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‘Robo-Signing’ Whistleblower Returns to Haunt Industry, Unseals New False Claim Allegations Against Old Foes

February 13, 2014
The whistleblower who gained fame and a lot of money from suing major banks for “robo-signing” and other improper mortgage servicing practices has filed an amended lawsuit accusing 22 companies of defrauding the Department of Housing and Urban Development of billions of dollars in false FHA claims. Lynn Szymoniak, whose 2011 interview on “60 Minutes” blew the lid off improper servicing practices at some major banks, filed a qui tam, or whistleblower, lawsuit in the U.S. District Court of South Carolina last week alleging violations of the federal False Claims Act and state false claims statutes. Defendants include CitiMortgage, Wells Fargo Bank, Bank of America, Deutsche Bank, HSBC USA, JPMorgan Chase and U.S. Bank, as well as servicers, trustees, custodians and title companies. The lawsuit seeks...
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CFPB Enforcement Increasingly Likely to Originate With Compliance Issues Found During Examinations

February 13, 2014
Mortgage industry attorneys expect to see more Consumer Financial Protection Bureau enforcement actions in the future stemming from compliance deficiencies that were dug up during the supervisory examination process. “One of the things that we saw towards the last quarter of 2013 was a couple of enforcement actions which grew directly out of supervisory exams,” Allyson Baker, a partner in the litigation group at the Venable law firm, said during a webinar this week sponsored by Inside Mortgage Finance. Baker, formerly an enforcement attorney with the CFPB, was referencing...
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FHFA Goes Radio Silent on Mortgage Insurance Eligibility Standards

February 12, 2014
Paul Muolo
The FHFA will show the MI standards to state insurance regulators first, but only if they agree to sign a “non-disclosure” agreement with the FHFA or the government-sponsored enterprises regarding the content they see.
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Short Takes: GSE Reform Legislation: Living the Dream / Mel Watt, the Man Behind the Curtain / The OC Gets Pricey, Again / PHH Mortgage, A Buyer of MSRs? / Ugly Refi Numbers, Ugly

February 12, 2014
John Bancroft, Paul Muolo, and Charles Wisniowski
Since Mel Watt was sworn into a five-year term as Federal Housing Finance Agency director on January 6, the former North Carolina Congressman has made no public appearances or policy statements except for canned comments attributed to him in routine FHFA press releases.
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Some Lenders Still Paying Huge Signing Bonuses for Loan Officers

February 12, 2014
Paul Muolo
One loan officer based in Southern California said he’s seeing bonus offers made to colleagues, but cautioned: “It’s true, but only if you can prove good volume today – not eight months ago.”
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Fed Chairman Yellen: It’s Time to Reform Fannie and Freddie

February 12, 2014
Thomas Ressler
Fed chairman Janet Yellen told legislators: “I think it is really very important for Congress to put in place a new system to address GSE reform. I think we still have a system that has systemic risk."
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IG: Thanks to FHFA, GSEs Leave Rep & Warrant Money on the Table

February 12, 2014
Charles Wisniowski
The FHFA permitted Fannie Mae to continue without the ability to assess repurchase late fees because the GSE claimed the cost of setting up such a program could cost $5.4 million
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Limited Number of Buyers for PHH Mortgage?

February 12, 2014
Paul Muolo
Despite the news concerning a possible sale, PHH’s share price on Wednesday was trading up, but not by much. Its price is still more than $1 below its 52-week high of $26.76.
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Nationstar Hints at Wider Losses, Possible Layoffs

February 12, 2014
Paul Muolo
In a section entitled “Originations: Return to Profitability,” Nationstar mentions “right-sizing operations” to align with volume expectations.
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Short Takes: Is Ocwen Being Picked On? / More ‘Sell and Retain’ MSR Deals Coming / BlackRock Increases Stake in CoreLogic / FHFA Officials Behave with Their Company Credit Cards / 2013, A Good Year for Fannie and Freddie

February 12, 2014
Paul Muolo and Charles Wisniowski
Worried that New York State regulators will throw a monkey-wrench into Ocwen’s mortgage servicing acquisition plans? Don’t be.
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