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Second-Quarter Slump Hits Retail Production Hard, BofA Exit Puts Wholesale Market Up for Grabs

September 1, 2011
The sharp drop in mortgage origination activity during the second quarter had a bigger impact on retail loan production, according to a new Inside Mortgage Finance ranking and analysis. But a much bigger change lies ahead as Bank of America this week announced plans to get out of the wholesale correspondent market. The company was the second largest correspondent lender in the industry during the first half of 2011, acquiring $49.23 billion in production. That represented a significant 8.3 percent of total home mortgage origination over the first six months of the year and nearly a quarter of industry-wide production in the correspondent channel. In a statement, BofA said...[Includes six data charts]
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Mortgage Delinquencies Up in 2nd Quarter, But Most Severe Default Rates Improved

September 1, 2011
After declining steadily since the end of 2009, overall mortgage delinquency rates spiked higher during the second quarter of 2011, according to the Inside Mortgage Finance Large Servicer Delinquency Index. The index, which covers all loans in default status plus foreclosure and is not seasonally adjusted, rose from 10.31 percent at the end of March to 10.58 percent at the midway point in the year. All of the increase came in the…
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More Metro Areas May be Impacted by Loan Limit Reduction than Previously Thought, NAR Analyst Finds

September 1, 2011
Only about 18 of the 247 “high cost” metropolitan markets will avoid seeing their FHA loan limits lowered at the end of this month, when the emergency loan-limit adjustments for the FHA, Fannie Mae and Freddie Mac are set to expire, according to a new analysis by Inside Mortgage Finance. All 24 metro markets that now have loan limits of $729,750 (or higher in Hawaii) will see their limits dropped to at least $625,500, and some of these areas in California will see...
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Inherently Complex Nature of Foreclosure Settlement Talks Continues to Bog Down Government Officials

September 1, 2011
Law enforcement and regulatory officials may be undermining their odds of reaching a foreclosure-practices settlement with the mortgage industry because they’re grasping for too much, too soon, letting the perfect become the enemy of the good, according to some political and legal observers. Attorneys general in all 50 states and the Department of Justice and other federal agencies continue to investigate alleged irregularities in the foreclosure practices of top servicers, including Bank of America, which is...
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Private Mortgage Insurance in Turmoil, PMI No Longer Writing New Business

September 1, 2011
Fannie Mae and Freddie Mac last week both “de-listed” PMI Mortgage Insurance Co. as an eligible private MI, a further blow to a private MI business that has been driven to the brink by the housing market collapse. Republic Mortgage Insurance Corp. was forced to stop writing new business this week as North Carolina regulators declined to extend a waiver of risk-capital ratios under which it had remained in the market. Together, PMI and RMIC accounted...
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Rumors of Government Refi Plan Resurface But Lesser Options, Perhaps Expanded HARP, Are More Likely

September 1, 2011
President Barack Obama and his advisors are scrambling to come up with ways to push the halting U.S. economic recovery forward, including the possibility of a major government mortgage refinance plan to help bolster the housing market. In a recent report, Deutsche Bank analysts said the administration has three options: remove or reduce the loan-level price adjustments that Fannie Mae and Freddie Mac now charge...
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FDIC Must Face $10 Billion WaMu Suit, Judge Rules

August 29, 2011
Judge Rosemary Collyer of the U.S. District Court in Washington, DC, has rebuffed the Federal Deposit Insurance Corp.’s effort to dismiss a $10 billion lawsuit filed by a unit of Deutsche Bank AG over pools of mortgage loans made by Washington Mutual that later went bad. Deutsche Bank, as trustee for the securitized pools at issue, filed suit against the FDIC as well as JPMorgan Chase, arguing that one or the other should be liable for losses suffered by the pool from WaMu’s allegedly fraudulent or poorly underwritten residential mortgages. The trusts involved had been investigated by a Senate subcommittee, which revealed that internal reviews performed by WaMu had determined that “loans marked as containing fraudulent information had nevertheless been securitized and sold to investors.”
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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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Foreclosure Attorneys Advised to Be Careful Around Loan Mods

August 29, 2011
Lex Consulting’s mortgage fraud examiners’ project is warning foreclosure attorneys to be extra careful to identify contract breaches and/or tortious conduct or face malpractice or at least disgorgement of fees from their own client. “Only exposure of contract breaches and/or tortious conduct underlying a mortgage transaction provides a sound strategic basis for liberating homeowners from the bondage of mortgage foreclosure,” said Storm Bradford, founder of the project. “Homeowners and attorneys need to understand a promissory note/mortgage/deed of trust is nothing more, nothing less than a contract. Moreover, attorneys need to be extra careful,” he added. “According to several ethics
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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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