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Home » Topics » Inside the CFPB » Regulation

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Bank Holdings of Non-Mortgage ABS Continued to Fade, But the Market Itself Stalled in Third Quarter

November 23, 2016
Commercial bank and savings institution holdings of non-agency ABS fell again during the third quarter of 2016, marking the 11th consecutive quarterly decline in the industry’s investment in the sector, a new Inside MBS & ABS analysis of call-report data reveals. Banks and thrifts held $128.55 billion of ABS on their balance sheets at the end of September, down 1.9 percent from the previous quarter. The industry’s aggregate ABS portfolio was off 8.8 percent from the same point in 2015. The ABS market itself shrank...[Includes two data tables]
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Movement in Interest Rates Still Depends on Economic Data, Fed’s Yellen Tells Lawmakers

November 23, 2016
An increase in interest rates could take place “relatively soon,” if incoming economic data warrant it, Federal Reserve Chair Janet Yellen told members of Congress last week. Then again, maybe not. The Fed has held off...
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GSE Shareholder Case Attorney Details Plight of Fairholme in Ongoing Litigation

November 23, 2016
Fairholme Funds officials this week continued to press their case for restoring shareholder rights for private investors in Fannie Mae and Freddie Mac, expressing hope that the incoming Trump administration will be friendlier to their cause. In Fairholme Funds Inc. v. United States, et al, the plaintiffs argue that the net worth sweep imposed by the Treasury Department and Federal Housing Finance Agency was illegal and that the two government-sponsored enterprises were not in a “death spiral” at the time of the bailout as the government claims. During a conference call this week, Fairholme CEO Bruce Berkowitz said...
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President Trump Likely to Push Fed to Normalize; MBS, ABS, Credit Risk Transfers Also Affected

November 18, 2016
Investors are trying to make sense of the new political/economic landscape following the election of Donald Trump to be the next president, and how best to navigate his uncertain, and at times contradictory, signals during his campaign. Much of the conversation over the last week has focused on the likely effect the new regime will have on the Federal Reserve and its chair, Janet Yellen. Trump, who has been a fierce critic of the U.S. central bank, has indicated he won’t outright replace Yellen, but neither will he nominate her for a second term. And of course, what happens with the Fed will spill over, one way or the other, into the financial markets. “The Fed will normalize...
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Panelists Highlight Concern with Growing Fannie Mae, Freddie Mac Credit-Risk Sharing Program

November 18, 2016
The government-sponsored enterprises’ credit-risk transfer programs have been wildly popular with investors and many policymakers, but other industry observers see problems. One of the most outspoken critics is Tim Howard, a former Fannie Mae CFO, who sees a big difference between today’s CRT programs and the GSEs’ traditional method of laying off credit risk before they were taken into government conservatorship. “When I was at Fannie, the companies purchased...
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Mixed Signals on Demand for Non-QMs

November 18, 2016
Low mortgage interest rates appear to have contributed to a decline in applications for non-qualified mortgages at Impac Mortgage Holdings in the third quarter, according to officials at the nonbank. “A decline in mortgage interest rates generally increases the volume of conventional refinance products over non-QM loans,” Impac said in a quarterly filing to the Securities and Exchange Commission last week. Of the 58 banks that report to the Federal Reserve on the market for ...
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Income& Works to Expand Non-QM Investor Base

November 18, 2016
A start-up is working to allow retirees and other individual investors to buy into non-qualified mortgages, a market that so far has been dominated by hedge funds and other large institutional investors, along with occasional inclusion in non-agency mortgage-backed securities. Brad Walker, CEO of Income&, said the new platform offers an alternative to traditional fixed-income investments. He said Income& is trying to create a higher-yielding, lower-risk fixed-income instrument ...
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Contradiction Seen in Standards for Non-QMs

November 18, 2016
The Consumer Financial Protection Bureau’s recent actions against an unspecified number of lenders that offer non-qualified mortgages prompted some criticism about how the regulator enforces standards in the ability-to-repay rule. The CFPB cited lenders for originating non-QMs that allowed “alternative income documentation” for salaried borrowers. The CFPB said the products offered by the lenders relied primarily on the assets of each borrower when making an ATR determination ...
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Changes to QM Standards Possible Under Trump

November 18, 2016
The election of Donald Trump and Republican control of Congress could prompt changes to standards for qualified mortgages, according to industry analysts. QM standards were established by the Dodd-Frank Act in 2010 and took effect in 2014 as part of the Consumer Financial Protection Bureau’s ability-to-repay rule. Trump’s financial services policy implementation team said it will work to dismantle the DFA and “replace it with new policies to encourage economic growth and ...
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Around the Industry

November 18, 2016
Industry Groups Urge Congressional Leaders to Pass ‘Tax Extenders’ Legislation. Three industry groups called upon House and Senate leaders to pass “tax extenders” legislation, including two critical tax provisions that are scheduled to expire at the end of 2016. In a joint letter this week, the Mortgage Bankers Association, National Association of Realtors and the National Association of Home Builders called for the “rapid enactment” of a broad “tax extenders” package, including mortgage-debt forgiveness and tax deduction for mortgage insurance premiums. Passing a legislative package of tax extenders that includes the two provisions would provide much-needed certainty to the residential real estate markets, the letter said. Federal Agencies Propose Rule to Expand Access to Private Flood Insurance. Federal banking and credit union regulators and the Farm Credit Administration have published a ...
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