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Complaints Surface That New HAMP Participants Are Speculators Coasting on Taxpayer Subsidies

March 8, 2012
The extension of the Home Affordable Modification Program announced in late January was coupled with changes, including the new eligibility of investor-owned properties. While the expansion of the program could allow for a half million more participants, there are complaints that it is no more than a taxpayer bailout of speculators. Timothy Massad, the assistant secretary for financial stability at the Department of Treasury, said the inclusion of investor-owned properties will help low- to moderate-income renters, because the foreclosure of investor-owned properties disproportionately affects them. An advocate for...
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FHFA Official: Servicer Compensation Changes Are ‘Integral Part’ of Strategic Plan but Roll Out Delayed

March 8, 2012
The Federal Housing Finance Agency is not backing away from its plan to overhaul servicing compensation on government-sponsored enterprise mortgages, but an official has acknowledged that the change will come more slowly than first expected. FHFA Special Advisor Mario Ugoletti told attendees at the Mortgage Bankers Association’s Mortgage Servicing Conference & Expo in Orlando two weeks ago that “servicing compensation reform [is] not dead or on the back burner,” contrary to the industry’s hopeful expectations. Ugoletti said any revisions to servicing compensation practices ought to result in enhanced...
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Mortgage Lending Credit Overlays May Be Here To Stay If Policymakers Don’t Make Big Changes

March 8, 2012
Mortgage lenders have become so risk-averse and sensitive to potentially punitive judicial or regulatory overkill that they’re demanding near-pristine credit histories and imposing their own credit overlays on top of existing underwriting standards that are already considerably tougher than they were during the years of the mortgage boom. And that’s unlikely to change and may in fact get worse unless federal policymakers make dramatic changes to the legislative and regulatory landscape. That was the main take-away that Paul Miller, managing director and group head of financial services research at...
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DOJ, Congress Continue Efforts Against Perceived Mortgage Lending Discrimination, Other Abuses

March 8, 2012
The Justice Department and some members of Congress are unconvinced the mortgage industry is up to the task of fairly making and servicing mortgages in a tough housing market. That’s motivating them to use all of the tools at their disposal – and considering new ones – to combat discrimination and other abusive behavior. “In the coming year, we will continue our efforts to provide justice to those families who were harmed by discriminatory conduct during the mortgage boom and to hold lenders responsible for their actions,” U.S. Assistant Attorney General Thomas Perez said in testimony before the Senate Judiciary...
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Administration Announces Pricing Cuts to Spur Use of FHA’s Streamline Refinancing Program

March 8, 2012
The Obama administration this week announced price cuts for refinancing loans already insured by the FHA in an effort to provide relief to underwater homeowners, estimating that as many as 3 million borrowers could take advantage of the program. Beginning June 11, the FHA will lower its upfront mortgage insurance premium from 1.0 percent to .01 percent for streamlined refinancing of FHA loans originated before June 1, 2009, and reduce the annual fee for such refis from 1.15 percent to .55 percent. To qualify for the streamline refinancing, borrowers must be current on their existing FHA...
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Late 2011 Refinance Surge Has Staying Power, Expanded HARP Looks to Be Gaining Ground

March 8, 2012
The refinance wave that lifted mortgage origination volume in the fourth quarter of 2011 appears to be holding steady in early 2012, according to a new Inside Mortgage Finance analysis. Average monthly securitization of refinance loans by Fannie Mae and Freddie Mac increased by 3.6 percent from the fourth quarter of 2011 to the first two months of this year. That’s somewhat faster than the 1.2 percent increase in average total securitization volume by the two government-sponsored enterprises. The refi market may gain momentum in the coming months. The Mortgage Bankers...(Includes four data charts)
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Worth Noting

March 5, 2012
Federal Housing Finance Agency Special Advisor Mario Ugoletti told attendees at the Mortgage Bankers Association’s National Mortgage Servicing Conference & Expo in Orlando that changes to servicing compensation practices have not been pushed to the backburner. However, he did concede that, in light of uncertainties in the marketplace and the legislative and regulatory environment, changes would not be promulgated in the next quarter or two. Any revisions to compensation practices ought to result in enhanced competition in mortgage servicing and be capable of replication ...
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Federal Roundup

March 5, 2012
Consumer Financial Protection Bureau.Bureau to Deal With Forced-Placed Insurance. Officials at the CFPB recently indicated the bureau plans to address the practice of force-placed insurance by mortgage servicers. Although few details have been made available, the CFPB will reportedly require servicers to show they have a reasonable belief that borrowers have fallen behind on necessary payments before charging them for forced-place insurance. The bureau has indicated it intends to permit borrowers to choose their own insurance, instead of depending on the...
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State Roundup

March 5, 2012
New Hampshire. In Dow v. Bank of New York Mellon Trust, the state Superior Court affirmed the role of MERS as the mortgagee of a mortgage loan, ruling that MERS has the authority to both hold and assign its interest in mortgages under state law. New Jersey. In U.S. Bank, N.A. v. Guillaume, the New Jersey Supreme Court last week ruled that state courts do not have to dismiss foreclosure actions if defects in the…
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GOP Lawmakers Press CFPB's Cordray for More Budget Detail

March 5, 2012
Some leading Republicans in the House of Representatives recently wrote Consumer Financial Protection Bureau Director Richard Cordray requesting additional disclosures about the agency’s pending budget. “[W]hile we commend the CFPB’s efforts to draft better and more detailed budget justifications, we believe that the budget justification that was released with the president’s fiscal year 2013 budget request is not as good as it could be,” wrote House Financial Services Oversight and Investigations Subcommittee Chairman Randy Neugebauer, R-TX,…
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