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Joint Ventures: Boon for Some, Bust for Others

July 8, 2011
Mortgage lenders appear divided on whether a joint venture with home builders at this time would be profitable or just a shot in the dark. With home building and purchase-mortgage lending clearly in a slump, joint ventures are probably more important now than ever because the mortgage process has become more complicated and difficult for the consumer, according to a homebuilding industry executive. Bank of America, however, may be cold on joint ventures right now. Saddled with the misfortunes of Countrywide, BofA strategically ended a joint venture recently with ...
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Servicing Reform Weighs on Company Performance

July 8, 2011
Bank of America said it will spend $400 million just to implement the servicing changes it agreed to in a controversial proposed settlement with a group of investors in non-agency mortgage-backed securities issued by Countrywide Financial. The proposed settlement itself would cost the bank $8.5 billion, and BofA set aside another $5.5 billion to cover other possible buyback demands. Reckoning the cost of upgrading servicing systems has been a common theme in an industry that faces even bigger expenses from punitive charges. Ally Financial this week said it will cost the company ...
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GSE Servicing Change Challenges Industry

July 8, 2011
The mortgage servicing sector is warily eyeing new servicing standards cooked up by the government-sponsored enterprises at the behest of their regulator that strictly mandate the servicers’ delinquency management requirements. Some lenders dread an implementation predicament while others see opportunity. In late April, the Federal Housing Finance Agency announced its Servicing Alignment Initiative that requires Fannie and Freddie to devise uniform rules for servicing delinquent mortgages they own or ...
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Mortgage Slowdown in Second Quarter Hits All States; Midyear Trends Mixed

July 8, 2011
The dramatic slowdown in mortgage lending activity during the second quarter of 2011 led to significant declines in virtually all states, according to a new analysis of agency securitization data by Inside Mortgage Trends. Fannie Mae, Freddie Mac and Ginnie Mae securitized a total of $565.5 billion of single-family mortgages during the first six months of 2011, but much of that activity was front-loaded in the first quarter. Agency mortgage-backed securities production declined 33.7 percent from the ... [includes one data chart]
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Lenders Try to Adjust to Data, Compliance Demands Stemming from Dodd-Frank Act

July 7, 2011
Financial institutions are taking steps to prepare for an increased amount of data they will have to collect and report as a result of the regulatory deluge from the Dodd-Frank Act, according to experts participating in a webinar sponsored by Deloitte & Touche late last week. Organizations are “focused on disclosure, taking inventory of their own rules and regulations and they’re doing a series of different types ...
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Justice May Bring Criminal Charges in Servicing Investigations, More Mortgage Fraud Cases Filed

July 7, 2011
There is a good chance that criminal charges will be brought by the U.S. Department of Justice against the major mortgage servicers following a nationwide probe into robo-signing and other foreclosure processing issues. Officials representing the Financial Fraud Enforcement Task Force, a broad coalition of federal agencies working with state and local officials, said during a recent hearing in the Senate Judiciary Subcommittee on Administrative Oversight and the Courts, that further investigations and prosecutions stemming from ...
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Fannie Reasserts Its Requirements for MI Coverage, Extends Repurchase Request Deadline for Lenders

July 7, 2011
Fannie Mae late last week reiterated to lenders its policy on mortgage insurance coverage while it also tweaked its requirements for reporting notifications of MI rescissions, mortgage insurer-initiated cancellations and claim denials. The government-sponsored enterprise’s announcement, published June 30, reminds servicers of their “contractual obligations” to ensure that any MI coverage required by Fannie is maintained. “Mortgage insurance claims must be pursued in a way that will at all times protect Fannie Mae’s ...
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Study Says Loan Limits Should Be Reduced More Aggressively to Restore FHA to Traditional Role

July 7, 2011
The Obama administration needs to move more aggressively than planned if it wants to return the FHA mortgage insurance program to its traditional client base and market size, according to a new analysis by researchers at George Washington University. At a time when many industry and consumer groups are urging policymakers to maintain the status quo so as not to hurt a still fragile housing market, report authors Robert Van Order and Anthony Yezer say FHA loan limits should be ...
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SAFE Act Final Rule From HUD Answers Some Questions, But Leaves Loose Ends to the CFPB

July 7, 2011
The new final rule from the Department of Housing and Urban Development does not require individuals engaged in mortgage loan modifications or working as third-party mod specialists to be li-censed under the Secure and Fair Enforcement of Mortgage Licensing Act of 2008. But the bad news is that the HUD rule doesn’t exempt them either – it pushes the issue off to the Consumer Financial Protection Bureau. The rule sets a minimum standard for states to adhere to in order to comply with the SAFE Act in licensing mortgage loan originators who don’t ...
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Treasury, State Regulators Slam OCC’s Proposed Preemption Rule; Banker Groups Express Support

July 7, 2011
The Department of the Treasury and state banking regulators strenuously objected to a proposed rule issued by the Office of the Comptroller of the Currency regarding federal preemption of state consumer financial law even as calls to withdraw the proposal or reopen its comment period mounted. As the comment period ended June 27, the Treasury Department responded unfavorably to the preemption rule proposed by one of its own bureaus, saying that the agency’s approach is incompatible with the federal preemption text of the Dodd-Frank Act and its ...
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