The eminent domain proposal from Mortgage Resolution Partners will either painlessly help thousands of non-agency borrowers or severely harm the non-agency market, according to industry participants. The newly expanded plan could even hinder efforts to revive the non-agency market going forward, according to MRP’s opponents. “Eminent domain is an important method for mitigating losses to investors,” Graham Williams, CEO of MRP, said in a comment letter last week to the Federal Housing Finance Agency ...

Lender-related underwriting and disclosure issues have prompted a significant increase in liability for non-agency mortgage-backed security issuers, based on a court ruling last week. The U.S. Court of Appeals for the Second Circuit found that liability extends beyond trusts specifically purchased by investors to potentially all trusts in an issuer’s shelf with mortgages originated by the same lenders. “Investors may now seek to intervene to broaden classes in MBS class actions that don’t explicitly ...

After years of holding off, Homeward Residential last week launched a principal forgiveness program for proprietary loan modifications. The program follows a settlement with the Massachusetts attorney general and success with principal reduction by other nonprime servicers. “We view this program as an additional safety net for borrowers who have limited options,” said Javid Jaberi, an executive vice president of servicing operations at Homeward Residential, formerly known as American Home Mortgage Servicing ...

A California-based lender that had a $400,000 minimum loan amount policy agreed to a settlement with the Department of Justice this week regarding alleged discrimination. Luther Burbank Savings will spend $2.0 million as part of the settlement and is prohibited from implementing a $400,000 minimum loan amount policy. The lender denied the discrimination allegations, did not admit any wrongdoing as part of the settlement and claimed the loan amount policy was tied to its focus on nontraditional mortgages ...

Two Harbors Investment Corp. announced this week that it plans to contribute the real estate owned properties it started acquiring this year to a new affiliated company, Silver Bay Realty Trust. The new company is seeking up to $287.5 million from an initial public offering announced this week and plans to operate as a real estate investment trust. The move from Two Harbors, also a REIT, is somewhat abrupt as the company only started acquiring REO properties to offer for rent in the first quarter of 2012 ...

Performance of jumbo mortgages originated before 2005 is declining, bucking a trend among non-agency mortgages, according to Fitch Ratings. Most of the remaining pre-2005 jumbo borrowers have been unable to refinance. “Many high-quality mortgage borrowers are refinancing to take advantage of record-low interest rates, leaving the remaining mortgage pools increasingly concentrated with borrowers unable to refinance,” said Grant Bailey, a managing director at Fitch. More than 93.0 percent of the roughly ...

The Federal Housing Finance Agency and the National Credit Union Administration recently filed separate lawsuits seeking repurchases of mortgages in non-agency mortgage-backed securities. The FHFA lawsuit filed in August against DB Structured Products relates to ACE Securities Corp. Home Equity Loan Trust, Series 2006-FM1, which Freddie Mac purchased in August 2006. The FHFA did not disclose the size of Freddie’s investment. And last week the NCUA filed a lawsuit against UBS Securities ... [Includes three briefs]

The reverse mortgage industry is at odds with consumer advocates and the Consumer Finance Protection Bureau over a recent CFPB study, which claimed that consumers find reverse mortgages too complex and difficult to understand and that the risk of fraud and other scams persist. The latest dispute flared as reverse mortgage lenders and consumer groups responded to the CFPB’s request for information on abusive financial practices that affect elderly Americans. The comment period ended on Aug. 31. To assist its ongoing study of reverse mortgage transactions, the CFPB in July sought ...

Fannie Mae and Freddie Mac both saw substantial declines in deliveries of home mortgages with balances exceeding $417,000 during the second quarter, offsetting a significant increase in FHA originations of conforming jumbo loans. Combined, the three agencies did $24.1 billion in conforming jumbo mortgage business – loans on single-unit properties in the lower 48 states that exceed the old $417,000 loan limit. That was down 16.3 percent from the first three months of 2012 at a time when overall mortgage origination volume fell 5.2 percent. Meanwhile, originations of non-agency jumbo loans rose...[Includes two data charts]

The Federal Housing Finance Agency’s streamlined short sale guidelines set to kick in Nov. 1 could increase losses on certain home-equity loans and second liens held in bank portfolios, according to a recent analysis by Fitch Ratings. Under the new guidelines, which were announced last month, servicers will be able to accelerate their processing of a short sale for borrowers with eligible hardships without any additional approval from either of the government-sponsored enterprises. This will ...