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New RESPA-TILA Rule is Here – But Implementation May Not be Easy

November 21, 2013
Thomas Ressler
Mortgage industry officials note that the size and complexity of the disclosure rules and other regulations taking effect in January will cause huge operational and system challenges.
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Lenders Catch a Break as CFPB Issues Mortgage Disclosure Rule With 20-Month Phase-in Period

November 21, 2013
Mortgage lenders will have until Aug. 1, 2015, to implement the new integrated mortgage-disclosure forms and related rule issued by the Consumer Financial Protection Bureau this week. The new forms will replace the existing federal disclosures under the Real Estate Settlement Procedures Act and the Truth in Lending Act. Bureau officials hope they will help consumers better understand their options, choose the deal that’s best for them, and avoid costly surprises at closing. The new, three-page loan estimate form will be provided...
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More Hedge Funds Expected to Place Bets on Fannie and Freddie Common and Preferred

November 21, 2013
Private-equity firms such as Pershing Square Capital Management and Fairholme Funds are gobbling up the common and preferred shares of Fannie Mae and Freddie Mac, a trend that may continue as long as the two stay profitable and Congress dithers with how to end their conservatorships. “There’s some value there,” said Brian Harris, a senior analyst with Moody’s Investors Service. “The hedge funds believe the two will continue to earn money.” Industry observers who closely follow the government-sponsored enterprises predict...
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CBO: Increasing GSE G-Fees, ‘Incrementally’ Reducing Loan Limits Could Save Government $20B Over Decade

November 21, 2013
Increasing Fannie Mae and Freddie Mac guaranty fees, as well as “incrementally” reducing the government-sponsored enterprises’ loan limits throughout the next decade, would save the government approximately $20 billion, according to the Congressional Budget Office. In a report published last week, the CBO projected the budgetary savings that would occur under two proposals. “By CBO’s projections under current law, the mortgage guaranties that the GSEs issue from 2015 through 2023 will cost the federal government $22 billion,” noted the report. “That estimate reflects the subsidies inherent in the guaranties at the time they are made.” Under one scenario, the average GSE guaranty fee would increase...
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Short Takes: If Watt Doesn’t Make It, There’s Always Gene / Interthinx Sees Fraud Risk on Jumbos / A FHFA-Like Regulator Could Use More Powers / Carrington Expands Wholesale Reach / Liberty Home Tops HECM Lenders

November 21, 2013
George Brooks, Brandon Ivey, and Paul Muolo
Jumbo mortgages have a higher risk of fraud than conforming mortgages, according to a new report from Interthinx.
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Disparate Impact Enters Congressional Spotlight, and GOP Lawmakers May Target HUD, CFPB Policies

November 21, 2013
Republicans on Capitol Hill might be laying the groundwork for legislation that could scale back the application of the disparate impact theory of legal liability in mortgage lending. Currently, there is no active legislation to that effect pending in the U.S. House of Representatives or the Senate, and industry lobbyists said there is no such interest underfoot. But just the fact that the House Financial Services Subcommittee on Oversight and Investigations held a hearing this week on disparate impact in general had some Democrat supporters of the theory a bit anxious. “My hope is...
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CFPB Grants 20-Month Implementation on New Mortgage Disclosure Rule

November 20, 2013
Thomas Ressler
The CFPB has come up with a new three-page loan estimate form ("Ficus") that must be given to borrowers within three business days after they submit a loan application.
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With JPM MBS Settlement Done, is BofA Next?; Ranieri’s Firm Selene Gets a Subservicing Contract

November 20, 2013
Paul Muolo
Analysts commenting on the settlement note that while JPM did not admit any violations of law, it acknowledged in a “statement of facts” section that employees did not comply with company underwriting guidelines and representations.
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OIG: FHFA Needs Stronger Oversight of Fannie’s Short Sale Eligibility Determinations

November 20, 2013
Charles Wisniowski
Fannie Mae estimated that it incurred losses from short sales of the 10,310 non-owner occupied properties for 2012 totaling some $953.5 million.
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White House Won’t Sell MBS Guaranty Business of Fannie and Freddie

November 20, 2013
Paul Muolo
Speaking at a housing finance forum sponsored by the Urban Institute and CoreLogic, Gene Sperling, a White House economic advisor, said the Obama Administration believes the “risks are simply too great and that this would recreate the problems of the past.”
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