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Up to 490,000 Homeowners May be Hurt by Flawed Servicing Records

October 27, 2014
A recent study by Nationwide Title Clearing, Inc., a research and document-processing vendor for the residential mortgage industry, found that nearly half a million homeowners could be negatively affected by inaccurate servicing records. NTC found that out of 2,285,665 servicing database records that were verified against the collateral file, 24,490 loans (1.07 percent) had significant discrepancies. When viewed against roughly 49 million outstanding residential mortgages, that suggests as many as 490,000 homeowners could be affected by faulty servicer database records. “These database inaccuracies might have represented ‘acceptable risk’ in times past – but in today’s compliance-oriented landscape, such a high number of errors could bring increased scrutiny and penalties from CFPB regulators, not to mention ...
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CSBS Creates Mortgage Servicing Group, Lawmakers Look at Sector

October 27, 2014
The Conference of State Bank Supervisors recently formed a mortgage servicing rights task force to develop options for prudential standards for non-bank mortgage servicers. The CSBS noted that there has been a significant growth of mortgage servicing assets in non-depository servicers in recent years. The state regulators group said it is important for the states to understand how this growth should inform changes to the regulatory framework. …
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Consumer Who Benefited From CFPB Castle & Cook Case Files Class Action

October 27, 2014
Thomas Ressler
In the Castle & Cook case more than 9,400 consumers received checks from the settlement with the CFPB. But one homeowner decided not to stop there...
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CFPB Needs to Address ‘Rolling Delinquencies,’ ABA Survey Says

October 27, 2014
The CFPB needs to provide additional clarity on how a “rolling delinquency” triggers the 120-day delinquency period required before a mortgage servicer can begin foreclosure under the bureau’s mortgage servicing rule, the American Bankers Association said. A rolling delinquency occurs when a delinquent borrower resumes making some payments but never becomes current on the loan. In a letter to the CFPB last week, the ABA noted that in responding to inquiries as to how banks should apply the 120-day rule in rolling delinquency situations, the CFPB has informally recommended that servicers look to common interpretations of “delinquency,” which may be found in best practices, industry standards, state law and contract law. “Because borrowers have a private right of action to ...
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Worth Noting/Comments Due This Week

October 27, 2014
It’s Official: QRM = QM. Last week, the Office of the Comptroller of the Currency, the Federal Reserve Board, the Federal Deposit Insurance Corp., the Securities and Exchange Commission, the Federal Housing Finance Agency, and the Department of Housing and Urban Development adopted a final version of their risk-retention rule for securitized mortgages. Under the new rule, the definition of a “qualified residential mortgage” (QRM) will be no broader than the definition of the “qualified mortgage” (QM) as promulgated by the CFPB in its ability-to-repay rule. Mortgage lending industry representatives were generally pleased with the move. Independent analysts said they expected the near-term impact of the QRM to be quite limited. However, others noted that the development does place a ...
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Wingspan Gets ‘Multi-Million’ Capital Infusion, Horne Out as President

October 24, 2014
Paul Muolo
As part of the transaction, company founder and president Steven Horne will step down as president and chief executive officer, but will remain as a senior advisor.
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Ginnie Updates Issuer Eligibility; Fannie and Freddie Continue With Do-It-Yourself Reform

October 24, 2014
Fannie Mae, Freddie Mac and Ginnie Mae have been around for decades and they dominate the residential MBS market, but the agencies are not standing still. Pushed by their federal conservator, Fannie and Freddie are rebuilding their securitization infrastructure and trying to reinvent how they do business with mortgage sellers. At the annual convention of the Mortgage Bankers Association this week, the Federal Housing Finance Agency announced an agreement in principle on changes to the representations-and-warranties framework used by the government-sponsored enterprises. Ginnie officials disclosed new issuer eligibility standards and performance evaluations. “GSE reform does not mean...
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FHFA-IG: Fed Tapering of Fannie, Freddie MBS Means ‘Significant’ Reductions in G-Fee Revenue

October 24, 2014
The Federal Reserve’s decision late last year to taper its agency MBS purchases appears to have contributed to higher mortgage rates, which in turn has helped lead to “significant reductions” in Fannie Mae and Freddie Mac guaranty fee revenue on MBS issued so far this year, according to the Federal Housing Finance Agency’s Inspector General. The evaluation report issued by the IG late this week concluded that continued tapering by the Fed and the eventual reduction of its massive MBS portfolio could have an “adverse impact” upon the financial performance of the two government-sponsored enterprises. “Although the Federal Reserve’s [quantitative easing] programs benefitted the enterprises’ financial condition in 2012 and 2013, its decision, among other factors, in late 2013 to taper its MBS purchases contributed...
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QM ‘Right to Cure’ Approved

October 24, 2014
The Consumer Financial Protection Bureau this week finalized a rule change that allows lenders to fix inadvertent mistakes that send mortgages over the 3 percent cap on points and fees for qualified mortgages.Under the “right-to-cure” amendment, a lender can, under limited circumstances, re-fund the excess amount of interest to keep the loan a QM.
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What We’re Hearing: More Questions About Wingspan but No Answers / Are Specialty Servicers Toast? / Should Ocwen Move Its India Workers to Upstate New York? / Mortgage Company Owner Wants to Buy Baseball Team

October 24, 2014
Paul Muolo
Note to Ocwen management: every US employee is a potential mortgage customer. Think about it.
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