Should nonbank special servicers have more regulations?

Should nonbank special servicers have more regulations?

Kernersville, NC · Member since 2014 · 15 posts · 1 vote

I've been reading a lot on housing wire, nasdaq, market watch, and mortgage orb, and it seems a big discussion occurring is whether or not nonbank servicers should have more regulations.

Here is what I learned

  • nonbank special servicers wield $1.4 trillion in mortgage servicing rights out of a nearly $10 trillion market
  • nonbanks use short-term financing to buy servicing rights for troubled mortgage loans that will likely not pay off until difficulties resolve in the long-term
  • Infrastructures might not be able to handle the responsibility of servicing large volumes of mortgage loans
  • 17% of the 30 largest mortgage servicers were not banks
  • nonbank special servicers more susceptible to economic downturns that could increase nonperforming loans that require servicer loss mitigation
  • nonbank servicers don't require same capital levels as a large bank lender
  • reason for standards for banks was deposit insurance and the sense that IDIs could impose risks on taxpayers (not applicable to non-banks)
  • A recent report from Fitch Ratings suggests rise of nonbank servicers threatens private-label residential mortgage-backed securitizations (nonbanks now service 74% of all private-label securities by loan count)
  • higher risk to GSEs buying from nonbanks due to a counterparty that may default on financial obligations (representation and warranty obligations)

Elizabeth Warren, instrumental in formation of the CFPB is pushing for study on nonbank servicers.

I know there is a variety of different professionals on BP, and I'm trying to understand and, more importantly, weigh all the pros and cons and consequences that would occur if the FHFA were to impose stricter regulations on nonbank servicers.

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  • Real Estate Investor · Lansdowne, PA · Member since 2013 · 1k+ posts · 656 votes
    11y

    Great topic @Barbara E. I'll wait a while to see what good replies are to follow.

    Kudos,

    Mary

  • Investor · Dallas, TX · Member since 2014 · 2k+ posts · 1k+ votes
    11y

    The reality is that banks have been heavily regulated and restricted, with regard to mortgage originations, since the subprime debacle.  In some regards that is a very good thing.  For instance, banks - particularly the big banks - have been forced to increase their loan loss reserves.  Those same regulations also prevent banks from playing fast & loose with appraisals and from offering some of the lending products that caused a lot of the problem.  As federally insured - meaning tax payer insured - institutions, they should not be able to act like their capital is nothing more than Monopoly Money.

    All of the major banks - Chase, Wells (by virtue of their acquisition of Wachovia), BofA, and JP Morgan Chase - got slammed with huge penalties and fines. They should have, because monetary penalties are the only things they will respond to. However, the result has been a toddler-esque response. They have withdrawn from doing the things they need to do to. Case in point, there are still millions of defaulted mortgages those same banks simply won't move on, because they are afraid of violating foreclosure laws. There are a multitude of REO properties doing nothing but sitting on the books of those same banks as non-performing assets, because they are afraid of regulations and public perception. And, perhaps the biggest resulting problem of the enhanced regulation, those banks severely cut back on the available funding for mortgages.

    Additional regulation is not the answer.  It seldom ever is.  Accountability is the answer.  These non-bank lenders are filling a need and providing otherwise unavailable origination volume.  They are already subject to the same regulations as a bank under Dodd-Frank, Garn-St Germaine, and CFPB.  They ARE NOT federally insured.  Therefore, no one should expect any of them will get a bailout, if they are stupid &/or greedy.  They fulfill a need in a niche of the mortgage origination & servicing industry - and make no mistake...it is an industry.

    Elizabeth Warren is no friend of investors, business or a free market economy.  The last thing we need is additional regulation.

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