The Government Accountability Office says the Consumer Financial Protection Bureau and other federal regulators should include foreclosure practices in their anticipated national servicing standards, as well as a formal assessment of the risks that are associated with poor documentation practices – the exact repercussions of which are still undetermined. The new GAO report was sparked by widespread criticism of mortgage servicers’ handling of foreclosure documents. It was believed that many affidavits had been improperly notarized or signed, leading to concerns over how these loans were transferred into...

&PTop rating agencies continue to have different requirements for issuers to obtain the most favorable ratings on certain transactions, including the all-important criterion of credit enhancement. The latest manifestation of this dynamic involved a recent $1.45 billion servicer advance receivable transaction by American Home Mortgage Servicing Inc., a deal that passed muster with DBRS and Standard & Poor’s. But AHMS withdrew the deal from consideration at Fitch Ratings because of that company’s more conservative rating criteria. DBRS and S gave most components of the transaction a triple-A rating. That included two $325 million senior term notes and a $600 million senior variable funding note. The deal included subordinate term notes of $150 million and $50 million. The primary assets of...

Government Accountability Office: Foreclosure report: The GAO released a report last week entitled Mortgage Foreclosures: Documentation Problems Reveal Need for Ongoing Regulatory Oversight, which was compiled as a result of a probe House Democrats requested...

One of the most critical factors contributing to the foreclosure documentation debacle was a fundamental failure on the part of many of the nation’s top mortgage servicers to truly manage their foreclosure networks, and that’s one of the deficiencies federal bank regulators are trying to remedy in their recent consent orders, industry experts have concluded...

The mortgage lending industry wants to use favorable legislation in Colorado as a model for other states to use in addressing neighborhood blight prevention via the accelerated transfer of abandoned property, one informed source confided to Inside Regulatory Strategies...

California. State Sen. Alex Padilla, D-Pacoima, is reportedly drafting his own version of anti- "dual track" legislation that would keep lenders and servicers from filing a foreclosure sale until a loan modification that has been requested by the borrower is denied...

The city of Los Angeles on Wednesday filed a civil lawsuit against Deutsche Bank and its subsidiaries for failing to maintain the properties of loans that were pooled in non-agency MBS for which the company served as trustee. City Attorney Carmen Trutanich filed the over 200-page complaint, which accused the bank of...

Non-bank servicers are likely to face regulatory scrutiny and mandated changes, according to industry lawyers. And the consent orders recently issued by federal regulators to 14 large banks and thrifts could serve as best practices for non-bank servicers until the expected punishments are levied. “If history is any guide, it’s not going to be...

The consent orders recently agreed to between federal regulators and large bank servicers will help Ocwen Financial, according to officials at one of the largest servicers not subject to the enforcement action. “We think these orders enhance our ability to source new business as existing servicers seek to either...

The House Financial Services’ Subcommittee on Capital Markets and Government Sponsored Enterprises this week approved a mark-up of H.R. 940, “the U.S. Covered Bond Act of 2011.” The mark-up was approved by a voice vote, including two amendments, and is scheduled to receive consideration by the...