The lawsuit seeks to recover unspecified damages and penalties from the defendants for using fraudulent mortgage assignments and FHA endorsements to submit tens of thousands of false FHA claims from 2000 through 2010.

Ocwen Financial announced late last week that its planned purchase of mortgage servicing rights on a $39.2 billion portfolio of mortgages from Wells Fargo is on “indefinite hold” due to a request and scrutiny by the New York Department of Financial Services. Industry participants suggest that delays in servicing transfers due to third parties are common and the deal with Ocwen, which largely consists of mortgages in non-agency MBS, will be completed. “Ocwen will continue to work closely with the NYDFS to resolve its concerns about Ocwen’s servicing portfolio growth,” the servicer said. The NYDFS raised concerns that Ocwen doesn’t have enough capacity to handle the significant portfolio growth experienced by the servicer in recent years. Certain nonbank servicers are getting...

Losses incurred for rep-and-warrant claims tied to MBS could total $89 billion eventually. However, banks have already reserved $88 billion, according to some tallies.

Fannie Mae and Freddie Mac saw dramatic declines in the number of underwater mortgage refinances they acquired in the fourth quarter of 2013, according to a new Inside MBS & ABS analysis. Mortgage lenders delivered an estimated 103,878 Home Affordable Refinance Program loans to the two government-sponsored enterprises in the fourth quarter, down 49.0 percent from the previous period. Our estimate, based on loan-level MBS data, supplement Federal Housing Finance Agency figures that have been updated only through November. The final three months of last year produced...[Includes one data chart]

Issuers of non-agency MBS and agency mortgage sellers have addressed most of the legacy representation and warranty issues that have bedeviled the market for the past few years, according to industry analysts. However, repurchase and buyback issues haven’t been completely resolved as investors and regulators make last grasps at recoveries. Analysts at Compass Point Analytics & Trading estimated that the total losses incurred for rep-and-warrant claims from Fannie Mae, Freddie Mac, the Federal Housing Finance Agency, the FHA and non-agency MBS investors by publicly traded U.S. originators still in existence will total $89.0 billion. The analysts said lenders have charged off or reserved $88.0 billion for such losses. Compass Point said...

Purchase-mortgage lending exceeded refinance production for the first time in five years during the fourth quarter of 2013, according to a new Inside Mortgage Finance ranking and analysis. The shift has been in the works for some time as the potential refinance market began to shrink when interest rates rose late in the second quarter of last year. Mortgage lenders originated an estimated $168 billion of purchase mortgages during the fourth quarter of 2013, accounting for 55.1 percent of total originations. The last time purchase mortgages comprised more than half of new production was back in the fourth quarter of 2008. But purchase-mortgage originations fell...[Includes three data charts]

Mortgage industry attorneys expect to see more Consumer Financial Protection Bureau enforcement actions in the future stemming from compliance deficiencies that were dug up during the supervisory examination process. “One of the things that we saw towards the last quarter of 2013 was a couple of enforcement actions which grew directly out of supervisory exams,” Allyson Baker, a partner in the litigation group at the Venable law firm, said during a webinar this week sponsored by Inside Mortgage Finance. Baker, formerly an enforcement attorney with the CFPB, was referencing...

The whistleblower who gained fame and a lot of money from suing major banks for “robo-signing” and other improper mortgage servicing practices has filed an amended lawsuit accusing 22 companies of defrauding the Department of Housing and Urban Development of billions of dollars in false FHA claims. Lynn Szymoniak, whose 2011 interview on “60 Minutes” blew the lid off improper servicing practices at some major banks, filed a qui tam, or whistleblower, lawsuit in the U.S. District Court of South Carolina last week alleging violations of the federal False Claims Act and state false claims statutes. Defendants include CitiMortgage, Wells Fargo Bank, Bank of America, Deutsche Bank, HSBC USA, JPMorgan Chase and U.S. Bank, as well as servicers, trustees, custodians and title companies. The lawsuit seeks...

The idea of expanding the Home Affordable Refinance Program may never die, but comments this week show the Obama administration has little interest in reviving it. During a question-and-answer event this week sponsored by Politico, Department of Housing and Urban Development Secretary Shaun Donovan made it clear that HUD will not push for an expansion of HARP. While more could be done for non-agency borrowers, he said that would require legislation. “I think we should continue to look at everything we are doing in marketing it … but I think this is something we ought to continue to look at on the legislative front,” said Donovan. An industry lobbyist said...

Future changes to Home Mortgage Disclosure Act regulations may shed more light on how lenders adapt to the new ability-to-repay rule, as well as assessing the role of credit history and payment burden in the lending process and mortgage pricing. The Consumer Financial Protection Bureau late last week took the opening steps in overhauling HMDA reporting requirements under provisions included in the Dodd-Frank Act. Among the changes on the table are disclosing the loan term, total points and fees, the length of any teaser or introductory rate, and the applicant or borrower’s age and credit score. Also, the CFPB is...