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HUD Notes Benefits, Costs of FHA Refi Program

August 3, 2012
Refinancing borrowers with negative equity through the FHA Short Refinance Program would result in $24,000 in net benefits per refinanced loan, according to the Department of Housing and Urban Development. In its economic impact analysis, HUD said it expects the program to generate $24.5 billion of aggregate net benefits, assuming one million homeowners with underwater mortgages participated in 2011 through 2013. However, the benefits come with a cost and the process is not that easy. The enhanced FHA refinance program is intended to maintain affordable homeownership, prevent foreclosures and mitigate the potential for strategic defaults. The program drew attention in recent weeks ...
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HUD Wary of ‘Eminent Domain’ Strategy

August 3, 2012
The Department of Housing and Urban Development has expressed concern about a municipal proposal to invoke eminent domain to seize underwater mortgages and refinance them at a lower rate through the FHA Short Refi Program. HUD Press Secretary Derrick Plummer said that while the proposal to use eminent domain to help underwater homeowners remains a local issue, the department would neither support nor endorse such action. He said HUD has concerns about this approach but declined to elaborate. Eminent domain refers to the authority of states to ...
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Moody’s Proposes Changes to Servicer Ratings

August 3, 2012
Performance data from mortgages serviced for the government-sponsored enterprises would be included in non-agency servicer ratings under a proposal by Moody’s Investors Service. In July, the rating service proposed a major overhaul of its servicer rating process. Loan-level data submitted to Moody’s as part of the “Servicer Quality Assessment” rating process would be supplemented with data from securitization trusts, as well as GSE performance data “as needed.” The data from securitization trusts – which Moody’s noted ...
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Treasury Likes Non-Agency HARP-Like Proposal

August 3, 2012
A proposal by Sen. Jeff Merkley, D-OR, to help refinance non-agency borrowers with negative equity has support from the Obama administration and could begin tests without action from Congress. The proposed “Rebuilding American Homeownership” has been characterized as a Home Affordable Refinance Program for non-agency mortgages. “I think the policy is very good; it’s very well designed,” Treasury Department Secretary Timothy Geithner said in testimony last week before the Senate Committee on Banking, Housing and Urban Affairs ...
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New Penalties for Non-Agency HAMP Fraud

August 3, 2012
In response to criticism that the Home Affordable Modification Program is susceptible to fraud, the Treasury Department recently established a fraud detection program with unprecedented penalties for the non-agency portion of HAMP. In certain circumstances, the Treasury will recapture any servicer, borrower or investor incentive payments, even for loan modifications completed before the new fraud detection program was announced. The process was detailed in HAMP Supplemental Directive 12-04. The Treasury said it hired ...
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Senate Securities Subcommittee Chair Wants to Know ‘Who’s in Charge’ of Tri-Party Repo Market Oversight

August 3, 2012
The top priority in any effort to revamp, reform or otherwise reduce risk in the $1.8 trillion tri-party repurchase or repo market should be to clearly determine “who’s in charge from a federal perspective,” according to a top Senate Democrat. In holding this week’s hearing of the Senate Banking Subcommittee on Securities, Insurance and Investment, Chairman Jack Reed, D-RI, said the government needs to defuse potential risk to the tri-party repo credit market for funding as an act of emergency preparedness rather than allow another financial crisis, such as what crippled the market in 2008. “One of the lessons we learned...
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CA Homeowners File Class-Action RICO Lawsuit Against JPMorgan for Charging Excessive Default Servicer Fees

August 2, 2012
A group of San Francisco-area homeowners has filed a federal RICO class-action lawsuit against JPMorgan Chase, alleging the company charges inflated fees to homeowners who go into default. In a suit filed last week in the U.S. District Court, Northern District of California, the three named plaintiffs, Diana Ellis, James Schillinger and Ronald Lazar, accuse JPMorgan of violating California business standards law. The suit also says JPMorgan’s use of mail and wire communications to perpetuate its fraud against homeowners violates the federal Racketeer Influenced and Corrupt Organizations Act. The homeowners contend that JPMorgan is using...
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Sen. Merkley’s Refi Proposal Would Require Fee From Lenders, Consideration of All Borrowers

August 2, 2012
A large-scale refinance program proposed by Sen. Jeff Merkley, D-OR, would rely on a “risk transfer fee” for lenders and require participating lenders to consider all potential borrowers for the program. The “Rebuilding American Homeownership” program has support from the Obama administration, though analysts suggest approval from Congress is unlikely. Merkley recently proposed the RAH program to help “virtually all” non-delinquent borrowers with negative equity to refinance into a mortgage with a lower interest rate. The program could be based on a one-time federally-backed structure, similar to the Home Owners’ Loan Corp. established by the federal government during the Great Depression. The RAH trust would sell...
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Help on Buybacks?

August 2, 2012
In a letter to Congressional leaders, the FHFA shed a little more light on its efforts to address GSE buybacks. Fannie and Freddie are developing...
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Mixed Results in the Servicing Market: Wells Keeps Growing While Others Keep Shrinking

August 2, 2012
Wells Fargo continued to climb toward the $2 trillion servicing mark – a place only one other firm has been – while its nearest competitors in the mortgage servicing business did not originate enough new business to replenish their runoff during the second quarter. Wells reported $1.863 trillion in mortgage servicing at the end of June, up 1.2 percent from the previous quarter. While the company has fine-tuned its origination strategy, including a recent decision to quit the wholesale broker market, it has consistently generated more than enough new business to grow its servicing portfolio at a time when new house prices have tumbled, the cash-out refinance market has evaporated and originations have been under pressure. According to a new Inside Mortgage Finance ranking and analysis, Wells has increased...[Includes one data chart]
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