The Supreme Court last week issued a ruling that favors second-lien holders in cases involving negative equity and Chapter 7 bankruptcy. Industry analysts caution that Supreme Court justices look eager to rule differently if a similar case reaches the court. The cases considered were Bank of America v. Caulkett and Bank of America v. Toledo-Cardona. In both cases, borrowers in a negative equity position on their second liens sought to void the second liens ...

Ocwen Financial’s servicing of certain mortgages in non-agency mortgage-backed securities remains at risk due to a downgrade watch issued last week by Standard & Poor’s. Officials at Ocwen said they were surprised by the announcement while noting that Moody’s Investors Service upgraded various ratings relating to the nonbank. S&P said it placed servicer ratings for Ocwen on watch for downgrade last week due to regulatory scrutiny of the company, results from ...

Underwriting standards on jumbo mortgages tightened slightly in May compared with the previous month, according to the Mortgage Bankers Association. The results reversed six consecutive months of looser jumbo underwriting. Two-thirds of the 182 banks recently surveyed by the American Bankers Association said their originations in 2014 included non-qualified mortgages. Non-QMs accounted for 10 percent of the banks’ originations ... [Incluides three briefs]

Consumer education and community outreach by lenders have kept VA originations on an upward trend in the first quarter of 2015, according to Inside FHA/VA lenders ended the first quarter with $36.5 billion in total originations, a 5.8 percent increase from the fourth quarter of 2014 and up a whopping 86.0 percent from the same period last year. Purchase loans comprised 61.5 percent of VA loans produced during the quarter while streamlined refinance loans accounted for the rest. Seventeen lenders, including two of the top five VA producers, focused a significant portion of their first-quarter activities on refinancing. The rest either led with their purchase business or had a balanced mixof purchase and refi loans. Top-ranked Freedom Mortgage’s total originations were 90.5 percent refis, which officials attributed to lower interest rates and a robust team of ... [1 chart].

The VA maintained a sizeable lead in first-lien mortgage refinancing over FHA and private mortgage insurers in the first quarter of 2015 but yielded to both in purchase originations during the same period. According to the Inside Mortgage Finance database, mortgage lenders originated approximately $221.0 billion of refi loans in the first quarter, a 51.4 percent increase from a revised fourth-quarter production estimate of $146.0 billion. Of first-quarter mortgages securitized by Fannie Mae, Freddie Mac and Ginnie Mae, refi loans comprised 61.4 percent, up sharply from 37.6 percent for all of 2014. VA streamline refis accounted for $20.4 billion while FHA refis made up $12.2 billion of refis pooled in agency mortgage-backed securities. FHA’s refi production jumped 57.8 percent in the first quarter. On the other hand, refi loans with private MI accounted for $14.2 billion produced during the ...

First Tennessee Bank’s agreement with federal agencies to pay $212.5 million to resolve allegations of violation of the False Claims Act is the latest proof of the government’s unrelenting pursuit of FHA lenders over underwriting and quality control issues. The settlement once again demonstrates the federal government’s commitment to combat FHA fraud using the FCA to recover taxpayer losses, according to an analysis by Boston law firm Greene LLP. “[The Department of Housing and Urban Development] made a point of saying that this behavior is exactly what led to the financial crisis and housing market downturn,” Greene’s compliance attorneys said. HUD and the Department of Justice have vowed to continue to pursue and hold accountable lenders who put profits ahead of their customers and legal obligations, the attorneys added. According to the DOJ, First Tennessee, a regional bank, admitted ...

Consumer education is the key to VA’s growing origination volume, according to a top executive of a VA-certified lender. “It has to do more with increased awareness of VA loans and their benefit to veterans,” said Jonathan Schrum, vice president at Commerce Home Mortgage, a VA lender in Huntington Beach, CA. Awareness comes with education, and one can go to any network or cable channel or print publication and see advertisements for loans with a VA guaranty, said Schrum. “There are many veterans and service members out there who don’t know what loan programs are available to them and what they can do,” he observed. “So I think it’s word of mouth, talking about it ourselves and getting the word out there about VA loans as much as we can.” The VA loan is such a specific product that a borrower needs to know what it is – the funding, fees, percentages for disabled vets – they need to ...

The Department of Veterans Affairs expects to issue a final rule establishing ability-to-repay (ATR) standards and defining a “qualified mortgage” in October, according to the agency’s regulatory agenda for the second half of 2015. Proposed in May 2014, the rule would implement provisions of the Dodd-Frank Act, which, among other things, would require the VA to define the types of loans that are QMs under the new ATR provisions of the Truth in Lending Act. VA loans that are designated as QM would have either safe-harbor protections or the presumption that the borrower is able to repay the mortgage loan, in accordance with the new ATR provisions. The final rule would not change VA’s regulations or policies regarding mortgage originations, except when lenders want to originate QMs, the VA said. A VA spokesman clarified that action dates on any particular rulemaking are not ...

The FHA is planning to propose a number of rules for the single-family mortgage insurance program through the second half of 2015 and is expecting to act soon on a long-anticipated rule on seller concessions. In its semiannual regulatory agenda, the FHA appears poised to take final action this month on a five-year-old proposed rule seeking to lower FHA seller concessions or contributions toward a buyer’s closing cost. The proposed rule is one of three FHA initiatives to help restore the FHA’s Mutual Mortgage Insurance Fund, which was severely depleted during the housing crisis. Similar to what was proposed in the President’s FY 2012 budget, the proposed rule would limit concessions to 3 percent or $6,000, whichever is greater. The proposal would limit acceptable use of concessions to borrower closing costs, prepaid items, discount points, FHA upfront insurance premium and ...

Total originations of reverse mortgages with FHA insurance increased in the first three months of 2015, according to an Inside FHA/VA Lending analysis of agency data. Home Equity Conversion Mortgage production, overall, rose 3.0 percent to $3.9 billion from the fourth quarter of 2014 and was down 2.0 percent on a year-over-year basis. HECM purchase loans far outpaced refinances, which accounted for only 14.5 percent of total HECM volume in the first quarter. Lenders reported a total of $2.3 billion in initial HECM principal amount at loan origination. Meanwhile, there is continued investor interest in HECM mortgage-backed securities (HMBS), according to Ginnie Mae. The unpaid principal balance of HMBS climbed to $48.9 billion in FY 2014 and the number of participations (the funded portions of HECM loans that have been securitized) has increased to 6,585, 856. HMBS issuance was ... [1 chart]