Friday, December 17, 2010

Mortgage Loan Compliance | Arizona vs. Bank of America

State Attorney General Terry Goddard said Friday as he filed a civil lawsuit against Bank of America Corp. for violating Arizona's consumer fraud law by misleading consumers who tried to reduce their mortgage payments so they could keep their homes.

Hundreds of homeowners kept making their mortgage payments because Bank of America repeatedly assured them their loan was being modified, he said. Instead, many lost their homes anyway.

"Those people could have used that money for something else," Goddard said. "They were deceived into continuing to make mortgage payments when they had no hope of saving their homes."

The attorney general's office was deluged with consumer complaints and launched an investigation more than a year ago, Goddard said. Settlement talks with Bank of America began in April but ultimately collapsed Thursday.

The bank also violated the terms of a 2009 consent agreement requiring the bank's Countrywide mortgage subsidiary to implement a loan modification program, the lawsuit alleges.
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Wednesday, December 15, 2010

Mortgage Loan Compliance | Investors Give Bank of America More Talk Time

Bank of America and a group of investors demanding the bank buy back soured mortgages it sold to them have agreed to extend talks aimed at resolving their dispute.

The group of eight investors seeking put-backs from Bank of America includes the Federal Reserve Bank of New York, Freddie Mac, Pimco Investment Management and Blackrock Financial Management. The investors own interests in a slate of 115 transactions with an original principal balance of $104 billion. Now the balance is $46 billion.

The investors want Bank of America to buy back defaulted mortgages made by its Countrywide unit, which the Charlotte-based bank acquired in July 2008. They argue that Countrywide's practice of modifying loans found to have faulty paperwork or those written outside of normal underwriting standards breached signed agreements with the investors.

By continuing to service bad loans rather than speeding up foreclosures, the group claims, Countrywide ran up servicing fees, enriching itself at the expense of investors.

Bank of America, however, has described the loan modifications as the "proper response to an unprecedented housing crisis and in furtherance of the stated policy of the federal government."

It called claims of poorly handled loans baseless.

The bank and a law firm representing the investors said Wednesday they would go beyond a 60-day discussion period triggered by a letter sent to the bank in mid-October. The bank did not say whether there was a new time limit set on the talks.

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Thursday, November 11, 2010

Mortgage Loan Compliance | A Veterans Salute

Veterans Day originally was held every November 11th, and though it typically falls on this day, officially the holiday is now observed on the weekday that falls closest to November 11th every year. It was first incorporated as by President Wilson as Armistice Day in 1919. Other countries today also still recognize November 11th as Armistice Day or Remembrance Day in honor of the Armistice treaty which ended WWI.

It was in 1938 that Armistice Day was enacted as an official American holiday. But eventually after WWII, citizens felt that the veterans of all wars should be recognized, not just those of WWI. So in 1954 Congress changed the name from Armistice Day to Veterans Day. In America, the holiday now celebrates the approximate 2.9 million U.S. veterans with parades and ceremonies among other events.

Thank you for your service!
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Wednesday, October 13, 2010

Mortgage Loan Compliance | Is MERS Over?

The 2,300 bank owned Mortgage Electronic Registration System, or MERS, acts as a trading house for millions of mortgages. Lawyers for homeowners say the system lacks the required paper trail to prove mortgage ownership in foreclosure proceedings.

JPMorgan Chase's CEO, Jamie Dimon, says the bank has stopped using the electronic mortgage tracking system used by major financial institutions in a conference call Wednesday to discuss the bank's quarterly earnings.

JPMorgan Chase and other banks have suspended some foreclosures following allegations of paperwork problems in thousands of cases.

Lawyers have argued in court proceedings that MERS is unable to accurately prove ownership of mortgages.

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Friday, October 8, 2010

Mortgage Loan Compliance | Bank of America Freeze Foreclosures in 50 States

Bank of America Corp., the nation's largest bank, is stopping sales of foreclosed homes in all 50 states as it reviews potential flaws in foreclosure documents.

The company had previously said it would only stop such sales in the 23 states where foreclosures must be approved by a judge.

The move comes amid evidence that mortgage company employees or their lawyers signed documents in foreclosure cases without verifying the information in them.

"We will stop foreclosure sales until our assessment has been satisfactorily completed," company spokesman Dan Frahm said in a statement. "Our ongoing assessment shows the basis for our past foreclosure decisions is accurate."
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Thursday, October 7, 2010

Mortgage Loan Compliance | Ohio AG Sues Ally Bank (GMAC) Illegal Foreclosures

Ohio's Attorney General, Richard Cordray, is suing Ally Financial Inc. and its GMAC Mortgage division, alleging the company violated state fraud laws in handling foreclosure cases.

Cordray is asking for civil penalties of up to $25,000 for every violation of the state's consumer laws and for the company to pay back any financial losses to the homeowner. He also wants the court to halt any Ally foreclosure or sale of property now pending in Ohio.

The action could be the first in a wave of lawsuits by state regulators over what appear to be widespread problems in documents used by the nation's largest mortgage lenders.

Attorney General Cordray said Wednesday the alleged fraud could involve hundreds of foreclosures in the state. The lawsuit claims the company's employees signed and filed false affidavits to mislead courts. Cordray called the alleged fraud the "tip of an iceberg of industry-wide abuse of the foreclosure process."

Three banks have halted foreclosures in 23 states after evidence surfaced that their employees or outside lawyers signed documents without reading them or filed inaccurate paperwork. State and federal officials have been ramping up pressure on the industry over concerns about potential legal violations.
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Friday, October 1, 2010

Mortgage Loan Compliance | Illegal Foreclosures – Bank of America

A Bank of America official acknowledged in a legal proceeding in February that she signed up to 8,000 foreclosure documents a month and typically didn't read them. The official, Renee Hertzler, said in a deposition in a Massachusetts homeowner's bankruptcy case that she signed 7,000 to 8,000 foreclosure documents a month.

"I typically don't read them because of the volume that we sign," Hertzler said.

She also acknowledged identifying herself as a representative of a different bank, Bank of New York Mellon, that she didn't work for. Bank of New York Mellon served as a trustee for the investors holding the homeowner's loan.

Bank of America is now delaying foreclosures in 23 states as it examines whether it rushed the foreclosure process for thousands of homeowners without reading the documents.

Bank of America isn't able to estimate how many homeowners' cases will be affected, Dan Frahm, a spokesman for the Charlotte, N.C.-based bank, said Friday.

The move adds the nation's largest bank to a growing list of mortgage companies whose employees signed documents in foreclosure cases without verifying the information in them.

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Wednesday, September 29, 2010

Mortgage Loan Compliance | Chase Suspends 50,000 Foreclosures

JPMorgan Chase is suspending more than 50,000 foreclosures as it reviews the legitimacy of legal documents in those cases, the bank said Wednesday।

Analysts don't expect the delays to reduce the number of foreclosures in the long run.

JPMorgan is the second major company to take such action this month, underscoring a growing legal problem। The issue could stall an already overloaded foreclosure process and may mean some homeowners lost their homes illegally।

JPMorgan acknowledged that its employees signed some affidavits about loan documents without personally verifying the files। These affidavits identify who holds the original mortgage note in foreclosure cases।

The company believes the information in the affidavits is accurate, and that the affidavits were prepared by "appropriate personnel," spokesman Tom Kelly said Wednesday.

The bank asked judges to not enter judgments against homeowners facing foreclosure until the review is done। It expects the process to take a few weeks।


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Wednesday, September 15, 2010

Mortgage Loan Compliance | Who’s Afraid of Fannie and Freddie

The two mortgage giants nearly collapsed two years ago when the housing market went bust. The government stepped in to rescue them and it has cost taxpayers about $148 billion so far. The rescue is on track to be the most expensive piece of stabilizing the financial system.

Wall Street has worried that the costs of bailing out Fannie and Freddie could get pushed back on big banks. Fitch Ratings said in a report last month that the four largest U.S. banks could book losses of up to $42 billion if Fannie Mae and Freddie Mac force them to take back troubled mortgages they made. It also estimated that JPMorgan Chase & Co., Citigroup Inc., Bank of America Corp. and Wells Fargo & Co. could record $17 billion in losses if they repurchase a quarter of the mortgage giants' seriously delinquent loans.

Edward DeMarco, the acting director for the Federal Housing Finance Agency, said the banks this summer have refused to take back $11 billion in bad loans sold to the two government-controlled companies, in written testimony submitted for a House subcommittee hearing Wednesday. A third of those requests have been outstanding for at least three months.

Investors who buy loans from banks have the right to force lenders to repurchase them if they later discover fraudulent statements on loan applications.

DeMarco said the banks have a legal obligation to buy back the loans and called the delays "a significant concern." He said the government may take new steps to force those buybacks if "discussions do not yield reasonable outcomes soon."

The leading Democrat on the House Financial Services Committee subcommittee indicated the banks bear some responsibility.

"We must begin to think about approaches for recouping taxpayers' money in the long run," said Rep. Paul Kanjorski, D-Pa. "We found a way to pay for the savings and loan crisis, and we can survey find a way to recover the costs associated with this crisis."

The Obama administration is working on a plan to restructure the mortgage market and make sure home loans are affordable. Officials don't plan to release details until next year. But Michael Barr, an assistant Treasury secretary, told the panel Wednesday that Fannie and Freddie "will not exist in the same form as they did in the past."

"There is no urgency," to reform the two companies, said Rep. Barney Frank, D-Mass., chairman of the House Financial Services Committee. "The pattern of abuse they had engaged in has been changed...Fannie and Freddie are behaving differently and are causing far less problems."
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Wednesday, September 8, 2010

Mortgage Loan Compliance | Texas v. American Home Mortgage Service

According to Texas Attorney General Greg Abbott, the defendant, American Home Mortgage Servicing Inc. (AHMS), claimed to have a "Home Retention Team" to assist distressed homeowners. However, AHMS has been charged with using illegal debt collection tactics and improperly misleading struggling homeowners.

Many customers found that AHMS could not qualify homeowners and that they were of no help to halt the foreclosure process. Some homeowners who actually obtained loan modifications found that their monthly payments increased rather than decreased, which worsened their problem with foreclosure.

The enforcement action charges AHMS with multiple violations of the Texas Debt Collection Act and the Texas Deceptive Trade Practices Act (DTPA). The State is also seeking civil penalties of up to $20,000 per violation of the DTPA.

AHMS collections agents used aggressive and unlawful tactics to collect payments from Texas homeowners who had difficulty meeting their payment obligations. The defendant also failed to credit homeowners who properly submitted their payments on time.

In other cases, AHMS agents falsely claimed that homeowners did not make payments so the agents could justify profitable late fees or escrow accounts. The defendant also failed to properly credit homeowners after AHMS agents withdrew funds from the homeowners' checking accounts. Because of the defendant's unlawful conduct, homeowners defaulted on their loans, leading to foreclosure proceedings.


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Wednesday, September 1, 2010

Mortgage Loan Compliance | Gov. and Non-Profits vs. Private Investor

Major lenders are agreeing to give local governments and nonprofit groups the ability to buy foreclosed homes before they are sold to private investors. The Obama administration says the largest mortgage lenders in the country, including Bank of America Corp. and Wells Fargo & Co. have agreed to let the groups purchase the properties ahead of private speculators. The neighborhood organizations will have up to 48 hours to evaluate them.

"This agreement helps us level the playing field to give communities a better chance to stabilize these neighborhoods," Housing and Urban Development Secretary Shaun Donovan said in a statement. Donovan said about 100,000 properties are likely to be sold through the program.

The Obama administration said Wednesday local officials could benefit from acquiring these properties and renovating them or using the land for redevelopment projects. Congress has provided $7 billion to buy the homes, but these groups are struggling to spend the federal money because they are often outbid by speculators who are snapping up foreclosures.

"The fear is that they will purchase the property, make very minimal to no improvements on it, and either put it back on the market as a rental unit or let it sit waiting for the market to come back," said Sarah Greenberg, senior manager for community stabilization at NeighborWorks America, a nonprofit housing group.

A nonprofit group, the National Community Stabilization Trust, will collect information about foreclosed properties and help local groups to identify which ones to purchase.
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Friday, August 20, 2010

Mortgage Loan Compliance | Home Affordable Program Fallout

A Treasury Department report issued today said that approximately 630,000 people who had tried to get their monthly mortgage payments lowered through the effort have been cut loose through July। That means nearly half of the homeowners who enrolled in the Obama administration's flagship mortgage-relief program have fallen out according to statistics. In total about 48 % of the 1.3 million homeowners who had enrolled since March 2009. That is up from more than 40 percent through June.

Many homeowners have complained that program is a bureaucratic nightmare। They say banks often lose their documents and then claim borrowers did not send back the necessary paperwork repeatedly.

The banking industry said borrowers weren't sending back their paperwork। They also have accused the Obama administration of initially pressuring them to sign up borrowers without insisting first on proof of their income. When banks later moved to collect the information, many troubled homeowners were disqualified or dropped out.

The Obama plan was designed to help people in financial trouble by lowering their monthly mortgage payments। Homeowners who qualify can receive an interest rate as low as 2 percent for five years and a longer repayment period.

Approximately 421,804, or 32.3 percent of those who started the program, have received permanent loan modifications and are making their payments on time.
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Wednesday, August 11, 2010

Mortgage Loan Compliance | New FHA Refi Rules

To help underwater homeowners, the Federal Housing Administration’s new policy makes an exception for conventional borrowers who want to take advantage of a new FHA Short Refinance program — which requires the loan holder to write down the value of the loan by at least 10%.

For short refinances, the Combined-Loan-To-Value (CLTV) is 115%. FHA issued mortgagee letter (2010-23) for the FHA Short Refinance program last Friday. The new refi program goes into effect September 7, 2010.

FHA reserves the highest CLTV for streamline refinances of existing FHA borrowers. For a streamline refi, the maximum CLTV is 125%.

The previous Bush administration dropped FHA's CLTV restrictions entirely in 2007 to allow lenders to refinance strapped subprime borrowers. Now the Federal Housing Administration is clamping down on refinancing where a second lien is involved.

The maximum combined loan-to-value ratio for a rate-and-term refinance will fall to 97.85% starting September 7 compared to the current "unlimited" LTV.

On cash-out refinances, the maximum CLTV is 85%, according to Mortgagee Letter 2010-24, which was issued on Friday. "This Mortgagee Letter eliminates the unlimited CLTV ratio" that was first introduced in 2007, FHA said.

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Monday, August 9, 2010

Mortgage Loan Compliance | Freddie and Fannie Double Dip Bailouts

The government rescued McLean, Va.- based Freddie Mac and sibling company Fannie Mae from the brink of failure nearly two years ago. Both Fannie Mae and Freddie Mac have both lost tens of billions of dollars during the past two years and both are asking the government to prop them up again.

Last week, Fannie Mae requested $1.5 billion after posting a loss of $3.13 billion, or 55 cents per share, in the second quarter.

Freddie Mac said Monday it lost $6 billion, or $1.85 per share, in the April-to-June period. The company is required to pay a 10 percent annual dividend to the Treasury Department on money it has received from the government. That made up $1.3 billion of the company's second-quarter losses.

Freddie Mac is losing money from bad loans it backed, many of them before the housing market went bust. It had $118 billion in bad loans at the end of June, up from $103.4 billion at the end of last year.
Freddie Mac owned more than 62,000 foreclosed properties in June, up from about 35,000 a year earlier.

Still, the two companies are taking different approaches to their situations. Fannie Mae sounded optimistic about its future. Freddie Mac offered a more tempered view. The new request means they have needed $148.2 billion to stay afloat, about $63.1 billion of which is being used by Freddie Mac.
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Thursday, July 29, 2010

Mortgage Loan Compliance | Debt Settlement Fees

Since the start of the recession, the Better Business Bureau says it received more than 3,500 complaints about debt settlement companies. The Federal Trade Commission’s new financial regulations are trying to change that.

Companies that promise to reduce or eliminate credit card balances and other debt for customers will no longer be allowed to charge an upfront fee.

The Federal Trade Commission said Thursday the new rule is intended to crack down on the debt settlement industry, which has flourished in the downturn as borrowers struggle to pay their bills. The rule goes into effect October 27th, 2010.
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Monday, July 19, 2010

Mortgage Loan Compliance | Oregon vs. Countrywide Financial Corp.

Countrywide Financial Corp. of Delaware and its underwriters are being sued by the State of Oregon for misleading investors into buying risky mortgage-backed securities. That alleged deceit ultimately cost Oregon: The Oregon Public Employee Retirement Fund was allegedly induced to invest $200 million into home loans originated by Countrywide, and lost $29 million as a result of misrepresentations by Countrywide and its financial underwriters, the lawsuit says.

"Oregon is taking a stand against predatory lenders and the financial wreckage they caused for families and for investors including Oregonians," said Oregon Treasurer Ted Wheeler. "With this lawsuit, we are attempting to recover losses from lenders that took advantage of innocent families, whose only fault was wanting to participate in the American dream and own a home."

The lawsuit, filed in federal court in California, accuses Countrywide of violating securities law by making statements to investors that were materially false and misleading because they misrepresented and/or failed to disclose information crucial to investors' ability to accurately assess the risks of their investments.

According to the lawsuit, Countrywide’s ability to originate residential mortgages on such a massive scale was facilitated, in large part, by its ability to rapidly package -- or "securitize" -- those loans and then, through the activities of the underwriter defendants, sell them to investors as purportedly investment grade mortgage-backed securities.

"Oregon is currently No. 3 nationwide in foreclosures," said Oregon Attorney General John Kroger. "This lawsuit will hold the responsible companies accountable"

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Wednesday, July 14, 2010

Mortgage Loan Compliance | FDIC Sues Former IndyMac Executives

During the Savings and Loans Bank crisis of 1980’s and 1990’s the Federal Deposit Insurance Corp। filed dozens of civil complaints against officers and directors of failed institutions, including one against then Vice President Bush's son, Neil Bush.

This month the FDIC has filed a $300-million negligence lawsuit against four former executives at IndyMac Bank FSB, accusing them of granting loans to homebuilders who were unlikely to repay the loans। This is the first professional liability suit the FDIC has brought in connection with the more than 200 bank failures that began in 2008.

The four men accused operated the Homebuilder Division at IndyMac and according to court filings they approved 64 loans described in the 309-page lawsuit। A FDIC spokesman noted that the agency has three years from the date of the failure to file civil cases.

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Monday, July 12, 2010

Mortgage Loan Compliance | FDIC’s Unlimited Authority

The Federal Deposit Insurance Corp.'s board has approved an agreement between the insurance agency and regulators at the Federal Reserve and the Treasury Department. It clearly spells out the FDIC's authority to make special examinations of banks. It was approved 5-0.

Federal bank regulators have agreed to give the FDIC unlimited authority to investigate banks, clarifying the agency's power that was in question during the financial crisis. Federal bank regulators were widely criticized during the financial crisis for failing to signal high-risk practices before the institutions failed.

The FDIC, which takes over failed banks, has said it lacked access to needed information to evaluate banks' risk.

"The past financial crisis provided us with a strong and sober reminder that the activities of large banks are often very complex and opaque," FDIC Chairman Sheila Bair said before the vote by the agency board at a public meeting. "The FDIC needs to have a more active on-site presence and greater direct access to information and bank personnel in order to fully evaluate the risks to the deposit insurance fund on an ongoing basis and to be prepared for all contingencies."

The FDIC is the "backup" regulator for banks, empowered to examine banks' condition and operations. That is in addition to the authority held by their primary federal regulators: the Fed and two Treasury Department agencies, the Office of the Comptroller of the Currency and the Office of Thrift Supervision.

The agreement, a so-called memorandum of understanding, was signed by the FDIC, the Fed and the two Treasury Department agencies. It updates a similar accord that took effect in 2002.

The FDIC has said that during the financial crisis, the 2002 agreement limited its ability to effectively assess risk at weakening banks and to put together strategies for resolving them after they failed. Among other things, the 2002 agreement required the FDIC to conduct its special exams of banks at the same time as the periodic reviews by their primary regulator. The FDIC was blocked from examining banks that were deemed financially healthy by their primary regulators.
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Friday, July 9, 2010

Mortgage Loan Compliance | Tighter Multifamily Underwriting Standards

The Federal Housing Administration tightened guidelines for multifamily mortgages for the first time in the 40 years it has insured such loans and just months after raising standards for single-family lenders.

Among the new requirements, the FHA is raising debt service coverage ratios and lowering loan-to-value and loan-to-cost ratios. The maximum loan to value on "affordable" rental properties, for example, is being cut to 87% from 90%. The agency is also requiring additional verification of a property's financial performance, an expanded review of the borrower's credit and the prescreening of certain applications to weed out loans that might not make it to closing.

The measures, announced Wednesday, did not surprise some apartment lenders, but they nonetheless did not welcome the news. "We're not surprised by anything nowadays," said Menzo Case, the president and chief executive of Seneca Falls Savings Bank in upstate New York. "It's just another nail in the coffin."

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Tuesday, July 6, 2010

Mortgage Loan Compliance | FHA Monitoring Excessive Fees

A conference call was hosted by the FHA to summarize new regulatory changes regarding loan correspondents and net worth requirements that took effect in May. Although the agency has been "very responsive" to questions about the new regulations, including the issuance of two separate mortgage letters offering guidance about how to comply with the changes lenders and brokers are still flooding the government with questions.

The Federal Housing Administration is closely monitoring all fees charged by mortgage brokers and other third-party originators who are sponsored by FHA-approved lenders, agency officials said during an unusual industry conference call last week.

The officials said they will examine closely fees charged by all FHA-approved lenders and TPOs, and will question lenders about those which do not appear to be reasonable and customary for that particular geographic area. They also said lenders will be held accountable for any fees found to be either bogus or excessive.

FHA officials on the call said they plan to issue a third mortgagee letter, hopefully by mid-August and with a mid-September effective date, to address industry concerns. Among other things, that letter is expected to cover entering TPO information into the FHA Connection system. Meanwhile, participants were told during the discussion that TPO employees could be paid either on a W-2 or 1099 basis under the new rules, and that TPOs could even have dual employment status, acting as both a real estate agent and a loan broker. But as it did in a previous mortgagee letter, the government warned lenders to be certain their TPOs comply with state laws.

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Saturday, July 3, 2010

Mortgage Loan Compliance | M&I Bank Foreclosure Moratorium Extended

Marshall & Ilsley Bank tried its first moratorium in December 2008. The bank's homeowner assistance program offered refinancing with reduced rates and term extensions.

Now moratoriums are once again the foreclosure prevention tool of choice for M&I Bank, which has given an additional three-month breathing space to distressed borrowers.

The Milwaukee bank said it has extended foreclosure moratoriums through September 30, 2010. The moratorium applies to all owner-occupied residential loans "for customers who agree to work in good faith to reach a successful repayment agreement."

The move reflects proposed Fannie Mae policy changes that encourage borrowers to work with lenders and servicers.

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Monday, June 28, 2010

Mortgage Loan Compliance | Morgan Stanley & Co $102MM Settlement

Massachusetts Attorney General Martha Coakley said Morgan Stanley & Co. provided billions of dollars in credit lines to New Century "which used Morgan funds to target lower-income borrowers and lure them into loans that consumers predictably could not afford to repay." She added that some Morgan executives referred to New Century as Morgan's "partner" in subprime lending.

Last Thursday Morgan Stanley & Co. agreed to pay $102 million to Massachusetts homeowners and the state, settling allegations that it aided and abetted subprime lender New Century Financial Corp. in taking advantage of consumers.

As part of the settlement, Morgan agreed to "change its business practices" and to provide the AG's office with "information and materials" as part of its ongoing probe of subprime lenders and the securitization process. In a court filing AG Coakley notes that other Wall Street firms are under investigation regarding their securitization practices. Morgan agreed to the deal without admitting or denying any wrongdoing.

The Irvine, Calif.-based New Century Financial Corporation filed for bankruptcy in early 2008.

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Wednesday, June 23, 2010

Mortgage Loan Compliance | Fannie and Freddie’s New Tool

Fannie and Freddie (GSE) are expected to implement a new Foreclosure Alternative program by August that places more emphasis on short sales as an alternative to foreclosure. Short sales allow the homeowner to walk away from their house debt free and generally results in a higher sales price and less expenses than a foreclosure or REO.

The two GSE’s have completed 92,760 foreclosure sales in the first quarter, up 27% from the previous quarter. Fannie Mae and Freddie Mac are increasing their use of short sales which is considered a better alternative for lenders and homeowners than a foreclosure sale, according to a report by their regulator.

Analysts note that servicers are becoming more proficient at short sales. However, the loan-to-value ratios on short sales have been increasing relative to REO sales. And the amount of servicer advances has increased more for short sales than for foreclosures.

The Federal Housing Finance Agency says the two GSEs completed 23,400 short sales in the first quarter, compared to just 8,050 a year ago.
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Tuesday, June 22, 2010

Mortgage Loan Compliance | HAMP Dropouts Go Private

HUD Secretary Shawn Donovan said only 11% of borrowers in the Home Affordable Modification Program payment trials have fallen into foreclosure or lost their homes through a short sale.

"It is a clear indication that the efforts of HAMP, combined with other efforts, are having a substantial effect," the HUD secretary told reporters on Monday. Another 26% of the 277,600 borrowers that dropped out of HAMP trials as of April 30, 2010 are still being evaluated by servicers for a proprietary modification.

The secretary also noted that 2.8 million borrowers have received restructured mortgages through HAMP, Federal Housing Administration and proprietary programs during the 12-month period ending April 30, 2010. "This is nearly three times the number of foreclosures completed during this same period," Secretary Donovan said.

As of May 30, 429,700 borrowers had dropped out of HAMP trials.

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Friday, June 18, 2010

Mortgage Loan Compliance | Homebuyer Tax Credit Extension

Under the current Homebuyer Tax Credit Program terms, buyers had until April 30, 2010 to get a signed sales contract and until June 30, 2010 to complete the sale. The Senate has now approved a plan to give those already in contract to purchase a home an extra three months to be able to use federal homebuyer tax credits.

The extension proposal was approved by a 60-37 vote but only applies to consumers who already have signed contracts to finish at the later date. About 180,000 homebuyers who already signed purchase agreements would otherwise miss the deadline.

The language, pushed through the chamber by Senate Majority Leader Harry Reid (NV) gives homebuyers until September 30, 2010 to complete their purchases and qualify for tax credits of up to $8,000.

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Thursday, June 17, 2010

Mortgage Loan Compliance | Foreclosure Defense – Bankruptcy and Lawsuits

As foreclosures continue many homeowners are seeking advice anywhere. Short Sells, Loan Modifications, Walk Away, and self-defense classes. One foreclosure defense move that seems to keep growing in popularity on the “net” is the “produce the note” strategy. While it can be effective in staling foreclosure the “Free and Clear” aspect should be removed from the equation. At best most foreclosure defense strategies only give you more time to pursue other options.

Depending on the state you live in, advisory proceedings, and/or suing your lender may give you the best results - the most time and the possibility of winning your case.

Almost all mortgages from the year 2003 until now were repackaged as mortgage backed securities (MBS’s) and sold to Wall Street investors, where they are traded to other investors. As the loan is broken up and shuffled around, chances are documents, such as the mortgage and promissory note you signed, got lost, misplaced, or warehoused in a location that’s not easily accessible.

With a Forensic Mortgage Audit you can bring your case inside the judicial system by filing your own bankruptcy or a lawsuit against the lender for various violations of Federal and State predatory lending laws. In the course of the legal proceedings, you can absolutely demand that the lender “produce the note.”

Although you can save money and file a Chapter 13 Bankruptcy on your own, suing your lender is a complicated area of law so it is always best to hire an Attorney and have merit to your case.

The strategy you chose will vary depending on whether your home is in foreclosure and if you live in a judicial or non-judicial:

• In Judicial states the lender must file a lawsuit against you to obtain permission to proceed
with the foreclosure sale.

• In Non-Judicial states you receive a notice of default or breach from the lender prior to the foreclosure sale and the process occurs outside of the judicial system.

If you believe you were a victim of predatory lending or mortgage fraud, get a Forensic Mortgage Audit and talk with an Attorney about the possible legal defenses that apply to your case.

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Wednesday, June 16, 2010

Mortgage Loan Compliance | Foreclosure Relief For Gulf Residents

Citigroup says it is suspending loan foreclosures in the region through Sept. 17, 2010. Homeowners in areas of the Gulf of Mexico affected by the BP oil spill can get mortgage relief from Citigroup Inc. and government sponsored mortgage purchasers Fannie Mae and Freddie Mac.

Citigroup's home mortgage division said Wednesday it is suspending loan foreclosures in the region and that borrowers with first mortgage loans owned by CitiMortgage who meet certain criteria will not be subject to foreclosure sales or foreclosure notifications.

"In the midst of this crisis, we will continue to explore ways to help people avoid foreclosure so they and their families can remain in their homes and have one less thing to worry about," Citigroup CEO Vikram Pandit said in a statement.

CitiMortgage borrowers occupying homes in zip codes within 25 miles of affected coastal areas will be eligible.

Fannie Mae says companies servicing its home loans may suspend or reduce borrower payments for up to 90 days. Additional time may be granted after a review of individual circumstances. Fannie Mae said companies servicing its home loans may immediately suspend or reduce payments for borrowers whose property or income are negatively affected for up to 90 days. Additional time may be granted after a review of individual circumstances.

"We want to give homeowners every opportunity to weather this unprecedented disaster, including relief from their mortgage payment if that will help them get back on their feet and stay in their homes," CEO Michael J. Williams said in a statement.

Borrowers seeking relief under Fannie Mae's or Freddie Mac's special relief measures should contact their mortgage servicer.

The eight-week-old oil disaster is affecting the coasts of Alabama, Florida, Louisiana, and Mississippi.
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Three Months for the Price of One

Mortgage Loan Compliance | Reform Bill Says Sue Your Lender

According to an analysis of the regulatory reform bill “base text” conducted by the law firm K&L Gates LLP, "in the case of judicial or non-judicial foreclosure or any other action to collect on a loan, it appears that a consumer has a perpetual federal right to assert such a violation by a creditor as a matter of defense by recoupment or set off in an amount equal to the monetary damages that could be asserted against the original creditor."

Language in the "base text" document of the reform bill could allow residential borrowers to sue their lender, without a statute of limitations, if the mortgage banker violates the anti-steering provisions of the law.

The anti-steering language is designed to prevent lenders from pushing borrowers into certain loans such as predatory loans, without regard of the borrower’s ability to repay, because the loan officer might receive higher compensation for delivering such a loan. The law firm is telling clients, "There is a lot to be digested in the base document, but it is important to stress that it is the starting point for negotiations among the conferees."

The "base text" is an amalgamation of the House and Senate versions of the bill. K&L Gates LLP notes that several provisions from the House bill pertaining to residential mortgage lending that were not in the Senate Bill are included in the initial base document.

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Tuesday, June 15, 2010

Mortgage Loan Compliance | Excessive Fees, Illegal Practices Only $108 Million

Countrywide Home Loans profited from failed loans and "illegally extracted the last dollar out the pockets of the most desperate consumers," Federal Trade Commission Chairman Jon Leibowitz said in announcing one of the largest settlements in FTC history. "To have a major servicer like Countrywide piling on illegal and excessive fees is indefensible," he added.

Bank of America (BAC) has agreed to pay the Federal Trade Commission $108 million to cover foreclosure-related servicing abuses by Countrywide Home Loans, the mega lender/servicer that it purchased almost two years ago.

Overall, the settlement will benefit more than 200,000 consumers who were charged excessive fees while facing foreclosure or trying to save their homes from bankruptcy.

Bank of America bought Countrywide Financial Corp., the parent of Countrywide Home Loans, in August 2008 and "took responsibility for fixing the problems," Leibowitz said. "Bank of America did step up to the plate."

"Countrywide's outdated computer systems made the records incredibly difficult to sort out. But we believe thousands of borrowers in bankruptcy ended up overpaying," the FTC chairman said. He also noted that Countrywide used affiliates to provide default services such as property inspections and lawn mowing, charging excessive fees in the process.

"Countrywide's mortgage contracts prohibited these inflated charges but that didn't stop Countrywide from passing on those markups in violation of the FTC Act," Leibowitz said.

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Monday, June 14, 2010

Mortgage Loan Compliance | FHA Grant News

For the first time in its history, the U.S. Department of Housing and Urban Development (HUD) will require grant applicants seeking HUD funding to comply with state and local anti-discrimination laws that protect lesbian, gay, bi-sexual, and transgender (LGBT) individuals.

Today, HUD published a notice detailing the general requirements that will apply to all of the Department’s competitively awarded grant programs for Fiscal Year 2010.

“We‘re using every avenue to shut the door against discrimination,” said HUD Secretary Shaun Donovan. “Today, we take an important step to insist that those who seek federal funding must demonstrate that they are meeting local and state civil rights laws that prohibit discrimination based on sexual orientation or gender identity.”

To read the entire article, please visit : http://portal.hud.gov/portal/page/portal/HUD/press/press_releases_media_...

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Friday, June 4, 2010

Mortgage Loan Compliance | The Rise of Multifamily Late Payments

Serious payment delinquencies of 60-plus days, a category that also includes loans in foreclosure, real estate owned, and nonperforming balloons — increased 41 bps to 7.55% in the past month.

The 30-day or more past due rate on securitized multifamily mortgages rose 28 basis points in May to 13.34%-dashing hopes that delinquencies in the commercial real estate sector had stabilized.

Last month, Analyst reported the multifamily 30-day plus delinquency rate fell 13 bps to 13.06%—the first decline since May 2009. However, one month does not make a trend. Commercial mortgage-backed securities delinquencies overall set yet another new record high as they jumped 40 basis points to 8.42% in May.

Analyst also said the monthly increase in delinquencies has been between 37 and 49 basis points for seven out of the past eight months when the anomaly associated with New York's Stuyvesant Town in March is removed.

The one exception outside of this was February, when delinquencies jumped just 22 bps.

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Wednesday, May 19, 2010

Mortgage Loan Compliance | New Fannie Mae Quality Controls

Fannie Mae’s new quality control requirement is designed to prevent a type of mortgage fraud called "shotgunning."

Beginning June 1, 2010 lenders originating mortgages being sold to Fannie Mae will have to pull a second credit report just before the loan closes.

By pulling a second credit report, lenders can find out whether other creditors have recently requested information about the borrower-typically a red flag indicating someone might be trying to obtain multiple loans from several lenders on the same property.

In most cases involving shotgun fraud the borrower skips town with the proceeds of all his loans. The lenders do not recoup any money because their mortgages are subordinate liens to the first recorded mortgage and the foreclosure sale will not be enough to cover the junior liens.

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Thursday, May 6, 2010

Mortgage Loan Compliance | Rise In Production Rise In Appraisal Fraud

According to LexisNexis Mortgage Asset Research Institute, Residential originations rose last year and along with them, the industry experienced an uptick in appraisal and valuation fraud.

"As lenders try to stave off mounting losses on nonperforming loans, they are trying to modify loans that have been falling into default," said Denise James, director of real estate solutions for LNMARI. "Fraudsters are taking advantage of desperate and confused consumers."

Foreclosure rescue and loan modification scams are also increasing, and the company is seeing a significant rise in short sale scams.

The most troubling fraud trends include fake tax returns and income and application misrepresentation, LNMARI said in its annual fraud report. Speaking at a press conference during the Mortgage Bankers Association's fraud show, LNMARI noted that Florida is leading the nation in suspected fraud followed by New York and California.

In 2009, 33% of all reported frauds involve appraisal misrepresentation, up from 22% in 2008.

States experiencing noticeable gains in fraud include Arizona, New Jersey and Virginia. "Loss mitigation distractions have opened the door for opportunistic fraudsters to take advantage of desperation, confusion and complacency," said James.

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Saturday, April 10, 2010

Mortgage Loan Compliance | U.S. Bank Failure #42, Beach First National

It is the first failure of an FDIC-insured bank in South Carolina since 1999. The closure of Beach First this Friday is expected to cost the deposit insurance fund $130.3 million. The Federal Deposit Insurance Corp. took over Beach First National Bank, based in Myrtle Beach, S.C., with $585.1 million in assets and $516 million in deposits. Bank of North Carolina, based in Thomasville, N.C., agreed to assume the assets and deposits of the failed bank.

Beach First signed a consent order in November with the U.S. Office of the Comptroller of the Currency, agreeing to boost its capital reserves. The comptroller's office, a Treasury Department agency, closed the bank Friday and named the FDIC as receiver.

The bank, which registered triple-digit percentage increases in profit during the real estate boom, suffered a net loss of $24 million for the first nine months of 2009. Beach First invested heavily in the real estate boom in the coastal area, dotted with oceanfront condominiums and upscale projects, and was hit when the market fell. As its losses mounted, the bank attracted scrutiny from regulators.

There were 140 bank failures in the U.S. last year, the highest annual tally since 1992 at the height of the savings and loan crisis. They cost the insurance fund more than $30 billion. Twenty-five banks failed in 2008 and only three succumbed in 2007.

The number of bank failures likely will peak this year and will be slightly higher than in 2009, FDIC Chairman Sheila Bair said recently.

BNC Bancorp, the parent of Bank of North Carolina, will have about $2.2 billion in assets when the acquisition of Beach First's assets and deposits is completed.

"This transaction positions our company for the next stage of its development," BNC Bancorp's president and CEO, W. Swope Montgomery Jr., said in a statement. "We see additional opportunities to serve customers in attractive markets in the Carolinas and beyond, and plan to carefully deploy investor capital in the future to maximize long-term shareholder value while taking care of our customers in our communities."

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Friday, March 26, 2010

Mortgage Loan Compliance | A Little More Hope For Homeowners

The new foreclosure prevention plan announced today will require the mortgage companies participating in the Obama Administration's existing foreclosure prevention program to consider slashing the amount borrowers owe.

The new effort is designed to help two groups:

1. Borrowers who owe more on their loans than their houses are worth.

Nearly 15 million homeowners fall into this category, according to Moody's Analytics. About 10 million of them owe at least 20 percent more than their house's current value.

These people would be helped in either of two ways: Their mortgage companies can cut the total amount they owe on their mortgage. Or they can refinance into loans backed by the Federal Housing Administration, which insures loans against default. The FHA will get $14 billion in incentive money from the federal bailout fund.

2. Unemployed borrowers.

People receiving unemployment benefits would see their mortgage payments drop to no more than 31 percent of their monthly income -- but only for three to six months. That's intended to give homeowners more time to find a job. Once they do, they may qualify for a loan modification that would permanently reduce their payments.

It also includes three to six months of temporary aid for borrowers who have lost their jobs. And there will be additional payments to give banks an incentive to reduce payments or eliminate second mortgages such as home equity loans.

The plan will also allow lenders to refinance mortgages that are under water with a new loan backed by the FHA. Lenders will have to reduce the first mortgage by at least 10 percent. And the total mortgage debt cannot exceed 115 percent of the current value of the home.

The current HAMP program to prevent foreclosures has failed to make a dent in the problem. Only 170,000 homeowners have completed loan modifications out of 1.1 million who began the program over the past year.

Administration officials played down any notion that the new plan would solve the foreclosure epidemic. About 6 million homeowners have missed at least two months of payments.

Diana Farrell, a White House economic adviser, said the plan won't prevent most of the 10 million to 12 million foreclosures expected over the next three years. Doing so, she said, "wouldn't be fair, it would be too expensive and we probably wouldn't succeed in any case, because many people got into homes that they simply cannot afford."

The administration also stressed that the plan won't aid investors, speculators or "Americans living in million-dollar homes or defaulters on vacation homes."

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Thursday, March 18, 2010

Mortgage Loan Compliance | CoreLogic’s New Fraud Figures

First American CoreLogic analyzed 80 million loans provided through its "Mortgage Fraud Consortium" and identified trends, according to reports. Nationwide, one in every 200 funded residential loans is fraudulent, according to new figures released by First American CoreLogic.

The company's findings will come out at the end of this month, meanwhile the firm has released some key findings, including figures showing that the fraud rate has been decreasing since 2007 and is now about 25% lower than when it peaked in the third quarter of that year.

Since then, lenders have been more aggressive in curtailing mortgage fraud.

"In 2010, 2011 and 2012 you won't see nearly the amount of (fraud) reports that you're seeing today," said Tim Grace, senior vice president of fraud analytics. The states with the highest number of fraudulent loans were California, Florida, Georgia, North Carolina and South Carolina.

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Tuesday, March 9, 2010

Mortgage Loan Compliance | FHA Reverse Discrimination

David Stevens, The Federal Housing Administration Commissioner, wants the nation's largest loan originators to loosen their underwriting standards, allowing more minorities to qualify for government-backed single-family loans.

The commissioner noted that FHA is taking several steps to reduce default risk. But the agency does not want to raise the FHA 3.5% downpayment requirement to 5%, despite congressional pressure. "If we had increased the downpayment to 5% we would severely impact the ability of a good family" to buy a home, he said.

In 2008 many top ranked lenders voluntarily imposed a minimum 620 credit score as subprime borrowers rushed to refinance into FHA loans. Commissioner Stevens told minority real estate professionals that the lenders' action has improved the performance of FHA loans and reduced defaults.

However, the commissioner now wants lenders to consider borrowers with lower FICO scores. "The one thing I will tell you, the difference in approval rates for African-Americans and Latino borrowers between 580 and 620 is significant," Mr. Stevens said.

The FHA commissioner made his comments at a recent conference on minority home ownership.

Back to business as usual.

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Wednesday, March 3, 2010

Mortgage Loan Compliance | Republicans View On HAMP - "Failure"

Representatives Jim Jordan, R-Ohio and Darrell Issa, R-Calif., claim the Obama administration's Home Affordable Modification Program is "misguided" and hundreds of thousands of borrowers in HAMP payment trials will never qualify for a permanent modification.

"Money that could have been spent on affordable rental housing is instead being spent on mortgage payments when many of these homeowners have little hope of permanently keeping their homes," Rep. Jordan said.

The HAMP loan modification program is a "failure" that is hurting more homeowners than it is helping, according to a report issued by Republicans on the House Oversight and Government Reform Committee.

The congressmen offer few suggestions for improving HAMP but press the Treasury Department to release more information about its net present value test, which is used to evaluate mortgages for a modification.

"If the secret NPV test underestimates the re-default rate, servicers will grant too many futile modifications," the report says. Committee Democrats have opened a HAMP investigation and have raised similar concerns about the NPV test.

Separately, a public opinion poll commissioned by the National Association of Home Builders shows that 65% of homeowners believe the government needs to do more to keep families from losing their homes.
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Thursday, February 25, 2010

Mortgage Loan Compliance | New Sales Homes Drops 11.2%

New home sales were below the January 2009 rate of 329,000 and there is no way to sugarcoat these numbers, according to Weiss Research real estate analyst Mike Larson.

Despite the extension of the homebuyer tax credit in November, sales of newly constructed homes fell to a seasonally adjusted annual rate of 309,000 in January from a 348,000 rate in December.

"They stink," Larson said. "Fewer new homes were sold in this country than at any time since the Kennedy administration. The inventory of homes for sale increased, and the median price of a new home fell to its lowest level in more than six years," Mr. Larson said

New home sales plunged 11.2% in January from the previous month ending a streak of encouraging news on a possible housing recovery.

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Mortgage Loan Compliance | Fourth Quarter Mortgage Fraud Index

The occupancy fraud risk index rose 16% since last quarter, the first significant increase in the index since the fourth quarter of 2006. The magnitude of the quarter-on-quarter increase suggests that occupancy fraud risk will be a serious issue going forward, as continuing price declines and get-rich-quick schemes lure investors back into the market and as builders face continuing difficulty in moving unsold inventory.

California now has the highest risk of mortgage fraud with an index value of 222, according to a report from Interthinx.

Nevada, which had the highest index for the previous five quarters, drops to second place with an index of 220, and is closely followed by Arizona with an index of 211, according to the Mortgage Fraud Risk Report for the fourth quarter of 2009.

Florida remains in fourth place at 179, while Colorado is fifth at 153.

Despite a 4% quarter-on-quarter decrease, the property valuation fraud risk index is up 40% over last year and up more than 100% from two years ago. Schemes involving short sales, real estate owned inventories, wholesale flipping, and refinancing by borrowers whose equity has been impaired by falling real estate values continue to drive this index.

Analysts expect lenders to focus more closely on fraud risk mitigation as they work to emerge from the downturn. This will help guard against the potential for fraud as a large number of adjustable rate mortgage loans, especially option adjustable rate mortgages with negative amortization features which reset between now and the first quarter of 2012.
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Wednesday, February 17, 2010

Mortgage Loan Compliance | Home Affordable Modification Program

The Treasury Department reported that Home Affordable Modification Program servicers have completed 116,300 permanent modifications since the modification program was launched last spring. The first 5,000 permanent modifications were completed in October.

Another 830,500 homeowners are participating in three-month payment trials and their monthly payments have been reduced on average by more than $500.

Mortgage servicers completed nearly 50,000 permanent HAMP modifications in January, up from 35,000 in the previous month, as the government's HAMP appears to be finally gaining traction.

"With nearly 1 million homeowners paying less each month and the number of permanent modifications steadily rising, HAMP is doing the job it was designed to do," said Phyllis Caldwell, chief of Treasury's Home Preservation Office.

Treasury also reported that 60,500 borrowers have dropped out the payment trials during the life of program and 1,000 permanent modifications have been cancelled.

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Tuesday, February 9, 2010

Mortgage Loan Compliance | FHA 4Q Originations and Foreclosures Up

Housing officials say they need to raise the FHA upfront mortgage insurance premium 50 basis points to 2.25% this April to cover rising claims and losses. Foreclosures involving FHA-insured loans totaled 20,650 in the fourth quarter, up 41% from the same quarter in 2008.

On the upside, Lenders originated $86.1 billion in FHA-insured single-family loans in the fourth quarter, up 21% from same quarter in 2008.

The Federal Housing Administration reported that 60% or $51.8 billion of the endorsements involved home purchase loans during the final quarter of calendar year 2009. FHA insurance-in-force grew by 24% during in the calendar year to $752.6 billion as of Dec. 31.

Meanwhile, the percentage of single-family loans 90 days or more past due grew by 34%. FHA ended the year with a 9.12% default rate, up from 6.82% at yearend 2008. The use of short sales to avoid foreclosure shot up 140% from a year ago to 2,925 in the fourth quarter of 2009.

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Thursday, January 21, 2010

Commercial Loan Compliance | More Commercial Real Estate Problems

"Despite what you may be hearing, Commercial Real Estate credit problems are affecting big and small banks alike," said the Federal Deposit Insurance Corp. Chairman Sheila Bair in a prepared speech delivered at a Commercial Mortgage Securities Association conference in Washington, D.C.

All banks and thrifts are having problems with commercial real estate loans, not just small community banks, according Bair.

"The annualized net charge-off rate of 6% on C&D loans in the third quarter significantly exceeds the highest rate of the last crisis, which was about 4%," Bair said.

As of October 2009, FDIC-insured institutions held $1.3 trillion Commercial Real Estate and Multifamily mortgages - nearly 18% of total loans. And $44.8 billion are classified as noncurrent meaning 90-days or more past due or considered uncollectible.

Banks and thrifts hold another $500 million in construction and development loans and 15% of these are noncurrent.

The FDIC expects delinquencies and charge-offs will move higher in the coming quarters.

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Wednesday, January 20, 2010

Mortgage Loan Compliance | New FHA Guidelines Revealed

Most of the new FHA guidelines outlined Wednesday will go into effect this spring. The Federal Housing Administration Commissioner, David Stevens, did not provide any insight into how much money the following changes will raise for the FHA reserve fund.
• A 10% down-payment will be required for borrowers with FICOs of less than 580.
• The Mortgage Insurance Premium (MIP) will be increased in a few months from the current charge of 1.75 basis points.
• FHA will allow borrowers to continue financing the upfront MIP.
• And seller concessions will be reduced to 3% from 6%.

The agency also will pursue legislative authority to allow flexibility to bring the annual premium, which borrowers pay on a monthly basis, higher.

The Federal Housing Administration, which is trying to bolster its depleted cash reserves, unveiled tighter underwriting guidelines Wednesday morning, including a hefty down-payment for low FICO score borrowers and an increase in the upfront mortgage insurance premium to 225 basis points. The premium is currently 55 basis points for low down-payment loans that are popular with borrowers.

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Tuesday, January 19, 2010

Mortgage Loan Compliance | The FDIC – Risks and Assurances

The FDIC is seeking public input on a plan to link the insurance premiums levied on banks to the degree of risk-taking. The plan could involve both rewards and penalties for banks. The idea is for institutions deemed to be more of a risk to pay bigger insurance fees.

The number of bank failures is expected to rise this year. The 140 bank failures last year were the highest annual tally since 1992 at the height of the savings and loan crisis. Those 140 failures cost the insurance fund more than $30 billion. The FDIC expects the cost of resolving failed banks to grow to about $100 billion over the next four years.

Depositors' money, insured up to $250,000 per account, is not at risk and the FDIC is backed by the government. Besides the federal deposit insurance fund, the FDIC has about $21 billion in cash available in reserve to cover losses at failed banks. Also the FDIC mandated banks to prepay about $45 billion in premiums, for 2010 through 2012, to replenish the insurance fund.

As the economy has soured, with unemployment rising, home prices tumbling and loan defaults soaring, bank failures have accelerated and sapped billions out of the federal deposit insurance fund, which fell into the red last year.

Banks have been especially hurt by failed real estate loans, both residential and commercial. Banks that had lent to seemingly solid businesses are suffering losses as buildings sit vacant. As development projects collapse, builders are defaulting on their loans.

If the economic recovery falters, defaults on the high-risk loans could spike. Many regional banks hold large concentrations of these types of loans. Nearly $500 billion in commercial real estate loans are expected to come due annually over the next few years.

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Mortgage Loan Compliance® | The Forensic Loan Audit Company

For A Limited Time Order A $59 Rapid Report Forensic Audits Or A $295 Certified Forensic Compliance Audits.

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Thursday, January 14, 2010

Mortgage Loan Compliance | Forbearance Option on HAMP

The Mortgage Bankers Association wants the Obama administration to amend HAMP so servicers can offer borrowers an option to pay only interest on the mortgage and defer principal payments.

Offering an interest-only option would help get the "payments down to a level the borrower can afford," said MBA president John Courson.

The MBA also wants the White House to tone down expectations for the Home Affordable Modification Program and create a forbearance option for borrowers who become unemployed or suffer a loss of income.

Delinquent borrowers are facing a tough economic situation and have a difficult time making it through the HAMP payment trials to qualify for a permanent modification, said MBA chairman Robert Story. If they become unemployed and cannot make their mortgage payments, they "can't qualify for HAMP," Mr. Story said.

Courson and Story strongly believe that forbearance or deferred payments should be considered. Once the borrower gets a job, the servicer can "move them" into a HAMP modification, said Courson in a press briefing earlier this week.

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Mortgage Loan Compliance® | The Forensic Loan Audit Company

For A Limited Time Order A $59 Rapid Report Forensic Audits Or A $295 Certified Forensic Compliance Audits.

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Wednesday, January 13, 2010

Mortgage Loan Compliance | Real Customers, Real Answers

My loan was refinanced in 2005, what is the Statue of Limitations? If I have passed the Statues of Limitations, what could would the audit do, even if there were state /federal violations?

There is some debate over when the Statue of Limitations begin if the required information was never disclosed properly. Time limits will vary depending on the statue for instance some RESPA and TILA laws on a refinance have a right of recession that is three (3) years, but the legal community is divided as to whether the clock begins at loan consummation or if it begins from the point of discover of violations or after full disclosure.

In the Mortgage Loan Compliance Forensic Audits we are looking for fraud, misrepresentation, and breach of fiduciary duties in addition to failure to disclose and proper calculations of the terms and cost of the loan. There is of course no Statue of Limitations for fraud, and if errors are found, fraud should be your main compliant.

However, your Audit could reveal that the Lender was in compliance with the law. Audits are the facts of the loan- what was disclosed, if calculated correctly, and the benefits to the borrower.

A loan or mortgage is a legally binding contract so please be very cautious of anyone or any company that promises that a Audit entitles you to a loan modification, loan recession or otherwise.

Again the Audit is just the facts. The facts of the loan combined with your recollection of promises or assurances made by the lender or broker, and a well drafted compliant is what the courts will consider as a case with merit. Many cases in the past have been kick out of court as having no standing because no proof of wrong-doing was provided or evidenced.

Get The Facts on Your Loan and Protect Your Rights!
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Mortgage Loan Compliance® | The Forensic Loan Audit Company

For A Limited Time Order A $59 Rapid Report Forensic Audits Or A $295 Certified Forensic Compliance Audits.

Call Today 1-866-966-6615 or Visit www.ml-compliance.com

Monday, January 11, 2010

Mortgage Loan Compliance | Home Equity Line of Credit Delinquencies

At the start of 2009, 1.46% of Home Equity Lines Of Credit (HELOC) were 30 days or more days past due and 3.0% of closed-end second liens were 30 days or more past due.

The seasonally adjusted 30-day delinquency rate on home equity lines of credit jumped 20 basis points in the third quarter of 2009 from the previous quarter to a new record of 2.12%, according to an American Bankers Association survey.

On closed-end second mortgages, the seasonally adjusted delinquency rate shot up 29 BP to 4.3% in the third quarter of 2009, also a new record.

Banks and thrifts held $667.5 billion in HELOCs as of Sept. 30, according to Federal Deposit Insurance Corp. Call Report data. Of that, $9 billion or 1.3% was 30-to-89 days past due.

Banks charged off $5.1 billion in HELOCs in the third quarter. FDIC-insured institutions held $187.7 billion in closed-end second liens and 2.6% or $4. 9 billion were 30-89 days past due. Charge-offs on second liens totaled $2.8 billion.

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Mortgage Loan Compliance® | Get The Facts on Your Loan and Protect Your Rights!

For A Limited Time Order A $59 Rapid Report Forensic Audits Or A $295 Certified Forensic Compliance Audits

Call Today 1-866-966-6615 or Visit www.ml-compliance.com

Sunday, January 10, 2010

Mortgage Loan Compliance | The Loan Mod Race: Fannie Vs. Freddie

And in this corner wearing red, white, and blue trunks….

The Federal Housing Finance Agency's quarterly report shows that Freddie, relative to its size, is more efficient at completing HAMP modifications than its larger competitor.

Fannie has completed 11,700 HAMP modifications as of November 30, compared to 10,300 for Freddie.

Fannie Mae was faster than Freddie Mac by a mile in the loan modification race by moving borrowers who do not qualify for the government's Home Affordable Modification Program into alternative restructuring plans.

"Freddie has instructed its servicers to fully support HAMP as the primary modification program," said the Federal Housing Finance Agency in its quarterly Foreclosure Prevention and Refinance Report.

"While Fannie Mae's primary modification solution is HAMP, it has also focused on putting borrowers who do not qualify for HAMP modifications into other modifications leading to most of this increase in the quarter," said FHFA.

Not counting HAMP modifications, Fannie completed 27,700 loan modifications in the third quarter, up 66% from the second quarter. Freddie completed only 9,000 alternative modifications, a 42% decline from the previous quarter.

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Mortgage Loan Compliance® | Get The Facts on Your Loan and Protect Your Rights!

For A Limited Time Order A $59 Rapid Report Forensic Audits Or A $295 Certified Forensic Compliance Audits

Call Today 1-866-966-6615 or Visit www.ml-compliance.com

Friday, January 8, 2010

Mortgage Loan Compliance | City of Baltimore V. Wells Fargo

The city of Baltimore alleged that Wells Fargo targeted minority neighborhoods with subprime loans, which lead to foreclosures and deterioration of inner city neighborhoods.

U.S. District Court Judge Frederick Motz has ruled in favor of Wells Fargo Bank NA and dismissed a lawsuit by the City of Baltimore seeking reimbursement for expenses and loss of revenues due to foreclosures and vacant homes.

The city's allegations of a "casual connection between Wells Fargo's alleged misconduct and the damages the city claims is not plausible," the judge ruled. The opinion says the number of vacant homes in Baltimore range from 16,000 to 33,000 and the city has identified only 401 vacant properties involving Wells Fargo loans.

Judge Motz noted in his opinion that the bank is responsible for only a "negligible portion" the city's vacant properties and other factors such as high unemployment, drug use and violence also are factors. He has left leeway for the city to file an amended complaint that seeks damages for "specific houses that became vacant allegedly because of Wells Fargo's lending activities."

"From the beginning, we have consistently maintained that Baltimore's economic problems could not be attributed to the small number of foreclosures Wells Fargo has done in Baltimore," said Cara Heiden, co-president of Wells Fargo Home Mortgage. "We are pleased the court's decision rejects the city's claim and reflects this point of view."

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Mortgage Loan Compliance® | Get The Facts on Your Loan and Protect Your Rights!

For A Limited Time Order A $59 Rapid Report Forensic Audits Or A $295 Certified Forensic Compliance Audits

Call Today 1-866-966-6615 or Visit www.ml-compliance.com

Thursday, January 7, 2010

Mortgage Loan Compliance | FHA’s New Appraisal Policy On Hold

Back in September 2009 FHA officials outlined a number of risk management initiatives, including a new appraisal policy.

"FHA does not require the use of appraisal management companies or other third party providers, but it does require lenders take responsibility to assure appraiser independence," FHA officials said.

FHA officials initially set a January 1, 2010 effective date. Officials have now concluded that FHA lenders need more time to change to their systems and decided to give them 45 more days, according to sources.

The Federal Housing Administration is temporarily delaying the effective date of its new policy to shield appraisers from loan officer and mortgage broker pressure until February 15, 2010.

The new policy would put FHA in synch with Fannie Mae and Freddie Mac and prohibit commission-based staff and brokers from selecting appraisers.

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Mortgage Loan Compliance® | Get The Facts on Your Loan and Protect Your Rights!

For A Limited Time Order A $59 Rapid Report Forensic Audits Or A $295 Certified Forensic Compliance Audits

Call Today 1-866-966-6615 or Visit www.ml-compliance.com

Wednesday, January 6, 2010

Commercial Loan Compliance | Banks Suffering on Commercial

Banks hold nearly 45% of the outstanding $3.4 trillion in CRE and multifamily mortgages on their books and 20% are packaged into CMBS, according to MBA's newly released CRE Quarterly Data Book for the third quarter.

Commercial real estate loans held by commercial banks and in CMBS are experiencing higher delinquency rates than CRE loans held by other investors, according to a new report from the Mortgage Bankers Association.

"While loans held by banks and thrifts and CMBS are experiencing stress roughly on par with the stress with what was seen following the stress of the late-1980s/early-1990s, loans held by life insurance companies, Fannie Mae and Freddie Mac are performing far better than the experience of that time," MBA says.

Thrifts hold 5.6% of CRE and multifamily loans.

The Quarterly Data Book also shows that commercial banks have reduced their CRE lending over the past three years. In the third quarter of 2009, banks originated $62 billion in CRE/multifamily loans, down 52% from the same period a year ago.

Meanwhile, Fannie and Freddie originated $143 billion in multifamily loans in the third quarter, down 31% from the same period in 2008.

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Commercial Loan Compliance® | A Certified Forensic Audit Company

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Monday, January 4, 2010

Mortgage Loan Compliance | GMAC, ResCap, and TARP Again

ResCap and its mortgage affiliates originated $15.4 billion in residential loans in the third quarter - predominantly Fannie Mae, Freddie Mac and Federal Housing Administration product. It is a top-10 mortgage servicer with a $380 billion servicing portfolio.

Losses due to ResCap's mortgage operations totaled $3.9 billion for the first three quarters of 2009, including a $747 million loss in the third quarter. In propping up ResCap, GMAC also took a $500 million "repurchase reserve expense" for mortgage buyback demands from investors who claim the loans they purchased from ResCap violate representations and warranties. GMAC took a similar $515 million expense in the third quarter.

GMAC Financial Services has used a $3.8 billion capital infusion from the Treasury Department TARP Funds to take a $2 billion writedown on its mortgage assets and pursue options that could include the sale of Residential Capital.

GMAC also made a $2.7 billion capital contribution to ResCap in the form of mortgage loans, debt forgiveness and cash.

"These decisive balance sheet actions and resulting capital infusions are intended to minimize the impact on GMAC and Ally Bank of any future losses related to ResCap's legacy mortgage business," GMAC chief executive Michael Carpenter said.

The CEO also noted these actions will allow GMAC to "pursue strategic alternatives" with respect to ResCap and the mortgage business. "We expect to consider various possible options," company spokeswoman Gina Proia said when asked about a possible sale. "There are no special plans at this time," she added.

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Mortgage Loan Compliance® | Get The Facts on Your Loan and Protect Your Rights!

For A Limited Time Order A $59 Rapid Report Forensic Audits Or A $295 Certified Forensic Compliance Audits

Call Today 1-866-966-6615 or Visit www.ml-compliance.com

Saturday, January 2, 2010

Mortgage Loan Compliance | Resolution #1 - Remove 1% Limit on FHA Origination Fees

As a result of a new Real Estate Settlement Procedures Act rule, "FHA no longer limits the origination fee to 1% of the mortgage amount for its standard mortgage insurance programs," HUD says in mortgagee letter 2009-53.

"FHA expects that lenders will continue to charge fair and reasonable fees for all origination services and the agency will continue to monitor to ensure that FHA borrowers are not overcharged," FHA commissioner David Stevens says in the mortgagee letter.

Federal Housing Administration lenders are expected to charge reasonable origination fees but in most cases they will no longer be bound to a 1% limit, according to the Department of Housing and Urban Development.

However, the 1% limit will continue to apply to FHA-insured reverse mortgages and FHA 203(k) purchase/renovation loans.

The Good Faith Estimate does not disclose the lender's origination fee as a single line item.

The new RESPA rule went into effect Friday Jan. 1, 2010 and mandates the use of a standardized Good Faith Estimate disclosure that bundles all origination charges into a single fee.
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Mortgage Loan Compliance® | Get The Facts on Your Loan and Protect Your Rights!

For A Limited Time Order A $59 Rapid Report Forensic Audits Or A $295 Certified Forensic Compliance Audits

Call Today 1-866-966-6615 or Visit www.ml-compliance.com