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DOJ’s Top FCA/FIRREA Prosecutor Agrees to Another Term at SDNY

January 20, 2017
Preet Bharara, the Department of Justice’s top prosecutor of FHA fraud and legacy mortgage-backed securities cases, has accepted President Donald Trump’s request to stay on as US Attorney for the Southern District of New York. The question is whether Bharara, who was nominated by President Obama in 2009, will be as aggressive as he was under the previous administration in holding FHA lenders accountable for faulty business practices that result in huge taxpayer losses. Since 2009, Bharara’s aggressive enforcement has resulted in cases filed against large and regional FHA lenders alleging fraud in violation of the False Claims Act and the Financial Institutions Reform, Recovery, and Enforcement Act. Except for two cases that went to trial, all the other FCA/FIRREA cases against FHA lenders ended in consent orders and huge settlements. The DOJ’s (and Bharara’s) vigorous enforcement of the two statutes, both of which provide for hefty monetary penalties, have forced many larger banks to exit the ...
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HFAs to Benefit from FHA Premium Cut, Wage Growth Says Moody’s

January 20, 2017
The 25-basis-point decrease in the FHA’s annual insurance premiums translates not only to annual savings for homeowners but also boosts the competitiveness of housing finance agency loan products, according to a new report from Moody’s Investors Service. The report regards the latest FHA pricing adjustment as credit positive for housing finance agencies (HFAs) because it would make FHA loans more affordable to borrowers and increase HFA loan originations. The announcement to reduce the annual mortgage insurance premium to its lowest allowable level took stakeholders by surprise. In November, FHA had no plans to lower premiums despite an uplifting actuarial report on the condition of the Mutual Mortgage Insurance Fund. This week, however, there is uncertainty as to whether the Trump administration will allow the reduced premiums to take effect for new loans closing on or after ...
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Ex-FHA Chief Suggests Common Standards for FHA, VA, USDA, GSEs

January 20, 2017
A former FHA commissioner is calling for a common national housing policy and regulations, as well as aligned capital standards for FHA and the government-sponsored enterprises in lieu of the current regulatory regime – an idea first put forth by the Mortgage Bankers Association. Brian Montgomery, former assistant secretary for housing and FHA commissioner in the second Bush administration, said the nation’s homebuyers are at a disadvantage due to the lack of a unified, detailed plan for the housing finance system. Montgomery, a current contender for a top executive position at the Department of Housing and Urban Development, urged President Trump to create a new Office of National Housing Policy to develop a “unified and collaborative approach to our nation’s housing policy, including homeownership and subsidized rental housing.” “The prevailing view within the ...
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E-Submission Required for VA Prior-Approval Loan Documents

January 20, 2017
Effective Feb. 13, 2017, VA lenders will be required to submit prior-approval mortgage loans electronically through the WebLGY system to improve the prior-approval process. Currently, lenders mail their prior-loan approval packages to the regional loan center that has jurisdiction over loan underwriting – a tedious, time-consuming process. Electronic submission will help speed things up, the VA indicated. Lenders must follow the guidelines for prior approval and stacking order in the VA’s Lender Handbook. In addition, lenders must furnish a cover letter with the uploaded package stating the reasons for the prior approval and explaining any unique circumstances. The cover letter also must include the submitting underwriter’s name, phone number and email address as well as contact information for the underwriter’s manager. The lender must ensure that the file contains the correct and complete ...
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Around the Industry

January 20, 2017
Nonprofits Seek FHA Data on Reverse Mortgage Foreclosures at Steve Mnuchin’s Former Bank. Two nonprofit groups have submitted a Freedom of Information Act request regarding Financial Freedom’s history of reverse mortgage foreclosures. Financial Freedom is a reverse mortgage service owned previously by Steve Mnuchin, President Donald Trump’s nominee for U.S. Treasury Secretary. The two groups, California Reinvestment Coalition and the Jacksonville Area Legal Aid, Inc., have asked the FHA for data on Home Equity Conversion Mortgage foreclosures. The data request includes the number of HECM foreclosures in each state by the industry as a whole, and by Financial Freedom since April 2009, as well as the number of spouses who have invoked FHA’s option to remain in their homes after the death of their borrower spouse. NY Governor Announces Plan to Protect Seniors from ...
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A Mixed Quarter for the Banks: Decent Production, Sweet MSR Marks but Unclear Road Ahead

January 19, 2017
The nation’s largest banks revealed better-than-expected residential origination figures (for some) and mouth-watering markups on the value of their servicing portfolios. That’s the good news. But it wasn’t all wine and roses. On the servicing front, BOK Financial revealed that fourth quarter income was reduced by $17.4 million because it left servicing-related hedges on the books for too long, betting that rates would stay low for an extended period of time. PNC Bank saw...[Includes one data table]
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If Trump Cuts Corporate Taxes, Fannie and Freddie Might Need a Treasury Draw

January 19, 2017
Brandon Ivey
Antonio Weiss, counselor to the secretary of the Treasury Department, cautioned that any reduction to the corporate tax rate could prompt a draw from Treasury funds by the GSEs.
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Nonbanks Increased Agency Servicing by Almost 22 Percent in 2016

January 19, 2017
John Bancroft
Nonbank servicers have a particularly big footprint in the Ginnie market, accounting for 53.6 percent of servicing outstanding at Dec. 31…
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RPM Mortgage Hits the M&A Trail Once Again

January 19, 2017
Paul Muolo
Late last year, RPM made what it called an “investment” in American Eagle Mortgage of Ohio…
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Incenter Selling $4 Billion Freddie Mac Servicing Portfolio

January 19, 2017
Paul Muolo
The delinquency rate on the package is just 0.65 percent, based on number of loans…
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