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Inside the CFPB
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Changes to Fed Program Anticipated with Interest Rate Hike Could Increase the Cost to Finance MBS Purchases

December 4, 2015
An increase in interest rates by the Federal Reserve is likely to be accompanied by a change to a Fed program that could have a significant impact on investors’ cost to finance purchases of MBS, according to industry analysts. The Fed could increase interest rates as soon as Dec. 16. In a report released this week, analysts at Deutsche Bank Securities noted that Fed officials have discussed removing a cap on the Fed’s overnight reverse-repurchase program when interest rates increase. “That program will almost surely put...
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Some See Value in Subprime Auto Sector Despite Continuing Losses. Houston, Do We Have a Bubble?

December 4, 2015
Some market analysts see an investment opportunity brewing in subprime auto ABS in the coming year, despite increasing regulatory attention. But certain rating analysts are emphasizing the rising losses the sector has been seeing for the last few months, and a few contrarians think the market is either poised to enter bubble territory or is already there. Consumer ABS analysts at Wells Fargo Securities are recommending subprime auto subordinated bonds rated BBB, convinced they offer good value on a risk-adjusted basis. With spreads set to finish 2015 at historically wide levels (excluding the financial crisis), the analysts expect...
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SEC Progressing on Rulemakings for Conflicts Of Interest at Credit Rating Agencies, ABS Deals

December 4, 2015
Among the regulatory initiatives underway at the Securities and Exchange Commission is a potential crack-down on conflicts of interest at credit rating agencies. In the SEC’s latest regulatory agenda, the agency noted that its Office of Credit Ratings is “considering recommending that the commission propose rules and amendments designed to address the conflicts of interest associated with the issuer-pay business model.” In other words, at issue is...
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Judge Denies Motion to Quash Subpoena of Fannie Chair

December 4, 2015
In the ongoing Fairholme Funds v. The United States case, Judge Margaret Sweeney recently denied Fannie Mae’s motion to quash or invalidate a subpoena issued by the plaintiff’s counsel. As part of the discovery phase, Fairholme Funds asked that Egbert Perry, appointed chairman of the noard of Fannie in 2014 and board member since 2008, be called to testify in the case. In the motion, Fannie and Perry argued that based upon the discovery conducted so far, deposing Perry is “unnecessary and burdensome.” The court rejected that and other arguments made to relieve Perry of testifying. In the November order, Judge Sweeney said that the court permitted discovery in this case to ensure that plaintiffs would have every opportunity to...
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Wells Fargo Fights Back Against Cross-Selling Allegations

December 3, 2015
Brandon Ivey
In addition to state law, federal laws address cross-selling issues. The Real Estate Settlement Procedures Act, for example, covers referrals of settlement service business, like residential mortgage loans.
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Franklin American in $70 Million Settlement with DOJ Over FHA Underwriting; Pressure From Management?

December 3, 2015
Brandon Ivey
“Some of you work the regular hours with minimal extra ... and this will not work,” an assistant vice president and underwriting manager at Franklin American said in an email to underwriters...
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Short Takes: $3 Billion in Ginnie MSRs Up for Grabs / More Servicing Regulations from the CFPB / Sterne Agee Lowers Estimates on PHH / Which GSE CEO Leaves First? / LenderLive’s New Hire

December 3, 2015
Paul Muolo and Thomas Ressler
Now that President Obama has signed legislation to cap Fannie Mae/Freddie Mac CEO pay, which GSE chief will leave first?
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Quicken Cites FHA Certifications, Lawsuit as Reasons Why It May Bolt

December 3, 2015
Paul Muolo
In comments to IMFnews, Emerson accused the HUD Inspector General and DOJ of “hijacking” the FHA program.
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Warehouse Lending Slows Somewhat in 3Q15; Competition Heats Up as Banks Cut Pricing

December 3, 2015
Warehouse banks ended the third quarter with $46.0 billion of commitments on their books, a 4.2 percent sequential decline as residential originations in the primary market slowed and nonbank customers needed less credit. According to survey figures compiled by Inside Mortgage Finance, warehouse commitments at the end of September were up 27.8 percent from the same point in 2014. The quarterly decline was...
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Banks Face Some Regulatory Risk as They Try to Cross-Sell Financial Products to Mortgage Borrowers

December 3, 2015
Wells Fargo is reportedly under investigation for a practice that banks across the industry have relied on for years: cross-selling financial products to their customers. Big banks have been particularly upfront about how they see jumbo mortgages originated for portfolio as a way to cross-sell other products. Cross-selling financial products occurred without much regulatory scrutiny until a lawsuit by the Los Angeles City Attorney in May. LA City Attorney Mike Feuer alleged that Wells’ cross-selling activities violated California’s unfair competition law. The Office of the Comptroller of the Currency and the Federal Reserve Bank of San Francisco are also reportedly investigating Wells’ cross-selling. Feuer alleged...
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