Mortgage lenders are increasingly anxious that they may be blindsided by fair lending claims based on the disparate impact theory as they try to keep their business within the safe harbor for qualified mortgages under the new ability-to-repay rule. “My concern is about who’s going to do a QM and who’s going to do [non-QM] ability-to-repay, and how can we somehow get a disparate impact out of this?” said Charles Lewis, vice president of compliance services at the Missouri Bankers Association. Speaking at the American Bankers Association’s regulatory compliance conference in Chicago early this week, Lewis urged...
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The federal government seized control of Fannie Mae and Freddie Mac by extra-legal means during the 2008 financial crisis and then went out of its way to curtail the two government-sponsored enterprises’ profits while unjustly denying GSE shareholders just compensation for their deliberately devalued holdings, according to a lawsuit filed this week. The suit filed by GSE shareholders in the U.S. Court of Federal Claims in Washington, DC, asserts the takeover of Fannie and Freddie by the Federal Housing Finance Agency was “unlawful and unwarranted” and an unconstitutional violation of due process which cost investors billions of dollars. “Even if a statutory basis existed...
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Some experts are predicting that the new ability-to-repay rule issued by the Consumer Financial Protection Bureau, which sets the boundaries of “qualified mortgages,” will also lead some lenders to focus on so-called non-QM loans that will become the new subprime market. At the American Bankers Association’s regulatory compliance conference, held this week in Chicago, ABA Senior Regulatory Counsel Rodrigo Alba said publicly what many mortgage bankers have been thinking privately. Responding to a comment from one banker who said her institution might opt to do only non-QM lending, just for simplicity’s sake, Alba said, “Wanted or not, this may start leaning into being the new subprime.” He added...
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At least two mid-sized nonbanks on track to fund up to $10 billion in mortgages this year are on the auction block and could get sold in the months ahead. That is, if their owners don’t get too greedy. With interest rates continuing to head north and loan application volumes weakening, the dynamics in the mergers and acquisitions market may be shifting. Over the past two years, lenders have been posting the best profit margins ever, which in turn has caused them to increase their asking price, that is, should they entertain the thought of selling. In general, nonbank lenders that are...
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The amount of home-equity loans held by depository institutions continued to decline in early 2013, with little sign that banks, thrifts and credit unions are likely to ramp up their lending in the near future, according to a new Inside Mortgage Finance analysis and ranking. Banks, thrifts and credit unions held some $706.95 billion of home-equity lines of credit and closed-end second mortgages on their books as of the end of March, down 2.8 percent from the previous quarter. Including their $474.09 billion in unused HELOC commitments, depository institutions reported a total home-equity business portfolio of $1.181 trillion, down 7.8 percent from the first quarter of 2012. The unpaid balance of closed-end seconds was...[Includes three data charts]
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When the going gets tough in the mortgage lending business, the tough starting laying off loan officers, underwriters, processors, and any others whose jobs are tied to the origination function. As Inside Mortgage Finance went to press this week, there were growing fears in the industry that declining applications – driven by a weakening market for refinancings – were finally taking their toll with several firms contemplating cutting production staff or already handing out pink slips. Industry executives said...
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Freddie Mac’s recently announced low-activity fee for seller/servicers not meeting new quotas for loan deliveries and mortgage servicing would limit the ability of community banks to provide mortgages to their customers and should be repealed before the policy takes effect next year, according to two industry trade groups. Last week, the Independent Community Bankers of America dispatched a letter to the government-sponsored enterprise and its conservator, the Federal Housing Finance Agency, stating that Freddie’s assessment of a $7,500 annual fee to lenders who fail to deliver mortgage loans with an aggregate principal balance of more than $5 million or who service mortgages for the GSE with an aggregate balance of at least $25 million “goes too far.” The trade group complained...
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Community lenders are lobbying for significant exemptions to the Dodd-Frank Act and based on their track record and support in Washington, DC, they might be successful. The Community Mortgage Lenders of America released draft legislation this week known as “The Community Mortgage Lenders Act of 2013.” The bill would exempt community lenders from a number of mortgage requirements in the DFA and beyond. The bill defines...
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The Department of Housing and Urban Development has announced the first-ever settlement regarding the treatment of real estate-owned properties in minority neighborhoods. Under an agreement with HUD, the National Fair Housing Alliance and several other fair housing organizations, Wells Fargo will invest a total of $39 million in 45 communities to support neighborhood stabilization and property rehabilitation in minority neighborhoods. The settlement stemmed...
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