California. The state Department of Real Estate has put into play new rules on disciplinary actions against real estate licensees, effective Oct. 26, 2011. The rules establish the authority by which the DRE can issue an order of suspension or debarment per the Business and Professions Code. They also make clear that an individual who receives a notice of intention to issue an order of suspension or debarment cannot engage in any real estate-related business activity that is regulated under the authority of Division 4 of the state BCP. Further, anyone debarred is prohibited from engaging in any real estate-related business activity of a finance lender or residential mortgage lender. The new rules also require real estate brokers to vet their employees and regular business associates who participate in real estate-related business to ensure they are not subject to an order of suspension or debarment.

Finding itself in one of the largest mortgage fraud cases ever prosecuted by the federal government, the Department of Housing and Urban Development may have a hard time explaining why it failed to act earlier against a lender that scammed the FHA for nearly a decade. It appears HUD, notwithstanding its assertions of increased vigilance and aggressive enforcement against violators of department regulations, dropped the ball on Allied Home Mortgage Corp. According to a lawsuit filed by the U.S. Attorney in Manhattan district court this week, Allied, an FHA loan correspondent, and its two top executives engaged in ...

The Department of Housing and Urban Development is seeking executive clearance for a final rule which would revise and update requirements for lender indemnification, lender-insurance eligibility and termination under the FHA’s Single-Family Lender Insurance Process. The final rule was sent to the Office of Management and Budget for review on Oct. 18 with possible issuance in the next couple of weeks. HUD declined to discuss the details of the final rule. The three main changes to the program include a more explicit definition of what ...

Allowing direct lenders in the Farm Credit System to participate in FHA mortgage insurance programs as approved mortgagees and lenders may not present a true picture of credit availability in rural areas and could end up costing taxpayers, the Mortgage Bankers Association warned. In a recent letter to HUD’s Office of Lender Activities and Program Compliance, the MBA added that the proposal may be in conflict with the administration’s goal of reducing government participation in the housing finance market. Steve O’Connor, MBA senior vice president, said Farm Credit loans with their implicit government guarantee and FHA-insured loans with their explicit government warranty would ...

Fannie Mae, Freddie Mac and their federal regulator are facing considerable negative pushback from the mortgage industry about their controversial plan to change the economics of the mortgage servicing industry. The Federal Housing Finance Agency and the government-sponsored enterprises are trying to come up with a system that will provide more resources for servicing distressed loans and reduce the volatility lenders face as a result of carrying mortgage servicing right assets on their books. In addition to ultimately improving servicing quality for GSE loans and reducing default losses, the agencies appear to...

Now that the long-awaited revision of the Home Affordable Refinance Program is out of the way, look for the Federal Housing Finance Agency to redouble its efforts to discharge the government’s backlog of real estate owned properties with all deliberate speed. During an interview on C-SPAN’s “Newsmakers” program last weekend, FHFA Acting Director Edward DeMarco said the agencies are sifting through over 4,000 comment letters on the proposed REO bulk sales program. “Now that we have the HARP announcement out, we are turning to this as the next priority,” said DeMarco. “We do think we will have some good...

New regulatory requirements – including a controversial plan to assign ratings on a rotating basis – are encouraging firms to test the traditional approaches to rating MBS and ABS, but some observers say the reliance on an issuer-pay business model will be tough to change. New rating services are coming up with new ways to assess risk with more dynamic, ongoing reviews and more sources of information, and they’re less reliant on being fed information, said Stephen Kudenholdt, co-chair of the capital markets practice at SNR Denton. But the expectation that the market would shift to an investor-paid model clearly hasn’t...

In a major shakeup of its executive suite, Freddie Mac’s chief executive will step down next year while three members of the GSE’s board of directors are also headed for the exits, the Federal Housing Finance Agency announced this week.Freddie CEO Charles Haldeman Jr. informed the board of his desire “to step down sometime in the coming year,” according to the FHFA announcement. Freddie did not comment on Haldeman’s resignation, nor did it make the announcement itself, referring to the Finance Agency’s official press release in its Securities and Exchange Commission 8K filing this week.

Long awaited alterations to the Home Affordable Refinance Program announced by the Federal Housing Finance Agency this week are expected to be of some relief to underwater homeowners but it will do little to endear the Finance Agency to its critics, particularly among House Democrats, who think the FHFA should do more.Among the new HARP enhancements is the elimination of certain risk-based fees for borrowers who refinance into shorter-term mortgages and lower fees for other borrowers. Also removed is the current 125 percent loan-to-value ceiling for fixed rate mortgages backed by the government-sponsored enterprises.

Under fire by its official watchdog, as well as by a senior House Democrat, the Federal Housing Finance Agency last week announced it has directed Fannie Mae and Freddie Mac to transition away from the GSEs’ current foreclosure attorney network programs. FHFA’s directive – which it says is in synch with the Finance Agency’s Servicing Alignment Initiative to produce uniform foreclosure processing standards – will move toward a system where mortgage servicers select qualified law firms that meet certain minimum, uniform criteria. Under current practice in certain states, each GSE designates law firms eligible to undertake foreclosure work, and mortgage servicers then select and work with these firms, according to the FHFA.