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New QRM Proposal and Long-Pending Update To SEC’s Reg AB Won’t Force Major Changes

September 20, 2013
Lenders and issuers already comply with most of the requirements in the recently re-proposed rule on risk retention as well as the disclosure standards under the proposed revision to Regulation AB, according to a former Treasury Department official. Darius Kingsley, currently a managing director and co-general counsel at JPMorgan Chase and former chief of Treasury’s homeownership preservation office, said the risk-retention rule will likely prompt increased issuance of non-agency MBS. “I think it’s...
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So, When Might Those Foreclosure-Related G-Fee Hikes Be Announced by FHFA?

September 20, 2013
Charles Wisniowski
It’s not a surprise that FHFA has been quiet about its not-overly popular state-level g-fee proposal, according to Robert Bostrom, a shareholder at the law firm of Greenberg Traurig and a former general counsel at Freddie Mac.
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REIT MBS Holdings Declined in Second Quarter, Outlook May Have Brightened

September 20, 2013
Real estate investment trusts that focus on investing in residential MBS continued to see declines in their portfolios during the second quarter, but their earnings outlook may have improved somewhat this week, analysts say. Residential mortgage REITs held a combined $327.3 billion of single-family MBS as of the end of the second quarter, according to a new market analysis by Inside MBS & ABS. That was down 5.4 percent from the previous quarter, and it was the third straight quarterly decline since REIT MBS holdings reached a high of $374.2 billion in September 2012. REIT MBS holdings are...[Includes one data chart]
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Judge Says MBS Trustee Action to Stop Implementation Of Eminent Domain Strategy is Premature, Dismisses Case

September 20, 2013
A federal district court judge in California this week dismissed without prejudice an action brought by securitization trustees to stop the City of Richmond, CA, and its partners from implementing an eminent domain strategy to seize and refinance underwater mortgages. Judge Charles Breyer of the U.S. District for Northern California said he decided to dismiss the case rather than hold it in abeyance because “the plaintiffs’ claims are not yet ripe for adjudication.” In other words, one can’t sue over something that has not happened or is not bound to happen. In fact, certain developments, such as the finalization of an agency rule or the resolution of pending suits in other jurisdictions, may leave...
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Lehman Brothers Asks Bankruptcy Court to Reject Freddie’s ‘Priority’ Claim, Court Dismisses UBS Suit

September 20, 2013
Five years after it filed for Chapter 11 protection, the remains of the investment bank Lehman Brothers is asking a New York bankruptcy judge to rebuff a legal claim by Freddie Mac that would put the GSE at the front of the line of creditors. In papers filed with U.S. Bankruptcy Court in Manhattan last week, Lehman Brothers Holdings Inc. said that Freddie is not entitled to a “priority recovery” under Lehman’s confirmed plan of reorganization as the GSE seeks to recover $1.2 billion in unpaid loans. Freddie had been...
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Mortgage Attorneys Express Concern Over Implementation of ATR/QM Rule

September 20, 2013
George Brooks
The industry believes there are problems in the QM rule's content and requirements as well as in developing policies and procedures to support the measure and implement it.
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What We’re Hearing: Lower GSE Loan Limits Effective End of 1Q? / A Nonbank Offering Stand-Alone Seconds / More Jumbo Lenders Go to 10 Percent Down / Wells Fargo Still In Love With Mortgages? / Wingspan Spreads its Wings Again

September 20, 2013
Paul Muolo
The implementation date for lower GSE loan limits is being shifted to the end of the first quarter, or so we hear. Meanwhile, Citadel enters the market for stand-alone seconds.
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News Briefs

September 20, 2013
Higher-priced mortgages accounted for 3.0 percent of the number of mortgages originated in 2012, according to a Federal Reserve analysis of Home Mortgage Disclosure Act Data released this week. The loans had a 3.7 percent share of HMDA originations last year and a 26.0 percent share in 2006. The Consumer Financial Protection Bureau last week finalized a number of tweaks to pending mortgage rules. Adjustments were made to the servicing rule, loan originator compensation rule, definitions for ... [Includes three briefs]
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OMB Signs Off on FHA’s Draft QM Rule

September 20, 2013
The Office of Management and Budget has cleared a proposed rule setting qualified mortgage standards for FHA-insured single-family mortgages for issuance in the coming weeks. The OMB signed off on the proposed standards on Sept. 12 and the Department of Housing and Urban Development has a few more refinements to perform before publishing the proposal for public comment. HUD declined to discuss the contents of the proposed standards or indicate a timetable for a final QM rule. Industry participants, on the other hand, said they would be surprised if ...
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Pundits Expect Good News in FY13 MMIF Audit

September 20, 2013
The end of the fiscal year is drawing near, which means in a couple of weeks the FHA again will be in the hot seat as Congress, mortgage industry participants and consumer groups pore over the results of the latest fiscal year audit of the FHA’s Mutual Mortgage Insurance Fund. This time, stakeholders might find some encouraging data, observers say. The findings of the FY 2012 actuarial review conducted by Integrated Financial Engineering, Inc. brought a lot of heat on the FHA and the Department of Housing and Urban Development, reigniting calls for FHA reforms in the House and the Senate. Reform bills are currently ...
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