Seven marketplace lending securitizations with a total issuance of $3.0 billion came to market during the first quarter of 2017 – a quarterly record, according to a new report by PeerIQ, a New York-based data provider and risk-analysis firm for the peer-to-peer lending industry. Total securitization issuance to date now stands at $18.0 billion, with 80 deals issued so far (48 consumer, 22 student, one mortgage and nine small and medium-sized enterprises) since September 2013, the PeerIQ analysts said. Also, the trend towards rated deals and larger transactions continued...

The Mortgage Bankers Association, this week, released more details in conjunction with its GSE reform proposal published earlier this year. Expanding on some of the concepts presented in January, the MBA paper includes more detailed end-state reform recommendations including elaborating on the transition plan. The trade group’s approach for reforming Fannie Mae and Freddie Mac calls...

Most of the provisions of the Home Mortgage Disclosure Act final rule the Consumer Financial Protection Bureau promulgated back in 2015 won’t take effect until January 2018, and already the agency is proposing a host of clarifications, technical corrections and minor changes with the stated goal of fostering lender compliance. Among the suggested alterations to the CFPB’s proposed rule, issued last week, is the clarification of certain key terms, such as “temporary financing” and “automated underwriting system.” The proposal also would establish...

Many borrowers could have seen significant savings on the interest rate on a mortgage if they shopped around, according to a working paper published by the Consumer Financial Protection Bureau’s Office of Research. The bureau economists noted that close to half of consumers didn’t shop before taking out a mortgage, based on the National Survey of Mortgage Originations, a representative survey conducted by the CFPB and the Federal Housing Finance Agency. And only 16.0 percent of borrowers considered three or more lenders before obtaining a mortgage. The economists said...

Small banks reduced the share of non-qualified mortgages they originated in 2016, but some nonbanks are expected to significantly increase their activity in the sector. Non-QMs accounted for 9.0 percent of the mortgages originated by participants in the American Bankers Association’s annual real-estate lending survey. Some 159 banks were surveyed by the trade group and about 76.0 percent of the participating institutions had assets of less than $1.0 billion. In 2015 ...

A steep drop in VA-backed securities issuance in the first quarter of 2017 suggests that Ginnie Mae’s efforts to curb serial refinancing of VA loans are working, according to agency officials. Speaking on a panel at the annual VA Lenders Conference in Kansas City, MO, this week, Ginnie executives said that a change in pooling requirements for streamlined refinance mortgages appears to have curbed a destructive appetite for refinancing new VA loans within six months of closing. The practice has caused faster prepayments in Ginnie mortgage-backed securities pools and smaller payouts to investors. VA refi volume fell 42.7 percent from the previous quarter (see chart on page 2), contributing significantly to the 32.2 percent decline in total VA loan securitization during the period. John Getchis, senior vice president at Ginnie Mae, said he does not think the churning trend will continue because the ...

Well, the good news for the mortgage industry is that someone finally got around to talking about the Real Estate Settlement Procedures Act when it came time to file another brief in PHH Corp. v. CFPB. But the bad news: It was the CFPB, and it doubled down on the main arguments it made the first time around, reaffirming its controversial interpretation. The CFPB insisted Director Richard Cordray correctly interpreted the act. First, the agency said PHH’s “kickback scheme” violated RESPA. The interpretation of RESPA by the three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit was incorrect, said the CFPB. “Its crucial error was holding that the meaning of section 8(c)(2) of RESPA – in ...

Three financial regulation scholars told the U.S. Court of Appeals for the District of Columbia Circuit that the CFPB is a highly accountable agency when looked at in its entirety. Making that argument in a friend of the court brief in PHH Corp. v. CFPB were two law professors, Michael Barr at the University of Michigan Law School and Adam Levitin at Georgetown University Law Center, along with Deepak Gupta, founding principal of the Gupta Wessler law firm in Washington, DC. Gupta was senior litigation counsel and senior counsel for enforcement strategy at the CFPB back in the days when Elizabeth Warren was setting up the fledgling agency. “Viewed holistically, the CFPB is a highly accountable agency,” the trio said....

In another unusual, unexpected development in the legal wrangling between the CFPB and PHH Corp. over alleged violations of the Real Estate Settlement Procedures Act, the U.S. Department of Justice, now under the direction of the Trump administration, has asked permission of the court for a few minutes of its time to present its case. Oral arguments in the case, before the U.S. Court of Appeals for the District of Columbia Circuit, are scheduled for May 24, 2017. The court has allocated 30 minutes per side for arguments. In an unopposed brief filed earlier this month with the USCA, the DOJ asked for 10 minutes of argument time. “The United States agrees with petitioner PHH Corp. that the for-cause removal ...

More changes, or at least additional guidance, may be in the offing for the pending Home Mortgage Disclosure Act rule from the Consumer Financial Protection Bureau that is scheduled to take effect next year, agency Director Richard Cordray said last week during an appearance on Capitol Hill. During a hearing of the House Financial Services Committee, Rep. Brad Sherman, D-CA, pointed out, “Studies have shown that in some geographic areas, it is possible to determine the identity of nearly 100 percent of the borrowers using the data that lenders are required to collect and report by the Home Mortgage Disclosure Act. This is despite the fact that that act supposedly provides for anonymous data in its final form.” Sherman also ...