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Court Denies Relator Standing in Whistleblower Suit Against Bank

May 29, 2015
Whistleblowers that bring a False Claim Act claim against an FHA lender based on previous publicly disclosed information have no standing, according to a recent federal district court ruling. Judge Jack Zouhary of the U.S. District Court for the Northern District of Ohio dismissed an FCA lawsuit against U.S. Bank because the whistleblower had neither direct nor independent knowledge of the bank’s alleged false claims – two basic requirements for standing in a whistleblower suit. The Advocates for Basic Legal Equality (ABLE), an Ohio-based legal aid group, filed an FCA lawsuit against U.S. Bank for allegedly disregarding and violating FHA regulations. The group accused the bank of filing false claims and collecting payments without evaluating loss mitigation alternatives before foreclosing on properties. According to ABLE, it had consulted with “many people,” whose mortgage loans were ...
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Doesn’t Sound Like Fannie Mae Will Offer its Automated Underwriting System for Free

May 28, 2015
Paul Muolo
It stands to reason that by waiving the charge that Freddie might take in less revenue, but a GSE spokesman said as a financial matter, “it’s not material.”
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Short Takes: Wells Fargo Now #2 in Iowa / Why We Really Need the CSP / What Does Fannie Mae Charge? / First Niagara Under HUD’s Microscope

May 28, 2015
John Bancroft, George Brooks, and Paul Muolo
The former analyst said Freddie has “an inferior security [MBS] necessitating the need for a lot of time and expense to create a common securitization platform…”
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Black Knight Nets Nearly $480 Million on IPO, Plans to Expand in Mortgage Services

May 27, 2015
Brandon Ivey
Black Knight plans to expand its offerings to existing clients, gain new clients, introduce new products and selectively acquire smaller vendors...
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Short Takes: The MSR Deals Keep Coming / New Home Sales Strong / USRES Signs Up Nonprime Lender / Overvalued Housing in Texas / Altisource’s Latest Hire

May 26, 2015
Paul Muolo
One new portfolio that came out for bid recently entails the transfer of $328 million of Fannie Mae receivables in Massachusetts.
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Realtors, Appraisers See Potential in Drones

May 22, 2015
The real estate industry is excited about the potential use of unmanned aerial vehicles (UAVs) or drones in marketing residential and commercial properties. But stakeholders might have to wait a bit more until federal regulations for drone usage are clear and precise. Industry participants across the country are eager to use drones for aerial photography, videography, property inspection and appraisal and for other mortgage-related opportunities UAV technology might bring. Sometime in the not-so-distant future, Realtors will be able to legally fly unmanned drones over listed properties to give prospective buyers a total view of each listed property and its surroundings. For appraisers and catastrophic insurers, drones can reduce the time it takes to provide an appraisal for a residential or ...
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Industry Disconnect Emerges on TRID Readiness

May 22, 2015
A dramatic disconnect has surfaced between different segments of the mortgage industry when it comes to being prepared to comply with the Consumer Financial Protection Bureau’s pending integrated-disclosure rule. Professionals in the land title insurance side of the business are far more confident about their readiness than are depository institutions, recent surveys reveal. A survey conducted in April by the American Land Title Association found that 92 percent of respondents indicated their company will be prepared to implement the new loan estimate and closing disclosures and to comply with the CFPB’s regulation. That number isn’t as good as it seems, though. A much smaller 62.6 percent said they are on schedule for implementation. Another 29.4 percent conceded they are behind ...
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Short Takes: Nationstar to Launch Xome / Fortress Controls 66 Percent of NSM / Hedge Funds Invest in Private Money Lenders / FGMC Posts Nice Origination Gain / Foreclosure Law Firm Goes Bust

May 19, 2015
Paul Muolo
First Guaranty Mortgage Corp., Frederick, MD, originated $940 million of home mortgages in the first quarter, a 48 percent jump from the same period a year earlier.
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Short Takes: How High Can Ellie Mae’s Stock Go? / And the Flipping Continues / Lending to Flippers, a Profitable Business / GOP Says No to HUD Again / A Virginia M&A Deal

May 18, 2015
George Brooks and Paul Muolo
Several hard money lenders are involved in financing flippers, charging interest rates that are several percentage points above the going Fannie Mae/Freddie Mac rate.
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What We’re Hearing: What’s Next for Nationstar, Walter, Ocwen? / A Broken High-Touch Model? / Oh No: Ocwen Takes the Corporate Jet Away! / Texas Bank Warehouses Impac / FHFA Does Not Want the FHLBs to be an Issuer Through the CSP / More TRID Anxiety

May 15, 2015
Paul Muolo
More trouble for Ocwen: the corporate jet has been yanked!
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