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Inside Mortgage Finance

June 30, 2016

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Nonbanks Closing in on 50% Share of New Mortgage Originations in 1Q16, Still Gaining on Other Fronts

A new Inside Mortgage Finance analysis reveals that nonbank mortgage lenders have dramatically increased their share of new production over the past two years. Nonbank lenders captured an impressive 48.1 percent share of mortgage originations during the first quarter of 2016, in a database of over 170 lenders. That was up from just 39.1 percent two years ago in early 2014, and 45.2 percent in the first quarter of 2015. While new first-lien origination volume by the 88 banks in the database fell 4.0 percent from the fourth quarter of 2015, the 81 nonbanks managed...[Includes two data tables] Read More

Brexit’s Double-Edged Sword: Rising Refis, Margin Calls and Servicing Write-downs

Thanks to last week’s “Brexit” vote in the U.K. interest rates in the U.S. are tumbling again, reaching new lows for the year. In turn, lenders are celebrating the increased flow of applications while the servicing side of their businesses prepares for the worst. For servicers – especially publicly traded companies – there is a palpable fear of deep mortgage servicing rights markdowns that almost certainly will affect second-quarter results. And the timing couldn’t be worse: the rate drop comes with no room left for recovery. The second quarter has ended. Over the past year, several publicly traded mortgage firms – Ocwen, PHH Corp., Stonegate Mortgage and Walter Investment Management Corp., to name a few – have been... Read More

With TRID Liability Uncertain, Error Cures Assume Oversized Importance. Attorney Details How to Cope

Given the extensive and uncertain administrative, civil and contractual liabilities mortgage lenders are confronted with under the new TRID disclosure regime, anxiety about the inevitable mistakes that will occur remain high. But there are a few remedies available to lenders. During a presentation at the recent American Bankers Association regulatory compliance conference in San Diego, Rich Horn, founding attorney at Rich Horn Legal in Washington, DC, spelled out just what options exist for mortgage lenders to “cure” loans with defects under the Consumer Financial Protection Bureau’s integrated-disclosure rule. “If you have liability for a TRID violation, how do... Read More

Faltering Mortgage Stocks Tough on Analysts as Well; No Nonbank Mortgage IPOs Until Next Year, If Then…

CRT Capital Group has begun winding down its mortgage research division, Sterne Agee CRT, casting a shadow over publicly traded residential stocks and dashing the hopes of any nonbanks that were hoping to pull off an initial public offering this year. As one equities researcher told Inside Mortgage Finance this week: “It’s not fun being a stock analyst these days.” And commenting on the recent – and unexpected – drop in rates, he added: “Some of these firms may get smoked.” Four years ago, Sterne Agee was... Read More

Borrower Seeks Class Certification in FCRA Suit Against Fannie Mae, Alleges Unfair Post-Bankruptcy Inquiry

A borrower recently filed a lawsuit seeking class-action status against Fannie Mae related to an inquiry made into his credit file after his bankruptcy process was completed. Some attorneys said the case hints at a new type of lawsuit on the horizon stemming from the Fair Credit Reporting Act. Grant Bailey alleges that the government-sponsored enterprise made unauthorized inquiries into his credit after bankruptcy released him from any debt he owed to Fannie. Bailey filed documents in federal court on June 15 stating that the inquiry without his consent was not permissible under the FCRA and did not serve any legitimate business need. These allegations represent... Read More

Quicken Loans and Guaranteed Rate Offer 1 Percent Mortgages With Homebuyer Grants in Freddie Program

A new 1 percent home loan product has quietly hit the market to help qualified, cash-strapped borrowers overcome one of the biggest obstacles to homeownership: downpayment. With significant variation in details, the 1 percent down mortgages offered by Quicken Loans and Guaranteed Rate stem from their partnerships with Freddie Mac and are structured as part of Freddie’s Home Possible Advantage program. In Quicken’s version, the borrower pays... Read More

Servicing Litigation Continues to Stalk the Industry: Ocwen, Nationstar and Cenlar Are Under Fire

Last week, Ocwen Financial agreed to a $30 million settlement with the Department of Justice regarding two lawsuits that alleged violations of the False Claims Act. The lawsuits alleged that Ocwen Loan Servicing and Ocwen’s Homeward Residential division violated the FCA by falsely certifying their compliance with the Home Affordable Modification Program and FHA insurance programs, thus rendering all HAMP incentive and FHA insurance payments on Ocwen- or Homeward-serviced loans false claims. One of the cases was scheduled... Read More

NY Requires Servicers to Maintain Abandoned Properties, Less Onerous Legislation Introduced in Congress

The New York legislature approved a bill late last week that will require servicers handling loans in the state to maintain vacant properties in certain circumstances. The requirements were strongly opposed by the Mortgage Bankers Association. In general, the new law requires servicers of residential mortgages in New York to complete an exterior inspection of properties within 90 days of a borrower’s delinquency to determine the occupancy status of the property. The law also requires ongoing inspections of properties related to severely delinquent mortgages every 25 to 35 days. If the servicer has a reasonable basis to believe that a property is vacant and abandoned, the servicer is... Read More

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