The U.S. Court of Appeals for the Ninth Circuit recently held that mortgage underwriters are not “administrative employees” and, therefore, not exempt from the overtime protections of the Fair Labor Standards Act. The court’s ruling in McKeen-Chaplin v. Provident Savings Bank overturned a lower court decision and deepened a split among the circuit courts on whether certain employees of mortgage companies qualify for overtime pay. Given the conflicting circuit court opinions, attorneys are...
PHH Corp., Ocwen Financial and Walter Investment Management Corp. have quite a bit in common these days: all are large publicly traded lender/servicers that continue to lose money while struggling to find a path to both regulatory redemption and a business model that works. But recent earnings reports and public filings suggest immediate relief looks elusive for all three. For now, Walter – the parent of Ditech Financial, the nation’s 10th largest servicer – appears...
Not only has the proposed sale of First Mortgage Co. fallen apart, but a recent lawsuit filed against the company by a new warehouse lending firm raises serious questions about FMC’s recent profitability and its future. As Inside Mortgage Finance went to press this week, FMC was no longer making new loans, but was still servicing its past production, estimated at $1.67 billion. Company owner and CEO Ron McCord – one of six defendants sued by warehouse provider CapLoc – said...
Walter notes: “We have already achieved cost reductions in a number of areas, but there can be no assurance that we will be able to reduce costs so as to enable the servicing business to return to profitability in the near term or at all.”
Watt, a former Congressman, wants Congress to reform the GSEs legislatively to solve their conservatorship status and find a path forward for the two enterprises.
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