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Lawsuits Filed to Stop Eminent Domain Plan

August 9, 2013
Three non-agency mortgage-backed security trustees filed lawsuits this week against Richmond, CA, which plans to use eminent domain to purchase mortgages with negative equity. The city recently sent letters to servicers and trustees of non-agency MBS offering to purchase 624 mortgages. If the MBS trustees do not sell the loans for the offered price of 80 percent of the current value of the properties, Richmond Mayor Gayle McLaughlin, a member of the Green Party, said the city intends to ...
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News Briefs

August 9, 2013
Carrington Mortgage Services recently reversed its response to a survey regarding accounting for principal forbearance. The servicer initially told Fitch Ratings that it reported all forbearance amounts as losses on modifications and will continue to report forbearance mods as losses at the time of modification. However, near the end of July, Carrington said it has approximately $300 million in principal forbearance amounts that haven’t been reported as losses ... [Includes four briefs]
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Is Refusal to Refi Seized Loans Redlining?

August 9, 2013
The question of whether the FHA should allow the refinancing of underwater mortgages seized through eminent domain has reemerged as a key issue following a recent decision by the city of Richmond, CA, to use its authority to take over distressed mortgages for restructuring. There is a new twist to the question, however. Could FHA’s refusal to refinance such mortgages be deemed discriminatory against cities and homeowners if eminent domain programs meet the requirements of the FHA Short Refinance program? Is that tantamount to redlining? A top executive of Mortgage Resolution Partners, which developed the eminent domain strategy to help underwater homeowners at risk of foreclosure, said ...
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PNC Under Scrutiny for FHA Foreclosure Claims

August 9, 2013
PNC Financial Services Group is under federal investigation regarding claims on expenses it incurred in connection with the foreclosure of loans insured or guaranteed by the FHA, Fannie Mae or Freddie Mac. In a recent filing with the Securities and Exchange Commission, PNC disclosed a subpoena from the U.S. Attorney’s Office for the Southern District of New York seeking documents related to the foreclosures. PNC said the inquiry is in its early stage and that ...
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Senate Urged to Ease Indemnification Provision

August 9, 2013
The mortgage banking industry has commended the Senate Committee on Banking, Housing and Urban Affairs on passing the FHA Solvency Act earlier this month but raised concerns about the bill’s indemnification provision. In a letter to Committee Chairman Tim Johnson, D-SD, and Ranking Minority Member Mike Crapo, R-ID, David Stevens, president of the Mortgage Bankers Association, said some deserving borrowers are being shut out of FHA because of strict credit overlays that lenders add to avoid indemnification risks. Stevens said when the Department of Housing and Urban Development is able to require ...
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HUD to Implement New HECM Guidelines Oct. 1

August 9, 2013
The Department of Housing and Urban Development will implement new guidelines spelling out changes to the Home Equity Conversion Mortgage program on Oct. 1. The guidelines will establish additional requirements to reduce losses and improve the fiscal safety and soundness of the HECM program, which has been hit hard by massive losses due to borrower default and steep home price declines. An FY 2012 actuarial audit projected $2.8 billion in HECM losses. However, the audit also projected a steady improvement of the Mutual Mortgage Insurance Fund’s HECM portfolio over the next seven years, becoming negative ...
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SF Lender Reviews a Top Priority Due to Abuses

August 9, 2013
Continued abuses has caused single-family loan originations to remain a top priority for reviews and targeted audits, according to the Department of Housing and Urban Development’s Office of the Inspector General. A specialized audit program has been developed to target lenders, considering a number of high-risk indicators, the OIG said. Although the agency did not elaborate, it did note Congress’ keen interest in FHA solvency and in eradicating policies and practices that contribute to the agency’s current financial woes. The OIG said it plans to ...
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VA Volume Rises Year-to-Date, Slips in 2nd Quarter

August 9, 2013
The VA home loan program was up 23.5 percent in the first six months of 2013, although activity slowed by 1.5 percent from the first quarter, according to Inside FHA Lending’s analysis of VA data. The VA reported $74.4 billion in purchase and refinanced loans during the first six months, with refis accounting for 52.9 percent of total volume. The program’s share of the overall mortgage insurance market fell to 22.2 percent in the second quarter from 24.3 percent in the previous quarter. Combining their year-to-date results, the FHA and VA reported a combined ... [1 chart]
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Around the Industry

August 9, 2013
HUD Seeks Comment on Proposed Multifamily Rule. The Department of Housing and Urban Development is seeking comment on proposed changes to regulations covering contract rights and obligations of FHA multifamily lenders. When a lender finances multifamily loans through bonds or bond anticipation notes, it uses the FHA insurance claim funds to pay off the remaining bond debts. At times, the claims payments are greater than the remaining bond debts. The proposed rule would require lenders to return to the FHA the excess bond funds that remain after ...
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Fannie Earns $10.1 Billion in 2Q, Could 'Repay' Treasury by Year-end

August 8, 2013
Paul Muolo and Charles Wisniowski
In other words, if Fannie keeps earning money at this rate, it could repay its “debt” to Treasury by year-end or the first quarter of next year.
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