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Gov’t Seeks $864M Maximum from BofA for ‘Hustle’ Fraud on GSEs

November 22, 2013
Justice Department lawyers want to extract the largest possible penalty from Bank of America after a Charlotte, NC, jury found in October that its Countrywide Financial Corp. division committed fraud when it sold toxic mortgages to Fannie Mae and Freddie Mac in the years leading up to the 2008 financial crisis, according to court papers filed earlier this month.In its successful civil suit against BofA, the DOJ and the Securities and Exchange Commission estimated that the two GSEs lost some $850 million from thousands of loans acquired through CFC’s “Hustle” program between August 2007 and May 2008. BofA acquired Countrywide in 2008 and is liable for the fraud.
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Vantage Eases Qualified Mortgage Compliance

November 22, 2013
Vantage Production LLC is trying to build compliance, suitability and accountability into the mortgage sales process – things that can help lenders comply with the daunting qualified-mortgage rule as they streamline their sales and marketing processes. The vendor says its Vantage Integrated Production (VIP), an enterprise-level customer-relationship management platform, enhances loan-officer productivity and increases sales while providing corporate control of compliance. This software-as-a-service ...
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New RESPA-TILA Rule is Here – But Implementation May Not be Easy

November 21, 2013
Thomas Ressler
Mortgage industry officials note that the size and complexity of the disclosure rules and other regulations taking effect in January will cause huge operational and system challenges.
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Lenders Catch a Break as CFPB Issues Mortgage Disclosure Rule With 20-Month Phase-in Period

November 21, 2013
Mortgage lenders will have until Aug. 1, 2015, to implement the new integrated mortgage-disclosure forms and related rule issued by the Consumer Financial Protection Bureau this week. The new forms will replace the existing federal disclosures under the Real Estate Settlement Procedures Act and the Truth in Lending Act. Bureau officials hope they will help consumers better understand their options, choose the deal that’s best for them, and avoid costly surprises at closing. The new, three-page loan estimate form will be provided...
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More Hedge Funds Expected to Place Bets on Fannie and Freddie Common and Preferred

November 21, 2013
Private-equity firms such as Pershing Square Capital Management and Fairholme Funds are gobbling up the common and preferred shares of Fannie Mae and Freddie Mac, a trend that may continue as long as the two stay profitable and Congress dithers with how to end their conservatorships. “There’s some value there,” said Brian Harris, a senior analyst with Moody’s Investors Service. “The hedge funds believe the two will continue to earn money.” Industry observers who closely follow the government-sponsored enterprises predict...
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CBO: Increasing GSE G-Fees, ‘Incrementally’ Reducing Loan Limits Could Save Government $20B Over Decade

November 21, 2013
Increasing Fannie Mae and Freddie Mac guaranty fees, as well as “incrementally” reducing the government-sponsored enterprises’ loan limits throughout the next decade, would save the government approximately $20 billion, according to the Congressional Budget Office. In a report published last week, the CBO projected the budgetary savings that would occur under two proposals. “By CBO’s projections under current law, the mortgage guaranties that the GSEs issue from 2015 through 2023 will cost the federal government $22 billion,” noted the report. “That estimate reflects the subsidies inherent in the guaranties at the time they are made.” Under one scenario, the average GSE guaranty fee would increase...
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Short Takes: If Watt Doesn’t Make It, There’s Always Gene / Interthinx Sees Fraud Risk on Jumbos / A FHFA-Like Regulator Could Use More Powers / Carrington Expands Wholesale Reach / Liberty Home Tops HECM Lenders

November 21, 2013
George Brooks, Brandon Ivey, and Paul Muolo
Jumbo mortgages have a higher risk of fraud than conforming mortgages, according to a new report from Interthinx.
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Disparate Impact Enters Congressional Spotlight, and GOP Lawmakers May Target HUD, CFPB Policies

November 21, 2013
Republicans on Capitol Hill might be laying the groundwork for legislation that could scale back the application of the disparate impact theory of legal liability in mortgage lending. Currently, there is no active legislation to that effect pending in the U.S. House of Representatives or the Senate, and industry lobbyists said there is no such interest underfoot. But just the fact that the House Financial Services Subcommittee on Oversight and Investigations held a hearing this week on disparate impact in general had some Democrat supporters of the theory a bit anxious. “My hope is...
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CFPB Grants 20-Month Implementation on New Mortgage Disclosure Rule

November 20, 2013
Thomas Ressler
The CFPB has come up with a new three-page loan estimate form ("Ficus") that must be given to borrowers within three business days after they submit a loan application.
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With JPM MBS Settlement Done, is BofA Next?; Ranieri’s Firm Selene Gets a Subservicing Contract

November 20, 2013
Paul Muolo
Analysts commenting on the settlement note that while JPM did not admit any violations of law, it acknowledged in a “statement of facts” section that employees did not comply with company underwriting guidelines and representations.
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