If mortgage lenders don’t have enough to worry about with six new major mortgage rules from the Consumer Financial Protection Bureau that all take effect in January, they also face a heavier Home Mortgage Disclosure Act reporting burden and perhaps a greater litigation threat from some developments at the bureau. Last week, as the Federal Financial Institutions Examination Council was releasing the 2012 HMDA data, the CFPB came out with a set of online HMDA tools to enable consumers to explore mortgage application and loan data at a local level. “Just as the real estate motto ‘location, location, location’ was...

Rates for non-agency MBS and consumer ABS are expected to trend lower after the Federal Open Market Committee pulled a fast one on Wall Street this week by contradicting an expected “tapering” of its asset purchase program. Instead, the nation’s central bank announced it was continuing its ongoing purchases of $40 billion worth of agency MBS per month and $45 billion in longer-term Treasury securities. Prior to the FOMC’s meeting this week, the consensus view was that the Federal Reserve would pare monthly purchases of Treasury bonds by $10 billion and agency MBS by $5 billion beginning in October, according to analyst Isaac Boltansky at Compass Point Research & Trading LLC. “The housing sector has been...

Lenders and issuers already comply with most of the requirements in the recently re-proposed rule on risk retention as well as the disclosure standards under the proposed revision to Regulation AB, according to a former Treasury Department official. Darius Kingsley, currently a managing director and co-general counsel at JPMorgan Chase and former chief of Treasury’s homeownership preservation office, said the risk-retention rule will likely prompt increased issuance of non-agency MBS. “I think it’s...

Real estate investment trusts that focus on investing in residential MBS continued to see declines in their portfolios during the second quarter, but their earnings outlook may have improved somewhat this week, analysts say. Residential mortgage REITs held a combined $327.3 billion of single-family MBS as of the end of the second quarter, according to a new market analysis by Inside MBS & ABS. That was down 5.4 percent from the previous quarter, and it was the third straight quarterly decline since REIT MBS holdings reached a high of $374.2 billion in September 2012. REIT MBS holdings are...[Includes one data chart]

The Department of Housing and Urban Development has issued a final rule aligning its streamlined reporting requirements for small lenders with those of federal banking regulators. HUD’s regulations currently require all supervised lenders and mortgagees, regardless of their asset size, to submit annual audited financial statements as a condition of FHA lender approval and recertification. Federal banking regulators, on the other hand, do not require their “small supervised lenders” to submit audited financial statements, but allow them to submit unaudited financial regulatory reports. Unaudited financial reports include a ...

Late last week, the Consumer Financial Protection Bureau finalized revisions to some of its 2013 mortgage rules slated to take effect in January – mostly mortgage servicing and loan originator compensation regulations – whether the industry is ready or not. The amendments and clarifications that the bureau proposed in June – and now finalized via a final rules on Sept. 13 – include a number of changes sought by various industry groups. There were no big surprises between June and September, but some overlooked details, one of which was the CFPB determining that seller-paid points can be excluded from the 3 percent points-and-fees test for qualified mortgages under its ability-to-repay rule. “Seller’s points...are excluded...

Mortgage lenders reported originating $2.01 trillion in home-purchase and refinance mortgages during 2012, a 43.7 percent increase from the prior year, according to a new Inside Mortgage Finance analysis of Home Mortgage Disclosure Act data released this week. Because HMDA data typically capture a relatively small share of home-equity originations and some small lenders don’t report at all, the total originations number for last year was somewhat higher. Interestingly, the origination volume grew...[Includes one data chart]

A number of lenders in July stopped offering mortgages with characteristics outside of those allowed for qualified mortgages, according to the Mortgage Bankers Association. The MBA said credit availability declined in August after four months of loosening. “The slight decline in the Mortgage Credit Availability Index in August reflected a reduction in the availability of certain loan features, particularly interest-only and terms exceeding 30 years,” said Mike Fratantoni, the MBA’s vice president of research and economics. “As these loan features are outside of the QM definition, these changes may reflect the beginning of QM implementation, and the fact that Fannie Mae and Freddie Mac are limited to acquiring loans that meet the QM definition.” The MCAI is...

Securities issuers won a major victory as the revised proposed rule on risk retention issued by federal regulators last week removed the requirement for a premium capture cash reserve account. The highly controversial PCCRA was replaced with a fair value calculation requirement for retention which regulators said will increase the value of retained risk compared with the original proposal. “The ASF is extremely pleased to see the elimination of the premium capture cash reserve account provisions from the re-proposed rule,” said Tom Deutsch, executive director of the American Securitization Forum. “The provisions would have completely eliminated the economic incentives of securitizers to issue residential MBS and commercial MBS.” The original proposal generally measured...

Revised risk-retention requirements proposed last week by federal regulators for certain non-mortgage ABS and commercial MBS are somewhat looser than the standards initially proposed in 2011. Perhaps most significantly, “blended pools” would be allowed for commercial mortgages, commercial real estate loans and auto loans, allowing issuers to mix qualifying loans and non-qualifying loans in the same security. Securitized loans that don’t meet qualifying underwriting standards will be subject to the 5 percent risk retention as required by the Dodd-Frank Act. Blended pools would be eligible for reduced risk retention, as low as 2.5 percent. “The agencies believe...