The $25.0 billion settlement involving five bank servicers includes refinance eligibility requirements that differ from the settlement’s loan modification program. Only portfolio loans are eligible to meet the settlement’s refi requirements, unlike the mod program, which includes portfolio loans, mortgages in non-agency mortgage-backed securities and FHA loans. Under the pending settlement with 49 state attorneys general and the federal government, Ally Financial, Bank of America, Citigroup, JPMorgan Chase and Wells Fargo must dedicate $2.78 billion toward refis for certain borrowers with negative equity ...

Nationstar Mortgage announced last week that it plans to acquire the $63.0 billion mortgage portfolio and certain other assets from Aurora Bank, a subsidiary of Lehman Brothers. The acquisition includes co-investment by a real estate investment trust affiliated with the owner of Nationstar and continues Nationstar’s rapid nonprime servicing growth. The high-touch servicer said it expects the long-pending sale by the bankrupt Lehman to close during the second quarter of 2012. A number of other servicers had expressed interest in bidding on the Aurora portfolio, including Ocwen Financial ...

Walter Investment Management is looking to leverage its subservicing relationships with the government-sponsored enterprises and avoid bidding wars to grow its servicing portfolio, according to officials at the special servicer. The company handled an $86 billion portfolio at the end of 2011, predominantly subserviced for others and added $57 billion in servicing during the year, all on a subservicing basis. Some $750 billion in mortgages are currently in the pipeline to potentially be transferred to special servicers, according to Denmar Dixon, vice chairman and executive vice president at Walter. The loans include potential sales of mortgage servicing rights as well as subservicing opportunities ...

The Treasury Department announced last week that it will restore Home Affordable Modification Program incentive payments previously withheld from Bank of America and JPMorgan Chase. The move was prompted by the servicers agreeing to participate in the proposed $25.0 billion servicing settlement and not necessarily by improved HAMP performance. In fact, the consent judgments filed against BofA and Chase specifically cite deficiencies in the servicers’ HAMP performance. “The United States contends that it has certain civil claims based on conduct of the company and its affiliated entities in servicing of mortgage loans,” the complaint against each servicer states, later citing implementation of the Making Home Affordable Program and all of its components, among other deficiencies ...

Flagstar Bank’s recent $133 million settlement with the Department of Justice to resolve fraudulent FHA lending practices could increase lender overlays on the FHA product, resulting in fewer borrowers being able to qualify for an FHA-insured loan, according to analysts. The Flagstar settlement, which came in the wake of the $25 billion national settlement between servicers and state and federal agencies, exacerbates the situation for lenders that already have previous concerns about the severity of FHA fines, including treble damages, for violations of FHA’s highly complex and technical rules, analysts said. Whatever relief FHA lenders may have drawn from the robo-signing settlement was ...

Failure by the five largest FHA mortgage servicers to establish effective controls and to comply with FHA foreclosure procedures resulted in improper servicing practices that may have exposed them to liability under the False Claims Act, the Department of Housing and Urban Development’s Office of the Inspector General concluded in separate, recently released audits. The HUD-OIG audits of the top five FHA servicers – Bank of America, Ally Financial, Wells Fargo, CitiMortgage and JPMorgan Chase – revealed a variety of questionable foreclosure practices involving the use of foreclosure “mills” and robo-signing of sworn documents in thousands of foreclosures throughout the country. The audits were ...

Significant price cuts to the FHA’s Streamline Refinance Program will not hurt the Mortgage Mutual Insurance Fund but will, in fact, benefit from the lower pricing in the long term, said Acting FHA Commissioner Carol Galante.Testifying last week before the Senate Appropriations Subcommittee on Transportation, Housing and Urban Development and Related Agencies, Galante said the pricing cuts to encourage streamline refinancing as well as upfront and annual mortgage insurance premium increases for forward and jumbo mortgages will generate an additional $1 billion this fiscal year and next, in addition to projections in the president’s FY2013 budget. According to Galante, the FY2013 budget proposal ...

The Department of Housing and Urban Development has issued new guidance allowing non-FHA mortgage loans to qualify for an FHA refinance loan if the lender or investor agrees to write off the unpaid principal balance of the original first-lien mortgage by at least 10 percent. The guidance expands last year’s enhancements to the FHA Short Refinance program, which allowed responsible homeowners with negative equity to refinance into a 30-year, fixed-rate FHA loan. It also extends the program until Dec. 31, 2014. Under the latest changes, underwater borrowers who may have been delinquent ...

Ginnie Mae will question certain mortgage-backed securities issuers about reporting inconsistencies in pool data submissions over the last couple of months and try to resolve those issues to avoid delay in MBS pool processing. In an audio conference with issuers last week, Ginnie Mae officials said agency staff discovered the flawed data submissions while poring over several months’ worth of pool data submitted by issuers. While most of the information fell within theVargas said the discrepancies were attributed to a small group of issuers, who will be contacted soon to work on corrections before Ginnie Mae puts stronger edits up front. She said the agency wants to ...

The Department of Housing and Urban Development has announced new underwriting guidance relating to the handling of disputed accounts, documentation requirements for self-employed borrowers and identity-of-interest transactions. Announced in Mortgagee Letter 2012-3, the underwriting changes in the HUD handbook will be integrated into the FHA Single-Family Online Handbooks shortly. The revised guidance will take effect on April 1. Under the old guidance regarding disputed accounts and public records, if the credit report reveals that the borrower is disputing any adverse credit information, the mortgage application must be ...