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Inside the CFPB
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Will Watt Reverse DeMarco’s New 10 BP G-Fee Hike? LLPAs in Play?

December 10, 2013
Paul Muolo and Charles Wisniowski
Guaranty fees are going up next year, but with a new FHFA director set to take over, loan level price adjustments may be altered.
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Short Takes: Large Bank Selling $40B of MSRs / Former FBR Chief Eyeing Servicing Rights / Don’t Tread on our G-Fees / National MI Offers Rescission Relief / Ocwen Clarifies Position on Nonprime Production and QM

December 10, 2013
Brandon Ivey, Paul Muolo, and Charles Wisniowski
Although there are only a few weeks left in 2013, a few large mortgage servicing deals may get done yet.
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ACLU Demands Records from FHFA Concerning Eminent Domain

December 9, 2013
Charles Wisniowski
The liberal-leaning ACLU thinks troubled mortgagors are getting the shaft from the Federal Housing Finance Agency.
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Short Takes: Happy Holidays From Ocwen: You’re Fired / But Churchill Mortgage is Hiring / Radian Writes $3 Billion in New Business / PNC Settles with Freddie Mac / MSRs Save the Day at Independents

December 9, 2013
Paul Muolo, Thomas Ressler, and Charles Wisniowski
While Ocwen Financial is laying off staffers, other firms are hiring, including Churchill Mortgage of Brentwood, TN.
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FHFA Unveils G-Fee Hike of 10BPs, Effective March 1 For Cash Deals, April 1 for MBS

December 9, 2013
Paul Muolo and Charles Wisniowski
With the increase, the average g-fee for new loans will be in the range of 60 basis points. But there is some good news: FHFA said it would eliminate the up-front “adverse market” fee of 25 bps assessed on all but the four states “whose foreclosure carrying costs are more than two standard deviations greater than the national average.”
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It’s Official: FHA Loan Limit Will Fall to $625,500 on January 1

December 9, 2013
Paul Muolo
Borrowers with existing FHA-insured mortgages may continue to utilize the agency’s streamline refinance program regardless of their loan balance. The current cap of $271,050 for “low cost” areas will remain unchanged.
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New Ability-to-Repay Requirements, Assignee Liability Could Mean Increased Losses on Non-Agency MBS

December 6, 2013
Ability-to-repay requirements set by the Consumer Financial Protection Bureau could increase losses, liquidation timelines and loan modifications for non-agency MBS, according to Standard & Poor’s. The new requirements take effect Jan. 10 and include assignee liability for certain loans. Liability from the ATR requirements and qualified-mortgage standards are only a concern for non-agency MBS issuers and investors if a borrower defaults. Given the exceptionally strong performance of jumbo MBS issued since 2010, S&P said the threat of higher losses will generally be mild for jumbo MBS. However, performance could eventually decline...
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Federal Judge Approves ResCap’s Settlement of FHFA MBS Claims; Bankruptcy Could Close by Year’s End

December 6, 2013
A Manhattan federal judge last week approved a proposed settlement by bankrupt Residential Capital with the Federal Housing Finance Agency to resolve billions of dollars in claims tied to toxic MBS sold to Fannie Mae and Freddie Mac during the run-up to the financial crisis. Judge Martin Glenn of the U.S. Bankruptcy Court for the Southern District of New York approved the agreement, which is tied to a settlement the FHFA reached with Ally Financial, ResCap’s former parent, in late October. Under the agreement, the FHFA will receive...
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CFPB Nonbank Student-Loan Servicer Rule Unlikely To Have Much Effect on Secondary Market, For Now

December 6, 2013
Earlier this week, the Consumer Financial Protection Bureau issued a final rule that allows the bureau to supervise for the first time the nonbank servicers of private and federal student loans that qualify as “larger participants” in the student-loan servicing market. With an emphasis on supervision, the rule is not expected to have much of an initial effect upon the secondary market for student loans. But the CFPB’s expanding role into the sector could change that, especially if there is a crisis in student-loan lending. The bureau’s new rule defines...
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FINRA Proposes Rule Change for TRACE Reporting And Dissemination of Rule 144A, Other ABS Deals

December 6, 2013
The Financial Industry Regulatory Authority, an internal cop for the U.S. securities industry, has proposed a narrower definition of “asset-backed security” to facilitate the reporting of certain transactions, including Rule 144A ABS transactions, to the group’s disclosure system. The new redefined ABS category would apply to a broad group of securities, including ABS pools backed by credit-card receivables, student loans, auto loans and other products and instruments that currently fall under the ABS umbrella. The proposed changes concern required reporting to FINRA’s Trade Reporting and Compliance Engine. Under FINRA’s proposal, ABS is...
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