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...

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)

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...

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...

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)

In a mortgage market still dominated by Fannie Mae, Freddie Mac and government-insured lending, the non-agency jumbo sector stood out as the only one to show year-over-year growth in 2011, according to a new Inside Mortgage Finance ranking and analysis. Jumbo mortgage originations rose 13.5 percent from 2010 to 2011, while overall production was down 17.2 percent from the year before. The $118 billion of non-agency jumbo originations in 2011 represented the biggest annual output since the market collapsed in 2008 and agency loan limits were jacked dramatically...(Includes two data charts)

In response to a request from the Federal Trade Commission, a U.S. district court has banned a number of defendants from providing mortgage relief services after the agency cracked down on an alleged scam that caused consumers to lose almost $19 million. According to the FTC’s complaint, the defendants deceptively claimed they were affiliated with or approved by consumers’ lenders, that they could prevent foreclosure, and that they would refund consumers’ money if they failed to deliver promised services. Consumers were allegedly instructed not to contact their lenders and to stop making ...

Supreme Court of the United States.Oral Arguments This Week in RESPA Case. The Supreme Court is scheduled to hear oral arguments Tuesday, Feb. 21, in Tammy Foret Freeman, et vir, Petitioners v. Quicken Loans, Inc. The central issue is the legitimacy of fee-splitting under the Real Estate Settlement Procedures Act. At the crux of the legal debate is Section 8(b) of the Real Estate Settlement Procedures Act, 12 U.S.C. §2607(b), which states that no person “shall give and no person shall accept any portion, split or percentage of any charge made ...

California. In Kathryn McOmie-Gray v. Bank of America Home Loans FKA Countrywide Home Loans Inc., the Ninth Circuit has ruled that the Truth in Lending Act sets a three-year limitation for the borrower to file notice of claim for loan rescission. McOmie-Gray sought rescission of her loan for alleged violations of disclosure requirements under TILA. The district court dismissed the suit as untimely because it was filed after the three-year period set by TILA. McOmie-Gray subsequently argued to the appeals court ...