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Servicing Consolidation Expected to Continue

January 11, 2013
Sales of delinquent mortgages to nonbank servicers are expected to continue throughout 2013, according to industry analysts. The sale of $306 billion in mortgage servicing rights announced this week by Bank of America could be the largest transfer this year, but there appears to be plenty of remaining volume for established special servicers and expected new nonbank servicers. “We believe that other banks with large MSR assets may also begin to complete sales or pursue other strategies to limit their size on bank balance sheets,” Fitch Ratings said. Analysts suggest...
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Nationstar to Buy Non-Agency Servicing from BofA

January 11, 2013
Nationstar Mortgage announced this week that it agreed to purchase $113 billion in non-agency mortgage servicing rights, as measured by unpaid principal balance, from Bank of America. The sale will more than double Nationstar’s non-agency servicing portfolio. Some $102 billion in agency mortgages are included in the sale, which priced at $1.3 billion. Walter Investment Management concurrently announced the purchase of $93 billion of unpaid principal balance in Fannie Mae-backed servicing assets from BofA. Ocwen Financial also reportedly bid...
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Non-Agency Loans in Foreclosure Settlement

January 11, 2013
An $8.5 billion settlement this week between federal regulators and 10 servicers included a large portion of non-agency mortgages. Servicers with significant non-agency holdings were also left out of the settlement, though federal regulators said they are still working toward a deal with those companies. The settlement applies to foreclosures initiated in 2009 and 2010. Non-agency mortgages had much higher foreclosure rates than other mortgage types during that time. Aurora, Bank of America, Citibank, JPMorgan Chase, MetLife Bank, PNC, Sovereign, SunTrust, U.S. Bank and Wells Fargo agreed...
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News Briefs

January 11, 2013
Servicers handling portfolio loans and non-agency mortgages continue to increase their use of principal reduction loan modifications, according to the Office of the Comptroller of the Currency. Some 23,335 principal reduction mods were completed in the third quarter, up from 11,178 in the third quarter of 2011 and from 14,944 in the second quarter of 2012. The mods accounted...[Includes four briefs]
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Industry Optimistic about Galante’s Commitments

January 11, 2013
Mortgage industry participants are confident that newly confirmed FHA Commissioner Carol Galante will deliver on reforms she committed to in an effort to reach out to Republican critics. Eighteen Senate Republicans veered away from their hardline party colleagues to help Carol Galante secure confirmation of her nomination as the Department of Housing and Urban Development’s chief overseer of the FHA mortgage insurance program and overlord of housing policies. Galante broke through the GOP firewall Dec. 30 after the Senate voted 69 to 24 to approve her nomination. She needed at least 60 votes to ...
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GOP to Seek Ten Percent Downpayment for FHA?

January 11, 2013
Although it is far from settled that the FHA will raise its downpayment threshold from the current 3.5 percent, there is a growing fear among some lenders that Republicans in Congress might push for a 10 percent downpayment. If that happens, said David Lykken, managing partner of Mortgage Banking Solutions, Austin, TX, “it would bring HUD to its knees.” Lykken and others fear that anything north of 5 percent would hammer the market, in particular first-time homebuyers who use the program heavily for purchases as opposed to refinancings. “We need the FHA charter to help first-time buyers,” he said. How much of a downpayment hike certain House GOP members might demand will be ...
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HECM Lawsuit Against HUD Reversed on Appeal

January 11, 2013
A federal appeals court in Washington, DC, has overturned a lower court’s dismissal of a lawsuit accusing the Department of Housing and Urban Development of denying protection for surviving spouses of deceased principal borrowers of reverse mortgages against ejection due to foreclosure. The case, Robert Bennett, et al. v. Shaun Donovan, revealed an apparent inconsistency between HUD regulations and the federal statute that created the FHA’s Home Equity Conversion Mortgage Program. This inconsistency was at the root of the district court’s previous decision to dismiss plaintiffs’ claim for lack of standing, which the ...
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HUD Rules May be Used in Foreclosure Defense

January 11, 2013
Homeowners may seek to stop a non-judicial foreclosure if the lender fails to comply with the Department of Housing and Urban Development’s servicing requirements, according to a California appeals court. In Pfeiffer v. Countrywide Home Loans, the plaintiffs sued to halt foreclosure proceedings that the lender initiated after the FHA mortgage went into defThe complaint alleged that Countrywide failed to provide the borrowers the 30-day advance notice required by the federal Fair Debt Collection Practices Act or to conduct a face-to-face interview, which HUD requires prior to initiating foreclosure proceedings. In addition to the injunction, the plaintiffs ...
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FHA Requires Accurate NMLS Info in FHAC

January 11, 2013
The Department of Housing and Urban Development is implementing changes to FHA Connection to ensure FHA-approved lenders are providing accurate identification information about their loan officers for better monitoring and supervision. Effective Jan. 28, the FHA will not assign case numbers to lenders if the names and registration numbers of their loan officers under the National Mortgage Licensing System are entered incorrectly into the system. The same requirement applies to lenders registering a new third-party originator (TPO) in the ...
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FHA Excludes Small Lenders from Some Reporting

January 11, 2013
Competition in FHA lending may get a boost following the easing of reporting requirements for insured depository institutions with $500 million or less in total assets. The Department of Housing and Urban Development recently announced a policy change to eliminate a requirement for small supervised lenders and mortgagees to submit internal control and compliance reports under the FHA’s interim financial reporting rules. Independent mortgage companies, regardless of their asset size, are not covered by the exemption. A supervised lender or mortgagee is a financial institution that is a member of ...
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