As the clock ticks down on Fannie Mae and Freddie Mac running out of a capital buffer in early 2018, there is a growing belief in the mortgage industry that the Federal Housing Finance Agency will move to change dividends payments by the two from a quarterly to an annual basis. If the FHFA pulls the trigger, it would allow the government-sponsored enterprises to sit on a pile of cash before upstreaming it to Treasury – money that would give them a buffer if rates turn the wrong way and a hedging loss ensues in a given quarter. Ron Haynie, senior vice president of mortgage policy at the Independent Community Bankers of America, told...

Since 2012 Fannie Mae and Freddie Mac have provided the government with a hefty amount of funds thanks to the Treasury sweep of GSE profits, which could be a perverse disincentive to move forward on housing finance reform. The two government-sponsored enterprises expected to pass along a combined $9.97 billion during the first quarter of 2017, the net profits they earned in the fourth quarter that exceeded the $600 million cap on retained capital. That brings...

With House Republicans set to resume work on legislation to overhaul provisions in the Dodd-Frank Act, mortgage lenders testified at a hearing this week calling for changes to standards for qualified mortgages. “As a result of some of the constraints in the QM definition, many borrowers who should qualify for a QM are unable to access safe, sustainable and affordable mortgage credit,” said David Motley, president of Colonial Companies and chairman-elect of the Mortgage Bankers Association. He made the comments at a hearing by the House Financial Services Subcommittee on Financial Institutions and Consumer Credit. The MBA urged...

As different as the presidential administrations of Barack Obama and Donald Trump may appear, one thing they have in common is an apparent unwillingness to get into the statutory weeds when it comes to the interpretation and enforcement of the Real Estate Settlement Procedures Act. Earlier this month, the Department of Justice under the Trump administration, just as it had under the Obama administration, side-stepped the RESPA issues associated with the long-running battle between PHH Mortgage and the CFPB.In its amicus brief with the U.S. Court of Appeals for the District of Columbia Circuit, the government said simply: “The United States takes no position on the statutory issues in this case….” For the Trump administration, the case comes down ...

With the industry still waiting for resolution of PHH Corp. v. CFPB and the interpretation and enforcement of the Real Estate Settlement Procedures Act at stake, political partisans on Capitol Hill last week addressed the constitutionality of the CFPB, or the supposed lack thereof, with Republicans on the offense and Democrats on defense. During a hearing last week before the House Financial Services Subcommittee on Oversight and Investigations, Rep. Trey Hollingsworth, R-IN, asked former U.S. Solicitor General Theodore Olson, now a partner with the Gibson, Dunn & Crutcher law firm, what steps would need to be taken to make the CFPB truly constitutional in its governmental function. Olson, who is representing PHH Corp. in its struggle with the bureau but ...

The CFPB has fined Nationstar Mortgage $1.75 million for allegedly violating the Home Mortgage Disclosure Act by “consistently failing to report accurate data about mortgage transactions for 2012 through 2014,” the agency said. The CFPB said it found that Nationstar’s HMDA compliance systems were flawed and generated mortgage lending data with significant, preventable errors. “Nationstar also failed to maintain detailed HMDA data collection and validation procedures, and failed to implement adequate compliance procedures,” the bureau alleged. “It also produced discrepancies by failing to consistently define data among its various lines of business.” Further, data samples reviewed by the CFPB showed substantial error rates in three consecutive reporting years, the bureau said. “In the samples reviewed, the CFPB found error rates ...

Late last week, the CFPB proposed amendments to Regulation B, the implementing regulation of the Equal Credit Opportunity Act, to give mortgage lenders greater flexibility in collecting information about consumer ethnicity and race. Reg B restricts lenders’ ability to ask consumers about their race, color, religion, national origin or gender, except in certain circumstances. These circumstances include required collection of the information for some mortgage applications under the regulation. Under the proposal, mortgage lenders would not have to maintain different practices depending on their loan volume or other characteristics, allowing more lenders to adopt application forms that include expanded requests for information about a consumer’s ethnicity and race, including the revised uniform residential loan application issued by government-sponsored enterprises Fannie ...

With the topic of regulatory reform experiencing a resurgence of attention since the Trump administration moved into the White House, the U.S. mortgage insurance industry is calling for greater uniformity when it comes to the nitty gritty details of the ability-to-repay rule and its qualified-mortgage standard. One area of particular concern for mortgage insurers is the differences between the CFPB’s QM rule for conventional mortgages and the Department of Housing and Urban Development’s QM rule for FHA-insured mortgages. These differences include different debt-to-income caps, different formulae to calculate points and fees, and different standards for higher-cost mortgages. According to U.S. Mortgage Insurers, these differences incentivize greater reliance on programs of the U.S. government, increasing risk to taxpayers. “While consistency and ...

Fitch Ratings was the most active provider of credit ratings for non-mortgage ABS and non-agency MBS in 2016, a new Inside MBS & ABS analysis reveals. Fitch edged out Standard & Poor’s in a busy ABS market, garnering a 54.8 percent share of rated transactions last year. The company boosted its ABS ratings business by 4.6 percent compared to 2015, based on dollar volume, nudging its market share up 1.9 percentage points. Fitch’s deepest penetration was...[Includes two data tables]

The average daily trading volume in agency MBS declined to $202.4 billion in February, one of the worst readings over the past six months, according to figures compiled by the Securities Industry and Financial Markets Association. In January, volume was a bit healthier at $229.8 billion, but that was before concerns began to mount about President Trump’s business agenda and how successful the new White House might be in rolling back regulations – financial and otherwise. As Inside MBS & ABS went to press this week, fears were...