Nonbank venture capital funds that see opportunity in the expected pullback of banks from the $10 trillion mortgage servicing rights sector likely will not dodge the growing regulatory compliance burden that has become one motivation for banks to pull out of the business. Nationstar Mortgage Holdings, a unit of Fortress Investment Group that was taken public in March, is on pace to become the largest nonbank servicer in the industry if it succeeds in buying the mortgage servicing portfolio of GMAC Mortgage and Residential Capital. Nationstar CEO Jay Bray recently went on record saying he expects...

Last week’s launch of the RMBS Working Group’s website demonstrated that government investigators see Wall Street insiders as a valuable source of information to detect and prove fraud and other misconduct in the packaging of mortgage securities. “Fraud can be hard to uncover without help from whistleblowers who were corporate insiders,” the task force said on the website. Whistleblowers can get rewards of up to 30 percent of the government’s monetary recovery based on the specific information, as well as protection from retaliation. The inclusion of a whistleblower provision in the Dodd-Frank Act has...

The Securities and Exchange Commission’s no-action letter that cleared the way for the Royal Bank of Scotland to register public offerings of covered bonds is likely to fuel demand for U.S. dollar-denominated covered bonds, according to Fitch Ratings. The SEC letter paves the way for issuers to offer covered bonds to a wider range of investors than previous bonds issued under the restrictive Rule 144A of the Securities Act of 1993, said Fitch analyst Vanessa Purwin. The rule provides a safe harbor from registration requirements for certain securities that are resold privately to qualified large...

Alabama. The state recently enacted Senate Bill 347, which sets the procedures a borrower is to use to obtain a payoff statement for a residential mortgage, including the form of such a request and deadlines for responding to a request, as well as the method for providing the statement. Senate Bill 347 also mandates that a secured creditor has to record a mortgage satisfaction within 30 days after receipt of full payment and performance of the obligation. The bill also creates a process for enforcing the recording requirement. The bill’s provisions are effective...

Federal Reserve Board. Fed Pushing Independent Foreclosure Review. The Federal Reserve last week released a new video on its website and on YouTube that explains to borrowers facing foreclosure how they can apply for a free, independent foreclosure file review. The video, available in English and Spanish, reminds borrowers that they may be eligible to receive compensation if the independent review finds evidence of direct financial injury due to servicer error. Borrowers are eligible for a review if their primary residence was...

The Federal Housing Finance Agency’s seasonally adjusted purchase-only house price index rose 0.6 percent in the first quarter of 2012. Seasonally adjusted house prices were up 0.5 percent year over year for the period, the first such increase seen since 2007.The U.S. housing market is looking better, with April's housing starts near the highest levels in over three years and showing signs of growth, according to economists at BMO Harris Bank in Chicago. “After bottoming in 2009, the U.S. housing sector has had little to no substantial growth; however, today’s housing...

The Supreme Court of the United States last week sided with Quicken Loans while unanimously rejecting the legal arguments of two federal agencies in affirming a lower court’s determination that a plaintiff must prove a settlement fee was split by two or more persons in order to successfully stake a claim under the Real Estate Settlement Procedures Act. The relevant portion of RESPA at issue in Freeman et al. v. Quicken Loans Inc. is the provision that “[n]o person shall give and no person shall accept any portion, split, or percentage of any charge made or received for the rendering of a...

The Consumer Financial Protection Bureau has proposed procedures it plans to use in exercising its supervisory and enforcement authority over how nonbank consumer financial service companies (like mortgage lenders and mortgage servicers) control their third-party vendors, such as subservicers, foreclosure trustees and law firms, and force-placed insurers. It’s all about controlling the potential risk to consumers. Under the Dodd-Frank Wall Street Reform and Consumer Protection Act, the CFPB has authority to supervise any nonbank that it has “reasonable cause” to determine is posing a risk...

In Hogan v. Washington Mutual Bank, N.A. et al, the Arizona high court has dismissed the ‘show me the note’ claim in foreclosure litigation, throwing out a legal argument often used to block an impending foreclosure. “We granted review to decide whether a trustee may foreclose on a deed of trust without the beneficiary first having to show ownership of the note that the deed secures,” explained Arizona Supreme Court Chief Justice Rebecca White Berch. “We hold that Arizona’s non-judicial foreclosure statutes do not require the beneficiary to prove its authority or...

Last week, the Federal Reserve Board put out action plans for Citigroup and HSBC Finance Corp. to correct deficiencies in their residential mortgage loan servicing and foreclosure processing. These enforcement actions require the mortgage servicing subsidiaries to provide appropriate remediation to borrowers who suffered financial injury as a result of errors by the servicers. The Fed also released the engagement letter between Ally Financial Inc. and its independent consultant to review foreclosures that were in the firm’s pipeline in 2009 and 2010...