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OIG Dings FHFA’s Foreclosure Oversight

October 14, 2011
The Federal Housing Finance Agency knew or should have known about improper foreclosure practices involving Fannie Mae affiliated law firms long before the Finance Agency began a review, according to the regulator’s official watchdog.The FHFA Office of Inspector General’s latest audit found that the FHFA did not investigate complaints about Fannie’s Retained Attorney Network until August 2010 in the wake of negative news reports alleging that RAN attorneys had engaged in inappropriate foreclosure practices, such as routinely filing false documents in court proceedings and “robo-signing.”
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Servicers See Increased Costs for Lower Liability

October 14, 2011
Servicers face increased costs to meet new loss mitigation requirements. However, servicers at the Mortgage Bankers Association’s annual conference this week in Chicago said they have accepted the costs as a trade-off for decreased liability. “We focus on profitability, but you still have to do quality,” said Kent Lemon, a senior vice president at Saxon Mortgage Services. He said the servicer constantly works on quality assurance. Saxon uses targeted performance monitoring of employees for the Servicemembers' Civil Relief Act, fair servicing standards and other loan modification guidelines. Lemon said the servicer also...
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Cummings Seeks Answers on FHFA Oversight

October 14, 2011
The ranking member of the House Committee on Oversight and Government Reform is calling on the Federal Housing Finance Agency to “give serious consideration” to shuttering Fannie Mae’s Retained Attorney Network, but not before answering questions and providing documents about the FHFA’s oversight of the program.
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Vendors Roll Out Tools to Reduce Buybacks

October 14, 2011
Closer scrutiny of portfolio loan quality and growing repurchase demands have pushed mortgage software providers MasterServ Financial and The Prieston Group to develop products to help lenders manage their portfolio risks and reduce buyback risks. MasterServ Financial, a technology solution provider to the mortgage banking industry, is expanding its portfolio monitoring product from distressed real estate loans and REO management to new portfolios of performing mortgage loans. With the shift in real estate values, a weak economy and high unemployment rate, it is very difficult to determine whether the loans in a lender’s portfolio today are...
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Do Women Pay More for Mortgages?

October 14, 2011
Women, on average, pay more for mortgages than men even after taking into account variables like borrower characteristics, mortgage features and market conditions, according to a new study published in the Journal of Real Estate Finance and Economics. The authors, economists Ping Cheng, Zhenguo Lin and Yingchun Liu, suggest that the difference may have more to do with the way men and women seek out lenders than gender discrimination by lenders. The study – “Do Women Pay More for Mortgages?” – notes that the share of single women homebuyers doubled from about one in ten homebuyers 15 years ago to about one in five in 2003. More than...
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Mortgage Trends

October 14, 2011
The Obama administration’s Housing Scorecard for September paints a reasonably rosy picture of efforts to help troubled homeowners and future market prospects. With record low mortgage interest rates, housing affordability increased modestly. But the number of new default notices rose from 59,500 in August to 78,900, which is still well below the 96,500 level of a year ago. Notably, sales of real estate owned properties were down this period. Preliminary numbers from July 2011 show that there were 46,200 REO sales, as opposed to 62,200 in June and 61,800 a year ago. New home sales were down slightly in...
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Dour Outlook and Gauntlet of Legal, Regulatory and Business Challenges Can’t Kill Buzz at MBA Annual

October 13, 2011
More people than expected showed up at the Mortgage Bankers Association annual convention this week in Chicago – including intermittent Occupy protestors – given the hugely uncertain prospects facing the industry. MBA economists are predicting less than $1 trillion in new originations in 2012, which would be the lowest new production volume since 1997, and all three major components in the business – origination, servicing and secondary marketing – face huge structural challenges that so far are still just vaguely mapped out. Yet attendance was up about 18 percent from last year, and several observers noted that investors are...
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Servicing Industry Faces Huge Changes, And Biggest Challenge May Be Finding Consensus

October 13, 2011
In five years, the mortgage servicing business will likely be dramatically different than it is now or has been in the past, experts say, and getting there won’t be easy. “Homeowners think servicing is about them, that the industry should be trying to solve their problems,” said Peter Swire, a law professor at Ohio State, during a panel at this week’s Mortgage Bankers Association annual convention. “But the servicer is working primarily for the investor,” he said, adding that the “legal structure of servicing makes the homeowner extraneous.” Although there is widespread acknowledgement that change is necessary, the significant...
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House Dems Frustrated with Pace of HARP Review; Push White House to Support of ‘Homeowners Bill of Rights’

October 13, 2011
The head of the Federal Housing Finance Agency says his agency expects to complete a review of potential improvements to the Home Affordable Refinance Program “by the end of this month” but based on what they heard during a private meeting last week, dissatisfied House Democrats say they expect the results won’t nearly be good enough. FHFA Acting Director Edward DeMarco met last week with a group of 17 congressmen, led by Reps. Dennis Cardoza, D-CA, and Elijah Cummings, D-MD, to discuss ways to reinvigorate the underwhelming Fannie Mae and Freddie Mac refinance program. In what’s been described as a...
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OIG Criticism Might Compel GSEs to Be More Aggressive on Buybacks, Litigation Experts Warn

October 13, 2011
A scathing criticism of the way the Federal Housing Finance Agency and Freddie Mac handled a $1.35 billion settlement with Bank of America could cause the regulator and the government-sponsored enterprises to tighten repurchase enforcement – and consequently inflate the buyback problem, according to litigation experts. Speaking on a recent webinar hosted by Inside Mortgage Finance, experts said a report by the FHFA’s Office of the Inspector General which found flaws in the BofA settlement approval process, could push the GSEs and their regulator to lean harder on major lenders to repurchase “bad loans.” This, in turn, could...
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