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HAMP Activity Down Significantly in Second Quarter, Servicers Seen as Too Stringent

August 9, 2012
Home Affordable Modification activity in the second quarter of 2012 was well below HAMP activity in the second quarter of 2011, according to an Inside Mortgage Finance analysis of reports from the Special Inspector General for the Troubled Asset Relief Program and Treasury Department. The number of permanent HAMP mods outstanding hit 818,803 at the end of the second quarter of 2012, an increase of 24,055 compared with the previous quarter. But activity in the second quarter of 2012 was down 65.7 percent compared with activity a year ago. HAMP activity spiked in the second quarter of 2011 and has declined each quarter since. A recent audit completed by the SIGTARP suggested that activity has been limited...
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Industry Participants Agree on the Need for Appraisal Reform, Differ on Whom to Blame

August 9, 2012
Mortgage lenders and appraisers widely agree that the appraisal process needs to be improved, as the industry faces a fresh wave of new federal regulations. During a conference sponsored this week by the Collateral Risk Network and the American Enterprise Institute, John Brenan, director of appraisal issues at The Appraisal Foundation, suggested that lenders have stymied appraiser efforts to change the process. “You can’t ignore the fact that the banking lobby is one of the strongest in the country,” he said. Penny Reed, a vice president of strategic partner management at Wells Fargo Home Mortgage, acknowledged...
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CFPB Defends Size of Disclosure Proposal

August 6, 2012
The Consumer Financial Protection Bureau has been feeling the heat over the size of its proposed rule to streamline and integrate the disclosures consumers get when taking out a home loan, so agency officials engaged in a little bit of push-back last week in an effort to fend off the criticism. The push-back started early in the week during a hearing of the House Small Business Committee, during which Rep. Scott Tipton, R-CO, took issue with the rulemaking’s size that exceeded 1,000 pages in draft form, a fraction of which is new...
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CFPB Takes on Mortgage Assistance Firm

August 6, 2012
The Consumer Financial Protection Bureau initiated its first enforcement action last month, filing a sealed complaint in federal court in California against an attorney and affiliated partners and companies that offered loan modification and foreclosure relief services to struggling homeowners. The bureau’s complaint alleges that defendant Chance Edward Gordon, some of his colleagues and related companies in the Los Angeles area, deceived consumers with false promises of obtaining loan modifications in exchange for...
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Avoid Unintended Consequences With MLO Rule, Industry Says

August 6, 2012
A handful of mortgage lending industry trade groups have written the Consumer Financial Protection Bureau with several recommendations to help the bureau avoid unintended consequences in its upcoming rulemaking on mortgage‐loan originator compensation, as per the Dodd-Frank Wall Street Reform and Consumer Protection Act. To begin with, the American Bankers Association, the American Financial Services Association, the Consumer Mortgage Coalition and the Independent Community Bankers of America encouraged the CFPB to...
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Full Court Press Continues for Broad Definition of a “QM”

August 6, 2012
U.S. Sens. Roy Blunt, R-MO, Jerry Moran, R-KS and Mark Begich, D-AK, wrote Consumer Financial Protection Bureau Director Richard Cordray late last week, urging the regulator to include a broad definition of “qualified mortgage” – and a true legal safe harbor for conforming loans – in the bureau’s forthcoming ability-to-repay rules. “These rules will have a dramatic impact on the mortgage market, and if drafted too narrowly could severely restrict access to mortgage credit,” the trio wrote. “To prevent these unintended consequences...
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CFPB Probing Private Mortgage Insurance Arena for Kickbacks

August 6, 2012
American International Group, MGIC Investment, Genworth Financial and Radian Group have been served with subpoenas by the Consumer Financial Protection Bureau, the firms said in public filings last week, as the bureau is apparently probing to determine if the mortgage insurance companies transferred billions in M.I. premiums to the banks that made the mortgages. PHH Corp. made a similar disclosure back in January. The CFPB’s subpoenas, known as Civil Investigative Demands, indicate that the bureau’s enforcement...
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Capital One Settles with DOJ, OCC Over Alleged SCRA Violations

August 6, 2012
Last week, the Office of the Comptroller of the Currency and the Department of Justice announced a $12 million settlement that resolves legal and regulatory actions brought against Capital One for alleged violations of the Servicemembers Civil Relief Act, including foreclosing without a court order. The agreement requires Capital One to pay approximately $7 million in damages to service members for SCRA violations, including at least $125,000 in compensation plus compensation for any lost equity (with interest) to each service...
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Ocwen Over-Hired to Increase Servicing Portfolio

August 3, 2012
Officials at Ocwen Financial revealed this week that the servicer hired more employees than operationally necessary in an effort to win bids for servicing and subservicing. They said they are now in the process of right-sizing staffing levels through a number of different techniques. “We over-hired to make sure we could hit the cover off the ball on the deals that we knew we had in-hand,” Ron Faris, president and CEO of Ocwen, said during the servicer’s earnings presentation for the second quarter of 2012. Ocwen completed ...
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Senate Securities Subcommittee Chair Wants to Know ‘Who’s in Charge’ of Tri-Party Repo Market Oversight

August 3, 2012
The top priority in any effort to revamp, reform or otherwise reduce risk in the $1.8 trillion tri-party repurchase or repo market should be to clearly determine “who’s in charge from a federal perspective,” according to a top Senate Democrat. In holding this week’s hearing of the Senate Banking Subcommittee on Securities, Insurance and Investment, Chairman Jack Reed, D-RI, said the government needs to defuse potential risk to the tri-party repo credit market for funding as an act of emergency preparedness rather than allow another financial crisis, such as what crippled the market in 2008. “One of the lessons we learned...
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