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Inside the CFPB
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Short Takes: CoreLogic: Year-Over-Year Home Prices Seven-Year High / CFPB Incurs Nearly $300 Million in Obligations / Should the GSEs Support the National Housing Trust Fund? / SEC Allows Public Companies onto Social Media

April 4, 2013
Brandon Ivey, Thomas Ressler, and Charles Wisniowski
Home prices nationwide jumped in February by the largest margin in seven years, said CoreLogic while the SEC has decided to allow public companies to Twitter and Facebook.
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Fannie Mae Posts Record Quarterly, Yearly Earnings in 4Q12, Passes on Deferred Tax Asset Allowance For Now

April 4, 2013
Fannie Mae ended 2012 with its single best quarterly and yearly profit in company history, prompting the government-sponsored enterprise to predict sustained profits “for the foreseeable future,” without taking into income any of the massive allowance it has built up related to deferred taxes. Fannie reported net income this week of $17.2 billion for 2012, compared to a net loss of $16.9 billion in 2011, with fourth quarter earnings of $7.6 billion. A year earlier, the GSE posted a $2.4 billion loss for the fourth quarter of 2011. “We had...
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Difficulties Making Payments Cause Most Mortgage Complaints, Servicers Have High Response Rates

April 4, 2013
Most mortgage-related complaints borrowers filed with the Consumer Financial Protection Bureau stemmed from problems they had making their payments, although servicers generally turned in surprisingly high and consistent response rates for timeliness and resolution, according to an analysis of the new data by Inside the CFPB, an affiliated newsletter. Among the 90,000 consumer complaints included in the vastly expanded public database, more than 50,000 – far and away the biggest share – had to do with mortgages. About 30 percent of the mortgage complaints were leveled...[Includes one data chart]
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Genworth Cleared to Reorganize, Isolate Ailing MI Business; PMI Receiver, Potential Investors Revive Stalled Negotiation

April 4, 2013
The Securities and Exchange Commission last week cleared the way for Genworth Financial to separate its struggling mortgage insurance operations and create a new holding company structure that would shield the parent from any fallout from problems of its MI operations. The SEC granted Genworth’s request for a no-action letter, which ensures that no enforcement action would be taken based on Genworth’s interpretation of rules and regulations regarding mergers and succession, new registrant, obligations and indentures. Genworth announced...
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States Overhaul Loan Officer Tests, Allowing Uniformity Among 20 States With More to Come

April 4, 2013
In the first major change to loan originator test requirements since tests required by the Secure and Fair Enforcement for Mortgage Licensing Act were implemented in 2009, 20 state regulators adopted new LO tests this week. Industry participants applauded the uniformity among states, which will allow mortgage loan originators to satisfy testing requirements for multiple states in one swoop. Effective April 1, 20 states implemented uniform state content for the SAFE MLO test, five more states will adopt the test July 1 and two state agencies in Texas will adopt the test Oct. 1. MLOs seeking a license in the states will no longer be required to take a second, state-specific test component, according to the Conference of State Bank Supervisors. “This is...
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Implementation of Recommendation for Agency MBS Margining Delayed Until the End of 2013

April 4, 2013
The Treasury Market Practices Group announced last week that a margining recommendation for agency MBS initially set to be implemented in June will be delayed until the end of 2013. The provisions apply to primary dealers working with four broad categories of forward-settling agency MBS transactions as part of an effort to manage counterparty exposures. The implementation date was delayed in response to concerns from market participants. Timothy Cameron, managing director and head of the Securities Industry and Financial Markets Association’s asset management group, said buy-side participants need to negotiate agreements for each of their accounts, which can include thousands of documents. “It is clear many market participants will not be able...
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Mortgage Industry Reps Take Issue With Restrictive, Potentially Damaging MBS Accounting Proposal

April 4, 2013
The International Accounting Standards Board has proposed an accounting treatment that would force holders of all but the most senior tranche of an MBS to account for those assets at fair value through net income – something that has the Mortgage Bankers Association expressing concern. The MBA generally supports the introduction of fair value through an “other comprehensive income” (OCI) classification for financial assets held within a business model in which assets are managed both in order to collect contractual cash flows and for possible sale, according to James Gross, vice president of financial accounting and public policy for the trade group. However, the MBA has...
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SIFMA Seeks Input in Development of SEC’s Consolidated Audit Trail, Eventual Incorporation of ABS, MBS

April 4, 2013
A white paper issued last week by the Securities Industry and Financial Markets Association recommends that a Securities and Exchange Commission mandated, but still nascent, automated securities monitoring system should and will eventually incorporate ABS and MBS products into its field of supervision. Last summer, the SEC approved a final rule requiring national securities exchanges, known as SROs, to establish a consolidated audit trail. The SEC rule requires securities exchanges and securities associations to submit to the SEC a plan to create a CAT system that will capture information regarding securities quotes and orders. In particular, the CAT system will have to track...
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State Regulators Ask CFPB to Show Flexibility in Defining ‘Rural’ Markets for QM

April 3, 2013
Thomas Ressler
The Conference of State Bank Supervisors is calling upon the Consumer Financial Protection Bureau to adopt a petition process to define “rural” counties as the bureau prepares to implement balloon “qualified mortgage” and escrow requirements for rural lenders.
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States Adopt Uniform Tests for Loan Originators

April 2, 2013
Brandon Ivey
Twenty state regulators adopted uniform tests for mortgage loan originators on Monday, easing compliance for MLOs doing business in multiple states. State testing has been required since 2009 due to the Secure and Fair Enforcement for Mortgage Licensing Act.
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