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RBS Settles MBS Suit for $275 Million; Judge Approves Lehman Settlement With Freddie

February 21, 2014
In what’s claimed to be the third-largest settlement of a class-action suit by investors in non-agency MBS, Royal Bank of Scotland agreed to pay $275 million in cash. Investors led by the New Jersey Carpenters Vacation Fund claimed that RBS did not disclose that loans included in Harborview MBS that it sold failed to meet the deals’ underwriting guidelines. The settlement is awaiting approval by U.S. District Judge Harold Baer in U.S. District Court for the Southern District of New York. Separately, the remains of Lehman Brothers settled...
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Stakeholders Seek Further Changes to Draft Model Law on Uniform, Consistent State Foreclosure Law

February 21, 2014
Stakeholders continued to express concern over certain provisions in a draft model law that would be used as an overlay to, rather than a replacement of, existing state foreclosure laws. While many provisions of the current draft of the Home Foreclosure Procedures Act are right on track, several other provisions would raise the cost of lender compliance and make the origination and servicing of residential mortgages more difficult, warned stakeholders. “Sensible reform of the foreclosure process should not include...
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Delays in Closings are Common on Purchase Mortgages With MI, FHA Loans

February 21, 2014
Brandon Ivey
According to responses from real estate agents involved in 1,401 transactions in January, some 45 percent of purchase mortgages with private MI experienced a delayed closing. And 42 percent of FHA purchase mortgages experienced a delay in closing.
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Industry Experts Tell CFPB to Thin Out the Paperwork

February 21, 2014
Thomas Ressler
Although some industry groups said it is too soon to get into another massive overhaul, others pointed to the forest of overlapping and confusing documents as a good place to start.
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What We’re Hearing: Nonbank Servicers Get No Respect / Fannie Mae CEO Doesn’t Fear Nonbanks / Freddie Did It First / Ocwen’s Interesting New Bond Deal / Mortgage Vendor About to Announce a Huge Purchase?

February 21, 2014
Paul Muolo
Although some regulators have anxiety problems with nonbank servicers, Fannie Mae apparently does not. Meanwhile, a large mortgage vendor M&A deal could be revealed late Friday.
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Fannie’s 4Q Profits Allow GSE to ‘Repay’ Treasury Plus $5.0 Billion

February 21, 2014
Fannie Mae reported net earnings of $6.5 billion in the fourth quarter late this week, revealing that the company’s total dividend payments to the U.S. Treasury will exceed the $116.1 billion that the GSE has drawn since being put into conservatorship in late 2008. The company will pay the Treasury $7.2 billion in dividends in March. With the March dividend payment, Fannie will have paid a total of $121.1 billion in dividends to the Treasury – the equivalent amount of its entire draw plus an additional $5.0 billion.
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2010 Treasury Memo Cites White House Intent to Sweep GSE Profits

February 21, 2014
A recently unearthed Treasury Department “action memorandum” from 2010 makes clear the White House’s commitment to ensuring that common shareholders in Fannie Mae and Freddie Mac should never have access “to any positive earnings from the GSEs in the future.” The memo, approved by then-Secretary Timothy Geithner, asks that Treasury waive the GSEs’ periodic commitment fee for 2011.
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Freddie Settles with Bankruptcy Estate of Lehman Brothers

February 21, 2014
Some five and a half years after it filed for Chapter 11 bankruptcy protection, the remains of Lehman Brothers settled the legal claim by Freddie Mac stemming from $1.2 billion in loans made by the GSE to the investment bank just before the financial collapse. Judge Shelley Chapman of U.S. Bankruptcy Court in Manhattan approved this week the settlement that would see Lehman Brothers Holdings Inc. pays $767 million to the GSE to close out Freddie’s bid to collect on the unpaid loan.
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Calls for GSE Reform Bill Mount As Legislative Window Closes

February 21, 2014
The call for housing-finance reform and a legislative solution to Fannie Mae and Freddie Mac continues to grow among policymakers, but as the clock runs down some industry observers say it is already too late for effective action this year. Senate Banking Housing and Urban Affairs Committee Chairman Tim Johnson, D-SD, and Ranking Member Mike Crapo, R-ID, reportedly remain close to unveiling a housing finance reform bill.
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FHFA’s IG Calls for Stricter Use Of GSE Repurchase Late Fees

February 21, 2014
The Federal Housing Finance Agency’s Inspector General wants Fannie Mae and Freddie Mac to penalize lenders for delays in repurchasing loans via an aggressive application of buyback late fees. The FHFA issued a “contract harmonization directive” in January 2012 calling for the two GSEs to develop “consistent timelines and collection standards for fees and penalties and additional types of penalties and remedies.”
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