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Wells Fargo Agrees to Settle REO Anti-Bias Charge

June 14, 2013
Wells Fargo has reached an agreement with the Department of Housing and Urban Development and fair housing advocacy groups to improve its handling of foreclosed and abandoned homes and resolve allegations of discrimination in the maintenance and marketing of real estate-owned properties. The National Fair Housing Alliance and several other fair housing groups filed a complaint with HUD in April last year after observing that Wells’ foreclosed homes in minority neighborhoods did not receive the same treatment and care as the bank’s REO properties in white neighborhoods. The NFHA, which conducted an ...
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Bill Would Allow HECM Changes by Lender Letter

June 14, 2013
The Department of Housing and Urban Development and the reverse mortgage lending industry lauded the U.S. House of Representatives this week for passing bipartisan legislation that would allow the agency to make immediate, necessary changes to the Home Equity Conversion Mortgage Program while working simultaneously on implementing regulations. H.R. 2167, the Reverse Mortgage Stabilization Act of 2012, passed by voice vote after it was added to the House “suspension” calendar, which limits debate on noncontroversial bills for quick passage. Co-sponsored by Reps. Denny Heck, D-WA, and Mike Fitzpatrick, R-PA, the bill responds ...
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CMC: Fear of HPMLs Could Slow FHA Lending

June 14, 2013
The likelihood of new loans exceeding the statutory “high-priced mortgage loan” (HPML) threshold due to a recent policy change relating to FHA mortgage insurance premium payments is causing uneasiness among some lenders, said an industry trade group. This week, the Consumer Mortgage Coalition warned that lenders might not originate FHA-insured loans if they thought the new MIP policy would cause the mortgages to turn into HPMLs and subject them to increased liability. Specifically, the new MIP policy might prevent ...
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HUD Warns Lenders on Missing Partial-Claim Docs

June 14, 2013
The Department of Housing and Urban Development has issued guidance on several FHA issues, including partial-claim documentation and delivery requirements, clarification regarding title approval at conveyance, interest rates for loss mitigation home-retention options, and subordination of partial-claim liens associated with FHA streamlined refinances. Partial Claim Documentation and Delivery Requirements (ML 2013-19. The guidance addresses the problem of many missing FHA partial-claim documents due to lenders’ failure to comply with HUD procedures for ...
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Around the Industry

June 14, 2013
HUD Takes Second Furlough. The Department of Housing and Urban Development this week announced the second of seven furlough days employees are scheduled to take due to mandatory, government-wide budget cuts: June 14. Sequestration went into effect March 1 because Congress failed to pass legislation on balanced deficit reduction. HUD employees took their first forced leave on May 24. Approximately $85 billion will be slashed from the federal budget for the remainder of the fiscal year. The next furlough date is July 5. HUD, however, may not need to ...
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Fenway Summer to Originate Non-QMs via Wholesale Channel, Retain Risk

June 13, 2013
Brandon Ivey
CFPB officials claim that lenders will originate non-qualified mortgages, though industry participants have been skeptical due to the liability involved with such loans. Raj Date, the former deputy director of the CFPB, detailed how his new firm will originate non-QMs.
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FHFA Holds Two-Day, Closed Door Private Meetings with Force-Placed Insurance ‘Stakeholders’

June 13, 2013
Charles Wisniowski
The Federal Housing Finance Agency is holding a two-day, closed-door working group Thursday and Friday with force-placed insurance stakeholders following the FHFA’s recent actions to shutter an insurance proposal by Fannie Mae and its policy proposal to develop a set of force-placed aligned standards.
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Short Takes: HUD, FHA Offices Closed Friday / Mixed Trends for Foreclosure Filings / The Origins of the Name of Raj Date's New Firm

June 13, 2013
Brandon Ivey
HUD and FHA offices will be closed on Friday. Foreclosure activity was up and down in May. And the "nerdy" reference behind Fenway Summer.
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Lenders Fearful of Crashing at the Intersection Of ATR Boulevard and Fair Lending Expressway

June 13, 2013
Mortgage lenders are increasingly anxious that they may be blindsided by fair lending claims based on the disparate impact theory as they try to keep their business within the safe harbor for qualified mortgages under the new ability-to-repay rule. “My concern is about who’s going to do a QM and who’s going to do [non-QM] ability-to-repay, and how can we somehow get a disparate impact out of this?” said Charles Lewis, vice president of compliance services at the Missouri Bankers Association. Speaking at the American Bankers Association’s regulatory compliance conference in Chicago early this week, Lewis urged...
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Experts: GSE Shareholders Face ‘Heavy Lift’ in Suit Against Government Takeover of Fannie and Freddie

June 13, 2013
The federal government seized control of Fannie Mae and Freddie Mac by extra-legal means during the 2008 financial crisis and then went out of its way to curtail the two government-sponsored enterprises’ profits while unjustly denying GSE shareholders just compensation for their deliberately devalued holdings, according to a lawsuit filed this week. The suit filed by GSE shareholders in the U.S. Court of Federal Claims in Washington, DC, asserts the takeover of Fannie and Freddie by the Federal Housing Finance Agency was “unlawful and unwarranted” and an unconstitutional violation of due process which cost investors billions of dollars. “Even if a statutory basis existed...
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