A report issued late last week by the Federal Housing Finance Agency Office of Inspector General has concluded that the FHFA did nothing to subvert its role as Fannie Mae and Freddie Mac’s regulator when the agency negotiated the GSEs’ administrative responsibilities under the Treasury Department’s Home Affordable Modification Program.However, the FHFA-OIG noted there was ample room for improvement in the Finance Agency’s oversight of the GSEs’ financial agency agreement (FAA) with Treasury, which resulted in poor communication and differing expectations as to the payment and scope of the HAMP-related work that the GSEs performed.
A conservative, non-partisan public interest group is considering its options following a recent federal appeals court decision affirming the Federal Housing Finance Agency’s right to withhold documentation revealing the extent of political campaign donations made by Fannie Mae and Freddie Mac.On Aug. 5, the U.S. Court of Appeals for the District of Columbia upheld a lower court ruling against Judicial Watch.
AARP has filed a class action lawsuit against Wells Fargo Bank and Fannie Mae in the U.S. District Court for the Northern District of California in San Francisco on behalf of reverse mortgage borrowers and their survivors in what it says is an attempt to head off illegal Home Equity Conversion Mortgage foreclosures and evictions.
One of the most important issues for mortgage lenders and homebuyers alike in the whole qualified mortgage/risk-retention/ability-to-repay debate is how much legal liability lenders will have over the mortgages they originate in the Dodd-Frank era. For policymakers, one of the biggest decisions they will have to make to bring certainty to that question is which legal standard to impose, a “rebuttable presumption” or a “safe harbor.” …
The new Consumer Financial Protection Bureau is moving rapidly along with its integrated mortgage disclosure project, issuing a third iteration of disclosure prototypes and closing off the comment period on them in just the past two weeks since the last issue of Inside Regulatory Strategies went to press. This time around, the CFPB issued another pair of disclosures, named “Camellia” and “Azalea,” which would be used for mortgages with a balloon payment at the…
Policymakers interested in pushing national mortgage servicing standards are right to make sure that homeowners who were harmed by abusive industry practices are compensated. However, there is still a tremendous amount of uncertainty in the housing and housing finance markets, and any servicing standards that are developed must address that if the weights that hold the markets back are to be cut lose and private capital comes back in full force, a top industry…
AARP and two law firms recently filed a class action in the U.S. District Court for the Northern District of California in San Francisco against Wells Fargo and Fannie Mae on behalf of reverse mortgage borrowers and their survivors in an attempt to keep Home Equity Conversion Mortgage foreclosures and evictions in the state at bay. …
The U.S. Court of Appeals for the District of Columbia has ruled against the conservative watch dog group, Judicial Watch, and in favor of the Federal Housing Finance Agency, determining that the FHFA is not required to release documentation revealing the extent to which Fannie Mae and Freddie Mac may have contributed to political campaigns. …
In Simms Parris v. Countrywide Financial Corp., the U.S. Third Circuit Court of Appeals has affirmed the lower court’s dismissal of a consumer claim against Countrywide, ruling that the homeowner, Simms Parris, had no direct cause of action under the Fair Credit Reporting Act because she did not first notify the credit reporting agency of her dispute with the lender. …
In Commonwealth Property Advocates, LLC v. Mortgage Electronic Registration Systems, Inc.; CitiMortgage, Inc.; et al., the Utah Court of Appeals affirmed the trial court determination that MERS has the right to enforce deeds of trust regardless of whether the underlying debt has been sold and securitized. In this case, the original borrower had transferred her interest in the property to a third-party entity, Commonwealth Property Advocates, which litigated questioning MERS’ authority under the trust…
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