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FOMC, As Expected, Will End Reinvesting Into MBS Sometime After It Raises the Fed Funds Target Rate

September 19, 2014
The Federal Reserve’s Open Market Committee this week met Wall Street’s expectations that it will continue to plow principal payments from its holdings of agency MBS back into agency MBS until sometime after the central bank decides to raise its federal funds target range. “The timing will depend on how economic and financial conditions and the economic outlook evolve,” said the FOMC after its two-day meeting concluded Wednesday afternoon. In the meantime, the Fed’s tapering of its quantitative easing program will continue...
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Non-Agency MBS Market Still Stuck, Experts Agree; Policymakers, Players Discuss Ways to Ignite Growth

September 19, 2014
The non-agency MBS market remains stuck in the post-crisis doldrums, showing no signs of recovering, according to experts participating at this week’s Bipartisan Policy Center’s Housing Summit in Washington, DC. Efforts to ignite the growth in non-agency securitization channels to help reduce the government’s role in housing finance and draw back private capital have produced little result. Except for sporadic twitches, thanks to a smattering of deals backed by jumbo loans, the non-agency MBS market is barely alive, panelists said. The government, which is working to revive the non-agency market, sees...
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The G-Fee Quandary: Will Higher Prices Stimulate the Non-Agency Market?

September 19, 2014
Brandon Ivey
SIFMA did not take a stance on whether g-fees should be adjusted up or down. Instead, the trade group stressed that it is unclear how a change to g-fees would impact non-agency activity.
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Is ‘Disparate Impact’ a Valid Claim Under the Fair Housing Act?

September 18, 2014
George Brooks
According to the final rule that HUD adopted in February 2013, a practice has a discriminatory effect on a protected class if HUD or a private plaintiff can establish liability under the statute, even if there is no intent to discriminate.
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Supreme Court Preparing to Hear Cases Involving DOL’s Overtime Guidance for Loan Officers

September 18, 2014
The U.S. Supreme Court is set to hear cases in its coming term regarding guidance issued by the Department of Labor involving overtime pay for loan officers. Oral arguments are scheduled for Dec. 1, and a decision is expected by June. The cases are Perez v. Mortgage Bankers Association and Nickols v. Mortgage Bankers Association. The MBA has argued that the DOL didn’t follow rulemaking procedures in 2010 when the regulator withdrew guidance stating that loan officers could be exempt from overtime compensation requirements under the Fair Labor Standards Act. Lenders have received...
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IL Court’s Narrow Ruling in Disparate-Impact Case Allows DC Court to Focus on Bigger Picture

September 18, 2014
An Illinois district court’s decision that federal preemption issues are not ripe may now prompt a federal district court in Washington, DC, to examine the broader issue of whether disparate impact is a valid claim under the Fair Housing Act. The Illinois lawsuit, Property Casualty Insurers Association of America v. U.S. Department of Housing and Urban Development, is one of two insurance-industry legal challenges to HUD’s disparate-impact rule. The second case was filed by two other trade groups, the American Insurance Association and the National Association of Mutual Insurance Companies, and is pending in federal court in the nation’s capital. According to the final rule that HUD adopted in February 2013, a practice has...
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Experts Say Tougher Legal Liability Under TILA Is One of the Treacherous Shoals Awaiting Under TRID

September 18, 2014
Among the many challenges associated with the Consumer Financial Protection Bureau’s pending integrated disclosure rule is expanded legal liability for lenders based on the more threatening Truth in Lending Act, as opposed to the more palatable liability framework of the Real Estate Settlement Procedures Act. During a webinar sponsored last week by Inside Mortgage Finance, Rich Horn, a partner with the Dentons law firm and one of the architects of the rule while a regulator at the CFPB, noted there is no private right of action for integrated disclosures under RESPA. On the other hand, with TILA liability, “there is...
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Homewood Mortgage Rolls Out Stated-Income Jumbo Product, with Some Strings Attached

September 18, 2014
Brandon Ivey
On its stated-income product, Homewood requires a minimum of three months of bank statements for both business and personal assets.
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Supreme Court Prepares to Hear ‘Guidance’ Cases Tied to LO Overtime

September 18, 2014
Brandon Ivey
The MBA argued that the DOL didn’t follow rulemaking procedures in 2010 when the regulator withdrew guidance stating that loan officers could be exempt from overtime compensation requirements...
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Short Takes: New Hampshire Nonbank About to be Sold / PE Firms Like Hard Money, Crowdfunding, P2P / Are Commercial Banks Toast? / Virginia Sues Wall Street Over PLS / Great Scot! Who Gets the RBS Liability?

September 17, 2014
Paul Muolo
Although there appears to be strong interest these days in mortgage banking firms, the outlook isn’t particularly bright for commercial banks.
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