The secondary market for residential servicing rights returned to health this year, spurring new hopes that it could lead to securitizations of “excess” MSRs. But getting there could prove difficult. Mark Garland, president of MountainView Servicing Group, said mortgage firms that have amassed large holdings of MSRs would like to unlock the value imbedded in this esoteric asset. One way to do that is through securitization transactions. According to Garland, large banks – including Wells Fargo – have been quietly selling...
A year and a half after the $25 billion national servicing settlement took effect, attorneys general and the settlement’s monitor turned up the heat this week on the five banks participating in the settlement. Wells Fargo faces a new lawsuit, Bank of America settled similar claims, and all five servicers face additional testing standards and procedures, with BofA and Wells agreeing to even more stringent process improvements. New York Attorney General Eric Schneiderman, D, announced a lawsuit against Wells. He said consumer advocates have documented hundreds of violations to the settlement by Wells, including delays, lost paperwork and wrongful denials. BofA avoided...
Citadel Loan Servicing, which specializes in non-agency loans, has increased its maximum loan-to-value ratio to 80 percent from 75 percent. The change, which came about a week ago, is for fully documented loans.The privately held nonbank made the switch in response to borrower demand. “The phones are ringing like a son-of-a-gun,” said Citadel CEO Dan Perl. The Irvine, CA-based firm originates...
Esoteric accounting rules, statutory loss reserves requirements and declining loan production have compelled the FHA to take a mandatory draw of approximately $1.7 billion from the Treasury even though it has plenty of cash to cover potential losses. While the agency had significant liquid assets for its forward loan portfolio, it would be required to boost reserves for its Home Equity Conversion Mortgage program to cover all expected future losses for the next 30 years, FHA Commissioner Carol Galante explained in a letter to Senate Banking Committee leaders. The announced draw became ...
The Department of Housing and Urban Development this week proposed its own “qualified mortgage” rule for FHA-insured mortgage loans that builds off the existing QM rule finalized by the Consumer Financial Protection Bureau earlier this year. The proposed rule aligns with the ability-to-repay criteria in the Truth in Lending Act as required by the Dodd-Frank Act. Once the proposal becomes final and takes effect, it would replace the CFPB’s rule for FHA loans. The DFA has set a seven-year timetable for FHA, the VA and the Rural Housing Service to promulgate their own QM rules. HUD’s proposed QM rule would ...
The Department of Housing and Urban Development’s Mortgagee Review Board has collected $1.9 million from Oct. 1, 2012, through June 30, 2013, from actions taken against FHA lenders. The MRB actions involved 30 lenders, of whom 15 agreed to settle and seven agreed to indemnify HUD for its losses, according to the board’s latest data. The indemnification agreement covered 166 FHA-insured loans, and 11 lenders lost their authority to participate in the FHA single-family mortgage program. Cases heard by the MRB involved infractions, such as failure to implement and maintain a quality control plan and to review early payment default loans, which resulted in ...
The FHA has clarified the meaning of “continuous income” and announced other updates to its loss mitigation home-retention options to help distressed borrowers retain their homes and, thus, reduce the number of claims against the Mutual Mortgage Insurance Fund. FHA lenders are required to implement the updated policies in Mortgagee Letter 2013-32 by Dec. 1, 2013. “Continuous income” is one of the criteria a defaulting borrower must meet in order to qualify for a loan modification. While it generally refers to employment income (e.g., wages, salary or self-employed earnings), it may also include ...
Wells Fargo claimed partial victory after a Manhattan federal district court judge dismissed certain claims against it in a government lawsuit alleging the bank lied about the quality of defaulted mortgages insured by the FHA. District Court Judge Jesse Furman ruled that legal injury claims based on events that happened prior to June 2009 were time-barred and that the government had waited too long to file a lawsuit. He also threw out claims of negligence and unjust enrichment. On the other hand, Furman let stand claims under the Financial Institutions Reform, Recovery and Enforcement Act of 1989, which the ...
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