Officials from the CFPB jumped into the mortgage compliance weeds during a webinar last week to answer some industry questions about its Truth in Lending Act/Real Estate Settlement Procedures Act Integrated Disclosure rule, otherwise known as “TRID,” which takes effect in August of next year. Among the questions bureau staff discussed were a handful related to disclosure and re-disclosure timing. For instance, a number of industry representatives asked whether the seven-day waiting period before consummation that applies to loan estimates also applies to revised disclosures. “No, the seven-day waiting period is a Truth in Lending Act statutory waiting period that applies today to the initial TILA disclosures, and after August of next year, to the loan estimate provided after application ...

CFPB, Other Feds, Issue Guidance on Unfair or Deceptive Credit Practices. In another changing of the regulatory guard, the Federal Reserve is repealing its Regulation AA (unfair or deceptive acts or practices), as per the mandate of the Dodd-Frank Act, reflecting the fact that the CFPB has inherited the Fed’s authority over such practices. At the same time, the Fed joined the CFPB, the Federal Deposit Insurance Corp., the National Credit Union Administration, and Office of the Comptroller of the Currency in issuing joint interagency guidance on the subject. The guidance notes that while the Federal Trade Commission’s credit practices rule remains in effect, the credit practices rules for banks, savings associations, and federal credit unions are being repealed as ...

Roughly $1 billion in damages will flow through to the FHA and Ginnie Mae from Bank of America’s record $16.65 billion global mortgage-backed securities settlement with the Department of Justice. Although most of the DOJ’s case centered around faulty private-label MBS that BofA and its forbears (namely Countrywide and Merrill Lynch) underwrote during the housing boom, a small piece of the settlement is tied to servicing chores that the bank did for Ginnie Mae. And apparently, BofA didn’t do a very good job of servicing the underlying product. The bank took over as the subservicer on roughly $26.2 billion in mortgage servicing rights that once belonged to Taylor, Bean & Whitaker, a large nonbank based in Ocala, FL. When TBW went bust in the second half of 2009, BofA was given the subservicing contract. “BofA serviced the loans for us,” said Ginnie Mae president Ted Tozer. “And they did a ...

The Department of Housing and Urban Development is requesting feedback from stakeholders regarding proposed policy drafts covering appraiser eligibility and oversight, and conducting appraisals, among other things. The documents will be part of the FHA’s Single-Family Housing Policy Handbook, a consolidated and authoritative agency handbook that will make it easier for stakeholders to do business with the FHA. The drafts also cover appraiser requirements for performing an FHA appraisal, including property eligibility requirements for Title II forward and reverse mortgages, as well as forms and data delivery requirements. Comments must be submitted by Sept. 2, 2014. The Single-Family Policy handbook is a multi-phased initiative to develop a single, comprehensive source for FHA single-family housing policy using clear and direct language and an improved organization structure. In fall 2013, the FHA posted its first draft section, Application Though Endorsement for Title II Forward Mortgages. The FHA is finalizing ...

In July, the Consumer Financial Protection Bureau proposed adding 40 new data fields for collection under the Home Mortgage Disclosure Act. Industry attorneys advised lenders to look at their current operations through the data fields the CFPB will likely see and make adjustments before the federal regulator completes new in-depth analysis. Warren Traiger, counsel at the law firm of BuckleySandler, said the new HMDA data will be a fair lending “game changer” ...

The notion of a common pass-through MBS issued by Fannie Mae and Freddie Mac was formally put in play this week, as the Federal Housing Finance Agency solicited comment on a proposed “single security” for the two government-sponsored enterprises. The Mortgage Bankers Association has been pushing the concept for several years, and it made it onto the FHFA’s formal agenda for the GSEs in 2014. Proponents say it would improve liquidity in the market and level out Freddie’s pricing disadvantage. Under the FHFA proposal, the new common MBS would adopt...

Potential investors in non-agency MBS are calling for significant changes to the market before they’re willing to resume investing in new non-agency MBS. Non-agency MBS issuers indicate that they are willing to make some changes to attract investors, while other adjustments will require action by federal regulators or Congress. In June, the Treasury Department requested comments on how to increase non-agency activity and decrease the agency MBS share of mortgage financing. The comment period closed late last week, with about 25 industry participants submitting feedback. John Gidman, president of the Association of Institutional Investors, said...

MBS investors have been enjoying a nice little rally of late thanks to what analysts call “geopolitical” concerns, namely the conflicts in Ukraine and the Middle East. But how much further will bond prices rise and rates fall? It all depends on whom you ask. “We’ll see 2 percent on the long bond before 3 percent,” said Christopher Whalen, senior managing director of Kroll Bond Rating Agency. Over the past few weeks, MBS prices – based on the Fannie Mae 3.5 percent coupon – have neared...

The gradual slowdown in agency MBS purchases by the Federal Reserve helped real estate investment trusts grow their MBS portfolios during the second quarter of 2014. A new Inside MBS & ABS analysis of REIT earnings reports found that the industry held $286.3 billion of MBS as of the end of June. That was up 9.7 percent from the previous quarter and marked the first increase in REIT MBS holdings since the third quarter of 2012, when the aggregate industry portfolio was $374.2 billion. At the top of the sector, Annaly Capital Management reported...

The Federal Housing Finance Agency should act now to slowly increase Fannie Mae’s and Freddie Mac’s guaranty fees, according to the Securities Industry and Financial Markets Association. SIFMA’s tempered support of a proposed government-sponsored enterprise g-fee increase runs contrary to the position held by much of the rest of the industry – that now is not the time. “We encourage...