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Court Raises Lenders’ Chances of Surviving a False Claims Act Suit

December 22, 2017
Mortgage lenders and servicers chalked up a win following a federal appeals court decision that would make it harder for the government and whistleblowers to pursue a claim under the False Claims Act.
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Notwithstanding Efforts to Resolve FCA Issue, Lenders Remain at Risk

December 22, 2017
Lenders continue to be hit with steep False Claims Act penalties despite assurances by Housing and Urban Development Secretary Ben Carson that he would address the FCA issue.
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VA Places Qualified Mortgage Rule, Allowable Fees on Its 2018 Agenda

December 22, 2017
The Department of Housing and Urban Affairs plans to act on two new rules in 2018 relating to allowable fees and charges on VA loans as well as the type of loans that are “qualified mortgages.”
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Surprise: FHFA and Treasury Agree to $3 Billion Capital Buffer for the GSEs. Watt Declares a Tax Payer Draw Will be Necessary Because of New GOP Tax Bill

December 21, 2017
FHFA's Mel Watt: "While it is apparent that a draw will be necessary for each enterprise if tax legislation results in a reduction to the corporate tax rate, FHFA considers the $3 billion capital reserve sufficient to cover other fluctuations in income in the normal course of each Enterprise’s business.”
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Surprise: FHFA and Treasury Agree to $3 Billion Capital Buffer for the GSEs. Watt Declares a (Taxpayer) Draw Will be Necessary Because of New GOP Tax Bill

December 21, 2017
Paul Muolo
Mel Watt continued: “We, therefore, contemplate that going forward enterprise dividends will be declared and paid beyond the $3 billion capital reserve in the absence of exigent circumstances.”
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GOP Tax Reform a Mixed Bag for Housing Industry

December 21, 2017
Brandon Ivey
Beginning in tax year 2018, a deduction won’t be allowed for interest paid on home-equity loans unless proceeds from the loan are used to improve the residence…
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FHFA Wants Input on Credit Scoring Alternatives to FICO

December 21, 2017
Carisa Chappell
The FHFA noted that if another credit scoring model is introduced, the entire mortgage finance industry will incur increased operation and transition costs…
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FHA Lenders Win Big in Seventh Circuit FCA Ruling That Makes It Harder for DOJ, HUD to Argue Cases

December 21, 2017
The U.S. Court of Appeals for the Seventh Circuit has joined four other circuits in raising the bar for arguing government cases under the federal False Claims Act, potentially making it harder for the government or whistleblowers to pursue such claims against FHA lenders.
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States Increasingly Requiring MSR Investors to Obtain Licenses, GSEs Require Compliance with State Laws

December 21, 2017
State regulators are increasingly requiring investors in mortgage servicing rights to get servicer li-censes even if they don’t perform any loan administration functions, according to industry lawyers.
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NY Regulator Fines PHH Mortgage for Failing to Maintain ‘Zombie’ Properties, Reminds Industry of its Statutory Duties

December 21, 2017
New York financial services regulators have ordered PHH Mortgage to pay $119,000 in penalties for failing to maintain a vacant and abandoned property in violation of state’s “zombie” foreclosure law.
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