The long-anticipated settlement among mortgage servicers, state attorneys general and federal agencies will be a positive for the housing market but have a modest impact on non-agency MBS, according to Moody’s Investors Service. The deal provides $10 billion for principal reduction loan modifications, and coupled with an expansion of the Home Affordable Modification Program, should help up to 1 million homeowners avoid foreclosure, Moody’s said. That may be a relatively small number compared to the 14.6 million households that are underwater, but it will help curb the flow of foreclosed...

Of the $25 billion in penalties agreed upon for the multistate servicing settlement, approximately $2.66 billion in cash is going to individual states to provide relief for funds lost through servicer wrongdoing, though states are spending their cash differently. Without the settlement terms, which have yet to be released, it is impossible to know the parameters for which the 49 states in the agreement and the federal government can use their money from Bank of America, Wells Fargo, JPMorgan Chase, Citigroup and Ally Financial. Through announcements by public officials, however, a picture of...

Mortgage lenders looking for some certainty as to whether the disparate impact theory of discrimination applies under the Fair Housing Act will be disappointed to learn they’ll have to wait. In the key case of Magner v. Gallagher, the city of St. Paul, MN, suddenly removed its challenge to an appellate court ruling on this question, precisely because it thought it would prevail. City leaders came to believe that a victory could substantially undermine important civil rights enforcement as it relates to housing throughout the nation, and that was a price they didn’t want to ...

Supreme Court of the United States.Oral Arguments This Week in RESPA Case. The Supreme Court is scheduled to hear oral arguments Tuesday, Feb. 21, in Tammy Foret Freeman, et vir, Petitioners v. Quicken Loans, Inc. The central issue is the legitimacy of fee-splitting under the Real Estate Settlement Procedures Act. At the crux of the legal debate is Section 8(b) of the Real Estate Settlement Procedures Act, 12 U.S.C. §2607(b), which states that no person “shall give and no person shall accept any portion, split or percentage of any charge made ...

MBS investors were not at the negotiating table for the multistate servicing settlement, yet they will feel the reverberations of the principal reductions and loan modifications the banks have promised state attorneys general and federal agencies. The $25 billion agreement reached last week among 49 states, the federal government and five major servicers – Bank of America, Wells Fargo, JPMorgan Chase, Citigroup and Ally Financial – allocates $10 billion toward principal reductions for underwater borrowers at risk of default. The banks will cough up another $7 billion for other forms of borrower...

The Department of Housing and Urban Development plans to use revenues from proposed FHA premium hikes and servicer settlements to stabilize the Mutual Mortgage Insurance Fund and bring capital reserves back to compliance. The proposals for annual premium increases on forward FHA-insured mortgage loans, multifamily and health care loans were laid out in the FY 2013 HUD budget, which the Obama administration sent to Congress this week. During a press briefing, HUD Secretary Shaun Donovan said raising FHA premiums further would improve the FHA insurance fund’s capital reserves, which fell ...

Citigroup, Inc. this week agreed to settle a civil fraud lawsuit with the Manhattan U.S. Attorney’s Office and the Department of Housing and Urban Development alleging reckless mortgage lending practices. The $158.3 million settlement was reached on Feb. 15, hours after Preet Bharara, the U.S. Attorney for the Southern District of New York, filed a civil fraud lawsuit against CitiMortgage, a subsidiary of Citibank. The suit sought treble damages and civil penalties under the Financial Institutions Reform, Recovery and Enforcement Act of 1989 and the False Claims Act, a federal Civil War-era statute Congress passed to ...

Excluding streamlined FHA refinancing from the “Compare Ratio” loan review process to facilitate refinancing of underwater non-agency mortgages, as proposed by the Obama administration, would make sense. At the margin, however, the proposal would increase Ginnie Mae prepayment speeds on higher-coupon borrowers, analysts cautioned. The proposal is part of a broader administration plan for housing recovery, which calls on Congress to provide non-agency borrowers with access to low-cost refinancing through FHA, and fully streamlined refinancing for borrowers with Fannie Mae or Freddie Mac loans. Underwater borrowers who opt for streamlined refinancing in either agency or non-agency programs would have ... [one data chart]

Total delinquency rates and foreclosure start rates decreased for all loan types on a quarter-over-quarter basis, except FHA loans, according to the Mortgage Bankers Association’s National Delinquency Survey for the fourth quarter of 2011. All delinquency and foreclosure measures for FHA loans were up over the previous quarter because the agency’s book of business experienced rapid growth, and purchase loans originated in 2008 and 2009 are now only entering the peaks of a normal delinquency, the MBA explained. On a seasonally adjusted basis, the delinquency rate for FHA loans increased 27 basis points to 12.36 percent and the foreclosure inventory rate rose by ... [one data chart]

The Department of Housing and Urban Development last week withdrew a proposal that would have allowed the Farmer Credit System’s direct lenders to participate as approved lenders in the FHA insurance programs. In a notice published in the Feb. 13 Federal Register, HUD explained that while it supports having mortgage credit available to qualified borrowers, particularly in underserved areas, it remains committed to the administration’s goal of reducing the FHA’s market share and facilitating the return of private capital to the housing finance market. The FHA and its approved lenders will continue mortgage lending in rural areas to ensure ...