DOJ’s initial penalty calculation was based on the gross loss to Fannie and Freddie from the default of the loans, but now the government says the court should use gross gain, instead of net gain to set the maximum allowable penalty.
Federal prosecutors have been successful in defending their use of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 in pursuing mortgage-related securities fraud and will continue to use the statute aggressively in enforcement actions barring any adverse court action, according to industry compliance experts. Only a handful of FIRREA cases were filed in the first 20 years after enactment of the statute, mostly simple fraud cases. In the last two years, however, the government has aggressively used FIRREA and the False Claims Act to target financial institutions for activities related to the origination, rating, securitization and servicing of residential mortgages. Of the two statutes, the government has pushed...
A Manhattan federal bankruptcy court this week approved Lehman Brother’s proposed $2 billion-plus settlement that would end an $18.9 billion claim filed against the defunct investment bank by Fannie Mae over soured mortgage securities. Judge James Peck of the U.S. Bankruptcy Court for the Southern District of New York, signed off on the settlement agreement between Lehman Brothers Holdings Inc. and the government-sponsored enterprise, as well as Lehman’s wholly owned subsidiaries Aurora Commercial Group and Aurora Loan Services. ALS was a large Alt A lender/servicer. The deal grants...
President Obama’s scant mention of housing finance reform or mortgage policy during this week’s State of the Union address was not entirely a surprise, say industry observers, but an administration official’s remarks last week on the Home Affordable Refinance Program’s outlook were more encouraging. Obama spoke of housing exactly twice during his prime time speech: first to describe the housing market as “rebounding” and again to demand from Congress “legislation that protects the taxpayers from footing the bill for a housing crisis ever again.” Fannie Mae or Freddie Mac were mentioned...
At deadline we got wind of a former Wall Street investment banker who is setting up a fund to help independent mortgage firms (nonbanks) raise capital.
Issuance of non-agency mortgage-backed securities is expected to remain constrained until a number of issues are sorted out, from reform of the government-sponsored enterprises to an increase in demand from investors. “The non-agency MBS market is stuck somewhat in limbo until we know where the GSEs are going,” said Steven Abrahams, head of securitization and MBS research in the U.S. at Deutsche Bank Securities, during last week’s ABS Vegas conference. More than 5,600 people registered ...
The risks that come with originating loans that don’t receive qualified mortgage protections can be significant. However, industry participants suggest that low-risk non-QMs can be priced at levels similar to the interest rates available on QMs. While interest-only mortgages don’t meet the Consumer Financial Protection Bureau’s standards for QMs, a number of banks plan to continue to offer IOs to well-qualified borrowers. Analysts at Barclays Capital noted that the loans don’t present lenders with ...
Borrowers looking to purchase a home with a loan balance above conforming loan limits have a number of financing options, according to real estate agents across the country. However, some potential homebuyers are opting to avoid jumbo mortgages by paying with cash or putting enough down to receive a conforming mortgage. Tom Popik, research director of Campbell Surveys, said respondents to the latest Campbell/Inside Mortgage Finance HousingPulse Tracking Survey reported that jumbo mortgage availability ...
Ocwen Financial agreed to purchase the servicing rights on $39.2 billion of mortgages from Wells Fargo. The mortgages included in the deal are largely in non-agency mortgage-backed securities. Ocwen will pay $2.7 billion. The Obama administration renewed calls for Congress to approve legislation that would establish a refinance program for non-agency borrowers. The administration has been pushing for a non-agency refi program since at least early 2012 but Republicans in Congress ... [Includes three briefs]
RSS