The Consumer Financial Protection Bureau issued its final rule on mortgage servicing this week, with perhaps the most significant change from the proposed rule being tougher treatment on the servicing industry’s dual tracking practices. However, the bureau threw the industry a few bones along the way. The CFPB decided not to require a single point of contact for distressed borrowers, but will require servicers to have “dedicated staff” to handle borrower concerns with their mortgages, something the bureau refers to as “continuity of contact.” The final rulemaking also essentially pre-empts...

The residential mortgage servicing market continued its incredible shrinking act during the third quarter of 2012, falling below the $10 trillion mark for the first time since early 2006. The Federal Reserve reported that total single-family mortgage debt outstanding declined by 0.9 percent during the third quarter, drifting down to $9.926 trillion. The supply of mortgage servicing has been in a steady decline since peaking at $11.179 trillion in March 2008. The agency servicing market was...[Includes two data charts]

Sales of delinquent mortgages to nonbank servicers are expected to continue throughout 2013, according to industry analysts. The sale of $306 billion in mortgage servicing rights announced this week by Bank of America could be the largest transfer this year, but there appears to be plenty of remaining volume for established special servicers and expected new nonbank servicers. “We believe that other banks with large MSR assets may also begin to complete sales or pursue other strategies to limit their size on bank balance sheets,” Fitch Ratings said. Analysts suggest...

Nationstar Mortgage announced this week that it agreed to purchase $113 billion in non-agency mortgage servicing rights, as measured by unpaid principal balance, from Bank of America. The sale will more than double Nationstar’s non-agency servicing portfolio. Some $102 billion in agency mortgages are included in the sale, which priced at $1.3 billion. Walter Investment Management concurrently announced the purchase of $93 billion of unpaid principal balance in Fannie Mae-backed servicing assets from BofA. Ocwen Financial also reportedly bid...

An $8.5 billion settlement this week between federal regulators and 10 servicers included a large portion of non-agency mortgages. Servicers with significant non-agency holdings were also left out of the settlement, though federal regulators said they are still working toward a deal with those companies. The settlement applies to foreclosures initiated in 2009 and 2010. Non-agency mortgages had much higher foreclosure rates than other mortgage types during that time. Aurora, Bank of America, Citibank, JPMorgan Chase, MetLife Bank, PNC, Sovereign, SunTrust, U.S. Bank and Wells Fargo agreed...

Servicers handling portfolio loans and non-agency mortgages continue to increase their use of principal reduction loan modifications, according to the Office of the Comptroller of the Currency. Some 23,335 principal reduction mods were completed in the third quarter, up from 11,178 in the third quarter of 2011 and from 14,944 in the second quarter of 2012. The mods accounted...[Includes four briefs]

A federal appeals court in Washington, DC, has overturned a lower court’s dismissal of a lawsuit accusing the Department of Housing and Urban Development of denying protection for surviving spouses of deceased principal borrowers of reverse mortgages against ejection due to foreclosure. The case, Robert Bennett, et al. v. Shaun Donovan, revealed an apparent inconsistency between HUD regulations and the federal statute that created the FHA’s Home Equity Conversion Mortgage Program. This inconsistency was at the root of the district court’s previous decision to dismiss plaintiffs’ claim for lack of standing, which the ...

Homeowners may seek to stop a non-judicial foreclosure if the lender fails to comply with the Department of Housing and Urban Development’s servicing requirements, according to a California appeals court. In Pfeiffer v. Countrywide Home Loans, the plaintiffs sued to halt foreclosure proceedings that the lender initiated after the FHA mortgage went into defThe complaint alleged that Countrywide failed to provide the borrowers the 30-day advance notice required by the federal Fair Debt Collection Practices Act or to conduct a face-to-face interview, which HUD requires prior to initiating foreclosure proceedings. In addition to the injunction, the plaintiffs ...

The Department of Housing and Urban Development is implementing changes to FHA Connection to ensure FHA-approved lenders are providing accurate identification information about their loan officers for better monitoring and supervision. Effective Jan. 28, the FHA will not assign case numbers to lenders if the names and registration numbers of their loan officers under the National Mortgage Licensing System are entered incorrectly into the system. The same requirement applies to lenders registering a new third-party originator (TPO) in the ...

Competition in FHA lending may get a boost following the easing of reporting requirements for insured depository institutions with $500 million or less in total assets. The Department of Housing and Urban Development recently announced a policy change to eliminate a requirement for small supervised lenders and mortgagees to submit internal control and compliance reports under the FHA’s interim financial reporting rules. Independent mortgage companies, regardless of their asset size, are not covered by the exemption. A supervised lender or mortgagee is a financial institution that is a member of ...