Consumer Financial Protection Bureau examiners have reportedly become suspicious of certain mortgage banking executives’ participation in the exam process and escalated their interaction by pressing them to provide their input under oath. Officials at the consulting firm of Garrett, McAuley & Co. reported a disturbing development at a mortgage company in a Mid-Atlantic state undergoing a CFPB exam. “The examiner-in-charge apparently thought that the owner was lying, and the CFPB now wants to question him under oath,” principal Joe Garrett said in a recent note to clients. “Under oath? Whether or not they can prove...

About two-thirds of banks are willing to offer loans that don’t meet standards for qualified mortgages, according to a recent survey by the American Bankers Association. Lenders are concerned about the liability that comes with non-QMs, but borrower demand for non-QMs has prompted a wider range of mortgage offerings than many had projected after the Consumer Financial Protection Bureau’s QM standards took effect. “More and more, in talking to our banks, I would say there’s an increased comfort in going beyond QM, doing business the way they’ve traditionally done business and expecting to meet either the QM or the ability-to-repay standard.” said Jonathan Miller, deputy director of the Federal Deposit Insurance Corp.’s division of depositor and consumer protection. At a meeting last week by the FDIC’s Advisory Committee on Community Banking, Derek Williams, president and CEO of Columbus Community Bank, said...

Credit officers over the past three months reported an increased demand for non-agency MBS, suggesting that private capital could be flowing more freely through the U.S. housing market, according to a Federal Reserve survey released last week. The Fed’s Senior Credit Officer Opinion Survey on Dealer Financing Terms for March 2014 found little change in the credit terms among the 22 participating institutions, with the exception of securities financing, where nearly one-half of dealers reported a hike in demand for funding non-agency residential MBS. “Dealers assessed...

The price of agency MBS has been rising since early April, which can only mean good things for publicly-traded real estate investment trusts that own the asset class. However, REIT share prices haven’t improved much of late, with some companies such as Annaly Capital Management continuing to trade closer to their 52-week lows than their highs. Late this week, for instance, Annaly – one of the largest MBS investing REITs – was trading at $11.30 compared to a 52-week high of $15.98 and a low of $9.66. But better days may be...

With housing finance reform unlikely to clear Congress in the near term even as Fannie Mae and Freddie Mac remain “highly leveraged” on a global scale, a pair of policy advocates are urging Treasury Secretary Jack Lew to trigger existing protective regulations under his discretion that would classify the two GSEs as systemic risks to the economy. American Enterprise Institute Fellow Alex Pollock and Thomas Stanton, author and former Financial Crisis Inquiry Commission staffer, petitioned Lew in a letter this week to act in his capacity as chairman of the Financial Stability Oversight Council and designate Fannie and Freddie as Systemically Important Financial Institutions.

The Consumer Financial Protection Bureau is widely seen as the single most powerful, consumer-oriented regulatory agency in the nation’s history, yet it has only a fraction of the supervisory budget that the safety-and-soundness banking regulators have. So how does it prioritize its resources and activities so it can “punch above its weight class?” “The way we approach our prioritization is looking across the market, regardless of charter or type of entity, and breaking it up into different [sub]markets,” Peggy Twohig, assistant director in the CFPB’s Office of Supervision Policy, said Tuesday during a breakout session at the annual convention of the Consumer Bankers Association. “Bank, nonbank – it doesn’t matter to us. We look at where the risk to the consumer is and we try to execute our program against that.” The bureau reviews...

Loss-mitigation activity by major bank servicers has decreased significantly in the past year, coinciding with servicers’ completion of loss-mitigation requirements under the $25 billion national servicing settlement. Eight major banks and thrifts completed 72,466 loan modifications in the fourth quarter of 2013, a 49.5 percent decline from the fourth quarter of 2012, according to a new report from the Office of the Comptroller of the Currency. The servicers completed 60,765 foreclosures in the fourth quarter, down 42.6 percent from the fourth quarter of 2012. The declines in loan mods and foreclosures by banks have outpaced...

Leading secondary-market representatives told the Financial Industry Regulatory Authority they generally support its goal of mitigating the counterparty credit risk borne by participants in the “to be announced” market and reducing the potential for systemic risk. But they are opposed to FINRA’s proposal to require maintenance margin to attain that aim – something the Treasury Market Practices Group has already considered and rejected. Issued back in January, FINRA’s proposed amendments stipulated that for bilateral transactions in covered agency securities with non-exempt accounts, FINRA members must collect, in addition to variation margin, maintenance margin equal to 2 percent of the market value of the securities. If sufficient margin is not collected, the member would have to deduct the uncollected amount from the member’s net capital at the close of business following the business day on which the deficiency was created. Additionally, if the deficiency in margin is not resolved...

Allonhill LLC, a Denver-based due-diligence firm that served both Wall Street and primary market lenders, recently filed for bankruptcy protection, just days after losing a civil case where it was found liable for breach of contract and fraud, and ordered to pay its former client, Aurora Bank FSB, more than $25 million in damages. Last year, Allonhill’s owners – including principal Sue Allon – sold most of the firm’s assets to Stewart Title. From a legal standpoint, it was not a “franchise” deal, which means Stewart should not be on the hook for any actions of the corporate entity. However, the case may be...