The reallocation of hundreds of millions of dollars of funds paid by the nation’s five largest loan servicers to states as part of this year’s whopping $25 billion national foreclosure settlement has ignited intra-state feuding as to how best utilize the cash windfall, according to a mortgage industry attorney. During a webinar sponsored last week by the State Attorneys General Enforcement Network, Jeremiah Buckley, founding partner of BuckleySandler, noted “emerging controversies” among state elected officials as they do battle, in some cases via the courts, to ensure the funds are used for consumer/mortgage-related purposes. The landmark agreement finalized in April between Ally Financial, Bank of America, Citigroup, JP Morgan Chase and Wells Fargo with a coalition of state attorneys general...

Mortgage lenders and servicers face increased congressional and regulatory attention and pressure over how they should respond to the unique needs and problems active-duty U.S. military personnel face handling their mortgages, particularly when they are transferred. Sen. Richard Shelby, AL, ranking Republican on the Senate Banking, Housing and Urban Affairs Committee, emphasized during a hearing this week the disruptions that Permanent Change of Station orders can cause service members. “When PCS orders are issued, service members are required to move even if they owe more on their mortgage...

The Office of the Comptroller of the Currency and the Federal Reserve Board late last week put out guidance that will be used to calculate the compensation or other remedy that borrowers will receive for financial injury identified during the independent foreclosure review that was set up last spring in the wake of the industry’s foreclosure practice debacle. The Financial Remediation Framework provides examples of situations where compensation or other remediation is required for financial injury due to servicer errors, misrepresentations or other deficiencies...

The Township of Mount Holly, NJ, has formally asked the U.S. Supreme Court to consider a case that once again raises the question of whether disparate impact claims can be brought under the Fair Housing Act. The issues raised in this case are pretty much those in Magner v. Gallagher, the case that would have settled the disparate impact issue except for the last-minute decision by the City of Saint Paul to dismiss its appeal, according to Christopher Willis, a partner with Ballard Spahr, which represents one of the non-township defendants in the case. Township of Mount Holly, NJ, et al.,...

In Rosenfield v HSBC Bank, the U.S. Court of Appeals for the Tenth Circuit recently ruled that borrowers cannot seek rescission after the Truth in Lending Act’s three-year statute of repose expires, even if the borrower had sent a notice of rescission within the three-year period. Beyond the ruling of the facts of the case, the court’s decision is another blow to the Consumer Financial Protection Bureau. Early this year, the CFPB had argued in a friend-of-the-court brief that TILA Section 125 (U.S.C. Section 1635) gives consumers a statutory right to rescind qualifying mortgage...

The Basel III international capital standards recently proposed by U.S. banking regulators may have been like a slow train coming, visible from a distance for a long time, but that’s not keeping some surprises from being detected. One such surprise has to do with potentially negative public policy implications when it comes to fair lending, as far as some top industry attorneys are concerned. Currently, mortgages backed by Ginnie Mae get a zero risk weight, while those backed by Fannie Mae or Freddie Mac get a 20 percent risk weight. Most residential mortgages without Uncle Sam’s...

Judge Reggie Walton in U.S. District Court for the District of Columbia has rejected a Mortgage Bankers Association challenge to an “Administrator’s Interpretation” by the U.S. Department of Labor that loan officers in the mortgage banking industry generally do not qualify as exempt employees under the administrative exemption of the federal Fair Labor Standards Act. The ruling, if left intact, is seen as a victory for mortgage loan officers and a loss for those that employ them. Last year, the MBA pressed for the court’s review of the 2010 Administrator’s Interpretation, asserting...

The Consumer Financial Protection Bureau might be less than a month away from issuing its proposed rule and forms related to its project to combine and harmonize the disclosures consumer get when they’re wrapping up their mortgage loans. But that didn’t keep industry representatives from making another pitch of their various recommendations for improving the CFPB’s pending rule. Testifying during a hearing of the House Financial Services Subcommittee on Insurance, Housing and Community Opportunity last week, Anne Canfield, executive director of the Consumer Mortgage Coalition,...

The conservative watchdog organization, Judicial Watch, has filed a Freedom of Information Act lawsuit against the Consumer Financial Protection Bureau to obtain records detailing President Obama’s controversial appointment of the agency’s director, Richard Cordray.“Given the Obama administration’s penchant for secrecy, I am not at all surprised we have to file a lawsuit to obtain these records on this scandalous appointment,” said Judicial Watch President Tom Fitton. “The Cordray appointment is an abuse of office that disregards the U.S. Constitution and the U.S. Senate’s role...

Nearly 6 in 10 mortgage modifications went 60 or more days delinquent 18 months following the date of their modification, according to a new study from TransUnion. The study only looked at loan modifiers and non-modifiers, with comparable VantageScore credit scores, who had originally been 120 or more days past due on their mortgage loans. It found the recidivism rate – the rate at which modified mortgages again went 60 or more days past due – was 41.9 percent 12 months after modification. After 18 months, that rate had risen to 59.1 percent. Arizona, California, Florida...