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Inside Mortgage Finance

November 10, 2011

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Private MI Business Strengthened in 3Q11 Despite Ongoing Financial Strains on MIs

The private mortgage insurance industry, driven toward irrelevance during the first two years of the housing market collapse, is staging a quiet comeback in 2011. A new Inside Mortgage Finance ranking and analysis reveals that private MI activity in the third quarter rebounded to its strongest market share in three years, and accounted for 24.2 percent of new primary mortgage insurance written. While FHA volume dropped 6.2 percent from the second quarter, private MIs provided coverage for $22.01 billion in new mortgages, a gain of 38.6 percent. The increase in private MI activity outstripped...(Includes three data charts) Read More

Fannie and Freddie Concerned by Mounting MI Risk Exposure as GSEs Post Huge 3Q11 Losses

Fannie Mae and Freddie Mac reported similarly sour earnings results for the third quarter with both government-sponsored enterprises expressing concern about their growing risk exposure to struggling private mortgage insurance companies. Freddie noted in its 10-Q filing that “the financial condition of certain of our mortgage insurers continued to deteriorate” during the July-September period. Fannie sounded a similar alarm in its own earnings statement. “The already weak financial condition of many of our mortgage insurer counterparties deteriorated at...(Includes one data chart) Read More

GSE Buybacks Still Plague Lenders in 3Q11, Huge Inventory of Unresolved Cases Lingers

Despite buying back some $5.4 billion in mortgages during the third quarter of 2011, mortgage lenders made only a small dent in the huge number of unresolved disputes with Fannie Mae and Freddie Mac over representations and warranties. According to third-quarter financial reports from the government-sponsored enterprises, Fannie and Freddie still had a whopping $12.2 billion of outstanding repurchase claims as of the end of September. That was down only slightly from the $12.7 billion in unresolved buybacks at the midway point in the year. The GSEs reported that seller-servicers...(Includes one data chart) Read More

CFPB Follows Other Agencies in Setting Advance Warning Process for Possible Enforcement Actions

The Consumer Financial Protection Bureau will follow the practice of other federal regulators by providing advance notice of potential enforcement actions to individuals and firms under investigation. The bureau said its Early Warning Notice process allows the subject of an investigation a chance to respond to any potential legal violations that CFPB enforcement personnel believe have been committed before the agency ultimately decides whether to initiate legal action. But there are no guarantees. “The decision whether to give such notice is discretionary, and a notice may not be appropriate in some situations, such as in... Read More

GAO Finds Weaknesses in FHA’s Risk Assessment Efforts, Delays May Jeopardize Ability to Ease Financial Risks

Delays, staff shortages and changes in leadership have put a damper on FHA efforts to identify risks in its single-family mortgage insurance programs, which could affect its ability to minimize financial risks, according to the Government Accountability Office. In a report to the chairman and the ranking minority member of the Senate Banking, Housing and Urban Affairs Committee, the GAO concluded that while the FHA has taken steps to assess credit and operational risks, the assessment strategy is not comprehensive. The risk assessment efforts are not integrated, and the FHA lacks annual assessments and mechanisms to... Read More

New Trials Slowing Down as HAMP Is Increasingly Dominated by Effort to Sustain Permanent Mods

The Obama administration’s refinance program for underwater mortgages got a much-publicized jolt of expanded guidelines that could stimulate new business, but the older Home Affordable Modification Program appears to be slowing down. An Inside Mortgage Finance analysis of recently released HAMP data reveals that only 74,630 new trial mods were started under the program during the third quarter. That was down 7.1 percent from the second quarter and represented the lowest number since the program began. Although there was an 11.8 percent increase in...(Includes one data chart) Read More

Mortgage Industry May Get More Clarity on Disparate Impact Theory in Fair Lending Cases

The U.S. Supreme Court will determine whether disparate impact claims can be applied to the Fair Housing Act and lending discrimination cases by reviewing a Minnesota case involving rental housing. Although many fair lending cases based on disparate impact have been brought and settled over the years, the standard has not been universally interpreted by federal appeals courts. In Magner v. Gallagher, private landlords sued the city of St. Paul, MN, for enforcing its housing code, leading to claims by the landlords that shutting down their properties made it too difficult for minority renters to find... Read More

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