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Potential RESPA Class-Action Launched Against PHH, Realogy

February 8, 2016
A complaint has recently been filed in U.S. District Court for the Central District of California in an attempt to initiate a class-action case against PHH Corp. and Realogy Holdings Corp. and some of their subsidiaries and affiliates for allegedly deceptive and collusive practices in violation of the Real Estate Settlement Procedures Act. The case references and appears to be inspired, at least in part, by the enforcement action the CFPB brought against PHH in 2014 in which the bureau alleged the lender violated RESPA by illegally referring borrowers to mortgage insurance companies in exchange for kickbacks. In that case, PHH Corp. v. CFPB, the U.S. Court of Appeals for the District of Columbia is set to hear oral arguments on ...
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In Brief: More About TRID

February 8, 2016
Will TRID Errors Crimp Earnings? Market observers have been hearing reports that TRID errors and closing delays definitely will be affecting first quarter 2016 earnings, at least for certain nonbanks. The big test for nonbank mortgage stocks is expected to come later this month when PHH Corp., the parent of PHH Mortgage, the nation’s ninth largest servicer, reports 4Q15 results. PHH, which is battling the CFPB over RESPA issues, also has been smacked around by servicing write-downs. It likely got some relief on that score in 4Q15. Stay tuned... CFPB Tries to Clear the TRID Air on Construction Loans. Not only has the CFPB’s TRID rule delayed closings in the conventional market, but it’s being reported that the regulation has ...
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In Brief: Vendor Update

February 8, 2016
DocMagic Software Product Certified for TRID. DocMagic, a provider of document preparation, compliance, eSign and eDelivery solutions, recently received certification for its SmartCLOSE software product by the Mortgage Industry Standards Maintenance Organization, a nonprofit subsidiary of the Mortgage Bankers Association. Specifically, SmartCLOSE has been awarded what is known as a Standard Level Certification for the TILA/RESPA Integrated Disclosure (TRID) rule. According to the MBA, the objective behind SmartCLOSE is to bring lenders, settlement service providers, and other relevant entities together inside a secure environment to share, edit, validate, audit, track and collaborate on documents, data and fees. SmartCLOSE received Standard Level certification for MISMO Version 3.3 within the TRID business domain. “With the Uniform Mortgage Data Program (UMDP) quality initiatives ...
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In Brief: CFPB Calendar

February 8, 2016
TRID Webinar to Focus on Construction Lending Issues. The Federal Reserve next month plans to host officials from the CFPB to present a webinar on questions related to the bureau’s integrated disclosure rule in the context of construction lending. The event is to be held Tuesday, March 1, 2016, from 2 p.m. to 3 p.m. Eastern time. Those interested in viewing the live event may register online at https://www.webcaster4 .com/Webcast/Page/577/13246. Additional information and resources related to the TRID rule may be accessed at the CFPB’s website. CFPB the Target of House Republicans Again This Week. The House Financial Services Committee’s Subcommittee on Financial Institutions and Consumer Credit plans to examine the CFPB’s “assault on access to credit and trampling of ...
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In Brief: Facing the Music

February 8, 2016
Wells Fargo Settles with FHA for a Record $1.2 Billion. Wells Fargo, the largest player in the Ginnie Mae market, last week agreed to pay the Department of Justice and Department of Housing and Urban Development $1.2 billion to settle FHA underwriting claims. In a filing with the Securities and Exchange Commission, Wells noted that the agreement “resolves certain civil claims that the federal government had pending” against the lender tied to FHA lending from 2001 to 2010. But it also covers “other potential civil claims relating” to the megabank’s government production in other time periods as well. The megabank, which also is the nation’s largest overall home lender and servicer, saw the settlement coming and booked an additional “legal ...
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Finally, Signs of Credit Loosening in the GSE Market

February 8, 2016
John Bancroft
In the fourth quarter, 20.3 percent of refi loans sold to the GSEs were in the low-score category, the highest level for the year.
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Fairholme Continues Push to Have FHFA Cough Up More PSPA Documents

February 8, 2016
Carisa Chappell
In November, Judge Sweeney denied Fannie Mae’s motion to quash or invalidate a subpoena issued by the plaintiff’s counsel…
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A $470 Million Settlement for HSBC; Bank Continues to Pay for the Sins of Household Finance

February 8, 2016
Brandon Ivey
During the subprime boom, HSBC owned Household Finance, a once-top ranked subprime lender and servicer that was later cited for lending and servicing violations.
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Issuance of Agency MBS Down Slightly in January; But Ginnie Production Rises

February 5, 2016
John Bancroft
Ginnie Mae even posted a 5.6 percent increase in refinance loan securitizations...
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How Many Seller-Servicers Will Actually Use the GSEs’ New ‘Loser-Pay’ Dispute Resolution Process?

February 5, 2016
John Bancroft and Carisa Chappell
Colonial National Mortgage was a beta site for the IDR and Allen Maulsby, executive vice president of the bank, said the IDR process is very “legalistic…”
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