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...

New legislation introduced in both the House and the Senate would impose tough national mortgage servicing standards, with plenty of sticks and barely a single carrot. Early last week, Sen. Jeff Merkley, D-OR, and Olympia Snowe, R-ME, introduced the Regulation of Mortgage Servicing Act to help homeowners stay in their homes by making the rules for mortgage servicers "more fair and transparent." The bill would require mortgage servicers to create a single point of contact for borrowers, end dual-track processing of foreclosures while homeowners are negotiating a modification, and provide an independent, third-party review before sending a family into...

All the witnesses at a hearing late last week in the Senate Banking Subcommittee on Housing, Transportation and Community Development agreed that national mortgage servicing standards are a necessity, but they acknowledged that the trick is deciding what they will cover and how they will work in an environment ridden with competing problems. "Servicers do not believe that the rules that apply to everyone else apply to them," said Diane Thompson, counsel at the National Consumer Law Center. "This lawless attitude, supported by financial incentives and too-often tolerated by regulators, is the root cause of the failure of...

The much-maligned Home Affordable Modification Program posted modest gains in the number of new trial and permanent modifications started during the first quarter of 2011, according to an Inside Mortgage Finance analysis of data released by the Obama administration. The number of new permanent mods started rose 8.1 percent from the fourth quarter, while the number of new trial mod offers was up 2.2 percent. First-quarter 2011 volume in both categories remained well below the levels set back in early 2010, when the program was still gaining traction. The number of active permanent HAMP modifications rose... [Includes two data charts]