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Home » Topics » Inside the CFPB » Enforcement

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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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Experts Expect More Anti-Churning Policies, Measures from GNM

February 26, 2018
Analysts are monitoring prepayment speeds to see if Ginnie Mae’s efforts to curb serial refinancing or loan churning are having an impact. Wells Fargo Securities analysts said a conversation about churning has started with a handful of Ginnie mortgage-backed securities issuers, which “should be a net benefit for MBS,” especially for higher coupons where outlier speeds are most prevalent. In a recent alert, the analysts said the momentum continues to build to curb churning of VA loans following notification of lenders suspected of engaging in the activity. Nine issuers have received written warnings based on unusual prepayment rates in VA-backed MBS. Such deviations from market norms for an extended period are not acceptable because they put veterans’ earned benefits at risk, the agency said. The outliers were discovered after a comprehensive review of issuer performance and ...
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Issuers Deny Churning VA Loans, Say Preventive Policies are In Place

February 26, 2018
Issuers Ginnie Mae had targeted for allegedly churning VA loans have denied engaging in the practice. Flagstar Bank and NewDay Financial said they have policies and procedures to prevent churning, or serial refinancing, but offered no explanation as to why they were on Ginnie’s list. Both companies were among the nine issuers Ginnie notified earlier this month for performance that “is materially worse than its peers as to be an outlier.” The agency made its determination after analyzing pool characteristics of all issuers. The analysis revealed an unusually higher prepayment rate for securitized VA loans over a long period for all nine issuers compared to other issuers. “Under the analysis, [a] handful of issuers was shown to be consistent material outliers over an extended period,” said Ginnie. “The [review] identified market participants whose pool performance clearly and persistently deviates from ...
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19% of Seniors’ Mortgage-Related Gripes Were About FHA, VA, HECMs

February 26, 2018
Approximately 19 percent of mortgage-related complaints filed by senior citizens with the Consumer Financial Protection Bureau over the last two years involved FHA forward and reverse mortgages and VA loans, according to the CFPB complaints database. The bureau received 8,323 complaints from the elderly between 2016 and 2017 regarding their experiences with FHA, VA, and Home Equity Conversion Mortgages, home-equity loans or lines of credit, conventional mortgages and other home-loan products. Over the two-year period, seniors reported 1,562 problems with their FHA mortgages (702 complaints), reverse mortgages/HECMs (488) and VA-guaranteed loans (372). Conventional mortgages received the highest number of senior citizen complaints (4,240) during the period, while home-equity loan products and other mortgages garnered 780 and 1,741 complaints, respectively. Total complaints overall began trending downward in the first quarter of 2017, from 1,241 to 508 in the ... [Chart]
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