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Home » Topics » Regulation » Ability to Repay

Ability to Repay
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Weaker Investor Protections Detected in Newer Nonprime RMBS Transactions vs. Prime Deals

June 23, 2017
Investors in nonprime MBS may be more vulnerable to fraudulent or defective mortgages compared to prime transactions because of deficiencies or inadequacies in the related representation-and-warranties frameworks, according to a new report from analysts at Moody’s Investors Service. “The collateral backing these transactions is riskier than the loans in post-crisis prime jumbo RMBS, which also generally use stronger frameworks,” the report said. For starters, “Transactions in the re-emerging non-prime RMBS sector are...
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IO Originations Decline in First Quarter

June 23, 2017
Originations of interest-only mortgages by a group of top lenders declined in the first quarter, according to an analysis by Inside Nonconforming Markets. A group of 12 prominent IO lenders originated $6.81 billion of the loans in the first quarter of 2017. The lenders’ production was down by 26.7 percent from the previous quarter and down by 19.9 percent from the first quarter of 2016. According to Inside Mortgage Finance, total first-lien originations ... [Includes one data chart]
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More ‘Alt Doc’ Loans in MBS from Deephaven

June 23, 2017
The nonprime mortgage-backed security issued by Deephaven Mortgage earlier this month was largely similar to a deal the firm issued in April, save for a greater emphasis on mortgages underwritten with less than full documentation. So-called alternative documentation mortgages accounted for 36.5 percent of the $250.13 million MBS Deephaven issued this month, up from a 17.7 percent share of its $221.14 million issuance in April. Non-agency lenders underwriting mortgages ...
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Nonprime Lenders Fill Variety of Niches, Many Programs With Less-Than-Full Documentation of Income or Assets

June 22, 2017
Lenders originating nonprime mortgages have a number of different programs for borrowers shut out of the agency market, including an emphasis on reduced documentation requirements. Deephaven Mortgage is among the lenders that have pooled newly originated nonprime home loans into mortgage-backed securities. The company’s recent $250.13 million MBS included a variety of loans, largely focused on non-qualified mortgages. Some 82.6 percent of the loans in the deal were...
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Treasury Report Blames CFPB Rules for Tight Mortgage Credit

June 19, 2017
The Treasury Department’s report on reforming financial regulation in the U.S. blames rules ushered in under the Dodd-Frank Act – and promulgated by the CFPB – for tight credit conditions in the mortgage market. “While Dodd-Frank and the ATR/QM [ability to repay/qualified mortgage] rule were not intended to eliminate markets for loans that did not meet the QM standards, the reality is that the vast majority of lenders remain unwilling to make loans that do not meet those standards, eliminating access to mortgages for many creditworthy borrowers,” Treasury wrote in the 142-page report. (At best, $3 billion to $4 billion in nonprime/non-QM mortgages might be originated this year out of total industrywide originations of $1.5 trillion.) The administration took aim at Appendix ...
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Some Lenders Keep Hiring; Others Are Cautious

June 16, 2017
The spring and summer home-buying season is in full throttle and with rates falling to yearly lows, mortgage bankers should be hiring in droves. Right? Not necessarily. Top-ranked lenders such as Quicken Loans and Movement Mortgage report they continue to search for new talent, but others are being careful about their hiring plans. Employment in the mortgage brokerage sector has been...
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Treasury Seeks to Eliminate GSE Patch, Or Something Like That, Citing Fairness Concerns

June 15, 2017
The Treasury Department this week proposed eliminating the special qualified-mortgage provision that allows Fannie Mae and Freddie Mac to acquire loans with debt-to-income ratios that exceed the normal 43 percent limit for QM loans. The special treatment for the government-sponsored enterprises, known as the GSE patch, “creates an unfair advantage for government-supported mortgages without providing additional consumer protection … and inhibits consumer choices by restricting private sector flexibility and participation,” the agency said in a report on financial service regulatory reform. The report urged...
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House of Representatives Passes CHOICE Act But Legislation Likely Faces a Dead End in Senate

June 9, 2017
The House of Representatives late this week passed H.R. 10, the Financial CHOICE Act, which would undo a number of changes to the secondary market and to the regulatory landscape that were ushered in by the Dodd-Frank Act. As previously reported, among these are the elimination of the Dodd-Frank risk-retention requirements for ABS other than residential mortgages. Another provision would enable the president to remove the director of the Federal Housing Finance Agency before the end of the director’s appointed term, with or without cause. It also would make...
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Deephaven Provides More Non-QM Detail

June 9, 2017
Deephaven Mortgage LLC soon will issue its second securitization of nonprime mortgages of this year, a $250.1 million deal backed by a variety of loans that fall outside of the legal safe harbor for qualified-mortgage status. Presale reports from S&P Global and Kroll Bond Rating Agency indicate that 45.6 percent of the loans were acquired from Angel Oak Mortgage Solutions, with the rest coming from Deephaven. Shellpoint Mortgage Servicing will service all the loans. The mortgages were originated...
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CFPB Assessing Effectiveness of ATR Rule

June 9, 2017
The Consumer Financial Protection Bureau is accepting comments as part of its assessment of the ability-to-repay rule. The ATR rule took effect in early 2014, setting standards for how lenders should evaluate potential borrowers. The rule also established protections for loans that meet criteria to be deemed a qualified mortgage. One of the more controversial provisions the CFPB included when setting QM standards was...
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