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Inside the CFPB
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Rep & Warranty Damage: $89 Billion, Eventually, But Banks are Reserved

February 14, 2014
Brandon Ivey
Losses incurred for rep-and-warrant claims tied to MBS could total $89 billion eventually. However, banks have already reserved $88 billion, according to some tallies.
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‘Robo-Signing’ Whistleblower Returns to Haunt Mortgage Industry; The FHA Angle

February 14, 2014
George Brooks
The lawsuit seeks to recover unspecified damages and penalties from the defendants for using fraudulent mortgage assignments and FHA endorsements to submit tens of thousands of false FHA claims from 2000 through 2010.
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QE Taper Poised to Continue, New Fed Chief Yellen Signals, Says It’s Time for Housing Finance Reform

February 14, 2014
Federal Reserve Chair Janet Yellen stuck close to the script of her predecessor on the subject of the Fed’s “quantitative easing” exit strategy during her first Humphrey-Hawkins appearance before Congress this week, reaffirming that the central bank’s pull-back from its asset-purchase program is likely to continue, barring a dramatic surprise. “Let me emphasize that I expect a great deal of continuity in the Fed Open Market Committee’s approach to monetary policy,” Yellen told the House Financial Services Committee on Tuesday. “I served on the committee as we formulated our current policy strategy and I strongly support that strategy, which is designed to fulfill the Federal Reserve’s statutory mandate of maximum employment and price stability.” The new Fed chief reminded...
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Rates Weren’t Expected to Fall, but Now That They Have, MBS Values Have Perked Up

February 14, 2014
Rising interest rates may help boost the fortunes of real estate investment trusts that focus on investing in residential MBS by increasing the value of their portfolios. Mortgage REITs had a rough year in 2013, as their stock prices declined an average 10 percent while the Standard & Poor’s Index rose 29 percent. It was thought that “tapering” by the Federal Reserve would cause rates to rise – which they did for a short while – but now the reverse has happened, thanks in large part to recent weak employment numbers. Late this week, the yield on the 10-year Treasury was...
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Group Challenges Legality of $13B JPM Settlement; CFC Accuses FHFA of Foot Dragging in MBS Suit

February 14, 2014
The nonprofit Wall Street advocacy group Better Markets filed a lawsuit against the Justice Department this week challenging DOJ’s authority to “unilaterally enter into the unprecedented and historic” $13 billion deal with JPMorgan Chase last fall. In November, DOJ announced the largest legal settlement on record with JPMorgan, which acknowledged making misrepresentations about billions of dollars in MBS sold to investors prior to Jan. 1, 2009. The settlement does not release bank employees from civil charges, nor does it release JPMorgan or any other individuals from criminal prosecution. However, in its complaint filed in the U.S. District Court for the District of Columbia, Better Markets claimed...
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IG: FHFA’s Oversight of ‘Servicing Alignment’ Project Remains Unsupervised

February 14, 2014
Charles Wisniowski
One of the goals of the “servicing alignment initiative” is to limit losses at the GSEs.
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What We’re Hearing: What are Fannie and Freddie Paying Their Subservicers? / Still in Love with the Mortgage Industry / John Robbins Returns with a Mortgage Co-op / MountainView Readies Another MSR Auction

February 14, 2014
Paul Muolo
For an industry that’s looking at a 30 percent decline in originations, we’re seeing a great deal of SEC 13-d filings by investment funds that are upping their stakes in such players as MGIC, Radian, Ocwen, Walter, EverBank and the like.
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News Briefs

February 14, 2014
The Consumer Financial Protection Bureau is preparing to comply with a mandate from the Dodd-Frank Act and collect more data under the Home Mortgage Disclosure Act. Among the additional HMDA data requirements under consideration are whether a mortgage meets qualified-mortgage standards, debt-to-income ratios, the length of introductory interest rates and more underwriting and pricing information. “Improving the kinds of information collected would make it easier to identify new consumer ... [Includes four briefs]
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JPMorgan Settles FHA ‘Qui Tam’ Suit

February 14, 2014
FHA-approved lenders should make sure they leave no stones unturned to ensure that loans submitted for endorsement meet FHA’s strict underwriting criteria. It is the responsibility of direct endorsement lenders to scrutinize every loan for compliance with FHA lending guidelines, including income verification, credit analysis and property appraisals. JPMorgan Chase admitted it failed to do all of the above. Last week, the bank acknowledged it violated the False Claims Act and agreed to pay $614 million in cash to settle government charges it improperly certified poorly underwritten loans for FHA and VA guarantees. The defective loans later ...
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‘Robo-sign’ Figure Sues 22 Firms for FHA Fraud

February 14, 2014
The whistleblower whose investigative efforts led to the landmark $25 billion national mortgage settlement between the federal government, 49 state attorneys general and five of the largest mortgage servicers is at it again. This time, Lynn Szymoniak is suing 22 companies for using fraud to obtain FHA insurance – in some instances, VA guaranties – for defective loans that later were securitized through Ginnie Mae and sold to investors. Szymoniak, who is suing under the False Claims Act, gained notoriety from a 2011 interview on “60 Minutes” in which she ...
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