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A Growing Fear: Using the False Claims Act to Punish Mortgage Servicers

June 29, 2017
George Brooks
Over the past 18 months or so, the DOJ has expanded FCA use to reverse mortgages and loan servicing, according to attorneys Phil Schulman and Kristie Kully…
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Ginnie Mae is Now Number Two in MBS Outstanding, but Nonbanks Aren’t Exactly Lining Up to Get Approved

June 29, 2017
Paul Muolo
New applications from issuer-wannabees is at the lowest point in nearly eight years, the agency estimates.
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Servicing Group Focuses on Issues with Government-Insured Mortgages; Also Looking for Ways to Simplify Servicing

June 29, 2017
A group of servicers and other industry participants is focusing on issues with government-insured mortgages and has plans to simplify servicing practices. The Mortgage Servicing Collaborative was organized by the Urban Institute’s Housing Finance Policy Center. It includes representatives from a number of major servicers along with some officials from trade groups, consumer groups, investors, mortgage insurers, vendors and academics. The goal is...
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Short Takes: Earnings Season is Upon Us / Business Must be Good at PennyMac / Fidelity National Makes an Acquisition / It’s Not a Malware Problem / Home Loans by (Yes) Homie

June 27, 2017
George Brooks and Paul Muolo
We kid you not: Home loans from a firm called Homie...
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MBA Urges DOJ, HUD to Suspend Future FCA Enforcement Actions

June 26, 2017
George Brooks
FCA enforcement actions can result in significant damage to a lender’s reputation and bottom line, warns MBA President Dave Stevens.
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VA Jumbo Securitization Declines, FHA Jumbo Production also Down

June 23, 2017
Wells Fargo fell a notch as PennyMac raced to the top to become the leading VA jumbo securitizer for the first quarter of 2017 – a period in which VA jumbo loan securitization took a sharp nose dive. The volume of VA jumbo loans securitized during the first three months plunged 36.8 percent, compared to the meager 2.0 percent decline seen in the fourth quarter. The drop reflected a 32.9 percent drop in jumbo mortgage production during the first quarter, along with similar large drops in virtually every product segment in the mortgage market, according to an analysis by Inside FHA/VA Lending affiliate Inside Mortgage Finance. The agency jumbo market was down 39.1 percent from the fourth quarter despite the bump up in high-cost loan limits to $636,150, an increase of $10,650 that became effective in January. All components of the agency jumbo market took big hits in the first quarter, including ... [ Charts ]
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MBA Urges DOJ, HUD to Suspend Future FCA Enforcement Actions

June 23, 2017
The Mortgage Bankers Association is calling for a moratorium on future claims against FHA lenders under the False Claims Act to give the Department of Housing and Urban Development sufficient time to streamline its defect taxonomy and revise its loan-level certification requirements. In letters to HUD and the Department of Justice, the MBA said the FHA has yet to issue clear standards identifying specific errors that could trigger an FCA claim and those that do not. FCA enforcement actions can result in very significant damage to a lender’s reputation and bottom line, warned Dave Stevens, MBA president and chief executive officer. Although FHA lenders work hard to ensure compliance with strict underwriting and documentation standards, origination, insurance and servicing depend heavily on human efforts, which could easily result in technical errors, he added. While lenders process ...
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Disparate Impact Tops Groups’ List Of HUD Rules Needing an Overhaul

June 23, 2017
Industry comments on the Department of Housing and Urban Development’s plan to streamline and clarify agency regulations and discard those that have outlived their usefulness reflect mixed priorities.The Mortgage Bankers Association and the American Bankers Association chose to focus on a single issue, while the National Association of Realtors, the Community Home Lenders Association and the Consumer Mortgage Coalition called for changes on multiple issues. A HUD task force is sifting through department regulations to identify those for repeal, replacement, clarification or amendment. The regulatory review is in response to President Trump’s directive to reduce regulatory burden and control regulatory costs. While the MBA called for a freeze on all future False Claims Act enforcement actions against lenders (see story on p. 6), the ABA raised concerns about ...
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Senate Chairman Seeks Data on ‘Slush Fund’ Payments to Groups

June 23, 2017
The chair of the Senate Judiciary Committee is looking into whether monies from mortgage-settlement funds were channeled to partisan advocacy and community organizations that Congress had previously defunded. In a recent letter to Attorney General Jeff Sessions, Chairman Chuck Grassley, R-IA, revived a long-standing request by the committee for a list of all settlement agreements reached during the Obama administration that involved alleged payments to community groups. Grassley’s request came in the wake of Session’s June 7 directive prohibiting the DOJ from entering into any settlement agreements that provide for payment to third parties that were not directly harmed by the alleged misconduct. Sessions said the directive ends the previous administration’s practice of requiring or encouraging defendants to make payments to third parties as a condition of settlement. The directive would ...
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VA Explains How Condo Financing Could be Difficult for Vets, Lenders

June 23, 2017
The VA condominium-financing process can be difficult for both veteran borrowers and lenders, according to experts at a recent VA lender conference. The big issue for borrowers is finding a condo development that has VA approval or one that can obtain approval quickly enough to complete the loan process in the shortest time possible. A development that has a high number of foreclosures, a significant number of condo owners that are behind on their association dues, or pending litigation against the homeowner association is unlikely to win VA approval, experts said. Such factors could put the VA and the lender at risk. As such, securing VA approval for a development is crucial. In 2009, VA stopped accepting HUD/FHA condo project approvals in lieu of a VA project review, said Phyllis Chilton, valuation officer at VA’s Phoenix regional loan center. Condo projects that were accepted previously by ...
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