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Obama: Liquidate Fannie and Freddie but Keep 30-Year Mortgage

August 9, 2013
Charles Wisniowski
Industry reaction to Obama’s speech was generally favorable, particularly as it related to his call for continued, unfettered access to the 30-year FRM.
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What We’re Hearing: Stated-Income Lending Returns / Can Fannie and Freddie Get Their Companies Back? / Walter’s Big Fannie Mae Secret / Bidders Paying 6x for MSRs? / EverBank Official to Head Mortgage Lending at Insignia / PNC Gets Subpoenaed

August 9, 2013
Stated-income loans are being offered at 5.49 percent as long as the borrower puts down 20 percent. Meanwhile, Walter wants to keep its contract terms with Fannie Mae secret.
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BofA Hit with Non-Agency Jumbo MBS Lawsuits

August 9, 2013
One of the last non-agency jumbo mortgage-backed securities issued before the securitization market effectively closed in 2008 is the subject of similar lawsuits by the Department of Justice and the Securities and Exchange Commission. Bank of America issued the $855.7 million security in January 2008, as well as originated and serviced the loans included in the MBS. The regulators cite internal reports from BofA as well as email communications among employees to allege that BofA provided inadequate ...
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States Working on Settlements With Servicers

August 9, 2013
Ocwen Financial is preparing to enter a settlement with state regulators similar to the $25 billion national servicing settlement. A person with knowledge of the negotiations said regulators are working on settlements with individual servicers as opposed to the multi-servicer agreement with five banks announced last year. “We look forward to finalizing this process, which we expect will occur very soon,” Ronald Faris, Ocwen’s president and CEO, said last week during an earnings call. The servicer said ...
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Precedent-Setting Disparate Impact Case Proceeds

August 9, 2013
A unique lawsuit against Morgan Stanley was recently allowed to move forward though legal analysts questioned the ruling. The lawsuit charges Morgan Stanley with racial discrimination, claiming that the investment bank violated the Fair Housing Act by encouraging New Century Financial to offer high-risk mortgages to African-American borrowers. Disparate impact cases typically target originators, but New Century is long out of business. Morgan Stanley was hit with the lawsuit because it was ...
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Lawsuits Filed to Stop Eminent Domain Plan

August 9, 2013
Three non-agency mortgage-backed security trustees filed lawsuits this week against Richmond, CA, which plans to use eminent domain to purchase mortgages with negative equity. The city recently sent letters to servicers and trustees of non-agency MBS offering to purchase 624 mortgages. If the MBS trustees do not sell the loans for the offered price of 80 percent of the current value of the properties, Richmond Mayor Gayle McLaughlin, a member of the Green Party, said the city intends to ...
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News Briefs

August 9, 2013
Carrington Mortgage Services recently reversed its response to a survey regarding accounting for principal forbearance. The servicer initially told Fitch Ratings that it reported all forbearance amounts as losses on modifications and will continue to report forbearance mods as losses at the time of modification. However, near the end of July, Carrington said it has approximately $300 million in principal forbearance amounts that haven’t been reported as losses ... [Includes four briefs]
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Is Refusal to Refi Seized Loans Redlining?

August 9, 2013
The question of whether the FHA should allow the refinancing of underwater mortgages seized through eminent domain has reemerged as a key issue following a recent decision by the city of Richmond, CA, to use its authority to take over distressed mortgages for restructuring. There is a new twist to the question, however. Could FHA’s refusal to refinance such mortgages be deemed discriminatory against cities and homeowners if eminent domain programs meet the requirements of the FHA Short Refinance program? Is that tantamount to redlining? A top executive of Mortgage Resolution Partners, which developed the eminent domain strategy to help underwater homeowners at risk of foreclosure, said ...
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SF Lender Reviews a Top Priority Due to Abuses

August 9, 2013
Continued abuses has caused single-family loan originations to remain a top priority for reviews and targeted audits, according to the Department of Housing and Urban Development’s Office of the Inspector General. A specialized audit program has been developed to target lenders, considering a number of high-risk indicators, the OIG said. Although the agency did not elaborate, it did note Congress’ keen interest in FHA solvency and in eradicating policies and practices that contribute to the agency’s current financial woes. The OIG said it plans to ...
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FHA Asked to Relax Condominium Approval Rules

August 9, 2013
The real estate industry recommended establishing a new FHA condominium program structure to ease the burden on condo projects seeking FHA certification without posing more risk to the Mutual Mortgage Insurance Fund. Commenting on FHA’s proposal to collect information on the agency’s condominium certification process, a coalition of real estate groups said the current program is too burdensome for condo owners and potential buyers with an FHA-insured mortgage. Comprised of the National Association of Realtors, National Association of Home Builders, Institute of Real Estate Management and the ...
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