Lawmakers and regulators seem increasingly cognizant of the potential their actions to improve mortgage servicing may have to exacerbate the difficult environment servicers are confronting in terms of helping struggling homeowners, unclogging the backlog of housing inventory and complying with all necessary laws and regulations in the process. Industry representatives hope that awareness will keep policymakers from going overboard, but they remain anxious while multiple sets of potentially inconsistent and conflicting servicing standards are in play...

Mortgage servicers that have not yet contemplated adjusting their practices to conform to the principles illustrated in the consent decrees federal regulators issued earlier this year against 14 top servicers, as well as the June 30 guidance from the Office of the Comptroller of the Currency, better think again, and quickly, a leading industry attorney is recommending. “I think the OCC’s guidance is a clear statement of regulator expectations as to the performance of bank servicers, both in terms of looking back and addressing past issues and in creating an appropriate compliance structure going forward,” Andrew Sandler, chairman of the BuckleySandler law firm, told Inside Regulatory Strategies. “The expectation should be that other regulators, including the Federal Reserve and the Consumer Financial Protection Bureau, will have very similar sets of expectations.”..

On July 6, in Somers v. Deutsche, Oregon state court judge Roderick Boutin from the Fifth Judicial District ruled that Mortgage Electronic Registration Systems is the beneficiary of the deed of trust. “[MERS] is identified as the beneficiary,” the judge wrote. “That MERS and its successors, as the named beneficiary, is the nominee of the lender and its successors is not contrary to Oregon law and is consistent with the express terms of the deed of trust made and delivered by the Somers.”..

Office of the Comptroller of the CurrencyFederal Deposit Insurance Corp.Federal Reserve Top servicers submit remedial foreclosure plans. Top mortgage servicers Bank of America, Wells Fargo, JPMorgan Chase, Citigroup, Ally Financial, U.S. Bank, Sun Trust, OneWest Bank, PNC Bank, MetLife Bank, HSBC Bank, Aurora Bank, EverBank and Sovereign submitted their foreclosure practices remedial plans to the OCC, the FDIC and the Fed last week. However, some of the servicers told Inside Regulatory Strategies their plans were confidential documents and would not disclose them. An OCC official said there are no plans for the agency to release the plans or to summarize their contents...

The loss mitigation flexibilities enjoyed by banks and thrifts servicing mortgages held in portfolio have not led to markedly stronger performance compared with mods allowed by the more stringent government-sponsored enterprises. New data released this month by the Office of the Comptroller of the Currency and the Office of Thrift Supervision suggest that portfolio servicers’ emphasis on principal reduction has had limited benefits on overall mod performance. Banks and thrifts serviced $1.69 trillion in portfolio mortgages at the end of the first quarter of 2011, according to the Inside Mortgage Finance Bank Mortgage Database. The portfolio holdings were down by ... [contains one data chart]

The Obama administration is requiring FHA to participate in special program that extends forbearance periods for unemployed homeowners from four to 12 months to help them avoid foreclosure while seeking re-employment. The current unemployment forbearance programs have mandatory periods that are inadequate for most unemployed borrowers, said Department of Housing and Urban Development Secretary Shaun Donovan. Servicers participating in the Making Home Affordable Program may also be directed to extend the minimum forbearance period to 12 months wherever possible under regulatory or investor guidelines, Donovan added. Specifically...

The nation’s top mortgage servicers had to submit remedial plans for their foreclosure practices this week as part of their consent agreements with federal banking regulators, after having been granted an extension from the original submission timeline. Some servicers told Inside Mortgage Finance their plans are confidential and couldn’t be released to the public. An official at the Office of the Comptroller of the Currency said there are no plans for the agency to release those plans or to summarize their contents. The affected servicers are...

The Obama administration and Fannie Mae are requiring mortgage servicers to participate in special foreclosure prevention programs that extend forbearance periods for unemployed homeowners from 12 to 24 months to help them avoid foreclosure while seeking re-employment. The current unemployment forbearance programs have mandatory periods that are inadequate for most unemployed borrowers, said Department of Housing and Urban Development Secretary Shaun Donovan. The FHA will extend the forbearance period for unemployed homeowners to 12 months. Servicers participating in the Making Home Affordable Program may also be directed to extend the minimum forbearance period to...

The mortgage servicing sector is warily eyeing new servicing standards cooked up by the government-sponsored enterprises at the behest of their regulator that strictly mandate the servicers’ delinquency management requirements. Some lenders dread an implementation predicament while others see opportunity. In late April, the Federal Housing Finance Agency announced its Servicing Alignment Initiative that requires Fannie and Freddie to devise uniform rules for servicing delinquent mortgages they own or ...

Bank of America said it will spend $400 million just to implement the servicing changes it agreed to in a controversial proposed settlement with a group of investors in non-agency mortgage-backed securities issued by Countrywide Financial. The proposed settlement itself would cost the bank $8.5 billion, and BofA set aside another $5.5 billion to cover other possible buyback demands. Reckoning the cost of upgrading servicing systems has been a common theme in an industry that faces even bigger expenses from punitive charges. Ally Financial this week said it will cost the company ...