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Inside the CFPB
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Agencies Finalize Exemptions to HPML Appraisal Requirements

December 16, 2013
The CFPB and five other federal financial regulatory agencies issued a supplemental final rule last week that creates exemptions from certain appraisal requirements for a subset of higher-priced, higher-risk mortgage loans. The final rule provides that loans of $25,000 or less and certain “streamlined” refinancings are exempt from the Dodd-Frank Act appraisal requirements, which go into effect on Jan. 18, 2014. In addition, the final rule contains special provisions for manufactured homes, which can present unique issues in...
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Surprise: FHFA Seeks Public Comment on Lower GSE Loan Limits; Is Six Months Enough Time?

December 16, 2013
Paul Muolo
Among other things, the FHFA wants to know if six-months is adequate time for lenders and servicers to make the changes to their technology systems.
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Worth Noting/Looking Ahead

December 16, 2013
Bureau Updates its Mortgage Rules Readiness Guide. Last week, the CFPB released updates to its Mortgage Rules Readiness Guide in connection with the new mortgage regulations issued in January 2013 and amended through Oct. 15, 2013. The update offers financial institutions and other industry participants guidance on how to evaluate their readiness for complying with the 2013 mortgage rule changes. The updated guide incorporates changes made to Regulation Z, the implementing regulation for the Truth in Lending Act, and to...
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FHA Loan-Limit Reduction Could be Bad for Hundreds of Counties

December 13, 2013
John Bancroft
During the first half of 2013, only about $2.05 billion of FHA loans exceeded $625,500, or about 1.5 percent of FHA business, according to Inside Mortgage Finance.
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Under New FHFA Director Watt, CSP Progress Will Continue But It May Not be a Pet Project

December 13, 2013
The fledgling common securitization platform project isn’t likely to get off course under new Federal Housing Finance Agency Director Mel Watt, but it probably won’t be the new regulator’s pet project either, according to industry advisors and investment bankers tracking the CSP’s trajectory. One thing is certain though: Watt – approved by the Senate just this week – is so new to the job that he’s not likely to make any major speeches or policy statements about the project until sometime in January, at the earliest. Industry officials note...
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Demonstration of Compliance with QM, ATR Requirements Seen as Key for MBS Issuers

December 13, 2013
The rating services will put an emphasis on documentation of compliance with requirements for qualified mortgages and new ability-to-repay provisions. Credit-enhancement requirements appear as though they will be unchanged for the majority of jumbo MBS issued beginning in 2014, though issuers might have to make adjustments to prove to the rating services that they are compliant with new requirements from the Consumer Financial Protection Bureau. “Since most of what is being originated today already meets the standards of the rules, DBRS believes that the real challenge lies in unequivocally demonstrating QM and ATR compliance to the market and establishing confidence in the soundness of the systems and procedures that will be used to determine and ensure compliance,” DBRS said. The rating service recently released...
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REIT MBS Holdings Continue Declining in Third Quarter, But Non-Agency Portfolio Was Up

December 13, 2013
Real estate investment trusts that focus on investing in MBS held a combined $306.3 billion of mortgage securities in portfolio at the end of the third quarter, according to a new Inside MBS & ABS analysis. That total was down 6.4 percent from the end of June, as the industry has lost nearly all of the huge volume of MBS that were acquired in early 2012. At the end of 2011, REITs held $297.5 billion of MBS and over the next six months grew their combined portfolio by $76.7 billion, reaching a record $375.2 billion at the midway point in 2012. It’s been...[Includes one data chart]
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ACLU Files FOIA Suit in Search of Proof that FHFA Colluded with Industry to Stop Eminent Domain

December 13, 2013
The American Civil Liberties Union and the Center for Popular Democracy have filed a lawsuit under the Freedom of Information Act to compel the Federal Housing Finance Agency to provide details about its efforts to block municipalities from using eminent domain to prevent foreclosures. Filed in the U.S. District Court for the Northern District of California, the lawsuit seeks information regarding the FHFA’s relationship with big banks and MBS investors and whether such interests influenced the agency’s opposition. The suit was filed on behalf of community housing advocates in California, New Jersey and New York. Certain municipalities with large African-American and Latino populations, including Richmond, CA, and Irvington, NJ, are considering...
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Risk-Retention Rule Not an Immediate Priority For Federal Agencies, Reg AB2 Likely Soon

December 13, 2013
The next action on risk-retention standards required by the Dodd-Frank Act could be more than a year away, according to agendas recently released by federal regulators. Meanwhile, new disclosure requirements for MBS and ABS could be released soon by the Securities and Exchange Commission. Federal regulators listed risk-retention requirements as a “long-term action” on their fall regulatory agendas, with no indication of when the next action will be taken or what that action might be. The comment period on a revised proposal for risk-retention requirements closed...
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Here’s How to Exclude Affiliate Fees From the 3 Percent Cap Under QM

December 13, 2013
Thomas Ressler
“There has been significant industry confusion concerning the extent to which affiliate fees are included in the points-and-fees calculation, particularly when only a portion of a fee is retained by an affiliate,” the Mortgage Bankers Association said.
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