Although Fannie Mae and Freddie Mac have, for years, had minimum capital requirements for mortgage companies that want to become seller/servicers, the Federal Housing Finance Agency and state regulators are now exploring codifying a capital minimum for nonbanks, according to industry officials and state regulators. During a webinar this week sponsored by Inside Mortgage Finance, participants highlighted the “hot topic” nature of capital requirements for nonbanks. John Prendergast, vice president of non-depository supervision for the Conference of State Bank Supervisors, indicated that capital requirements for nonbanks are more of a matter of when, not if. However, participants who have been tracking the matter caution...
The Federal Housing Finance Agency will “assess the merits of litigation” against Fannie Mae’s and Freddie Mac’s servicers and lender-placed insurance providers to recover premium overpayments by the government-sponsored enterprises following a pointed suggestion to do so by the agency’s official watchdog. A new audit released by the FHFA’s Inspector General found that Fannie and Freddie could have overpaid about $158 million in 2012 alone for lender-placed or “force-placed” insurance policies. The IG said it calculated its $158 million figure as the difference between the amount the GSEs actually paid in premiums – $360 million – and a “reasonable” price for such coverage – $202 million. “Our retrospective analysis suggests...
As the spring homebuying season has progressed, lenders have improved closing times for purchase mortgages, according to the latest Campbell/Inside Mortgage Finance HousingPulse Tracking Survey. Industry participants also report improvements to good faith estimates with fewer closing cost surprises for borrowers. Closing times declined on a number of different mortgage types, based on three-month moving averages. Fannie Mae and Freddie Mac mortgages with a downpayment of at least 20 percent took...
Regulatory scrutiny of the servicing sector appears unlikely to decrease anytime soon as officials with the Consumer Financial Protection Bureau along with state regulators note that regulation of servicing is a top priority. During a webinar this week hosted by Inside Mortgage Finance, Ann Thompson, a senior analyst in the CFPB’s Office of Supervision Policy, said the federal regulator conducts a risk-based analysis of issues affecting consumers. “Mortgage-related issues are presenting...
There’s still more than a year left before the Consumer Financial Protection Bureau’s integrated mortgage disclosure final rule takes effect. But top industry representatives are urging lenders to begin preparations now, if they haven’t already done so, because of the depth and breadth of the new regulation – and the central role it will play in the origination process. During a general session of the American Bankers Association’s annual regulatory compliance conference, held in New Orleans earlier this month, Rod Alba, senior regulatory counsel for the trade group, said that the CFPB’s TILA/RESPA integrated disclosure – known as TRID – is a massive project. “We cannot take it lightly,” Alba said. He also emphasized...
The U.S. Supreme Court has agreed to consolidate and review two related cases regarding the Department of Labor’s 2010 regulatory interpretation under the Fair Labor Standards Act (FLSA) that mortgage loan officers are not exempt from minimum wage and overtime requirements. A SCOTUS opinion would put to rest a dispute among the circuit courts as to whether the Department of Labor must engage in notice-and-comment rulemaking in order to significantly alter a previous interpretation of the FLSA. The high court’s decision will certainly impact...
The market for large "legacy" MSR deals appears to be ice cold. Then again, last week there were rumors that a $50 billion transaction might be in the works.