Capital requirements and standards proposed by state regulators for nonbank servicers appear to be unnecessary, according to trade groups representing servicers. State regulators issued the proposal in March, seeking to ensure that nonbanks conduct their servicing operations in a safe and sound manner and have strong consumer protections in place. “It is not clear that nonbank mortgage servicers require a prudential regulatory regime,” a group of 37 state ...

Financial institution regulators in Washington state have charged Quicken Loans with using false, deceptive and misleading advertisements to target veterans and active military members with adjustable-rate refinance offers. According to a complaint filed by the Division of Consumer Services of the Washington State Department of Financial Institutions, Quicken Loans falsely implied in its direct mailings that it is associated with the Department of Veteran Affairs. The VA provides guarantees to fixed- and adjustable-rate mortgage loans to veterans and servicemembers through the agency’s Home Loan Guaranty program. Quicken Loans allegedly used graphics in its 5/1 ARM solicitations that resembled the seal of the VA, with the words “Governed By: United States Veterans Department.” In addition, the Michigan-based lender allegedly used an ...

The frequently-asked-questions guidance to using the FHA’s consolidated Single Family Policy Handbook is good to have though it shows just how complicated the FHA’s mortgage origination process is, according to lenders. In fact, the updated FHA handbook could still be confusing to borrowers simply because a lot more information is concentrated in one source, lenders said. According to the FHA, the more than 290 FAQs will enable lenders to make operation adjustments before the handbook goes into effect on Sept. 14, 2015. The FAQs are for information purposes only and do not apply to current FHA policies. They do not establish or modify policy contained in the handbook. The FAQs reiterate information in the handbook under headings such as Credit Underwriting, Closing and Insuring, FHA System Support and Consumer Information. Industry observers noted that the FAQs did not ...

The Office of the Wisconsin Insurance Commissioner has launched a preliminary investigation into lender-paid mortgage insurance, a revelation that is causing additional unease at private MIs. Sources confirmed to Inside Mortgage Finance this week that insurance regulators in the state are looking at what one official called discounting “practices” for the product. He added: “Wisconsin is asking them to name names: ‘Who are you giving discounts to, on what basis, etc.” This official, who did not want to go on the record regarding the matter, said...

Lenders pushed back against state regulators that are considering changes to the Nationwide Multistate Licensing System and Registry licensing forms and the Mortgage Call Report. The State Regulatory Registry, which operates nationwide systems for state regulators, received a total of 11 comments from individuals and organizations regarding a proposal issued in May. Lenders provided a few constructive suggestions along with voicing frustration regarding state regulators’ data collection efforts. Pete Mills, a senior vice president of residential policy and member services at the Mortgage Bankers Association, urged...

The CFPB and the Florida Attorney General’s office were granted a $27.7 million final judgment on Friday against the Hoffman Law Group and corporate affiliates, which allegedly used deceptive marketing practices and scammed distressed homeowners into paying illegal advance fees. The lawsuit named Hoffman Law Group (formerly Residential Litigation Group), its operators, Michael Harper, Benn Willcox and attorney Marc Hoffman, and its affiliated companies, Nationwide Management Solutions, Legal Intake Solutions, File Intake Solutions, and BM Marketing Group, all based in North Palm Beach, FL. The two government agencies accused the companies of tricking consumers into paying millions of dollars in illegal upfront fees to join frivolous lawsuits that the companies falsely claimed would pressure banks to modify their loans or ...

Lenders are so amped up about the CFPB’s pending integrated disclosure rule and the host of other mortgage-related and other financial services regulations from the bureau that they can be forgiven for getting excited about the prospect of regulatory relief from sympathizers in Congress. However, the bill that made its way out of the Senate Banking, Housing and Urban Affairs Committee, the Financial Regulatory Improvement Act of 2015, introduced by Sen. Richard Shelby, R-AL, is really just the first serious episode of what will likely be a series of mini-dramas to come in the weeks and months ahead. So lenders shouldn’t get their hopes up just yet, some observers suggest. “It’s a starter,” said Bob Davis, head of mortgage markets ...

Security issuances backed by VA loans totaled $35.5 billion in the first quarter of 2015, with VA streamline refinance loans accounting for 57.7 percent, according to an Inside FHA/VA Lending analysis of Ginnie Mae data. Approximately $20.5 billion in VA interest rate reduction refinancing loans were securitized during the first three months as borrowers took advantage of lower interest rates.“For the last three to four months, rates have been bottoming out again, and if rates are lower it makes sense to refinance,” said Jon Shrum, vice president of Commerce Home Mortgage, a VA-certified lender in Huntington Beach, CA. An estimated $14.5 billion in VA purchase mortgages also were securitized during period. VA loans comprised 13.1 percent of all loans in Fannie Mae, Freddie Mac and Ginnie Mae mortgage-backed securities. California, Virginia, Texas, Florida and Washington, ... [2 charts]

Whistleblowers that bring a False Claim Act claim against an FHA lender based on previous publicly disclosed information have no standing, according to a recent federal district court ruling. Judge Jack Zouhary of the U.S. District Court for the Northern District of Ohio dismissed an FCA lawsuit against U.S. Bank because the whistleblower had neither direct nor independent knowledge of the bank’s alleged false claims – two basic requirements for standing in a whistleblower suit. The Advocates for Basic Legal Equality (ABLE), an Ohio-based legal aid group, filed an FCA lawsuit against U.S. Bank for allegedly disregarding and violating FHA regulations. The group accused the bank of filing false claims and collecting payments without evaluating loss mitigation alternatives before foreclosing on properties. According to ABLE, it had consulted with “many people,” whose mortgage loans were ...

State regulators are seeking comments regarding a number of potential changes to the Nationwide Multistate Licensing System and Registry licensing forms and the mortgage call report. Among other issues, state regulators are working to continue state adoption of the MCR as the sole activity reporting requirement for state-regulated lenders. About 14,500 companies fill out the MCR each quarter, detailing originations and other metrics. The State Regulatory Registry, which operates nationwide systems for state regulators, said compliance with the MCR remains a concern. “Compliance has steadily improved...