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Castle & Cooke Mortgage Files For Dismissal in RESPA, TILA Dispute

November 10, 2014
Castle & Cooke Mortgage late last month filed a motion to dismiss a putative class-action brought by one of the aggrieved parties who had already been compensated under the terms of the settlement the lender reached late last year with the CFPB. In Luis Cabrales v. Castle & Cooke Mortgage LLC, plaintiff Luis Cabrales contends that the lender improperly compensated its loan officers by giving them bonuses for putting customers in more expensive loans than what they qualified for. The plaintiff sued for violation of the Truth in Lending Act – a claim that Castle & Cooke is not challenging at this point. However, Cabrales also brought other causes of action: violation of Section 8 of the Real Estate Settlement Practices ...
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Another Sign of Strength: Agency MBS Issuance Rose to a 12-Month High in October

November 7, 2014
John Bancroft
The MBS gain was lopsided: Ginnie MBS issuance jumped 10.8 percent from September to October, while Fannie Mae and Freddie Mac suffered declines.
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PHH Mortgage Dodges a Legal Bullet – for Now

November 7, 2014
Thomas Ressler
Initially, the jury awarded $514,000 in compensatory damages from PHH Mortgage and $15.7 million in punitive damages.
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Agency MBS Issuance Rose to 12-Month High In October, Thanks to Surge in Ginnie Volume

November 7, 2014
New issuance of agency single-family MBS climbed for the eighth consecutive month in October, according to a new Inside MBS & ABS analysis and ranking. Fannie Mae, Freddie Mac and Ginnie Mae issued a total of $93.01 billion of new single-family MBS during October, up 2.1 percent from September. October production was the highest monthly volume for the market since October 2013, and reflected steady growth since new issuance bottomed out in March of this year. But the gain was...[Includes two data charts]
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Redwood Enters Risk-Sharing Transaction with Fannie Involving $1.1 Billion in Originations

November 7, 2014
Brandon Ivey
Meanwhile, Redwood posted $45.0 million of net income in the third quarter of 2014, almost triple of what it earned in 2Q.
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GSE Credit Risk-Sharing Deals ‘Off to a Good Start’ Amid Calls for More Aggressive Front-End Transactions

November 7, 2014
As Fannie Mae and Freddie Mac continue to expand their credit-risk transactions, the two government-sponsored enterprises and their regulator should look to other ways to minimize credit risk, industry insiders told attendees of an Urban Institute/CoreLogic housing forum this week. In its most recent strategic plan for the GSEs, the Federal Housing Finance Agency is calling on Fannie and Freddie to reduce their exposure to risk by tripling the amount of credit-risk transfers they conduct on their single-family business from $30 billion last year to $90 billion in 2014. Mark Hanson, Freddie’s senior vice president, securitization, told...
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Servicer Rating Downgrades Could Spell Trouble for Ocwen’s MBS Business; Forced Transfers Not Likely, Yet

November 7, 2014
Rating agencies and Wall Street firms are paying close attention to the mounting regulatory problems at Ocwen Financial, fearful that more bad news could lead to servicing downgrades, which in turn could hamper its ability as a master servicer of MBS. One servicing advisor who has worked with Ocwen over the past two years noted that Fannie Mae and Freddie Mac pay close attention to the master servicing ratings of their counterparties. “You have to maintain minimum ratings and if you don’t – there’s going to be trouble,” he said. Downgrades, he added, can lead...
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FDIC Clarifies Loan Officer Compensation Payments

November 7, 2014
Brandon Ivey
Jaron Van Maanen of the FDIC said the lender should determine if the factor determining the LO’s comp consistently varies with terms over a significant number of transactions...
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BNYM Looking to Increase its Master Servicing In Non-Agency MBS Market; Wells Dominates

November 7, 2014
Bank of New York Mellon is looking to increase its master servicing activity on residential mortgages, according to officials at the firm that acquired the master servicing unit from JPMorgan Chase in October 2006. However, BNYM is up against stiff competition, including Wells Fargo, a dominant presence in master servicing for non-agency MBS. BNYM is focusing on growth opportunities from managing new funds in traditional residential mortgages as well as new loan types, according to a recent report by Fitch Ratings. In September, Fitch downgraded BNYM’s master servicer rating due to compliance issues, organizational changes and low activity in recent years. The firm has...
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Clean-Up Call Activity on Non-Agency MBS Increases, Ocwen Set to Issue More Calls

November 7, 2014
Servicers are increasingly executing their clean-up call options on vintage non-agency MBS, paying off investors at par and realizing profits by liquidating real estate owned properties. This year has been the most active year for clean-up calls on non-agency MBS since 2007, according to analysts at Bank of America Merrill Lynch. And that’s before the largest servicer of subprime MBS has taken any significant action on clean-up calls. In August, Ocwen Financial announced...
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