The Federal Housing Finance Agency is set to take a comprehensive view of the impact any changes to the government-sponsored enterprises’ guaranty fees would have on the MBS market. Late last week, the regulator issued a “request for input” on the g-fees charged by Fannie Mae and Freddie Mac, prompting speculation that any changes to the fees won’t be implemented until 2015. The FHFA noted that the GSEs’ g-fees have increased from an average of 22 basis points in 2009 to 55 bps in 2013. The increases have been prompted by the FHFA along with Congress and changes made by the GSEs. Because of loan-level pricing adjustments – which in nearly all cases are rolled into the mortgage coupon – g-fees vary...[Includes one data chart]

It looks like the Securities and Exchange Commission has yielded to the majority view of the other federal regulators and agreed to a simplified qualified residential mortgage definition that could make it easier for issuers of non-agency MBS. The SEC dropped its insistence on a downpayment requirement, according to an account this week in the Wall Street Journal. In exchange, the other federal agencies involved in the rulemaking agreed to revisit the QRM issue two years after the final risk-retention rule goes into effect. Deals backed...

Real estate investment trusts that specialize in the MBS market held $261.0 billion of mortgage securities in their portfolios at the end of March, according to a new Inside MBS & ABS analysis. That was down 1.4 percent from the end of the fourth quarter. REITs have been de-leveraging and scaling back their MBS holdings since the third quarter of 2012, when the Federal Reserve began its massive spending spree in the agency MBS market. A few REITs began rebuilding...[Includes one data chart]

As safe as the qualified mortgage space might appear to be, there have been a number of challenges to address and overcome for smaller institutions originating QM loans intended for sale in the secondary market, according to a representative of one such lender at the American Bankers Association’s 2014 regulatory compliance conference in New Orleans this week. Bruce Schultz, senior vice president and head of secondary mortgage operations for SpiritBank, a family-owned community bank in Tulsa, OK, told attendees he’s heard from several industry peers who have expressed the view that the secondary market ‘would be a slam-dunk’ for his institution under the QM rule because “‘you’ve got automated underwriting.’” Maybe not...

In its largest settlement under the Real Estate Settlement Procedures Act against a company that is not a mortgage insurer, the CFPB ordered Alabama real estate company RealtySouth to pay a $500,000 civil penalty to settle claims it gave inadequate disclosures of its relationship with an affiliated title insurance company. The practices identified by the CFPB’s investigation illegally benefited TitleSouth, an affiliated company owned by the same holding company that owns RealtySouth, according to the bureau, and left consumers unaware of their rights to choose service providers during the home-buying process. “RealtySouth’s preprinted form purchase contracts, which its agents provided to homebuyers preparing to make an offer on a home, either explicitly directed...

Rohit Chopra, the CFPB’s student loan ombudsman, appeared before the Senate Budget Committee last week and indicated the bureau remains intent on holding student loan servicers to account for their treatment of struggling borrowers. “Like many of the improper and unnecessary foreclosures experienced by many homeowners, I am concerned that inadequate servicing has contributed to America’s growing student loan default problem, now topping 7 million Americans in default on over $100 billion in balances,” Chopra said. “To ensure that we do not see a repeat of the breakdowns and chaos in the mortgage servicing market, it will be...

Rep. Maxine Waters, D-CA, the ranking member of the House Financial Services Committee, is among those leading a legislative push by House and Senate Democrats to protect college students from what they see as unfair banking practices involving campus-sponsored financial products. The legislation would extensively rely upon the CFPB to help accomplish lawmakers’ objectives in this regard. The House bill, entitled the Curbing Abusive Marketing Practices with University Student Debit Cards Act (otherwise known as the CAMPUS Debit Cards Act), would end...

A handful of Democrat Senators are urging CFPB Director Richard Cordray to bring an end to what they consider to be predatory small-dollar storefront and online payday lending. “Sadly, the evidence shows that these loans trap consumers in a cycle of debt in which consumers end up owing more than the initial loan amount, an appalling practice that exploits the financial hardship of hard working families and exhibits a deeply flawed business model that does not consider borrowers’ ability to repay the loan,” the senators said in a letter to the director. “The CFPB was established...

As last month drew to a close, the leadership of the House Financial Services Committee decided to postpone a May 29 markup of a number of pending bills, including six related to the CFPB, after the death of the mother of Rep. Maxine Waters, D-CA, the ranking member of the committee. The markup has been rescheduled for Tuesday, June 10, the committee announced late last week. Among the CFPB-related bills pending before the committee is...

Organizations representing different segments of the mortgage lending industry generally strongly support the overall thrust of the CFPB’s proposed amendments to its 2013 mortgage rules that would enable a limited “right to cure” a “qualified mortgage” that inadvertently falls outside the points-and-fees cap. The 120-day cure period would only be available if the creditor originated the loan as a QM loan in good faith, the loan otherwise meets the QM requirements, and the creditor or assignee maintains and follows policies and procedures for post-consummation review and refunding of overages. “The proposed cure period for points and fees overages would be...