Last week, the Office of the Comptroller of the Currency and the Department of Justice announced a $12 million settlement that resolves legal and regulatory actions brought against Capital One for alleged violations of the Servicemembers Civil Relief Act, including foreclosing without a court order. The agreement requires Capital One to pay approximately $7 million in damages to service members for SCRA violations, including at least $125,000 in compensation plus compensation for any lost equity (with interest) to each service...

Hawaii. Last month, the state Department of Commerce and Consumer Affairs announced a transition period for certain mortgage loan originator companies (MLOCs) to comply with recently enacted mortgage loan originator (MLO) licensing requirements. Retroactively effective as of July 1, 2012, all exempt registered MLOs and MLOCs of a subsidiary of an insured depository institution regulated by a federal banking agency must be licensed under the state’s SAFE Act. Affected MLOs may continue to originate mortgage loans…

Consumer Financial Protection Bureau. Privileged Information Rule Now Effective. The Consumer Financial Protection Bureau’s final rule on the confidential treatment of privileged information becomes effective Monday, Aug. 6, 2012. The rule makes clear that an institution that provides privileged information to the CFPB does not waive any privilege it may have related to third parties, and that bureau sharing of privileged information to another federal or state government agency does not waive any privilege that might apply...

Inside Mortgage Finance Publications’ latest website poll doesn’t show a lot of optimism about the Consumer Financial Protection Bureau and its potential effectiveness. The poll began by noting that the CFPB recently passed its one-year anniversary as an up-and-running federal regulator. Respondents then were asked: Do you think the CFPB has done a good job so far? A whopping 52 percent choose the option that read: “I don’t think the CFPB will ever do a good job given its mandate to protect consumers even if it means crippling the...

The top priority in any effort to revamp, reform or otherwise reduce risk in the $1.8 trillion tri-party repurchase or repo market should be to clearly determine “who’s in charge from a federal perspective,” according to a top Senate Democrat. In holding this week’s hearing of the Senate Banking Subcommittee on Securities, Insurance and Investment, Chairman Jack Reed, D-RI, said the government needs to defuse potential risk to the tri-party repo credit market for funding as an act of emergency preparedness rather than allow another financial crisis, such as what crippled the market in 2008. “One of the lessons we learned...

The withdrawal of one of the biggest opponents to Bank of America’s pending $8.5 billion settlement with non-agency mortgage-backed security investors will not necessarily speed approval of the deal, according to industry analysts. Last month, the hedge fund Baupost (known as Walnut Place in the lawsuit) dropped its objections to the settlement and moved to sell some its holdings on Countrywide Financial non-agency MBS. A number of other entities continue to oppose the settlement, including AIG and ...

In response to criticism that the Home Affordable Modification Program is susceptible to fraud, the Treasury Department recently established a fraud detection program with unprecedented penalties for the non-agency portion of HAMP. In certain circumstances, the Treasury will recapture any servicer, borrower or investor incentive payments, even for loan modifications completed before the new fraud detection program was announced. The process was detailed in HAMP Supplemental Directive 12-04. The Treasury said it hired ...

Chicago is the latest municipality to consider using eminent domain to seize mortgages from non-agency mortgage-backed securities in an effort to help borrowers with negative equity. Meanwhile, the conservator of two of the largest holders of non-agency MBS joined other investors in raising concerns about the plan and industry analysts suggest the plan has serious defects. Chicago will hold hearings to consider the eminent domain plan proposed by Mortgage Resolution Partners. In June, San Bernardino ...

The Department of Housing and Urban Development has expressed concern about a municipal proposal to invoke eminent domain to seize underwater mortgages and refinance them at a lower rate through the FHA Short Refi Program. HUD Press Secretary Derrick Plummer said that while the proposal to use eminent domain to help underwater homeowners remains a local issue, the department would neither support nor endorse such action. He said HUD has concerns about this approach but declined to elaborate. Eminent domain refers to the authority of states to ...

Revised VA HAMP. The Department of Veterans Affairs has updated the instructions for modifying mortgage loans with a VA guarantee. Changes include clarification concerning occupancy status, an updated reference to another VA guidance on prior approval procedures and extension of the applicability of the said guidance. The changes were announced in Circular 26-10-6. New VA REO Management and Servicing Contractor. The Department of Veterans Affairs has provided details for transferring VA property management (real estate-owned) and portfolio loan servicing contracts for the VA home loan guaranty program from ...