The nature of mortgage fraud evolved over the past few years, and unless mortgage companies adapt to keep pace, they increasingly risk exposing themselves to fraud-driven losses, according to the auditing firm of PriceWaterhouseCoopers. “In the past, mortgage fraud largely occurred in the loan origination process. But with the sharp increase in mortgage defaults, fraudsters have evolved their schemes to target default servicing,” PWC said in a new white paper. “Now, more fraud is occurring among loan ...

In an effort related to the national mortgage servicing settlement, Bank of America announced last week that it has pre-qualified 150,000 borrowers to receive full extinguishments of their second-lien mortgages. Banks have been slow to modify second liens because their performance remains relatively strong even as borrowers struggle with first liens and negative equity. BofA said the full balance of second liens owned and serviced by the bank will be forgiven and the bank’s lien on the corresponding property ...

Servicers have seen increasing success with loan modification efforts in recent quarters, according to an Inside Mortgage Trends analysis of data released last week by the Office of the Comptroller of the Currency. While mod characteristics and performance vary widely, re-default rates largely appear to be tied to reductions in borrowers’ monthly payments. Re-default rates on mods completed in the past year are well below comparable rates for mods completed in 2008 and 2009. Some 44.7 percent of loans modified ...

The unrelenting pressure to comply with industry regulations and standards is the greatest factor impacting eMortgage and paperless mortgage initiatives, according to a survey by Xerox Mortgage Services. Xerox’s eighth annual Path to Paperless survey found that an ample 86 percent of industry respondents looked to a technological solution to avoid being caught on the wrong side of regulatory enforcement. Mortgage laws, regulations and standards continue to evolve in a direction toward ...

The question whether the mortgage interest deduction is worth keeping elicited mixed reactions from economists and housing market experts during a recent discussion about how to bring private capital back into the mortgage market. Participants in a panel discussion hosted by the Progressive Policy Institute and the American Action Forum took up the issue after Republican presidential candidate Mitt Romney, the day before, suggested cutting the mortgage interest deduction as part of an overall plan to equalize tax ...

Single-family mortgage securitization by Fannie Mae and Freddie Mac increased sharply during the third quarter of 2012, according to a new Inside Mortgage Finance ranking and analysis. New production of mortgage-backed securities by the two government-sponsored enterprises rose 22.4 percent from the second quarter, driven by a hefty 19.4 percent increase in refinance business. Refinance loans accounted for 76.9 percent of GSE securitization during the period, and the dollar volume of refi loan sales rose 19.4 percent from the second quarter. Fannie posted...[Includes three data charts]

The conservator of Fannie Mae and Freddie Mac has been lax in its oversight of business decisions made by the two government-sponsored enterprises and lacks a formal verification process to keep the two companies honest, according to a new audit by the Federal Housing Finance Agency’s official watchdog. The FHFA’s Office of Inspector General found numerous instances where the FHFA didn’t ask the companies and the two GSEs didn’t tell the agency about significant business decisions, even when such approval was required. “FHFA-OIG found that FHFA did not require...

The Consumer Financial Protection Bureau has been discreetly broadening its influence on statutory and regulatory interpretations through its largely unannounced filing of amicus curiae briefs in a handful of important cases brought by private litigants, according to an analysis of the CFPB’s legal activity by two leading industry attorneys.Since December 2011, the bureau has filed six such “friend-of-the-court” briefs in federal appellate cases, always assuming the role of steadfast consumer advocate, according to a review of the briefs by Arthur Axelson and Jeffrey Jamison, senior counsel and associate, respectively, with the Dykema law firm. In fact, “in several of its amicus curiae briefs, the CFPB has even sought to reverse a general consensus among the federal appellate courts,” the pair noted. In Birster v. American Home Mortgage Services, Inc., filed Dec. 21, 2011, in the 11th Circuit Court of Appeals, the question of interest to the bureau was whether activity surrounding foreclosure is immune from the Fair Debt Collection Practices Act. The CFPB argued that it is not. In Marx v. General Revenue Corp., filed Jan. 26, 2012, in the 10th Circuit Court of Appeals, there were...

If a mortgage lending industry that remains anxious about regulatory overkill wants to capture the attention of regulators and policymakers and convince them to lighten up, it will make more of an inroad talking about how those regulations will hurt consumers as opposed to lamenting the impact on companies themselves, a top industry official said this week. Among the regulatory rulemakings keeping mortgage industry representatives up at night are the Basel III proposal, the pending qualified mortgage rule, the qualified residential mortgage rule, the repurchase rule and the loan originator compensation rule, according to Mortgage Bankers Association President and CEO David Stevens. However, “The real thing that I think all of us have to be vocal and adamant about as we talk about these rulemakings, is...

MGIC Investment announced late last week that it won certain concessions from Freddie Mac and the two are working to resolve a dispute regarding mortgage insurance pool pricing by the end of this month. Freddie cut a required capital contribution by MGIC Investment in half and allowed a significant expansion of the number of areas in which an MGIC subsidiary can write new business. “I am pleased with the spirit of cooperation all parties have shown in moving forward to reach this point,” said Curt Culver, chairman and CEO of MGIC Investment and Mortgage Guaranty Insurance Corp. “While there can be no guaranty that the open matters that remain can be successfully resolved, I am hopeful we will continue to make progress.” In May, MGIC filed...