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Inside the CFPB
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Final Basel III Rule Could Spur Massive Transfer of MSRs, but Banks Eyeing Subservicing Arrangements

July 11, 2013
More sales of mortgage servicing rights are expected as a result of final Basel III capital rules approved by U.S. bank regulators over the past week. As anticipated, the Federal Reserve and other agencies declared that mortgage servicing rights cannot exceed 10 percent of Tier 1 capital – or 15 percent when deferred tax assets are factored into the equation. As was originally proposed, any MSR amounts above 15 percent must be deducted from Tier 1 capital, and any amounts included in capital will carry a risk weight of 250 percent. “Mortgage servicing rights were not given...
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Investor Groups File Suit to Void Treasury, FHFA, ‘Sweep’ of Fannie, Freddie Profits

July 11, 2013
Two different groups holding Fannie Mae and Freddie Mac stock filed suit against the government this week claiming that the Treasury Department and the Federal Housing Finance Agency are illegally poaching the profits from Fannie Mae and Freddie Mac that should go to shareholders. The FHFA and Treasury illegally implemented the so-called sweep amendment last summer that altered Fannie’s and Freddie’s preferred stock purchase agreements, according to the suits. The amended agreement allows the government to seize nearly all the profits of the two government-sponsored enterprises. This is a direct violation of the 2008 conservatorship legislation, according to the lawsuit filed by hedge fund Perry Capital in the U.S. District Court for the District of Columbia. Less than two days later, Fairholme Capital Management filed...
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CFPB Finalizes Changes to Ability-to-Repay, Servicing Rules

July 11, 2013
Thomas Ressler
The changes also clarify which mortgages will be considered for purposes of determining “small servicer” status.
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New York Regulators Freeze FHA’s MIP Cancellation Policy

July 11, 2013
George Brooks
Regulators in New York state are concerned that the increased MIP could raise the loans’ APR and convert them into subprime.
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FHA Wants to Tighten Quality Control Practices, Post-Endorsement Reviews

July 10, 2013
George Brooks
The FHA is considering whether to establish a maximum limit for “unacceptable” loans as well as a process to make post-endorsement reviews more efficient.
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Fannie Will Auction $1 Billion of Non-Agency Product

July 10, 2013
Paul Muolo
As reported by Inside MBS & ABS earlier in the year, the two GSEs are sitting on large unrealized gains on some of their MBS holdings, including non-agency.
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Short Takes: Zero-Down Mortgages for Up to $650,000 / Sandler No Longer in Total Love with Wells / National Housing Trust Fund Robbed by Regulators? / GOP Up in Arms Over Big Brother CFPB / New FHA Bill?

July 10, 2013
Paul Muolo, Thomas Ressler, and Charles Wisniowski
Need a zero-down mortgage for $650,000? Another Washington-area credit union steps up to the plate.
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Fairholme Lawsuit Also Seeks to Void Government ‘Sweep’ of GSE Profits

July 10, 2013
Charles Wisniowski
Just as with the Perry GSE litigation, Fairholme’s suit demands that the Treasury amendment to the preferred stock purchase agreement be voided.
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VA Urges Servicers to Consider Principal Reduction for Distressed VA Loans

July 9, 2013
George Brooks
In recently issued guidance, the VA said reduction of principal in connection with a loan modification may produce a higher expected return for a servicer than termination of the loan.
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'Data-Driven' CFPB Defends Data Collection Efforts

July 9, 2013
Thomas Ressler
Testifying before a House subcommittee, the CFPB's Antonakes emphasized the fundamental importance of data analysis to the bureau’s mission.
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