A borrower recently filed a lawsuit seeking class-action status against Fannie Mae related to an inquiry made into his credit file after his bankruptcy process was completed. Some attorneys said the case hints at a new type of lawsuit on the horizon stemming from the Fair Credit Reporting Act. Grant Bailey alleges that the government-sponsored enterprise made unauthorized inquiries into his credit after bankruptcy released him from any debt he owed to Fannie. Bailey filed documents in federal court on June 15 stating that the inquiry without his consent was not permissible under the FCRA and did not serve any legitimate business need. These allegations represent...
A new 1 percent home loan product has quietly hit the market to help qualified, cash-strapped borrowers overcome one of the biggest obstacles to homeownership: downpayment. With significant variation in details, the 1 percent down mortgages offered by Quicken Loans and Guaranteed Rate stem from their partnerships with Freddie Mac and are structured as part of Freddie’s Home Possible Advantage program. In Quicken’s version, the borrower pays...
Last week, Ocwen Financial agreed to a $30 million settlement with the Department of Justice regarding two lawsuits that alleged violations of the False Claims Act. The lawsuits alleged that Ocwen Loan Servicing and Ocwen’s Homeward Residential division violated the FCA by falsely certifying their compliance with the Home Affordable Modification Program and FHA insurance programs, thus rendering all HAMP incentive and FHA insurance payments on Ocwen- or Homeward-serviced loans false claims. One of the cases was scheduled...
The New York legislature approved a bill late last week that will require servicers handling loans in the state to maintain vacant properties in certain circumstances. The requirements were strongly opposed by the Mortgage Bankers Association. In general, the new law requires servicers of residential mortgages in New York to complete an exterior inspection of properties within 90 days of a borrower’s delinquency to determine the occupancy status of the property. The law also requires ongoing inspections of properties related to severely delinquent mortgages every 25 to 35 days. If the servicer has a reasonable basis to believe that a property is vacant and abandoned, the servicer is...
There’s a growing concern about price discounts on Ginnie servicing rights, and a strong belief that the agency is once again getting anxious about so many nonbanks being such large players in the market.
Ocwen experienced the greatest percentage decrease in average monthly complaint volume from the first quarter of 2015 to 1Q16. Then again, Ocwen's servicing portfolio has been shrinking.
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