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Quicken Loans Notches First Win After Court Narrows Scope of Case

March 17, 2017
A favorable court ruling on the statute of limitations for filing claims under the False Claims Act gave Quicken Loans its first win in a closely watched government case involving allegedly fraudulent FHA loans. Judge Mark Goldsmith of the U.S. District Court for the Eastern District of Michigan dismissed portions of the Department of Justice’s lawsuit against Quicken in a March 9 decision, narrowing the lender’s potential liability for FHA losses. The losses were blamed on sloppy underwriting, fraudulent certification and loan performance. The DOJ said the FHA would not have knowingly insured the loans had it known they were defective. The DOJ and the Department of Housing and Urban Development’s inspector general began an investigation of Quicken’s FHA lending activities in April 2012. The investigation encompassed some 246,000 FHA loans, which Quicken originated from ...
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Georgia Appeals Court Finds for Wells Fargo in Provisional Win

March 17, 2017
A Georgia appellate court recently handed Wells Fargo Bank a provisional win in a lawsuit in which a VA borrower alleged breach of contract and wrongful foreclosure. In Wells Fargo Bank, N.A., d/b/a Wells Fargo Home Mortgage v. LaTouche, the court ruled that Wells did not breach its duty to the borrower to comply with VA foreclosure regulations. The court concluded that the trial court had erred in denying Wells Fargo’s motion for summary judgment as to the defendant’s claims for wrongful foreclosure that hinged upon the same VA regulations. The reversal stemmed from Wells Fargo’s request for an interlocutory review of the trial court’s denial of its motion for summary judgment on defendant Michael LaTouche’s claims for breach of contract, wrongful foreclosure and “surprise. An interlocutory review is undertaken when a question of law must be answered by an appellate court before ...
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Trump Proposes Drastic Cuts to 2018 HUD Discretionary Spending

March 17, 2017
The Trump administration has proposed deep budget cuts in 2018 for the Department of Housing and Urban Development and the U.S. Department of Agriculture, but whether the agencies’ critical housing insurance programs would be affected is unclear. The cuts are part of the administration’s plan to reduce non-defense discretionary spending dramatically in order to fund increased defense spending and President Trump’s southern border wall, and to bring down a projected $9.4 trillion U.S. deficit over the next decade.Released this week, the preliminary 2018 budget seeks $40.7 billion in gross discretionary funding for HUD, $6.2 billion or 13.2 percent lower than the department’s approved spending in 2017. The $47.3 billion in discretionary budget authority enacted for fiscal 2017 does not include offsetting receipts from FHA and Ginnie Mae, which lowered the congressionally appropriated cost for ...
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Utah FHA Lender Pays $4.25 M to DOJ, HUD to Resolve Fraud Claims

March 17, 2017
Security National Mortgage Co. of Salt Lake City has paid $4.25 million to the Department of Housing and Urban Development to settle allegations of failing to comply with FHA loan requirements. Security National, a retail lender, has been an FHA-approved direct endorsement lender since October 1993, the year it was founded. The settlement resolves a joint civil investigation by the HUD Office of the Inspector General, Department of Justice and the U.S. Attorney’s Office for the District of New Jersey into Security National’s FHA origination and underwriting practices in connection with 100 FHA-insured loans. As part of the settlement, the lender “agreed it engaged in certain conduct in connection with its origination and underwriting of the loans.” The HUD OIG provided no details about the investigation. The OIG said the loans that were certified as compliant would not have been insured had ...
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Around the Industry

March 17, 2017
HUD Secretary Ben Carson Launches National Listening Tour in Detroit. Housing and Urban Development Secretary Ben Carson began a national listening tour March 15 at Benjamin Carson High School in Detroit. Carson’s three-day visit to his hometown gives him an opportunity to hear directly from HUD field personnel and stakeholders who rely upon and support public housing. This week, President Trump released his proposed preliminary FY 2018 budget, which showed among other things a drastic $6.2 billion reduction in funding for public housing assistance and affordable housing. HUD did not release an itinerary of Carson’s listening tour. IG Seeks Changes to Ginnie Mae’s Management Hierarchy, Staffing. Ginnie Mae’s outdated organizational structure and staff levels have made it difficult for the agency to properly monitor and mitigate the risk posed by the increasing number of nonbanks participating in ...
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Agency Servicing Growing, Commercial Banks Continue Pullback

March 16, 2017
John Bancroft
The volume of home mortgages outstanding continued to grow during the final three months of 2016, no thanks to the commercial banking industry.
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Affordable Housing Group Says Trump’s Proposed $6.2B HUD Cut Would Devastate Current Efforts

March 16, 2017
Carisa Chappell
The Trump Administration’s proposed budget for FY2018 includes a $6.2 billion cut to programs falling under the U.S. Department of Housing and Urban Development.
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CFPB Sticks Nationstar With $1.75M Fine for Flawed HMDA Reporting

March 16, 2017
Thomas Ressler
The Consumer Financial Protection Bureau fined Nationstar Mortgage $1.75 million this week for allegedly violating the Home Mortgage Disclosure Act.
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PHH Corp. Continues Defense in CFPB RESPA Dispute

March 16, 2017
Thomas Ressler
PHH Corp. and related parties again made a full defense of their position in their legal struggle with the CFPB over alleged misconduct under the Real Estate Settlement Procedures Act.
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Short Takes: Deputy Treasury Secretary Role to Be Filled / Fannie Prices Second CRT of 2017 / Housing Inventory Continues Downward Spiral / FHFA Shows Refi Volume Down in Jan.

March 16, 2017
Carisa Chappell
Former Goldman Sach executive, James Donovan, is the latest Goldman hire for a senior government position in the Trump Administration.
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