Officials at Nationstar Mortgage, Ocwen Financial and Walter Investment Management all stressed this week that their servicing efforts align with what regulators want as well as with the interests of investors in non-agency mortgage-backed securities. The servicers also suggest that while new scrutiny on their practices could extend the amount of time it takes to complete servicing transfers, there is still plenty of business to be done. William Erbey, Ocwen's chairman, said he agreed with ...
The Civil Division of the U.S. Attorney's Office for the Eastern District of New York is investigating Bank of America's compliance with the requirements of the FHA's Lender Direct Endorsement program. BofA disclosed the investigation in its recent filing with the Securities and Exchange Commission but withheld details. Department of Justice investigations of FHA-related fraud are based typically upon an alleged violation of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) and/or the False Claims Act (FCA). Civil monetary penalties under FIRREA could go as high as $1.1 million per violation while treble damages are potentially available for FCA claims. Both laws have a 10-year statute of limitation. As a direct endorsement lender, BofA is authorized to originate, underwrite and certify loans for mortgage insurance without further reviews by the FHA or the Department of Housing and Urban Development. If the loan defaults, the holder of the loan may ...
Ginnie Mae has expressed concern about a new FHA policy accepting electronic signatures on most mortgage documents and will seek input and feedback from issuers. In a memo to participants this week, the agency said electronic documents "present unique challenges to implementation." In a Jan. 30 mortgagee letter, the FHA announced that it would begin accepting electronic signatures on most loan docs, including loan disclosures and loan servicing/loss mitigation documents. The FHA said it will accept electronic signatures only on "authorized" docs but delayed their use on notes until Dec. 31, 2014. This delay reflects considerations that are necessary in connection with electronic notes (eNote) and electronic mortgages (eMortgages), said Ginnie Mae. An electronic signature is a signature that is applied or affixed to a document by electronic means. Scanned images of paper docs that bear a physical or "wet" signature are not ...
Community-based mortgage lenders have asked the Obama administration to include a provision in the FY 2015 budget lowering FHA annual premiums to allow the agency to fully meet its mission of providing affordable mortgage credit while shoring up the FHA Mutual Mortgage Insurance Fund. In a recent letter to the Office of Management and the Budget, the Community Home Lenders Association called for a reduction in the annual FHA premium on purchase loans from the current 1.35 percent to 0.75 percent. The CHLA further recommended a 0.5 percent reduction of the annual premium for all borrowers when the FHA reaches its 2.0 percent net worth standard. At the same time, the CHLA also recommended lowering down to 0.5 percent the premium paid by homeowners who have completed HUD-sanctioned pre-purchase homeownership counseling. The group also called for an increase in the upfront FHA premium to as high as ...
The FHA's model mortgage form clearly makes the federally required flood-insurance amount the minimum, not the maximum, the borrower must have, according to a recent federal appeals court ruling. In Faire Feaz v. Wells Fargo Bank, et al. No. 13-10230, the U.S. Court of Appeals for the 11th Circuit determined that the language in the FHA's model form requiring borrowers to purchase the FHA's minimum required amount of flood insurance does not prevent lenders from demanding more insurance than the agency requires. With its ruling, the court upheld the dismissal of the claim for breach of contract, related claims for breach of the duty of good faith and fair dealing, and breach of fiduciary duty. The 11th Circuit ruling also agreed with the First Circuit's recent en banc ruling in Kolbe v. BAC Home Loans Servicing LP, F.3d -- 2013 WL 5394192 (1st Cir. Sept. 27, 2013). Noting a split among the district courts, the First Circuit recognized that ...
Several industry trade associations have asked the FHA to confirm whether the 203(k) property rehabilitation program can be used to mitigate future flood threats, particularly for undamaged homes in flood zones. Because of their properties' location in a designated floodplain, homeowners could be hit by rising flood insurance rates. The Mortgage Bankers Association, National Association of Realtors, National Association of Home Builders, National Association of Local Housing Finance Agencies and the Association of State Floodplain Managers said they believe the federal 203(k) program can be used to reduce or minimize the effect of future floodings on undamaged floodplain properties. Flood insurance rates can be reduced significantly by raising a home to a level at or above the 100-year flood elevation, or by ...
Walter Investment, the parent of Green Tree, said it anticipates meeting with the regulator in the near future to get a better understanding of its concerns and to see if the matter can be resolved.
Increased regulation of mortgage brokers has prompted some to switch their business models to become so-called mini-correspondents. Industry lawyers suggest that being a mini-correspondent can offer benefits to those previously working as brokers, but the switch also comes with significant changes to business practices. "If you're a broker, think about what this is going to mean: higher net-worth requirements, warehouse lending, new compliance systems, new software systems to develop and generate the disclosures, and more importantly, significantly higher liability," Jonathan Jaffe, a partner at K&L Gates, said this week during a webinar hosted by the law firm. 'So there's a trade-off there if you're a broker thinking about converting," he said. Some brokers see...
Fannie Mae and Freddie Mac reported significant profits during the fourth quarter of 2013, capping a year in which rising guaranty fees had little impact on the market share of the two government-sponsored enterprises. Fannie reported net income for 2013 of $84.0 billion, compared to $17.2 billion in 2012, but over half of last year's earnings (roughly $45 billion) came from recaptured deferred tax assets. The company reported fourth-quarter earnings of $6.5 billion, its eighth consecutive quarterly profit. After it makes its next dividend payment to the Treasury Department in March, Fannie will have paid...
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