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Inside the CFPB
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State AGs Will Fill the Void if CFPB Punts on Disparate-Impact Use

September 24, 2018
Yemeng Yang
CFPB chief Mick Mulvaney said the bureau is “no longer allowed” to make any rules about disparate impact under ECOA…
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Risk-Retention Rules Might Not Apply to Some Commercial MBS After Court Ruling on CLOs

September 21, 2018
A court ruling in February which determined that risk-retention requirements don’t apply to certain collateralized loan obligations could have opened a way to avoid risk retention in the commercial MBS market, according to an industry lawyer.
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Ginnie Mae Assures Acceptance of VA ‘Orphan’ Loans Following Panel’s Passage of Corrective Legislation

September 21, 2018
Ginnie Mae said it would accept “orphaned” VA loans for delivery into Ginnie MBS as long as the mortgage meets the terms of the law.
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Recent Legislative and Government Proposals Would Have Mixed Impact on Student Loan ABS: Moody’s

September 21, 2018
Changes made by the Dodd-Frank reform bill, along with other legislative proposals and government actions, would have mixed credit impact on ABS backed by student loans, said Moody’s Investors Service.
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Industry Lauds Passage of Bill to Fix the VA ‘Orphan’ Loan Mess

September 21, 2018
George Brooks
The Zeldin bill passed by a vote of 48-0.
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What We’re Hearing: Freddie Mac Puts on its Banker Hat / Some Interesting Policy Moves by Mel Watt / Nonbank Liquidity is a Good Thing, Right? / The Progressives v. the Traditionalists / Eat a Peach: CFPB Moves an Office to Atlanta

September 21, 2018
Paul Muolo
The idea to ban nonbanks from the FHLB system (via the captive loophole) increasingly looks like a head-scratcher....
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Corrective Bill Renders VA Orphan Loans Eligible for Ginnie Guarantee

September 21, 2018
Ginnie Mae assured the mortgage industry that it would accept so-called VA orphan loans as long as they satisfy the terms of corrective legislation passed by the House Financial Services Committee recently. “As long as the mortgage loan complies with the law, we will accept it and put our guarantee on it,” said an agency spokesperson in response to an Inside FHA/VA Lending inquiry. Ginnie’s assurance provides certainty to a subset of VA loans that have been in limbo since June because they could not be delivered into Ginnie mortgage-backed securities. Lawmakers responded to industry calls for a legislative fix last week by voting overwhelmingly to approve H.R. 6737, the “Protect Affordable Mortgages for Veterans Act of 2018.” Introduced by Rep. Lee Zeldin, R-NY, the bill would eliminate the seasoning requirements in the recently enacted Dodd-Frank Act reform legislation, which conflicted with ...
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September Issuance of FHA Final Condominium Reforms Unlikely

September 21, 2018
It looks like the Department of Housing and Urban Development will not be able meet its September target date for rolling out its long-awaited FHA condominium reform rule. Such is the consensus among stakeholders whose hopes were raised when HUD Secretary Ben Carson told the House Financial Services Committee in June that he would be issuing the rule this month. “HUD and the Office of Information and Regulatory Affairs (within the Office of Management and Budget) want to release the rules with the updated Single Family Handbook and they are still working on that,” said a real estate industry executive. He added that despite what Carson said at the committee hearing, “September is not likely for a release.” As of press time, the final condo reform rule had not yet been delivered for OMB review, a process that in the past has taken months to complete. In contrast, it took about a ...
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FHA Delinquency Rates Decline Significantly in August from July

September 21, 2018
The delinquency rates on the approximately 7.9 million FHA loans outstanding fell by 20.7 basis points in August from the previous month, according to an Inside FHA/VA Lending analysis of FHA data. About 11.24 percent of FHA loans were in various stages of delinquency at the end of August. An estimated 4.73 percent of active FHA loans were 30-60 days past due while 3.90 percent were 90-plus days seriously delinquent at midpoint of the third quarter. FHA loans that were 60 to 90 days delinquent accounted for 1.56 percent of FHA loans outstanding while 1.05 percent of loans were in foreclosure. Texas, which accounted for 805,535 of total FHA loans being serviced, reported 11.4 percent of the loans as delinquent or in foreclosure. Second-place California showed a 7.39 percent delinquency/foreclosure rate overall. The state’s foreclosure rate was at a very low 0.53 percent. New Jersey and Louisiana ... [Chart]
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MBA Backs USDA User Fee, Calls for Transparency, Accountability

September 21, 2018
The Mortgage Bankers Association expressed support for a proposed collection of a system user fee in the U.S. Department of Agriculture’s single-family housing guaranteed loan program while underscoring the need for transparency and accountability regarding the use of the funds. “The [USDA] should be clear that it is limited in the scope of acceptable uses for the funds and that these funds will not be used for unspecified or unrelated activities,” the trade group said in its comment letter. The call for closer oversight of the proposed user-fees was among several recommendations the MBA made regarding the USDA proposal. Published in the July 13 Federal Register, the proposal would authorize the USDA to assess and collect a $25 fee from lenders for information technology upgrades. The fee will be collected through the USDA’s Lender Loan Closing (LLC) system when a loan goes to ...
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