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DS News April 2019

DSNews delivers stories, ideas, links, companies, people, events, and videos impacting the mortgage default servicing industry.

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70 I N D U S T R Y I N S I G H T / D E N I S B R O S N A N GSE reform may be the new "third rail" of American politics, and maybe that's not such a bad thing. When Congress gets involved, regardless of your perspective, the old adage applies: be careful what you wish for. For all of the warts of the GSE system, we see the outcomes of its traditional goals—preserving market liquidity and promoting homeownership—in our communities every day. e means may not be pretty, and there are probably a million ways to improve if not replace it outright, but the ability of the GSE system to aggregate capital towards these ends does work, it's what we've got, and I believe we should be thankful in that regard. Another less noticed but valuable role of the GSEs is that of "market moderator," especially as it relates to the servicing of mortgage loans. Servicing is a complex business, requiring expertise, tools, and processes that span from soliciting and collecting payments, to aggregating and accounting for investor remittances, all the way to satisfying borrower issues and resolving defaults. For years, the GSEs have provided uniformity of process for servicers on their loans through their servicing guides, their oversight and advocacy mechanisms, and their technology investments. For the GSEs, the payoffs of these efforts are obvious: uniformity and predictability are essential to managing and forecasting the performance of their enormous portfolios. While market participants may be less sure, there are many benefits that flow to them as well from the rational marketplace encouraged by the GSEs' moderating role. Over the years, the GSE programs have created controversy and yielded mixed results. In the 1990s, the GSEs developed "designated counsel" programs, promising better results and more rapid reimbursement of expenses to servicers who used their pre-approved foreclosure attorneys. I can still vividly recall witnessing as a young lawyer the uproar this caused in the legal community at conferences GUARDING THE MARKET

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