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Inside the CFPB
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A $470 Million Settlement for HSBC; Bank Continues to Pay for the Sins of Household Finance

February 8, 2016
Brandon Ivey
During the subprime boom, HSBC owned Household Finance, a once-top ranked subprime lender and servicer that was later cited for lending and servicing violations.
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Morgan Stanley Settles RMBS Claims With FDIC, Claims Against Deutsche Bank Given Green Light

February 5, 2016
Legacy RMBS-related legal action continued this week in both Washington, DC, and in New York City as the fallout from the financial crisis continues. In the nation’s capital, Morgan Stanley agreed to a second settlement with the Federal Deposit Insurance Corp., this time for $62.95 million, to resolve RMBS-related claims stemming from the failure of three financial institutions in the wake of the collapse of the mortgage market. The institutions are...
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How Many Seller-Servicers Will Actually Use the GSEs’ New ‘Loser-Pay’ Dispute Resolution Process?

February 5, 2016
John Bancroft and Carisa Chappell
Colonial National Mortgage was a beta site for the IDR and Allen Maulsby, executive vice president of the bank, said the IDR process is very “legalistic…”
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Monday Morning Quarterbacking: If Only the Industry Had Used Sensible Underwriting Standards, Think of the Loan Volume…

February 5, 2016
Brandon Ivey
Laurie Goodman, director of the HFPC, said lenders have “plenty of room to safely ease credit.”
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Agency MBS Issuance Down Slightly in January Despite Increase in Purchase-Mortgage Activity

February 5, 2016
Fannie Mae, Freddie Mac and Ginnie Mae produced a combined $88.96 billion of single-family MBS in January, a modest 1.4 percent decline from December, according to a new ranking and analysis by Inside MBS & ABS. Ginnie production was actually up 7.2 percent from the previous month, while both the government-sponsored enterprises posted declines in new issuance. January’s agency MBS production included...[Includes two data tables]
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Originators/Sellers Win Big in U.S. Appeals Court, Judges Agree Claims Accrue When a Loan Is Sold

February 5, 2016
A federal appeals court in Denver unanimously affirmed a lower court ruling that a claim of damage related to an originator/seller’s misrepresentation accrues when the loan is sold. Ruling in six cases involving plaintiffs Lehman Brothers Holdings and Aurora Commercial Corp. versus Universal American Mortgage Co. and Standard Pacific Mortgage, the Tenth Circuit Court of Appeals rejected plaintiffs’ contentions that their claims were really “indemnification” claims that did not accrue until they bought the loans from Fannie Mae and Freddie Mac. The overarching issue in this complicated case is...
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What We’re Hearing: CFPB Tries to Clear the Air on Construction Loans / A Friendly Holiday Letter From Richard? / CMC Supports the FR Move / A Tech Firm Enters the Mortgage Space / $1 Billion a Month in MSR Purchases

February 5, 2016
Paul Muolo
Paul Hindman, a consultant at Grid Financial Services, had this to stay about the deal: “The more important question is what other mortgage-related companies are on Computershare’s shopping list….”
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Fairholme Pushes for Government to Release Documents

February 5, 2016
The case of Fairholme Fund v. The United States will continue to linger in the courts as the battle for getting the government to release the bulk of the documents pertaining to the preferred stock purchase agreements between the Federal Housing Finance Agency and the Treasury plays out with a motion filed this week. “We are now in a struggle with the defendants, both the Department of Treasury and FHFA, over claims of the deliberative process privilege they sought to keep from having to produce thousands and thousands of documents, even in redacted form,” Charles Cooper, attorney with Cooper & Kirk, the law firm representing the shareholder plaintiffs, told Inside The GSEs.
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Court Rules Bankruptcy Attempt to Lessen Fannie Payments Unjust

February 5, 2016
Fannie Mae won an appeal in which an apartment building that filed for bankruptcy to reduce payments it owed to Fannie did not act in good faith. According to a recent court ruling, the judge reversed the decision and said the bankruptcy court erred in allowing the plan in the first place. After missing one monthly payment of approximately $55,000 in December 2009, four months later the Memphis-based apartment company filed for bankruptcy under Chapter 11. The bankruptcy prevented Fannie from being able to foreclose on the apartment building. The apartment, Village Green, argued against the ruling, but the...
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Mortgage Shopping Firm Loses Patent Lawsuit

February 5, 2016
A U.S. Court of Appeals for the Federal Circuit recently upheld rulings that went against Mortgage Grader, a loan shopping website that has filed a number of patent-related lawsuits. The court upheld a ruling by a lower court that found that Mortgage Grader’s claims related to the “abstract idea” of anonymous loan shopping and that the patents obtained by the firm didn’t include an “inventive concept.” Mortgage Grader filed a lawsuit in January 2013 against Costco Wholesale and ...
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