The FHA plans to issue a proposed rule in the fall that would allow it to insure single-family condominium units in multifamily projects, according to the agency’s regulatory agenda for the second half of 2015. The proposed rule would cover condo units that are attached, detached, semi-detached or manufactured. It would apply as well to undivided interests in the common areas and facilities that serve the project. The proposed change would clarify and ensure lender compliance with the Housing and Economic Recovery Act of 2008. HERA moved FHA’s authority to insure single-family condominiums from Section 234 to Section 203 of the National Housing Act. However, because Section 203 does not provide the same authority for FHA, rulemaking became necessary. HERA also granted FHA the authority to issue administrative notices to convey condominium policy guidance until a ...

The Consumer Financial Protection Bureau threw the book at PHH Corp. over its captive reinsurance activities, refuting a handful of court rulings, an administrative letter from the Department of Housing and Urban Development and several points made by an administrative law judge. CFPB Director Richard Cordray overrode a $6.4 million penalty set by an ALJ in the matter and ordered PHH to pay $109.2 million – all the mortgage insurance premiums it received from its captive reinsurer, Atrium, after July 2008, regardless of when the loan was originated. July 2008 was...

RPM Mortgage recently agreed to pay the Consumer Financial Protection Bureau $19 million to settle allegations that it violated the agency’s loan officer compensation rule by steering consumers to costlier mortgages and then paying illegal bonuses to LOs for bringing in the higher yielding paper. But shortly after the ink was dry on the June 4 settlement announcement, the privately held RPM and its owner and CEO Robert Hirt went on the offensive, trying to give its side of the story in regard to one pertinent fact: the higher yielding mortgages cited by the agency. A spokeswoman for RPM contacted...

After being indicted for loan fraud in 2012, Abacus Federal Savings Bank was acquitted of grand larceny and conspiracy charges last week that stemmed from a case brought by the New York District Attorney’s office that involved Fannie Mae. The small Manhattan-based bank, which primarily serves Chinese-Americans in the New York region, was accused of mortgage fraud and falsifying documents and then selling those faulty mortgages to Fannie from 2005 to 2010. Following a four-month trial and nine days of deliberations, a New York jury acquitted...

For the first time, individual shareholders have brought a suit against the Federal Housing Finance Agency alleging that the Treasury profit sweep was illegal and accused the agency of violating the Housing and Economic Recovery Act. The May lawsuit was filed in the U.S. District Court for Northern Iowa by three individual shareholders who owned stock in Fannie Mae and Freddie Mac prior to the Third Amendment.Thomas Saxton owns shares in the Z series of Freddie preferred stock and he owns shares of Freddie common stock with Ida Saxton.The pair own common stock both jointly and individually and acquired their shares in 2008. The third plaintiff is Bradely Payner, who owns shares of Fannie common stock.

Nevada Addresses ‘Super Lien’ Concerns. Nevada’s governor signed legislation last week addressing concerns raised by the FHFA regarding homeowners’ association liens. In September, the Nevada Supreme Court determined that an HOA super lien has priority lien status, which can trump the GSEs’ first lien status during foreclosure. Senate Bill 306 in Nevada aimed to address some of those issues by establishing a new limited right of redemption for lien holders after an HOA foreclosure sale, among other provisions. The FHFA has repeatedly noted it has an obligation to protect the GSEs’ rights, and will aggressively do so by bringing or supporting actions to contest HOA foreclosures that purport to extinguish GSE property interests in a manner

Last week’s $9 million settlement between wholesale lender Provident Funding and the Consumer Financial Protection Bureau and the Department of Justice to resolve allegations of excessive discriminatory fees on the part of independent mortgage brokers, has some key takeaways for the rest of the mortgage industry, top compliance attorneys say. “The first is that it obviously signals that mortgage lending is still on the radar at these agencies,” even though their attention has evolved into other types of lending products, “and they are still concerned with wholesale mortgage pricing,” said Melanie Brody, partner and co-lead of the fair lending practice at the K&L Gates law firm in Washington, DC. She also noted...

A federal district court judge in Washington, DC, has granted Quicken Loan’s motion to stay a government lawsuit until another federal judge in Detroit decides whether to proceed with Quicken’s preemptive lawsuit against the government. The decision by U.S. District Court Judge Reggie Walton in Washington would give Quicken the opportunity to shine light on FHA compliance issues, loan sampling and the Department of Justice’s use of the False Claims Act to prosecute FHA lenders. Such enforcement actions have resulted in more than $4.5 billion in settlements with FHA lenders. In April, Quicken sued...

The Supreme Court of the U.S. this week ruled unanimously in favor of Bank of America regarding two lawsuits involving negative equity, second liens and Chapter 7 bankruptcy. While the ruling favors holders of second liens, industry analysts suggest that it could have an impact on loss mitigation negotiations between lien holders and prompt borrowers to shift to Chapter 13 bankruptcy filings. The cases considered were Bank of America v. Caulkett and Bank of America v. Toledo-Cardona. In both cases, borrowers in a negative equity position on their second liens sought to void the second liens as part of a Chapter 7 bankruptcy. The Eleventh Circuit Court of Appeals had ruled in favor of borrowers in such cases. “The court’s decision not only resolved...

The CFPB and the Florida Attorney General’s office were granted a $27.7 million final judgment on Friday against the Hoffman Law Group and corporate affiliates, which allegedly used deceptive marketing practices and scammed distressed homeowners into paying illegal advance fees. The lawsuit named Hoffman Law Group (formerly Residential Litigation Group), its operators, Michael Harper, Benn Willcox and attorney Marc Hoffman, and its affiliated companies, Nationwide Management Solutions, Legal Intake Solutions, File Intake Solutions, and BM Marketing Group, all based in North Palm Beach, FL. The two government agencies accused the companies of tricking consumers into paying millions of dollars in illegal upfront fees to join frivolous lawsuits that the companies falsely claimed would pressure banks to modify their loans or ...