A federal district court judge in Manhattan this week rejected Wells Fargo’s plea to dismiss a lawsuit alleging it lied about the quality of home loans submitted to the Department of Housing and Urban Development for FHA insurance over a 10-year period. District Court Judge Jesse Furman allowed government claims under the Financial Institutions Reform, Recovery and Enforcement Act of 1989 to proceed but ruled that legal injury claims based on events that transpired before June 2009 were time-barred and that the government had waited too long to file a lawsuit. The judge also threw out claims of negligence and unjust enrichment. The government filed...

Two top Democrats on the Senate Committee on Banking, Housing and Urban Affairs called upon the FHA to revise its eligibility policy to enable more distressed borrowers to qualify for loan modification. Senate Banking Committee Chairman Tim Johnson, D-SD, and Sen. Elizabeth Warren, D-MA, urged FHA Commissioner Carol Galante in a letter to eliminate a provision that requires borrowers to be “currently employed” in order to receive loss mitigation assistance from the FHA. The FHA inserted the provision into the FHA guidelines for ...

Genworth U.S. Mortgage Insurance has stepped up its competition with the FHA in the home purchase market by announcing reduced rates and the elimination of certain overlays to make it easier for customers to deliver loans through the government-sponsored enterprises’ automatic underwriting systems. Effective on Sept. 16, the credit policy changes closely align Genworth’s requirements with those for loans approved by Fannie Mae’s Desktop Underwriter or Freddie Mac’s Loan Prospector. Specifically, Genworth will expand guidelines for its Simply Underwrite program to enable lenders to offer affordable low-downpayment financing to ...

The Office of Management and Budget has cleared a proposed rule setting qualified mortgage standards for FHA-insured single-family mortgages for issuance in the coming weeks. The OMB signed off on the proposed standards on Sept. 12 and the Department of Housing and Urban Development has a few more refinements to perform before publishing the proposal for public comment. HUD declined to discuss the contents of the proposed standards or indicate a timetable for a final QM rule. Industry participants, on the other hand, said they would be surprised if ...

The end of the fiscal year is drawing near, which means in a couple of weeks the FHA again will be in the hot seat as Congress, mortgage industry participants and consumer groups pore over the results of the latest fiscal year audit of the FHA’s Mutual Mortgage Insurance Fund. This time, stakeholders might find some encouraging data, observers say. The findings of the FY 2012 actuarial review conducted by Integrated Financial Engineering, Inc. brought a lot of heat on the FHA and the Department of Housing and Urban Development, reigniting calls for FHA reforms in the House and the Senate. Reform bills are currently ...

The Department of Housing and Urban Development’s top internal cop has criticized the department before a congressional panel for its poor oversight of FHA’s single-family programs, particularly in short sales and disposition of real estate-owned properties. Testifying before the House Financial Services Subcommittee on Oversight and Investigations, HUD Inspector General David Montoya said the department continues to face challenges in ensuring its single-family programs benefit eligible participants and are not paying improper claims. In a recent review of FHA’s preforeclosure sales program, the IG estimated that ...

Federal housing regulators and Congress may have relied on inaccurate and outdated data while keeping track of FHA loan defaults and identifying potential risk to the FHA insurance fund, according to a report from the Department of Housing and Urban Development’s Office of the Inspector General. The HUD IG said it initiated an audit after observing delayed reporting of default information on loan histories. The OIG performed the audit between November 2012 and July 2013. HUD did not comment on the report.The department requires lenders to report monthly all loans that are 30 days past due. Prompt and accurate reporting provides ...

The Department of Housing and Urban Development has issued a final rule aligning its streamlined reporting requirements for small lenders with those of federal banking regulators. HUD’s regulations currently require all supervised lenders and mortgagees, regardless of their asset size, to submit annual audited financial statements as a condition of FHA lender approval and recertification. Federal banking regulators, on the other hand, do not require their “small supervised lenders” to submit audited financial statements, but allow them to submit unaudited financial regulatory reports. Unaudited financial reports include a ...

It’s no secret that it’s now a seller’s market for mortgage servicing rights, even for legacy portfolios that are suffering from high delinquency rates. But that isn’t stopping outside cash from plowing into the receivables game. “There continues to be a lot of money out there seeking to invest in the MSR market,” said Mark Garland, president of MountainView Servicing Group, Denver. Over the past two years, upwards of $1 billion has been raised...

The Consumer Financial Protection Bureau’s amended final rule on ability to repay and qualified mortgages may have justifiable reasons but it is very complicated and difficult to implement, and likely to have unintended consequences, according to industry attorneys. Notwithstanding recent amendments to address concerns raised by the mortgage industry, the rule continues to pose challenges to lenders and attorneys in various areas. There are problems in the rule’s content and requirements as well as in developing policies and procedures to support it and the software to implement it, attorneys said. “We’re talking...