A California federal district court’s recent decision to reject fair housing claims related to FHA loans brought by the City of Los Angeles against Wells Fargo relied heavily on the U.S. Supreme Court’s recent decision on disparate impact, according to legal experts. Specifically, the U.S. District Court for the Central District of California granted summary judgment for Wells Fargo in a Fair Housing Act case brought by the City of L.A. The suit alleged that the bank’s mortgage lending practices had a disparate impact on minority borrowers, which resulted in a disparate number of foreclosures in minority areas. Wells Fargo was accused of reverse redlining since at least 2004 by imposing different terms or conditions on minority borrowers. The suit further alleged that Wells Fargo originated eight types of “predatory” home loans targeted to minorities. These loans include “high-cost” loans, subprime loans, interest-only loans, ...

A growing number of issuers are engaging in servicing transfers prematurely or making changes to their servicing platforms, causing problems for Ginnie Mae’s monthly pool-level and loan-level reporting. A Ginnie Mae issuer “transfers servicing” when it shifts in-house servicing to a subservicer, moves servicing from one subservicer to another, or relocates servicing in-house. Effective servicing as well as accurate and timely reporting are critical to Ginnie’s mortgage-backed securities program, the company said in recently issued guidance on servicing transfers. The new policy guidance would ensure that issuers have the capacity and oversight controls at all times to meet their obligations under the Ginnie Mae MBS program. Currently, issuers are required to obtain Ginnie’s approval before engaging in any servicing transfer with a subservicer or from one subservicer to another. Effective immediately, any issuer that wishes to ...

M&T Bank is in talks with the federal government to resolve an investigation of a pre-crisis sale of FHA-insured and conforming mortgages to Fannie Mae and Freddie Mac that resulted in losses for the government-sponsored enterprises. The New York-based bank disclosed the settlement discussion in a second-quarter filing with the Securities and Exchange Commission and is cooperating with the investigation. The Department of Justice and the Department of Housing and Urban Development’s Inspector General are investigating whether M&T Bank complied with FHA’s underwriting guidelines as well as with guidelines for selling loans to Fannie and Freddie. It is unclear how much the FHA paid out in loss claims in this case but investigators said that, based upon their review of a sample of FHA loans for which a claim was paid, “some of the loans do not meet underwriting guidelines.” M&T Bank could be ...

The Department of Veterans Affairs Home Loan Guaranty program has announced new maximum attorney fees for all loan terminations completed on or after Aug. 31, 2015. In this regard, the VA has published in the July 31 Federal Register an updated table of the cost of legal services for terminating VA loans in judicial and non-judicial jurisdictions. The amounts of legal fees in the table are deemed “reasonable and customary” by VA for all states, based on an annual agency review of such fees allowed by other government-related home loan programs. Issued by VA, Fannie Mae and Freddie Mac, the list of fees cover the cost of terminating a single-family home loan, including foreclosure, deed-in-lieu of foreclosure and bankruptcy-related services. Based on increases announced over the past year by the VA and the government-sponsored enterprises, the VA has deemed it necessary to publish a ...

Fitch Ratings updated its criteria for estimating losses on mortgages in non-agency mortgage-backed securities this week. The main change for jumbo MBS involves the treatment of retail originations by lenders that have not been reviewed by Fitch. Previously, retail originations from such lenders would not receive positive consideration in the calculation for the probability of default. The rating service will now apply the retail benefit to ... [Includes three briefs]

Sellers saw a modest increase in VA loans delivered to Ginnie Mae in the second quarter of 2015, most of which were streamline refinance loans, but FHA definitely took the cake, according to an Inside FHA/VA Lending analysis of agency data. Approximately $39.1 billion in VA purchase and refi loans were placed in Ginnie Mae pools in the second quarter, up 11.8 percent from the prior quarter. Of that amount, $20.9 billion were VA refinances, up 2.1 percent from the first quarter. Some 52 percent of the VA refis were originated in-house while correspondents accounted for 30.7 percent. Brokers brought in 17.3 percent of the securitized VA refi loans. VA purchase loans underlie an estimated $18.2 billion in Ginnie mortgage-backed securities in the second quarter, 48.4 percent of them retail. That number was up 25.5 percent from the previous quarter. VA loan correspondents were busy as well, accounting for ... [ 2 charts ]

The largest servicers participating in the non-agency portion of the Home Affordable Modification Program will be required to offer streamlined HAMP mods beginning in 2016, according to a directive from the Treasury Department. The Streamline HAMP offering will allow borrowers to qualify for mods without full completion of a HAMP application, without income verification and without the front-end debt-to-income ratio limit of 31 percent for typical HAMP mods ...

Flagstar Bancorp held a portfolio of $1.56 billion in interest-only mortgages at the end of 2011, with payments for many of the borrowers set to double in the coming years. A year ago, officials at the bank were touting its efforts to work with borrowers to limit the payment shock that kicks in when IOs reset and they have to start repaying principal. While those efforts continue, Flagstar has also sold more than half of its IO holdings, seeing strong demand from ...

Ocwen Financial looks to be close to completing its downsizing through servicing sales that will leave its non-agency mortgage portfolio mostly intact. The nonbank is also working toward being able to acquire servicing again and has plans to boost originations. Ocwen handled servicing on $154.79 billion in non-agency mortgages as of the end of the second quarter of 2015, including subservicing. The unpaid principal balance of non-agency mortgages ...

Originations of jumbo mortgages continued to increase in the second quarter of 2015 and lenders are chasing volume by lowering interest rates and loosening underwriting standards. Some $93.0 billion in jumbos were originated in the second quarter, according to estimates by Inside Nonconforming Markets. Halfway through 2015, originations totaled an estimated $163.0 billion, up 58.3 percent compared with the mid-point of 2014. Banks continue to ... [Includes one data chart]