SunTrust Mortgage, based in Richmond, VA, agreed to pay a total of $968 million to settle allegations of origination and servicing wrongdoing under a consent order brought by the CFPB. The Department of Justice, the Department of Housing and Urban Development and state attorneys general from 49 states and the District of Columbia joined in the settlement, which stemmed from the National Mortgage Servicing Settlement. The company will provide $500 million in loss-mitigation relief to underwater borrowers. The order also will require SunTrust to pay $40 million to approximately 48,000 consumers who lost their homes to foreclosure, and $10 million to cover losses it caused to the FHA, the Department of Veterans Affairs, and the Rural Housing Service. The order...

The CFPB recently ordered a New Jersey company, Stonebridge Title Services Inc., to pay a $30,000 civil penalty to the bureau for allegedly paying illegal kickbacks for referrals. According to the CFPB, Stonebridge paid commissions to more than 20 independent sales representatives who referred title insurance business to Stonebridge. Stonebridge solicited people to provide it with referrals of title insurance business, offering to pay commissions of up to 40 percent of the title insurance premiums Stonebridge itself received, the bureau alleged. “These practices violated Section 8 of the Real Estate Settlement Procedures Act, which prohibits kickbacks and payment of unearned fees in the context of residential real estate transactions,” the CFPB said. Paying commissions for referrals is allowed under RESPA ...

If compliance professionals are fortunate enough to discover a compliance issue before the CFPB does, they’ll likely be best served by self-reporting to the CFPB – after they get to the root cause of the problem and begin remediation efforts. That was perhaps the single most important take-away from one of the breakout sessions at the American Bankers Association’s 2014 regulatory compliance conference, held in New Orleans earlier this month. According to Christopher Spellman, corporate compliance director for Heartland Financial USA, the first step in the process is, what is the issue and how was it discovered? “The answer to that question can impact the remediation process,” Spellman said. “Obviously, it’s best if you discover it yourself internally,” said John Podvin ...

As the lending compliance landscape continues to evolve under the influence of multiple CFPB rulemakings, it’s critical compliance professionals keep their eyes on emerging risks as soon as they develop, compliance professionals said during the American Bankers Association’s recent 2014 regulatory compliance conference held earlier this month in The Big Easy. “Inevitably, I always have someone ask me what things keep me up at night. For me, I could pull out a list of all the issues I’ve identified and am working on,” said Carol Yee, chief compliance officer for People’s United Bank in Bridgeport, CT. “But what really keeps me at night are the things I have not detected. These are the emerging risks that are developing and that ...

Multiple lender industry representatives have asked the CFPB to extend the 30-day comment period to weigh in on the bureau’s proposal to ease financial institutions’ annual privacy-notice requirement under the Gramm-Leach-Bliley Act by creating an alternative delivery method which financial institutions would be able to use under certain circumstances. “The proposal describes an alternative method for delivering privacy notices with numerous conditions and qualifications that have not been previously articulated,” the industry groups said. For example, in order to take advantage of the alternative delivery method, financial institutions must not only limit their information sharing to one of the established exceptions but must also provide an alternative annual notice, maintain a dedicated webpage, offer customers a toll-free number and institute ...

SunTrust Mortgage’s recent settlement of a dispute with the federal government and 49 state attorneys general over defective FHA loans and Wells Fargo’s losing bid to quash a similar lawsuit are raising concerns about doing business with the FHA. Industry attorneys say the lesson for lenders in these recent industry debacles is that it is “extraordinarily dangerous” to do FHA loans these days given the outcome of the two cases. It is also getting harder to trust mortgage settlement agreements with the government, they added. “The scariest part in all these is the combination of government forces involved in these claims – state AGs, Department of Justice, Department of Housing and Urban Development and the Consumer Financial Protection Bureau,” said an attorney, who worked on both cases. “When they want to get you, they can get you.” Others believe these developments could have a ...

Two federal agencies have announced separate actions to protect reverse mortgage borrowers and rural home purchasers from deceptive advertising and marketing. This week, the FHA warned lenders participating in the Home Equity Conversion Mortgage program not to use misleading or deceptive language in marketing FHA-insured reverse mortgages to consumers. The FHA said the guidance is intended to protect HECM borrowers from advertising and presentations that appear to limit their options rather than informing them of the full range of available HECM products. Underscoring senior borrowers’ “freedom of choice,” FHA Commissioner Carol Galante said the agency wants lenders to know their marketing and advertising practices are under constant surveillance to prevent customers from being steered to unsuitable reverse mortgage products. Galante noted the ...

Barring any unpleasant news, Julian Castro, President Obama’s nominee for secretary of the Department of Housing and Urban Development, apparently has passed his job interview with the Senate Banking, Housing and Urban Affairs Committee. This week, Castro, a three-term mayor of San Antonio, TX, laid out his priorities as HUD secretary before committee members if he is confirmed for the job. Castro underscored the importance of “partnership and pragmatism” as the key drivers in running a city. As HUD secretary, Castro said he would enhance “cross-agency collaboration” and emphasize the value of “measuring results” by setting precise goals, consulting with the public on major issues, developing a public report card and annual updates – tools he employed in his municipal housing education and affordable housing initiatives in San Antonio. As mayor, Castro worked to ...

The FHA’s Homeowners Armed With Knowledge (HAWK) pilot program is getting strong public support, particularly from first-time homebuyers and housing counselors.Based on comments received by the Department of Housing and Urban Development so far, the HAWK pilot is already taking hold in the public’s mind despite its limited publicity. -Rachel Andreyo, a new college graduate who was turned down recently for a mortgage loan pre-approval, said HAWK not only would educate potential first-time homebuyers about homeownership but also raise their hope of becoming a homeowner before the age of 30. “The knowledge this program would provide could be a game changer for young people and struggling Americans everywhere,” she wrote. Shawanda Walker, a single mother, sees HAWK as an opportunity for her to learn how to negotiate her first home purchase, learn about property taxes and ...

In a few weeks, Fannie Mae and Freddie Mac will release second quarter results, likely posting positive earnings, but the revenue figures will not include any major boost from legal settlements or the recapture of previously set-aside loan loss reserves. In short, what the two government-sponsored enterprises report in earnings for the second quarter should reflect what their operating profits might look like going forward, given normal market conditions. However, over the past six months, the CEOs of Fannie and Freddie and top officials at the Treasury Department – the owner of its senior preferred shares – have consistently argued...