The U.S. Solicitor General and a group of state attorneys general filed pro-borrower briefs in Freeman v. Quicken Loans, a case in which the U.S. Supreme Court will decide whether a plaintiff has to prove that an unearned fee for a real estate settlement service was divided between two or more persons.The court’s ruling is expected to determine the ability of the mortgage lending industry to decide on its own what to charge borrowers at the point of origination.At issue is Section 8(b) of the Real Estate Settlement Procedures Act, 12 U.S.C. §2607(b), which states that no person “shall give and no person shall accept any portion, split or percentage of any charge made or received for the rendering of a real estate settlement service in connection with a transaction involving a federally related mortgage loan other than for services actually performed.”

The Supreme Court of the United States considered oral arguments recently in its second high-profile case this session that addresses key issues under the Real Estate Settlement Procedures Act.The case is First American Financial v. Edwards, in which the fundamental question is whether a private purchaser of real estate settlement services has standing under Article III, §2 of the U.S. Constitution to maintain an action in federal court in the absence of any claim that the alleged violation affected the price, quality or other characteristics of the settlement services provided. In this case, respondent Denise Edwards purchased a home in Cleveland in September 2006, obtaining title insurance through Tower City, which issued policies on behalf of First American. Edwards paid $455.43 towards the purchase of the policies (one for her lender and one for herself); the seller of the home paid $273.42.

There’s been a notable changing of the guard among attorneys in the mortgage banking practices at the law firms of Patton Boggs, Ballard Spahr and Dykema. Partners Richard Andreano, John Socknat and Michael Waldron and associate Reid Herlihy left Patton Boggs recently with upwards of 100 clients and signed on with the newly created Mortgage Banking Group at Ballard Spahr. The new unit is part of Ballard Spahr’s larger effort to build up its Washington, DC, office. Meanwhile, Dykema augmented its regulatory presence by bringing on board former Patton Boggs senior lawyers Heather Hutchings and Haydn Richards to its Financial Services Regulatory and Compliance practice.

The FHA will continue to play a critical role in the nation’s housing markets in 2012 even as it tries to balance the need to extend credit while reducing its market share to open the way for private capital to return to the mortgage market, according to industry observers. That means walking a tightrope in trying to keep the Mutual Mortgage Insurance Fund actuarially sound while trying to avoid piling on more fees and additional restrictions, which could hamper housing recovery, observers said. “We can’t have an economic recovery without a housing recovery,” said Brian Chappelle, a mortgage industry consultant. “The philosophical debate about the role of government in housing should be ...

United Wholesale Mortgage last week announced its “The Big and Easy” wholesale jumbo program, claiming it can close loans in two weeks. “Gone are the days when an originator has to tell a borrower how difficult it is to close a jumbo loan,” said Jaime Hunt, an account executive at UWM. The loans are available for amounts up to $2.5 million for principal residences as well as second homes, for purchase or refinance. UWM is looking for borrowers with credit scores of at least 720 and loan-to-value ratios of no more than 80 percent ...

The Department of Housing and Urban Development has proposed to create a new system that would facilitate the transfer and streamline the collection of records under the FHA’s lender approval and recertification process. The new, fully automated records system, the Lender Electronic Assessment Portal, will assume full custody and control of lender records currently maintained by the HUD/FHA Lender Approval Files System of Records Notice (SORN), which is a manual and labor-intensive process. The current system contains records of principals or officers of financial institutions who are approved or seeking approval to ...

Only state-certified appraisers can conduct appraisals of properties securing an FHA-insured mortgage under a final rule adopted recently by the Department of Housing and Urban Development. At the same time, the new rule made clear that FHA would no longer allow state-licensed appraisers to perform FHA appraisals. The FHA has not been accepting applications by state-licensed appraisers since Oct. 1, 2008, following the enactment of the Housing and Economic Recovery Act. Previous HUD regulations required that an appraiser be state-licensed or state-certified in order to be placed on the department’s official roster of appraisers. However, HERA mandated only ...

Total FHA endorsements declined 4.2 percent in October from the previous month and 29.7 percent from a year ago even as FHA refinances continued to slow, according to an Inside FHA Lending analysis of FHA data. A total of 88,060 mortgages were endorsed for FHA insurance in October, down from 91,963 loans in September. Of the October endorsements, 60,596 were purchase loans, down 9.0 percent from the previous month and 7.9 percent from the same reporting period last year. FHA refinancing increased 15.4 percent on a month-to-month basis but declined a whopping 57.9 percent from last year. Streamlined FHA refis were ... (Comes with one chart)

The Inspector General assigned to watch the Federal Housing Finance Agency is “actively investigating” possible fraud in mortgage securitization, loan origination, servicing and loss mitigation activities, the IG said during a hearing in the Senate Banking, Housing and Urban Affairs Committee this week. FHFA Inspector General Steve Linick reiterated observations in his organization’s semiannual report released last week that the FHFA sometimes shows “undue deference” to the government-sponsored enterprises and has not always been as proactive in its oversight as it should have...

The number of settlement problems as an overall percentage of market closings has increased in past months as on-time settlements plunged to 47 percent from 65 percent, according to the latest survey by the National Association of Realtors. Respondents to a monthly NAR survey cited problems with obtaining mortgages along with appraisal and inspection problems as causes of settlement delays and cancellations. The inability to obtain a mortgage was reported by 9 percent of respondents in October as causing a settlement cancellation, up from 4 percent in September. Asked whether they had any problems in...