The Federal Deposit Insurance Corp., as the receiver of Washington Mutual, earlier this month sued Lender Processing Services of Jacksonville, FL, and CoreLogic of Santa Ana, CA, and their corporate parents and affiliates for a combined $283.5 million, alleging gross negligence and breach of contract related to appraisals performed for hundreds of the defunct lender's mortgages between 2006 and 2008...

Staff at the Federal Reserve Bank of New York and other legal professionals are scrutinizing the fundamental questions the foreclosure crisis has raised about the adequacy of the legal framework for modern mortgage note transactions, especially when it comes to transferring and enforcing notes and mortgages, and how best to resolve them. The role of the Mortgage Electronic Registration System is a part of the discussion. To date, they are relying upon a number of issues that have been identified in a draft discussion document prepared recently by the Permanent Editorial Board of the Uniform Commercial Code, in conjunction with...

Industry attorneys are warning FHA lenders and other users of federal funding to carefully screen loans they originate, or risk a government lawsuit for violation of the False Claims Act. First enacted during the Civil War against government contractors gouging the Union Army, the FCA has expanded beyond defense contractors and health care providers and is now being used aggressively to challenge improper FHA lending practices, according to panelists on a recent webinar hosted by the Washington law firm BuckleySandler. With government insurance increasingly on the hook, federal enforcement along the lines of the recent Department of Justice lawsuit against ...

FHA endorsements fell 22.1 percent from the fourth quarter as the refinancing wave of 2010 ended, as did production in other channels in the first quarter of 2011. The FHA endorsed $57.6 billion in 1-4 family mortgage loans in the first quarter, including reverse mortgages, down from $74.0 billion the previous quarter. It lost some market share to VA, whose total originations were up 26.2 percent from the first quarter of last year. The agency reported a 33.8 percent increase in applications in March ... [includes one data chart and one graph]

Consumer advocates called on Congress to extend national mortgage servicing standards to all servicers, including those of government-insured home loans. Testifying before the Senate Banking Subcommittee on Housing, Transportation and Community Development recently, Diane Thompson, of counsel to the National Consumer Law Center, said loans made by the FHA, the VA and the Rural Housing Services are generally aimed at ...

FHA loans in Pennsylvania, New Jersey and Delaware performed better in 2008 and in 2009 than in 2006 and 2007 as credit quality became stronger, according to a new study by the Federal Reserve Bank of Philadelphia. The findings should allay concerns of policymakers in Washington, DC, that FHA defaults have risen during the housing crisis and may put the federal mortgage insurance fund in peril, the study said. Home Mortgage Disclosure Act data, one of the data sources used by Fed analysts, indicate that overall lending patterns in the Third District states have ...

Turning profits by investing in distressed mortgages has become increasingly difficult, according to distressed asset investors. Many investors cannot get the internal rate of return necessary to invest in this space, according to Steven Grundleger, executive vice president of capital markets at FNC. Grundleger and other market participants detailed the state of the distressed asset sector at the recent secondary market conference hosted by the Mortgage Bankers Association. Some 47.7 percent of home sales completed in April involved distressed borrowers, according to the Campbell/Inside Mortgage Finance HousingPulse Tracking Survey, a monthly measure of...

Performance of Home Affordable Modification Program mods does not vary much between non-agency mortgages and agency mortgages, according to a new analysis by Inside Nonconforming Markets. Performance has been generally lackluster, although differences have emerged among non-prime HAMP servicers. As of the end of March, 1.56 million trial HAMP mods had been started, including 716,006 on non-agency mortgages, according to the Special Inspector General for the Troubled Asset Relief Program. And 670,186 permanent HAMP mods had been started, including 309,027 on non-agency mortgages. Some 46.6 percent of trial mods started on... [Includes one data chart]

Republican members of the House Financial Services Committee are warming up another set of bills designed to "tie the hands" of Fannie Mae and Freddie Mac. Unveiled last week, the seven bills affecting the operations of the government-sponsored enterprises while they remain in conservatorship will be discussed during a hearing next week in the House Financial Services Subcommittee on Capital Markets and GSEs. "These seven bills were carefully designed to tie the hands of Fannie and Freddie so that they are no longer a drag on American taxpayers, a threat to our economic security and an impediment to private market growth and...

Non-agency mortgage-backed security investors appear to be unwilling to support new non-agency MBS issuance until reforms are implemented for second-liens. Nancy Mueller Handal, a managing director at MetLife, said potential non-agency investors are looking for an alignment of issuer, investor and servicer interests. "A big piece of this comes down to the fact that servicers have been managing their second liens in portfolio to the detriment of the first lien," she said at a discussion this week hosted by the American Securitization Forum. Second liens became a major focus of a hearing on national servicing standards last week at...