Residential Capital’s filing for bankruptcy early this week signaled Ally Financial’s exit from the mortgage industry, and though the transfer of its servicing and origination platforms will not change the market in a meaningful way beyond industry rankings, the legal situation could offer a paradigm for other beleaguered mortgage units to follow. “It wasn’t a monstrous event,” said one industry observer. “It was an unfortunate event. Everyone knew they missed an interest payment, so it wasn’t much of a surprise.” ResCap includes both GMAC Mortgage, Ally’s mainstream mortgage banking operation, and what’s...

Mortgage originator compensation has moved clearly into the crosshairs of the Consumer Financial Protection Bureau as part of a broader proposed rule expected soon that will also address originator qualifications as well as the paying of discount points and fees. Senior CFPB officials briefed the press last week on their plans, which will be shared in greater detail sometime next week with a group of small businesses related to the mortgage lending industry per the Small Business Regulatory Enforcement Fairness Act. The act requires the bureau to convene a small business panel...

Three mortgage lending industry groups have challenged the position of the Consumer Financial Protection Bureau in a key Truth in Lending Act case by asserting that borrowers must file a lawsuit within three years of a mortgage loan’s signing in order to exercise their right of rescission. As far as the industry is concerned, the crux of the dispute in Rosenfield v. HSBC Bank, No. 10-1442, currently before the 10th District Court of Appeals, is whether borrowers who notify lenders of their intent to rescind must also sue their lenders within three years. TILA gives certain...

Mortgage bankers and brokers are making a fresh push to support H.R. 4323, the Consumer Mortgage Choice Act, legislation that would change the way points and fees are calculated under the Qualified Mortgage definition in the Dodd-Frank Act. Trade groups representing these segments of the industry have made new appeals to their members recently to reach out to their respective lawmakers and garner their support for the legislation. The Consumer Mortgage Choice Act would spell out that affiliate title fees, certain loan originator compensation, and escrow payments are not included...

EverBank completed a $192 million initial public offering of its stock last week, resulting in a deal that was 41 percent smaller than originally planned. The bank has recently expanded its retail and correspondent jumbo lending with an emphasis on cross-selling products to wealthy borrowers. “The availability of jumbo mortgages has significantly contracted,” EverBank said in an IPO-related filing with the Securities and Exchange Commission. “Because we originate ...

While issuance of non-agency mortgage-backed securities is not particularly attractive for lenders at the moment, banks have been able to turn strong profits by holding nonconforming loans in portfolio. “We’re able to make very good returns” that exceed the profit on selling to the government-sponsored enterprises, said Greg Tallmadge, a vice president at TD Bank. Speaking at the Mortgage Bankers Association’s National Secondary Market Conference this week ...

FHA lenders are anticipating a spike in volume when changes to the FHA Streamline Refinance Program become effective next month. The biggest change to the program taking place on June 11 is the lower upfront mortgage insurance premium, which the Department of Housing and Urban Development had reduced to just 0.01 percent, and the annual MIP, which was lowered to 0.55 percent. The new premium pricing is effective for all streamline refi transactions that are refinancing FHA loans endorsed on or before May 31, 2009. HUD expects the change will ensure that borrowers benefit from a net reduction in their overall mortgage payment and, at the same time, reduce risk to the FHA. The FHA Streamline Refi program allows borrowers with FHA-insured loans who are current on their mortgage to refinance into a new FHA-insured loan without ...

The FHA and the reverse mortgage industry are working on guidelines that would help lenders in the Home Equity Conversion Mortgage program identify unsuitable borrowers. Financial assessment guidelines that are currently in development would limit the pool of HECM applicants to those who can afford to meet the program’s financial obligations in a timely manner, said Jeffrey Lewis, chairman and chief executive officer of Generation Mortgage in Atlanta. HECM loans account for 90 percent of all reverse mortgages originated in the U.S. Loan volume had contracted in the wake of the financial crisis, down ...

Ginnie Mae has announced new data disclosures effective Sept. 1, but investors say it is information they do not need. These include indicators identifying first-time homebuyers, type of third-party originator, and the upfront and annual mortgage insurance premiums. The new disclosures will provide greater transparency on the collateral that backs Ginnie Mae mortgage-backed securities, the agency explained in its latest guidance to program participants. The move also aligns Ginnie Mae’s data disclosures with the industry, it added. Issuers that are unable initially to provide the data will ...

The Department of Housing and Urban Development’s Office of the Inspector General will begin internal audits later in 2012 on various aspects of the FHA single-family mortgage insurance program and release results of some that were begun last year. In August, OIG auditors will begin review of the FHA TOTAL (Technology Open to All Lenders) Scorecard to determine whether the automated underwriting system approves loans that otherwise would not be approved under manual underwriting. Auditors will also check whether the scorecard could ...