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Regulators Pressured to Bring Mortgage Lawsuits

February 22, 2013
Federal regulators are under pressure from Congress and others to bring more mortgage-related lawsuits, particularly involving “Wall Street banks.” Obama administration officials and former employees of the regulators suggest that more lawsuits are likely, including a focus on non-agency mortgage-backed securities. The latest calls for lawsuits came last week from Sen. Elizabeth Warren, D-MA. At a hearing by the Senate Banking, Housing and Urban Affairs Committee, she questioned how much ...
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CFPB to Require Plans on Servicing Sales

February 22, 2013
The Consumer Financial Protection Bureau will closely monitor sales of servicing, particularly to nonbanks, and require new contingency plans from servicers, the agency announced last week. The new scrutiny was prompted by complaints from borrowers as nonbank special servicers have increased their purchases of servicing in recent years. “The CFPB will, in appropriate cases, require servicers engaged in significant servicing transfers to prepare and submit written plans to the CFPB detailing how they will ...
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Subprime Loans Dwindling, Performance Steady

February 22, 2013
The amount of subprime mortgages outstanding continues to fall, although performance leveled off in 2012 after significant declines in delinquencies beginning in 2010. Some $475.0 billion in subprime mortgages were outstanding at the end of 2012, according to estimates by Inside Nonconforming Markets, down 12.8 percent from the end of 2011. Only two major subprime servicers increased their subprime mortgage holdings in 2012 compared with the end of 2011: Ocwen Financial and ... [Includes one data chart]
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Settlement Prompting More Principal Reduction

February 22, 2013
The $25 billion national servicing settlement has prompted an increase in principal reduction loan modifications on non-agency mortgages, according to the Treasury Department. However, most of the servicers participating in the settlement have not yet met their principal reduction obligations. Last week, the Treasury said servicers have increased their use of principal reduction outside of the Home Affordable Modification Program’s Principal Reduction Alternative due to the ... [Includes one data chart]
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‘Soft’ Private Money Loans Half of FCI’s Portfolio

February 22, 2013
FCI Lender Services ended December with $2.3 billion of private money loans in its servicing portfolio, a 27 percent gain from the same period a year earlier. The nation’s largest private money servicer said it is seeing an increase in contracts and growth in “soft money” loans backed by residential real estate. Gordon Albrecht, chief strategy officer at FCI, said soft money loans currently account for 50 percent of the firm’s business, which is based in Anaheim, CA. “That’s a record for us,” ...
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News Briefs

February 22, 2013
The Treasury Department approved $10.0 million in federal funds this month for a limited pilot of a program to allow non-agency borrowers with negative equity to refinance. The program in Oregon’s Multnomah County includes characteristics of a proposal from Sen. Jeff Merkley, D-OR, who said the pilot could create a national model. The Oregon Housing and Community Services Department will use money from the Hardest Hit Fund to help non-agency mortgages with loan balances up to $250,000 and ... [Includes one brief]
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FHA Reform Legislation an Uphill Climb

February 22, 2013
House Republicans may be able to pass tough FHA reform and solvency legislation out of committee but they may not have enough votes on the House floor or in the Senate to sustain such a bill, according to industry sources. Even after two successive hearings in the House Financial Services Committee this month, there has been no clear indication from Chairman Jeb Hensarling, R-TX, as to which proposals might go into a legislative package of FHA reforms. Hensarling is said to be operating “with a very strong hand,” and if it were up to him entirely, he would draft legislation that would contain some ...
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New Claims Precluded from ‘Release,’ Court Rules

February 22, 2013
Wells Fargo suffered a big legal setback after a federal judge denied its request to enforce a consent judgment under last year’s landmark $25 billion servicing settlement to prevent a New York lawsuit from proceeding. Judge Rosemary Collyer of the U.S. District Court for the District of Columbia rejected Wells Fargo’s argument that the new government suit filed in Manhattan district court was improper because it violated the consent judgment against Wells Fargo and flies in the face of the judgment’s “liability release” provision. Wells Fargo argued that the allegations in a civil mortgage fraud suit filed by ...
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VA Officials See 2013 as Record Year for Volume

February 22, 2013
The VA is on pace in 2013 to shatter an old mortgage production record set in 1994, according to agency officials. Mike Frueh, director of the Department of Veterans Affairs’ Home Loan Guaranty Services, said the VA is “trending” to do just about 600,000 home loans even though the home buying-and-selling season, which typically kicks off in the spring, has not yet started. The last time the VA originated that many home loans was in 1994, a banner year for VA mortgage lending to veterans and active members of the military. FY 2012 became the second best year for VA loan originations with ...
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FHA Delinquency Data ‘Mixed,’ MBA Survey Finds

February 22, 2013
The delinquency rate of single-family mortgage loans fell to 7.09 percent of all loans outstanding on a seasonally adjusted basis at the end of the fourth quarter in 2012, the lowest level since 2008, according to the latest Mortgage Bankers Association’s national delinquency survey. The performance of FHA loans, on the other hand, was “mixed,” it said.Loan delinquencies decreased 31 basis points from the prior quarter, and were down 49 basis points from a year ago due to significant improvements in mortgage performance nationwide and in almost every state, the trade group said.“The 30-day delinquency rate dropped by ...
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