The CFPB recently brought enforcement actions against two large debt buyers and collectors, Encore Capital Group, in San Diego, and Portfolio Recovery Associates, in Norfolk, VA, accusing the companies of using deceptive tactics to collect bad debts. The bureau said the companies bought debts that were potentially inaccurate, lacking documentation or unenforceable. “Without verifying the debt, the companies collected payments by pressuring consumers with false statements and churning out lawsuits using robo-signed court documents,” said the CFPB. In terms of the companies’ allegedly illegal litigation practices, the CFPB accused the pair of misrepresenting their intention to prove debts they sued consumers over. They also allegedly sued or threatened to sue consumers past the statute of limitations. Further, the companies allegedly ...

he CFPB and the Department of Justice said in an amicus brief with the Supreme Court of the United States that a plaintiff does not necessarily have to prove actual harm from a violation of the Fair Credit Reporting Act in order to have standing under Article III of the U.S. Constitution. The specific question in Spokeo, Inc. v. Robins is whether the respondent (Robins) identified an Article III injury-in-fact by alleging that the petitioner (Spokeo) had willfully violated the FCRA by publishing inaccurate personal information in consumer reports – in this case, on a consumer-reporting type website – without following reasonable procedures to assure the information’s accuracy. In their brief, the CFPB and DOJ argue that the invasion of the respondent’s ...

Two nonbank mortgage lenders ran afoul of the CFPB in its enforcement of the loan originator compensation rule, and other lenders would do well to learn from their experiences. During a recent webinar sponsored by Inside Mortgage Finance, an affiliated newsletter, former CFPB official Benjamin Olson, now a partner at the law firm of BuckleySandler, talked about two related enforcement actions the bureau brought against California-based nonbank mortgage lenders, Franklin Loan Corp. in November 2014 and RPM Mortgage, Inc., in June of this year. Both cases zeroed in on the lenders’ use of expense accounts to pay originators’ bonuses and commissions. The practice cost Franklin $730,000 and RPM $19 million. Olson noted the CFPB allegations were based on expense accounts ...

Documents pertaining to the conservatorship of Fannie Mae and Freddie Mac, and the controversial change that strips the government-sponsored enterprises of net worth, will remain sealed, under a September court order in a lawsuit filed by private GSE shareholders. Judge Margaret Sweeney’s ruling in Fairholme Funds v. The United States went in favor of the Federal Housing Finance Agency to keep the documents under “protected information,” denying a motion by Fairholme to release the documents. Charles Cooper, attorney with Cooper & Kirk, the law firm representing the investors, told...

The recent dismissal of class-action shareholder lawsuits against Ocwen Financial suggests that it takes more than a sharp decline in a company’s stock for investors to prevail in court. In early September, a federal judge dismissed class-action lawsuits that were filed against Ocwen Financial, Altisource Portfolio Solutions and certain officials at the firms. United Union of Roofers v. Ocwen and West Palm Beach Firefighters Pension Fund v. Altisource were filed on behalf of investors that purchased stock in the companies between early 2013 and December 2014. In that span, the companies’ stock prices declined...

Ginnie Mae securitized $14.2 billion of VA jumbo loans in the first half of 2015, more than double the volume seen during the same period a year ago. VA securitization data for the first six months reflect an upward trend in VA loan originations, which lenders attribute to better outreach to veterans and servicemembers and aggressive marketing strategies. VA jumbo securitization in the first half of the year was up 120.7 percent from the same prior-year period. Volume also was up 13.9 percent in the second quarter from the previous quarter. All top-five VA jumbo securitizers reported large gains year over year, but four showed volume decreases quarter over quarter. Third-ranked PennyMac recorded a 3.4 percent gain in the second quarter from the prior quarter. The top five, in sequential order – Wells Fargo, Freedom Mortgage Corp., PennyMac Corp., U.S. Bank and Quicken Loans – accounted for ... [ chart ]

FHA jumbo securitization continued to rise over the first six months of 2015 on the back of soaring FHA jumbo production in the second quarter. FHA jumbo originations in the second quarter more than doubled to $6.8 billion, according to the Inside Mortgage Finance database. FHA data showed that the jumbo share of originations was highest in conventional-to-FHA refinance (14.9 percent) and streamlined FHA refis (13.3 percent,) but just 9.0 percent for purchase loans. Delivery of FHA jumbos, including modified loans, into Ginnie Mae jumbo mortgage-backed securities rose 131.9 percent in the second quarter from the prior quarter and was up 115.8 percent compared to the first six months of 2014. Wells Fargo led the market in the first half with $1.4 billion in jumbos contributed to MBS, up 123 percent quarter over quarter. That was good enough for a 12.7 percent market share. PennyMac Corp. accounted for ... [ chart ]

Wells Fargo this week reinstated the 640 minimum credit score requirement, following through on its threat to re-impose credit overlays due to its frustration with FHA’s republished loan-level certification proposal. Officials said the re-proposed version of the proposal, which was initially issued for comment in May, still disappoints in spite of industry input to put concerned FHA lenders at ease (See next story for background). In 2014, Wells dropped the minimum credit-score requirement to 600 for FHA borrowers after talks with the Department of Housing and Urban Development and policymakers. The FICO readjustment applies to Wells’ FHA retail purchase loans, aligning it with the 640 minimum credit score requirement for the bank’s correspondent business. In a previous statement, Wells reiterated the need for clearer rules in order to ...

FHA lenders funded $7.8 billion in new Home Equity Conversion Mortgage loans during the first half of 2015, up 8.2 percent from the same period a year ago. HECM loan production was slower in the second quarter with originations down 1.1 percent from the prior quarter. Purchase loans accounted for 86.1 percent of all HECM transactions during the first six months. Interestingly, borrower bias against adjustable-rate loans appeared to have eased. Fixed-rate HECMs accounted for only 15.4 percent of originations during the first half of the year. Initial principal amount at loan origination totaled $4.6 billion over the same period. On a fiscal year-to-date basis, the FHA reported a total of 53,372 HECM endorsements, up from 47,662 HECM endorsements in fiscal YTD 2014. Meanwhile, HECM endorsed cases increased to 5,750 in August compared to ... [ chart ]

The Department of Housing and Urban Development recently saw its long-running attempt to recover $179 million from a bankrupt FHA lender come to a disappointing close, receiving only a little over half-a-million dollars after liquidation. HUD’s Inspector General gave the agency the green light to book its share of funds available to pay an $89.9 million HUD claim against the now-defunct lender Taylor, Bean & Whitaker, ending further action against the company. In 2006, whistleblowers filed a “qui tam” lawsuit in federal district court in Georgia alleging that TBW and Home America Mortgage had falsely certified and approved poorly underwritten loans for FHA insurance. In 2009, the two mortgage lenders filed for bankruptcy separately but were later consolidated by the court into one bankruptcy case. In May 2010, the Department of Justice, on behalf of HUD, filed a ...