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Short Takes: Green Tree-EverBank MSR Deal Closes / New STACR Offering From Freddie / Cole Taylor Mortgage Sale Keeps on Ticking / Light Trades in HELOC Secondary / Former HUD IG Lands at Mortgage Vendor

March 31, 2014
Paul Muolo and Brandon Ivey
Whatever happened to the sale of Cole Taylor Mortgage, which has been in the works for nine months or so? Good question. When we asked one source close to the deal, his response was this: “Think of the Energizer Bunny but with fairly old batteries.
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‘Zombie’ Foreclosures on Radar of CFPB, NY AG Schneiderman

March 31, 2014
The CFPB is beginning to look into abandoned properties and the phenomenon known as “zombie” foreclosures, a top bureau official indicated recently. “The term zombie foreclosure refers to a situation in which a borrower has moved out of a home after the lender has started a foreclosure,” according to attorney Michael Waldron, a partner and practice leader of the mortgage banking unit at Ballard Spahr. However, “because the lender did not complete the foreclosure, title was never officially transferred and remains with the borrower, who may be unaware that the foreclosure was never completed.”
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Are Seven Mortgage Insurance Firms Enough?

March 28, 2014
George Brooks
Agreeing to speak only on background, some mortgage participants thought that ORI’s recapitalization plan raised serious concerns among potential investors.
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Banks’ Use of Principal Forgiveness Declining, Transfers to Nonbank Servicers a Factor

March 28, 2014
Brandon Ivey
The serious delinquency rate on servicer portfolios hasn’t improved much in the past year, from 5.7 percent in the fourth quarter of 2012 to 5.4 percent in the fourth quarter of 2013.
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Another SFR MBS Hits the Market, But Investors Grow Leary of the Sector; Concerns Surface on Vacancies

March 28, 2014
Colony American Homes has come to market with a $513.6 million security backed by single-family rental homes, but some players in the space are starting to wonder if the returns on the bond will be anything special. Moody’s Investors Service and Kroll Bond Rating Agency rated the deal, which marks the second SFR securitization in four months. The other was a $479 million deal from Deutsche Bank and the Blackstone Group, which turned out to be oversubscribed. KBRA’s ratings on the Colony bond range...
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What We're Hearing: When Will Mel Watt Appear in Public? / More on the GSE Scorecard / DeMarco’s Job Offer / Yes, Fannie Really Likes Nonbanks / Subprime Rising / Low FICO Score Stats / BofA’s Big Legal Win

March 28, 2014
Paul Muolo
Fannie Mae this week released its STAR servicer rankings and hopefully a copy found its way to all those pesky regulators who think nonbank servicers can’t tell the difference between a debit and a credit.
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Banks Complete Non-Agency Servicing Obligations

March 28, 2014
The monitor of the $25 billion national servicing settlement certified last week that the five participating banks completed their loss-mitigation obligations a year earlier than the three-year deadline set by the settlement. Regulators involved in the settlement continue to defend allowing the banks to complete a portion of their obligations by modifying mortgages in non-agency mortgage-backed securities. Bank of America, Citi, JPMorgan Chase, Residential Capital and Wells Fargo ...
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HUD Proposes Change to FHA Prepayment Rules

March 28, 2014
The Department of Housing and Urban Development has published a proposal to eliminate the requirement that an FHA borrower be required to pay interest even after the loan is prepaid. Specifically, the proposed change would prohibit FHA lenders from charging post-payment interest, allowing them instead to charge interest only through the date the mortgage is paid. The proposed rule change is necessary to avoid FHA loans being prohibited under new Consumer Financial Protection Bureau ability-to-repay rules and revised higher-cost loan regulations starting in January 2015. It effectively aligns FHA prepayment rules with the new CFPB rules. Comments on the proposal are due by May 12, 2014. The FHA currently allows lenders to charge interest for the full month if the borrower prepays on a date other than the installment due date. Regardless of whether the loan is FHA or non-FHA, there were complaints among borrowers that ...
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HUD Sued for Failing to Protect Spouses from Eviction

March 28, 2014
The Association of American Retired Persons hit the Department of Housing and Urban Development again with another class-action lawsuit for allegedly failing to protect four surviving spouses of Home Equity Conversion Mortgage borrowers against foreclosure and eviction.The complaint was filed in the U.S. District Court for the District of Columbia, where last September a federal judge found HUD in violation of federal law in a similar case. The court remanded the case to HUD to determine the appropriate remedy for the problem. The AARP Foundation Litigation and the law firm of Mehri & Skalet, the same entities that successfully litigated last year’s reverse mortgage case, represented the plaintiffs, none of them younger than 65 years of age. The suit challenges HUD’s promulgation of HECM regulations, which allegedly is ...
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Lenders Wishing to Quit FHA Should Not Just Skip

March 28, 2014
A mortgagee that no longer wishes to participate in FHA programs must submit a letter requesting voluntary withdrawal of its FHA approval, signed by a senior executive of the company, according to guidance published in the March 2014 issue of FHA’s Lender Insight. Lenders may not simply let their FHA approval expire by failing to complete FHA’s required annual recertification process, the guidance warned. “Failing to recertify will result in a referral to the Mortgagee Review Board for administrative action,” it said. The board’s withdrawal of a lender’s FHA approval could have an adverse impact on the lender should it reapply for FHA approval in the future. A lender requesting voluntary withdrawal of FHA approval is subject to a review before the agency signs off on the request. The request would be denied if the lender has an MRB administrative action pending against it or if it is behind on its mortgage insurance premium payments. A lender whose FHA approval has been withdrawn may ...
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