A New York state appeals court last week shut down Morgan Stanley’s attempt to undo a lower court finding that Allstate Insurance Co.’s lawsuit over $100 million in allegedly overrated MBS had been timely filed. A five-judge panel of the New York Supreme Court Appellate Division, First Department, was not swayed by Morgan Stanley’s argument that the trial judge had erred in holding that Allstate must have had actual notice of its claims of misrepresentation by the investment bank in order for the suit to be time-barred. Allstate sued...

In April, William Erbey, chairman of Ocwen Financial, claimed that servicing sales to nonbanks had essentially stopped due to an investigation launched in February by the New York Department of Financial Services. “Nothing is really being put out for bid right now,” Erbey said during the earnings call for Home Loan Servicing Solutions, where he is also chairman. However, major nonbank servicers expect that the slowdown is temporary, with significant transfers likely to resume ...

The House Appropriations Committee this week approved the FY 2015 Transportation, Housing and Urban Development funding bill, which, among other, things contains a provision prohibiting federal housing agencies from facilitating the use of eminent domain in resolving foreclosure problems. Specifically, the FHA, Ginnie Mae and the Department of Housing and Urban Development would not be allowed to use funds appropriated by Congress to “insure, securitize or establish a federal guarantee” of any mortgage or mortgage-backed security that refinances or replaces a mortgage that has been subject to eminent domain condemnation or seizure by a state, municipality or any other political subdivision of a state. In addition, the bill would prohibit the use of appropriated funds or any receipts or amounts collected under any FHA program to implement the FHA’s new Homeowners Armed with Knowledge (HAWK) program. HUD has proposed to ...

AAG, NCRC Announces Fair Lending Partnership in Reverse Mortgages. American Advisors Group, ranked first among the nation’s Home Equity Conversion Mortgage lenders in 2013 by Inside FHA Lending, has collaborated with the National Community Reinvestment Coalition to ensure fair lending to older borrowers. Through this partnership, AAG employees will complete an NCRC fair housing training course. In addition, the AAG will consult with NCRC to develop best practices for complying with the Fair Housing Act. An umbrella group of more than 600 community-based organizations, the NCRC will also serve as an adviser to AAG in providing HECM mortgages to qualified borrowers age 62 or older. AAG Chief Executive Officer Reza Jahangiri said the partnership is a huge step toward the promotion of fair lending practices and responsible lending. AAG was the top HECM lender in 2013 with $1.4 billion in total originations representing ...

State regulators are evaluating regulation and supervision of nonbank servicers due to the growth seen in the sector in recent years, according to officials at the Conference of State Bank Supervisors, which last month closed a request for proposals on the issue. “This is just a really good time for us as a system to look at this change, what does this change mean, and how should it inform the licensing regime on the state side,” said Michael Stevens, senior executive vice president at the CSBS. Among other issues, state regulators are researching...

The New York Department of Financial Services expanded its investigation of nonbank servicers, raising concerns about sales of real estate owned properties for Ocwen Financial by Altisource Portfolio Solutions, an affiliate of the nonbank servicer. Officials at Altisource downplayed the concerns late last week and said the company plans to continue to grow with Ocwen. In February, NYDFS Superintendent Ben Lawsky put on indefinite hold a planned servicing transfer from Wells Fargo to Ocwen on mostly non-agency mortgages with an unpaid principal balance of $39.2 billion. Lawsky has sent a number of questions to Ocwen as well as Nationstar Mortgage based on concerns that the nonbank servicers were growing too quickly. Officials at Ocwen note...

Nationstar Mortgage joined Ocwen Financial last week under the glare of the New York Department of Financial Services’ spotlight. Ben Lawsky, superintendent of the NYDFS, said the state regulator has received hundreds of complaints about Nationstar’s practices, including problems with loan modifications, improper fees and lost paperwork. “Our department has significant concerns that the explosive growth at Nationstar and other nonbank servicers may create capacity issues ...

The Dodd-Frank Wall Street Reform and Consumer Protection Act is proving to be a burden to small banks throughout the country and threatens to cut off a variety of product offerings for many of the borrowers they serve, according to a new study by George Mason University's Mercatus Center. "Our initial analysis suggests that Dodd-Frank is having significant effects on small banks and their customers. A large majority of small banks view Dodd-Frank as more burdensome than the Bank Secrecy Act, a regulatory regime that banks widely regard as very burdensome," said the study, which was prepared by a trio of academics, including senior research fellow Hester Peirce, former senior counsel to Sen. Richard Shelby, R-AL, on the Senate Banking, Housing and Urban Affairs Committee.

Nonbank servicers are receiving increased attention from state regulators, the Consumer Financial Protection Bureau and members of Congress. Ocwen Financial is at the center of the storm as its planned acquisition of mortgage servicing rights from Wells Fargo on loans with an unpaid principal balance of $39.2 billion is on "indefinite hold" due to a request from New York's Department of Financial Services. Ben Lawsky, superintendent of the NYDFS, has focused on ...

Officials at Nationstar Mortgage, Ocwen Financial and Walter Investment Management all stressed this week that their servicing efforts align with what regulators want as well as with the interests of investors in non-agency mortgage-backed securities. The servicers also suggest that while new scrutiny on their practices could extend the amount of time it takes to complete servicing transfers, there is still plenty of business to be done. William Erbey, Ocwen's chairman, said he agreed with ...