MBS investors continue to sweat over the impact of the $25 billion multistate servicing settlement, especially regarding potential conflicts of interest when banks own a second mortgage while servicing a securitized first lien. “The minimum requirement is that every time you modify a first lien, you have to modify the second lien to the same degree, or you have to write off the second lien entirely,” explained Shaun Donovan, secretary of Housing and Urban Development, at a housing conference earlier this week. Donovan characterized the treatment of home-equity loans in the settlement as a positive...

Bank of America is challenging new federal charges that it discriminated against loan applicants with disabilities, arguing that it applied conservative FHA underwriting standards in three cases covered by a lawsuit brought by the Department of Housing and Urban Development. HUD accused BofA of imposing unnecessary and burdensome requirements on borrowers who depended on disability income to qualify for their mortgages. The bank also allegedly required some disabled borrowers to provide physician statements to qualify for their mortgage financing. The charges are based on a HUD-initiated...

There was agreement this week during a hearing of the Senate Banking, Housing and Urban Affairs Committee that recent efforts to expand the government’s refinance program are slowly having the desired effect, but the direction of refi policy to come remains an open dispute among officials. Department of Housing and Urban Development Secretary Shaun Donovan said the Obama administration is “encouraged thus far” by the 50,000 homeowners who have already refinanced their mortgages under HARP 2.0, the revamped Home Affordable Refinance Program. “These changes have met with a very positive response from homeowners....

The Department of Housing and Urban Development and Flagstar Bank have agreed on a structured payment scheme to ease the financial impact of a $133 million settlement of a lawsuit alleging fraudulent mortgage lending practices and improper approval of FHA home loans. The settlement occurred on the same day the civil fraud lawsuit was filed under the False Claims Act by the U.S. Attorney for the Southern District of New York. The suit alleged that Flagstar, the ninth largest lender in 2011, issued false certifications that the loans met all FHA requirements for insurance even though the due diligence...

The Department of Housing and Urban Development this week announced FHA insurance premium increases that will add an estimated $1 billion to the agency’s Mutual Mortgage Insurance Fund, which may be enough – along with hefty penalties on lenders – to stave off a government bailout. The annual and upfront premium increases for all forward mortgages are part of an effort to bolster the FHA’s capital reserves for unexpected losses and ease Congress’ fear of a taxpayer bailout of the FHA. The Obama administration’s proposed fiscal 2013 budget suggested that the MMI Fund could need a $668 million infusion this...

A Federal Home Loan Bank may base its calculation of tangible capital for an insurance company member on financial statements prepared using statutory accounting principles for purposes of applying regulatory limits to members’ access to advances, according to the Federal Housing Finance Agency. The FHFA’s regulatory interpretation, issued earlier this month, would permit the use of SAP-based financial statements under certain conditions if the Bank’s insurance company member does not otherwise prepare financial statements based on generally accepted accounting principles.

Of the $25 billion in penalties agreed upon for the multistate servicing settlement, approximately $2.66 billion in cash is going to individual states to provide relief for funds lost through servicer wrongdoing, though states are spending their cash differently. Without the settlement terms, which have yet to be released, it is impossible to know the parameters for which the 49 states in the agreement and the federal government can use their money from Bank of America, Wells Fargo, JPMorgan Chase, Citigroup and Ally Financial. Through announcements by public officials, however, a picture of...

The massive legal action initiated by the Federal Housing Finance Agency last year on behalf of Fannie Mae and Freddie Mac against many of the nation’s biggest lenders is getting ready to face its first legal challenge, and the federal judge’s ruling will determine the scope and direction of the cases, experts say. The FHFA lawsuits seek tens of billions of dollars in damages for losses incurred by Fannie and Freddie on purchases of approximately $200 billion in residential mortgage-backed securities.

Fannie Mae’s general counsel is in the running to replace the company’s outgoing CEO, Inside The GSEs has learned, but a promotion is by no means assured as the GSE is casting a wide net in search of a suitable replacement. A source familiar with the inner workings of the company confirmed a published report that Timothy Mayopoulos, Fannie’s chief administrative officer and general counsel, has the inside track among those candidates within the company seeking the job.

A new Inside Mortgage Trends analysis of heretofore undisclosed data about Fannie Mae and Freddie Mac buyback demands reveals that individual lenders have faced varying levels of exposure and success in beating back these requests. The government-sponsored enterprises joined other financial asset securitizers in making historic new disclosures regarding the repurchase demands they have made over the years based on a loan originator’s breach of representations and warranties. Rules for the new disclosures, an outcome of the Dodd-Frank Act, were developed by the...(Includes one data chart)