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Courts Order New HSBC Trial and Dismiss BofA, U.S. Bank Suits; Lehman Wants Claims Dismissed

May 29, 2015
A federal appeals court in Chicago has set aside a $2.46 billion judgment against HSBC’s Household International unit and three of its top executives and ordered a new trial. Investors won the judgment in 2009 based on charges that the bank and its top executives misled them about its mortgage lending practices. The price of the stocks subsequently collapsed as the subprime mortgage market unraveled, causing huge investor losses. The class-action lawsuit alleged...
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Fed Economist Suggests Insurance for Structured Finance Investors as a Way to Prevent Another Collapse of Market

May 29, 2015
A new analysis by an economist at the Federal Reserve suggests that the Dodd-Frank Act’s risk-retention requirements won’t adequately address the issues that caused the structured finance market to essentially freeze in 2007. A paper by Alyssa Anderson suggests a deposit insurance-like agreement between investors and private market firms or the government would better protect investors from losses and reduce ambiguity. She stressed that increased uncertainty about securities, the potential length and depth of a downturn and possible government intervention contribute to investors shying away from securitization markets. “Given the presence of ambiguity, the market freeze can persist...
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Bumpier Roads May Be Ahead for Auto Lenders, Prime and Subprime Alike, According to S&P

May 29, 2015
Slowing growth, looser underwriting and increasing regulation are likely to tap the brakes on the joyride U.S. auto lenders have enjoyed in recent years, according to recent research from Standard & Poor’s Ratings Service. “Despite the robust performance of the auto sector in the past few years, we believe bumpier roads may lie ahead,” S&P Credit Analyst Igor Koyfman said in a recent report. “As lenders compete for market share, they have extended loan terms and increased the average financing amount, while yields have declined.” Lenders have also increased...
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Provident Funding Agrees to $9 Million Settlement for Charging Higher Broker Fees on Loans to Minorities

May 29, 2015
Paul Muolo
According to figures compiled by Inside Mortgage Finance, Provident ranks eighth nationwide among all table-funders, based on first quarter 2015 production.
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HUD Offers Changes That May Help Lenders Avoid False Claims Act Lawsuits

May 29, 2015
George Brooks
Most of the changes are in the portion earmarked for direct endorsement lenders, which often have been the target of False Claims Act lawsuits filed by the Department of Justice...
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What We’re Hearing: How Large Might Those TRID Fines Be? / A Jumbo Lender on Fire: loanDepot / Some LOs are Making $5 Million a Year? / And Now a Few (Mortgage) Words from George W. Bush / Ocwen, the ‘Trade’ of the Century? Huh?

May 29, 2015
Paul Muolo
“These are serious loan officers,” he noted. Just how serious? According to the show’s website, some of the top producing LOs in attendance earn between $500,000 and $5 million…
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Some Agreement in Congress on Portfolio QMs

May 29, 2015
A broad regulatory relief bill pushed by Sen. Richard Shelby, R-AL, passed the Senate Committee on Banking, Housing, and Urban Affairs last week on a 12-10 party-line vote. While Democrats oppose portions of the bill, they are seeking changes to standards for qualified mortgages similar to those proposed by Shelby. The Financial Regulatory Improvement Act of 2015 would establish a qualified-mortgage safe harbor for certain loans held in portfolio. The main difference between ...
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News Briefs

May 29, 2015
Servicing on four non-agency mortgage-backed securities will be transferred from Ocwen Financial to Select Portfolio Servicing, according to Moody’s Investors Service. Investors in the MBS voted to transfer servicing on the 3,490 mortgages in the deals. The Securities and Exchange Commission is investigating Ocwen and potentially other servicers regarding the use of collection agents. In a quarterly report filed last week, Ocwen said it received a letter from ... [Includes five briefs]
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FHA Proposes Clarification of DE Rules but Industry Seeks More

May 29, 2015
An FHA proposal aimed at clarifying loan-certification rules is a step in the right direction but it needs more work, according to industry observers. Lenders declined to comment on the proposed form changes but they all agree that the proposal does not go far enough. The revisions aim to make the language in Form 92900-A (HUD Addendum to Uniform Residential Loan Application) clearer for both borrower and lender. Applicants for an FHA or a VA loan sign the addendum to certify to the government that the information provided by the borrower on the mortgage loan application is correct. By signing the addendum, the borrower certifies that he or she will make payments on the home loan or become indebted to the federal government upon failure to repay the loan. For lenders, signing the form certifies that the loan application meets all of FHA’s insurance requirements. This is where lenders often ...
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Streamline Refis Power VA-Backed MBS, FHA Up in Most States

May 29, 2015
Security issuances backed by VA loans totaled $35.5 billion in the first quarter of 2015, with VA streamline refinance loans accounting for 57.7 percent, according to an Inside FHA/VA Lending analysis of Ginnie Mae data. Approximately $20.5 billion in VA interest rate reduction refinancing loans were securitized during the first three months as borrowers took advantage of lower interest rates.“For the last three to four months, rates have been bottoming out again, and if rates are lower it makes sense to refinance,” said Jon Shrum, vice president of Commerce Home Mortgage, a VA-certified lender in Huntington Beach, CA. An estimated $14.5 billion in VA purchase mortgages also were securitized during period. VA loans comprised 13.1 percent of all loans in Fannie Mae, Freddie Mac and Ginnie Mae mortgage-backed securities. California, Virginia, Texas, Florida and Washington, ... [2 charts]
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