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Another Jurisdiction Flirts With Eminent Domain Proposal Despite Likely Blockade From HUD

June 28, 2013
The City Council of North Las Vegas, NV, is the latest local jurisdiction to be drawn by the eminent domain siren song of Mortgage Resolution Partners, despite the near-certain prospects of eventually crashing upon the rocks of opposition from federal agencies. Last week, the city council voted four-to-one in favor to approve a two-month advisory services agreement with MRP to advise the city on the seizure of mortgage loans through the use of eminent domain. Under the parameters of the agreement, MRP is to inventory potential loans in North Las Vegas that could be affected by its program, at no cost to the city, and to design a program for those loans that are inventoried. That program is to be brought back before the city council within 60 days at its Aug. 21, 2013, meeting. Also, the agreement prohibits...
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FHA Endorsements Remained Healthy in May, Wells and Quicken Dominate

June 28, 2013
George Brooks
Wells Fargo and Quicken Loans continued to dominate the FHA lending market in May, according to a new analysis from Inside FHA Lending.
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FHA Wants Authority to Move Servicing for Loss Mitigation, Proposes Tweak in Servicer Scorecard

June 27, 2013
The Department of Housing and Urban Development is seeking additional authority from Congress to transfer FHA mortgage servicing in order to facilitate loss mitigation. The change would allow the FHA to require specific actions when a servicer is underperforming or has a low score on HUD’s Tiered Ranking System, including the transfer of servicing to an FHA-designated special servicer or requiring a servicer to enter into a sub-servicing agreement. With expanded powers, the FHA also may require a servicer to engage a third-party to assist in loss mitigation services. Such authority would enable the FHA to better avoid losses due to poor servicing and, thus, protect the MMI Fund, HUD said. Testifying before a Senate appropriations subcommittee, FHA Commissioner Carol Galante noted...
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MountainView Hits Market with $1.2 Billion of MSRs

June 27, 2013
Paul Muolo
The secondary market for residential servicing rights remains robust.
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Lenders Seek Changes to Reps and Warrants

June 26, 2013
Brandon Ivey
“Confusion and uncertainty around representations and warranties standards continue to cause lenders to add their own overlays to the existing GSE credit standards,” said MBA vice chairman Bill Cosgrove.
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FHA Proposes to Expand System for Analyzing Lenders’ Loss Mitigation Efforts

June 24, 2013
George Brooks
The expanded system would include a more comprehensive method for measuring lenders’ loss mitigation activities as well as their compliance with FHA’s default servicing requirements.
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Federal Reserve May Leave More on Table for MBS Investors

June 21, 2013
John Bancroft
Fed Chairman Ben Bernanke indicated that the central bank is leaning toward scaling down its MBS purchases later this year, and that rapidly rising mortgage interest rates don’t pose a major threat to the fledgling housing recovery.
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HUD, CFPB Interpretations at Stake as SCOTUS Takes on Mt. Holly Disparate Impact Case

June 20, 2013
The Supreme Court of the United States announced this week that it will hear a legal dispute that would determine whether the Fair Housing Act – and perhaps, by extension, the Equal Credit Opportunity Act – permit claims under the “disparate impact” theory of discrimination. “The threshold issue on appeal is whether plaintiffs may use disparate impact to allege a violation under the Fair Housing Act rather than proving liability by demonstrating an actual intent to discriminate,” explained attorneys with the Dykema Gossett law firm. In Township of Mount Holly, New Jersey v. Mt. Holly Gardens Citizens in Action, the plaintiff citizen group is challenging...
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IMA in Market with $2 Billion Bulk MSR Deal

June 20, 2013
Paul Muolo
With rates rising and liquidity increasing, more mortgage servicing portfolios are hitting the auction market.
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Monitor Criticizes Top Servicer Compliance With Settlement, Threatens Penalties and Broader Testing

June 20, 2013
The chief enforcer of a massive settlement involving five top servicers portrayed the results of the most recent round of compliance testing as confirmation of issues that need to be “rectified” and the need for holding servicers accountable. Shaun Donovan, secretary of the Department of Housing and Urban Development, said the failure of the five servicers on eight compliance tests shows that “abuses shamefully endure.” He put the companies on notice that they would face monetary penalties if they don’t comply. The report from the Office of Mortgage Settlement Oversight did show...
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