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Court Finds Servicers are Subject to California Escrow Rules, More Preemption Battles Likely

March 22, 2018
An appeals court ruling this month against Bank of America regarding compliance with a state law on escrow accounts has broad implications for banks that rely on federal preemption of state laws, according to industry attorneys.
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Bankruptcy Court Sides with Lehman on Valuation of Trustees’ Legacy MBS Claims

March 16, 2018
A New York bankruptcy judge has ordered the bankruptcy estate of Lehman Brothers Holdings to pay $2.38 billion to cover legacy residential MBS claims filed by trustees in 2008.
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HUD, FDIC Announce Auctions of Reverse Loans; HECM RMBS Rated

March 9, 2018
The Department of Housing and Urban Development and the Federal Deposit Insurance Corp. have announced offerings of multiple residential reverse mortgage pools for sale to investors. The HUD pools are comprised of approximately 650 reverse mortgage notes with a total loan balance of about $136 million. The sale consists of due and payable first-lien reverse mortgages secured by single-family, vacant residential properties where all borrowers are deceased and none is survived by a non-borrowing spouse. The reverse-mortgage sale is the third offering of its type. As with past offerings, the sale will be by competitive bidding on April 11, 2018. The loans will be sold without FHA insurance and with servicing released. The loans are expected to be offered in regional pools. Meanwhile, the FDIC will unload in open auction 3,280 FHA-insured reverse-mortgage loans from the ...
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Carson Denies Removal of Fair Housing, Inclusiveness Language

March 9, 2018
Realtors and fair-lending advocates are outraged over reports that Housing and Urban Development Secretary Ben Carson has ordered the removal of language ensuring “inclusiveness and discrimination-free communities” from the department’s mission statement. A spokesperson for HUD denied the report, blaming it on faulty reporting by the Huffington Post on March 6. Carson later followed up with his own denial in an open letter to HUD employees, which the department made public. The initial press report cited a March 5 memo written by Amy Thompson, assistant secretary for public affairs, and addressed to HUD political staff. In the memo, Thompson talked about ongoing efforts to update the mission statement to align HUD’s mission with the Trump administration’s priorities. She added that Carson helped in the development of the new statement as well as urged senior staff to ...
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Failed TBW’s Audit Firm Agrees to Settle False Claims Act Allegations

March 9, 2018
Accounting firm Deloitte & Touche has agreed to pay the federal government $149.5 million to settle False Claims Act liabilities arising from its audits of failed FHA lender Taylor, Bean &Whitaker Mortgage Corp.Deloitte was TBW’s independent outside auditor from 2002 through 2008, when the subprime mortgage market unraveled, triggering a financial and housing crisis. The Department of Justice alleged that, during the period in question, TBW had been running a fraudulent scheme involving the purported sale of fictitious or double-pledged mortgages. According to court documents, Lee Bentley Farkas, former chairman of TBW, and six other banking executives engaged in a more than $2.9 billion fraud scheme that contributed to the failures of Colonial Bank and TBW. Farkas and his crew allegedly misappropriated in excess of $1.4 billion from Colonial Bank’s warehouse lending division in Orlando, FL, and approximately $1.5 billion from Ocala Funding, a mortgage-lending facility controlled by TBW.
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New York AG Announces Major Settlement with RBS over Allegedly Deceptive MBS Practices

March 9, 2018
New York Attorney General Eric Schneiderman this week announced a $500 million settlement with Royal Bank of Scotland to resolve allegations of misconduct in the sale and issuance of non-agency MBS leading up to the 2008 financial crisis.
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FHA, VA Deliveries into Ginnie Pools Down in 2017; CA Leads All States

March 9, 2018
The volume of FHA and VA loans securitized in Ginnie Mae pools in 2017 declined from the previous year, according to an analysis of agency data. FHA loans delivered into Ginnie mortgage-backed securities last year totaled $250.5 billion, down 8.7 percent from 2016. Purchase loans comprised 69.6 percent of Ginnie MBS issuances backed by FHA loans over the 12- month period, while refinances accounted for 24.8 percent. FHA borrowers had an average FICO score of 675.3, suggesting a more traditional borrower base of first-time homebuyers and borrowers with credit issues. The FHA loans that were securitized had an average loan-to-value ratio of 92.8 percent and a debt-to-income ratio of 41.3 percent. California led all states in FHA mortgage securitization, with $39.0 billion for all of last year. FHA originations, however, dropped 16.6 percent year-over-year. The other top states in terms of ... [ charts ]
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Supreme Court Declines to Hear GSE Shareholders Case

March 2, 2018
GSE shareholders lost their latest battle against the government’s preferred stock purchase agreement as the U.S. Supreme Court declined to hear their case last week. After a lower court ruled against claims arguing the validity of the Treasury sweep of Fannie Mae and Freddie Mac profits, investors hoped to plead their case to the high court. Plaintiffs, including Fairholme Funds, Perry Capital and other shareholders, filed a writ of certiorari last year asking the Supreme Court to intervene in their cases. Both Perry and Fairholme have large holdings of the GSEs’ preferred shares. Back in 2014, a judge for the District of Columbia U.S. District Court dismissed claims brought against the government saying that the Housing and Economic Recovery Act of 2008 gives...
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Fannie Mae, Freddie Mac Shareholder Case Against Treasury Rejected by Supreme Court

March 2, 2018
Fannie Mae and Freddie Mac shareholders who are contesting the government’s net worth sweep may have few options left now that the Supreme Court of the United States has rejected their plea for appeal of lower court rulings that went against them.
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GE Weighs Settlement in Anticipation of DOJ Action Against Defunct Subprime Mortgage Subsidiary

March 1, 2018
General Electric is exploring the possibility of a settlement with the Department of Justice to resolve an ongoing federal investigation of its discontinued pre-crisis subprime mortgage business, known as WMC.
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