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Inside Mortgage Finance

October 20, 2011

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Repurchase Risk Remains Major Concern for Lenders, Exacerbates Tight Lending Conditions

Buyback risk is raising costs throughout the mortgage industry and causing lenders to boost cred-it standards beyond the levels required by investors, according to several experts at last week’s annual convention of the Mortgage Bankers Association. “The industry is spending hundreds of millions of dollars in repurchases and defending repurchases,” said David Stevens, chairman and CEO of the MBA. At a time when lenders are being pushed to “keep skin in the game,” a 5 percent risk-retention requirement for securitization might almost seem like a better deal than the costly repurchase process, he added. Brian Chappelle said... Read More

CFPB’s New Mortgage Servicer Supervision Strategy to Include Exams in Search of Consumer Law Violations

Mortgage servicing shops should soon expect extra-special scrutiny from the Consumer Financial Protection Bureau and perhaps even a visit by bureau examiners as part of a servicer supervision strategy announced late last week. “Mortgage servicing has a huge impact on consumers and is a priority for the CFPB,” said Raj Date, special advisor to the Secretary of the Treasury for the CFPB. “The mortgage servicing market has been bogged down by widespread reports of pervasive and profound consumer protection problems. We are going to take a close and measured look at whether servicers are following the law.” The CFPB has indicated that... Read More

Multi-Circuit Conflict Over Settlement Fee at Issue as U.S. Supreme Court Takes on Another RESPA Case

The U.S. Supreme Court recently agreed to review a dispute over closing fees in a move that may resolve a potentially entrenched circuit court conflict over the scope of the Real Estate Settlement Practices Act prohibition against unearned fees. At issue is RESPA Section 8(b), which provides that “[n]o person shall give and no person shall accept any portion, split or percentage of any charge made or received for the rendering of a real estate settlement service in connection with a transaction involving a federally related mortgage loan other than for services actually performed.” As the U.S. government... Read More

Amherst: Private Investors Are ‘Only Realistic Alternative’ to Clear Agency REO Inventory

Long-term investor involvement is the industry’s best bet and “only realistic alternative” to boost housing demand and allow government housing agencies to meaningfully discharge their backlog of real estate owned properties, according to a report by Amherst Securities Group. However, Amherst notes that private investors will require more financing options and better access to bulk portfolios of homes, perhaps through a government program, in order to absorb and convert dormant distressed properties into active, income-producing rentals. “The massive housing market overhang is a clear danger to the U.S. economy – it creates... Read More

MetLife May Have Difficult Time Selling Mortgage Banking Business When Starting Fresh Is a Plus

MetLife announced last week that it wants to sell its mortgage banking business, but regulatory and legal issues that are partly driving the firm’s retreat may also make it hard to find a buyer. Nowadays, starting from scratch may make more sense than buying someone else’s problems. MetLife explained in a press release that the decision was prompted by an “uncertain marketplace and regulatory environment [that requires] a tremendous amount of resources – both in terms of people and capital – to effectively compete in and profitably grow the forward mortgage business. Doing so would divert these resources away from... Read More

Senate Flood Insurance Reform Bill Will Generate More Revenues for the NFIP than House Legislation, Says CBO

Flood insurance reform legislation in the Senate would result in higher net income to the National Flood Insurance Program and more federal revenues than the House version, according to a cost estimate by the Congressional Budget Office. The Senate Committee on Banking, Housing and Urban Affairs approved the bill, the Flood Insurance Reform and Modernization Act, on Sept. 8 by unanimous voice vote. The bill is awaiting Senate floor action. The House passed its bill, H.R. 1309, the Flood Insurance Reform Act of 2011, before the August recess by a vote of 406-22. Like its House counterpart, the Senate bill would reauthorize... Read More

Rewards Program Promotes Timely Payments from Underwater Borrowers

Last week, GMAC Mortgage announced implementation of the Responsible Homeowner Reward Program to provide monetary incentives to underwater VA loan borrowers who continue making payments on their loans. The RHRP was designed by the Loan Value Group as a way to address negative equity without necessitating additional documents or new underwriting. Homeowners build up their reward each month for a fixed period of time, so long as they are current. The size of the reward is consistent with the negative equity and severity of the loan. If the borrowers meet all of the payment milestones on time, GMAC Mortgage will... Read More

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