Industry participants have raised a number of concerns about a proposed rule issued in April that would implement minimum requirements for appraisal management companies, which are intermediaries between appraisers and lenders. Federal regulators in April issued a proposed rule that would implement AMC provisions mandated by the Dodd-Frank Act, including a ban on AMCs providing appraisal management services for federally related transactions in states that haven’t established regulations for AMCs. The Consumer Mortgage Coalition said...

Disparate impact litigation apparently is one of those gifts that keeps on giving. Once again, the Supreme Court has been given an opportunity to receive one of those gifts, as the Texas Department of Housing and Community Affairs recently asked the justice to agree for what would be the third time to take on the issue of disparate impact claims brought under the Fair Housing Act. CFPB observers will be watching to see if the bureau feels compelled to weigh in on the case, Texas Department of Housing and Community Affairs, et al., Petitioners v. The Inclusive Communities Project, Inc., as it has previously elsewhere. The TDHCA distributes...

State regulators considering increasing capital requirements for nonbanks should hold off, according to an analysis by Kroll Bond Rating Agency. With encouragement from the Financial Stability Oversight Council, state regulators are considering prudential regulatory standards for nonbank mortgage companies. “We believe that large nonbank companies, and particularly seller/servicers in the mortgage sector, do not require formal capital requirements and other types of prudential regulation,” KBRA said in a report authored by Christopher Whalen, a senior managing director at the rating service. Nonbank servicers appear...

When it comes to the legal theory of disparate impact and the Supreme Court of the United States, perhaps the third time around will be the charm. Recently, the Texas Department of Housing and Community Affairs requested the nation’s highest court to agree once again to take on the issue of disparate impact under the Fair Housing Act. The questions presented to the high court in Texas Department of Housing and Community Affairs, et al., Petitioners v. The Inclusive Communities Project, Inc. are...

Servicing problems are being addressed “quickly and effectively” by the servicers subject to the $25 billion national servicing settlement, save for Walter Investment Management’s Green Tree Servicing, according to Joseph Smith, the settlement’s monitor. In a report released last week, Smith said Green Tree failed eight metrics tested in the second half of 2013, while Bank of America, Citi, JPMorgan Chase, Ocwen and Wells Fargo passed all of their settlement tests ...

The CFPB and the state attorneys general are well-positioned to work together and are continuing to do so, even though they have not completed efforts to strike a formal memorandum of understanding explicitly spelling out the terms of their cooperative relationship, one legal expert said recently. One of the areas in which such cooperation is continuing is in issues that affect U.S. military service members, according to attorney Clarine Nardi Riddle, who chairs the government affairs practice of the Kasowitz, Benson, Torres & Friedman law firm in Washington, DC. Riddle served from 1989 to 1991 as the first female state attorney general of Connecticut after a stint as the deputy AG in the preceding three years. “There’s a natural sweet ...

A New York state appeals court last week shut down Morgan Stanley’s attempt to undo a lower court finding that Allstate Insurance Co.’s lawsuit over $100 million in allegedly overrated MBS had been timely filed. A five-judge panel of the New York Supreme Court Appellate Division, First Department, was not swayed by Morgan Stanley’s argument that the trial judge had erred in holding that Allstate must have had actual notice of its claims of misrepresentation by the investment bank in order for the suit to be time-barred. Allstate sued...

In April, William Erbey, chairman of Ocwen Financial, claimed that servicing sales to nonbanks had essentially stopped due to an investigation launched in February by the New York Department of Financial Services. “Nothing is really being put out for bid right now,” Erbey said during the earnings call for Home Loan Servicing Solutions, where he is also chairman. However, major nonbank servicers expect that the slowdown is temporary, with significant transfers likely to resume ...

The House Appropriations Committee this week approved the FY 2015 Transportation, Housing and Urban Development funding bill, which, among other, things contains a provision prohibiting federal housing agencies from facilitating the use of eminent domain in resolving foreclosure problems. Specifically, the FHA, Ginnie Mae and the Department of Housing and Urban Development would not be allowed to use funds appropriated by Congress to “insure, securitize or establish a federal guarantee” of any mortgage or mortgage-backed security that refinances or replaces a mortgage that has been subject to eminent domain condemnation or seizure by a state, municipality or any other political subdivision of a state. In addition, the bill would prohibit the use of appropriated funds or any receipts or amounts collected under any FHA program to implement the FHA’s new Homeowners Armed with Knowledge (HAWK) program. HUD has proposed to ...

AAG, NCRC Announces Fair Lending Partnership in Reverse Mortgages. American Advisors Group, ranked first among the nation’s Home Equity Conversion Mortgage lenders in 2013 by Inside FHA Lending, has collaborated with the National Community Reinvestment Coalition to ensure fair lending to older borrowers. Through this partnership, AAG employees will complete an NCRC fair housing training course. In addition, the AAG will consult with NCRC to develop best practices for complying with the Fair Housing Act. An umbrella group of more than 600 community-based organizations, the NCRC will also serve as an adviser to AAG in providing HECM mortgages to qualified borrowers age 62 or older. AAG Chief Executive Officer Reza Jahangiri said the partnership is a huge step toward the promotion of fair lending practices and responsible lending. AAG was the top HECM lender in 2013 with $1.4 billion in total originations representing ...