The Department of Housing and Urban Development said it will share information soon on the estimated impact of mandatory, across-the-board spending cuts on HUD/FHA programs and their recipients. A HUD spokesman declined to put a sequestration tag on all affected programs, including FHA, saying details would be available as soon as the department notifies all HUD funding recipients of automatic spending cuts that went into effect last week. The mandatory cuts to defense and discretionary spending kicked in after Congress failed to enact a plan to reduce the deficit by $1.2 trillion over 10 years, as required by ...

Banks with major Ginnie Mae portfolios – and even smaller firms – increased their purchases of delinquent mortgages out of MBS pools in the fourth quarter compared to the third as a way to save money and refinance troubled loans. According to an analysis by Inside FHA Lending, the top 50 Ginnie Mae issuers bought $12.65 billion of problem loans out trusts in fourth quarter compared to $11.17 billion in the third, an increase of 13 percent. “Once you buy the loan it goes into your portfolio,” said Tim Rood, a partner in The Collingwood Group, a Washington-based advisory firm. “You can try to re-perform it and then re-securitize it,” he said. Wells Fargo, the largest Ginnie Mae servicer in the nation with a portfolio of $412 billion, purchased ... [1 chart]

The reverse mortgage lending industry has asked Senate lawmakers to expand the Department of Housing and Urban Development’s authority to strengthen its oversight of the Home Equity Conversion Mortgage program. Testifying before the Senate Committee on Banking, Housing and Urban Affairs recently, Peter Bell, president of the National Reverse Mortgage Lenders Association, said it is crucial for HUD to be able to act swiftly to reduce the risk the program poses to the FHA insurance fund. Bell said HUD needs to implement changes “in a matter of months, not years” and for that to happen, it would need authority from Congress to ...

When a lender like Wells Fargo – the top lender and servicer in the industry – describes a lengthy list of “pain points” in the new loan originator compensation rule issued by the Consumer Financial Protection Bureau, it’s fair to conclude the rule presents a huge challenge for mere mortals. During an Inside Mortgage Finance webinar last week on the bureau’s final rule, Amy Thoreson Long, senior counsel in the consumer lending division of Wells’ law department in Minneapolis, started with one of the most visceral issues for lenders: the human impact. “One of the big key things here is...

The five servicers participating in the $25 billion national mortgage servicing settlement could complete their borrower relief obligations well before the 2015 deadline, according to a report released late last week by the settlement’s monitor. However, complaints from borrowers regarding servicing are increasing, with greater scrutiny expected from the Consumer Financial Protection Bureau and the possibility of further requirements as part of the settlement. The five servicers participating in the settlement have $20.0 billion in consumer relief requirements and provided $45.8 billion in gross relief to borrowers through the end of 2012 as part of the settlement. However, most of the servicers have not yet met their relief requirements as the loss mitigation must be provided via a number of different tactics credited at varying levels. Short sales accounted...

A law firm and related parties that were sued last year by the CFPB for allegedly deceiving consumers via their mortgage loan modification operations have renewed their legal challenge to the appointment of Richard Cordray as director of the bureau, citing the recent ruling that President Obama’s recess appointments to the National Labor Relations Board were unconstitutional. The defendants in CFPB v. Chance Edward Gordon asserted last week that Cordray was appointed on the same day and in the same manner in which the...

Critics of the CFPB and industry opponents of its new ability-to-repay/“qualified mortgage” rulemaking quickly got excited when the Court of Appeals for the District of Columbia ruled recently in Noel Canning v. National Labor Relations Board that President Obama’s recess appointments of three officials to the NLRB were unconstitutional. Their hope was that the president’s appointment of Richard Cordray as director of the CFPB might similarly be invalidated. And perhaps more to the point, they hoped the...

The CFPB’s new mortgage servicing rule might bring clarity and consistency to the industry – but at a cost of increased litigation and enforcement actions, a top attorney said recently. “There has been and will continue to be a focus on the fact that the rule grants borrowers a private right of action associated specifically with loss mitigation and early intervention provisions,” said Michael Waldron, a practice leader in the mortgage banking group at Ballard Spahr. However, the reality is, the risk here is much broader. “The rules...

The CFPB published a final rule on disclosure of records and information earlier this month in which it did not back off of its insistence that it has discretionary authority to share confidential information with state attorneys general. Under the final rule, the CFPB is allowed to provide discretionary disclosures of confidential information to state AGs “to the extent that the disclosure of the information is relevant to the exercise” of the AG’s statutory authority. And the rule enables the bureau to similarly disclose...

The CFPB recently put out a request for information seeking public input on ways to provide struggling private student loan borrowers with more flexible, more manageable repayment options. Federal student loans frequently provide for income-based repayment options for borrowers with partial financial hardship, as well as rehabilitation options for borrowers in default, according to the bureau’s notice. However, “In general, private student loans do not offer similar modified repayment options.” In July, the director...