A “bad bank” entity for pooling and standardized restructuring and resecuritization of underwater mortgages may be the best bet for the housing market to pull itself out of the negative equity quagmire of the last several years, according to a proposal by a Georgetown University law professor. In his white paper – Clearing the Mortgage Market Through Principal Reduction: A Bad Bank for Housing RTC 2.0 – Adam Levitin makes the case that the best option for “clearing the market” lies via “negotiated, quasi-voluntary principal reduction” using a privately funded Resolution Trust Corporation-style entity. “Such an RTC 2.0 would provide a framework for implementing ‘quasi-voluntary’ principal reductions in the context of litigation or regulatory settlement or the federal government’s exercise of its secondary market power to exclude...

Fannie Mae and Freddie Mac have adopted a “common language” to improve and help ease lenders’ delivery of loans and appraisals to the government-sponsored enterprises. The GSEs’ full adoption of the Uniform Loan Delivery Dataset (ULDD) on July 23 establishes a common usage and standardizes most of the data required at the time of loan delivery, minimizing differences wherever possible. Freddie Mac hailed the new system as a “critical milestone” of the Uniform Mortgage Data Program, a joint GSE initiative to provide...

New home loan originations in the second quarter of 2012 were up 5.2 percent from the first three months of the year, according to a new Inside Mortgage Finance ranking and analysis. Production trends varied significantly among the top lenders, however, and early estimates suggest that lenders further down the food chain may be picking up market share. Wells Fargo is still effectively lapping the field with more than double the origination volume of its nearest rival, but the industry leader managed a relatively modest 0.8 percent increase in production while its three closest competitors all reported double-digit gains. Although Wells may be mothballing some firepower by shutting down its wholesale broker business, the company was...[Includes two data charts]

The Federal Housing Finance Agency has hired PricewaterhouseCoopers to develop a plan for taking Fannie Mae, Freddie Mac and the Federal Home Loan Banks into receivership. The FHFA reports it has entered into a contract with PricewaterhouseCoopers to create a blueprint for liquidating Fannie, Freddie or any of 12 Federal Home Loan Banks, if ever necessary. But it is all part of routine planning activity under the agency’s mission, said a spokesperson. “The FHFA has engaged in...

The Treasury Department announced harsh penalties this month for fraudulent activity uncovered in the Home Affordable Modification Program. In an unprecedented move for HAMP, the Treasury said that in certain circumstances it will recapture servicer, borrower or investor incentives previously paid. The Treasury said it hired a contractor to look for borrower fraud regarding identity, occupancy requirements, and certain criminal activity that the Dodd-Frank Act determined would make a borrower ineligible for HAMP. If the servicer cannot clear the borrower of the potential HAMP violation, the borrower’s HAMP mod will be rescinded along with any associated incentive payments. Beginning in October, the contractor will review...

The Federal Housing Finance Agency has not “effectively employed” its monitoring and supervision of Fannie Mae and Freddie Mac risk related to real estate owned properties, according to the FHFA’s Office of Inspector General. “The FHFA will benefit from a more comprehensive REO risk assessment and from using the assessment to enhance its planning and supervisory activities,” said the OIG. “A more comprehensive assessment of the risks associated with [Fannie’s and Freddie’s] shadow REO inventory can help the FHFA provide for the enterprises’ safety and soundness and help protect the taxpayers from undue losses by ensuring the agency focuses on its supervision where it can best mitigate risks.” From 2007 through 2011, the GSEs’ combined REO inventory rose...

Mortgage lending and servicing industry representatives were able to get an advanced look at what the Consumer Financial Protection Bureau is considering imposing on the mortgage servicing sector, and that glimpse has generated a number of significant concerns right out of the box. The American Financial Services Association, the Consumer Mortgage Coalition, the Mortgage Bankers Association and the Residential Servicing Coalition submitted a joint comment letter to the CFPB in response to its April 9 outline of servicing rules...

Wells Fargo has agreed to a $175 million fair lending settlement with the U.S. Department of Justice, the Illinois Attorney General’s office and the Pennsylvania Human Relations Commission. The settlement provides $125 million in compensation for minority borrowers who were allegedly steered into subprime mortgages or who paid higher fees and rates than white borrowers because of their race or national origin. Wells will also provide $50 million in direct downpayment assistance to borrowers in communities around...

Mortgage lending representatives are asking federal banking regulators to stop using disparate impact analysis in fair lending cases, arguing that its use is based on unsupported legal theory, yet carries real consequences for banks and consumers that detract from legitimate fair lending efforts. Frank Keating, president and CEO of the American Bankers Association, said his members are strong advocates for fair lending and fully support enforcement against practices that intentionally discriminate. “However, disparate impact asserts fair lending violations occurred based only on...

Judge Michael Simon of the U.S. District Court for the District of Oregon ruled that breach of contract claims brought by tens of thousands of homeowners may proceed in a nationwide class action alleging that Bank of America improperly force-placed high-premium flood insurance policies on homeowners across the country. In Arnett, et al. v. Bank of America, N.A., Civil Action No. 11-cv-1372, plaintiffs Ronda and Larry Arnett allege that Bank of America has a practice of force-placing flood insurance coverage above...