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Inside the CFPB
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Is Non-QM Lending a Bust? Former CFPB Official Speaks His Mind

March 28, 2016
Brandon Ivey
CFPB Director Richard Cordray has pushed back against claims from industry participants that regulations have unduly constricted lending...
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Short Takes: A Mortgage Giant Named Nimrick? / Keeping the GSEs ‘On Budget’ / Banking and Mortgage Deregulation? / Mortgage Executive Bolts Wells Fargo for Tech Vendor

March 28, 2016
Paul Muolo
Mortgage deregulation ahead? GOP presidential candidate Sen. Ted Cruz, R-TX, has tapped former Texas senator Phil Gramm as an economic advisor...
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Due Diligence Firms Working to Standardize Reviews for TRID Compliance, Helping Non-Agency MBS Issuance

March 25, 2016
Due diligence firms led an effort to issue a draft proposal late last week that would establish a standardized approach for reviewing compliance with the TRID mortgage-disclosure rule. The effort organized by the Structured Finance Industry Group was met with praise by industry participants. “The draft proposal represents a significant step forward for developing an industry standard treatment of errors related to the new residential mortgage disclosure requirements,” Fitch Ratings said. TRID is industry shorthand for a new integrated disclosure rule that covers requirements under the Truth in Lending Act and the Real Estate Settlement Procedures Act. Third-party due diligence providers have identified...
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When in Doubt, Buy Agency MBS. Bond Prices Continue to Rise in Wake of Bombings in Europe; Liquidity Improves

March 25, 2016
The average daily trading volume in agency MBS climbed to $201.4 billion in February, the best reading in nine months and a sign that investors will still flock to government-backed products in times of uncertainty, especially extreme uncertainty. Late this week, market watchers expressed their concerns about the terrorist bombings in Belgium as well as continued worries about China’s slowing economy and sagging oil prices. In short order, they piled into MBS issued by Fannie Mae, Freddie Mac and Ginnie Mae. Barry Habib, who runs MBS Highway, a rate-lock service, told...
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SCOTUS Eyes Madden, Applicability of State Usury Laws for Loans in a Securitization at Stake

March 25, 2016
This week, the Supreme Court of the United States invited the U.S. Solicitor General to file a brief “expressing the views of the United States” in the Madden v. Midland Funding case, indicating the court is seriously considering taking the case. Assuming the Solicitor General obliges the high court, attorneys at the Pepper Hamilton law firm believe the brief likely will articulate the views of the primary banking agencies on whether SCOTUS should grant certiorari, along with their relative positions on the issues in the case. Madden involves...
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DBRS Tops in Rating Non-Agency MBS, S&P Wins Non-Mortgage ABS Ratings Ranking

March 25, 2016
Standard & Poor’s kept its position as the top provider of ratings for newly issued non-mortgage ABS last year, although the volume of deals the company rated fell 10.1 percent from 2014, according to a new Inside MBS & ABS analysis. S&P rated ABS bonds totaling $106.86 billion in new issuance in 2015, or 61.5 percent of deals for which rating information was available. That was down slightly from its league-leading 64.1 percent share of the rated 2014 ABS market. The company’s strong suits were credit card ABS and deals backed by vehicle loans and leases. Fitch Ratings finished...[Includes two data tables]
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Risk-Retention Suit Moved to D.C. District Court, HFSC Eases CLO Managers’ Risk-Retention Burden

March 25, 2016
A federal appeals court in Washington, DC, ordered the transfer of a case challenging risk-retention rules to the district court because the petitioner sought review of an agency action “in the wrong court.” Writing for the majority, Judge Janice Brown of the U.S. Court of Appeals for the District of Columbia shifted the Loan Syndications and Trading Association’s (LSTA) challenge to the lower court for lack of statutory authorization to review the rule. “As it turns out, LSTA’s challenge on the merits will have to wait,” she wrote. Jointly prescribed by the Securities and Exchange Commission, Federal Reserve Board, Federal Deposit Insurance Corp. and Office of the Comptroller of the Currency, the credit risk-retention regulations required...
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Private Sector Works on Solution for TRID Issues; CFPB Is Watching

March 25, 2016
Proposed standards drafted by due diligence providers for how to handle TRID mortgage disclosure issues could be finalized as soon as next week, according to the Structured Finance Industry Group. TRID compliance violations uncovered by third-party due diligence firms are seen as a major contributor to the slowdown in non-agency mortgage-backed security issuance since the Consumer Financial Protection Bureau’s TRID rule took effect in October. And some have suggested ...
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Numerous Obstacles to Originating Non-QMs

March 25, 2016
Originations of non-qualified mortgages remain suppressed and industry participants are divided on prospects for volume going forward. “We thought there would be significant non-QM activity by now,” said Chris Haspel, a director at Promontory Financial Group. He was speaking at the recent ABS Vegas conference produced by Information Management Network and the Structured Finance Industry Group. Haspel was a senior adviser for residential mortgage servicing and ...
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News Briefs

March 25, 2016
CORRECTION: An update to a story in the March 11 issue of Inside Nonconforming Markets with the headline “Banks’ First-Lien Holdings Increase in 2015” is available at http://www.insidemortgagefinance.com. The story and accompanying ranking were revised because the ranking initially showed numbers from the second quarter of 2015 for the fourth quarter of 2014. Five Oaks Investment said it recently determined ... [Includes five briefs]
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