The Department of Housing and Urban Development has suspended a former president of Lend America from doing any business with the agency following his admission that he engaged in a mortgage fraud scheme against the FHA in 2009. Michael Primeau, the former executive, had pled guilty to charges he directed employees of Lend America, a former FHA-approved lender, to divert mortgage funds intended to pay off borrowers’ first mortgages at refinance closings in order to pay company-operating expenses. Two years ago, HUD and the U.S. Attorney for the Eastern District of New York filed a civil complaint against Ideal Mortgage Bankers, doing business as Lend America, in federal district court. The complaint sought ...

Mortgage servicing shops should soon expect extra-special scrutiny from the Consumer Financial Protection Bureau and perhaps even a visit by bureau examiners as part of a servicer supervision strategy announced late last week. “Mortgage servicing has a huge impact on consumers and is a priority for the CFPB,” said Raj Date, special advisor to the Secretary of the Treasury for the CFPB. “The mortgage servicing market has been bogged down by widespread reports of pervasive and profound consumer protection problems. We are going to take a close and measured look at whether servicers are following the law.” The CFPB has indicated that...

The U.S. Supreme Court recently agreed to review a dispute over closing fees in a move that may resolve a potentially entrenched circuit court conflict over the scope of the Real Estate Settlement Practices Act prohibition against unearned fees. At issue is RESPA Section 8(b), which provides that “[n]o person shall give and no person shall accept any portion, split or percentage of any charge made or received for the rendering of a real estate settlement service in connection with a transaction involving a federally related mortgage loan other than for services actually performed.” As the U.S. government...

Despite the sound and fury from publicly peeved House Democrats directed at Federal Housing Finance Agency Acting Director Edward DeMarco, including calls for him to step aside, the consensus among industry insiders and those in the know on Capitol Hill is – good luck finding anyone else willing or able to jumpstart the underperforming GSE refinance plan while obeying the FHFA’s restrictive regulatory mandate.

Any changes that would restrict membership or narrow the Federal Home Loan Banks’ mission should come first from Congress not by administrative fiat, Bank officials told House members this week.FHLBank of Dallas Chairman Lee Gibson testified before the House Financial Services Subcommittee on Oversight and Investigations that explicit Congressional guidance is both necessary and proper before any fundamental alteration of the FHLBank system is imposed.

The ranking member of the House Committee on Oversight and Government Reform is calling on the Federal Housing Finance Agency to “give serious consideration” to shuttering Fannie Mae’s Retained Attorney Network, but not before answering questions and providing documents about the FHFA’s oversight of the program.

The Obama administration’s Housing Scorecard for September paints a reasonably rosy picture of efforts to help troubled homeowners and future market prospects. With record low mortgage interest rates, housing affordability increased modestly. But the number of new default notices rose from 59,500 in August to 78,900, which is still well below the 96,500 level of a year ago. Notably, sales of real estate owned properties were down this period. Preliminary numbers from July 2011 show that there were 46,200 REO sales, as opposed to 62,200 in June and 61,800 a year ago. New home sales were down slightly in...

More people than expected showed up at the Mortgage Bankers Association annual convention this week in Chicago – including intermittent Occupy protestors – given the hugely uncertain prospects facing the industry. MBA economists are predicting less than $1 trillion in new originations in 2012, which would be the lowest new production volume since 1997, and all three major components in the business – origination, servicing and secondary marketing – face huge structural challenges that so far are still just vaguely mapped out. Yet attendance was up about 18 percent from last year, and several observers noted that investors are...

In five years, the mortgage servicing business will likely be dramatically different than it is now or has been in the past, experts say, and getting there won’t be easy. “Homeowners think servicing is about them, that the industry should be trying to solve their problems,” said Peter Swire, a law professor at Ohio State, during a panel at this week’s Mortgage Bankers Association annual convention. “But the servicer is working primarily for the investor,” he said, adding that the “legal structure of servicing makes the homeowner extraneous.” Although there is widespread acknowledgement that change is necessary, the significant...

The head of the Federal Housing Finance Agency says his agency expects to complete a review of potential improvements to the Home Affordable Refinance Program “by the end of this month” but based on what they heard during a private meeting last week, dissatisfied House Democrats say they expect the results won’t nearly be good enough. FHFA Acting Director Edward DeMarco met last week with a group of 17 congressmen, led by Reps. Dennis Cardoza, D-CA, and Elijah Cummings, D-MD, to discuss ways to reinvigorate the underwhelming Fannie Mae and Freddie Mac refinance program. In what’s been described as a...