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Inside the CFPB
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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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What We’re Hearing: Fannie and Freddie to Merge? / Revive FM Watch? / FHA Will Soon be Plush With Cash? / Happy Holidays From EverBank: You’re Fired / Bank Regulators Say Chillax on the QM

December 13, 2013
Paul Muolo
From what we understand, some GSE employees with MBS backgrounds are eagerly volunteering their services to the CSS project, believing that the “end product,” the MBS, is where the future lies.
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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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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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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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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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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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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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Servicing Market Begins Growing For First Time Since Housing Collapse, Agencies Lead the Way

December 12, 2013
In the third quarter of 2013, the level of home-mortgage debt outstanding grew for the first time since early 2008 as the housing industry continued to climb out of the crater. The Federal Reserve this week announced there was $9.864 trillion of single-family mortgages outstanding at the end of September, a tiny 0.1 percent increase from the previous quarter. But after four and half years of decline, the gain seemed monumental. The central bank noted that all the increase was in first mortgages, while the supply of home-equity loans outstanding continued to shrink. Servicing attached to Ginnie Mae, Fannie Mae and Freddie Mac programs continued...[Includes one data chart]
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HUD Approves Final QM Rule for FHA Loans With No Major Changes

December 12, 2013
The Department of Housing and Urban Development this week issued a final rule implementing a qualified-mortgage standard for FHA loans that is essentially unchanged from the agency’s first proposal issued in late September. HUD determined that it had to tweak the calculation of points and fees that is in the Consumer Financial Protection Bureau’s QM rule so that a large number – about 19 percent – of FHA forward mortgages will be classified as QMs. The final HUD rule establishes two categories of FHA qualified mortgages: safe-harbor QMs and rebuttable-presumption QMs. FHA forward mortgages will be considered...
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