Manhattan District Attorney Cyrus Vance has charged Abacus Federal Savings Bank and a group of its former employees in a massive mortgage fraud scheme for allegedly originating and selling fraudulent mortgage loans to Fannie Mae over a five-year period. The Manhattan-based bank, which provides loans and other banking services in New York City’s Chinatown, as well as 19 former employees, were charged with residential mortgage fraud, securities fraud, grand larceny, conspiracy and falsifying business records. Eleven of the bank’s employees were indicted in state court two weeks ago, while eight waived indictment and admitted guilt, according to the DA’s 184-page indictment.

Data are one of the big drivers behind the Consumer Financial Protection Bureau’s decision to re-open the public comment period on its ability-to-repay rule before making the new regulation final. The Federal Register notice that announces the re-opening the comment period explains that the CFPB has received data from the Federal Housing Finance Agency tracking the performance of loans bought or backed by Fannie Mae and Freddie Mac from 1997 to 2011. The CFPB has also received data on other securitized mortgages. According to the bureau, the data can be tapped for a variety...

In the case of Brisbin v. Aurora Loan Services LLC, the U.S. Court of Appeals for the Eighth Circuit has ruled that a lender’s oral promise to postpone foreclosure is unenforceable; that is, that such a promise is a credit agreement that has to be in writing if it is to be enforceable. Borrower Alison Brisbin filed this lawsuit in Minnesota state court against Aurora Loan Services LLC, Mortgage Electronic Registration Systems Inc. and Freddie Mac, seeking legal and equitable relief from the foreclosure and sale of her home. She alleged three legal theories for invalidation of the...

A proposal to replace the FHA’s current Tier Ranking System with a Servicer Performance Scorecard as a basis for determining servicer incentive payment is expected to be published in the Federal Register by the end of this month. In the previous issue of Inside FHA Lending (Volume 5, Issue 11, May 25), it was reported that a coalition of industry groups asked the FHA to adopt a private transfer fee rule in harmony with the final rule recently adopted by the Federal Housing Finance Agency. In a recent seller/servicer bulletin, Freddie Mac announced that, effective July 16, it will not purchase mortgages that are ...

Fannie Mae this week tapped its chief administrative officer and general counsel to replace the company’s outgoing chief executive even as a bipartisan group of senators say they “remain deeply concerned” about “excessive” executive compensation at both government-sponsored enterprises. Fannie’s board of directors announced, with the Federal Housing Finance Agency’s consent, the appointment of Timothy Mayopoulos as president and CEO and elected him a member of the board. Mayopoulos, 53, currently holds the title of executive vice president but has managed several critical functions since he joined Fannie...

Abacus Federal Savings Bank, a small bank that provides loans and other banking services in New York City’s Chinatown, was indicted along with 11 of its former employees for allegedly originating and selling fraudulent mortgage loans to Fannie Mae over a five-year period. An additional eight ex-employees agreed to waive indictment and admitted their guilt in connection with the alleged conspiracy, according to Manhattan District Attorney Cyrus Vance, who brought the 184 indictment charges last week. The indictment came after a two-year investigation of Abacus, its employees and managers, who allegedly...

Lenders should now consider themselves on notice that the GSEs have adopted an even more aggressive posture in pressing their representation and warranty rights on mortgage loans they find wanting, analysts say, as evidenced by last week’s announced $330 million repurchase of Freddie Mac mortgages by Bank of America. A Freddie spokesman said that the GSE and BofA “mutually agreed” that the bank would repurchase the 2010 and 2011 loans that were not eligible for sale to Freddie under the terms of the company’s contracts with BofA. Specifically, the loans were underwritten using alternative valuation methods that were prohibited for use in the underwriting of the particular types of mortgages involved.

Mortgage Guaranty Insurance Corp.’s hopes for a “business as usual” relationship with Freddie Mac despite the mortgage insurer’s recent lawsuit against the GSE over a pool insurance dispute appears to be wishful thinking after Freddie has counter-punched with litigation of its own, claiming breach of contract and seeking punitive damages. Two weeks ago MGIC filed suit against Freddie and the GSE’s regulator, the Federal Housing Finance Agency, in the U.S. District Court Eastern District of Wisconsin, Milwaukee division, where the MI is based.

Some 50 percent of registered voters view Fannie Mae and Freddie Mac negatively, according to a new survey by the Tarrance Group on behalf of the Woodrow Wilson International Center for Scholars. The national survey of registered “likely” voters found that Fannie held a 51 percent unfavorable to 22 percent favorable impression among voters surveyed while Freddie’s numbers were just as dour – 50 percent unfavorable to 17 percent favorable.

Fannie Mae’s short list to replace its outgoing chief executive has been narrowed down to two finalists – one leading candidate from within and another from outside the company. A source familiar with the inner workings of the company confirms published reports that Timothy Mayopoulos, Fannie’s chief administrative officer and general counsel, is the leading candidate among the GSE’s CEO search party.The company is also looking at S.A. Ibrahim, CEO of Philadelphia-based mortgage insurer Radian Group, as a strong contender for the top job.