One of the objectives in resolving the conservatorships of Fannie Mae and Freddie Mac should be minimizing the risk of market disruption in transitioning to the replacement system, according to industry executives. The Mortgage Bankers Association’s latest proposal for fixing the two government-sponsored enterprises is largely predicated on recent developments in the GSE world, including the first stage of the common securitization platform, extensive product standardization between the two, and the rapid acceptance of credit-risk transfer structures. Those are...
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Can the financially troubled and regulator-challenged Ocwen Financial survive? It’s not an unfair question given its most recent travails and this week’s news that it struck a $425.0 million transaction “in principle” to sell some of the cash flows on $117 billion in mostly non-agency servicing rights to New Residential Investment Corp. As the weekend approached, analysts that follow the company were speculating that Ocwen is going through what looks like a controlled liquidation, selling off assets – mostly the cash flow stream on its servicing portfolio – and buying time while it fights regulatory sanctions in 31 states. The company is...
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The Supreme Court of the United States this week ruled in favor of Miami in a case involving losses the city claimed were related to “predatory mortgages.” The ultimate impact of the ruling remains unclear, as the lawsuits will proceed in a lower court, potentially fizzling out or leading to a plethora of similar claims. In Bank of America v. City of Miami, BofA and Wells Fargo challenged lawsuits brought under the Fair Housing Act. The city alleged that discriminatory conduct by the banks in their origination of predatory mortgages before the financial crisis led to a disproportionate number of foreclosures and vacancies in majority-minority neighborhoods. Miami said the loans and foreclosures impaired the city’s effort to assure racial integration, diminished its property-tax revenue and increased demand for police, fire and other municipal services. In a 5-3 ruling supported by the Supreme Court’s more liberal-leaning justices, the court determined...
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The House Financial Services Committee this week began marking up the Republican majority’s alternative to the Dodd-Frank Act, H.R. 10, the Financial CHOICE Act, introduced late last month by committee Chairman Jeb Hensarling, R-TX. As previously reported, the bill would make numerous changes to the mortgage lending regulatory landscape, and eliminate the Consumer Financial Protection Bureau’s rulemaking, supervisory and enforcement authority, among other significant changes. As Inside Mortgage Finance went to press, lawmakers of both parties were squabbling...
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Six months ago, New Residential Mortgage didn’t own any mortgage servicing rights, though it was active in the market as a buyer of excess servicing and in other forms. It ended March 2017 as the sixth-largest servicer in the industry, according to a new Inside Mortgage Finance ranking, and that is probably some kind of record. New Residential reported owned MSR on $252.0 billion of mostly Fannie Mae and Freddie Mac pools at the end of the first quarter. During the first three months of the year, it acquired $92.5 billion of servicing from CitiMortgage and smaller chunks from United Shore, Residential Credit Solutions and Walter/Ditech. Its reported first-quarter total appears to include a $67.0 billion buy from PHH Mortgage that has not yet closed. In addition, New Residential held...[Includes two data tables]
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Freddie Mac continued to make a profit in the first three months of 2017 but its net income slipped to $2.2 billion, a 54.2 percent sequential decline from the previous quarter, according to the government-sponsored enterprise’s earnings statement published this week. The GSE attributed the decline to a reduction in market-related gains with interest rates and spreads remaining steady. There were fewer refinance transactions, and non-cash hedging gains disappeared during the quarter. Freddie’s core business of collecting guarantee fees continued...
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Mark Filler, CEO of “fix and flip” lender Finance of America Commercial, Chicago, has parted ways with the company two months after its parent company bought his firm, Jordan Capital, and merged it with another lender in the space. According to sources close to Filler, his departure came as a surprise. When the deal was first struck in February, Filler was put in charge of FOAC, which combined Jordan with B2R Finance. When the merger was announced, Filler looked...
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Congress should consider comprehensive reform in six areas to improve the solvency of the National Flood Insurance Program and improve resilience to flooding, according to a new report from the Government Accountability Office. The report comes in the wake of bipartisan legislation introduced last week in the Senate to reauthorize the NFIP and to broaden participation of private insurance in the flood insurance market. The program’s current authorization will expire in September this year. The GAO recommended...
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The Consumer Financial Protection Bureau last week warned that a large downpayment alone is not enough to prove the ability to repay a non-qualified mortgage when the loan was underwritten based on the consumer’s assets. “As an initial matter, a downpayment cannot be treated as an asset for purposes of considering the consumer’s income or assets under the ATR rule,” said the CFPB. “The ATR rule requires creditors to consider a consumer’s reasonably expected income or assets, ‘other than the value of the dwelling, including any real property attached to the dwelling that secures the loan.’” Further, while the size of a downpayment generally affects the loan amount, the ATR rule already accounts...
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