Democrats in Congress are putting pressure on federal regulators to increase oversight of servicers due to problems with independent foreclosure reviews and the $25.0 billion national servicing settlement. The regulators have pushed back to some extent while indicating that servicers will be subject to tighter oversight going forward. In 2011, consent orders from the Federal Reserve and the Office of the Comptroller of the Currency required independent foreclosure reviews to be completed by 14 servicers with the help of consultants. In January, most of the servicers agreed to stop the reviews and alternatively provide $8.5 billion in relief to borrowers. The regulators acknowledged...
A major mortgage lender and four private mortgage insurance companies – all co-defendants in a class-action lawsuit over captive reinsurance – failed to convince a federal court that the case should be thrown out because the charges were brought well after the timeframe allowed under the Real Estate Settlement Procedures Act. Instead, the U.S. District Court for the Eastern District of Pennsylvania ruled that the mortgage borrowers should have the benefit of “equitable tolling,” which allows plaintiffs to bring cases beyond the normal limits of the law if the defendant actively misled them or the plaintiff was prevented in some extraordinary way from asserting his rights in a timely manner. RESPA generally requires...
The Department of Housing and Urban Development’s fiscal 2014 budget proposal is in for some rough sailing in Congress as House appropriators, unmoved by pleas to soften the impact of sequestration, criticized HUD’s lack of commitment to fiscal reform. Appearing as the sole witness before the House Appropriations Subcommittee on Transportation, Housing and Urban Development, and Related Agencies, HUD Secretary Shaun Donovan had an earful from Republican lawmakers who expressed “deep concern” about the lack of comprehensive reform proposals in the proposed budget. Subcommittee Chairman Tom Latham, R-IA, expressed...
Officials at the Securities and Exchange Commission and the Financial Industry Regulatory Authority met this week to consider increasing pricing transparency on fixed-income products, including publishing transaction information on private-placement ABS. Investors have called for greater pricing transparency on ABS issuance – private placements and SEC-registered deals – while issuers warn that such disclosures could increase costs or reduce their willingness to issue securities. In addition to meeting with the SEC, FINRA’s board of directors met...
The Federal Housing Finance Agency is moving forward with its search to find a CEO to run the new common mortgage securitization platform that will one day be shared by Fannie Mae, Freddie Mac and, potentially, other issuers. But it’s anybody’s guess how much the regulator is willing to pay to get a top-flight candidate, according to industry observers. At least two individuals recently were approached about the job, according to these observers. Funding for the project will presumably come...
Issuers of non-agency MBS won two key court battles against federal agencies because the regulators’ suits to recover losses suffered by failed institutions came too late. Last week, the U.S. District Court for the Central District of California rejected all claims the Federal Deposit Insurance Corp. brought against Countrywide Financial related to 10 MBS certificates sold to the failed Colonial Bank. “All of the FDIC’s claims are time-barred,” the court said. In FDIC v. Countrywide, the court said...
The final HUD regulation marks the first time the agency has made changes to the LI program, which enables high-performing lenders to insure forward mortgages without a pre-endorsement review.
Democrats in Congress have raised concerns about how five banks have responded to new servicing standards included in the $25 billion national servicing settlement.
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