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Bank Faces Class-Action Suit for Alleged Violation of Anti-Tying Law

January 31, 2011
Property owners whose lien subordination requests were denied because they chose to refinance with another lender are seeking class status in a lawsuit against their primary lender, PNC Bank. Although the proper defendant is PNC Bank, the complaint refers to the actions of National City Bank, which PNC acquired...
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U.S. Bankruptcy Trustee Looks into Possible Forgeries, Fabrications

January 31, 2011
The U.S. Bankruptcy Trustee, which is part of the Department of Justice, is seeking authority from a Connecticut bankruptcy court to investigate apparent document forgeries and fabrications that appeared mysteriously in a foreclosure case. Tracy Hope Davis, U.S. Trustee for Region 2, has filed...
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House GOP Seeks Information on Effort to Stand Watchdog Agency

January 31, 2011
House Republican leaders have started to make good on a post-election promise to deconstruct the Bureau of Consumer Financial Protection. Rep. Randy Neugebauer, R-TX, chairman of the House Financial Services Subcommittee on Oversight and Investigations, has requested...
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BCFP Seeks Outside Firm to Work On Integrated RESPA-TILA Form

January 31, 2011
The Bureau of Consumer Financial Protection is expected to hire a private firm to develop a new, simplified form integrating mortgage disclosures required under the Real Estate Settlement Procedures Act and the Truth in Lending Act. About 80 percent of disclosures mandated by both TILA and RESPA will be whittled...
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Federal Roundup

January 31, 2011
Federal Housing Administration Anti-Flipping Waiver Extended. The FHA has extended its temporary anti-flipping waiver to hasten the resale of foreclosed homes in neighborhoods with high foreclosure rates. With certain exceptions, current FHA regulation prohibits insuring a mortgage on a home owned by the seller for less than 90 days. Early last year, the FHA temporarily set...
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California Took Bigger Role in 2010 GSE Market

January 26, 2011
California remained the biggest source of new single-family mortgages for Fannie Mae and Freddie Mac during 2010, according to a new special report, GSE Market Profile: 2010, from Inside Mortgage Finance Publications. A total of $223.7 billion of home loans on California properties were securitized by the two GSEs, accounting for... [Includes one data chart]
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Servicers Urged to Focus on Risk and Quality

January 21, 2011
Faced with their toughest challenges, mortgage servicers must realign and strengthen their quality and risk control if they are to survive the current crisis and thrive in the future, according to a recent analysis of the servicing industry by PricewaterhouseCoopers. Soon, oversight of the mortgage servicing industry will be...
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MBA Sues DOL on Overtime Rule Reversal

January 18, 2011
The Mortgage Bankers Association has filed suit in federal court in Washington, DC, to overturn a controversial rule interpretation on overtime for mortgage loan officers issued by the Department of Labor last year. The lawsuit challenges procedures the DOL followed...
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State Courts Get Tough on Foreclosure Mess

January 18, 2011
State courts are fixing the foreclosure mess with tough measures, including a requirement for lawyers, lenders and service providers in foreclosure cases to vouch for the accuracy of documents they submit. In New Jersey, Chief Justice Stuart Rabner announced...
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MA Ruling Favors Industry But Benefit Has No National Impact

January 18, 2011
The Massachusetts Supreme Judicial Court (SJC) handed the mortgage industry something to crow about regarding the validity of mortgage loan assignments in foreclosure cases – which, ironically, may not amount to a hill of beans beyond the Bay State, according to compliance experts. Contrary to claims of consumer victory and negative implications for the mortgage industry, the SJC in U.S. Bank National Association v. Ibanez held...
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