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Home » Topics » Inside the CFPB » Regulation

Regulation
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As Rates Hit New Lows, Demand for Warehouse Financing Grows, Concerns About MSR Marks

July 7, 2016
Warehouse lenders that supply credit to nonbank originators have seen usage rates and new line requests increase significantly in the past few weeks, thanks in part to plunging interest rates brought about by the “Brexit” vote. David Frase, president of warehouse lending for Southwest Bank, said, “Any warehouse bank that isn’t seeing record volume is probably malfunctioning in some way. We’ve been pretty darn busy.” Other warehouse managers have reported...
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Compliance Pros Provide Tips on How Lenders Can Stay Clear of RESPA, LO Comp Violations

July 7, 2016
Mortgage lenders’ compliance personnel not only need to help their companies navigate all of the external regulations and laws imposed by federal and state policymakers, they also face challenges internally from representatives of various business lines in their own shops that inadvertently complicate their mission as professionals – particularly when it comes to loan originator compensation issues. “Dodging the land mines. That’s really how I think about this as a practitioner,” Loretta Salzano, founding partner at the Franzén and Salzano law firm in suburban Atlanta, said during a presentation at the American Bankers Association’s regulatory compliance conference, held last month in San Diego. She elaborated...
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FHFA Provides More Details on GSE Risk- Transfer Programs, Calls for Industry Input

July 1, 2016
The Federal Housing Finance Agency this week revealed estimates of how much it costs Fannie Mae and Freddie Mac to issue their popular credit-risk transfer debt notes, as well as more information on the kinds of investors that have been buying them. In addition to a report on the existing credit-risk transfer activities of the two government-sponsored enterprises, the FHFA also formally soliciting input on further development of the program, including the ongoing interest in so-called front-end CRT options. The FHFA’s cost estimates referred...
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Regulators Express Anxiety About Nonbank GNMA Issuer/Servicers, Question MBS Advance Capability

July 1, 2016
At the recent invitation-only Ginnie Mae “liquidity summit” in Washington, DC, some of the nation’s top regulators – including one from the Federal Reserve – expressed their concerns about the growing market share of nonbank issuers and servicers. The focus, as might be expected, centered on the capital position of nonbanks, which pales in comparison to depositories. As one attendee told Inside MBS & ABS: “It was all about bashing the nonbanks.” This attendee, who spoke under the condition his name not be used, said...
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SCOTUS Refuses Case Involving Nonbanks and Preemption Of State Laws, Causing Uncertainty for Secondary Market

July 1, 2016
Pleas from the securitization industry for the Supreme Court of the United States to hear an appeal of Midland Funding v. Madden were rejected this week, prolonging uncertainty in sectors of the secondary market. SCOTUS may still consider the issue at some point going forward, according to analysts, providing hope for the industry. Richard Johns, executive director of the Structured Finance Industry Group, said the denial of certiorari for Madden will result in significant challenges for borrowers of credit cards, mortgages, auto loans and other financial products. “The injection of uncertainty into the credit markets will ultimately increase the cost of credit for all and directly impact the real economy,” he said. The Madden case involved...
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Fitch Updates Residential MBS Rating Criteria to Include TRID Due Diligence Grades, Deal Agents

July 1, 2016
Fitch Ratings published updated criteria this week for rating residential MBS. The new criteria include adjustments to due diligence grades relating to the Truth in Lending Act/Real Estate Settlement Procedures Act disclosure rule and evaluations of firms serving as a deal agent. Fitch said the new criteria include a “realignment” of items that prompt C grades and D grades on mortgages reviewed by third-party due diligence firms. The changes incorporate the Structured Finance Industry Group’s recently issued RMBS 3.0 TRID Compliance Review. The rating service acknowledged...
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SEC Approves FINRA Margin Rule With the Addition of a Mortgage Banker Exemption

July 1, 2016
Mortgage bankers that trade in the to-be-announced MBS market will be exempt from the initial margin requirements associated with the Financial Industry Regulatory Authority’s revised Rule 4210, which was approved by an order of the Securities and Exchange Commission last week. Under the rule, as amended now three times by FINRA, market participants who trade TBAs will have to post an initial “maintenance” margin of 2 percent of net position size, along with an on-going variation margin, which will be subject to a $250,000 minimum transfer amount. However, the SEC order provided...
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Court Releases More Documents, Including Former Treasury Official Deposition, in GSE Shareholder Case

July 1, 2016
Several more court documents were released over the past week that offer additional details into the circumstances surrounding the Treasury Department’s decision to replace the quarterly dividend Fannie Mae and Freddie Mac had been paying in conservatorship with a net worth sweep. Industry observers say the new memos and deposition transcripts reinforce the notion that the government had been planning the sweep for a while before it was implemented in late 2012. The government-sponsored enterprises’ shareholders have been challenging...
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Falling Rates in a Post ‘Brexit’ World Lead to Rally in Agency MBS Prices; But Will Cooler Heads Send Rates Rising Again?

July 1, 2016
Since the United Kingdom voted to leave the European Union a week ago, interest rates in the U.S. have been steadily falling, causing a rally in MBS prices. According to market watchers, Fannie Mae/Freddie Mac MBS values for new securities haven’t been this good since January 2015. Meanwhile, mortgage rates touched a three-year low the past few days with some primary market lenders making new loans at 3.25 percent and no points. As Inside MBS & ABS went to press, the benchmark 10-year Treasury was yielding...
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Brexit’s Double-Edged Sword: Rising Refis, Margin Calls and Servicing Write-downs

June 30, 2016
Thanks to last week’s “Brexit” vote in the U.K. interest rates in the U.S. are tumbling again, reaching new lows for the year. In turn, lenders are celebrating the increased flow of applications while the servicing side of their businesses prepares for the worst. For servicers – especially publicly traded companies – there is a palpable fear of deep mortgage servicing rights markdowns that almost certainly will affect second-quarter results. And the timing couldn’t be worse: the rate drop comes with no room left for recovery. The second quarter has ended. Over the past year, several publicly traded mortgage firms – Ocwen, PHH Corp., Stonegate Mortgage and Walter Investment Management Corp., to name a few – have been...
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