The Federal Communications Commission recently promulgated final rules that restrict how companies can attempt to collect on delinquent agency mortgages, federal student loans and other debts owed to the federal government, including through the use of so-called robocalls. The new rules limit the number of robocalls to wireless numbers, including text messages, to three per month. The new rules also only allow robocalls concerning debts that are delinquent or at imminent risk of default, unless there is prior express consent otherwise. The new rules require that, absent consent, callers only call the individual who owes the debt, not his or her family or friends. This includes limiting the number of robocalls allowed to reassigned numbers. The new rules reiterate that ...
Most of the small-entity participants in the review processes run by the CFPB before it came out with four major mortgage rules felt they were hurried by the process and unsatisfied with the final results, the Government Accountability Office said in a recent report. The GAO took a look at the experience of the 69 Small Business Regulatory Enforcement Fairness Act (SBREFA) panel participants involved in evaluating the likely effects of the CFPB’s TILA/RESPA Integrated Disclosure rule (TRID), the mortgage servicing regulation, its loan originator compensation rule, and the Home Mortgage Disclosure Act regulation. Of the 57 small-entity representatives GAO interviewed, “two-thirds stated not enough time was allotted to discuss at least one of the topics on the panel agenda ...
New legal requirements enacted in the state of New York in the wake of the financial crisis pose particular compliance challenges for mortgage servicers, according to a new report by analysts at S&P Global Ratings. The S&P team recently reviewed a series of laws the state legislature passed in June that attempts to address several issues related to “zombie” foreclosures, which refers to the phenomenon of a servicer initiating foreclosure on a vacant property but not going so far as to actually take title. Urban community activists complain such properties languish unsold for a prolonged period of time, contributing to neighborhood blight in communities least able to handle it – hence, state lawmakers decided to act.One resulting requirement “imposes conditions ...
Recent rulings in Nevada favor the mortgage industry when it comes to super-liens imposed by homeowners associations on loans in foreclosure. Twenty-two states have super-lien laws that allow HOAs to take priority over first mortgages and foreclose the property to collect up to six months of unpaid fees. In 2014, the Nevada Supreme Court ruled that an HOA could extinguish a senior mortgage. But the Ninth Circuit Court recently ruled that an HOA foreclosure sale extinguishing the first deed of trust is unconstitutional. In the case of Bourne Valley Trust v. Wells Fargo Bank, the court ruled that Bourne Valley seeking to purchase the property at an HOA foreclosure sale violated the first-lien holder’s due process rights. Attorneys at Bradley ...
Publicly traded nonbank mortgage companies had widely varying results on their mortgage-banking operations during the second quarter as heavy losses reported by two firms pulled the group’s earnings underwater. Nine nonbanks reported a combined net loss of $339.5 million on mortgage-banking activity for the second quarter. That was actually an improvement over the $510.0 million the group lost in the first three months of the year. Nationstar ... [Includes one data chart]
While holders of mortgage servicing rights have taken large writedowns in recent quarters due to declines in interest rates, New Residential Investment has managed to report relatively large profits. New Residential had $68.65 million in net income attributable to common stockholders in the second quarter of 2016, down from $111.74 million the previous quarter and $75.12 million in the second quarter of 2015. New Residential held $1.36 billion in excess MSRs ...
Mortgage delinquencies declined in the second quarter of 2016 compared with the previous quarter, according to the Mortgage Bankers Association. Industry analysts suggest that ongoing improvements to mortgage performance are driven by economic trends along with home price appreciation. According to the MBA, the serious delinquency rate, not adjusted for seasonal factors, declined on a quarterly basis for prime loans, subprime loans, FHA loans ... [Includes one data chart]
RSS