Federal banking regulators and private-sector mortgage servicers have gradually stepped up their efforts to reach out to eligible borrowers facing foreclosure and have taken steps to improve their communication materials. However, they have not undertaken certain “best practices” such as conducting readability tests or using focus groups that might have maximized their potential outreach, the Government Accountability Office said in a new report. “Staff at the Board of Governors of the Federal Reserve System said that this was, in part, a trade off to expedite the remediation...

Rep. Scott Garrett, R-NJ, chairman of the House Financial Services Subcommittee on Capital Markets and Government Sponsored Enterprises, successfully attached an amendment to H.R. 5972, the Department of Housing and Urban Development Appropriations Act, 2013. Garrett’s amendment would gut the disparate impact rule proposed by HUD last September by prohibiting the agency from using any of the agency’s funding to “promulgate, issue, establish, implement, administer, finalize, or enforce” the rule. The congressman’s amendment has strong support from the mortgage...

The Supreme Court of the United States surprised many industry and legal observers late last month by deciding it would not take on a key dispute under the Real Estate Settlement Procedures Act. “The writ of certiorari is dismissed as improvidently granted,” the high court said in a terse announcement. At issue in First American Financial v. Edwards is whether someone who has not suffered any actual damages from alleged RESPA violations has the legal standing to sue in federal court. The SCOTUS decision to not rule on the case, after deciding a year ago to take it on, means the...

California is about to become the first state to enact into law a large portion of the national mortgage servicing settlement that state and federal government officials negotiated this year with the nation’s top five banks and apply it to all lenders. The state legislature passed the Homeowner Bill of Rights last week (AB 278/SB 900). The Democrat-controlled state Assembly approved the bill on a 53-25 vote, with the Senate endorsing the measure 25-13. The legislation will force large lenders to provide a single point of contact, eliminate dual tracking and impose significant civil...

California. Former IndyMac CEO Michael Perry and CFO Scott Keys agreed to a $6.5 million settlement to resolve a class-action lawsuit by shareholders who accused the executives of concealing how badly the mortgage lender’s financial position had deteriorated when they were buying company stock from March 1, 2007, to May 12, 2008. A shareholder’s motion for preliminary approval submitted last week said the pending settlement is “a reasonable resolution” of the dispute and ensures that shareholders will at least make some financial recovery. Florida. In Fuller v. MERS, U.S. District...

House of Representatives.Hearing on Impact of Dodd-Frank. The House Financial Services Subcommittee on Capital Markets and Government Sponsored Enterprises plans a hearing Tuesday, July 10, on the impact of the Dodd-Frank Act on customers, credit and job creators. The witness list includes the American Securitization Forum and the Securities Industry and Financial Markets Association.House of Representatives.Hearing on Impact of Dodd-Frank on Financial Services Competition...

Twenty-five states are thinking about revising their foreclosure laws to make it harder for lenders to seize properties, out of concern that inefficient loan modifications are leading to unnecessary foreclosures, the Wall Street Journal reported last week. That would prove costly for borrowers in the future, according to Mortgage Bankers Association CEO David Stevens. Should all 50 states decide to go down their own path, lenders are going to have multiple processes, each with their own little nuances, and every single penny of that cost will be borne by tomorrow's borrowers...

New issuance of residential MBS slipped modestly during the second quarter of 2012 despite a strong start in the securitization of deeply underwater Fannie Mae and Freddie Mac mortgages. A total of $378.04 billion of single-family MBS were issued during the second quarter, down 3.4 percent from the first three months of 2012, according to a new Inside MBS & ABS analysis. On a year-to-date basis, the market was still 30.5 percent ahead of issuance during the first half of 2011. The second quarter ended on a strong note. Total MBS production increased 12.5 percent from May to June, including a pickup in...

Credit Suisse last week issued its second non-agency MBS backed by prime jumbo loans, structuring slightly higher credit-enhancement levels than those seen on Redwood Trust jumbo deals. As was the case with its first jumbo MBS of 2012, the new Credit Suisse transaction (CSMC Trust 2012-CIM2) is backed largely by loans from the investment portfolio of MetLife Home Loans, which shut down its primary market originations activity early this year. The insurance company will continue to provide reps and warranty guaranties on MetLife loans, which accounted for 85.2 percent of the $425.1 million mortgage...

Representatives of the mortgage lending and securitization sectors are deeply concerned about and strongly opposed to a move in California that would use eminent domain to seize current non-agency mortgage loans and force their terms to be modified to ensure the affected homeowners can stay in their homes. The California county of San Bernardino and the cities of Ontario and Fontana have proposed to create a “joint powers authority to assist in preserving home ownership and occupancy for homeowners with negative equity within the parties’ jurisdictions,” according to a resolution adopted by the...