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Inside the CFPB
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Court Unseals Whistleblower Suit Against Moody’s; NY Court Dismisses FDIC Lawsuit Versus Banks

September 12, 2014
A former analyst at Moody’s Ratings has accused the credit rating agency of complicity in the financial meltdown in 2008, while a federal judge in Texas dismissed a government lawsuit against major banks involving non-agency MBS because it was filed too late. In his 2012 whistleblower lawsuit against Moody’s, Ilya Kolchinsky, a former analyst with the firm, alleged that the rating service issued inflated ratings, often “Aaa,” to most risky residential MBS and collateralized debt obligations it reviewed from 2004 to 2007. The lawsuit was brought...
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Industry Analysts Think Treatment of CMOs Under New Liquidity Rules Will Trace Underlying Collateral

September 12, 2014
MBS industry observers had hoped that federal banking regulators would clear up any confusion about the treatment of collateralized mortgage obligations and real estate mortgage investment conduits when they finalized new liquidity coverage ratio rules last week. The regulators gave some hints, but did not spell out a position. The rubber will meet the road when examiners start going over individual banks’ portfolios for compliance with the LCR rule, which requires banks to maintain sufficient quantities of highly liquid assets to meet their cash needs in a financial emergency. The final rule classifies...
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Ranieri, Goodman Laud FHFA’s Plan for ‘Single Security,’ But Urge Agency to Arrive at the Goal Sooner

September 12, 2014
Charles Wisniowski
Ranieri and Goodman are worried that the creation of a single GSE security could morph into a drawn out and multi-year process.
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MI Firms Aren’t the Only Ones That Want Changes to FHFA ‘Eligibility’ Rules

September 12, 2014
George Brooks
As written, the proposed rules from the FHFA could cause mortgage insurance premiums to spike.
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What We're Hearing: A Mortgage M&A (Mini) Tidal Wave? / A Vendor Shakeup as Well? / 34 LOS Vendors? / It’s Hard Breaking Into Subservicing / Walter, the Best of the Three / The CFPB Wasn’t Even There!

September 12, 2014
Paul Muolo
The days of the megabanks – Wells Fargo, JPMorgan Chase and Bank of America – buying mortgage companies (of any size) are over. Never again. Right?...
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FHFA Proposes Booting REITs From FHLBanks

September 12, 2014
The few real estate investment trusts that currently have access to advances from the Federal Home Loan Banks would lose their ability to tap the attractive funding source under a proposal last week from the Federal Housing Finance Agency. The FHFA said the proposed rule is necessary because REITs with captive insurance companies pose risks to the FHLBank system. “FHFA is taking these actions to address supervisory concerns about certain institutions that are ineligible for FHLBank membership, but that are using captive insurers as vehicles through which they can obtain FHLBank advances to fund their business operations,” the federal regulator said.
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Servicers’ HAMP Performance Slipping

September 12, 2014
Servicer performance in the Home Affordable Modification Program is at one of the lowest levels in the five-year history of the loss mitigation program, according to the Treasury Department and the Special Inspector General for the Troubled Asset Relief Program. Last week, the Treasury revealed that four of the seven largest servicers participating in the non-agency portion of HAMP need at least moderate improvement. CitiMortgage was ranked the lowest among the large servicers and will have its HAMP incentive payments withheld by the Treasury until the servicer’s performance improves.
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News Briefs

September 12, 2014
S. 1217, the Housing Finance Reform and Taxpayer Protection Act of 2014, would decrease federal deficits by a total of $58 billion from 2015 to 2024, according to the Congressional Budget Office. The Senate Committee on Banking, Housing, and Urban Affairs approved the legislation to reform the government-sponsored enterprises earlier this year but the full Senate has yet to consider the bill and there is little support for the legislation in the House.
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Obama to Seek Solutions to Credit Access

September 12, 2014
Obama will meet with top banking executives and industry trade groups on Sept. 17 to explore potential solutions to lender overlays and other problems that hinder first-time homebuyers and other qualified borrowers from obtaining an FHA or conventional mortgage. The meeting is expected to touch on key lender issues, including credit overlays, government enforcement actions, regulatory burden and risk-based versus FHA pricing. Lenders say they are willing to originate single-family mortgages to qualified borrowers and first-time homebuyers but they feel the post-crisis environment has turned hostile against them. Repurchases and indemnifications have dampened their willingness to lend to moderate- and lower-income borrowers, they admit. Regardless of policy changes designed to increase lending in the lower credit score range (620 to 679), FHA enforcement actions to ...
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MMIF in Negative Cash Flow in 2Q14, Says Report

September 12, 2014
The FHA Mutual Mortgage Insurance Fund account balances fell by $0.5 billion during the second quarter of 2014 to $45.3 billion due to higher claim payments and property expenses. Observers, nonetheless, remain optimistic the fund will return to full stability in 2015 with no further change in the mortgage insurance premium charged to borrowers. The MMIF’s total balances peaked at $48.4 billion in the third quarter of 2013 and then slipped gradually over the last three quarters, according to data in the FHA’s latest report to Congress regarding the financial health of the Mutual Mortgage Insurance Fund. Total revenues from premium collections, property sale, and note sale proceeds were $4.3 billion, while $5.1 billion was paid to cover claims and property expenses in the second quarter. This resulted in a negative$821 million cash flow in the quarter, the smallest outflow since ...
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