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Mortgage Stocks Show Signs of a Recovery as the ‘Trump Rally’ Continues. But Some of These Names May Disappear

December 8, 2016
Despite higher interest rates, publicly traded mortgage stocks have been rising since the election, but market watchers are cautious that recent gains could evaporate quickly. “Two things are going on here,” said Henry Coffey, an equities analyst at Wedbush Securities. “We’ve had a massive market rally, especially in financial stocks. But the general consensus is that the new administration is going to be less punitive than the current one.” Coffey added...[Includes one data table]
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Trump Has Vowed to Clamp Down on Regulations, But He Faces Limited Unilateral Powers, Long Odds

December 8, 2016
During his successful campaign for the White House, then-candidate Donald Trump won applause and support from the business community for his promise to substantially cut back on federal regulations. Many in the mortgage lending community had hopes the plan would include some relief from the mortgage regulations issued by the Consumer Financial Protection Bureau. Among other things, Trump said he would issue a temporary moratorium on “new agency regulations that are not compelled by Congress or public safety [and] cancel immediately all illegal and overreaching executive orders.” Richard Horn, who worked on the CFPB’s integrated-disclosure rulemaking known as TRID, said...
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Fair Housing Advocates Sue Fannie Mae for Alleged Discrimination in Foreclosure Maintenance Practices

December 8, 2016
Fannie Mae has not treated its foreclosed properties in African-American and Latino communities the same as those in predominately white neighborhoods, according to a federal lawsuit filed this week by the National Fair Housing Alliance. The NFHA, along with 20 fair housing and civil rights groups, said its investigation found signs of racial discrimination when it comes to the upkeep and marketing of Fannie’s real estate-owned properties in 38 metropolitan areas across the country. These properties in minority neighborhoods were blighted...
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PHH, U.S. Solicitor General Due to Respond to Appeals Ruling in Long-Running Case With CFPB

December 8, 2016
The DC Circuit Court of Appeals recently ordered PHH Corp. to respond to the Consumer Financial Protection Bureau’s petition for an en banc rehearing in the long-running dispute over alleged violations of the Real Estate Settlement Procedures Act. The lender’s response is due late this week. The court has also invited the U.S. solicitor general to weigh in on the constitutional and RESPA questions associated with the case. No timetable was suggested. However, industry legal observers expect the USSG to respond promptly, given the pending change of presidential administrations, and to support the bureau’s positions. Attorneys at the BuckleySandler law firm noted...
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Washington State Close to Setting the First State- Specific Capital Standard for Nonbank Servicers

December 8, 2016
Washington state is on track to become the first state to set capital requirements for nonbank mortgage servicers. A proposed rule has been met with resistance from the Mortgage Bankers Association, with the trade group calling on the state to halt the process and wait for pending national standards from the Conference of State Bank Supervisors. In September, Washington’s Department of Financial Institutions proposed capital requirements for nonbank servicers licensed in the state. Under the proposal, servicers would have to meet capital requirements set by the government-sponsored enterprises or a government entity. For servicers that solely handle non-agency mortgages, the Washington DFI proposed...
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Jury Finds Allied Home Mortgage and CEO Liable for FCA, FIRREA Violations, Awards $93 Million in Damages

December 8, 2016
A Texas jury awarded the federal government $93 million in damages after finding entities under the Allied Home Mortgage brand liable for running an illegal net branching scheme and falsely certifying thousands of FHA loans, eventually causing huge losses for the FHA. The case was the first False Claims Act award related to FHA activity made by a jury. Although nearly all lenders have ended up settling FCA cases, Quicken Loans is still actively fighting FCA charges in a jury proceeding. The Department of Housing and Urban Development claims...
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CFPB Issues New Exam Procedures for Reverse Mortgage Servicing

December 7, 2016
George Brooks
CFPB examiners will review a sample of servicing records for loans transferred within the previous year…
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Short Takes: Post-Crisis Non-Agency MBS Gets AAA Rating / Refi Specialists Might as Well Call it a Day? / An IPO for Invitation Homes / Ben Carson in a Museum / FICO Readings on FHA and VA

December 7, 2016
George Brooks, Brandon Ivey, and Paul Muolo
Refi specialists could be in for a word of hurt...
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Short Takes: Bulk Servicing Auctions? / Rates May Fall / Congrats to Dr. Carson on Landing the HUD Job, Though Not From All / The Listener? / Ocwen Debt Exchange

December 6, 2016
Paul Muolo
The bulk servicing market has been quiet lately. But all that could change soon...
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Fair Housing Group Alleges Racial Bias in Fannie Foreclosure Upkeep

December 6, 2016
Carisa Chappell
Fannie Mae added: “Through these actions we have demonstrated our continued dedication to providing quality care to all communities. And we remain firmly committed to continuing to provide such attention to our REO properties moving forward.”
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