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Home » Topics » Regulation » Ability to Repay

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Higher Interest Rates May Prompt Banks to Unload Fixed-Rate Product, Result in Fewer GSE Refis

February 10, 2017
Analysts at DBRS anticipate some notable changes in the residential mortgage securitization market this year, mostly as a result of expected higher interest rates. “Despite a healthy housing market recovery, post-crisis non-agency RMBS issuance has remained stagnant for several reasons,” said Quincy Tang, managing director of RMBS structured finance, in a new research report issued early this week. In addition to the dominance of Fannie Mae and Freddie Mac and bank balance-sheet capacity, “a persistently low interest rate environment has rendered...
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A Bullish Sign for Nonprime/Non-QM MBS: Three of The Most Active Originators Are Working on Deals

January 27, 2017
Three of the nation’s most active nonprime mortgage originators – Citadel Loan Servicing, Angel Oak and Deephaven Mortgage – are all working on new MBS deals, a bullish sign for a market that has been mostly dormant for years. Executives at all three shops confirmed to Inside MBS & ABS this week their intention to bring new MBS to market – most likely through rated transactions. As for details, that’s a different matter. All three are...
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Lenders Show Few Signs of Easing Underwriting Standards; Meanwhile, Existing Nonprime Lenders are Bullish

January 26, 2017
With the post-election interest-rate rise sticking around, there’s a growing school of thought that residential originators will finally ease underwriting standards in an effort to boost lending volume. But the way things stand today, that could be wishful thinking. The Mortgage Bankers Association told Inside Mortgage Finance this week that its Mortgage Credit Availability Index shows a “gradual” loosening has occurred, but it credits a greater availability of jumbo product for the reading. As MBA Senior Vice President of Research Michael Fratantoni put...
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Banks Reiterate Calls for Portfolio QM Designation

January 20, 2017
With President-elect Donald Trump set to take office and Republicans in control of Congress, trade groups representing banks reiterated calls for revisions to standards for qualified mortgages. Banks are pushing for QM status to be applied to any mortgage held in portfolio, even if the loans have characteristics that would otherwise make them non-QMs subject to greater liability. In a letter this month to leaders of Congress, Rob Nichols, president and CEO of the American Bankers Association ...
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ABA Calls for CFPB Reform, Expanded Qualified Mortgage

January 17, 2017
The American Bankers Association sent a letter to the leaders of Congress recently, urging adoption of a bipartisan regulatory relief package that would provide unspecified reform of the CFPB and address an expanded definition of a qualified mortgage. When it comes to the bureau, the ABA urged sensible regulation by restoring “balance to the regulatory process, including Consumer Financial Protection Bureau reform,” and by focusing on promoting both economic growth and safety and soundness. On the QM point, the organization asked lawmakers to “reform mortgage regulations that have raised costs and prevented banks from flexibly serving their customers without enhancing consumer protections or safety and soundness. Most crucially, deeming loans held in portfolio as qualified mortgages will expand safe and ...
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‘Reverse-Occupancy Fraud’ a Concern, Particularly Among First-Time Homebuyers

January 12, 2017
Some borrowers are obtaining mortgages for investment properties and occupying the home as a primary residence instead of renting out the home, according to industry analysts. Such “reverse-occupancy fraud” is especially prevalent among first-time homebuyers who might not otherwise qualify for a mortgage. Borrowers completing reverse-occupancy fraud aim to qualify for a mortgage with help from the theoretical rental income from the so-called investment property. Mortgages for a business purpose – typically including mortgages for investment properties – aren’t subject to the Consumer Financial Protection Bureau’s ability-to-repay rule, allowing lenders to use looser underwriting standards. Fannie Mae issued...
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Angel Oak Gears Up for New Non-Agency MBS, While PIMCO and Citadel May Tap the Market Later in 2017

January 6, 2017
With two of the nation’s largest originators of nonprime and non-qualified mortgages hoping for a record production year in 2017, the mostly anemic securitization market for these types of credits could receive a real boost. But the big question remains: how much will the two firms – Angel Oak Mortgage Solutions and Citadel Servicing Corp. – tap the MBS market? In 2016, the Irvine, CA-based Citadel funded...
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More Nonbanks Stick Their Toe in the Second-Lien Market, But Volumes Have Generally Been Low

January 5, 2017
Ever since the nation’s financial crisis, commercial banks and other depositories have dominated the second-lien business and likely will continue to do so in the coming years, but that isn’t stopping nonbanks from testing the waters once again. According to research by Inside Mortgage Finance, several nonbanks have slipped back into the market, albeit with muted production volumes. And many of the firms that have crept back in are partnering with depositories. The reason for the strategy is...
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Industry Reps, Allies Set the Stage For Changes to CFPB, Dodd-Frank

January 3, 2017
As 2016 drew to a close, various industry officials were busy making the case for legislation that would alter the structure of the CFPB and clip its wings as part of a strategy to scale back the Dodd-Frank Act and provide lenders with significant regulatory relief. Industry officials are confident they will encounter a more sympathetic White House with Donald Trump as the occupant. Analysts with Compass Point Research & Trading believe a number of important issues will be addressed as part of the final legislative regulatory relief package, including governance changes shifting the CFPB, as well as the Federal Housing Finance Agency and the Office of the Comptroller of the Currency, into commission structures. They also expect to see ...
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Short-Term Bank Statement Loans May Lead Lenders Astray of ATR

December 12, 2016
Mortgage programs that use less than 24 months of bank statements to verify a borrower’s ability to repay back a loan are riskier than more traditional mortgages and may be prone to running afoul of the CFPB’s ATR rule, according to a new report from Moody’s Investors Service. “Although longer-term bank statement programs would likely satisfy the CFPB’s ATR rule, short-term programs may not,” analysts at Moody’s said. “To fully understand cashflow patterns typical of the borrower’s line of work, the longer the track record, the better,” they added. “The fewer statements a program requires, the higher the likelihood for inconsistencies in the calculation of available income from loan-to-loan.” Under the ATR rule, as Moody’s noted, the originator is required ...
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