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Inside the CFPB
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NY AG Threatens to Sue BofA, Wells Fargo For Failure to Follow Servicing Settlement

May 9, 2013
New York Attorney General Eric Schneiderman announced this week that he plans to file lawsuits against Bank of America and Wells Fargo for failing to comply with servicing standards included in the $25 billion national servicing settlement. Other states appear likely to join the action, though the litigation might not have much of an impact on the servicers, according to industry analysts. “My office has received a significant number of complaints regarding the flagrant violations by Bank of America and Wells Fargo of the loan modification timeline requirements contained in [the settlement],” Schneiderman said in a letter to the committee monitoring the settlement. BofA and Wells, along with Ally Financial, Citigroup and JPMorgan Chase, have had to comply...
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Pending Qualified Mortgage Standard May Prompt Shift Toward Monthly Borrower-Paid Premium MI

May 9, 2013
The three percent points-and-fees cap for qualified mortgages under the Consumer Financial Protection Bureau’s ability-to-repay rule is likely to push the private mortgage insurance industry away from products that emphasize upfront premiums and towards products built on monthly premiums. As the rule stands now, borrower-paid, non-refundable upfront MI premiums would be included in the points-and-fee calculation, but borrower-paid monthly MI premiums would not. There are two caveats: lenders may also exclude...
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GSEs Report Mammoth $63 Billion in First-Quarter Earnings, May ‘Repay’ Treasury Bailout by Yearend

May 9, 2013
Fannie Mae and Freddie Mac this week reported a combined $63.3 billion in net income during the first quarter of 2013, which represents a huge dividend to taxpayers on the total $189.4 billion capital infusion they received since going into conservatorship. Together, the two government-sponsored enterprises will have paid $131.6 billion to the Treasury by the end of the second quarter, when the government “sweep” of excess net worth takes place. Under the terms of their bailout, the GSEs never pay down their Treasury draws, regardless of how much they pay in preferred stock dividends or net-worth sweeps. But Fannie and Freddie are...
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SEC Approves Shellpoint Shelf, Paving the Way for ‘Prime Quality’ Non-Agency MBS

May 8, 2013
Paul Muolo
A company affiliated with MBS co-inventor Lewis Ranieri is moving closer to issuing a security backed by "prime-quality" non-agency loans.
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Freddie Posts Huge Earnings for 1Q13, Ponders $30B of Deferred Tax Assets

May 8, 2013
Paul Muolo and Charles Wisniowski
Freddie Mac has been profitable for six quarters but needs to show positive earnings for six more before it can recapture its deferred tax asset.
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Short Takes: $750 Million of NPLs to Bid This Week / Two Harbors in the Hunt for ‘Re-performing’ / Investors Will Continue to Dump Non-Agency MBS / NAFCU Upset with FHFA Edict on QM / Former Ally Executive Gets Hired by MBS Group

May 8, 2013
Brandon Ivey, Paul Muolo, and Thomas Ressler
A $750 million offering of nonperforming mortgages is expected to go down this week. Meanwhile, NAFCU is mad at FHFA over the QM rule.
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Demand for Prime Mortgages Continues to Strengthen

May 8, 2013
Thomas Ressler
Roughly 75 percent of bank loan officers cited put-back risk by Fannie Mae and Freddie Mac as an important factor limiting their current ability or willingness to approve home-purchase loans.
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Fannie, KPMG to Pay $153 Million to Settle Decade-Long Shareholder Fraud Suit

May 8, 2013
Charles Wisniowski
Two Ohio pension funds that owned stock in Fannie Mae sued the GSE in 2004 related to a $6.3 billion overstatement of earnings.
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GSEs Consider Expanding Scope of Common Securitization Platform

May 7, 2013
John Bancroft
The GSE "common securitization platform" is under construction and already potential add-ons are being discussed, including a loan acquisition module.
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FHFA Seeks Comment to Refine Its Planned National Survey of Mortgage Borrowers

May 7, 2013
Charles Wisniowski
The Federal Housing Finance Agency plans to survey residential borrowers about how they were treated by lenders.
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