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Department of Justice to Lenders: Settle With Us Now or Pay More Later

April 25, 2013
Thomas Ressler
The government is warning mortgage lenders to settle their fair lending cases upfront instead of litigating.
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Servicers Under Pressure on $25B Settlement

April 19, 2013
The five servicers participating in the $25 billion national servicing settlement will face increased scrutiny due to complaints regarding their compliance with the settlement. In addition to requiring a certain amount of loss mitigation actions on non-agency loans, the settlement set standards to be followed by the servicers. Joseph Smith, the settlement’s monitor, said he is establishing additional metrics for the settlement to address complaints about actions by Ally Financial, Bank of America ...
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Guidance Clarifies Indemnification Process

April 19, 2013
The Department of Housing and Urban Development this week issued guidance that spells out procedures for demanding indemnification from lenders participating in the agency’s Lenders Insurance (LI) program for loans deemed ineligible for FHA insurance. The guidance (Mortgagee Letter 2013-10) implements regulation that HUD finalized in January 2012. Indemnification for defective LI loans became even more important for the FHA after an independent actuarial audit in November revealed a negative capital reserve ratio and that a taxpayer bailout seemed imminent. Compliance experts warned that, with the policy changes, the more than ...
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HUD Reiterates Plea for Expanded HECM Power

April 19, 2013
Department of Housing and Urban Development Secretary Shaun Donovan this week reiterated his agency’s request for additional legislative authority to regulate the Home Equity Conversion Mortgage program by mortgagee letter so that much-needed changes can be implemented immediately. Rather than go through the tedious legislative process of amending HECM legislation to improve the program and reduce HECM losses, expanding HUD’s authority would enable the department to undertake immediate reforms, such as restricting lump sum payments, requiring financial assessments of HECM applicants and requiring borrowers to ...
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DOJ Announces SCRA Lawsuits, Settlements

April 19, 2013
The Department of Justice recently announced enforcement actions against a New York-based FHA lender and its owner/president for fraudulent certification of FHA-insured loans as well as two separate settlements with bank subsidiaries for alleged violations of the Servicemembers Civil Relief Act. In the first action, the U.S. Attorney for the Southern District of New York, the Department of Housing and Urban Development, and the HUD Office of the Inspector General jointly announced a civil mortgage fraud lawsuit against ...
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MRB Reports 2012 Settlements, Indemnifications

April 19, 2013
The Department of Housing and Urban Development’s Mortgagee Review Board slapped 157 FHA lenders during the first nine months of 2012 with various administrative actions, including more than $1.7 million in civil money penalties and indemnifications to HUD for paid and potential claim losses totaling $1.25 million. The MRB, which is HUD’s disciplinary arm, took action against the approved lenders from Jan. 1, 2012, to Sept. 30, 2012. According to a notice published in the April 11 Federal Register, the board withdrew the FHA approval of 130 lenders for failing to ...
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GNMA Seeks Input on Future of Ginnie I & II

April 19, 2013
Ginnie Mae is seeking feedback from dealers, issuers and investors about whether to continue to maintain two separate mortgage-backed securities programs or to consolidate them under a single security. Comments are also being sought on other possible options. Bloomberg.com recently reported that Ginnie Mae sent out questionnaires to Wall Street broker-dealers for their input on the future of both the Ginnie Mae I and Ginnie Mae II MBS programs. The agency has been considering whether it should merge the programs for some time. The Ginnie Mae I single-issuer pool program with stringent pooling requirements began in ...
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Wells Fargo Steps Up Plans to Sell MSRs, Unloads Big Reverse Package and Scouts for Project Manager

April 18, 2013
No one is suggesting that Wells Fargo will begin lopping off large chunks of its $1.9 trillion residential servicing portfolio in a fashion similar to what Bank of America has done the past two years, but clearly selling mortgage servicing rights is on its to-do list. The big question is how much Wells Fargo is willing to part with. The bank declined to discuss the matter with Inside Mortgage Finance, but confirmed that it seeks to hire what it calls a “project manager” to oversee the effort. A spokeswoman for Wells downplayed the significance of the hire, saying the person who eventually joins the staff will be a “non-executive.” At least four servicing professionals said...
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Ex-CFPB CIO Launches Compliance Venture for Third-Party Mortgage Investors

April 16, 2013
Paul Muolo
Tim Duncan, a past chief information officer for the CFPB, aims to protect third-party lenders from regulatory snafus with his new venture.
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GSEs’ Profits to Slow Legislative Reform Drive

April 12, 2013
Fannie Mae’s and Freddie Mac’s recent, unambiguous return to profitability will diminish an already waning urgency among Capitol Hill lawmakers to proceed with legislative GSE reform as the companies’ profits flow into the U.S. Treasury by the billions, industry experts warn. Fannie announced last week that the GSE expects to remain profitable “for the foreseeable future” after posting record-shattering quarterly and yearly earnings for the period ending Dec. 31, 2012. In the wake of Fannie’s announcement, the White House this week said that from January 2013 to the end of 2023 the two GSEs could send $183.3 billion to the Treasury.
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