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Home » Topics » Inside the CFPB » Regulation

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Warehouse Sector Remained Strong in 1Q, But Concerns About Next Year Surfacing

May 30, 2013
Warehouse lenders that finance nonbank mortgage firms continue to report strong commitment volumes and usage rates, but there is an underlying fear that the good times won’t last forever. Nevertheless, that’s not stopping their telephones from ringing. “We’re seeing more requests for increases in lines than decreases,” said a senior manager who spoke under the condition his name not be used. “Most of our lines are holding steady.” Bob Garrett, executive vice president of mortgage warehouse lending at First Tennessee Bank, said...[Includes one data chart]
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Price of GSE Stock Keeps Rising, Consumer Advocate Nader Demands ‘Protection’ for Common Shareholders

May 30, 2013
Consumer advocate Ralph Nader doesn’t exactly have a seat at the mortgage reform table, but that isn’t stopping him from asking the Treasury Department to do something to protect what he calls “the already financially injured common shareholders” of Fannie Mae and Freddie Mac. In a recent letter to Treasury Secretary Jack Lew, Nader blames a host of senior government officials – including Federal Reserve Chairman Ben Bernanke – for misleading investors about the financial health of Fannie and Freddie just months before they were seized by the federal government in September 2008. Nader, a one-time shareholder in the government-sponsored enterprises, is pushing...
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Brokers Consider Ways to Bypass 3 Percent Points-and-Fees Cap, But Experts Warn Against Switching Hats Too Soon

May 30, 2013
Loan originators seeking to exclude their compensation from the 3 percent points-and-fees calculation under the Dodd-Frank Act could consider becoming a correspondent lender or a net branch operator to skirt the restriction. But industry experts caution that such a plan has its own pitfalls. The possibility of brokers switching hats surfaced as the mortgage broker industry, once again, struggles against what it deems unfair restrictions on broker compensation. The Consumer Financial Protection Bureau appears to have addressed some of these issues with changes to its ability-to-repay rule designed to eliminate double counting in the calculation of loan originator compensation. [See the story on page 5.] The inclusion of loan originator (LO) compensation in the calculation of points and fees under the CFPB rule raises...
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Bank MBS Investment Continued to Shrink in Early 2013, But Hold Steady in Agency MBS

May 24, 2013
Banks and thrifts saw another drop in their MBS holdings in the first quarter of 2013 despite holding their own against the Federal Reserve’s voracious appetite for agency MBS. A new Inside MBS & ABS analysis of bank and thrift call reports reveals that industry investment in residential MBS fell 1.1 percent during the first quarter of 2013 to $1.562 trillion. That was down 4.4 percent from the record $1.634 trillion of MBS held in portfolio by banks and thrifts at the end of the first quarter of last year. Banks reported...[Includes two data charts]
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Analysts: Rumors of Extending HARP Eligibility By One Year Could Strain Servicer Resources

May 24, 2013
Even as industry chatter increases about an effort to extend the eligibility date of the Home Affordable Refinance Program, analysts speculate that more HARP may be too much of a good thing for the mortgage market. Analysts at Bank of America Merrill Lynch and Keefe, Bruyette & Woods cite evidence of a “creeping goal line” to move back by 12 months the June 1, 2009, cut-off date for HARP eligibility. KBW cites a Saturday morning address by President Obama earlier this month on the subject of refinance. “While he did not specifically mention extending HARP, we think an announcement could be coming over the next few weeks to extend the eligibility back one year,” said KBW. More telling, said BAML, is...
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Fed Seems One Step Closer to Pulling Back as Market Reps, Analysts Read the Tea Leaves and Prepare

May 17, 2013
The Federal Reserve’s MBS purchase party isn’t over – yet – but it looks like the nation’s central bank is getting nearer to the last call. Late last week, the Wall Street Journal reported that officials at the nation’s central bank have developed a strategy for dialing back their unprecedented level of support of the housing market. The plan involves reducing the amount of bonds the Fed buys “in careful and potentially halting steps,” the WSJ said, with the purchases varying on the read officials have of the job market and of inflation. And although the timing of the Fed’s wind-down is...
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ResCap Agrees to Settlement Deal with Parent Ally, Creditors; Judge Dismisses FCA Claims Against BofA

May 17, 2013
Exactly one year after it filed for bankruptcy, Residential Capital announced this week it has entered into a “comprehensive plan support agreement” with its parent, Ally Financial, and ResCap’s creditors, who say they are owed some $25 billion in mortgage liabilities. The plan gets Ally out from under the threat of billions of dollars in lawsuits by settling all existing and potential claims between Ally and ResCap and all potential claims held by third parties related to ResCap that could be brought against Ally and subsidiaries that are not Chapter 11 debtors. The settlement, which is subject to approval by a federal bankruptcy court in Manhattan, fully releases...
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Policy Change Could Put Loans in HPML Category

May 17, 2013
Changes to the FHA’s mortgage insurance premium cancellation policy, which take effect on June 3, could ultimately cause some FHA loans closed after the effective date to become a “higher-priced mortgage loan” that no investor would want to purchase, lenders warned. Eliminating the MIP cancellation and requiring insurance to be kept for the life of the mortgage loan will raise the annual percentage rate 150 basis points above the average prime offer rate (APOR) index. This will trigger a higher-priced mortgage loan (HPML) designation for some ...
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Speculators in Fannie/Freddie Junior Preferred Shares Could Be Dreaming, Or Maybe Not

May 16, 2013
Over the past few weeks, speculators have been driving up the price of Fannie Mae and Freddie Mac common stock and “trust” preferred shares in the hope of a payoff somewhere down the line. But according to interviews conducted by Inside Mortgage Finance, the only payoff might come if they can find someone else willing to pay more than they did for stock that is considered virtually worthless. Industry lobbyists, former government-sponsored enterprise executives and some investors say...
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BofA, MBIA Settle Reps and Warranties Claims, Positive for MBIA-Wrapped Non-Agency MBS

May 10, 2013
Bank of America and MBIA announced a settlement this week of a long-running dispute regarding representations and warranties on mortgages securitized by Countrywide Financial. The settlement benefits non-agency MBS wrapped by MBIA, according to industry analysts. The settlement applies to all outstanding rep and warrant claims and all other claims between the bank and bond guarantor. BofA agreed to pay MBIA approximately $1.6 billion in cash and remit to MBIA all of the outstanding notes in the firm that BofA acquired in December. BofA also will terminate...
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