The Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators jointly provided input to the Consumer Financial Protection Bureau on defining “larger participants” of a market for other consumer financial products or services. Their first main point was that the CFPB ought to pay close attention to state legal definitions of the market, state jurisdictional coverage, and the overall consumer protection priority of the market. Second, the two agencies suggested that, when deciding how to define what entities are “larger,” the criteria and thresholds ought to be flexible, determined on an industry-by-industry basis, and based on aggregated institutional ownership.

Lex Consulting’s mortgage fraud examiners’ project is warning foreclosure attorneys to be extra careful to identify contract breaches and/or tortious conduct or face malpractice or at least disgorgement of fees from their own client. “Only exposure of contract breaches and/or tortious conduct underlying a mortgage transaction provides a sound strategic basis for liberating homeowners from the bondage of mortgage foreclosure,” said Storm Bradford, founder of the project. “Homeowners and attorneys need to understand a promissory note/mortgage/deed of trust is nothing more, nothing less than a contract. Moreover, attorneys need to be extra careful,” he added. “According to several ethics

Illinois. The U.S. Attorney’s Office for the Northern District of Illinois announced that a former South Holland, IL, man, Kenneth Steward, was sentenced to 17 years and six months in federal prison for allegedly directing a $35 million mortgage fraud scheme involving more than 120 residences on Chicago’s south side. The scheme caused various lenders and financial institutions to lose approximately $16 million on mortgage loans that were not repaid by the borrowers or fully recovered through subsequent foreclosure sales, federal law enforcement officials said. The sentence that was imposed is one of the longest ever given to a mortgage fraud defendant in federal court in Chicago, according to officials.

Senate Banking Committee. Richard Cordray nomination. The Senate Banking, Housing and Urban Affairs Committee has planned a Sept. 6, 2011, hearing to consider the nomination of Richard Cordray to be director of the Consumer Financial Protection Bureau. Political observers will look for signs from Republican members of the committee, particularly Alabama Sen. Richard Shelby, of any potential easing of opposition to the appointment. Thus far, GOP members of the Senate have uniformly remained adamant to the naming of any director to the CFPB until some significant changes are made to its structure, the most notable of which would be the replacement of a single director with a board leadership structure.

The Arizona Department of Insurance has put PMI Mortgage Insurance Co. and PMI Insurance Co. under the department’s supervision, and required them to cease issuing new mortgage insurance commitments effective as of the close of business Aug. 19, 2011, unless otherwise approved by the director or the supervisor that has been appointed over the firms. Under the order, MIC and PIC may issue mortgage insurance policies under pending commitments through the close of business on Sept. 16, 2011. In addition, PMI Mortgage Insurance Co. must cease making interest payments on the $285 million in aggregate principal amount of surplus notes that it has issued. During the period of supervision, the two companies are prohibited from taking a variety of actions without approval, including lending funds, merging with another company, entering into reinsurance contracts ...

The Department of Housing and Urban Development has spelled out the conditions under which borrowers must successfully complete a trial payment plan before they can get a permanent standard loan modification under the FHA’s loss mitigation program. A HUD mortgagee letter (ML 2011-28) also specifies the time requirements for completing loan modification and partial claim documents for a servicer to receive an incentive fee. The FHA reported 13,368 loan modifications and 3,082 partial claims paid in June. A total of 119,703 FHA loan modifications were reported from October 2010 through June 2011, and 21,035 foreclosure claims were paid over the same period. Their workout ratios were ...

The Department of Housing and Urban Development’s Office of the Inspector General recommended that an approved FHA lender be ordered to indemnify HUD against any future losses on a number of loans with material underwriting deficiencies. An audit of Ameritrust Mortgage Bankers, based in Lake Success, NY, found that 11 of the 20 FHA-insured mortgages that the lender had originated failed to meet FHA underwriting guidelines and that a quality control plan did not meet agency requirements. Inadequate verification and documentation of borrowers’ income, assets, liabilities and credit histories resulted in actual losses of $183,327 on one loan and potential losses of more than $2.7 million on 10 loans, for total losses of more than $2.9 million, the audit found. In addition, Ameritrust officials allegedly charged ...

A group of House Democrats wants the Obama administration to extend the forbearance period up to a year for unemployed homeowners with mortgages owned by Fannie Mae or Freddie Mac.

A report issued late last week by the Federal Housing Finance Agency Office of Inspector General has concluded that the FHFA did nothing to subvert its role as Fannie Mae and Freddie Mac’s regulator when the agency negotiated the GSEs’ administrative responsibilities under the Treasury Department’s Home Affordable Modification Program.However, the FHFA-OIG noted there was ample room for improvement in the Finance Agency’s oversight of the GSEs’ financial agency agreement (FAA) with Treasury, which resulted in poor communication and differing expectations as to the payment and scope of the HAMP-related work that the GSEs performed.

A conservative, non-partisan public interest group is considering its options following a recent federal appeals court decision affirming the Federal Housing Finance Agency’s right to withhold documentation revealing the extent of political campaign donations made by Fannie Mae and Freddie Mac.On Aug. 5, the U.S. Court of Appeals for the District of Columbia upheld a lower court ruling against Judicial Watch.