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Home » Topics » Inside the CFPB » Regulation

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National Servicing Standards Must Address Market Uncertainty

August 15, 2011
Policymakers interested in pushing national mortgage servicing standards are right to make sure that homeowners who were harmed by abusive industry practices are compensated. However, there is still a tremendous amount of uncertainty in the housing and housing finance markets, and any servicing standards that are developed must address that if the weights that hold the markets back are to be cut lose and private capital comes back in full force, a top industry…
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Risk Retention Is ‘No Panacea,’ Fitch Says, But S&P Says New MBS Regime Could Improve Underwriting

August 12, 2011
Standard & Poor’s and Fitch Ratings have raised concerns about the proposed risk-retention rule that has sparked an outcry among MBS issuers, but the rating services appear to be taking a more measured view – in fact, S&P says it may be good for the market’s long-term health. In a recent report, S&P agreed with the industry consensus that the proposed rule won’t help the housing market and non-agency MBS sector right now. But the new standard for securitization, which sets a high bar for qualified residential mortgages that would be exempt from a ...
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Lack of Relief From New Regulatory Wave Makes It Harder to Quantify MBS Risks, Says Analyst

August 12, 2011
The recent rancorous debate over raising the debt ceiling brings little hope of relief from the overwhelming amount of regulation coming down the pike. Analysts say the uncertainty has made it more difficult to quantify risks for MBS and other securitized products. Analysts at Bank of America/Merrill Lynch said the outcome of the debate was far worse than expected, forcing them to temper their optimism for securitized products. Instead, they are calling for a more neutral exposure. “The pragmatism we thought we would see never really emerged,” said Chris Flanagan, an analyst with the firm. “Instead ...
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Alt Products to Be Limited by QM Proposed Rule

August 12, 2011
Rules proposed by federal regulators to establish “qualified mortgage” and ability-to-repay standards would severely limit the originations of alternative mortgages, including certain ARMs, according to lenders. Consumer advocates, meanwhile, are calling for even more restrictive underwriting standards than those proposed by the Federal Reserve. In April, the Fed proposed strong ability-to-repay requirements that expand upon existing rules for higher-priced mortgages, include stringent penalties for violations, and would apply to ...
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Consumer Groups Express Apprehension About QRM Rule, Blast Downpayment Requirements

August 11, 2011
Like many industry commenters, consumer groups are urging federal regulators to lighten up on what has been largely regarded as an overly-restrictive definition of “qualified residential mortgages” that will get preferential treatment in future mortgage securitizations. The interagency risk-retention proposed rule would limit QRM status to purchase mortgages with a minimum 20 percent downpayment and conservative underwriting standards on debt-to-income ratio and credit history. The proposed QRM rule will “further slow the process of clearing ...
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‘Quiet’ Settlement Between HUD, BofA Yields Special Terms for Delinquent FHA Borrowers

August 11, 2011
More than 57,000 delinquent borrowers are expected to benefit – if they can be found – from a recent settlement between Bank of America and the Department of Housing and Urban Development, resolving agency concerns about the bank’s failure to offer loss mitigation options to FHA borrowers. The previously undisclosed settlement, which was confirmed by HUD officials, requires Bank of America to set aside a minimum of $10 million to pay down arrearages for FHA borrowers who are 12 months delinquent and qualify for a partial claim, a forbearance plan, a traditional modification ...
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Issuers Fret About Risk-Retention Proposal’s Harmful Effects on Securitization Structures

August 5, 2011
Major MBS issuers are concerned about the potential harm evolving risk-retention regulations could have on securitization structures, regardless of which structure issuers decide to use. In response to the interagency proposed rule on credit risk retention, Citigroup said the public interest is not served by requiring securitizers to hold positions that are designed to take losses. “For example, all deal parties, the rating agencies and the investors are fully aware that the lowest tranche, sometimes referred to as a ‘first loss’ tranche, may take losses and no representation is made that such tranche is either investment grade or will receive...
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Auto ABS Issuers Seek Lower Risk-Retention Requirement, But Investors Aren’t So Sure About Pool-Level Approach

August 5, 2011
Issuers of ABS backed by vehicle loans urged federal regulators to adopt a pool-level approach to determine new risk-retention requirements rather than the all-or-nothing standard proposed earlier this year that featured a narrowly drawn definition of “qualified auto loans. ”Like the more widely discussed provisions on non-agency MBS securitization, the interagency proposed rule carved out an exemption from the 5 percent risk-retention requirement for auto ABS that are backed exclusively by qualified auto loans. But issuer members of the American Securitization Forum said the proposed definition of qualified auto loans features...
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No New FHFA Director Nominee Expected

August 5, 2011
Mortgage market watchers and insiders on Capitol Hill report there is little chatter and seemingly even less enthusiasm from the White House to send to the Senate another nominee to serve as the permanent director of the Federal Housing Finance Agency.As the FHFA’s Acting Director Edward DeMarco is set to begin his third year as the Finance Agency’s “temporary” head next month, no one among the legislative staffers, trade association officials and industry insiders who spoke with Inside The GSEs said they expect a change in the status quo. But neither did they have anything discouraging to say about his leadership or job performance to date.
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FHFA Urged to Air Servicing Fee Proposals

August 5, 2011
The Mortgage Bankers Association urged the Federal Housing Finance Agency to include other fee structures and not just seek public comment on one servicing fee structure in a forthcoming proposal. The FHFA has been working behind closed doors with Fannie Mae, Freddie Mac and Ginnie Mae to devise a new servicing compensation structure for mortgages securitized by the agencies, which account for over 90 percent of new lending. Industry groups and others have been consulted during the process, which is expected to result in an exposure document subject to public comment. The MBA cautioned the FHFA against showing preference for any...
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