The Treasury Department announced harsh penalties this month for fraudulent activity uncovered in the Home Affordable Modification Program. In an unprecedented move for HAMP, the Treasury said that in certain circumstances it will recapture servicer, borrower or investor incentives previously paid. The Treasury said it hired a contractor to look for borrower fraud regarding identity, occupancy requirements, and certain criminal activity that the Dodd-Frank Act determined would make a borrower ineligible for HAMP. If the servicer cannot clear the borrower of the potential HAMP violation, the borrower’s HAMP mod will be rescinded along with any associated incentive payments. Beginning in October, the contractor will review...

The Federal Housing Finance Agency has hired PricewaterhouseCoopers to develop a plan for taking Fannie Mae, Freddie Mac and the Federal Home Loan Banks into receivership. The FHFA reports it has entered into a contract with PricewaterhouseCoopers to create a blueprint for liquidating Fannie, Freddie or any of 12 Federal Home Loan Banks, if ever necessary. But it is all part of routine planning activity under the agency’s mission, said a spokesperson. “The FHFA has engaged in...

The semiannual regulatory agenda released last week by the Consumer Financial Protection Bureau indicates the regulators have a very full plate and a tight January 2013 deadline. That means mortgage lenders will be just as busy trying to figure out what the new rules mean and how to comply with them. The most recent high-profile mortgage-related projects at the bureau include a detailed proposed rule to harmonize and streamline the mortgage disclosures that homebuyers must be given under the Real Estate Settlement Procedures Act and the Truth in Lending Act. In draft form, this one proposal ran more than 1,000 pages in length and has already raised industry hackles. Comments on the rule are due Nov. 6, 2012. The bureau also released...

Are tough appraisal standards putting the brakes on rebounding home prices in many parts of the country? Yes, but in areas where cash transactions account for close to half of all residential purchases home prices are climbing at an alarming rate that indicates the potential for regional housing bubbles. These are some of the major findings contained in the June results of the Campbell/Inside Mortgage Finance HousingPulse Tracking Survey. The big news in the housing market these days is the rebound...

Mortgage lending representatives say the Consumer Financial Protection Bureau should not publish unreliable data on complaints about noncredit-card financial products that will mislead rather than inform consumers, and that it should permit more time to resolve mortgage complaints before posting such complaints publicly. “We find the bureau’s decision to publish details of complaints which it correctly characterizes as unverified, and therefore unreliable, to be contrary to its mission to help consumers ‘with timely and understandable information to make responsible decisions about financial transactions’ and inconsistent with its proclamations to be ‘data-driven,’” the American Bankers Association said in a comment letter to the CFPB. The proposed disclosure of complaints about mortgages and other financial products exacerbates...

Lenders’ experiences with repurchase requests from the government-sponsored enterprises appear to have diverged in recent months, with big banks emerging fairly confident in their dealings with the GSEs. Other lenders, meanwhile, appear to have started to have significant interactions with Fannie Mae and Freddie Mac on the issue only recently. Wells Fargo had a decrease in GSE repurchase requests in the second quarter of 2012 compared with the previous quarter but the lender increased its repurchase reserves by $239 million during that time due to an increase in expected demands from the GSEs regarding 2006 to 2008 vintages. “We continue to see...

New home loan originations in the second quarter of 2012 were up 5.2 percent from the first three months of the year, according to a new Inside Mortgage Finance ranking and analysis. Production trends varied significantly among the top lenders, however, and early estimates suggest that lenders further down the food chain may be picking up market share. Wells Fargo is still effectively lapping the field with more than double the origination volume of its nearest rival, but the industry leader managed a relatively modest 0.8 percent increase in production while its three closest competitors all reported double-digit gains. Although Wells may be mothballing some firepower by shutting down its wholesale broker business, the company was...[Includes two data charts]

Moody’s Investors Service last week issued a request for comment, in which the firm proposes to update its published methodology covering Moody’s approach to Servicer Quality assessments for primary servicers of residential mortgage loans in the U.S. The key changes proposed include augmenting servicer data with more timely trust data, applying a formal weighting system to the assessment factors, applying a more positive treatment to modified loans, and adding a re-default rate to those modified loans. Once the proposed...

House of Representatives. Regulatory Confidentiality Bill Introduced. Earlier this month, Reps. James Renacci, R-OH, and Ed Perlmutter, D-CO, introduced H.R. 6125, a bill that would revise the Federal Deposit Insurance Act to provide protections to documents and information submitted by banks and nonbanks to the Consumer Financial Protection Bureau and to state bank and financial regulators. The measure has been referred to the House Financial Services Committee. H.R. 4014, a similar bill, passed the House...

When Mortgage Electronic Registration Systems is in the news, it’s usually racking up another court victory. Not this time. MERS recently agreed to make a number of changes to its practices – including regular reports on the accuracy of its records – as part of a settlement of a lawsuit that Delaware Attorney General Beau Biden filed against it last year. Among the changes MERS agreed to was to maintain a database that will enable homeowners whose mortgages are held by MERS members to see who owns and services...