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ResCap Agrees to Settlement Deal with Parent Ally, Creditors; Judge Dismisses FCA Claims Against BofA

May 17, 2013
Exactly one year after it filed for bankruptcy, Residential Capital announced this week it has entered into a “comprehensive plan support agreement” with its parent, Ally Financial, and ResCap’s creditors, who say they are owed some $25 billion in mortgage liabilities. The plan gets Ally out from under the threat of billions of dollars in lawsuits by settling all existing and potential claims between Ally and ResCap and all potential claims held by third parties related to ResCap that could be brought against Ally and subsidiaries that are not Chapter 11 debtors. The settlement, which is subject to approval by a federal bankruptcy court in Manhattan, fully releases...
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Federal Reserve May Dial Back on MBS Purchases Soon

May 17, 2013
Thomas Ressler
Since the housing bust, the Federal Reserve has purchased roughly $1.1 trillion of MBS backed by Fannie Mae, Freddie Mac and Ginnie Mae.
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HUD Seeks Authority to Regulate HECM Program Through Mortgagee Letters

May 17, 2013
George Brooks
HUD wants the authority to fix the government's ailing reverse mortgage program.
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What We’re Hearing: The Great GSE Preferred Stock Crapshoot / CBO Gives a Nod to Fannie and Freddie / The Buyback War is Not Over, Not By a Long Shot / Are Call Center Lenders In Play? / The QRM Rule May Get a Makeover / Goodman Going Part-Time at A

May 17, 2013
Hedge funds are paying as much as 20 cents on the dollar for preferred stock in Fannie Mae and Freddie Mac. Meanwhile, the GSE buyback war is not over yet.
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SunTrust Negotiates Settlement of FCA Case

May 17, 2013
SunTrust Mortgage is in settlement discussions with the Department of Housing and Urban Development and the Department of Justice over alleged violation of the False Claims Act in connection with the bank’s origination of FHA loans. The Atlanta-based mortgage lender disclosed the ongoing talks in a recent regulatory filing after being notified by the agencies of the results of their preliminary investigation during the first quarter of 2013. Even with the ongoing settlement talks, SunTrust continued to deny any wrongdoing, making clear its disagreement with the government’s analysis and methodology. It gave no further ...
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Policy Change Could Put Loans in HPML Category

May 17, 2013
Changes to the FHA’s mortgage insurance premium cancellation policy, which take effect on June 3, could ultimately cause some FHA loans closed after the effective date to become a “higher-priced mortgage loan” that no investor would want to purchase, lenders warned. Eliminating the MIP cancellation and requiring insurance to be kept for the life of the mortgage loan will raise the annual percentage rate 150 basis points above the average prime offer rate (APOR) index. This will trigger a higher-priced mortgage loan (HPML) designation for some ...
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Sanctions for Failure to Use New Codes, Says HUD

May 17, 2013
FHA lenders now face more stringent default monitoring and reporting requirements as federal housing regulators try to keep close tabs on loan performance to reduce losses to the FHA insurance fund. New guidance issued by the Department of Housing and Urban Development requires FHA lenders to use new status codes in their monthly reporting of delinquent single-family mortgages, special forbearances and trial payment plans. At the same time, HUD announced a new reporting requirement for FHA loan modifications in which the servicer receives no incentives. The requirement to use the new codes and to ...
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FHA Jumbo Production Picks Up in First Quarter

May 17, 2013
FHA jumbo loan originations increased in the first quarter of 2013 as well as from the same period last year pending hikes in the mortgage insurance premium and the required downpayment on loans above $625,500, according to Inside FHA Lending’s analysis of FHA data. FHA jumbo lenders produced an estimated $5.44 billion in loans over $417,000 during the first three months of the year, up 6.6 percent from the fourth quarter of 2012 and 14.0 percent higher compared to the volume from a year ago. Consumers continued to use the FHA jumbo product despite FHA’s decision to raise the annual mortgage insurance premiums on ... [2 charts]
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Escrowed Funds Helped Reduce Claims Payments

May 17, 2013
After some rough sailing, the FHA could use a bit of good news. In a recent audit, the Department of Housing and Urban Development’s Office of the Inspector General found that funds held by lenders have adequately reduced FHA’s payments of single-family mortgage insurance claims. Such funds include buydown funds remaining in escrow, unapplied assistance payments, rental income, escrow funds and others. The audit focused on the FHA’s Single Family Claims Branch and was performed in response to concerns that HUD may not have the ...
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Around the Industry

May 17, 2013
Regulation by Mortgagee Letter. The Department of Housing and Urban Development this week urged House lawmakers to grant it statutory authority to make temporary changes to the Home Equity Conversion Mortgage program through mortgagee letters while working to formalize the change through rulemaking. In a hearing before the House Financial Services Subcommittee on Housing and Insurance this week, Charles Coulter, HUD deputy assistant secretary for single-family housing, sought specific authority to limit the amount that may be drawn from ...
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