Wells Fargo and Morgan Stanley last week received notices from non-agency mortgage-backed security investors represented by the law firm of Gibbs & Bruns, which helped negotiate the pending $8.5 billion non-agency MBS settlement with Bank of America. Industry analysts suggest that the notices of non-performance could prompt settlements from Wells and Morgan Stanley, though the circumstances differ from the BofA case. The notices identify covenants in pooling and servicing agreements that the servicers ...

Lenders warn that the Consumer Financial Protection Bureau’s proposed changes to stringent rules for “high-cost” mortgages will dramatically restrict credit availability for borrowers. Consumer advocates counter that the CFPB’s proposal to expand coverage of the Home Ownership and Equity Protection Act is appropriate and they are concerned with potential evasion of the pending rule. “The high-cost proposal would inevitably result in the further tightening of credit, even for creditworthy applicants,” ...

The market share for higher priced mortgages doubled in 2011 compared with the previous year, according to an Inside Nonconforming Markets analysis of Home Mortgage Disclosure Act data released last week. However, the market share for the proxy for subprime mortgages used by federal regulators remained tiny at 1.2 percent of the dollar volume of originations reported in 2011. Some $12.38 billion in higher priced mortgages were sold in 2011, up ... [Includes one data chart]

Thomas Hoenig, a director at the Federal Deposit Insurance Corp., last week called for changes to impending Basel III capital standards. Industry analysts have warned that the rules will discourage origination of nontraditional mortgages. “In private discussions I find a good deal of uneasiness about Basel III’s ability to be more effective than previous Basel efforts; however, there is a sense that we cannot go back,” Hoenig said in a speech. “I suggest that we not only can go back, we must.” ...

The major servicers handling non-agency mortgages under the Home Affordable Modification Program have made significant improvements, according to new assessments released by the Treasury Department. None of the nine largest non-agency HAMP servicers were in danger of having incentive payments withheld as of the end of the second quarter of 2012. “Servicers continue to focus attention on areas identified in previous program reviews and, as a result, are demonstrating considerable improvement in ...

Former Massachusetts Governor Mitt Romney aims to replace the Dodd-Frank Act and reform the government-sponsored enterprises, according to the latest housing policy statement from the Republican presidential candidate and Rep. Paul Ryan, R-WI, his vice presidential running mate. “The Romney-Ryan plan will reduce the outsized role of the government and revitalize the private sector’s role in the housing market to end the housing crisis and preserve the American dream of homeownership,” according to ...

The National Credit Union Administration filed a lawsuit this week against Barclays Capital alleging misrepresentations in the sale of non-agency mortgage-backed securities to credit unions that subsequently failed. The NCUA said U.S. Central Federal Credit Union and Western Corporate Federal Credit Union paid more than $555 million for the non-agency MBS in question. Debbie Matz, chairman of the NCUA Board, said Barclays issued faulty disclosures on non-agency MBS it underwrote ... [Includes two briefs]

New temporary guidelines for approving FHA financing for condominium projects should boost sales of condo units across the country and improve current housing market conditions, according to industry stakeholders. The Department of Housing and Urban Development announced the guideline changes on Sept. 13 after extensive consultations with industry participants. Effective for all condo project approvals and recertifications, the revised guidelines will apply until Aug. 31, 2014, unless extended by the FHA. Stakeholders are confident that the changes, though temporary, will be ...

CitiMortgage this week paid in excess of $122.8 million to the FHA Mutual Mortgage Insurance Fund as part of its agreement with the Department of Housing and Urban Development and the Department of Justice to settle alleged violations of the False Claims Act. The payment to the FHA insurance fund is part of the $158.3 million settlement, which CitiMortgage agreed to in order to resolve charges of submitting false certifications to HUD regarding its compliance with FHA’s direct endorsement lender rules and endorsement of poorly underwritten loans for FHA insurance. These violations allegedly occurred between ...

The FHA’s seriously delinquent rates and early payment defaults went virtually unchanged in the second quarter of 2012 from the previous quarter, according to the Department of Housing and Urban Development’s latest report on single-family programs covered by the FHA insurance fund. FHA data showed that the seriously delinquent rate for insured single-family mortgages (excluding streamline refinances) held at last quarter’s level of 9.4 percent, which is 1.4 percent higher than this period a year ago. The report attributed the elevated level to two factors. The first is the persistency of loans in 90-day delinquency as lenders try ...