In between the Federal Housing Finance Agency’s announcement of a new guaranty fee increase and the Senate’s confirmation of a new FHFA director, a Manhattan federal judge last week quietly issued a ruling that permits the agency to proceed with its residential mortgage-backed securites lawsuits. In the summer of 2011, the FHFA filed suit against 18 big banks in connection with flawed mortgage securities Fannie Mae and Freddie Mac purchased between 2005 and 2007. A number of defendants in the case, including a host of individuals, argued in an appeal filed in August that due to a 2005 change in Rule 430B of the Securities Act of 1933, they should not be held liable in the case.

The American Civil Liberties Union and the Center for Popular Democracy have filed a lawsuit under the Freedom of Information Act to compel the Federal Housing Finance Agency to provide details about its efforts to block municipalities from using eminent domain to prevent foreclosures. Filed in the U.S. District Court for the Northern District of California, the lawsuit seeks information regarding the FHFA’s relationship with big banks and MBS investors and whether such interests influenced the agency’s opposition. The suit was filed on behalf of community housing advocates in California, New Jersey and New York. Certain municipalities with large African-American and Latino populations, including Richmond, CA, and Irvington, NJ, are considering...

Fraud among jumbo borrowers is increasing, particularly regarding employment and income, according to industry analysts who say lenders should pay particular attention to fraud on loan characteristics that factor into qualified mortgage requirements and new ability-to-repay standards. “In high-cost markets, people tend to be willing to fudge a little bit on their income,” said Ann Fulmer, a vice president of industry affairs at Interthinx, during a webinar hosted this week by the provider of fraud-mitigation services ...

With one week left on Congress’ calendar year, Senate approval of S. 1376, the FHA Solvency Act of 2013, before the end of 2013 is becoming more unlikely, according to lobbyists. The bill is stalled and is unlikely to be brought to the floor any time soon. If the housing sector continues to improve, the government-sponsored enterprises continue to generate profit and the FHA’s newer books of business continue to perform well, passing GSE or FHA reform legislation next year would be an uphill battle, lobbyists said. The Congressional Budget Office estimates that implementing S. 1376 would result in ...

The Department of Housing and Urban Development has released a final rule defining a “qualified mortgage” that is insured by the FHA. The final rule will be effective on Jan. 10, 2014. The HUD rule builds off the QM/Ability-to-Repay rule, which the Consumer Financial Protection Bureau finalized earlier this year. The Dodd-Frank Act requires HUD to propose a QM definition that is aligned with the ability-to-repay criteria set out in the Truth in Lending Act and with the agency’s mission to ...

A Manhattan federal judge last week approved a proposed settlement by bankrupt Residential Capital with the Federal Housing Finance Agency to resolve billions of dollars in claims tied to toxic MBS sold to Fannie Mae and Freddie Mac during the run-up to the financial crisis. Judge Martin Glenn of the U.S. Bankruptcy Court for the Southern District of New York approved the agreement, which is tied to a settlement the FHFA reached with Ally Financial, ResCap’s former parent, in late October. Under the agreement, the FHFA will receive...

A Manhattan federal court this week approved a proposed settlement between Residential Capital and the Federal Housing Finance Agency that both clears the way for the former conduit to exit bankruptcy and brings the FHFA one step closer to completing its massive legal action against some of the nation’s top financial institutions.Judge Martin Glenn of the U.S. Bankruptcy Court for the Southern District of New York approved the agreement, which is tied to a settlement the FHFA reached with Ally Financial, ResCap’s former parent, in late October.

Expect the largest U.S. banks to continue to feel the effects of the mortgage implosion as they pony up over $100 billion to get out from under their legacy mortgage litigation issues, according to an analysis by Standard and Poor’s. Since 2009, S&P noted that the big banks – Bank of America, Citigroup, Goldman Sachs, JPMorgan Chase, Morgan Stanley and Wells Fargo – together have paid or set aside more than $45 billion for mortgage representation-and-warranty issues and have incurred some $50 billion in combined legal expenses. This does not include...

Representatives of community banks and credit unions again told sympathetic members of Congress about the harmful effects they anticipate upon their mortgage business once all of the related rules promulgated by the Consumer Financial Protection Bureau finally kick in come early January. “Every aspect of mortgage lending is subject to new, complex and expensive regulations that will upend the economics of this line of business,” Industrial Bank President and CEO Doyle Mitchell, representing the Independent Community Bankers of America, told members of the House Small Business Subcommittee on Investigations, Oversight and Regulations during a hearing this week. In particular, community bankers are deeply concerned...

Late last week, the CFPB released updates to its exam procedures in connection with the new mortgage regulations issued in January 2013 and amended through Oct. 15, 2013. The updates offer financial institutions and other industry participants valuable guidance on how the bureau will conduct examinations for compliance with the Truth in Lending Act and the Real Estate Settlement Procedures Act, the agency said. The bureau updated the supervision manual to reflect the renumbering of the consumer financial protection regulations for...