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Inside the CFPB
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FHFA Shutters GSE Foreclosure Attorney Networks

October 28, 2011
Under fire by its official watchdog, as well as by a senior House Democrat, the Federal Housing Finance Agency last week announced it has directed Fannie Mae and Freddie Mac to transition away from the GSEs’ current foreclosure attorney network programs. FHFA’s directive – which it says is in synch with the Finance Agency’s Servicing Alignment Initiative to produce uniform foreclosure processing standards – will move toward a system where mortgage servicers select qualified law firms that meet certain minimum, uniform criteria. Under current practice in certain states, each GSE designates law firms eligible to undertake foreclosure work, and mortgage servicers then select and work with these firms, according to the FHFA.
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Can 203k Help Move REO Inventory?

October 28, 2011
A niche FHA mortgage insurance program could become a significant tool to help address the massive inventory of real estate owned, and soon-to-be REO, that continues to weigh on the housing market, some industry observers say. The FHA 203k program was designed to help borrowers who want to purchase a “fixer-upper” home. Started back in 1978, the program insures long-term loans that include both the purchase and rehabilitation of the property. But in 1996, the Department of Housing and Urban Development put a moratorium on issuing 203k loans to private investor-owners, citing instances of fraud and abuse and the inability to...
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FHFA Rolls Out HARP 2.0 to Spur Underwater Refis, But Operational Details Not Yet Revealed

October 27, 2011
The Federal Housing Finance Agency this week announced a series of substantial and eagerly anticipated changes to the Home Affordable Refinance Program for borrowers with underwater Fannie Mae and Freddie Mac mortgages. Among the new HARP enhancements is the elimination of certain risk-based fees for borrowers who refinance into shorter-term mortgages and lower fees for other borrowers. Also removed is the current 125 percent loan-to-value ceiling for fixed rate mortgages backed by the government-sponsored enterprises. Furthermore, HARP 2.0 waives “certain” representation and warranties made by...
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Mortgage Industry Tries to Grasp Role of Principal Reduction in Foreclosure Servicing Settlement

October 27, 2011
Although Obama administration officials said this week that principal reduction would play a large role in the multistate foreclosure settlement under negotiation, sources suggest that sorting out potential writedowns will be complex and that the settlement will focus on other issues. During a press conference on the revamped Home Affordable Refinance Program this week, Housing and Urban Development Secretary Shaun Donovan said principal reductions would be a big part of a settlement that was rumored to be close to completion. “The settlement negotiation is also going to be focused on significantly accelerating the...
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Lenders Brace Themselves as Probes Begin Over Accusations Related to VA Refinance Fees

October 27, 2011
U.S. Attorney General Eric Holder has been called upon to take the lead in investigating allegations that a number of the largest mortgage lenders in the country may have systematically charged illegal fees to military veterans who refinanced their homes. Sen. Jon Tester, D-MT, a member of the Senate Committee on Veterans’ Affairs, sent a letter to Holder recently requesting he get involved in a probe to determine the veracity of the accusations. Earlier this month, a complaint was unsealed in federal court in which two whistleblower types accused the lenders of charging refinance fees that are...
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PMI Mortgage Insurance Seized by Arizona Regulators; Will Pay 50 Percent of Claims and Ponder Restructure

October 27, 2011
Private mortgage insurer PMI Group Inc. is assessing its options, including a possible restructuring, after state regulators seized its main unit, PMI Mortgage Insurance Co., last week. Headquartered in Walnut Creek, CA, but incorporated in Arizona, the company was seized by Christina Urias, director of the Arizona Department of Insurance, two months after it was placed under regulatory supervision following a recent “rapid increase in losses that has adversely affected its solvency and that of its affiliates.” On its website, PMI Group informed its clients that Urias has obtained an order “directing full and exclusive...
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White House Taps Multifamily Veteran To Lead FHA Program Still in Transition

October 27, 2011
President Obama nominated Carol Galante to become the next Commissioner of the FHA, an agency that continues to adjust to a bigger role in the mortgage market. Galante has served as deputy assistant secretary for multifamily housing at the Department of Housing and Urban Development since 2009 and has filled in as acting FHA commissioner since the departure of David Stevens. She worked for nearly a quarter of a century at BRIDGE Housing, a company that specializes in affordable housing development. Galante definitely has the management and leadership experience for the post, said Brian Chappelle, co-founder of Potomac Partners LLC. “If...
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SCOTUS RESPA Case Likely Key for Lenders

October 24, 2011
The Supreme Court of the United States will settle a multi-district circuit court conflict that will likely determine the ability of the mortgage lending industry to determine on its own what to charge borrowers at the point of origination. In deciding earlier this month to accept Freeman v. Quicken Loans Inc., the high court will confront the question of whether a plaintiff must demonstrate an unearned fee for a real estate settlement service was divided between two or more persons in order to establish that a violation of Section 8(b) of the Real Estate Settlement Procedures Act occurred.
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CFPB Issues Mortgage Servicing Exam Manual

October 24, 2011
The Consumer Financial Protection Bureau has issued the first iteration of its supervision and examination manual, along with its examination procedures for mortgage servicing, in part so that financial services providers know what to expect during their examinations. The first section of the manual describes the CFPB’s compliance supervision and examination process. The second part outlines the bureau's examination procedures, including both general instructions and procedures for determining compliance with specific regulations. The final section provides templates for reporting risk assessments, examination results and supervision plans.
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House Veterans’ Panel Probing Allegations of Refi Fee Abuse

October 24, 2011
Rep. Jeff Miller, R-FL, chairman of the House Veterans’ Affairs Committee, reportedly has instructed his staff to start looking into allegations that a number of mortgage lending institutions charged illegal fees to veterans who refinanced their homes. Committee staff members reportedly met with Department of Veterans Affairs officials to discuss the allegations, which were made public earlier this month by a federal court in Atlanta. “I will reserve judgment on the appropriate next course of action, to include the potential for a full Committee hearing, after having the opportunity to review the results of the staff investigation,” Miller said in a letter to Rep. Bruce Braley of Iowa, the ranking Democrat on the committee’s subcommittee on economic opportunity.
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