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Former Lender Barred From Doing Business with FHA

October 21, 2011
The Department of Housing and Urban Development has suspended a former president of Lend America from doing any business with the agency following his admission that he engaged in a mortgage fraud scheme against the FHA in 2009. Michael Primeau, the former executive, had pled guilty to charges he directed employees of Lend America, a former FHA-approved lender, to divert mortgage funds intended to pay off borrowers’ first mortgages at refinance closings in order to pay company-operating expenses. Two years ago, HUD and the U.S. Attorney for the Eastern District of New York filed a civil complaint against Ideal Mortgage Bankers, doing business as Lend America, in federal district court. The complaint sought ...
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Ginnie Mae Eases Rules for Pledging Servicing Rights

October 21, 2011
Smaller issuers of Ginnie Mae mortgage-backed securities will find it easier to pledge mortgage servicing rights (MSRs) to obtain warehouse financing and better compete with their larger rivals, thanks to changes announced recently by Ginnie Mae. Changes to the “Acknowledgment Agreement” will make it simpler for Ginnie Mae to honor servicing pledges and allow the transfer of related servicing rights. They also clarify and limit the conditions under which Ginnie Mae can deny an issuer’s request to transfer servicing to the issuer’s creditor. Under the previous 2007 procedures, an issuer seeking Ginnie Mae’s approval to pledge its rights to servicing income as a security for a loan from a private lender must ...
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President Nominates Galante for Top FHA Job

October 21, 2011
President Obama has announced Carol Galante as his pick for Assistant Secretary for Housing and FHA Commissioner at the Department of Housing and Urban Development. Galante has occupied the two posts in an acting capacity since July 12, when she replaced Robert Ryan. Ryan temporarily assumed both jobs after former HUD Assistant Secretary for Housing and FHA Commissioner David Stevens left HUD at the end of March 2011 to join the Mortgage Bankers Association as its new president and CEO. Prior to her current post, Galante served as HUD deputy assistant secretary for multifamily programs. In addition, Galante, a licensed real estate broker, has been a leader of major administration initiatives, including ...
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Senate Votes to Restore Pre-Oct. 1 Higher Loan Limits

October 21, 2011
The Senate voted this week to reinstate the higher conforming loan limit that expired at the end of September, heeding calls by the real estate and mortgage industries. On a vote of 60-38, lawmakers passed an amendment to the FY2012 funding bill, S. 1596, for the Department of Housing and Urban Development, which, among other things, would raise the maximum loan amount that can be guaranteed by FHA, Fannie Mae and Freddie Mac. Introduced by Sen. Robert Menendez, D-NJ, the amendment restores the 125 percent median home price formula used to calculate the temporary higher loan limits in effect prior to Oct. 1, which was up to $729,750 in certain high-cost areas of the country and lower in other jurisdictions. After Oct. 1, the new loan limit calculation was ...
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MetLife Departure Leaves Some Opening for Competitors

October 21, 2011
The departure of MetLife Bank, a division of insurer MetLife Inc., from the mortgage business will leave a gap in the FHA market that should not be hard to fill. The bank recently announced its intention to sell its mortgage business due to uncertainty in the marketplace and the rising cost of compliance in an excessively burdensome regulatory environment. It is getting too difficult to compete and be profitable under these conditions, the bank said in a statement. MetLife Bank’s mortgage-related woes reflected on its FHA origination volume and market share, both of which have been shrinking over the last couple of quarters. MetLife ranked fourth among ...
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HECM Volume Slightly Up at Midpoint Despite 2Q Drop

October 21, 2011
Endorsements of Home Equity Conversion Mortgage loans during the first six months of 2011 rose 0.4 percent above the rate of endorsements from a year earlier but fell 20.2 percent on a quarterly basis, according to Inside FHA Lending’s analysis of HECM activity during the first six months of 2011. At the mid-year mark, HECM endorsements totaled $9.5 billion, with third-party originators sponsored by FHA-approved lenders accounting for 40.4 percent of all HECM originations. Non-FHA-approved mortgage brokers are no longer allowed to originate HECMs under a policy change last year aimed at reducing FHA losses and risks to the FHA Mutual Mortgage Insurance Fund. HECM endorsements totaled ... [includes two (2) data charts]
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Repurchase Risk Remains Major Concern for Lenders, Exacerbates Tight Lending Conditions

October 20, 2011
Buyback risk is raising costs throughout the mortgage industry and causing lenders to boost cred-it standards beyond the levels required by investors, according to several experts at last week’s annual convention of the Mortgage Bankers Association. “The industry is spending hundreds of millions of dollars in repurchases and defending repurchases,” said David Stevens, chairman and CEO of the MBA. At a time when lenders are being pushed to “keep skin in the game,” a 5 percent risk-retention requirement for securitization might almost seem like a better deal than the costly repurchase process, he added. Brian Chappelle said...
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CFPB’s New Mortgage Servicer Supervision Strategy to Include Exams in Search of Consumer Law Violations

October 20, 2011
Mortgage servicing shops should soon expect extra-special scrutiny from the Consumer Financial Protection Bureau and perhaps even a visit by bureau examiners as part of a servicer supervision strategy announced late last week. “Mortgage servicing has a huge impact on consumers and is a priority for the CFPB,” said Raj Date, special advisor to the Secretary of the Treasury for the CFPB. “The mortgage servicing market has been bogged down by widespread reports of pervasive and profound consumer protection problems. We are going to take a close and measured look at whether servicers are following the law.” The CFPB has indicated that...
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Multi-Circuit Conflict Over Settlement Fee at Issue as U.S. Supreme Court Takes on Another RESPA Case

October 20, 2011
The U.S. Supreme Court recently agreed to review a dispute over closing fees in a move that may resolve a potentially entrenched circuit court conflict over the scope of the Real Estate Settlement Practices Act prohibition against unearned fees. At issue is RESPA Section 8(b), which provides that “[n]o 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 federally related mortgage loan other than for services actually performed.” As the U.S. government...
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Amherst: Private Investors Are ‘Only Realistic Alternative’ to Clear Agency REO Inventory

October 20, 2011
Long-term investor involvement is the industry’s best bet and “only realistic alternative” to boost housing demand and allow government housing agencies to meaningfully discharge their backlog of real estate owned properties, according to a report by Amherst Securities Group. However, Amherst notes that private investors will require more financing options and better access to bulk portfolios of homes, perhaps through a government program, in order to absorb and convert dormant distressed properties into active, income-producing rentals. “The massive housing market overhang is a clear danger to the U.S. economy – it creates...
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