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FHFA May Ask for Industry’s Views on LLPAs

May 12, 2014
Paul Muolo
But don’t expect FHFA Director Mel Watt to mention g-fees or LLPAs when he makes his second public speech Tuesday at the Brookings Institution.
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Nationstar Lags Behind Other Servicers in HAMP Performance

May 12, 2014
Brandon Ivey
Nationstar made “right-party” contact with delinquent borrowers to determine their eligibility for HAMP in only 65 percent of such cases from March 2013 through February, the government found.
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VA May Audit Mortgage Lenders for Quality Control

May 12, 2014
George Brooks
All lenders authorized to process VA loans automatically are required to maintain a QC plan and execute it in the course of originating government backed mortgages.
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The MSR Deals Keep Coming; BofA Selling Product to SLS

May 12, 2014
Brandon Ivey and Paul Muolo
A portion of the loans being bought by SLS are tied to 11 non-agency mortgage-backed securities.
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Short Takes: Former Bank CEO Looking at PHH Mortgage? / Midwestern Nonbank Hits the Auction Block? / Cole Taylor Mortgage Sale Crumbles After a Year / Willie Newman Will Return / JPM Continues to Slash Mortgage Staff / An Ugly Quarter for Impac Mortgage

May 12, 2014
Paul Muolo
A somewhat large Midwestern-based nonbank is now entertaining takeover bids. A deal could happen within 90 days, IMFnews has learned. Stay tuned…
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HFSC Votes to Override Multiple CFPB Rules, Despite Senate Signal

May 12, 2014
Members of the Senate Banking, Housing and Urban Affairs Committee from each party said there is interest on Capitol Hill in moving technical corrections legislation aimed at the Dodd-Frank Wall Street Reform and Consumer Protection Act. However, housing finance reform legislation comes first, said Sen. Bob Corker, R-TN, and Sen. Heidi Heitkamp, D-ND, in comments to attendees at the Independent Community Bankers Association of America’s recent 2014 Washington policy summit. Neither explained exactly why housing reform is the priority, but one observer speculated that, in football terms, “it’s probably because housing reform is closer to the goal line.” Given the suddenly deteriorating prospects for the leading measure in that regard, the so-called Johnson-Crapo bill, that doesn’t bode well for those...
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CFPB Throws Mortgage Industry a QM Bone, Proposes ‘Right to Cure’

May 12, 2014
The mortgage lending industry caught a break recently when the CFPB proposed a much-sought “right to cure” a mortgage that would otherwise be considered a qualified mortgage under the bureau’s ability-to-repay rule, except for an inadvertent deviation from the 3 percent points-and-fees cap. The points and fees charged to a consumer on a QM loan generally cannot exceed 3 percent of the loan principal, with higher thresholds specified for various categories of loans below $100,000. If a lender believes, in good faith, that it has offered a QM but afterwards discovers that it has exceeded the 3 percent cap, the proposed rule issued by the CFPB lays out limited circumstances under which the excess can be refunded and still have...
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Walter in Settlement Talks with CFPB Over Servicing Practices

May 12, 2014
Officials at Walter Investment Management revealed that the nonbank servicer is in talks with the CFPB and the Federal Trade Commission to settle a potential enforcement action by the federal regulators likely involving Green Tree Servicing LLC, its wholly owned subsidiary. The disclosure was made in the company’s Form 10-Q filing with the Securities and Exchange Commission late last week. Here’s the background: In response to a civil investigative demand from the FTC issued in November 2010 and a CID from the CFPB in September 2012, Green Tree Servicing produced “documents and other information concerning a wide range of its loan servicing operations,” Walter said. On Oct. 7, 2013, the CFPB notified Green Tree Servicing that bureau staff was considering...
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Industry Experts Provide Tips on Successful Non-QM Lending

May 12, 2014
Now that the mortgage lending industry has a few months of experience dealing with the qualified mortgage standard under the CFPB’s ability-to-repay rule, some lenders are getting more confident about lending outside the parameters of the QM. Last week, during a webinar sponsored by Inside Mortgage Finance, an affiliated newsletter, industry experts highlighted some key considerations as to how to do so while minimizing the legal risk and otherwise overcoming certain compliance challenges. “A couple of points that I would make is that you want to document every step along the way – because what you’re really managing to is not necessarily the CFPB, not even necessarily a judge. You’re probably managing to the lawyer who is looking to take the...
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SCOTUS Agrees to Review TILA Rescission Rights

May 12, 2014
The U.S. Supreme Court has agreed to resolve a split among the circuit courts over a provision in the Truth in Lending Act that allows a borrower to void a mortgage loan. In reviewing the case, Jesinoski v. Countrywide Home Loans, the SCOTUS will consider whether a borrower may file a lawsuit for rescission after TILA’s three-year repose period if the borrower sent a notice to the lender within that period. The U.S. Court of Appeals for the Eighth Circuit in September upheld a lower court ruling that a borrower seeking to rescind a mortgage loan under TILA must file suit within three years of consummating the loan. Contrary to the plaintiffs’ assertion, the lower court ruled that a borrower’s...
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