One of the newly filed Senate bills to advance the White House’s election-year refinance initiatives would pay for itself by extending the decade-long hike in loan guarantee fees for “just one more year” through 2022, according to the bill’s Democrat sponsor. Last week, Sen. Diane Feinstein, D-CA, introduced the Expanding Refinancing Opportunities Act of 2012, to allow more homeowners the chance to refinance via FHA mortgage insurance. The bill is geared toward mortgages not already guaranteed by Fannie Mae, Freddie Mac or the FHA. Feinstein’s bill would create a $6 billion FHA fund to provide...

Industry trade groups are urging Congress to broaden borrower access to the Department of Veterans Affairs and Department of Agriculture housing programs, but advocates for a smaller government presence in the mortgage market are warning this is bad policy. In joint letters to the Senate banking and veterans affairs committees, the Mortgage Bankers Association, National Association of Home Builders and the National Association of Realtors sought support for legislation making adjustable-rate mortgages a permanent fixture in the VA Loan Guaranty Program. The three industry groups are also seeking legislation...

Mortgage originator compensation has moved clearly into the crosshairs of the Consumer Financial Protection Bureau as part of a broader proposed rule expected soon that will also address originator qualifications as well as the paying of discount points and fees. Senior CFPB officials briefed the press last week on their plans, which will be shared in greater detail sometime next week with a group of small businesses related to the mortgage lending industry per the Small Business Regulatory Enforcement Fairness Act. The act requires the bureau to convene a small business panel...

Three mortgage lending industry groups have challenged the position of the Consumer Financial Protection Bureau in a key Truth in Lending Act case by asserting that borrowers must file a lawsuit within three years of a mortgage loan’s signing in order to exercise their right of rescission. As far as the industry is concerned, the crux of the dispute in Rosenfield v. HSBC Bank, No. 10-1442, currently before the 10th District Court of Appeals, is whether borrowers who notify lenders of their intent to rescind must also sue their lenders within three years. TILA gives certain...

The Consumer Financial Protection Bureau has sided with borrowers in an appeals case being brought under the Fair Debt Collection Practices Act, Birster v. American Home Mortgage Servicing, Inc., which is currently before the 11th Circuit Court of Appeals. The FDCPA prohibits debt collectors from using certain means to collect debts and from engaging in certain conduct in connection with the collection of a debt. In order for a plaintiff to successfully sue under the act, he or so must show two things: that the defendant is in fact a debt collector under the law, and the behavior...

In Bridge v. Ocwen Federal Bank, FSB, the U.S. Court of Appeals for the Sixth Circuit recently ruled that a pro se plaintiff stated a Fair Debt Collection Practices Act claim against a mortgage servicer where the mortgage was not actually in default, reversing the district court’s dismissal. The court came to the conclusion that the mortgage servicer and the purchaser of the mortgage came under the scope of the FDCPA because the mortgage servicer treated the mortgage as if it were in default and tried to collect on it as a debt that was in default. In Bridge, the homeowner...

Mortgage bankers and brokers are making a fresh push to support H.R. 4323, the Consumer Mortgage Choice Act, legislation that would change the way points and fees are calculated under the Qualified Mortgage definition in the Dodd-Frank Act. Trade groups representing these segments of the industry have made new appeals to their members recently to reach out to their respective lawmakers and garner their support for the legislation. The Consumer Mortgage Choice Act would spell out that affiliate title fees, certain loan originator compensation, and escrow payments are not included...

Fannie Mae and Freddie Mac reported robust activity in their expanded refinance programs for underwater borrowers, while Ginnie Mae is looking at new procedures to identify the potential new issuers that are most likely to become strong participants in its program. Freddie officials are very focused on the expanded Home Affordable Refinance Program, said Paul Mullings, senior VP for single-family sourcing at the government-sponsored enterprise. He told attendees at the Mortgage Bankers Association National Secondary Market Conference in New York this week that HARP now accounts for 26 percent of the refi loan...

The paint is still wet on the expanded Home Affordable Refinance Program, but the Obama administration says it is firmly behind efforts by Senate Democrats to expand the program for underwater Fannie Mae and Freddie Mac borrowers even further. Sens. Robert Menendez, D-NJ, and Barbara Boxer, D-CA, are preparing to file legislation that would force Fannie Mae and Freddie Mac to waive representations and warranties on new HARP loans regardless of whether the refinance lender serviced the previous mortgage. The forthcoming Responsible Homeowner Refinance Act of 2012 would also prohibit the government...

Ocwen Financial has been a leader in principal-reduction loan modifications and officials at the company suggest the mods give Ocwen a competitive advantage over other servicers. The advantage could come into play as bank servicers look to complete required principal-reduction mods as part of the recent $25 billion servicing settlement. “I think we’ve done as many principal-reduction mods as the rest of the industry combined ...