The Consumer Financial Protection Bureau is pushing full-speed ahead with its probe of the mortgage industry’s use of captive reinsurance by directing PHH Corp. to comply with an earlier civil investigative demand – the functional equivalent of a subpoena – within three weeks, brushing aside the company’s numerous objections. “PHH’s petition to modify or set aside the CID in this matter is denied,” CFPB Director Richard Cordray ruled last week. “Within 21 days of this decision and order, PHH is directed to produce all responsive documents, items and information within its possession, custody or control that are covered by the CID.” Cordray added that PHH is...

Home-purchase mortgage activity, which dropped to a 15-year low in 2011, may be finally showing some signs of life in 2012. Thanks to very low mortgage rates and increased consumer confidence in home prices, a growing number of homebuyers – particularly current homeowners – are now taking out mortgages. In fact, the use of conventional conforming mortgage financing among homebuyers climbed to a two and a half year high in August, according to numbers released this week by the Campbell/Inside Mortgage Finance HousingPulse Tracking Survey. “Conventional mortgages are...

A proposed move by Fannie Mae to cap its loan purchases from new lenders and servicers contingent on the lenders’ net worth, among other factors, is rife with unintended consequences and should be examined closely before the company takes final action, say industry officials. A spokesman for the government-sponsored enterprise confirmed that Fannie is looking to change how it conducts business with “unfamiliar” lenders in response to the “significant contraction” among the correspondent buyers in the secondary market. The consequence of the contraction has led to growth in the number of lenders seeking to do business directly with the GSE. “Many of these newly approved lenders are...

Just three months before the deadline for finalizing a highly controversial rule requiring lenders to determine a borrower’s ability to repay, the Consumer Financial Protection Bureau still has not decided the key issue of how much legal protection lenders will get by meeting the still-undefined “qualified mortgage” standard. And the CFPB’s top official said the legal insurance blanket preferred by most mortgage lenders and their attorneys – a safe harbor, rather than a rebuttable presumption – may not provide as much protection as the industry is hoping for. “The safe harbor versus rebuttable presumption comparison is...

Increasing regulatory pressures and ongoing buyback exposure and legal liability is prompting a number of warehouse banks and mortgage lenders to start using outside companies to vet some of their third-party service providers such as settlement agents. Sources say settlement agents are being charged fees to provide certain business information and undergo background checks and credential verifications to become approved; otherwise, they will not be able to close loans for these entities going forward ...

Servicers take lower losses and area home prices take less of a hit when real estate owned properties are quickly liquidated, according to new research by analysts at the Federal Reserve and Fannie Mae. “Our results suggest that the key to minimizing the costs of foreclosure is to minimize the time that properties spend in serious delinquency and in REO,” the authors said in “Foreclosure Externalities: Some New Evidence,” a working paper published this month by the National Bureau of Economic Research ...

United Shore Financial Services in Birmingham, MI, is on course to a record-breaking $7 billion in residential mortgage originations in 2012, thanks to a robust wholesale lending operation and excellent relationships with mortgage brokers. Great customer service, a strong broker-support system, capable and efficient technology and strong management are the big factors for United Shore’s rapid growth, said Mat Ishbia, president of United Wholesale Mortgage, USFS’s wholesale arm. United Shore originates loans ...

The private-sector watchdog established by Congress to examine auditing firms recently found a number of mortgage-related issues with two major auditors. The Public Company Accounting Oversight Board raised concerns about the mortgage-repurchase reserves that KPMG signed off on and about fair value measurements allowed by Grant Thornton. The PCAOB reviewed 52 audits completed by KPMG in 2011 and found that the auditor failed to sufficiently test a mortgage-backed security issuer’s ...

Unreasonably tight mortgage lending standards, fueled by lenders’ and regulators’ extreme distaste for risk, are dampening home sales and some flexibility is needed to drive home sales and job creation, according to a new survey by the National Association of Realtors. The survey analyzed credit scores and loan performance for both conventional conforming and FHA-VA loans and suggested returning to reasonably safe and sound lending standards to give home sales a much-needed jolt. Existing home sales should ...

The Federal Housing Finance Agency’s Office of Inspector General reported last week that Freddie Mac will increase its repurchase requests to between $0.8 billion and $1.2 billion this year and between $2.2 billion and $3.4 billion overall following its review of the GSE’s settlement agreement with Bank of America in January 2011. A year ago the OIG took the FHFA to task for approving what the IG considered a lowball $1.35 billion agreement from BofA to Freddie to settle current and future repurchase claims.