A U.S. Senator’s call for a Department of Justice investigation into whether Lender Processing Services used an improper fee structure to double-bill underwater homeowners for servicing fees related to processing foreclosures and bankruptcies is off the mark and old business, say industry observers. In a letter sent last week to Attorney General Eric Holder, Sen. Ron Wyden, D-OR, cited concerns brought to his attention by an industry professional that Jacksonville, FL-based LPS engineered a scheme to charge homeowners or mortgage investors for foreclosure-related legal services provided by the company’s preferred network of law firms. Banks using LPS network law firms would receive free access to the firm’s mortgage-processing software, according to the letter. “The ramifications of this case, however, seem...

The CFPB and other federal defendants have filed to dismiss a legal challenge to the bureau’s authority to identify “unfair, deceptive, or abusive” acts or practices, and the related assertion that President Obama’s appointment of Richard Cordray as director of the bureau was invalid because the Senate allegedly was not in recess at the time of the appointment. The case is State National Bank of Big Spring, et al., v. Neal S. Wolin, in his official capacity as Acting United States Secretary of the Treasury and ex officio Chairperson...

The Department of Justice has filed a 20-page brief with the U.S. Court of Appeals for the Third Circuit in an attempt to dissuade the court from embracing the D.C. Circuit Court’s ruling in Noel Canning v. National Labor Relations Board, in which the court declared unconstitutional President Obama’s recess appointments of three members of the NLRB. “The Noel Canning decision conflicts with nearly two centuries of executive branch practice and the decisions of three other courts of appeals, two of them sitting en banc,” Beth...

A legal argument by the CFPB in a Fair Debt Collection Practices Act case, Marx v. General Revenue Corp., was recently rejected by the Supreme Court of the United States. The SCOTUS ruled that a prevailing defendant can recoup costs even if there is not a court finding that the plaintiff filed suit in bad faith and for the purpose of harassment. In this case, petitioner Marx filed suit, alleging that General Revenue Corp. (GRC) violated the FDCPA by harassing and falsely threatening her in order to collect on...

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...