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FHFA Official: Servicer Compensation Changes Are ‘Integral Part’ of Strategic Plan but Roll Out Delayed

March 8, 2012
The Federal Housing Finance Agency is not backing away from its plan to overhaul servicing compensation on government-sponsored enterprise mortgages, but an official has acknowledged that the change will come more slowly than first expected. FHFA Special Advisor Mario Ugoletti told attendees at the Mortgage Bankers Association’s Mortgage Servicing Conference & Expo in Orlando two weeks ago that “servicing compensation reform [is] not dead or on the back burner,” contrary to the industry’s hopeful expectations. Ugoletti said any revisions to servicing compensation practices ought to result in enhanced...
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Mortgage Lending Credit Overlays May Be Here To Stay If Policymakers Don’t Make Big Changes

March 8, 2012
Mortgage lenders have become so risk-averse and sensitive to potentially punitive judicial or regulatory overkill that they’re demanding near-pristine credit histories and imposing their own credit overlays on top of existing underwriting standards that are already considerably tougher than they were during the years of the mortgage boom. And that’s unlikely to change and may in fact get worse unless federal policymakers make dramatic changes to the legislative and regulatory landscape. That was the main take-away that Paul Miller, managing director and group head of financial services research at...
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DOJ, Congress Continue Efforts Against Perceived Mortgage Lending Discrimination, Other Abuses

March 8, 2012
The Justice Department and some members of Congress are unconvinced the mortgage industry is up to the task of fairly making and servicing mortgages in a tough housing market. That’s motivating them to use all of the tools at their disposal – and considering new ones – to combat discrimination and other abusive behavior. “In the coming year, we will continue our efforts to provide justice to those families who were harmed by discriminatory conduct during the mortgage boom and to hold lenders responsible for their actions,” U.S. Assistant Attorney General Thomas Perez said in testimony before the Senate Judiciary...
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Administration Announces Pricing Cuts to Spur Use of FHA’s Streamline Refinancing Program

March 8, 2012
The Obama administration this week announced price cuts for refinancing loans already insured by the FHA in an effort to provide relief to underwater homeowners, estimating that as many as 3 million borrowers could take advantage of the program. Beginning June 11, the FHA will lower its upfront mortgage insurance premium from 1.0 percent to .01 percent for streamlined refinancing of FHA loans originated before June 1, 2009, and reduce the annual fee for such refis from 1.15 percent to .55 percent. To qualify for the streamline refinancing, borrowers must be current on their existing FHA...
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Late 2011 Refinance Surge Has Staying Power, Expanded HARP Looks to Be Gaining Ground

March 8, 2012
The refinance wave that lifted mortgage origination volume in the fourth quarter of 2011 appears to be holding steady in early 2012, according to a new Inside Mortgage Finance analysis. Average monthly securitization of refinance loans by Fannie Mae and Freddie Mac increased by 3.6 percent from the fourth quarter of 2011 to the first two months of this year. That’s somewhat faster than the 1.2 percent increase in average total securitization volume by the two government-sponsored enterprises. The refi market may gain momentum in the coming months. The Mortgage Bankers...(Includes four data charts)
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Worth Noting

March 5, 2012
Federal Housing Finance Agency Special Advisor Mario Ugoletti told attendees at the Mortgage Bankers Association’s National Mortgage Servicing Conference & Expo in Orlando that changes to servicing compensation practices have not been pushed to the backburner. However, he did concede that, in light of uncertainties in the marketplace and the legislative and regulatory environment, changes would not be promulgated in the next quarter or two. Any revisions to compensation practices ought to result in enhanced competition in mortgage servicing and be capable of replication ...
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State AG Settlement Leaves Servicers Vulnerable, Moody’s Says

March 5, 2012
Consumer advocates may be railing against the $25 billion settlement the five largest mortgage servicers struck recently with 49 state attorneys general, but the participating banks are still vulnerable on a number of fronts, according to a top analyst at Moody’s Investors Service. On the one hand, “The settlement will have little to no financial effect on the banks and will remove some of the uncertainty surrounding mortgage servicing,” said Joseph Pucella, vice president and senior…
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SCOTUS May be Tilting Industry’s Way in Quicken Loans Case

March 5, 2012
The Supreme Court of the United States heard oral arguments last month in Freeman v. Quicken Loans (Case 10-1042), an important fee-splitting case under the Real Estate Settlement Procedures Act, and the initial consensus of leading industry attorneys following the case is that the high court appears to be favorably inclined towards Quicken’s side. “If questions raised by the justices are any indication of where the court is headed, I’d say the scales are tipped in the direction of a favorable decision for Quicken Loans,” said attorney Phillip Schulman, in the Washington, DC, office...
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Whistleblower Prevails Over Citi In U.S. False Claims Act Case

March 5, 2012
Citigroup, Inc. was recently stung with a $158.3 million settlement and compelled to admit culpability to settle with the Justice Department and the Department of Housing and Urban Development after a former CitiMortgage employee raised concerns about the lender’s allegedly reckless mortgage lending practices. The former employee, Sherry Hunt, filed a private whistleblower lawsuit last August under the False Claims Act, alleging that Citi subverted FHA to push through poorly underwritten mortgages for a higher profit margin. Two weeks ago, the U.S. government joined the suit, seeking...
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Bank of America Draws Line in Sand Over Discrimination Charges

March 5, 2012
Bank of America may be prepared to pony up $8.5 billion to settle litigation with residential mortgage-backed securities investors, but it’s not conceding a point in the face of government accusations that it discriminated against mortgage borrowers with disabilities. Last week, the Department of Housing and Urban Development accused the bank of imposing unnecessary and burdensome requirements on borrowers who depended on disability income to qualify for their mortgages in violation of the Fair Lending Act. The bank also allegedly required some disabled borrowers to provide physician...
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