FCC Order Conflicts With CFPB Mortgage Servicing Rules, Other Foreclosure Prevention Efforts, Industry Group Says. A recent order from the Federal Communications Commission clarifying certain provisions of the Telephone Consumer Protection Act clashes with the CFPB’s mortgage servicing rule and other federal regulations designed to help struggling homeowners hold onto their homes, a representative of national mortgage lenders, servicers and service providers wrote top government officials last week. The FCC’s order, released June 18, 2015, aims to bolster consumer protections against unwanted telephone calls and texts by, in part, restricting the ability of mortgage servicers, debt collectors and others to make autodialed or prerecorded phone calls without prior express consent of the person called. Violators face strict liability for noncompliance...
If consent is unavailable, the phone call is impermissible, absent the use of technology the mortgage lending industry generally views as obsolete, such as a rotary or push-button telephone.
Some $800 million in servicer-advance ABS was issued by New Residential last week, helping to restart activity in the sector. New servicer-advance ABS issuance had stalled due to issues with ratings from Standard & Poor’s, the predominant rating service in the market. The two deals concurrently issued by New Residential followed a $225 million issuance by Ocwen Financial at the end of June. The firms helped end a year-plus long break in the issuance of rated servicer-advance ABS. In April 2014, S&P placed...
Activity in the Home Affordable Refinance Program in the second quarter of 2015 was down 0.3 percent from the first three months of the year, according to new loan-count figures released by the Federal Housing Finance Agency. Fannie Mae had a slight increase in HARP activity and accounted for 59.3 percent of the total for the two government-sponsored enterprises. Freddie Mac volume was down 1.5 percent from the first quarter. HARP volume represented...[Includes one data table]
Wells Fargo this week said it would reinstate certain credit overlays on its FHA business segment after expressing frustration over FHA’s republished proposal on loan-level certification. The lender, which ranked second on Inside FHA/VA Lending’s top FHA lenders for the first six months of 2015, reiterated the need for clearer rules in order to originate FHA-insured loans without fear of litigation or enforcement action. The bank said it is very disappointed with FHA’s revised certification proposal, which was republished in the Sept. 1 Federal Register. “In spite of much input to FHA from various consumer groups and lenders over a long period of time, [the] proposal falls short of what is needed,” said Mike Heid, head of Wells Fargo Home Lending. “As a result, this will now force us to add back certain credit overlays on the FHA single-family program.” Other FHA lenders could follow Wells Fargo’s lead as some did when ...
An FHA proposal to establish a deadline for filing insurance claims and revise existing policies that allow punitive penalties for missing FHA foreclosure deadlines could have a chilling effect on FHA lending and servicing, analysts warned. Housing policy analysts and industry attorneys say the two-part proposal issued on July 6 raises red flags for both borrowers and servicers and could potentially cause lenders to leave the FHA single-family mortgage insurance program. The Urban Institute describes the proposed rule as “a mixed bag, but on balance far more negative than positive.” “It represents a modest improvement to very harsh rules for missing established deadlines but imposes an unrealistic timeline for filing FHA insurance claims and an overly punitive penalty for missing that timeline,” the group said. Attorneys at K&L Gates in Washington, DC, are more ominous in their assessment of the ...
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