Wall Street giant Goldman Sachs this week announced it has set aside $1.45 billion for legal expenses for the second quarter of 2015, bringing its total anticipated legal costs so far to $5.9 billion to settle Department of Justice claims stemming from the sale of vintage non-agency MBS. A good chunk of that figure – $270 million – is expected to be tapped to resolve residential MBS litigation brought by pension funds led by NECA-IBEW Health & Welfare Fund of Illinois ...

M&T Bank is in talks with the federal government to resolve an investigation of a pre-crisis sale of FHA-insured and conforming mortgages to Fannie Mae and Freddie Mac that resulted in losses for the government-sponsored enterprises. The New York-based bank disclosed the settlement discussion in a second-quarter filing with the Securities and Exchange Commission and is cooperating with the investigation. The Department of Justice and the Department of Housing and Urban Development’s Inspector General are investigating whether M&T Bank complied with FHA’s underwriting guidelines as well as with guidelines for selling loans to Fannie and Freddie. It is unclear how much the FHA paid out in loss claims in this case but investigators said that, based upon their review of a sample of FHA loans for which a claim was paid, “some of the loans do not meet underwriting guidelines.” M&T Bank could be ...

A growing number of issuers are engaging in servicing transfers prematurely or making changes to their servicing platforms, causing problems for Ginnie Mae’s monthly pool-level and loan-level reporting. A Ginnie Mae issuer “transfers servicing” when it shifts in-house servicing to a subservicer, moves servicing from one subservicer to another, or relocates servicing in-house. Effective servicing as well as accurate and timely reporting are critical to Ginnie’s mortgage-backed securities program, the company said in recently issued guidance on servicing transfers. The new policy guidance would ensure that issuers have the capacity and oversight controls at all times to meet their obligations under the Ginnie Mae MBS program. Currently, issuers are required to obtain Ginnie’s approval before engaging in any servicing transfer with a subservicer or from one subservicer to another. Effective immediately, any issuer that wishes to ...

A California federal district court’s recent decision to reject fair housing claims related to FHA loans brought by the City of Los Angeles against Wells Fargo relied heavily on the U.S. Supreme Court’s recent decision on disparate impact, according to legal experts. Specifically, the U.S. District Court for the Central District of California granted summary judgment for Wells Fargo in a Fair Housing Act case brought by the City of L.A. The suit alleged that the bank’s mortgage lending practices had a disparate impact on minority borrowers, which resulted in a disparate number of foreclosures in minority areas. Wells Fargo was accused of reverse redlining since at least 2004 by imposing different terms or conditions on minority borrowers. The suit further alleged that Wells Fargo originated eight types of “predatory” home loans targeted to minorities. These loans include “high-cost” loans, subprime loans, interest-only loans, ...

A Miami FHA lender and two of his associates plead guilty to a mortgage fraud scheme that cost the FHA approximately $64 million in losses. Hector Hernandez, owner of Great Country Mortgage Bankers and a real estate developer, and his business partner Aleida Fontao each pleaded guilty to conspiracy to commit wire fraud. Olga Hernandez, an underwriter for Great Country, confessed to falsifying information in borrowers’ loan applications to make them appear qualified. According to the DOJ, Great Country was a direct endorsement lender that made loans to first-time homebuyers and borrowers with imperfect credit and low credit cores. Hernandez and Fontao admitted to pressuring their loan officers to approve and close loans based on fraudulent income and employment information. Borrower credit histories were altered to make them look good. The senior underwriter admitted to providing false information to her co-workers and endorsing borrowers’ applications despite knowing that they did not qualify for the loans.

The Consumer Financial Protection Bureau appears to have declared war on several decades’ worth of business practices as it encourages lenders and real estate service providers to end their “marketing service agreements” with each other. Moreover, according to industry officials, the CFPB is just getting started on its crackdown as it tries to eliminate both legal and under-the-table business arrangements where a lender – in theory – provides something of value to vendors that it’s conducting business with. The first sign that the mortgage industry is concerned...

A highway funding bill signed by President Obama late last week included a provision aimed at collecting more taxes related to interest payments on mortgages. The mortgage industry noted that it won concessions on the provision, delaying the implementation date and limiting the amount of data to be collected. The brunt of the new revenue also looks as though it will be collected from borrowers. H.R. 3236, the Surface Transportation and Veterans Health Care Choice Improvement Act of 2015, included a seemingly simple provision regarding the reporting of mortgage interest on IRS Form 1098. Servicers use the form to report mortgage interest of $600 or more received during a year. The highway funding bill will require...

The Blackstone Group this week finally completed its purchase of all or parts of PMAC Lending, a California-based lender that will help the investment banking firm establish itself in the red-hot West Coast mortgage market. Although the publicly traded Blackstone has maintained a cone of silence regarding its talks with PMAC, employees of the Chino Hills lender began reporting the news themselves through various social media outlets, including Facebook. At least two other nonbank lenders are in talks with Blackstone, one in California and one in Pennsylvania. A spokeswoman for Blackstone declined...

Among the findings of the eClosing pilot project run by the Consumer Financial Protection Bureau is the need for greater coordination and cooperation between lenders, technology vendors and settlement agents, pilot participants revealed this week. Speaking at a CFPB forum to announce the results of the bureau’s recently concluded eClosing initiative, Jim Connell, chief information officer for Sierra Pacific Mortgage, said one of the biggest lessons his company learned was the importance of coordinating with the settlement agents. “We had already passed...

The U.S. Court of Federal Claims Court ordered the U.S. Treasury to release all discovery documents pertaining to the conservatorship of Fannie Mae and Freddie Mac last week in connection with the Fairholme Funds v. The United States case. In a move forcing the U.S. Treasury to release all discovery documents pertaining to the GSE conservatorship, a court ruling last week is a rare legal victory for Fannie Mae and Freddie Mac investors. Attorneys for Fairholme believe that the government is deliberately stonewalling, making it more difficult to get a true understanding of the events and decisions leading up to the third amendment sweep.