A heated partisan debate broke out during a House subcommittee hearing late last week on whether multi-billion dollar settlements designed to resolve legacy MBS cases undermine Congress’ power to appropriate funds. Democrats and Republicans on the House Financial Services Subcommittee on Oversight and Investigations debated whether federal law allows banks to donate money to third-party charities to fulfill some of its settlement obligations. Ranking Minority member Al Green, D-TX, said...

The lender allegedly focused on profit and growth at the expense of loan quality and knew about the inefficiencies in 39 of its 125 branches, charges it denies.

Bank of America escaped having to pay $1.2 billion in penalties when a federal appeals court dismissed the Federal Housing Finance Agency’s allegations of fraud this week. The appeal stemmed from a 2013 verdict stating that Countrywide Home Loans, a subsidiary of BofA, was liable for damages caused by selling bad loans to Fannie Mae and Freddie Mac during the financial crisis. Whether or not a breach of contract can also support a claim for fraud was the argument and primary factor in the judge’s decision. It seems that even if a loan seller is guilty of an intentional breach of contract, it’s not considered fraud.

A recent closing survey of homebuyers, title agents, real estate attorneys and escrow agents by the American Land Title Association found that an increasing number of borrowers are reviewing their mortgage documents before they close on their new home under the integrated disclosure rule known as TRID. Among the findings, 92 percent of surveyed homebuyers are taking time to review their mortgage documents before the closing. “This compares to only 74 percent of ...

The rapid growth among nonbank mortgage servicers and its potentially adverse effect on consumer experience became a challenge in 2015, underscoring the importance of effective technology and the underlying systems that comprise a servicing platform, according to the latest state supervisory report on non-banks. The report by the Conference of State Bank Supervisors (CSBS) and the Multi-State Mortgage Committee (MMC) features the result of last year’s review of supervisory examinations and risk-assessment of nonbank mortgage servicers. The MMC is the oversight body responsible for the coordination and supervision of multi-state mortgage entities.

The Federal Housing Finance Agency Office of Inspector General reported that the compensation resulting from six months of probes into criminal and civil investigations amounted to $3.6 billion. The bulk of the monetary damages awarded, more than $3 billion, was in civil settlements, while more than $480 million was from criminal fines, restitutions, forfeitures, and settlements. There were a total of 53 indictments, five trials, 73 convictions and 75 sentencings. Laura Wertheimer, inspector general at the FHFA, said when there’s not sufficient evident to refer a case for criminal charges, the FHFA will work to bring civil claims. One of those recent civil settlements was with Morgan Stanley, which agreed to pay a $2.7 billion penalty to resolve claims related to its mortgage-backed securities.

Is it time to worry about the CFPB and TRID compliance exams? Indeed, it is...

The Golding memo signals that HUD and the IG have reached a meeting of minds on the issue.

Mortgage brokers grabbed a slightly bigger share of the originations market in the first quarter of 2016, according to a new Inside Mortgage Finance ranking and analysis. Mortgage brokers generated an estimated $38 billion of new home loans during the first quarter, a modest 2.7 percent increase from the previous period. Meanwhile, correspondent production declined by 0.8 percent to an estimated $122 billion and retail originations weakened by 2.2 percent. There appeared...[Includes four data tables]

Although mortgage delinquency rates are once again at pre-crash levels, servicing costs continue to rise, leading some factions of the industry to ask whether Fannie Mae and Freddie Mac should increase the standard 25 basis point fee they pay to their servicers. The issue of higher servicing compensation was raised by an individual lender during the audience Q&A at a panel featuring the top single-family executives of the two government-sponsored enterprises at last week’s secondary market conference sponsored by the Mortgage Bankers Association. Both noted that servicing has changed significantly since the housing crisis, and that the Federal Housing Finance Agency has directed them to review servicing compensation. Subsequent interviews conducted by Inside Mortgage Finance revealed...