A Federal judge in California rejected a servicer’s motion to dismiss a putative class action that accused the servicer of wrongly rejecting a borrower's mortgage modification application and of improperly starting foreclosure proceedings.In Gaudin v. Saxon Mortgage Services Inc., the plaintiff argued that a trial modification plan provided to her by the lender represented a binding contract that required Saxon to evaluate the plaintiff under the Home Affordable Modification Program, and to provide a permanent loan mod, provided all conditions of the trial plan were satisfied.In requesting a dismissal, Saxon argued that the trial plan only required it to evaluate the borrower’s eligibility for a modification, and did not require Saxon to offer a modification.

In a move that further complicates the 50-state settlement discussions between the mortgage servicing industry and state attorneys generals, Massachusetts Attorney General Martha Coakley, D, has sued a handful of top mortgage lending banks for allegedly pursuing illegal foreclosures and “deceptive loan servicing.”The targets of Coakley’s actions are Bank of America, Wells Fargo, JP Morgan Chase, Citi and GMAC, as well as Mortgage Electronic Registration System, Inc.“The single most important thing we can do to return to a healthy economy is to address this foreclosure crisis,” Coakley said. “Our suit alleges that the banks have charted a destructive path by cutting corners and rushing to foreclose on homeowners without following the rule of law. Our action today seeks real accountability for the banks’ illegal behavior and real relief for homeowners.”

Banks significantly increased their non-agency jumbo originations even before the high-cost conforming loan limit was lowered in October, with jumbo originations outpacing overall originations during the period. A number of lenders large and small continue to see opportunities in the jumbo space, though securitization is likely to remain limited in the near-term. Some $27.0 billion in non-agency jumbos were originated in the third quarter of 2011, according to estimates by affiliated publication Inside Mortgage Finance ... [Includes one data chart]

Bank of America and Wells Fargo continued their dominance of the FHA servicing market, accounting for 55.1 percent of the business as of Sept. 30. Of the 1,177,858 FHA-insured loans currently being serviced, 16.91 percent are in various stages of delinquency. Seriously delinquent loans – 90 days or more behind on their mortgage payments – comprised ... [includes one chart]

The seasonally adjusted delinquency rates for single-family FHA and VA mortgage loans fell in the third quarter of 2011 as did those for all other first-lien residential mortgages covered by the Mortgage Bankers Association’s National Delinquency Survey. According to the survey, the third quarter saw a 45-basis point drop – from 8.44 percent to 7.99 percent – from the previous quarter in overall delinquencies on a seasonally adjusted basis. For FHA loans, the rate declined 53 bps to 12.09 percent from 12.62 percent, while VA’s rate fell 47 basis points to 6.58 percent from 7.05 percent. On a year-over-year basis, the seasonally adjusted delinquency rate decreased ...

President Obama has signed legislation returning funding fees for VA loans to their pre-Nov. 18 levels. The fees specified in H.R. 674, the 3 Percent Withholding, Repeal and Job Creation Act of 2011, are valid through Sept. 30, 2016. Signed on Nov. 21, the bill ends industry confusion over the amount of fees lenders should charge borrowers since the Department of Veterans Affairs, in a case of bad timing, issued new regulations in September to lower the fees. This was before Congress announced its intention to introduce legislation that will extend the higher fees through 2016. Under updated guidance issued by ... [includes one chart]

The Department of Housing and Urban Development has announced a sealed bid sale of uninsured, nonperforming residential mortgages, the first of three bid loan sales scheduled in FY 2012. The sealed bid sale offering, SFLS 2012-1, is scheduled for Dec. 7, 2011. It consists of unsubsidized, nonperforming single-family mortgage loans that will be sold without FHA insurance and with servicing released. A listing of the mortgage loans is included in the due diligence materials provided to qualified bidders. Prospective bidders should first check HUD’s guidelines for bidder ineligibility. HUD made the sale information package available ...

The Department of Housing and Urban Development has announced a 3 percent cap on the actual financial and closing costs it would pay on behalf of purchasers of HUD-owned single-family properties. The “gross purchase price” is the bid price, before the subtraction of the broker’s sales commission and financing and closing costs. Upon closing of a competitive bid sale of a HUD foreclosed property, the department allows the deduction of buyer financing and closing costs from the proceeds. While the total amount of HUD’s payment will be indicated on HUD Form 9548 (Sales Contract, Property Disposition Program), the actual amount credited by HUD will be ...

A coalition of 34 industry trade and affordable housing groups, housing and community reinvestment advocates has endorsed the nomination of Carol Galante as the Department of Housing and Urban Development’s deputy assistant secretary for housing and FHA commissioner.In a recent letter to both the chair and ranking minority member of the Senate Committee on Banking, Housing and Urban Affairs, the coalition voiced its strong support for Galante, who is currently serving in both positions on an acting basis. The coalition cited Galante’s experience as well as her previous job as HUD assistant secretary for multifamily housing. Her backers also point to her 31-year experience in private real estate as president and chief executive of BRIDGE Housing, California’s largest nonprofit housing development corporation, and its affiliate companies. In particular, the coalition underscored ...

Whatever FHA relief the Department of Housing and Urban Development may offer as part of a pending settlement of foreclosure-related charges will not necessarily let mortgage servicers off the hook, said HUD Secretary Shaun Donovan.Donovan assured lawmakers during a House Financial Services Committee hearing this week that any offer of relief from any FHA liability in connection with ongoing robo-signing settlement talks would be “in exchange for significant penalties and help to homeowners who were wronged by bad servicing practices.” The HUD secretary neither confirmed nor denied the ...