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State Roundup

August 29, 2011
Illinois. The U.S. Attorney’s Office for the Northern District of Illinois announced that a former South Holland, IL, man, Kenneth Steward, was sentenced to 17 years and six months in federal prison for allegedly directing a $35 million mortgage fraud scheme involving more than 120 residences on Chicago’s south side. The scheme caused various lenders and financial institutions to lose approximately $16 million on mortgage loans that were not repaid by the borrowers or fully recovered through subsequent foreclosure sales, federal law enforcement officials said. The sentence that was imposed is one of the longest ever given to a mortgage fraud defendant in federal court in Chicago, according to officials.
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Federal Roundup

August 29, 2011
Senate Banking Committee. Richard Cordray nomination. The Senate Banking, Housing and Urban Affairs Committee has planned a Sept. 6, 2011, hearing to consider the nomination of Richard Cordray to be director of the Consumer Financial Protection Bureau. Political observers will look for signs from Republican members of the committee, particularly Alabama Sen. Richard Shelby, of any potential easing of opposition to the appointment. Thus far, GOP members of the Senate have uniformly remained adamant to the naming of any director to the CFPB until some significant changes are made to its structure, the most notable of which would be the replacement of a single director with a board leadership structure.
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BofA Defends Buyback Settlement, ‘Legacy’ Actions

August 26, 2011
Officials with Bank of America maintain that a proposed $8.5 billion settlement related to non-agency buybacks and servicing is fair, even as opposition continues to mount. BofA also continues to take action to distance itself from “legacy” assets acquired from Countrywide Financial. “Obviously there aren’t many days when I get up and think positively about the Countrywide transaction in 2008,” BofA’s CEO Brian Moynihan said this month in a conference call with investors. “In each quarter, we continue to put risk behind us ...
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American Home Goes on the Offensive with LPS

August 26, 2011
After negotiations related to losses deadlocked, American Home Mortgage Servicing this week filed a lawsuit against Lender Processing Services and its affiliate, DocX. The non-prime servicer is seeking to recover losses from LPS relating to faulty assignments of non-agency mortgages set for foreclosure. The lawsuit follows more than a year of negotiations between the companies as American Home attempted to recover millions of dollars in losses. LPS said it was surprised by the lawsuit and that American Home had refused to provide evidence of actual losses suffered. ...
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Non-Agency Servicers See Benefits from Short Sales

August 26, 2011
Non-agency servicers are increasingly turning to short sales as a better option than foreclosure for borrowers, mortgage-backed security investors and servicers, according to industry analysts.“In addition to helping to sell the property at a higher price, a short sale can also lower loss severities by shortening the amount of time over which expenses can accrue, by reducing the total amount of principal and interest that the servicer must advance on the loan, and by eliminating legal costs associated with foreclosure,” according to Moody’s Investors Service. ...
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S&P, Moody’s Probed on Non-Agency MBS Ratings

August 26, 2011
The Department of Justice is reportedly investigating Standard & Poor’s and Moody’s Investors Service regarding the ratings the firms placed on non-agency mortgage-backed securities. The increased attention on the rating services follows S&P’s recent downgrade of the credit rating for the U.S., revelations by a former Moody’s employee and numerous other investigations that found problems with the ratings on non-agency MBS. In a letter sent this month to the Securities and Exchange Commission, William Harrington, a former senior vice president at Moody’s, alleged that the rating service knowingly published “worthless opinions” on non-agency MBS. ...
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FHA Issues New Loan Limit Guidance

August 26, 2011
More than 20 percent of counties across the country will be affected by the scheduled decline in the FHA loan limits announced by the Department of Housing and Urban Development recently, with the fallout varying from one area to another. Announcing the new loan limits taking effect on Oct. 1, HUD said the change is expected to affect 669 counties, or 20.7 percent of the 3,234 jurisdictions in which FHA insures home loans. Despite dire warnings from mortgage industry groups, HUD estimates that only a fraction of borrowers living in high-cost areas would be impacted by the new loan limits. Last year, only 3 percent of FHA borrowers lived ... [Includes two data charts]
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Agencies Seek Proposals to Ease FHA, GSE Inventories

August 26, 2011
The Obama administration is seeking ideas from stakeholders on how to thin out the FHA’s inventory of foreclosed homes, including turning the homes into rental properties to meet the growing need for affordable housing. In addition to addressing the FHA’s real estate-owned, or REO, problem, the Federal Housing Finance Agency, the Department of the Treasury and the Department of Housing and Urban Development are also calling for recommendations for similar home rental programs for REO properties held by Fannie Mae and Freddie Mac. The agencies’ request is aimed at finding the best alternative for “maximizing value to taxpayers and increasing private investment in the housing market, including ...
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Suspect HECM Payments Made After Borrower's Death

August 26, 2011
The Department of Housing and Urban Development’s Office of the Inspector General called for improvements in the servicing of Home Equity Conversion Mortgage loans, particularly in detecting and reporting fraud, after auditors discovered certain advance payments that were made after the borrowers were reported to have died. Although most of the suspicious payments were due to posting errors, some transactions raised red flags, the IG report said. There was no evidence that servicers had sent those potentially fraudulent cases to HUD for further action, it added. The anomalies were found during a routine OIG audit of the HECM program, which insures ...
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HUD Unveils Web Map of Foreclosed FHA, GSE Houses

August 26, 2011
The Department of Housing and Urban Development has developed a new Web-based tool which allows FHA, Fannie Mae and Freddie Mac to map all foreclosed properties for viewing by potential investors and homebuyers. The new mapping tool displays the location of all foreclosed homes in the agencies’ inventories, which account for nearly half of all real estate-owned or REO properties in the U.S. Communities with high foreclosure rates that are participating in HUD’s Neighborhood Stabilization Program (NSP) will find the REO portal useful in targeting federal funds to acquire, rehabilitate or demolish these REO properties, according to department officials. The map’s consolidated graphic listing enables ...
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