In what is likely the first such case of its kind, a law firm headed up by former Ohio Attorney General Marc Dann, D, brought suit last month in the Eastern Division of the U.S. Northern District Court of Ohio against JPMorgan Chase, alleging the lender violated the new mortgage servicing regulation promulgated by the CFPB. According to court documents, homeowner Bethanne Wasko, of Poland, OH, was always current on her mortgage until she sought a loan modification and was told by Chase that she would need to stop making payments in order to be eligible. Wasko did as she was told, her attorney’s filing said, but instead of offering her the modification she sought, the bank filed for foreclosure. ...

The American Bankers Association told the CFPB 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. The first issue involved rolling delinquencies and the “120-day rule.” The bureau’s rule prohibits a servicer from making the first notice or filing for foreclosure unless a borrower’s mortgage loan obligation is more than 120 days delinquent. Many ABA members asked how this 120-day rule applies to “rolling delinquencies,” which occur when delinquent borrowers resume making payments on the loan without making up for past missed payments. “ABA members need regulatory certainty regarding how to apply ...

The Mortgage Bankers Association, in a bit of a surprise move, is pressing the CFPB, the Conference of State Bank Supervisors and members of Congress for changes to the Secure and Fair Enforcement of Licensing Act and other regulations that would provide uniform testing standards for all mortgage loan officers. The development is somewhat unexpected in that the trade group is calling for regulators and lawmakers to increase the compliance load for its members. Under the SAFE Act, there are two regimes for loan officers. Loan officers who work for nonbank lenders have to be licensed. That includes testing, pre-licensing and continuing education requirements, as well as extensive criminal and financial background reviews by state regulators. Additionally, they also must ...

Another CFPB Official Heads for the Private Sector. CFPB Enforcement Attorney Manuel Alvarez has been hired away by Affirm, a young financial services company based in San Francisco, to be its first chief compliance officer and general counsel. In his new role at Affirm, Alvarez will oversee and manage the company’s regulatory compliance program and related actives to prevent illegal, unfair or deceptive conduct. He will also take charge of the firm’s working relationships with regulators and Affirm’s service providers. “Consumers often don’t understand the fees or interest they pay on a revolving account. That has to change,” said Alvarez. “Affirm’s commitment to delivering honest and transparent financial products totally aligns with my long-standing commitment to consumer protection.” Alvarez was ...

FHA violations were related to lender approval, loan origination and mortgage servicing practices.

The seller, which IMA would not identify, hopes to close the sale by Sept. 30. Just over 5,050 loans are in portfolio, which is top heavy in California.

Fannie Mae and Freddie Mac actually withdrew $881.5 million of buyback demands, more than lenders repurchased during the first quarter.

A solid increase in non-agency commercial MBS issuance during the second quarter of 2014 provided most of the lift in new income-property securitizations, according to a new Inside MBS & ABS market analysis. A total of $36.69 billion of commercial mortgages were securitized during the second quarter, up 16.1 percent from the first three months of the year. At the midway point in 2014, new CMBS issuance remained 24.7 percent behind the heady levels recorded over the same period last year, which ended up being the market’s highest point since the financial crisis. Fannie Mae, Freddie Mac and Ginnie Mae saw...[Includes two data charts]

At the midway point this year, agency multifamily issuance was off 36.9 percent from the first half of 2013, and production was essentially flat in the second quarter.

The immediate future is looking mostly bright for publicly-traded real estate investment trusts that toil in the commercial real estate sector – that is, as long as origination volumes remain healthy. Several high-profile commercial REITs – including Starwood Property Trust, Colony Financial and Ladder Capital – do not report second quarter results until next week, but hopes are high that earnings will be mostly positive. One commercial REIT that did report this week was...