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Inside the CFPB
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Ninth Circuit Upholds GSE Security Interest, Rules Federal Foreclosure Bar Preempts State HOA Law

September 7, 2017
Lenders and servicers of Fannie Mae and Freddie Mac mortgages notched a big win in the U.S. Court of Appeals for the Ninth Circuit, which found that a federal bar on foreclosure on government-sponsored enterprise loans preempted Nevada’s superiority lien law. As a published decision, the court’s ruling in Berezovsky v. Moniz resolves the dispute in favor of the federal foreclosure bar, according to Marc James Ayers and R. Aaron Chastain, attorneys with Bradley Arant Boult Cummings. It serves as a binding precedent in the Ninth Circuit and should guide other circuits in deciding cases involving homeowners associations’ super-priority liens, they said. In Berezovsky, the panel affirmed...
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CFPB’s Cordray to Give Ohio Speech on Date of Gubernatorial Debate. Meaning?

September 6, 2017
Thomas Ressler
Fun fact: Ocwen is one of the sponsors of the event where CFPB Director Richard Cordray will be speaking…
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Nine Years Ago, Fannie and Freddie Were Taken Over. Treasury is Now $82.3 Billion Richer

September 6, 2017
Paul Muolo
Investors Unite speaks for GSE shareholders – except senior preferred holders (the Treasury Department)…
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FHA Extends Interim Rules for Condo Project Approval

September 6, 2017
George Brooks
Spot-condo approvals would require property recertification every three years…
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Short Takes: Loan Closings Cancelled in Parts of FL as Hurricane Approaches / A Rarity: Podium Readies Jumbo MBS Backed by Reverses / Applications and Refis on the Rise / Freddie Exec Takes CIO Job with Subservicer Cenlar

September 6, 2017
Brandon Ivey, Paul Muolo, and Sherry Muolo
As another hurricane approaches the U.S. more loan closings are cancelled...
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During Labor Day Speech, CFPB Director Corday Sounds a Little Like a Candidate

September 5, 2017
Thomas Ressler
Sounding like a candidate, the CFPB Director noted: “If we do not push back on the forces that press people down, we are allowing America’s promises to go unfulfilled.”
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Short Takes: Trump Tax Cuts Could Damage High-End Market / Almost 60 Groups Fight for Vote on Patenaude / The Signors / Hurricane Damage Update / A New Hire for Mortgage Network

September 5, 2017
Paul Muolo and Thomas Ressler
Groups signing the Patenaude letter include the Center for Responsible Lending, Community Mortgage Lenders of America, NAACP, NAR and many others…
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What We’re Hearing: A $1 Billion Capital Buffer for the GSEs? / What Would the Minimum Be? / Government Assistance for Ginnie Issuers / A Status Report from Cornerstone Mortgage in Houston / Richard Cordray: Still There

September 1, 2017
Paul Muolo
CFPB's Cordray clerked for both Robert Bork and Anthony Kennedy...
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Non-QM Performance Strong, Many Prepayments

September 1, 2017
Delinquencies on non-qualified mortgages have been minimal and many borrowers with the loans seek to refinance relatively quickly, according to an analysis by Wells Fargo Securities. Among non-QMs with at least two years of seasoning that were included in nonprime mortgage-backed securities, more than 97 percent haven’t missed a payment, according to Wells. “Borrower credit performance has been robust so far, with delinquency rates and losses still subdued,” the analysts said. As of the end of July, only one non-QM in a nonprime MBS has gone...
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Bayview Putting Some Non-QMs in MBS

September 1, 2017
An affiliate of Bayview Asset Management issued a $230.0 million non-agency mortgage-backed security this week largely stocked with seasoned mortgages, including one non-qualified mortgage. DBRS and Fitch Ratings placed AAA ratings on Bayview Mortgage Fund IVc Trust 2017-RT3, without putting much emphasis on the non-QM. Non-QMs had accounted for 2.1 percent of a $125.82 million MBS from Bayview that priced in July and 1.0 percent of a $208.13 million deal it priced in April. The sponsor of the deal will retain...
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