Lenders clamoring for a hand hold around the slippery issue of “strategic defaulters” do have options in the form of technology and legal leverage to tackle the issue even as the problem may not be as pronounced as first thought, say experts. The problem of borrowers who otherwise have the capacity to make their mortgage payments but instead opt to walk away from the loan was once a fringe issue in the industry. But strategic default became a bigger concern as more and more borrowers found they owed more on their home than the house was worth, according to Brent Taggart, senior vice president at Green River Capital, a Utah-based real estate owned management and...

Mortgage servicers have made little headway trying to de-bunk the widespread belief that foreclosures are profitable transactions for lenders, but a new Mortgage Bankers Association report tries to explain the impact of defaults on servicing income. Servicing advances are reimbursed when a modification is completed within 45 days, the study notes. Because they occur earlier than a foreclosure, mods limit the amount of money the servicer has to advance to investors on delinquent accounts, the trade group said. “The servicer’s reimbursement is at the top of the waterfall, meaning the servicer’s advances, which may have been from...

Mortgage delinquency rates improved in almost all categories, and although they’re still high, it could signal a positive turning point, according to recent reports. The Inside Mortgage Finance Larger Servicer Delinquency Index showed an overall delinquency rate at 10.27 percent in the first quarter, down from 11.25 percent in 4Q10, and the lowest seen since the 9.39 percent rate in 1Q09. Improvements were seen in every category of delinquency from last quarter. Loans 30-60 days delinquent went from 2.81 percent to 2.41 percent, 60-90 days delinquent from 1.25 percent to 1.01 percent and loans over 90 days delinquent from... [Includes one data chart]

California Attorney General Kamala Harris this week announced a new mortgage-fraud investigating force to monitor and prosecute deviations from the mortgage processes required by law. The new group, called the California Attorney General’s Mortgage Fraud Strike Force, will be composed of attorneys and investigators from the state Department of Justice (both civil and criminal), and will oversee processes such as mortgage loan origination and the way mortgage-backed securities are marketed to investors. “We will work to safeguard the homeowner at every step of the process – from origination of a loan to its securitization – and we will...

The complexity of the task of getting a brand new agency of the federal government, the Consumer Financial Protection Bureau, up and running could slow the adoption of national mortgage servicing standards...

Staff at the Federal Reserve Bank of New York and other legal professionals are scrutinizing the fundamental questions the foreclosure crisis has raised about the adequacy of the legal framework for modern mortgage note transactions, especially when it comes to transferring and enforcing notes and mortgages, and how best to resolve them. The role of the Mortgage Electronic Registration System is a part of the discussion. To date, they are relying upon a number of issues that have been identified in a draft discussion document prepared recently by the Permanent Editorial Board of the Uniform Commercial Code, in conjunction with...

Turning profits by investing in distressed mortgages has become increasingly difficult, according to distressed asset investors. Many investors cannot get the internal rate of return necessary to invest in this space, according to Steven Grundleger, executive vice president of capital markets at FNC. Grundleger and other market participants detailed the state of the distressed asset sector at the recent secondary market conference hosted by the Mortgage Bankers Association. Some 47.7 percent of home sales completed in April involved distressed borrowers, according to the Campbell/Inside Mortgage Finance HousingPulse Tracking Survey, a monthly measure of...

Performance of Home Affordable Modification Program mods does not vary much between non-agency mortgages and agency mortgages, according to a new analysis by Inside Nonconforming Markets. Performance has been generally lackluster, although differences have emerged among non-prime HAMP servicers. As of the end of March, 1.56 million trial HAMP mods had been started, including 716,006 on non-agency mortgages, according to the Special Inspector General for the Troubled Asset Relief Program. And 670,186 permanent HAMP mods had been started, including 309,027 on non-agency mortgages. Some 46.6 percent of trial mods started on... [Includes one data chart]

Non-agency mortgage-backed security investors appear to be unwilling to support new non-agency MBS issuance until reforms are implemented for second-liens. Nancy Mueller Handal, a managing director at MetLife, said potential non-agency investors are looking for an alignment of issuer, investor and servicer interests. "A big piece of this comes down to the fact that servicers have been managing their second liens in portfolio to the detriment of the first lien," she said at a discussion this week hosted by the American Securitization Forum. Second liens became a major focus of a hearing on national servicing standards last week at...

High-touch servicer Nationstar Mortgage announced this week that it plans to raise up to $400.0 million via an initial public offering. The servicer - owned by Fortress Investment Group - primarily focuses on defaulted agency mortgages. Nationstar serviced a $64.2 billion portfolio as of the end of 2010, with subprime mortgages accounting for a 14.6 percent share. Reps. Gary Miller, R-CA and Brad Sherman, D-CA, recently introduced legislation to permanently increase the conforming loan limits. Few analysts believe that H.R. 1754, "the Preserving Equal Access to Mortgage Finance Programs Act," will gain much traction considering...