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Treasury Urges HUD to Clarify FCA Materiality, Severity of Violations

August 10, 2018
A Treasury Department report called on the Department of Housing and Urban Development to establish clear standards for determining which mortgage-related violations and loan defects the Department of Justice should pursue under the False Claims Act. The report also recommended that DOJ ensure that materiality, for purposes of the FCA, is linked to the standards of the agency administering the program to which the claim has been filed. Furthermore, it urged both HUD and the DOJ to work together to clarify the process by which they can jointly resolve claims. The report was issued pursuant to President Trump’s February 2017 executive order establishing his administration’s policy to regulate the U.S. financial system according to a set of core principles. Both HUD and the DOJ have been successful in using the statute to prosecute FHA lenders who knowingly commit fraud or make ...
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Senate Passes FY 2019 T-HUD Bill, Preserves Previous Funding Levels

August 10, 2018
On Aug. 1, the U.S. Senate voted 92-6 to pass a four-bill appropriations package that includes FY 2019 funding for the Department of Housing and Urban Development and the U.S. Department of Agriculture housing programs. The bill passed without changes to program funding levels previously approved by Senate appropriators. The House Appropriations Committee has approved FY19 spending bills for both HUD and USDA. The full House, which is away for the summer break until Sept. 4, has not yet voted on the package. The Senate bill retains the previous fiscal year’s $400 billion in new loan commitments in the FHA Mutual Mortgage Insurance Fund and $30 billion for the general insurance and special risk insurance program, which include special purpose single- and multifamily loans, multifamily rental housing and condominiums. The bill also sets aside $550 billion for Ginnie Mae ...
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USDA Issuance Down at Midpoint From 2017, Up in Second Quarter

August 10, 2018
Fewer rural single-family mortgages and modified home loans with a USDA guarantee were securitized during the first six months of 2018 compared to last year. Delivery of USDA loans into Ginnie Mae pools over the last two quarters totaled $8.6 billion, down 10.1 percent from the same period last year but up 12.4 percent in the second quarter from the prior period. PennyMac topped all USDA issuers with $1.7 billion worth of rural housing MBS issued during the first half of 2018, up 22.1 percent year-over-year. New issuance also rose 30.0 percent in the second quarter from the previous quarter, enough for a 20.2 percent share of the securitized USDA market. ... [chart]
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USDA Centralizes Single-Family-Loan Foreclosure Processes

August 10, 2018
The U.S. Department of Agriculture is placing all single-family foreclosure processes under one roof and under one team. A comprehensive plan is being implemented to centralize all foreclosure functions to make them more effective, efficient and focused on customers, the agency said. Part of the plan is to consolidate individual state private-attorney agreements into a single contract across the single-family portfolio. USDA sees the state-by-state PA contracts as “bridge agreements” to a larger procurement award that allows foreclosure services to be conducted on a nationwide basis, said Joel Baxley, administrator of the USDA Rural Housing Service. Baxley said foreclosure resolutions are taking too long and are costly due to backlogs, which, in turn, results in unnecessary losses to the government. Streamlining the process and developing one foreclosure and ...
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GSE Shareholders Propose New Theory in their Legal Challenge: the FHFA is Unconstitutional

August 9, 2018
Carisa Chappell
Legal argument: If the FHFA is unconstitutional, then the net worth profit sweep must be…
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More of the Same from Ditech: A Net Loss, Lower Originations and Liquidity Concerns

August 9, 2018
Paul Muolo
In June, Ditech agreed to sell MSRs to New Penn Financial...
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Impac Reports Large Loss for 2Q18, Blames Cash Call. Is Keen to Grow Non-QM Production

August 9, 2018
Paul Muolo
A spokesman said Impac is now funding $100 million per month in nonprime loans and plans to grow the business further.
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Short Takes: In Non-QMs We Trust / A Land Rush Into Non-QM? / A Nonbank Buying a Bank, Not an Everyday Occurrence / Ultimate Goal: To Tap FHLB Advances? / Nick Smith Departs Blackstone TORO

August 9, 2018
Paul Muolo
Impac's Justin Moisio: “Everyone’s getting into this game.”
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Bulk Servicing Sales Continue at a Brisk Pace, but New Concerns Emerge on Counterparty Risk

August 9, 2018
Roughly $97.1 billion of bulk mortgage servicing rights changed hands in the second quarter, bringing year-to-date activity to $193.3 billion, according to Inside Mortgage Trends, an affiliated newsletter. But even stronger sales may lie ahead.
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Bulk Servicing Sales Continue at a Brisk Pace. A Record Year?

August 9, 2018
Paul Muolo
IMA and MountainView expect to trade more product this year than last…
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