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An Unusual Scheme: FMC Bought Performing Loans Out of Ginnie MBS but Said They Were Delinquent

June 3, 2016
Thomas Ressler
FMC bought these current loans out of Ginnie pools at lower prices applicable to delinquent loans, the SEC said. But in reality, the mortgages were really current…
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TRID Loans, Risk Retention a Focus On New Jumbo MBS From Redwood

June 3, 2016
A new jumbo MBS from Redwood Trust will mark the second non-agency MBS to include mortgages subject to the TRID mortgage disclosure rule. The real estate investment trust plans to issue a $344.89 million deal next week, according to a presale report from Kroll Bond Rating Agency. The rating service said 366 mortgages, accounting for 74.8 percent of the loan pool, are subject to the combined Truth in Lending Act/Real Estate Settlement Procedures Act rule. Redwood will issue...
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Mortgage Company, Execs Settle With SEC Over Allegations of Defrauding Investors in Ginnie MBS

June 3, 2016
First Mortgage Corp., a privately-held mortgage company based in Ontario, CA, and six executives have agreed to pay the Securities and Exchange Commission $12.7 million to resolve charges they concocted a scheme to defraud investors in Ginnie Mae MBS, the SEC announced this week. According to the SEC’s complaint, from March 2011 through March 2015, FMC repurchased current loans from Ginnie pools that it claimed were delinquent. FMC bought...
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Trustee Plans $420 Million MBS Suit Versus BAML, FDIC Settles Countrywide MBS Charges With Eight

June 3, 2016
HSBC Bank has filed a summons with notice in the New York State Supreme Court on Bank of America and Merrill Lynch to appear and face charges alleging complicity in the origination and sale of toxic mortgage loans that led to millions of dollars in losses to investors. Filed last week, the summons alleges that BofA, Merrill Lynch and Countrywide Home Loans were aware of the defects in approximately 1,359 residential mortgage loans that were securitized and sold to investors in 2007. The loans had an aggregate principal balance of $564.8 million. According to filing documents, Merrill Lynch purchased...
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What We’re Hearing: Director Watt, Don’t Let the GSEs Build a Capital Buffer? / What? / Ocwen Cuts U.S. Workforce, Stock Soars / Flagstar in the Hunt for a Retail Lender / Meg Burns, Consumer

June 3, 2016
Paul Muolo
The letter is meant to counteract correspondence sent earlier in the week to Watt from 10 trade organizations and community groups that want the GSEs to build capital...
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Redwood Prepares to End Drought of New Jumbo MBS in Deal Backed by TRID Loans

June 3, 2016
Redwood Trust is preparing to issue a $344.89 million jumbo mortgage-backed security next week, according to a presale report from Kroll Bond Rating Agency. Most of the mortgages in the planned deal are subject to the TRID mortgage disclosure rule. The combined Truth in Lending Act/Real Estate Settlement Procedures Act rule from the Consumer Financial Protection Bureau took effect in early October. Since then, only one jumbo MBS has included TRID loans ...
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FHA Refutes IG Position on HFAs Offering Downpayment Assistance

June 3, 2016
FHA lenders are breathing a sigh of relief in the wake of a legal opinion from the Department of Housing and Urban Development which effectively invalidates the Inspector General’s position on FHA loans with downpayment assistance provided by state and local housing finance agencies. HUD Deputy Secretary/FHA Commissioner Edward Golding’s recent memorandum left no doubt as to the eligibility of loans partially financed through HFAs’ downpayment assistance programs for FHA insurance. The memo also refuted the IG’s views on downpayment assistance involving “premium pricing” and rejected the severe financial penalties the IG had recommended against the lender. The dispute arose from a 2015 IG audit of NOVA Financial & Investment Corp. The audit report concluded that gift funds obtained through an HFA downpayment assistance program and used to help pay for ...
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Maryland VA Lender Plans Growth Around Larger Purchase Platform

June 3, 2016
New Day USA, an exclusive VA lender, is building up its purchase mortgage-lending platform to help grow its VA business by the end of 2018, according to the firm’s top financial adviser.Based in Fulton, MD, New Day is developing its purchase-lending capability to help grow its overall VA business by 20 to 25 percent annually, said Joseph Murin, New Day’s chairman emeritus. “We’re growing slowly,” he said. “We’d rather walk before we run.” An approved VA lender, New Day’s focus has been almost entirely on cash-out refinancing. New Day currently ranks 21st among Ginnie Mae VA sellers for the first quarter of 2016, according to Inside FHA/VA Lending’s database. The company closed the first quarter with $463.1 million in VA loans, up 22.8 percent from 4Q15 and up a whopping 87.6 percent on a year-over-year basis. “We are spending a lot of time developing and understanding the ...
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MRB Metes Severe Penalties to 14 Lenders; 48 Others Fail to Recertify

June 3, 2016
Eleven lenders paid a total of $152.1 million in civil penalties and settlements while three others lost their FHA approval for various violations of FHA requirements, according to the Mortgagee Review Board’s latest report on administrative actions taken against FHA-approved lenders. As required by the Department of Housing and Urban Development, the report summarizes the disciplinary actions imposed by the board on FHA lenders from Oct. 1, 2014, to Sept. 30, 2015. These actions include $151.7 million in settlements and $370,119 in civil money penalties, withdrawals of FHA approval, suspensions, probations and reprimands. Allied First Bank of Oswego, IL, agreed to pay a $17,000 civil money penalty for improper use of FHA’s name in certain correspondence and for failure to notify HUD of a consent order entered into by the bank and federal and state banking regulators. The MRB voted to ...
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Firm Allegedly Scammed GNMA, Executives to Pay $12.7 M to SEC

June 3, 2016
A California-based mortgage lender and six senior executives have agreed to pay $12.7 million to the Securities and Exchange Commission to resolve allegations they schemed to defraud investors in the sale of residential mortgage-backed securities with a Ginnie Mae guarantee. The SEC complaint alleged that, from March 2011 to March 2015, Ginnie Mae issuer First Mortgage Corp. and its top executives pulled current performing loans out of Ginnie Mae MBS. The issuer falsely claimed that the loans were delinquent so that it could recycle them as newly issued MBS and sell them at a profit. FMC allegedly issued Ginnie Mae MBS prospectuses with false and misleading information by using a Ginnie Mae rule that allowed issuers to repurchase seriously delinquent loans. In addition, the SEC complaint alleged that FMC deliberately delayed depositing checks from borrowers who had been behind on ...
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