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Wells Fargo, PHH Agree to Pay $182 Million to Resolve FCA Lawsuits Involving FHA, VA, and Loans Sold to GSEs

August 10, 2017
The Department of Justice and three other federal agencies will rake in $182 million from separate agreements by Wells Fargo and PHH Mortgage over False Claims Act charges. The PHH settlement features a rare FCA action involving loans sold to Fannie Mae and Freddie Mac. Wells Fargo agreed to pay $108 million to settle a whistleblower lawsuit filed in 2006 and unsealed in 2011. It alleged that the bank overcharged veterans by masking unallowable fees and concealing the fact in order to obtain VA guarantees for the mortgage loans. At the same time, Wells allegedly falsely certified to the VA that it was not charging improper fees. Similar charges were brought...
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Alternative Credit Scoring Model Possibility Delayed Until Post-CSP Implementation

August 10, 2017
Federal Housing Finance Agency Director Mel Watt said it will be at least two years until Fannie Mae and Freddie Mac will adopt alternative credit scoring models. A number of groups have been pushing the government-sponsored enterprises to look beyond the FICO score, and Fannie and Freddie have been studying the issue. But Watt said any major change will have to wait until the GSEs have completed the complex single-security project. “Based on the overwhelming feedback we have received from the industry, it is...
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MBA Estimates Slight Impact of Housing- Finance Reform on Consumer Costs

August 10, 2017
The Mortgage Bankers Association said its housing-finance reform proposal would likely have little impact on consumer mortgage costs. Whether costs to consumers are modestly higher or lower will depend on how the different components suggested for reform are determined through the political process, according to the MBA. “While the precise impact on consumer costs from true housing-finance reform may be difficult to gauge, we know...
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Rising Home Prices Are Beginning to Dampen Homebuyer Demand, Fannie Survey Finds

August 10, 2017
Purchase mortgages are getting to be a tougher sell as many potential homebuyers say high prices make it a lousy time to buy a house, and sellers are getting less enthusiastic as well. A Fannie Mae survey found that the share of people surveyed who said it was a bad time to buy reached a high of 57 percent in July, while the share who said it was a good time to buy hit a low, 34 percent. The government-sponsored enterprise has been conducting the survey since 2011. “It’s...
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Federal Appeals Court Rules Mortgage Underwriters Are Entitled to OT Pay; Time for SCOTUS or DOL to Intervene?

August 10, 2017
The U.S. Court of Appeals for the Ninth Circuit recently held that mortgage underwriters are not “administrative employees” and, therefore, not exempt from the overtime protections of the Fair Labor Standards Act. The court’s ruling in McKeen-Chaplin v. Provident Savings Bank overturned a lower court decision and deepened a split among the circuit courts on whether certain employees of mortgage companies qualify for overtime pay. Given the conflicting circuit court opinions, attorneys are...
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Mortgage REITs Boost MBS Investments During 2Q17, Show Healthy Appetite for Risk-Transfer Deals

August 10, 2017
John Bancroft
Annaly Capital Management remained the largest MBS investor in the group, accounting for 32.2 percent of the market…
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Short Takes: The FCA and VA Loans? / CFPB to Zillow: You’d Better Settle / Some Details on JPM’s New Non-Agency MBS / Buying a Home Without Ever Seeing It / Altisource Hires Nomura Executive

August 9, 2017
Brandon Ivey, Paul Muolo, Sherry Muolo, and Thomas Ressler
Morningstar said the ratings were discontinued due to a request from Ocwen...
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PHH Enters Into Settlements with DOJ, FHFA to Settle Underwriting Issues Tied to Legacy Loans

August 8, 2017
Paul Muolo
PHH said it settled the cases without admitting liability “to avoid the distraction and expense of potential litigation.”
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Trade Groups Call on CFPB to Address the GSE ‘Patch’ One Way or Another

August 8, 2017
Thomas Ressler
The Consumer Mortgage Coalition and MBA separately recommend replacing the GSE patch with a more transparent set of criteria…
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Fairholme Predicts Trump’s DOJ Will See (GSE) Things Its Way

August 7, 2017
Paul Muolo
“There is a proven blueprint to succeed, and we hope to successfully resolve this matter before reaching the Supreme Court of the United States,” the company told investors.
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