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Regulators Faulted on Independent Foreclosure Reviews

April 5, 2013
Brandon Ivey
The independent foreclosure review process established by federal regulators for 14 servicers was “deeply flawed,” Rep. Maxine Waters, D-CA, said on Thursday in response to a report on the reviews by the Government Accountability Office. Waters said she will introduce legislation next week to address problems relating to use of outside contractors for enforcement actions.
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Banks More than Double Use of Principal Reduction

April 5, 2013
Major banks significantly increased their use of principal reduction loan modifications in 2012, according to new data from the Office of the Comptroller of the Currency. The eight banks and one thrift tracked by the OCC completed 126,283 principal reduction mods in 2012, up from 43,396 the previous year. Principal reduction was used on 20.0 percent of all loss mitigation actions taken by the firms in the fourth quarter, up from an 8.5 percent share in the fourth quarter of 2011. Mortgages in non-agency MBS ...
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FHA Allows Retirement Funds in DTI Calculation

April 5, 2013
The FHA may allow a borrower’s 401(k) retirement fund to be included in the calculation of debt-to-income (DTI) ratio, according to the agency. Normally, up to 60 percent of the fund’s value may be included in the DTI ratio, the agency said. Fund assets, such as Individual Retirement Accounts, thrift savings plans, 401(k) retirement plan and Keogh Accounts, may be counted in the underwriting, it added. The rule remains applicable unless the borrower presents proof that a higher percentage may be withdrawn after subtracting any federal income tax and withdrawal penalties. In such cases, the lender would ...
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FHA Explains ‘Guidance’ on Debt Cancellation

April 5, 2013
The Internal Revenue Service has guidelines for lender cancellation or forgiveness of debt – and the FHA has none. This, however, may be somewhat more complex than it may first appear, cautioned an FHA spokesman. On the one hand, the FHA has no guidelines on the forgiveness or cancellation of mortgage debt that it insures. If the lender wants to cancel some of the borrower’s outstanding indebtedness, it does not need to ask FHA’s permission under normal circumstances, the spokesman made clear. However, the lender may not then try to recover the ...
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Around the Industry

April 5, 2013
Consumer complaints about mortgage foreclosure relief and debt management services providers were fewer in 2012 than in 2011, according to the Federal Trade Commission. In the FTC’s annual report listing the top consumer complaints for the past year, mortgage foreclosure relief and debt management dropped to #15 (33,791 complaints) in 2012 from #13 (38,140 complaints) in 2011. For the 13th year in a row, identity theft complaints topped the list, representing 18 percent of all consumer complaints. Complaints about real-estate fraud remained at #25, although fewer consumers complained about it last year (8,468) compared to ...
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Fannie Mae Posts Record Quarterly, Yearly Earnings in 4Q12, Passes on Deferred Tax Asset Allowance For Now

April 4, 2013
Fannie Mae ended 2012 with its single best quarterly and yearly profit in company history, prompting the government-sponsored enterprise to predict sustained profits “for the foreseeable future,” without taking into income any of the massive allowance it has built up related to deferred taxes. Fannie reported net income this week of $17.2 billion for 2012, compared to a net loss of $16.9 billion in 2011, with fourth quarter earnings of $7.6 billion. A year earlier, the GSE posted a $2.4 billion loss for the fourth quarter of 2011. “We had...
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Difficulties Making Payments Cause Most Mortgage Complaints, Servicers Have High Response Rates

April 4, 2013
Most mortgage-related complaints borrowers filed with the Consumer Financial Protection Bureau stemmed from problems they had making their payments, although servicers generally turned in surprisingly high and consistent response rates for timeliness and resolution, according to an analysis of the new data by Inside the CFPB, an affiliated newsletter. Among the 90,000 consumer complaints included in the vastly expanded public database, more than 50,000 – far and away the biggest share – had to do with mortgages. About 30 percent of the mortgage complaints were leveled...[Includes one data chart]
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Court Ends City’s Bid to Charge Banks for Foreclosure Costs

April 2, 2013
George Brooks
The Court of Appeals of Ohio for the Eighth District apparently has put to an end to city government lawsuits forcing banks to pay for the high costs of foreclosures, including city costs to raze or board up abandoned houses and lost taxes due to property devaluation.
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Best Liquidity in Five Years for ‘Flow’ and ‘Bulk’ MSRs

March 29, 2013
Paul Muolo
Sellers of 'flow' and 'bulk' mortgage servicing rights are seeing a noticeable increase in prices for their MSRs as buyers chase both quality and bargains.
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Is the Mortgage Buyback Scourge Over? Repurchases Decline to Four-Year Low

March 29, 2013
John Bancroft
Roughly 270 depositories reported some mortgage buyback activity for 2012 but overall repurchases fell to a four-year low. Is the worst of the problem now over?
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