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Home » Topics » Inside Mortgage Finance » Servicing

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Industry Group Seeks CFPB Clarification on Mortgage Servicing Rule

August 5, 2014
Thomas Ressler
The American Bankers Association told the Consumer Financial Protection Bureau that its members are working hard to refine their implementation of the bureau’s new mortgage servicing rules, but have bumped into a handful of questions and concerns they’d like the agency to address via regulatory guidance or amendment.
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Short Takes: Senator’s Bill to Amend TILA Has ‘Legs’ / MBA: Mortgage Credit Availability Increases In July /Freddie Announces Ninth Multifamily K-Deal of 2014 / Statebridge Receives Mid-Tier Rating from Fitch / Fannie: Lenders Expect Non-Agency Credit St

August 5, 2014
Brandon Ivey, Thomas Ressler, and Charles Wisniowski
Shortly before Congress left town for its annual summertime break, Sen. Mary Landrieu, D-LA, introduced S. 2641, legislation to amend the Truth in Lending Act to provide that residential mortgage loans held in portfolio would be deemed qualified mortgages for purposes of satisfying the requirements of the Consumer Financial Protection Bureau’s ability-to-repay rule.
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Freddie Mac Pulls Off First Nonperforming Loan Sale: $659 Million

August 4, 2014
Paul Muolo
Freddie Mac sold a $659 million package of “deeply” delinquent loans from its investment portfolio – a first for the government-sponsored enterprise.
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Bureau, FTC, State AGs Go After Foreclosure Relief Companies

August 4, 2014
The CFPB, the Federal Trade Commission and 15 state attorneys general, as well as other state agencies, announced a number of legal actions last month against alleged foreclosure relief scammers they accused of using deceptive marketing tactics to rip off distressed homeowners across the country. The CFPB filed three lawsuits against companies and individuals it asserted collected more than $25 million in illegal advance fees for services that falsely promised to prevent foreclosures or renegotiate troubled mortgages. The bureau is seeking compensation for victims, civil fines and injunctions against the companies and individuals it identified. One of the lawsuits was filed against Clausen & Cobb Management Company, Inc., its owners, Alfred Clausen and Joshua Cobb, and their business associate, attorney ...
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JPMorgan Chase Accused of Violating CFPB’s Servicing Rules

August 4, 2014
In what is likely the first such case of its kind, a law firm headed up by former Ohio Attorney General Marc Dann, D, brought suit last month in the Eastern Division of the U.S. Northern District Court of Ohio against JPMorgan Chase, alleging the lender violated the new mortgage servicing regulation promulgated by the CFPB. According to court documents, homeowner Bethanne Wasko, of Poland, OH, was always current on her mortgage until she sought a loan modification and was told by Chase that she would need to stop making payments in order to be eligible. Wasko did as she was told, her attorney’s filing said, but instead of offering her the modification she sought, the bank filed for foreclosure. ...
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Industry Seeks Clarification on CFPB Mortgage Servicing Rule

August 4, 2014
The American Bankers Association told the CFPB its members are working hard to refine their implementation of the bureau’s new mortgage servicing rules, but have bumped into a handful of questions and concerns they’d like the agency to address via regulatory guidance or amendment. The first issue involved rolling delinquencies and the “120-day rule.” The bureau’s rule prohibits a servicer from making the first notice or filing for foreclosure unless a borrower’s mortgage loan obligation is more than 120 days delinquent. Many ABA members asked how this 120-day rule applies to “rolling delinquencies,” which occur when delinquent borrowers resume making payments on the loan without making up for past missed payments. “ABA members need regulatory certainty regarding how to apply ...
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FHA’s Mortgagee Review Board Penalizes 46 Lenders, 25 Lose Agency Approvals

August 1, 2014
George Brooks
FHA violations were related to lender approval, loan origination and mortgage servicing practices.
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IMA Selling $1.2 Billion Bulk MSR Package

August 1, 2014
Paul Muolo
The seller, which IMA would not identify, hopes to close the sale by Sept. 30. Just over 5,050 loans are in portfolio, which is top heavy in California.
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GSE Buyback Activity Continued to Decline in First Quarter

August 1, 2014
John Bancroft
Fannie Mae and Freddie Mac actually withdrew $881.5 million of buyback demands, more than lenders repurchased during the first quarter.
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Judge Cuts BofA ‘Hustle’ Penalty by Half to $1.27B as Bank Tries to Settle Other Charges; Issa Presses DOJ

August 1, 2014
A Manhattan federal judge on Wednesday ordered Bank of America to pay a $1.27 billion penalty over mortgage fraud related to Countrywide Financial’s “Hustle” program, a little more than half of what the government had said the bank should pay, while the bank and Department of Justice discuss a potential MBS fraud settlement. Last October, the DOJ and the Securities and Exchange Commission successfully proved in court that Fannie Mae and Freddie Mac lost some $850 million from thousands of loans acquired through Countrywide’s “high-speed swim lane” program – known as HSSL or “Hustle.” The loan program ran...
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