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Inside the CFPB
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FHA Lenders Liable for Restrictive Covenants

May 3, 2013
The Department of Housing and Urban Development’s Office of the Inspector General has recommended that two lenders be reviewed for potential treble damages under the False Claims Act for allowing restrictive covenants to be recorded in regard to 864 FHA-insured loans in violation of FHA regulations. CTX Mortgage Co. of Dallas, TX, and Pulte Mortgage of Englewood, CO, could be on the hook for millions of dollars if HUD agrees to accept the OIG’s recommendations, which also include reimbursements and indemnification for paid and potential future claims. Both lenders maintained that ...
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Around the Industry

May 3, 2013
Congress Extends MI Tax Deductibility. Congress again extended legislation ensuring the tax deductibility of mortgage insurance on purchase and refinance loans through Dec. 31, 2013. Consequently, homeowners with adjusted household incomes of $109,000 or less can continue to claim the MI tax deduction on their federal tax return retroactive to Jan. 1, 2012. With a tax deduction, qualified borrowers may be able to ...
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Democrats Laud Watt’s Nomination to FHFA, Continue ‘Dump DeMarco’ Demands

May 2, 2013
Charles Wisniowski
Despite the nomination of Rep. Mel Watt (D-NC) to head FHFA, certain Democrats want Acting Director Edward DeMarco fired. Now.
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Short Takes: PHH Sees Its Gain-on-Sale Drop / Flippers Say ‘Viva’ Las Vegas and Orlando Too / Auction.com Sells Apartment Buildings in Competitive Bid / Treasury Comes Clean on HAMP / Sen. Corker Uncorks

May 2, 2013
Paul Muolo and Brandon Ivey
PHH Mortgage saw its gain-on-sale margin decline but it marked up the value of its MSRs.
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Nonbanks Continue Assault on Mortgage Servicing Market, Three Claim Top-10 Rankings in Early 2013

May 2, 2013
Nonbank mortgage servicers continued surging into the top ranks of servicers during early 2013, more than doubling the size of their stake in the market compared to a year ago, according to a new market analysis and ranking by Inside Mortgage Finance. The seven largest nonbank servicers accounted for $1.40 trillion in mortgage servicing at the end of the first quarter, an increase of 68.9 percent in just three months. Compared to a year ago, the combined portfolio of these companies was up 144.3 percent. Ocwen Financial rose...[Includes one data chart]
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Genworth Posts Impressive First-Quarter Gains While Other MIs See Mixed Results in Business on Legal Fronts

May 2, 2013
Genworth Financial reported improved first-quarter earnings, Mortgage Guaranty Insurance Co. made some progress on the litigation front while new entrant National Mortgage Insurance went through some highs and lows in the same week. It’s not every day a private MI gets to report a net profit, but Genworth’s U.S. mortgage operation posted $21 million in operating income during the first quarter, following a $32 million loss in the previous quarter. It was the first time in five years that the MI unit reported a profitable quarter. First-quarter results included a $4.5 million charge related to the settlement with the Consumer Financial Protection Bureau announced on April 4. Genworth’s MI losses were...
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Treasury Defends HAMP Performance, Considers Extending Loan Modification Program Beyond 2013

May 2, 2013
The Treasury Department strongly defended the Home Affordable Modification Program this week after criticism and calls for changes from the Special Inspector General for the Troubled Asset Relief Program. The Obama administration is also considering extending HAMP, which is currently set to expire at the end of this year. “Data show that the majority of homeowners who receive assistance from HAMP have a high likelihood of long-term success to avoid foreclosure, and that HAMP modifications continue to outperform private industry modifications,” said Andrea Risotto, Treasury’s spokesperson for HAMP. She was responding...
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Qualified Mortgage Eligibility Issues Still Concern Lenders Even as CFPB Provides Clarity Elsewhere

May 2, 2013
The high-profile ability-to-repay rule and its “qualified mortgage” standard issued earlier this year by the Consumer Financial Protection Bureau is still a work in progress, as mortgage lending industry representatives continue to work the regulators for additional changes and clarifications before the January 2014 implementation. Last week, in meetings with CFPB personnel, officials from the Mortgage Bankers Association pressed for changes and additional guidance on the final rule. The CFPB recently issued a proposed rule to clarify a number of issues related to the January ATR rule. Many of the issues the trade group raised last week were not addressed...
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Short Takes: FHFA Issues Progress Report on Securitization Platform / But Little Progress in Finding a Platform CEO / Union Bank Buys LPS Software / Ally Totally Out of MSRs / Shiller Not so Bullish on Housing

May 1, 2013
Paul Muolo and Charles Wisniowski
FHFA issues progress report on the "common securitization platform" but no CEO is in place yet. Meanwhile, Ally is out of MSRs totally.
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White House Pick of Rep. Watt for FHFA Job Won’t Affect GSE Net Worth Debate

May 1, 2013
Paul Muolo
If Rep. Mel Watt gets the FHFA job will he tinker with GSE net worth minimums?
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