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Inside the CFPB
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Industry to CFPB on Data Integrity: Your Standards Are Unrealistic

October 31, 2014
Thomas Ressler
The current supervisory expectation of a near-zero error rate is virtually impossible to achieve, lenders have told the Consumer Financial Protection Bureau.
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Fed Ends Quantitative Easing Program, As Expected, But Will Yields Rise Enough to Lure Other Investors?

October 31, 2014
The Federal Reserve’s Open Market Committee brought the latest installment in its quantitative easing programs to a conclusion this week, but the central bank will continue to reinvest principal payments back into agency MBS. The FOMC also reaffirmed the current 0 to 0.25 percent target range for the federal funds rate. “The committee anticipates … that it likely will be appropriate to maintain the 0 to 0.25 percent target range for the federal funds rate for a considerable time following the end of its asset purchase program this month, especially if projected inflation continues to run below the committee’s 2 percent longer-run goal, and provided that longer-term inflation expectations remain well anchored.” And as usual, the Fed left...
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Commercial Mortgage Securitization Up Sharply in 3Q14 As CMBS and Agency Multifamily Both Post Big Gains

October 31, 2014
A total of $51.18 billion of commercial mortgages were securitized during the third quarter of 2014 as the sector reached a new post-crisis high in new issuance, according to a new market analysis by Inside MBS & ABS. Commercial mortgage securitization rose 38.4 percent from the second quarter and represented the biggest three-month period in new issuance since the third quarter of 2007. For the first nine months of 2014, commercial mortgage securitization totaled $119.76 billion, down 24.4 percent from the same period last year. New issuance was off on a year-to-date basis because of the slump in production during the first half of 2014. Both sides of the market posted...[Includes one data chart]
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Non-QMs in Non-Agency MBS Seen as Pricing Nearly As Strong as QMs, Depending on the Underwriting

October 31, 2014
Issuers of non-agency MBS should be able to price loans that don’t meet the standards for qualified mortgages at nearly the same levels as QMs, according to Andrew Davidson & Co., a firm that provides risk analytics on non-agency MBS. Non-QMs actually perform better than similar QMs in certain scenarios, as long as underwriting on the products is strong. Beginning in late 2015, non-QMs included in new non-agency MBS will trigger risk-retention requirements. Only mortgages that meet QM standards will be deemed to be qualified residential mortgages and exempt from risk retention. Interest-only mortgages appear...
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Critics Find Plenty to Stew Over in New Risk- Retention Requirements for MBS and ABS

October 31, 2014
Participants in the residential mortgage market were largely pleased with the risk-retention requirements finalized last week for certain non-agency MBS. However, the requirements, which also cover commercial MBS and other ABS, drew a wide range of criticism from others. “The short version is that the rule doesn’t require meaningful credit risk retention where it counts, and imposes significant market-shaping safe-harbor requirements where skin in the game isn’t so important,” said Adam Levitin, a professor of law at the Georgetown University Law Center. He noted...
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SEC Deadlock Stalls $16.7 Billion BofA Settlement; Fannie Will Pay $170 Million to Shareholders to End Pre-Crisis Suit

October 31, 2014
An internal conflict within the Securities and Exchange Commission is reportedly holding up final resolution of Bank of America’s record $16.65 billion settlement with government agencies. The settlement, announced last August, is stalled due to a partisan dispute among the five SEC commissioners over granting a waiver on additional sanctions that would take hold when the settlement is entered into court. The sanctions, if enacted, could adversely affect...
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What We’re Hearing: 40 Percent of Lenders May Disappear Via M&A? / Less Competition? / They’ll be Back / Benjamin Lawsky, a Nice Guy, Really / Provident Exiting Certain States?

October 31, 2014
Paul Muolo
One veteran mortgage trade group official, a staunch Republican no less, told us that Lawsky is an “honest and bright guy,” adding that he understands the issues.
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Lenders Encouraged by FHFA Buyback Relief, Want Details

October 31, 2014
Mortgage professionals seem cautiously optimistic about new policy proposals from the Federal Housing Finance Agency on buyback relief and high loan-to-value lending, but it remains to be seen whether they will have the desired impact. Speaking at the annual convention of the Mortgage Bankers Association last week, FHFA Director Mel Watt shared some concrete details about the new “life of loan” representation-and-warranty relief and outlined a number of other changes on tap.
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Experts: Uncertain Future of GSEs Will Accelerate Turnover

October 31, 2014
With little chance of GSE reform legislation passing until 2016, Fannie Mae and Freddie Mac will continue to experience employee turnover as well as infrastructure upkeep challenges, say experts. Speaking during a conference call sponsored by GSE shareholder rights group Investors Unite this week, Matt Seu, principal with Actualize Consulting and a former Freddie vice president, warned that six years of government conservatorship have taken a toll on the institutional memories at both companies. …
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GSE Shareholder Petitions Iowa Court to Reverse DC’s Dismissal

October 31, 2014
An Iowa-based GSE last week asked a federal court in the state to give “no weight” to a ruling earlier this month by a federal judge who dismissed litigation by other GSE shareholders, including Perry Capital and Fairholme Funds. Continental Western Insurance Co. filed papers in U.S. District Court for the Southern District of Iowa Central Division arguing that Judge Royce Lamberth was “simply wrong” in his interpretation of the Housing and Economic Recovery Act of 2008 and his HERA-based rationale to shut down shareholders’ suits in DC.
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