The Federal Deposit Insurance Corp. late last week filed separate lawsuits against a number of companies that issued or underwrote non-agency MBS purchased by Citizens National Bank and Strategic Capital Bank, two Illinois banks that failed in May 2009. The two banks purchased some $140.5 million of non-agency MBS issued by Bear Stearns, Citicorp, Credit Suisse and Merrill Lynch. The lawsuits also name JPMorgan Securities, Citigroup, Credit Suisse, Deutsche Bank, Ally Securities, HSBC Securities, RBS Securities and UBS Securities as underwriters of these transactions. The FDIC is seeking $77.0...

Uncertainty lingers in the wake of last week’s announced $8.7 billion settlement between non-agency MBS investors and Ally Financial’s subsidiary Residential Capital as the details and implications of the deal resonate throughout the market. The agreement with 17 residential MBS investors was struck in a photo finish shortly before ResCap’s bankruptcy filing, and it represents the second major settlement between non-agency MBS investors and the sponsors of non-agency securitizations. Bank of America’s controversial $8.5 billion proposed settlement with investors that purchased Countrywide non-agency MBS...

Wall Street is trying to cope with the considerable ambiguity that officials see in emerging rules on conflicts of interest in securitization and a potentially troublesome federal program that changes how issuers arrange credit ratings for their deals. The conflict-of-interest rule was included in the Dodd-Frank Act as an attempt to prevent participants in the securitization process from structuring deals that allow them to profit at the expense of investors. “When this rule first came out, it was not bad; you could probably live with this in most cases,” said Kenneth Morrison, a...

The Residential Mortgage-Backed Securities Working Group announced a new website this week for whistleblowers to submit tips regarding potential fraud involving non-agency mortgage-backed securities. “There are scores of people who worked in the residential MBS market who acted responsibly but who also may have witnessed greed and misconduct that crossed the legal line and created havoc for investors, homeowners and our economy,” said Acting Associate Attorney General Tony West. “We want to hear from them ... [Includes seven briefs]

The Department of Housing and Urban Development has expressed concern over the “lack of alignment” between FHA’s credit underwriting standards and credit overlays – a probable explanation for the apparent increase in FHA lending to non-traditional FHA borrowers. Responding to an Inside FHA Lending inquiry, FHA Deputy Assistant Secretary Charles Coulter said HUD will look at lenders’ compare ratio as a potential driver for overlays and will work to improve clarity in FHA manual underwriting. In recent remarks at the Mortgage Bankers Association’s National Secondary Market Conference in New York, Coulter said ...

Real estate industry groups are urging the FHA to align a forthcoming proposed rule for private transfer fees with a final rule recently adopted by the Federal Housing Finance Agency. In a joint letter to Acting FHA Commissioner Carol Galante, the National Association of Realtors and the Institute of Real Estate Management expressed support for the FHFA rule on transfer-fee covenants and asked that a mortgagee’s compliance with the FHFA rule be deemed as compliance with the FHA’s own rule regarding such covenants. The two groups urged the FHA to ...

FHA-approved reverse mortgage lenders conducting any new financial assessments of elderly borrowers should not be overly restrictive to ensure that the Home Equity Conversion Mortgage program remains a viable option for cash-poor seniors, according to the National Council on Aging. The NCA, an advocacy group for elderly Americans, noted that lender assessments of borrowers’ ability to repay a HECM loan may be tough seniors with modest income who could not qualify for a conventional home loan would be left with fewer alternatives to tap home equity. The FHA does not have specific income requirements for HECM borrowers. However, policymakers are ...

The Department of Housing and Urban Development has paid a total of $962,600 in incentive payments to servicers that used special forbearance for unemployed homeowners since changes to FHA forbearance rules were announced in July last year. The payments covered 6,116 claims filed with HUD under the FHA’s revised special forbearance program from July 2011 through March 2012. The program helps unemployed FHA borrowers stay in their homes while seeking reemployment. Changes to the program require servicers to extend the forbearance period for qualified FHA borrowers from the minimum four months to 12 months. In addition, upfront hurdles were ...

The Department of Housing and Urban Development is evaluating potential changes to its tough condominium requirements, some of which could be announced soon. A department spokesperson declined to comment on specific requirements that may be included in new guidelines but said the agency is working to respond to industry concerns. Industry observers say the rules, which HUD put in place in 2009, have left many condominium units ineligible for FHA-insured financing. Condominium association boards have been ...

Effective June 2012, Ginnie Mae will provide monthly disclosures about accumulated multiple issuer pool (MIP) activity in terms of dollar amount and number of loans as well as by pool term, pool type and security interest. The information provided will apply to issuances for the current month. The disclosure will provide issuers and investors additional insight into the multiple issuer pools in process. However, the information can change any time until the completion of the MIP process at the end of the month, Ginnie Mae cautioned. A final list will be ...