PIMCO led non-agency MBS investors in the filing of a class-action lawsuit against Citibank last week, alleging that Citi didn’t adequately perform trustee duties on MBS issued before the financial crisis. The lawsuit claims violations of New York’s Streit Act, which has been cited in several other lawsuits against trustees. PIMCO et al v Citibank was filed in New York’s state supreme court. Other investors involved in the filing include AEGON, Kore Advisors, Prudential and Sealink Funding Limited, and the plaintiffs aim to include all that have invested in 25 non-agency MBS where Citi is the trustee. The deals were issued...

In the ongoing Fairholme Funds v. The United States case, Judge Margaret Sweeney recently denied Fannie Mae’s motion to quash or invalidate a subpoena issued by the plaintiff’s counsel. As part of the discovery phase, Fairholme Funds asked that Egbert Perry, appointed chairman of the noard of Fannie in 2014 and board member since 2008, be called to testify in the case. In the motion, Fannie and Perry argued that based upon the discovery conducted so far, deposing Perry is “unnecessary and burdensome.” The court rejected that and other arguments made to relieve Perry of testifying. In the November order, Judge Sweeney said that the court permitted discovery in this case to ensure that plaintiffs would have every opportunity to...

Wells Fargo is reportedly under investigation for a practice that banks across the industry have relied on for years: cross-selling financial products to their customers. Big banks have been particularly upfront about how they see jumbo mortgages originated for portfolio as a way to cross-sell other products. Cross-selling financial products occurred without much regulatory scrutiny until a lawsuit by the Los Angeles City Attorney in May. LA City Attorney Mike Feuer alleged that Wells’ cross-selling activities violated California’s unfair competition law. The Office of the Comptroller of the Currency and the Federal Reserve Bank of San Francisco are also reportedly investigating Wells’ cross-selling. Feuer alleged...

The new and modified data required under the CFPB’s recently released Home Mortgage Disclosure Act final rule will probably result in greater regulatory and legal scrutiny of mortgage lenders, so covered institutions should take a proactive approach to implementation, according to top legal experts. In a recent client alert, the attorneys in the mortgage banking and consumer financial services groups at the Ballard Spahr law firm noted that the new and modified data will include “much more detail about applicants, borrowers, credit, collateral, loan type, pricing, fees, charges, the originator, and the covered institution. The new and modified data will enable regulators and private parties to analyze a lender’s practices in much greater detail than is currently possible.” Analyses of ...

The CFPB indicated in its recently released 2015 rulemaking agenda that it is continuing to finalize a proposal it published in December 2014 to amend certain aspects of the bureau’s 2013 mortgage servicing rules. The proposal addressed, among other things, enhanced loss mitigation requirements and compliance with certain rules when the borrower is a potential or confirmed successor in interest or is in bankruptcy. “We have been conducting testing of periodic statements for consumers in bankruptcy and are working to develop the final rule for issuance in mid-2016,” the CFPB said. The bureau also will continue working to support implementation of the multiple mortgage rules required by the Dodd-Frank Act, such as the Home Mortgage Disclosure Act rule, the integrated ...

The CFPB brought an administrative action earlier this month against a now-defunct online lender, Integrity Advance, and its CEO, James Carnes, for allegedly deceiving consumers about the cost of short-term loans – particularly the costs consumers would pay under the default terms of the contracts.The unlawful practices alleged by the CFPB include hiding the total cost of loans. According to the bureau, the lender gave consumers contracts with disclosures based on repaying the loan in a single payment, even though the default terms of the contract called for multiple rollovers and additional finance charges. “For example, under Integrity Advance’s default payment schedule, a consumer borrowing $300 would ultimately pay $765 in finance charges – $675 more than the $90 finance charge ...

The CFPB recently petitioned the U.S. District Court for the District of Columbia to enforce a civil investigative demand (CID) it issued back in August to the Accrediting Council for Independent Colleges and Schools (ACICS), despite congressional objections and arm-twisting. The CID was issued during a bureau probe of possible violations of the Consumer Financial Protection Act of 2010 or other federal consumer financial protection laws. “The CID issued to ACICS relates to a bureau investigation to determine whether any entity or person has engaged or is engaging in unlawful acts and practices in connection with accrediting of for-profit colleges” in violation of CFPA provisions addressing unfair, deceptive or abusive acts or practices, the CFPB told the court. The demand ...

The CFPB more than doubled the amount of money it collected in civil penalties in fiscal year 2015 compared with FY 2014, $183.1 million versus $77.5 million, according to the bureau’s recently released FY 2015 financial report. Total cash collections in the fund from its inception, as of Sept. 30, 2015, amount to $342.14 million. Of that total, $190.12 million has been allocated to victim compensation. An additional $13.38 million has been allocated to consumer education and financial literacy programs, the default destinations of a certain amount of the penalties when victims can’t be found or identified, or when payment isn’t “practicable,” according to the bureau. Meanwhile, approximately $2.07 million has been used by the CFPB as an “administrative set-aside.” ...

State Mortgage Regulators Bring $10.2 Million Enforcement Action Against Prospect Mortgage. The Multi-State Mortgage Committee recently announced a $10.2 million settlement agreement and consent order between 50 state mortgage regulators and Prospect Mortgage over allegedly inappropriately assessed third-party settlement fees charged by an affiliate. According to the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators, a multi-state examination performed by eight states revealed a pattern of charging improperly disclosed and unsupported fees paid to the company’s affiliate, C2C Appraisal Services. Under the terms of the agreement, Prospect is to pay restitution to every borrower in all participating states that was assessed a C2C Settlement Service Fee in the amount of $40 with interest of 10 ...

Industry Groups Call for Restructuring Bureau With Commission Leadership Structure. Two dozen industry trade groups sent a letter to the House and Senate chairmen and ranking members of the appropriations committees recently in support of legislation restructuring the CFPB with a five-member board leadership mechanism, instead of its current sole directorship structure. Their focal point is H.R. 1266, the Financial Product Safety Commission Act, bipartisan legislation approved on a bipartisan basis by the House Financial Services Committee. Similar legislation was included in Section 505 of S. 1910, the Fiscal Year 2016 Financial Services and General Government appropriations bill. “Looking ahead, the current sole director structure at the CFPB jeopardizes the foundation of the bureau as an objective, neutral consumer protection ...