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Inside the CFPB
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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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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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Fed Decides ‘Tapering’ Can Wait, Asset Purchase Party Will Continue as Outlook Deteriorates

September 20, 2013
Rates for non-agency MBS and consumer ABS are expected to trend lower after the Federal Open Market Committee pulled a fast one on Wall Street this week by contradicting an expected “tapering” of its asset purchase program. Instead, the nation’s central bank announced it was continuing its ongoing purchases of $40 billion worth of agency MBS per month and $45 billion in longer-term Treasury securities. Prior to the FOMC’s meeting this week, the consensus view was that the Federal Reserve would pare monthly purchases of Treasury bonds by $10 billion and agency MBS by $5 billion beginning in October, according to analyst Isaac Boltansky at Compass Point Research & Trading LLC. “The housing sector has been...
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Attorneys Express Concern Over Implementation of ATR/QM Rule, Warn of Significant Compliance Issues

September 19, 2013
The Consumer Financial Protection Bureau’s amended final rule on ability to repay and qualified mortgages may have justifiable reasons but it is very complicated and difficult to implement, and likely to have unintended consequences, according to industry attorneys. Notwithstanding recent amendments to address concerns raised by the mortgage industry, the rule continues to pose challenges to lenders and attorneys in various areas. There are problems in the rule’s content and requirements as well as in developing policies and procedures to support it and the software to implement it, attorneys said. “We’re talking...
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HMDA Mortgage Originations Topped $2 Trillion in 2012 as Heavy Refinance Activity Combined With Purchase Market

September 19, 2013
Mortgage lenders reported originating $2.01 trillion in home-purchase and refinance mortgages during 2012, a 43.7 percent increase from the prior year, according to a new Inside Mortgage Finance analysis of Home Mortgage Disclosure Act data released this week. Because HMDA data typically capture a relatively small share of home-equity originations and some small lenders don’t report at all, the total originations number for last year was somewhat higher. Interestingly, the origination volume grew...[Includes one data chart]
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CFPB Finalizes Mortgage Rule Revisions as Industry Calls for More Change, Implementation Relief Mount

September 19, 2013
Late last week, the Consumer Financial Protection Bureau finalized revisions to some of its 2013 mortgage rules slated to take effect in January – mostly mortgage servicing and loan originator compensation regulations – whether the industry is ready or not. The amendments and clarifications that the bureau proposed in June – and now finalized via a final rules on Sept. 13 – include a number of changes sought by various industry groups. There were no big surprises between June and September, but some overlooked details, one of which was the CFPB determining that seller-paid points can be excluded from the 3 percent points-and-fees test for qualified mortgages under its ability-to-repay rule. “Seller’s points...are excluded...
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Implementation Date for Lower GSE Loan Limits Could Be Pushed Back to Late in the First Quarter

September 19, 2013
The mortgage and housing sectors know that lower loan limits for Fannie Mae and Freddie Mac are coming – but they would like to forestall the day of reckoning for as long as possible, especially in light of looming implementation deadlines tied to a slew of new rules from the Consumer Financial Protection Bureau. Industry lobbyists close to the issue said the Federal Housing Finance Agency was expected to make an announcement by the month’s end on what exactly those loan limits might be. However, some sources said the FHFA was weighing heavily the fact that mortgage lenders are already crunching on technology and compliance upgrades tied to CFPB rules, in particular, the ability-to-repay measure. One official said...
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Fed Asset Purchases to Continue; Mortgage Volume to Rise, Near Term

September 19, 2013
Thomas Ressler
Wall Street loved the unexpected news from the Fed, with the yield on the benchmark 10-year Treasury dropping to its lowest yield in weeks.
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Lehman Asks Bankruptcy Court to Reject Freddie’s $1.2 Billion ‘Priority’ Claim

September 19, 2013
Charles Wisniowski
Freddie Mac had been lending Fed Funds (overnight loans) to Lehman Brothers since 2005. Then, in 2008, the nature of those loans changed to longer term borrowings.
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CFPB Removes Seller Points from Qualified Mortgage Test

September 18, 2013
Thomas Ressler
Charges paid by the seller for certain items are included in points and fees, such as a title insurance fee paid to an affiliate of a creditor.
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