A ruling late last week by the New York Court of Appeals will likely help provide certainty to non-agency MBS issuers regarding liability from breaches of representations and warranties while limiting claims from investors. The appeals court confirmed a lower court’s ruling in ACE Securities v. DB Structured Products, determining that the statute of limitations for claims of breaches of representations and warranties starts when a deal is closed – not when a potential breach is discovered. “Representations and warranties concern...

The Federal Housing Finance Agency settled $10.3 billion in legal claims in 2014 stemming from 11 non-agency MBS issues that go as far back as 10 years ago, noted the FHFA’s annual report to Congress released this week. These lawsuits were filed in 2011 against financial institutions along with some of their executive management including officers and directors. The suits alleged violations of federal securities laws and state laws in the sale of the non-agency MBS to Fannie Mae and Freddie Mac that took place in a two-year period during the housing downturn between 2005 and 2007. A number of issues contributed...[Includes one data table]

Despite having more than 21 months to admire its new integrated disclosure rule before it went into effect, the Consumer Financial Protection Bureau this week found an “administrative error” that would require a two-week delay for the scheduled Aug. 1 launch date. The agency decided to add another six weeks to the delay, making the new effective date Oct. 1, 2015. The CFPB said the additional time is to “accommodate the interests of many consumers and providers whose families will be busy with the transition to the new school year.” What about getting ready...

A California superior court last week ruled that Gov. Jerry Brown, D, illegally diverted more than $331 million from a landmark mortgage settlement fund to resolve a state budget deficit. The funds represented California’s share in the historic 2012 national mortgage settlement between federal enforcement agencies and 49 state attorneys general and the nation’s five largest mortgage servicers – Wells Fargo Bank, Bank of America, JPMorgan Chase, Citigroup and Ally Financial. The banks paid...

The CFPB took an ominous administrative action against PHH Corp. earlier this month over its captive reinsurance activities. Industry critics cried foul and warned of a potentially ominous legal precedent that threatens long-standing legal interpretations that have shaped the mortgage lending landscape for years.“The CFPB is trying to rewrite the Real Estate Settlement Procedures Act retroactively. It is stunning,” said one long-time industry lobbyist. “If the CFPB can illegally rewrite RESPA, they can attempt to rewrite TILA and other laws they choose.” The crux of the dispute is the bureau’s assertion that PHH violated RESPA by illegally referring borrowers to mortgage insurance companies in exchange for kickbacks.Back in January 2014, the CFPB initiated an administrative proceeding against PHH ...

RPM Mortgage of Alamo, CA, recently agreed to pay the CFPB $19 million to settle allegations that it incentivized loan officers to steer borrowers into higher cost mortgages by “illegally” paying bonuses to them. Overall, RPM wound up paying “millions of dollars” in such bonuses, the CFPB said. (In 2011, the bureau banned such incentive payments under its loan originator compensation rule.) According to a civil complaint filed in Federal District Court for the Northern District of California, the privately held nonbank allowed LOs to use expense accounts to pay for pricing incentives to close the loans. “From April 2011 through December 2013, RPM allowed loan originators to use their expense accounts to finance thousands of pricing concessions that enabled ...

The CFPB earlier this month ordered Guarantee Mortgage Corp., an independently owned mortgage-brokerage firm and mortgage banker headquartered in San Rafael, CA, to pay a civil money penalty of $228,000 for allegedly violating the agency’s loan originator compensation rule. According to the notice of charges, the nonbank – which is in the process of liquidating – paid its LOs, in part, based on the interest rate of the loans they were bringing in. The payments took place between April 2011 and August 2012, the bureau said. The consumer regulator said the “compensation was funded by payments Guarantee made to marketing services entities owned in part by the company’s branch managers and other Guarantee loan originators.” During the relevant period, Guarantee Mortgage paid ...

Nearly a score of industry trade groups sent a letter last week to the leadership of the House Financial Services Committee, urging them to pass legislation to provide a reasonable hold-harmless period for enforcement of the CFPB’s TILA-RESPA Integrated Disclosures (TRID) regulation for lenders trying to do their best to comply. “We appreciate that the bureau indicated it will be sensitive to the progress made by those entities that make good-faith efforts to comply,” the 19 groups said in a letter to Committee Chairman Jeb Hensarling, R-TX, and Ranking Member Maxine Waters, D-CA. “At the same time, the industry needs more certainty that their good-faith efforts to comply while still meeting consumers’ expectations do not expose lenders and settlement service ...

Securitization industry participants are concerned about a recent ruling in a federal appeals court that overturned longstanding preemption certain nonbanks have enjoyed from state laws, including standards for debt collection. The ruling in late May by the Second Circuit Court of Appeals in the case of Madden v. Midland Funding could pose “significant implications for the securitization industry,” according to the Structured Finance Industry Group. The case involves...

JPMorgan Chase recently won in a long-running lawsuit with Deutsche Bank, limiting potential liabilities it inherited from purchasing the embattled Washington Mutual in 2008 at the behest of federal banking regulators. U.S. District Court Judge Rosemary Collyer in Washington, DC, ordered that liabilities for representation-and-warranty breaches be split between JPMorgan and WaMu Mortgage Securities Corp. The judge decided that JPMorgan would be liable only to the extent that the liabilities were on WaMu’s books as of Sept. 25, 2008. The remaining liabilities would remain at WaMu. Only a short order was released...