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NYDFS Alleges that Nonbank Servicers Use Affiliates To Side-Step Force-Placed Insurance Protections

August 7, 2014
The New York Department of Financial Services said it has concerns that certain nonbank servicers are using complex arrangements with affiliates to side-step borrower protections in force-placed insurance. Superintendent of Financial Services Benjamin Lawsky detailed what he called a “troubling” scheme between Ocwen Financial and a “related party,” Altisource Portfolio Solutions. “This complex arrangement appears designed to funnel as much as $65 million in fees annually from already-distressed homeowners to Altisource for minimal work,” Lawsky said in a letter this week to Timothy Hayes, Ocwen’s general counsel. According to the NYDFS, Ocwen recently implemented...
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As Servicers Learn to Adjust to New Rules, Attention Turns to Higher Cost of Compliance

August 7, 2014
The Consumer Financial Potection Bureau has been asked to make certain clarifications to the mortgage servicing rules that took effect early this year amid growing industry concern over the high cost of compliance. In a recent letter to the bureau, the American Bankers Association asked the agency to clarify the application of the “120-day rule,” which prohibits servicers from sending notice or filing for foreclosure unless the borrower is 120 days or more behind on the mortgage payment; requirement for periodic statements for charge-offs; and publication of an interim final rule providing bankrupt borrowers limited exemptions from the servicing rules. Complying with the servicing rules is...
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First Wave of HAMP Resets to Begin in October; How Much of a Payment Shock Will There Be?

August 7, 2014
Five years after the first round of loan modifications began in April 2009 under the Treasury Department’s Home Affordable Modification Program, 32,111 loans are scheduled for their first interest rate resets this October. The impact of this first wave is expected to be limited. But in each of the next successive four years, HAMP resets will reach into six-figure territory, and by the time the smoke clears, upwards of 800,000 loans will face multiple interest rate tests. “The HAMP resets will be...
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Agency Business Gains Speed in July

August 6, 2014
John Bancroft
Production of new agency mortgage-backed securities increased by 11 percent over June, according to a new Inside MBS & ABS ranking and analysis.
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Nationstar Acquires Servicing, is Poised for Further Growth

August 6, 2014
Brandon Ivey
Officials at Nationstar Mortgage suggest that regulatory issues won't prevent the nonbank servicer from growing.
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RPM Mortgage Launches ‘Tailored’ Non-QM Offerings

August 6, 2014
Brandon Ivey
RPM Mortgage is offering non-QMs for self-employed borrowers and recent retirees.
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Short Takes: Wells Loosens Jumbo Underwriting / Money Not the Top Draw for LOs / Refi Applications Increase / Multifamily Outlook

August 6, 2014
Brandon Ivey and Charles Wisniowski
Wells Fargo lowered the credit score it allows on jumbos the bank acquires from other lenders.
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Lawsky Accuses Ocwen of 'Troubling' Force-Placed Insurance Scheme

August 5, 2014
Brandon Ivey
The New York Department of Financial Services’ exam of Ocwen Financial has expanded into a force-placed insurance deal with Altisource Portfolio Solutions.
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Industry Group Seeks CFPB Clarification on Mortgage Servicing Rule

August 5, 2014
Thomas Ressler
The American Bankers Association told the Consumer Financial Protection Bureau that its members are working hard to refine their implementation of the bureau’s new mortgage servicing rules, but have bumped into a handful of questions and concerns they’d like the agency to address via regulatory guidance or amendment.
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Short Takes: Senator’s Bill to Amend TILA Has ‘Legs’ / MBA: Mortgage Credit Availability Increases In July /Freddie Announces Ninth Multifamily K-Deal of 2014 / Statebridge Receives Mid-Tier Rating from Fitch / Fannie: Lenders Expect Non-Agency Credit St

August 5, 2014
Brandon Ivey, Thomas Ressler, and Charles Wisniowski
Shortly before Congress left town for its annual summertime break, Sen. Mary Landrieu, D-LA, introduced S. 2641, legislation to amend the Truth in Lending Act to provide that residential mortgage loans held in portfolio would be deemed qualified mortgages for purposes of satisfying the requirements of the Consumer Financial Protection Bureau’s ability-to-repay rule.
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