The Department of Justice’s recent civil lawsuit against Bank of America/Countrywide over allegedly defective loans sold to Fannie Mae and Freddie Mac is a clear sign of the government’s more aggressive use of the False Claims Act and the 1989 thrift bailout law to target not only participants in government loan programs but any lender who sold loans to the government-sponsored enterprises, according to industry lawyers. Filed last week by the U.S. Attorney for the Southern District of New York, the suit is another example of the government’s increasingly aggressive effort to recoup taxpayer losses from the financial meltdown and to remind potential violators of the significant whistleblower provisions in the FCA and the Financial, Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA), noted the Washington, DC, law firm BuckleySandler. The DOJ is following...

An auction last week for about $374.0 billion in mortgage servicing and the origination platform of bankrupt Residential Capital ended with Ocwen Financial and Walter Investment Management as joint winners – along with some drama. Walter appears to have been brought into Ocwen’s bid due to concerns about offshore servicing, while Nationstar Mortgage, the loser in the auction, claims the firms paid too much for the assets. Special servicers Ocwen and Walter won...

Fannie Mae and Freddie Mac could repay the U.S. Treasury faster than previously forecast, according to updated projections of potential draws for the two government-sponsored enterprises issued last week by the GSEs’ conservator. According to the Federal Housing Finance Agency, Fannie and Freddie are expected to draw between $191 billion and $209 billion from Treasury by the end of 2015. This year’s “reduced and more stable” projection by the FHFA is lower than the previous estimate made only a year ago, which offered a range of between $220 billion and $311 billion for total support through the end of 2014. “The key drivers of those results include...

The use of conventional conforming mortgages in the home purchase market, which fell to the lowest level in more than a decade last year, is staging a comeback in 2012. A combination of events – particularly increased home buying by higher-income current homeowners and more attractive pricing for higher loan-to-value ratio conventional financing – appears to be fueling the growth. Perhaps the most visible sign of the growth in the conventional side of the home purchase market can be found in Fannie Mae’s and Freddie Mac’s latest mortgage activity numbers. According to data compiled by Inside Mortgage Finance, the combined home purchase mortgage business of Fannie and Freddie climbed to $77.6 billion in the third quarter of this year. That was not only up 33.6 percent from the second quarter’s volume, but put...

Officials at National Mortgage Insurance say a state-of-the-art business platform and a somewhat old-school approach to writing private MI will help the company establish a beachhead in an industry that’s seen three long-time players washed out to sea by the housing market collapse. National MI hopes to have its Fannie Mae and Freddie Mac approvals within the next few months, and it’s made significant headway in lining up state approvals, officials say. In June, the new private MI was approved for an accelerated licensing process that allows it to seek multiple state licenses on a streamlined basis. The private MI industry has seen...

Valuations of mortgage servicing rights could take a severe beating if scores of banks dump MSRs to avoid costly new capital requirements under rules to implement controversial international guidelines that have been proposed by U.S. banking regulators. Proposals to implement the Basel III capital rules for U.S. banks would be a game-changer for the mortgage industry, said David Motley, president of Colonial National Mortgage, during a panel session at the Mortgage Bankers Association annual convention last week. As proposed, the Basel III rules “would restrict our ability to grow and may cause us to shrink,” he said. The complex set of Basel III proposals would affect...

Mortgage lenders reported solid increases in loan originations during the third quarter of 2012, leading to a surge in securitization activity at Fannie Mae and Freddie Mac. Single-family mortgage originations totaled $475.0 billion during the third quarter, according to a new Inside Mortgage Finance analysis. That was up 9.2 percent from the second quarter of the year and marked the highest quarterly origination volume since the end of 2010, when an earlier refi surge pushed production to $520.0 billion. The strong third quarter suggests...[Includes two data charts]

Last week, the CFPB released a report entitled, “The Next Front? Student Loan Servicing and the Cost to Our Men and Women in Uniform,” outlining the unique servicing obstacles reported by U.S. military service members seeking to pay off student loan debt. “Since I began this job almost two years ago, I’ve visited over 40 different military installations – talking to senior leaders, military service providers and thousands of service members and spouses,” said Holly Petraeus, head of the bureau’s Office...

Lender and financial services industry representatives, commenting on the CFPB’s recently released five-year strategic plan, called for clear, comprehensive guidance to the industry along with enough time to ensure full compliance, given the sheer volume of all the other rulemakings being promulgated in the wake of the financial crisis. The American Financial Services Association, the Consumer Mortgage Coalition and the Mortgage Bankers Association said they were pleased that the first goal in the strategic plan is to prevent...

Representatives of the mortgage lending and financial services industries jointly told federal regulators they strongly support efforts to prevent property “flipping,” but they are also concerned that the regulators’ proposed rule to implement requirements for property appraisals in connection with “higher-risk mortgage” loans might be far too complicated. “[T]he main complexity of the proposed rule relates to the fact that Congress defined higher-risk mortgages based on the spread of the annual percentage rate (APR) over...