The whistleblower who gained fame and a lot of money from suing major banks for “robo-signing” and other improper mortgage servicing practices has filed an amended lawsuit accusing 22 companies of defrauding the Department of Housing and Urban Development of billions of dollars in false FHA claims. Lynn Szymoniak, whose 2011 interview on “60 Minutes” blew the lid off improper servicing practices at some major banks, filed a qui tam, or whistleblower, lawsuit in the U.S. District Court of South Carolina last week alleging violations of the federal False Claims Act and state false claims statutes. Defendants include CitiMortgage, Wells Fargo Bank, Bank of America, Deutsche Bank, HSBC USA, JPMorgan Chase and U.S. Bank, as well as servicers, trustees, custodians and title companies. The lawsuit seeks...

The new judge presiding over Bank of America’s $8.5 billion settlement with MBS investors this week countermanded, for the moment, last week’s approval of the deal by her predecessor, giving a major opponent of the agreement another chance to argue against it. New York State Supreme Court Justice Saliann Scarpulla agreed to delay approval of the deal until at least Feb. 19 to hear American International Group’s appeal. Last week, Justice Barbara Kapnick approved the settlement agreement, except for loan modification claims, as one of her last acts before she took a promotion to the state’s Appellate Division. BofA agreed...

Morgan Stanley & Co. this week disclosed in a filing with the Securities and Exchange Commission that it likely will pay $1.25 billion to settle charges that it sold faulty non-agency mortgage-backed securities to Fannie Mae and Freddie Mac in the years leading up to the financial crisis. The settlement, however, is not final “and there’s one more stop to it,” said one observer close to matter.

Government lawyers have run the numbers again and have now concluded that Bank of America should pay a lot more than the initially-sought $864 million penalty over mortgage fraud related to Countrywide Financial’s “Hustle” program. The Justice Department filed papers with Manhattan Federal Judge Jed Rakoff Wednesday requesting the Charlotte-based BofA be fined $2.1 billion for Countrywide’s fraudulent sale of toxic mortgages to Fannie Mae and Freddie Mac in the years leading up to the financial crisis.

A Manhattan federal bankruptcy court last week approved Lehman Brother’s proposed $2 billion-plus settlement that would end an $18.9 billion claim filed against the defunct investment bank by Fannie Mae over soured mortgage securities. Judge James Peck of the U.S. Bankruptcy Court for the Southern District of New York signed off on the settlement agreement between Lehman Brothers Holdings Inc. and the government-sponsored enterprise, as well as Lehman’s wholly owned subsidiaries Aurora Commercial Group and Aurora Loan Services. ALS was a large Alt A lender/servicer.

Graham Williams, CEO of Mortgage Resolution Partners, a firm that has achieved notoriety in the mortgage industry for trying to use eminent domain to seize underwater loans, is moving on. But that doesn’t mean the concept of municipalities using the legal strategy is going away. “I’m transitioning out of the CEO job,” Williams told Inside Mortgage Finance. “The company will continue on.” Asked whether a CEO search is underway, he said he didn’t know. As Inside Mortgage Finance went to press this week, there were...

The CFPB issued a report last week highlighting problems such as unfair and deceptive practices in the mortgage servicing market that the bureau uncovered through its supervision program in 2013. The CFPB’s supervisory report describes several instances where servicers violated the Dodd-Frank Act’s ban on unfair, deceptive or abusive acts and practices. For instance, examiners found that two servicers engaged in unfair practices by failing to honor existing permanent or trial loan modifications after a servicing transfer, which resulted in...

In a development that could be quite instructive for any recipient of a CFPB civil investigative demand, the bureau has denied the petition filed by CheckSmart Financial Company this past September to modify or set aside a CID it received from the agency in 2013. First, CheckSmart argued that the bureau’s CID does not provide sufficient notice of a lawfully authorized purpose because it did not adequately describe the conduct under investigation, and thus fails to comply with relevant portions of the Dodd-Frank Act. However, citing its rules relating...

Federal prosecutors have been successful in defending their use of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 in pursuing mortgage-related securities fraud and will continue to use the statute aggressively in enforcement actions barring any adverse court action, according to industry compliance experts. Only a handful of FIRREA cases were filed in the first 20 years after enactment of the statute, mostly simple fraud cases. In the last two years, however, the government has aggressively used FIRREA and the False Claims Act to target financial institutions for activities related to the origination, rating, securitization and servicing of residential mortgages. Of the two statutes, the government has pushed...

A Manhattan federal bankruptcy court this week approved Lehman Brother’s proposed $2 billion-plus settlement that would end an $18.9 billion claim filed against the defunct investment bank by Fannie Mae over soured mortgage securities. Judge James Peck of the U.S. Bankruptcy Court for the Southern District of New York, signed off on the settlement agreement between Lehman Brothers Holdings Inc. and the government-sponsored enterprise, as well as Lehman’s wholly owned subsidiaries Aurora Commercial Group and Aurora Loan Services. ALS was a large Alt A lender/servicer. The deal grants...