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Inside the CFPB
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HUD Unveils Changes to Lender Self-Reporting Requirements

November 18, 2013
George Brooks
Under the new guidance, lenders must report to FHA all findings of fraud and material misrepresentations concerning the origination, underwriting or servicing of a loan that the lender is unable to mitigate or resolve.
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JPM Strikes Tentative $4.5 Billion Settlement With RMBS Investors

November 18, 2013
Charles Wisniowski
The settlement offer – which does not cover claims on trusts issued by Washington Mutual – will remain open until Jan. 15, 2014, but may be extended.
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More Firms Consider Their Prospects in the Non-Agency Space, Including Freedom Mortgage and W.J. Bradley

November 15, 2013
Although non-agency MBS issuance has been a dicey proposition since rates spiked in late spring, residential lenders continue to eye the sector, liking the long-term outlook for jumbo securities. Two nonbanks taking a close look at the jumbo MBS market include Freedom Mortgage and W.J. Bradley Mortgage Capital, both established names in the agency MBS arena. In an interview with Inside MBS & ABS, Freedom Mortgage CEO and founder Stanley Middleman said...
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Around the Industry

November 15, 2013
Recapitalization of RMIC Will Pave the Way for a Return to MI Market. Old Republic International (ORI) is planning to recapitalize its mortgage guaranty subsidiary, RMIC Companies, Inc., which could resume underwriting in early 2014. Old Republic plans to contribute up to $50 million of new capital and raise additional funds, which would allow RMIC and its subsidiaries to fully support existing policies, pay off deferred claim obligations, exit state supervision, and resume underwriting new business early next year. The cash infusion would require ...
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HUD Updates Borrower Communication Guidance

November 15, 2013
The Department of Housing and Urban Development has updated the timelines and methods servicers must follow for communicating with borrowers in default. Mortgagee Letter 2013-39 also addresses policies for engaging borrowers early in their delinquencies, specialized collection techniques for early-payment defaults or re-default, and FHA’s expectation for servicers to have written processes and procedures to follow for every stage of delinquency up to collection. Communicating early with borrowers who are late in their mortgage payments is essential in ensuring that delinquency is properly addressed, the agency said. HUD’s latest guidance provides a “collection-communication timeline,” which is a series of sequential steps a servicer can follow in dealing with a delinquent borrower. These steps would help the servicer assess a borrower’s circumstances, intentions and financial condition as well as determine an appropriate response.
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Quality Assurance Framework in the Works

November 15, 2013
The FHA is working to create a quality-assurance framework with enhanced reporting built around QA results as well as a refined approach to identifying underwriting defects, according to a top agency official. There is much uncertainty in the mortgage market today and one way to address that is to create a clear framework for lenders explaining FHA’s view of underwriting defects, how they are defined as well as their consequences, said Charles Coulter, deputy assistant secretary for housing with the Department of Housing and Urban Development. Speaking at the recent Mortgage Bankers Association annual convention, Coulter said the ...
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RBS Settles Old Claims with Regulators

November 15, 2013
RBS Securities agreed to settle charges levelled by the Securities and Exchange Commission that the underwriter mislead investors in a $2.2 billion subprime mortgage-backed security offered in 2007. “RBS knew or should have known at the time that almost 30 percent of the loans backing the offering deviated so much from the lender’s underwriting guidelines that they should have been kicked out of the offering entirely,” the SEC said of Soundview Home Loan Trust 2007-OPT1. The mortgages in question were ...
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What We’re Hearing: Pershing Square Now Owns Almost 10 Percent of Fannie Mae – and Freddie Mac / Fairholme’s Bruce Berkowitz Loves to Donate Money – to Politicians / PwC Getting Rich Off of Nationstar / UGI and Radian Tops in MI

November 15, 2013
Paul Muolo
One last thought on Berkowitz and Fairholme: To get Congress to listen to your ideas you have to donate money. Berkowitz can check that box off his to-do list. He has been a generous donor to Republicans and Democrats alike over the past two election cycles.
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Lenders Try to Parse Non-QM Compliance

November 15, 2013
While many lenders say they intend to stick to originating safe-harbor qualified mortgages, some are taking a long look at the non-QM market or even building their strategy on it. Attorneys speaking at the recent annual convention of the Mortgage Bankers Association said rigorous underwriting, documentation and a solid track-record are prerequisites to competing safely in the non-QM space. And though the challenges are substantial, so are the potential rewards. A number of lenders are likely to test the water ...
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QM Compliance a Key Component of MBS Ratings

November 15, 2013
With qualified-mortgage underwriting requirements set to take effect Jan. 10, the rating services are beginning to detail the role QM status will play in ratings for non-agency mortgage-backed securities. Fitch Ratings appears to be the furthest along in adjusting its ratings process to account for the Consumer Financial Protection Bureau’s ability-to-repay rule and QM standards. The rating service this week released its initial perspective for rating non-agency MBS with loans originated in a QM world ...
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