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Inside the CFPB
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Servicers to Face Increased Regulatory Scrutiny, Nationstar, Ocwen, et al. Maintaining Cash Levels

August 1, 2014
Close compliance with the mortgage servicing rules promulgated by the Consumer Financial Protection Bureau will continue to be a critical concern for servicers this year. Analysts at DBRS anticipate intensified scrutiny from the CFPB and a higher likelihood of fines and lawsuits from noncompliance and even technical errors. “DBRS believes that the issuance of the mortgage servicing rules has brought much-needed reform to the servicing industry,” the analysts said in a new report. It was...
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FHFA May Allow Principal Reduction Only Under ‘Unique’ Circumstances

August 1, 2014
Charles Wisniowski
Has the Federal Housing Finance Agency finally caved on the issue of principal reductions for GSE loans? Not really, but...
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Judge Cuts BofA ‘Hustle’ Penalty by Half to $1.27B as Bank Tries to Settle Other Charges; Issa Presses DOJ

August 1, 2014
A Manhattan federal judge on Wednesday ordered Bank of America to pay a $1.27 billion penalty over mortgage fraud related to Countrywide Financial’s “Hustle” program, a little more than half of what the government had said the bank should pay, while the bank and Department of Justice discuss a potential MBS fraud settlement. Last October, the DOJ and the Securities and Exchange Commission successfully proved in court that Fannie Mae and Freddie Mac lost some $850 million from thousands of loans acquired through Countrywide’s “high-speed swim lane” program – known as HSSL or “Hustle.” The loan program ran...
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Non-Agency MBS Investors Continue to Complain About Loan Mods Provisions in Legal Settlements

August 1, 2014
A trade group representing non-agency MBS investors continues to raise concerns about settlements that give servicers credit for completing loan modifications on mortgages in non-agency MBS. Regulators and others counter that the settlements include protections for the investors, who ultimately benefit from loan mods completed under the settlements. The latest flare-up involves $4.0 billion in loss mitigation actions required of JPMorgan Chase under a recent settlement with federal and state regulators. Last week, the settlement’s monitor credited Chase with $6.31 million in consumer relief under the settlement, with 56 percent of the relief completed on Chase’s own holdings and the remainder completed on loans serviced for others, likely mortgages in non-agency MBS. The settlement prompted...
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FHFA May Allow Principal Reduction on Fannie, Freddie Loans Under ‘Unique’ Circumstances

July 31, 2014
Despite certain “unique” circumstances under which principal might be reduced on a Fannie Mae or Freddie Mac loan, the government-sponsored enterprises’ blanket prohibition on principal reduction remains in place, according to the GSEs’ regulator. The Federal Housing Finance Agency said it remains true to its long-standing policy despite a recent change in management and in the face of continued calls by progressive groups for the FHFA to embrace the use of principal reduction on GSE-backed loans in foreclosure mitigation. “As outlined in FHFA’s 2014 Strategic Plan for the Conservatorships of Fannie Mae and Freddie Mac, FHFA is...
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Nonbanks Continue Assault on Mortgage Servicing Market, More Business Shifts to Smaller Institutions

July 31, 2014
Non-depository institutions aren’t letting a relatively stagnant mortgage servicing business stop them from continuing to build market share, according to a new Inside Mortgage Finance analysis and ranking of mortgage servicers at the midway point in 2014. Nonbanks that ranked among the top 30 servicers as of the end of the second quarter serviced an estimated $1.792 trillion of home mortgages, an increase of 12.4 percent over the past year. Depository institutions serviced considerably more – $5.142 trillion – but their aggregate portfolio was down 7.8 percent from the midway point in 2013. The shift to nonbank servicing from the first quarter was...[Includes two data charts]
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Short Sellers Have Made Big Bets Against Nationstar Mortgage and PHH Mortgage

July 31, 2014
In recent weeks, speculators have been pressing their bets that certain publicly-traded mortgage companies could be in for a world of hurt because origination volumes are likely to remain subdued this year and there is little chance of growth through servicing acquisitions. According to figures compiled by Compass Point Research & Trading and public websites, the two most-shorted mortgage stocks are Nationstar Mortgage and PHH Corp. Measured by the percentage of shares publicly available (known as “float”), Nationstar has...
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CFPB Aims to Up the Ante Substantially on HMDA Reporting, Proposed Rule Exceeds Dodd-Frank Act

July 31, 2014
Mortgage lenders face a heftier Home Mortgage Disclosure Act reporting load under a proposed rule issued by the Consumer Financial Protection Bureau that would implement a number of changes mandated by the Dodd-Frank Act – and then some. The bureau views implementation of the Dodd-Frank changes as an opportunity to improve the data collected under HMDA, ease some reporting burden and modernize how the data are collected and reported, the agency said. The CFPB proposed...
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MBA Pushing for Expansion of LO Testing to Bank Employees, Leveling Playing Field with Nonbanks

July 31, 2014
The Mortgage Bankers Association is pressing regulators and legislators for uniform national requirements for testing of loan originators. In a shift from the bank-friendly issues frequently pursued by the trade group, the MBA is calling for testing requirements that currently apply to nonbanks to be expanded to banks. “MBA believes that all consumers should know that every LO, regardless of what type of lender they work for, meets a demonstrated minimum threshold of knowledge of mortgage lending by passing a test,” the trade group said. The changes sought by the MBA would also allow...
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Ocwen Shares Get Clobbered; Nonbank Declines to Discuss the ‘Lawsky Situation’

July 31, 2014
Paul Muolo and Brandon Ivey
Ocwen watchers have wondered when – or if – New York state will ever bring any formal charges against the company.
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