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Ruling in ACE Securities Case Confirms that Rep-and- Warrant Statute of Limitations Starts at Deal Closing

June 19, 2015
A ruling late last week by the New York Court of Appeals will likely help provide certainty to non-agency MBS issuers regarding liability from breaches of representations and warranties while limiting claims from investors. The appeals court confirmed a lower court’s ruling in ACE Securities v. DB Structured Products, determining that the statute of limitations for claims of breaches of representations and warranties starts when a deal is closed – not when a potential breach is discovered. “Representations and warranties concern...
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FHA Proposes Guidance for Identifying, Dealing with Loan Defects

June 19, 2015
George Brooks
The guidance explains how the FHA intends to categorize defects found in endorsed single-family mortgages.
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Agency Jumbo Market Up Sharply in Early 2015

June 19, 2015
John Bancroft
Wells Fargo was the top conforming-jumbo lender in the first quarter of 2015, with $3.10 billion in such originations.
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Marketing in Spanish? Disclose, Service in Spanish

June 19, 2015
Thomas Ressler
If you are advertising or marketing mortgage products in Spanish, compliance experts suggest you should provide all requisite disclosures and servicing in Spanish.
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Treasury Downplays Talk of Ending GSEs’ Conservatorship, Reiterates Support for Reform

June 18, 2015
Carisa Chappell
Lew said it’s not the right time to talk about ending the GSEs’ conservatorship and paying dividends.
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FHA Issues FAQs on Upcoming Single-Family Policy Handbook

June 18, 2015
George Brooks
Industry observers noted that FAQs didn’t answer some of the big questions that matter to lenders, such as quality control, student debt and pre-funding review requirements.
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CFPB Blinks, Grants 2-Month Extension on TRID Effective Date

June 18, 2015
Thomas Ressler
The face-saving mechanism in the CFPB's announcement was a claim to the discovery of a legal glitch.
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Credit Score Provider Suggests Going Beyond ‘Mainstream’ Borrowers to Expand Lending Options

June 18, 2015
Brandon Ivey
VantageScore suggested that lending to "upsiders" and "minimalists" can be accomplished without increasing default risk.
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Short Takes: Fed on Interest Rates / Loan Mods Increase / Foreclosure Filings Also Increase / New MBS Backed By Old Alt A Loans

June 18, 2015
Brandon Ivey
The FOMC said it will increase rates when it sees further improvement in the labor market and inflation looks to be under control.
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Short Takes: Applications Decline / Optimism for 2015 / Gender Disparities Alleged / AmeriSave Steps In / Bexil Closed Lending Units

June 17, 2015
Brandon Ivey
Higher interest rates prompted declines in applications for both refinances and purchase mortgages.
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