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IRS Says Excess Servicing Spreads Are ‘Real Estate’ Assets Under REIT Law

August 5, 2013
George Brooks
According to an IRS private-letter ruling, certain excess servicing rights would constitute a real-estate asset, and income from the spread would be treated as interest on obligations secured by mortgages on real property.
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New Rules Pose Big Challenges for Servicers

August 2, 2013
The Consumer Financial Protection Bureau’s new criteria for error notices and information requests present considerable challenges to mortgage servicers, according to a new PricewaterhouseCooper analysis. Implementing the changes will require careful review and updates to systems, processes and responsibilities to ensure servicers’ compliance with the new standards, said PwC. The new procedures for error notices and information requests are based on existing rules for responding to qualified written requests ...
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Technology Will be Essential to QM Compliance

August 2, 2013
The complexities of the three percent points-and-fees calculation for the Consumer Financial Protection Bureau “qualified mortgage” standard under its ability-to-repay rule pretty much means that technology is going to be critical in order to be compliant. According to Michael Chan, vice president of ComplianceEase and an expert on compliance technology, the bureau’s QM standard will usher in a whole new paradigm. “Come Jan. 10, 2014, our industry again will be re-defined,” Chan told participants of a webinar ...
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Auditor Identifies Recurring Compliance Problems

August 2, 2013
Of all the compliance problems uncovered during quality-control audits and reviews of mortgage loans, three are recurring with consistency during the origination phase and originators should pay close attention, said a quality-control specialist. Tommy Duncan, chief executive officer of Quality Mortgage Services and a certified mortgage technologist, said errors continue to happen even though lender compliance has improved from previous years. Overall, regulatory compliance on the ...
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Ocwen’s India-Based Operation Seen as Savvy

August 2, 2013
Ocwen Financial Solutions Private Limited, a vendor based in India, received high marks from Morningstar Credit Ratings. OFS is a subsidiary of Ocwen Financial that handles servicing for more than 50 clients. Morningstar said the vendor’s metrics meet or exceed industry standards for customer relationship management, homeownership retention and delinquency management. “Ocwen India, with its multiple servicing platforms, extensive and ...
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Seasonal Factors Push Delinquencies Higher

August 2, 2013
Mortgage delinquencies increased by nearly 10 percent in June compared with the previous month, following five months of declines, according to Lender Processing Services. The increase is seen as a seasonal move, with delinquencies expected to continue to decline over the long-term. LPS last week estimated that the total delinquency rate, loans 30 or more days past due but not in foreclosure, was 6.68 percent as of the end of June, up from 6.08 percent in May. Foreclosures also increased ...
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Loan Retention Strategies a Win for Lenders

August 2, 2013
Mortgage lenders and servicers are dealing with increased regulatory scrutiny, compressed margins and a competitive origination environment. As interest rates continue to rise, firms are finding that many of the loans they currently service may no longer qualify as suitable refinance candidates. Additionally, as property values stabilize, a growing number of borrowers may become easy targets for other lenders. To address these issues, Rumson, NJ-based Loan Value Group has developed a package of ...
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HARP Production Slows as Interest Rates Edge Higher, Focus Turns to Homebuyers

August 2, 2013
Mortgage lenders saw a noticeable decline in refinancing of underwater Fannie Mae and Freddie Mac mortgages during the second quarter of 2013, according to a new Inside Mortgage Trends analysis of mortgage-backed securities data. Overall refinance volume at the two government-sponsored enterprises declined by 13.6 percent from the first quarter of 2013 to the second, although refi activity continued to make up a huge 75.8 percent of GSE business. Deliveries of Home Affordable Refinance Program ... [Includes two data charts]
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FHFA Seeks Changes to CFPB Rule

August 2, 2013
Certain provisions in the Consumer Financial Protection Bureau’s proposed changes to its mortgage servicing rule conflict with Fannie Mae’s and Freddie Mac’s own servicing guidelines and should be amended, according to the Federal Housing Finance Agency. In a comment letter, the Finance Agency cited the similar goals of the FHFA’s single, consistent set of servicing procedures established in 2011 to form the Servicing Alignment Initiative and the bureau’s 2013 Mortgage Servicing Final Rule. …
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Appeals Court Upholds Dismissal of Lawsuit over Freddie Losses

August 2, 2013
A federal district court in Illinois did not err in dismissing a lawsuit by investors against a hedge fund over nearly $7 million lost in Freddie Mac stock before the GSE was forced into conservatorship, according to a recent ruling by the Seventh Circuit Court of Appeals. The appeals court agreed with the lower court that the plaintiffs failed to present any valid cause of action.
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