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Lenders Reassess FHA Business, Exposures

August 1, 2014
For FHA lenders, the idea of a large lender exiting the FHA market and creating opportunities for market share has been overshadowed by concerns regarding liability in the wake of recent fraud-related settlements between lenders and the federal government. Compliance experts said many of their FHA clients are quietly reassessing their FHA business after JPMorgan CEO Jamie Dimon, during a recent earnings call, spoke out loudly against the government’s stringent enforcement actions aimed at recovering “wrongfully” claimed funds. Lenders fear that FHA enforcement actions have taken a turn for the worse in recent years, and that even errors that have nothing to do with loan default are construed as fraud by government prosecutors, resulting in billion-dollar penalties against FHA lenders. Seven major banks, so far, have paid ...
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News Briefs

August 1, 2014
Statebridge Company has received a mid-tier rating for subservicing mortgages from Fitch Ratings. The nonbank servicer was established in 2008 and is owned by FrontRange Capital Partners, along with Kevin Kanouff, Statebridge’s CEO and David McDonnell, the servicer’s managing director.As of the end of the second quarter of 2014, Statebridge subserviced $1.08 billion in mortgages, according to Fitch ... [Includes five briefs]
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CFPB Aims at ‘Risky’ Loan Features with HMDA

August 1, 2014
The Consumer Financial Protection Bureau recently proposed a significant expansion of the loan features lenders would need to report under the Home Mortgage Disclosure Act. The CFPB said the new data will help gauge whether regulations meant to limit originations of “risky mortgage products” have been effective. The federal regulator is seeking new disclosures regarding credit scores, debt-to-income ratios, qualified mortgage status and loan type, among many ...
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Flagstar Gets to Work on IOs Scheduled for Recast

August 1, 2014
Flagstar Bank has $802 million in interest-only mortgages that are scheduled for principal payments to kick in over the coming years, and in some cases the borrower’s monthly mortgage payment will double. Officials at the bank said Flagstar is working with borrowers that have IOs and delinquencies have been low thus far. “We’ve put a dedicated team together to get ahead of these resets,” Lee Smith, Flagstar’s COO, said last week during the bank’s earnings presentation ...
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What We’re Hearing: Look Out Below Ocwen? / Look Out Below Nationstar? / Regarding Fannie and Freddie: Did Treasury Know Three Years Ago They Were Turning the Corner? / What Constitutes Being ‘Under Investigation’? / A HUD Official Comes Clean

August 1, 2014
Paul Muolo
Next week, Nationstar Mortgage reports its second quarter results. If the company misses the targets set by investment bankers, it could be a blood bath…
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Buybacks, Indemnifications Will Continue, But There Are Many Coping Strategies Available, Experts Say

August 1, 2014
Mortgage buybacks and indemnifications may be off their peak in terms of volume, but they are widely expected to continue for the foreseeable future, industry experts said this week. But the good news for the industry is that there are a variety of defenses and coping strategies available, depending on the particulars of a given situation. Amanda Raines, a partner in the Washington, DC, office of the BuckleySandler law firm, told participants of an Inside Mortgage Finance webinar this week that more buybacks are definitely on the way. “The Department of Justice is still making financial fraud a priority,” she said. Raines noted...
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Servicers to Face Increased Regulatory Scrutiny, Nationstar, Ocwen, et al. Maintaining Cash Levels

August 1, 2014
Close compliance with the mortgage servicing rules promulgated by the Consumer Financial Protection Bureau will continue to be a critical concern for servicers this year. Analysts at DBRS anticipate intensified scrutiny from the CFPB and a higher likelihood of fines and lawsuits from noncompliance and even technical errors. “DBRS believes that the issuance of the mortgage servicing rules has brought much-needed reform to the servicing industry,” the analysts said in a new report. It was...
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FHFA May Allow Principal Reduction Only Under ‘Unique’ Circumstances

August 1, 2014
Charles Wisniowski
Has the Federal Housing Finance Agency finally caved on the issue of principal reductions for GSE loans? Not really, but...
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Judge Cuts BofA ‘Hustle’ Penalty by Half to $1.27B as Bank Tries to Settle Other Charges; Issa Presses DOJ

August 1, 2014
A Manhattan federal judge on Wednesday ordered Bank of America to pay a $1.27 billion penalty over mortgage fraud related to Countrywide Financial’s “Hustle” program, a little more than half of what the government had said the bank should pay, while the bank and Department of Justice discuss a potential MBS fraud settlement. Last October, the DOJ and the Securities and Exchange Commission successfully proved in court that Fannie Mae and Freddie Mac lost some $850 million from thousands of loans acquired through Countrywide’s “high-speed swim lane” program – known as HSSL or “Hustle.” The loan program ran...
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Commercial Mortgage Securitization Rebounds in Second Quarter

August 1, 2014
John Bancroft
At the midway point this year, agency multifamily issuance was off 36.9 percent from the first half of 2013, and production was essentially flat in the second quarter.
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