CFPB Sends Questionnaire to Debt Collection Entities. The CFPB recently sent a questionnaire to a variety of debt collection firms, creditors and service providers in an effort to help the bureau “better understand operational costs and other factors associated with debt collection.” Noting that participation is voluntary, the consumer regulator said industry responses “will inform the bureau’s analysis of the costs and benefits of potential new rules related to debt collection.” The questionnaire asks about basic activities and operational costs of collecting debt, including, for example, questions about vendors used for activities such as dialers or print mailings, maintaining data about consumer accounts, and furnishing information to credit bureaus. “After we have received the questionnaire responses, we plan to reach ...
Wall Street giant Goldman Sachs this week announced it has set aside $1.45 billion for legal expenses for the second quarter of 2015, bringing its total anticipated legal costs so far to $5.9 billion to settle Department of Justice claims stemming from the sale of vintage non-agency MBS. A good chunk of that figure – $270 million – is expected to be tapped to resolve residential MBS litigation brought by pension funds led by NECA-IBEW Health & Welfare Fund of Illinois ...
The Department of Veterans Affairs Home Loan Guaranty program has announced new maximum attorney fees for all loan terminations completed on or after Aug. 31, 2015. In this regard, the VA has published in the July 31 Federal Register an updated table of the cost of legal services for terminating VA loans in judicial and non-judicial jurisdictions. The amounts of legal fees in the table are deemed “reasonable and customary” by VA for all states, based on an annual agency review of such fees allowed by other government-related home loan programs. Issued by VA, Fannie Mae and Freddie Mac, the list of fees cover the cost of terminating a single-family home loan, including foreclosure, deed-in-lieu of foreclosure and bankruptcy-related services. Based on increases announced over the past year by the VA and the government-sponsored enterprises, the VA has deemed it necessary to publish a ...
M&T Bank is in talks with the federal government to resolve an investigation of a pre-crisis sale of FHA-insured and conforming mortgages to Fannie Mae and Freddie Mac that resulted in losses for the government-sponsored enterprises. The New York-based bank disclosed the settlement discussion in a second-quarter filing with the Securities and Exchange Commission and is cooperating with the investigation. The Department of Justice and the Department of Housing and Urban Development’s Inspector General are investigating whether M&T Bank complied with FHA’s underwriting guidelines as well as with guidelines for selling loans to Fannie and Freddie. It is unclear how much the FHA paid out in loss claims in this case but investigators said that, based upon their review of a sample of FHA loans for which a claim was paid, “some of the loans do not meet underwriting guidelines.” M&T Bank could be ...
A growing number of issuers are engaging in servicing transfers prematurely or making changes to their servicing platforms, causing problems for Ginnie Mae’s monthly pool-level and loan-level reporting. A Ginnie Mae issuer “transfers servicing” when it shifts in-house servicing to a subservicer, moves servicing from one subservicer to another, or relocates servicing in-house. Effective servicing as well as accurate and timely reporting are critical to Ginnie’s mortgage-backed securities program, the company said in recently issued guidance on servicing transfers. The new policy guidance would ensure that issuers have the capacity and oversight controls at all times to meet their obligations under the Ginnie Mae MBS program. Currently, issuers are required to obtain Ginnie’s approval before engaging in any servicing transfer with a subservicer or from one subservicer to another. Effective immediately, any issuer that wishes to ...
A California federal district court’s recent decision to reject fair housing claims related to FHA loans brought by the City of Los Angeles against Wells Fargo relied heavily on the U.S. Supreme Court’s recent decision on disparate impact, according to legal experts. Specifically, the U.S. District Court for the Central District of California granted summary judgment for Wells Fargo in a Fair Housing Act case brought by the City of L.A. The suit alleged that the bank’s mortgage lending practices had a disparate impact on minority borrowers, which resulted in a disparate number of foreclosures in minority areas. Wells Fargo was accused of reverse redlining since at least 2004 by imposing different terms or conditions on minority borrowers. The suit further alleged that Wells Fargo originated eight types of “predatory” home loans targeted to minorities. These loans include “high-cost” loans, subprime loans, interest-only loans, ...
Starting in June 2016, FHA lenders will find delivering origination appraisals will be faster when the agency’s Electronic Appraisal Delivery (EAD) portal becomes fully operational. The FHA will soon begin registration of EAD portal users so that lenders can select their implementation schedule. By using the portal, FHA lenders will find it less cumbersome to do business with the FHA, minimize appraisal errors and reduce post-endorsement corrections of appraisals, the agency said. The EAD portal is a web-based platform that will allow FHA lenders and their third-party service providers to transmit single-family appraisal data and deliver appraisal reports prior to endorsement of a loan for mortgage insurance. Delivery of appraisals via the EAD portal becomes mandatory for all case numbers assigned on or after June 27, 2016. Lenders may use the phase-in implementation period to familiarize themselves and train in the ...
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