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Judge Rules Ambac Can Press Fraud Claims Against JPMorgan Chase, FHFA Case against UBS Dismissed

June 21, 2013
Ambac Assurance Corp. may proceed with its fraud claims against JPMorgan Chase in connection with residential MBS that Ambac insured, a New York state judge ruled last week. In March 2012, Ambac filed suit against JPMorgan Chase, alleging fraudulent marketing of residential MBS by Bear Stearns and Co., which was acquired and renamed JPMorgan Securities. The suit claims that Ambac had to pay more than $200 million in insurance claims to investors from seven Bear Stearns securitization transactions that lost $1.8 billion. Ambac contends...
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What We’re Hearing: Panic in Mortgageland USA? / Refi Shops Go Down in Value / MSRs Stay Hot / Ocwen Cuts OneWest Workforce in Austin / Ocwen Selling Overpriced Appliance Insurance to Mortgagors? / Rep. Watt Nomination to Head FHFA on Shaky Ground

June 21, 2013
When rates spiked this week, margin calls to MBS investors increased. Lenders are nervous but next will will be the real test, mortgage executives told Inside Mortgage Finance.
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FHFA Meets With Force-Placed ‘Stakeholders’

June 21, 2013
The Federal Housing Finance Agency has no interest in revisiting a program that Fannie Mae spent a year developing to directly purchase force-placed insurance even as it solicited input last week from “stakeholders” during a two-day, closed-door working group. The invitation-only meeting, closed to the public and press, drew some 80 attendees representing big banks, insurers, insurance brokers, other regulators and representatives of industry and consumer groups who weighed in as the Finance Agency decides its policy direction on force-placed or lender-placed insurance. According to those in attendance at the meeting, the FHFA officials were cordial but the agenda was strictly focused on concerns that force-placed premiums might be too high and that the industry lacks serious competition.
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Complaint Management as a Competitive Edge

June 21, 2013
With the advent of the Consumer Financial Protection Bureau, consumer complaints have been elevated to an unprecedented level of prominence in the regulatory arena. “How many of you have had a regulatory exam that focused on complaints?” asked Lyn Farrell, managing director at Treliant Risk Advisors, at a discussion session during the recent American Bankers Association’s compliance conference in Chicago. Seeing a number of hands rise from the audience in response, she continued: “If not, you will.” ...
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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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Rep. Watt FHFA Confirmation Hearing Set for June 27? Banking Committee Mum

June 20, 2013
Charles Wisniowski
There is still no official word on when the Senate Banking Committee will take up the nomination of Rep. Mel Watt to head the Federal Housing Finance Agency.
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Rates Spike, 10-Year Just Shy of 2.4 Percent, Loan Officers Concerned?

June 20, 2013
Paul Muolo
When rates rise, loan officers begin to bite their nails, unless they are heavily reliant on purchase-money loans.
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Short Takes: Corker-Warner GSE Bill to Drop Next Tuesday / Ocwen Spin-off to Sell More Shares / CFPB Chief Cordray Defends ATR / FHA Performance Looking Up? / Stonegate Hires New Secondary Chief

June 20, 2013
Paul Muolo and George Brooks
The Corker-Warner GSE bill could see the light of day next Tuesday. Meanwhile, HLSS is selling more shares to the public.
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OneWest’s Sale of MSRs to Ocwen Reflects Shift In Servicing to Nonbanks, and Something More

June 20, 2013
OneWest Bank’s decision to sell $78 billion in unpaid principal balance of mortgage servicing rights and related servicing advance receivables to Ocwen Financial continues the trend of banks unloading servicing with special servicers. However, the deal is unique in that OneWest’s owners have been looking to cash out of the entire banking operation for a while. Ocwen announced late last week that it will buy the MSRs and servicing advance receivables for $2.53 billion, with the sale expected to close in stages this year. “We have entered into a definitive agreement with Ocwen Loan Servicing to sell our third-party mortgage servicing rights for forward mortgages in order to sharpen our focus on developing a leading regional banking franchise,” said Joseph Otting, president and CEO of OneWest. The bank was...
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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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