Fannie Mae and Freddie Mac have asked lenders to repurchase some $76.4 billion of mortgages under representations and warranties provisions in their contracts, although a significant volume of these demands ended up being withdrawn by the two government-sponsored enterprises. A new Inside Mortgage Finance analysis of reps and warranties disclosures made by Fannie and Freddie shows that 37.3 percent of the buyback demands made by the GSEs over the years ended up being withdrawn. Fannie, Freddie and other mortgage securitizers are now required to file reps and warranties...(Includes one data chart)

With Congress unlikely to move major mortgage finance reform any time soon, the Federal Housing Finance Agency this week outlined its “strategic plan” to use the next phase of the conservatorships of Fannie Mae and Freddie Mac to build a new mortgage securitization infrastructure. The plan’s roll out comes one year and one week after the Obama administration proposed three potential options to shut down Fannie and Freddie within 10 years. No significant action has been taken since, although Treasury Secretary Timothy Geithner recently noted that the White House expects to provide more details of its...

The Supreme Court of the United States heard oral arguments this week in an important fee-splitting case under the Real Estate Settlement Procedures Act, and one issue that took up a lot of air time was whether RESPA is fundamentally a law barring kick-backs or a price-control statute. The key legal provision being examined in Freeman v. Quicken Loans is RESPA Section 8(b), which provides that, “No person shall give and no person shall accept any portion, split or percentage of any charge made or received for the rendering of a real estate settlement service in connection with a transaction involving a...

Citigroup acknowledged some responsibility for a portfolio of badly underwritten FHA loans that led to a $158.3 million settlement with the government, but the company managed to avoid an admission of wrongdoing. As part of the terms and conditions of the settlement, CitiMortgage “admits, acknowledges and accepts responsibility” for the conduct alleged in the government’s complaint. The FHA sought treble damages and civil penalties from CitiMortgage under the False Claims Act for fraud associated with FHA loans it originated. The default rate for FHA loans originated by Citi in 2006 and 2007 was 47...

Most major servicers reported increases in mortgage delinquency rates during the fourth quarter of 2011, but some industry data suggest seasonal factors influenced the increase. According to the Inside Mortgage Finance Large Servicer Delinquency Index, 10.88 percent of loans serviced by 19 major companies were in some stage of default at the end of 2011. That was up from 10.70 percent at the end of September and marked the fourth consecutive increase in the index. The biggest increase was in the serious default category, loans 90 days or more past due but not yet in foreclosure. Some 3.27...(Includes one data chart)

A new report detailing servicers’ compliance with foreclosure laws in San Francisco found that the mortgage industry has systematically violated state and municipal code. While California allows for both judicial and non-judicial foreclosures, the majority of servicers use the “power of sale” clause from the trust deed to choose a non-judicial foreclosure, wherein little oversight takes place. Prepared by Aequitas Compliance Solutions, the report was commissioned by San Francisco’s Office of the Assessor-Recorder. Aequitas compiled and reviewed 382 residential mortgage foreclosures, 16 percent of the...

The long-anticipated mortgage servicing settlement between the federal government, 49 state attorneys general and the nation's largest servicers isn’t just a big deal in terms of dollar amount and legal liability. It’s a critical shift in the legal and regulatory enforcement paradigm that will alter the landscape for years to come. “[T]he settlement is a strategic change in the legal and reputational risk landscape, and not just for what’s left of mortgage banking,” explained Karen Shaw Petrou, a managing partner at Federal Financial Analytics, a Washington, DC, think tank...

The Treasury Department’s Financial Crimes Enforcement Network recently put out final regulations that extend anti-money laundering program requirements and Suspicious Activity Report filing requirements to nonbank mortgage lenders. This means that nonbank mortgage lenders and originators are going to have to set up AML programs, assign a compliance officer and develop training programs, legal experts say, and compliance will be complex and costly. “Today, FinCEN is closing a regulatory gap by requiring nonbank mortgage lenders and originators to develop anti-money ...

Mortgage lenders looking for some certainty as to whether the disparate impact theory of discrimination applies under the Fair Housing Act will be disappointed to learn they’ll have to wait. In the key case of Magner v. Gallagher, the city of St. Paul, MN, suddenly removed its challenge to an appellate court ruling on this question, precisely because it thought it would prevail. City leaders came to believe that a victory could substantially undermine important civil rights enforcement as it relates to housing throughout the nation, and that was a price they didn’t want to ...

It looks like 2012 is turning out to be the year of the settlement between top mortgage lender/servicers and federal and state government entities. Bank of America subsidiary BAC Home Loans Servicing LP – which did business as Countrywide Home Loans Servicing LP in a previous incarnation – recently agreed to reverse or refund $36 million in fees to settle charges by the Federal Trade Commission that it overcharged struggling homeowners, in violation of an earlier agreement with the government. BAC Home Loans Servicing has already reversed or refunded $28 million worth of ...