The rising delinquency rates for FHA-insured mortgage loans could spell trouble down the road for the FHA as it struggles to shore up its dwindling loss reserves, according to a new Fitch Ratings analysis. But the chief economist for the Mortgage Bankers Association has a slightly different take on that issue. Fitch analyst Brian Bertsch said a growing gap between seriously delinquent (90-day past due) guaranteed and non-guaranteed loans could presage future losses that could prompt the FHA to restrict loss claims and force banks to buy back defaulted loans. This could be the scenario ...

VA Flunks ‘Plain Writing’ Test. The Department of Veterans Affairs got an “F” for not following the requirements of the Plain Writing Act, which directs federal agencies to take steps to ensure they are communicating clearly with businesses, consumers and stakeholders. The statute went into effect July 2011 and the Center for Plain Language, a nonprofit organization that grades government agencies on their efforts to comply with the Act, evaluated and graded 12 agencies for compliance. The center gave two grades – the first grade represents how well the agency followed the requirements of the act, and the second grade reflects ...

The Consumer Financial Protection Bureau late last week issued its long-awaited proposal to establish national mortgage servicing standards for banks and nonbanks alike, extending a number of key aspects of the big national servicing settlement to the entire industry in the process. The proposed rule covers nine major topics and would implement changes made by the Dodd-Frank Act to the Truth in Lending Act and the Real Estate Settlement Procedures Act. The proposed rule generally requires servicers of closed-end residential mortgage loans (other than reverse mortgages) to send a periodic statement for each billing cycle, and the CFPB’s proposal spells out the timing, form and content requirements of such statements, and includes sample forms that servicers can use. Special rules will apply...

Mortgage delinquency rates trended higher in the second quarter of 2012, although the foreclosure picture appeared to be improving. The Inside Mortgage Finance Large Servicer Delinquency Index showed a 22 basis point increase in overall defaults, including loans just one month late and those in foreclosure. After dipping below the 10.00 percent level in March for the first time since late 2009, the overall past-due rate bounced back up to 10.10 percent as of the end of June. Most servicers reported...[Includes two data charts]

Fannie Mae will soon require all of its servicers – and any subservicer or third-party originator the servicer uses – to be in full compliance with the requirements of the Housing and Economic Recovery Act of 2008, the GSE announced this week. “On or before Nov. 1, 2012, the servicer is required to complete a Fannie Mae supplier registration profile that accurately reflects its ownership status, regardless of whether it is ‘HERA-Inclusive,’ and its team composition report,” explained Fannie.

Ocwen Financial is set to reduce its effective tax rate by more than half due to the recent formation of a subsidiary corporation in the U.S. Virgin Islands. The federal corporate income tax rate in the U.S. is 35.0 percent and Ocwen had an effective tax rate of 36.0 percent through two quarters in 2012. “We believe [Ocwen’s effective tax rate] will be mid-to-high single digits,” said Bill Erbey, executive chairman of the servicer, during an earnings presentation last week. He said the lower tax rate could take effect...

The Office of the Comptroller of the Currency and the Federal Reserve are implementing third-party recommendations to improve borrower outreach and provide more opportunity for borrowers to request an independent foreclosure review (IFR), and giving consumers more time to ask for a review. Borrowers can request a review if they believe they have suffered financial injury from improper foreclosure actions in 2009 and 2010. The IFR process is being conducted by 14 mortgage servicers that are subject to the consent orders issued by the OCC and the Fed in April 2011. The orders required servicers to take steps to establish strong and comprehensive standards for mortgage servicing and foreclosure processing and to carry out...

The Consumer Financial Protection Bureau initiated its first enforcement action last month, filing a sealed complaint in federal court in California against an attorney and affiliated partners and companies that offered loan modification and foreclosure relief services to struggling homeowners. The bureau’s complaint alleges that defendant Chance Edward Gordon, some of his colleagues and related companies in the Los Angeles area, deceived consumers with false promises of obtaining loan modifications in exchange for...

Last week, the Office of the Comptroller of the Currency and the Department of Justice announced a $12 million settlement that resolves legal and regulatory actions brought against Capital One for alleged violations of the Servicemembers Civil Relief Act, including foreclosing without a court order. The agreement requires Capital One to pay approximately $7 million in damages to service members for SCRA violations, including at least $125,000 in compensation plus compensation for any lost equity (with interest) to each service...

Officials at Ocwen Financial revealed this week that the servicer hired more employees than operationally necessary in an effort to win bids for servicing and subservicing. They said they are now in the process of right-sizing staffing levels through a number of different techniques. “We over-hired to make sure we could hit the cover off the ball on the deals that we knew we had in-hand,” Ron Faris, president and CEO of Ocwen, said during the servicer’s earnings presentation for the second quarter of 2012. Ocwen completed ...