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Inside the CFPB
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Strong Growth, Regulatory Concerns for MBS Backed by Nonperforming Loans

October 3, 2014
The market for non-agency MBS backed by nonperforming and re-performing home loans has grown exponentially in recent years. However, the sector remains relatively small and regulatory concerns persist regarding servicing practices. At the ABS East conference produced by Information Management Network last week in Miami Beach, Susan Valenti, a director at Wells Fargo Securities, said $1.0 billion of non-agency MBS backed by nonperforming loans and re-performing loans was issued in 2011, followed by $2.0 billion of such issuance in 2012, $5.7 billion in issuance in 2013 and $5.2 billion in issuance thus far in 2014. Most of the deals aren’t...
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SEC Urged to Do More to Reform Credit Rating Process, Shopping By Issuers Remains a Problem

October 3, 2014
“Rating shopping is alive and well,” Calvin Wong, chief credit officer at Morningstar Credit Ratings, said last week at the ABS East conference in Miami Beach. The Securities and Exchange Commission recently released a rule setting new requirements for the rating services, but Wong warned that the SEC hasn’t done enough to address the issue. He said...
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Guess What? Credit Rating Shopping is Still Going On – Mostly in the CMBS Sector

October 3, 2014
Brandon Ivey
Calvin Wong of Morningstar noted that rating shopping is most obvious in the commercial MBS market
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Home-Equity Lending Gained Speed in Second Quarter, But Lenders Have Difficult Time Building Portfolios

October 2, 2014
Mortgage lenders originated an estimated $17 billion in new home-equity loans during the second quarter of 2014, a 30.8 percent increase from the previous period, according to a new market analysis and ranking by Inside Mortgage Finance. But the volume of outstanding home-equity lines of credit and closed-end second mortgages held in portfolio by depository institutions – the biggest players in the HEL market – continued to dwindle. Banks, thrifts and credit unions reported a total of $540.4 billion of HELOCs on their books at the end of June, down 0.9 percent from March, along with a 1.5 percent drop in closed-end seconds. It continued...[Includes three data charts]
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Short Takes: No ‘Dead Cat’ Bounce for Fannie, Freddie Stocks / General Custer and the GSEs / One Borrower, Multiple (Investor) Loans with FHA / FHFA Wins Another Court Case Too

October 2, 2014
Paul Muolo and Charles Wisniowski
So, is now a good time to buy into Fannie Mae and Freddie Mac? It's a game not for the faint of heart.
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Mortgage-Lending Community Banks See Opportunity in Regulatory Minefield

October 2, 2014
The vast majority of community banks plan to continue to offer mortgages even though increased regulation is limiting business, according to a survey conducted by the Conference of State Bank Supervisors. Rules from the Consumer Financial Protection Bureau remain a primary concern, although many community banks already offer loans outside of the standards for qualified mortgages. “Banks continue to see opportunity in residential mortgage lending but have a mixed view of non-QM lending,” according to the report jointly compiled with the Federal Reserve. “Assessing the ability to repay and QM standards against current exposures, bankers generally identified a low level of nonconformance, suggesting the rules may generally be in line with bank practices while still requiring significant changes in operations.” Some 64 percent of the 884 community banks surveyed said...
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Flagstar’s $37.5M Settlement with CFPB Removes Uncertainty, Sends Chill to Servicers, MSR Market

October 2, 2014
Mortgage servicers will likely proceed more carefully with their borrower interactions after the Consumer Financial Protection Bureau compelled Flagstar Bank to pay $37.5 million to settle allegations it interfered with borrowers’ attempts to save their homes. In the first enforcement action based on its new mortgage servicing rule, the CFPB ordered Flagstar to pay $27.5 million to the victims, and $10 million in to the bureau’s civil penalty fund. According to the consent order, Flagstar committed...
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Federal Judge Shuts Down GSE Shareholder Lawsuit, Upholds Government Authority to Sweep GSE Profits

October 2, 2014
In a surprise ruling this week, a federal judge in Washington, DC, dismissed claims by Fannie Mae and Freddie Mac shareholders challenging the Treasury Department’s 2012 “net-worth sweep” of nearly all the profits generated by the government-sponsored enterprises. Judge Royce Lamberth of the U.S. District Court for the District of Columbia ruled that Treasury and the Federal Housing Finance Agency are empowered by the Housing and Economic Recovery Act of 2008 to execute the “third amendment” of the preferred stock purchase agreement. The dismissal includes...
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Nonbank ‘Working Group’ Represents Substantial Market Share, Wants Voice on Key Regulatory Issues

October 2, 2014
Several large nonbank lenders have banded together to form what they call a “working group” to address key regulatory issues that they say are stifling their growth and future prospects for success in a rapidly changing mortgage industry. The group’s members – including Ocwen Financial – will initially strive to educate and inform regulators about nonbanks, but will not lobby Congress. Members of the group stress that the nonbank collective is not a trade organization and does not seek that status. For now, Ocwen is...
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EverBank Faces the Wrath of the HUD IG’s Office Over Pre-Foreclosure Sales

October 2, 2014
George Brooks
In response, EverBank questioned the accuracy of the IG report.
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