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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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Around the Industry

March 28, 2014
Old Republic Cancels Recapitalization Plan for its Mortgage Guaranty Subsidiaries. Old Republic International Corp. has withdrawn plans to secure capital market funding for its beleaguered consumer credit indemnity and mortgage guaranty subsidiaries for lack of investor interest. Both business segments are housed within the Republic Financial Indemnity Group and have been in a run-off mode since 2008 and 2011, respectively. ORI Chairman/CEO Al Zucaro said holding company funds would be used to shore up the regulatory capital of the mortgage guaranty subsidiaries. The completion of the recapitalization plan hinged on regulatory approvals in North Carolina, Florida and Vermont, as well as from the government-sponsored enterprises and the Federal Housing Finance Agency. ORI said that with all the complications, it could not be certain of getting the necessary approvals. A primary investor concern is that new capital would be used to pay for RMIC’s legacy problems, and investors want their money to ...
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Most Mortgage Firms Continue to Undervalue Their Servicing Rights; But are Some Being Too Conservative?

March 27, 2014
In general, newly-created mortgage servicing rights are being valued at 4 to 4.5 times the servicing fee, which has become the industry norm of late, but there’s a school of thought that says lenders are being a bit too conservative in their “marks.” “Whether your company is public or private you have to be within [generally accepted accounting principles] on these valuations,” said Ken Richey, managing partner in Richey & Co., an accounting and advisory firm based in Englewood, CO. “GAAP dictates that you have to book it at fair value. But what’s fair value?” On a Fannie Mae or Freddie Mac loan, 4 times the servicing fees translates...
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Home Equity Lending Has its Best Year Since 2009

March 27, 2014
John Bancroft
The top three HEL lenders in the market – Wells Fargo, Bank of America and Chase – originated a combined $17.8 billion in home-equity loans last year, but they still saw a $32.1 billion decline in their total holdings of HELOCs and closed-end seconds.
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The Servicing Market: Far More Sellers Than a Year Ago

March 27, 2014
Thomas Ressler
Then again, some lenders are taking a middle path, selling the MSR asset but continuing to work the loans as a subservicer.
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Industry Experts Spell Out How to Get the Most Mileage From Your Mortgage Servicing Rights

March 27, 2014
Lenders are discovering hidden gold in their mortgage servicing rights these days. But even with the run-up in values, many lenders are choosing to keep their servicing, some because it maintains relationships with customers who have additional valuable banking needs, and others to avoid the regulatory headaches associated with servicing transfers. Some lenders are taking a middle path, selling the asset but continuing to work the loans as subservicer. During a webinar sponsored by Inside Mortgage Finance this week, Mark Garland, president of MountainView Servicing in Denver, noted that there are far more sellers today than even one year ago. In the first three months of 2014, 36 deals went to auction with $98 billion in unpaid principal balance. That compares with the 13 deals ($146 billion) auctioned during the same period last year, although $100 billion of that was in one deal. “Despite strong demand and pricing levels, sellers are vetting...
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