The reallocation of hundreds of millions of dollars of funds paid by the nation’s five largest loan servicers to states as part of this year’s whopping $25 billion national foreclosure settlement has ignited intra-state feuding as to how best utilize the cash windfall, according to a mortgage industry attorney. During a webinar sponsored last week by the State Attorneys General Enforcement Network, Jeremiah Buckley, founding partner of BuckleySandler, noted “emerging controversies” among state elected officials as they do battle, in some cases via the courts, to ensure the funds are used for consumer/mortgage-related purposes. The landmark agreement finalized in April between Ally Financial, Bank of America, Citigroup, JP Morgan Chase and Wells Fargo with a coalition of state attorneys general...

For the second time in less than a year, Fannie Mae’s and Freddie Mac’s conservator has gone to court in Illinois to assert that the two federally chartered government-sponsored enterprises are exempt from certain local and state property assessments. Last week, the Federal Housing Finance Agency filed suit in the U.S. District Court Northern District of Illinois, Western Division, against the Illinois Department of Revenue and county clerks to block local government efforts to collect real estate transfer taxes from Fannie and Freddie. The FHFA suit was in response to litigation filed by DeKalb County and five other counties to compel...

Old Republic International Corp.’s top management said it is postponing indefinitely plans to reenter the mortgage guaranty market after cancelling a planned spinoff and reversing the partial leveraged buyout of its subsidiary, Republic Financial Indemnity Group. In a conference call this week, ORI Chief Executive Officer Aldo Zucaro stood by the company’s decision to withdraw the registration statement filed with the Securities and Exchange Commission in May for spinning off RFIG common stock to ORI shareholders. He said stakeholders, including the North Carolina Department of Insurance, Fannie Mae, Freddie Mac, banks, debtholders and shareholders, rejected...

Federal banking regulators last week released their Financial Remediation Framework for independent foreclosure review consultants to use in determining the compensation due homeowners financially injured by servicers’ foreclosure practices in 2009 and 2010, generally capping damages at $125,000 but allowing borrowers to pursue litigation if they so choose. “The guidance helps ensure that similarly situated borrowers who suffered financial injury as a result of errors in foreclosure actions on their homes are treated similarly,” said the Office of the Comptroller of the Currency, which issued the guidance in conjunction with the Federal Reserve Board. Under the framework, remediation could include lump-sum payments; suspension or rescission of a foreclosure; the provision of...

The lure of discount pricing combined with the hassle of tough mortgage underwriting standards appears to be pushing more homebuyers away from mortgage financing and toward all-cash home purchases, the latest Campbell/Inside Mortgage Finance HousingPulse Tracking Survey results suggest. According to the new HousingPulse data, the share of homebuyers relying on all-cash transactions climbed to a record high 35.2 percent in May. That was up from a 30.7 percent level a year ago and...

Tentative signs of stability in home prices in early 2012 have yet to spur a rebound in home-equity lending, as the outstanding balance of second mortgages fell to its lowest level in seven years. According to the Federal Reserve, the supply of home-equity loans fell 2.7 percent in the first quarter of 2012 to just $849.5 billion. The home-equity market, which includes home-equity lines of credit and closed-end second mortgages, has shrunk by 24.9 percent since peaking...(Includes three data charts)

Nearly 6 in 10 mortgage modifications went 60 or more days delinquent 18 months following the date of their modification, according to a new study from TransUnion. The study only looked at loan modifiers and non-modifiers, with comparable VantageScore credit scores, who had originally been 120 or more days past due on their mortgage loans. It found the recidivism rate – the rate at which modified mortgages again went 60 or more days past due – was 41.9 percent 12 months after modification. After 18 months, that rate had risen to 59.1 percent. Arizona, California, Florida...

The Consumer Financial Protection Bureau might be less than a month away from issuing its proposed rule and forms related to its project to combine and harmonize the disclosures consumer get when they’re wrapping up their mortgage loans. But that didn’t keep industry representatives from making another pitch of their various recommendations for improving the CFPB’s pending rule. Testifying during a hearing of the House Financial Services Subcommittee on Insurance, Housing and Community Opportunity last week, Anne Canfield, executive director of the Consumer Mortgage Coalition,...

The Township of Mount Holly, NJ, has formally asked the U.S. Supreme Court to consider a case that once again raises the question of whether disparate impact claims can be brought under the Fair Housing Act. The issues raised in this case are pretty much those in Magner v. Gallagher, the case that would have settled the disparate impact issue except for the last-minute decision by the City of Saint Paul to dismiss its appeal, according to Christopher Willis, a partner with Ballard Spahr, which represents one of the non-township defendants in the case. Township of Mount Holly, NJ, et al.,...

In Rosenfield v HSBC Bank, the U.S. Court of Appeals for the Tenth Circuit recently ruled that borrowers cannot seek rescission after the Truth in Lending Act’s three-year statute of repose expires, even if the borrower had sent a notice of rescission within the three-year period. Beyond the ruling of the facts of the case, the court’s decision is another blow to the Consumer Financial Protection Bureau. Early this year, the CFPB had argued in a friend-of-the-court brief that TILA Section 125 (U.S.C. Section 1635) gives consumers a statutory right to rescind qualifying mortgage...