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Home » Topics » Regulation » Ability to Repay

Ability to Repay
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House Committee Passes a Bill Revising ‘Points and Fees’

August 6, 2018
The House Financial Services Committee recently cleared a bill that would change the definition of “points and fees” for the qualified-mortgage standard under the Truth in Lending Act. Introduced by Rep. Bill Posey, R-FL, the Mortgage Fairness Act of 2017, H.R. 2570, revises points and fees when determining whether a loan is a “high-cost mortgage.” The bill passed through the committee on a 34-22 vote. The revised definition excludes from points and fees ...
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CFPB’s Fintech Sandbox Could Benefit Non-QMs, But More to Do

August 6, 2018
The CFPB recently announced plans to create a “regulatory sandbox” to encourage consumer-friendly innovation in financial services. The mortgage industry sees it as an opportunity to enhance the emerging niche of loans that fall outside the qualified mortgage standard. “I’m optimistic,” said Justin Wiseman, an associate vice president at the Mortgage Bankers Association. “I think [the plan is] broadly beneficial across the mortgage market … one area that might ...
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CFPB on Board for Fintech ‘Regulatory Sandbox’

July 23, 2018
The CFPB last week named Paul Watkins, a lawyer in the Arizona attorney general’s office who helped establish a “regulatory sandbox” for the state, to lead the agency’s new Office of Innovation. Watkins was chief counsel for the Arizona AG’s 150-person Civil Litigation Division, which enforces state law related to consumer fraud, antitrust and other issues. He managed the nation’s first facility aimed at reducing compliance costs and burdens for new fintech ...
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Reg Relief to Cause a Cascade of Looser Standards?

July 13, 2018
A provision involving community banks and qualified mortgages in recently enacted regulatory relief legislation could prompt community banks and nonbanks to loosen underwriting standards for non-agency mortgages, according to Moody’s Investors Service. Banks with less than $10.0 billion in assets can receive QM treatment for certain loans that would otherwise be non-QMs if the banks hold the mortgages in portfolio acording to the Economic Growth, Regulatory Relief and ...
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Starwood Taps Impac for Non-QMs

June 29, 2018
Starwood Property Trust announced this week that it agreed to purchase up to $600.0 million of non-qualified mortgages originated by Impac Mortgage Holdings in the next 12 months. The real estate investment trust also revealed that it has already acquired $900.0 million of non-QMs from Impac. “We are excited to formalize our partnership with Impac, which we believe will help scale our opportunity to provide non-QM loans to high-quality borrowers while sourcing ...
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FHA Borrowers Stretch Payment Ability, Cash Out More Equity

June 29, 2018
The credit risk profile of incoming FHA business has shifted significantly since the beginning of last year, according to a new Inside FHA/VA Lending analysis of Ginnie Mae mortgage-backed securities data. The biggest development has been the growth of loans with high debt-to-income ratios. There has also been a significant increase in the share of refinance loans that are cash-out transactions. FHA officials are well aware of these developments, having publicly mentioned them in testimony on Capitol Hill and at industry conferences. Officials have also raised concerns about FHA loans with downpayment assistance, although the MBS data don’t seem to indicate that there has been much change on that score. Among FHA loans endorsed in April and May, only 41.9 percent were at or below the benchmark DTI test for qualified mortgages, which is 43 percent. Through 2015 and 2016, well over half of new ... [Chart]
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Ginnie Mae Unveils Plan for Digital Mortgages; E-Loans on the Horizon

June 29, 2018
Ginnie Mae will be working with FHA, VA and the U.S. Department of Agriculture to standardize origination policies and requirements for digital mortgages as it moves into the digital age of its secondary market business. Ginnie will coordinate with the agencies while developing technical standards for electronic closings, digital mortgage instruments and electronic vaults. All this work is part of the agency’s three-year strategy, Ginnie Mae 2020, to modernize its mortgage-backed securities program and platform, strengthen its counterparty risk management capability, and explore new ways to lower or eliminate risk from the system. As part of the modernization effort, Ginnie envisions a process that would allow it to accept digital promissory notes and other digitized loan files as eligible collateral for its MBS. It would encompass loan application through securitization. The plan calls for gradual implementation of ...
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Rising Mortgage Rates Dampen FHA Purchase Production in 1Q18

June 29, 2018
FHA purchase loan originations, which comprise the bulk of the agency’s business, declined during the first quarter of 2018 as mortgage interest rates continued to rise. Approximately $34.8 billion in FHA-insured purchase mortgages were made during the first three months, down 13.5 percent from the previous quarter. Purchase originations also fell 12.0 percent year-over-year, data showed. Purchase loans accounted for 71.1 percent of all FHA loans made to consumers in the first quarter. Fairway Independent Mortgage Corp. led all lenders with $880.8 million. This week, the benchmark 30-year fixed-rate mortgage rose by 1 basis point to 4.71 percent from last week, according to Bankrate’s weekly survey of large lenders. Four weeks ago, the rate was 4.64 percent. Over the past 52 weeks, the 30-year fixed has averaged 4.31 percent, Bankrate added. This week’s rate is 40 basis points higher than the ... [Charts]
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Industry Wants the CFPB to Make Permanent the ‘GSE Patch’ for QM

June 25, 2018
In response to the CFPB’s request for information on adopted rules, industry groups especially want the bureau to make some changes to the qualified mortgage standards under the ability-to-repay rule, including making the “GSE patch” permanent. The ATR rule generally requires a maximum debt-to-income ratio of 43 percent in order to get QM status. Special rules apply to agency mortgages, however, including a temporary provision that loans eligible for sale to the ...
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Competition for Non-QMs Slowing Ellington’s Plans

June 1, 2018
Ellington Financial wants to speed up its issuance of non-agency mortgage-backed securities but competition for non-qualified mortgages is getting in the way. Ellington issued its first MBS backed by non-QMs in November. All of the mortgages in the $141.2 million deal were originated by LendSure. Ellington has an equity investment in the lender. Laurence Penn, president and CEO of Ellington, said the firm is preparing to issue another non-agency MBS and the nonbank would prefer to ...
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