The Conference of State Bank Supervisors told the CFPB that the ability-to-repay /qualified mortgage rule has negatively affected financial institutions that, because of their proximity to the local community, rely on more flexible underwriting and determination of ability to repay. “State regulators continue to support the principles that drive the ATR/QM rule, but have several recommendations to better tailor the rule commensurate to the community bank business model,” the CSBS said in its comment letter on the bureau’s proposal to begin assessing the rule. Citing Federal Deposit Insurance Corp. data, the regulators noted that since 2010, 1,173 community banks have either left the residential mortgage lending space or extensively restricted those business lines. Rural Lending is Suffering “Although this decline ...

National trade groups representing mortgage lenders of all sizes recently advised the CFPB to broaden the scope of its pending assessment of its ability-to-repay/qualified mortgage rule. The Mortgage Bankers Association, for instance, provided the bureau with multiple concerns it believes must be addressed, such as making sure the rule better serves millennials and immigrants who are entering the housing market. Other concerns include “the limitations of the 43 percent debt-to-income requirement that does not include compensating factors,” and whether the underwriting guides of the government-sponsored enterprises and government programs could serve as alternatives to Appendix Q. The Consumer Mortgage Coalition recommended that the agency begin its review process by analyzing the products and product structures that contributed to the financial ...

Mortgage settlement service company representatives claim the CFPB’s ability-to-repay/qualified mortgage rule discriminates against affiliated business arrangements (AfBAs) when it comes to the calculation of points and fees, compromising borrower choice of service provider, and urged the bureau to revise the rule accordingly. “The QM rule discriminates against AfBAs by requiring a mortgage lender with affiliates to count the affiliate charges against the 3 percent cap on fees and points,” the Real Estate Services Providers Council said in a comment letter to the CFPB regarding its pending ATR/QM assessment. For example, if a mortgage lender has an affiliate title or insurance company involved in the transaction, it must count the title agency or insurance agency charges toward the fees and points ...

The trade group for the mortgage insurance industry, U.S. Mortgage Insurers, suggested that as the CFPB reviews its ability-to-repay/qualified mortgage rule, it assess whether lenders have engaged in regulatory arbitrage at the expense of borrowers. The organization advised the bureau to pay particular attention to the different treatment among the QM standards of the calculation of points and fees and the maximum borrower debt-to-income (DTI) ratio. In terms of the former, USMI noted, “The various QM standards provide for different treatment of points and fees – a difference that drives lender behavior without a concomitant consumer benefit.” For instance, consumers with downpayments of less than 20 percent of the purchase price may have an option to finance with a conventional product ...

A number of new issuers appear set to come to market with non-agency MBS backed by newly originated jumbo loans and non-qualified mortgages. Officials at Redwood Trust said they see new issuers emerging, which they said will put pressure on loan prices for aggregators while increasing liquidity in the secondary market. Since the third quarter of 2016, the jumbo MBS arena has been dominated...

The private mortgage insurance industry is calling for a level playing field between the government-sponsored enterprises and FHA and VA as the Consumer Financial Protection Bureau begins its assessment of the ability-to-repay rule. In comments to the CFPB, U.S. Mortgage Insurers urged the bureau to determine whether potential arbitrage in QM standards for Fannie Mae and Freddie Mac and those for FHA and VA have had any negative effect on consumers ...

Non-qualified mortgages are starting to look attractive to some nonbanks with refinance activity declining and interest rates projected to increase. Officials at Nationstar Mortgage revealed late last week that they plan to launch a non-QM offering later this year or in early 2018. “You’re starting to see some activity there,” Jay Bray, Nationstar’s president, chairman and CEO, said during the nonbank’s recent earnings call. “And when we look at our portfolio, we may be in the best position in the industry, frankly, to offer some of those products.” Nationstar serviced...

Industry analysts expect that issuance of non-agency MBS in 2017 will outpace the volume seen last year. But 10 years after the start of the financial crisis, the non-agency MBS market is nowhere close to its level before the crisis, and a full recovery doesn’t look imminent. Some $28.8 billion of non-agency MBS was issued in the first half of 2017, up 32.0 percent from the same period last year, according to the Inside Mortgage Finance MBS Database. Non-agency MBS issuance peaked in 2006 at $1.19 trillion. Some 71.8 percent of the issuance that year was backed by subprime mortgages and Alt A loans. Post-crisis non-agency MBS issuance has been dominated...

Two high-profile real estate investment trusts – Annaly Capital Management and New Residential Investment Corp. – appear to be refining their investment strategies these days, heading in different directions in terms of what asset classes they prefer. New Residential is continuing to make huge bets on mortgage servicing rights. According to its just-released earnings statement, the investor is showing no reluctance whatsoever when it comes to size. A new tally from Inside Mortgage Finance shows that New Residential ended the second quarter with $353.0 billion of “full servicing” rights in its possession, up 40.1 percent from March 31. A year ago, the REIT wasn’t...

Mortgage investors and lenders alike have a number of questions about underwriting self-employed borrowers under the federal ability-to-repay rule issued by the Consumer Financial Protection Bureau. As the CFPB undertakes a mandatory review of the ATR rule and its qualified-mortgage provisions, the Structured Finance Industry Group pointed to the self-employment issue, starting with how the term is defined and the documentation required by the rule’s Appendix Q underwriting guidance. “Many times, consumers have...