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FHFA Finalizes Unified Exams for Fannie, Freddie, FHLBanks

November 30, 2012
The Federal Housing Finance Agency will employ a new, more comprehensive examination rating system which would be used to inspect Fannie Mae, Freddie Mac, the Federal Home Loan Banks and the Banks’ Office of Finance under a final rule issued earlier this month. The new system, published in the Nov. 13 Federal Register, will implement a single risk-focused examination system for all three entities that would be similar to the “CAMELS” ratings used by federal prudential regulators for depository institutions.
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Banks Report Record Earnings From Mortgage Banking Activity in 3Q12

November 30, 2012
Commercial banks and savings institutions reported a record $9.38 billion in net income from mortgage banking activity during the third quarter of 2012, according to a new ranking and analysis by Inside Mortgage Trends. The call report data underscore what was already apparent in earnings reports from a broad cross-section of lenders: mortgage banking has been exceptionally profitable in 2012. Banks and thrifts generated a whopping $25.25 billion in mortgage banking income over ... [Includes one data chart]
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Servicers Need Solid MSR Valuation Process

November 30, 2012
Valuation of mortgage servicing rights has been challenging for many market participants, particularly with the incredible pace of change occurring in the mortgage servicing industry. Hence, it is important for servicers to have the basic building blocks to a solid MSR valuation process and a full understanding of the company for pricing and valuation purposes, suggests a recent study from PricewaterhouseCoopers. PwC noted that MSR valuations for seasoned portfolios have dropped ...
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Judge Tosses Fraud Suit Against Ex-Fannie Official

November 30, 2012
For the third time in as many months, a federal judge has summarily dismissed a securities class action lawsuit against a former Fannie Mae executive. U.S. District Judge Richard Leon threw out the case against Leanne Spencer, Fannie’s former controller, brought nearly a decade ago by investors hoping to recover damages. Two Ohio pension funds – the Ohio Public Employees Retirement System and the State Teachers Retirement System of Ohio – filed suit in 2004 related to a $6.3 billion overstatement of earnings against Fannie and three former GSE executives, including CEO Franklin Raines.
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SPOC Implementation Varies by Servicer

November 30, 2012
The major servicers use three different models to implement single point of contact requirements, with no clear answer as to which model is the best, according to a new report from the Treasury Department. Servicers report seeing benefits from SPOC requirements though there are also concerns with the new servicing model. A SPOC works with a borrower to determine options throughout the loss mitigation process. The Treasury requires servicers participating in the Home Affordable Modification Program to ...
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Fannie, Freddie Announce New Law Firm Rules

November 30, 2012
Fannie Mae and Freddie Mac earlier this month announced new, synchronized requirements regarding the management of law firms for default servicing, bankruptcies, foreclosures and related litigation involving mortgages owned or guaranteed by the two GSEs. Effective June 1, 2013, Fannie’s and Freddie’s servicers will be allowed to choose their own attorneys, create their own processes for managing foreclosure processing and maintain direct relationships with their law firms. The new rules also require servicers to establish procedures to manage and monitor all aspects of the law firm’s performance and compliance with applicable requirements. Upon request, servicers will be required to perform a due diligence review and notify the GSEs of the result.Fannie’s and Freddie’s new rules were issued at the direction of the GSEs’ conservator, the Federal Housing Finance Agency. The directive comes more than a year after the FHFA’s Office of Inspector General dinged the agency for lax oversight of the GSEs and problems involving improper foreclosure practices with their affiliated law firms.
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Professor Calls for Single Electronic Mortgage/Note

November 30, 2012
A law professor says there is no quick solution to the mortgage industry’s foreclosure mess and the resulting legal chaos, but moving to a single electronic note/mortgage transfer system would solve much of what caused the crisis to begin with. “Massive originations of mortgage loans relying on the sell-to-distribute model, followed by massive foreclosures, have led to chaos in the legal processes to track who may foreclose and sell homes,” said Alan White, professor of law at Valparaiso Law School ...
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Local Conditions Deserve More Attention

November 30, 2012
An examination of how quickly the distressed real estate inventory dissipates in three Northeast states suggests that federal policymakers need to pay much more attention to local mortgage market conditions when formulating policy, one researcher says. “A critical issue in today’s housing market concerns both the size of the distressed real estate inventory and the speed at which it will dissolve,” said James Follain, principal of James R Follain LLC and contributing editor to ...
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GAO Audit Cites FHFA ‘Effective Internal Controls’

November 30, 2012
For the fourth consecutive year, the Federal Housing Finance Agency received a clean audit from the Government Accountability Office on the FHFA’s annual financial statements, according to a recent GAO report. As required by the Housing and Economic Recovery Act of 2008, the GAO audited FHFA’s fiscal year 2012 to determine whether the financial statements were fairly presented and whether the FHFA’s management maintained effective internal control over financial reporting. The GAO said it also tested the Finance Agency’s compliance with selected laws and regulations.
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Former DocX Exec Pleads Guilty to Doc Fraud

November 30, 2012
The former chief executive of DocX admitted to her role in a fraud scheme that duped servicers and relied on forged signatures and employees that could sign thousands of mortgage-related instruments a day. Lorraine Brown pled guilty to charges from the Department of Justice of conspiracy to commit mail and wire fraud. “She was responsible for more than a million fraudulent documents entering the system, directing company employees to forge and falsify documents relied on by property recorders ...
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