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NYDFS Alleges that Nonbank Servicers Use Affiliates To Side-Step Force-Placed Insurance Protections

August 7, 2014
The New York Department of Financial Services said it has concerns that certain nonbank servicers are using complex arrangements with affiliates to side-step borrower protections in force-placed insurance. Superintendent of Financial Services Benjamin Lawsky detailed what he called a “troubling” scheme between Ocwen Financial and a “related party,” Altisource Portfolio Solutions. “This complex arrangement appears designed to funnel as much as $65 million in fees annually from already-distressed homeowners to Altisource for minimal work,” Lawsky said in a letter this week to Timothy Hayes, Ocwen’s general counsel. According to the NYDFS, Ocwen recently implemented...
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Plenty of Talk About Which Firms Are Buyers But Deal Announcements Few and Far Between

August 7, 2014
With origination volumes sucking wind this year, plenty of mortgage companies are pondering whether now is the time to sell, but so far few deals of any size have been consummated. That may change in the coming months. On the buy-side, a dozen or so potential acquirers have emerged, including such growth-minded nonbanks as Prospect Mortgage, RPM Mortgage – both of which are based in California – and possibly AmeriSave Mortgage of Atlanta. Also, Willie Newman, the former CEO of Cole Taylor Mortgage, has teamed up...
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Des Moines, Seattle FHLBanks Talking Merger, Combo Bank Would Be Largest Within System

August 7, 2014
Two of the 12 Federal Home Loan Banks announced last week they are deep into merger talks that, if consummated, would create the largest single entity within the FHLBank system. The proposed merger of the FHLBank of Des Moines and the smaller, troubled FHLBank of Seattle would create an institution with more than 1,500 member financial institutions in 13 states and three U.S. territories in the Pacific Ocean. “A detailed due diligence process is...
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Agency Secondary Market Continued Gaining Steam in July; Little Change in Credit Standards

August 7, 2014
Fannie Mae, Freddie Mac and Ginnie Mae each recorded double-digit increases in single-family business in July, marking the fourth straight monthly gain, according to a new ranking and analysis by Inside MBS & ABS, an affiliated newsletter. The three produced $85.3 billion of single-family mortgage-backed securities last month, an 11.6 percent increase from June’s volume. The biggest increase was at Fannie, where production was up 12.6 percent for the month. The steady gains in production starting in April have not been...
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FHA Indemnifications Still an Issue, But Lenders Do Have Options for Defense, Ex-HUD Official Reminds

August 7, 2014
As Fannie Mae and Freddie Mac buyback demands have tapered off, lenders continue to face aggressive government efforts to indemnify the FHA for losses, but they do have options available to them that can work in their favor. During a webinar sponsored last week by Inside Mortgage Finance, Amanda Raines, a partner with the BuckleySandler law firm in Washington, DC, emphasized that FHA indemnification demands have continued this year, with an aggressive use of the False Claims Act and the Financial Institutions Reform, Recovery and Enforcement Act. That has led...
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All Production Cylinders Firing in 2Q14 Originations Surge; Slight Tilt to Brokers

August 7, 2014
Mortgage origination volume was up in all three major production channels during the second quarter of 2014, according to a new Inside Mortgage Finance analysis and ranking. Retail originations remained the biggest source of new business, accounting for 61.0 percent of second quarter production. Total volume in the channel – which includes consumer-direct lending and traditional branch-office production – increased by 27.7 percent to an estimated $180 billion during the second quarter. Retail’s increase was higher than the overall 25.5 percent growth in total originations, nudging its share of the market slightly higher. Third-party originations were...[Includes four data charts]
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Short Takes: Morgan Stanley Set to Issue a Jumbo MBS / Delinquency Rates Fall Again / Americans Remain Ambivalent About the Housing Market / Limiting HECM Withdrawals Reduces Defaults / Comments Due to CFPB on Narratives

August 7, 2014
Thomas Ressler, George Brooks, and Brandon Ivey
Morgan Stanley is set to issue its first jumbo mortgage-backed security since the financial crisis.
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Lots of Talk, But Actual Deals? Not So Much

August 7, 2014
Paul Muolo
With origination volumes sucking wind this year, plenty of mortgage companies are pondering whether now is the time to sell, but so far few deals of any size have been consummated. That may change in the coming months.
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CFPB Weighs in on TILA Rescission Case Before SCOTUS

August 7, 2014
Thomas Ressler
The Consumer Financial Protection Bureau and 25 states filed amicus briefs in a case pending before the Supreme Court of the United States, Jesinoski v. Countrywide Home Loans Inc., that could resolve a circuit split over the recession of a mortgage under the Truth in Lending Act.
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Bank of America, Justice Department, Close to Record Settlement

August 7, 2014
Thomas Ressler
Multiple news organizations reported on Wednesday that Bank of America and the Department of Justice are on the verge of agreeing to a settlement valued in excess of $16 billion that would bring to a close mortgage claims stemming from the lead-up to the financial crisis.
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