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DASP Poses Great Risk to Investors, Servicers

August 3, 2012
As the Department of Housing and Urban Development prepares for a planned single-family loan sale in September, questions remain as to how successful the Distressed Asset Stabilization Program will be, given its restrictions and additional certification requirements. Legal experts say that the servicer and investor participation requirements are so onerous that the DASP would seem a little more than a sound bite. The DASP expands an earlier pilot program that allows private investors to purchase pools of nonperforming mortgages at a discount before ...
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Galante Confirmation Still Up in the Air

August 3, 2012
A much-anticipated Senate vote on the nomination of Carol Galante as FHA commissioner and assistant secretary of housing with the Department of Housing and Urban Development failed to materialize this week, reportedly due to the continuing Republican efforts to block her appointment. Word spread that a vote would take place after Senate Majority Leader Harry Reid, D-NV, and Senate Minority Leader Mitch McConnell, R-KY, last week tentatively agreed to vote on the nomination sometime this week. But that has not happened. Both positions have been vacant since ...
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Around the Industry

August 3, 2012
Revised VA HAMP. The Department of Veterans Affairs has updated the instructions for modifying mortgage loans with a VA guarantee. Changes include clarification concerning occupancy status, an updated reference to another VA guidance on prior approval procedures and extension of the applicability of the said guidance. The changes were announced in Circular 26-10-6. New VA REO Management and Servicing Contractor. The Department of Veterans Affairs has provided details for transferring VA property management (real estate-owned) and portfolio loan servicing contracts for the VA home loan guaranty program from ...
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FHFA Rejects GSE Principal Reduction, New Analysis Also Finds Fannie, Freddie Writedowns Costly to Taxpayers

August 2, 2012
Despite intense lobbying and political pressure from the Obama administration and Congressional Democrats, the Federal Housing Finance Agency announced this week it will hold fast to its original conclusion and not agree to Treasury Department requests to allow Fannie Mae and Freddie Mac to offer principal forgiveness modifications. Despite the incentives offered by Treasury to pay the government-sponsored enterprises to write down principal under the Home Affordable Modification Program using Troubled Asset Relief Program funds, FHFA Acting Director Edward DeMarco concluded the benefits of implementing HAMP’s Principal Reduction Alternative did not outweigh the risks to the taxpayer-backed GSEs. “Given our multiple responsibilities to conserve the assets of Fannie Mae and Freddie Mac, maximize assistance to homeowners to avoid foreclosures, and minimize the expense of such assistance to taxpayers, FHFA concluded...
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Help on Buybacks?

August 2, 2012
In a letter to Congressional leaders, the FHFA shed a little more light on its efforts to address GSE buybacks. Fannie and Freddie are developing...
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Mixed Results in the Servicing Market: Wells Keeps Growing While Others Keep Shrinking

August 2, 2012
Wells Fargo continued to climb toward the $2 trillion servicing mark – a place only one other firm has been – while its nearest competitors in the mortgage servicing business did not originate enough new business to replenish their runoff during the second quarter. Wells reported $1.863 trillion in mortgage servicing at the end of June, up 1.2 percent from the previous quarter. While the company has fine-tuned its origination strategy, including a recent decision to quit the wholesale broker market, it has consistently generated more than enough new business to grow its servicing portfolio at a time when new house prices have tumbled, the cash-out refinance market has evaporated and originations have been under pressure. According to a new Inside Mortgage Finance ranking and analysis, Wells has increased...[Includes one data chart]
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Sen. Merkley’s Refi Proposal Would Require Fee From Lenders, Consideration of All Borrowers

August 2, 2012
A large-scale refinance program proposed by Sen. Jeff Merkley, D-OR, would rely on a “risk transfer fee” for lenders and require participating lenders to consider all potential borrowers for the program. The “Rebuilding American Homeownership” program has support from the Obama administration, though analysts suggest approval from Congress is unlikely. Merkley recently proposed the RAH program to help “virtually all” non-delinquent borrowers with negative equity to refinance into a mortgage with a lower interest rate. The program could be based on a one-time federally-backed structure, similar to the Home Owners’ Loan Corp. established by the federal government during the Great Depression. The RAH trust would sell...
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Lenders to Learn about UDAAP From CFPB Exams, Combined Disclosure Rule Raises Many Questions

August 2, 2012
One of the many concerns mortgage lenders have with the powerful and still largely untested Consumer Financial Protection Bureau is the expanded standard of “unfair, deceptive and abusive acts and practices” created by the Dodd-Frank Act – and how the CFPB is going to enforce it. Unfortunately, they’re more likely to learn about it on the fly during the examination process than they are in advance through careful, formal rulemaking or supervisory guidance, according to one of the presenters during an Inside Mortgage Finance webinar last week on the CFPB’s regulatory and supervisory landscape. “What I think you’re seeing develop here is examination beyond regulation, and the CFPB’s examination authority and supervision authority goes beyond...
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CA Homeowners File Class-Action RICO Lawsuit Against JPMorgan for Charging Excessive Default Servicer Fees

August 2, 2012
A group of San Francisco-area homeowners has filed a federal RICO class-action lawsuit against JPMorgan Chase, alleging the company charges inflated fees to homeowners who go into default. In a suit filed last week in the U.S. District Court, Northern District of California, the three named plaintiffs, Diana Ellis, James Schillinger and Ronald Lazar, accuse JPMorgan of violating California business standards law. The suit also says JPMorgan’s use of mail and wire communications to perpetuate its fraud against homeowners violates the federal Racketeer Influenced and Corrupt Organizations Act. The homeowners contend that JPMorgan is using...
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Lawmakers Concerned About CFPB’s Impact On Small Business in the Mortgage Industry

August 2, 2012
Consumer Financial Protection Bureau Director Richard Cordray this week sought to allay the concerns of some members of Congress that small businesses in the mortgage industry and other sectors are about to be overwhelmed by regulatory overload. One of the main issues in this regard being considered by the House Small Business Committee is the CFPB’s recent proposal to integrate and simplify the consumer disclosures mandated by the Truth in Lending Act and the Real Estate Settlement Procedures Act. “Our committee is interested in how the regulations will affect...
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