Compliance & Regulation

While it has always been difficult to get a handle on the size of the mortgage fraud problem, a new report by a leading provider of fraud detection products indicates that the incidence of the crime may be much greater than anyone thinks. Analysts at Interthinx, Agoura Hills, Calif., say they found more than 42,000 mortgage applications in the second half of last year that contained significant misrepresentations of the borrowers' incomes. In total, the loans were worth nearly $11 billion. "I have no idea how many of the loans were funded, but I hope none of them," Ann Fulmer, the company's vice president of industry relations, said at the Mortgage Bankers Association's National Fraud Issues Conference in Chicago, where the six-month analysis was released. The questionable loans were discovered by Interthinx' income alert program, which warns clients that a borrower has submitted multiple loan applications and his income has jumped by at least 15% over a prescribed period. "Fraud is like water -- it always seeks the lowest level," Ms. Fulmer said. "That's why it is finding ways around the barriers lenders set up to uncover them." The company can be found on the Web at http://www.interthinx.com.

The FBI has set mid-June for another "national sweep" in its continuing effort to nab perpetrators of mortgage fraud. The new sweep, which involves law enforcement agencies at the federal, state, and local levels and has been dubbed "Operation Malicious Mortgage," is intended as "an important statement," according to John Arterberry, executive deputy chief in the Justice Department's Fraud Section. "We want to send the message that law enforcement takes mortgage fraud seriously," Mr. Arterberry said at the Mortgage Bankers Association's National Fraud issues Conference in Chicago. The planned sweep will be the FBI's third such effort. The first, in 2004, resulted in charges against 150 alleged criminals. The second was a year later and resulted in charges against 155 people. But this time, Mr. Arterberry said, the goal is to "double the number" of defendants. "We want to send a strong deterrent message," the Justice Department official told the conference. The MBA can be found online at http://www.mortgagebankers.org.

The Federal Reserve, in conjunction with several other central banks, has announced new measures to promote liquidity in financial markets. Under the new Term Securities Lending Facility, the Fed will lend up to $200 billion of Treasury securities to primary dealers secured for a term of 28 days (rather than overnight, as in the existing program) by a pledge of other securities, including federal agency debt, agency residential-mortgage-backed securities, and nonagency triple-A rated private-label residential MBS. Securities will be sold via weekly auctions, beginning March 27. In addition, the Federal Open Market Committee has authorized increases in its temporary reciprocal currency arrangements, or swap lines, with the European Central Bank and the Swiss National Bank. The latest actions supplement measures announced March 7 to boost the size of the Fed's Term Auction Facility to $100 billion, among other things. Sen. Christopher J. Dodd, D-Conn., chairman of the Senate Banking Committee, termed the Fed move "a significant step" to address the "liquidity lock-down" in U.S. credit markets, but he called for further steps to address "the foreclosure crisis." He said he is preparing legislation to do so.

Refinance.com has received government approval to refinance subprime borrowers that are a few months delinquent into Federal Housing Administration-insured loans once the mortgage insurer, investor, or servicer makes up the necessary payments to bring the loan current. The New York-based lender received FHA approval a few weeks ago. "We have told our servicers and mortgage insurance companies of its availability," Refinance.com chairman and chief executive Nicholas Bratsafolis told MortgageWire. Mr. Bratsafolis noted that a lot of refinances will face loan-to-value problems, and he is encouraging servicers to use a shared-equity mortgage to reduce the principal amount of the mortgage to an affordable level. His branded "Appreciating America Second Mortgage" does not trigger a writedown until it is paid off or the property appreciates by 15%. FHA officials have "confirmed it would be appropriate" to use a shared appreciation mortgage in FHA refinancing, the CEO said. The borrower does not have to make payments on the SAM and receives a 30% share of the appreciation plus reimbursement for improvements when it's paid off. The company, also known as Homebridge Corp., is launching a marketing campaign for the Appreciating America Second Mortgage in a few weeks.

Treasury Secretary Henry Paulson continues to dismiss calls for helping borrowers with "underwater" mortgages through principal reductions that are being advocated by some federal banking regulators. It's not the "government's job" to help borrowers who would walk away from their homes because the properties' values have dropped and they don't want to pay the mortgage, Secretary Paulson told the American Bankers Association. The Treasury secretary played an important role in getting mortgage servicers to join the Hope Now alliance, which is focused on helping struggling homeowners who want to stay in their homes but can't afford their mortgage payment because of a change in their ability to pay or the reset of an adjustable-rate mortgage. He stressed that it is important for the Hope Now servicers to publicly disclose the results of their workout efforts so that everyone can see whether the servicers are following through on the commitments. "I won't look kindly on free riders," Mr. Paulson said. Last week, Federal Reserve Board Chairman Ben S. Bernanke called on lenders to make permanent reductions in the principal amount of a mortgage to help troubled borrowers stay in their homes or refinance into a Federal Housing Administration-insured mortgage.

Fannie Mae will begin purchasing fixed-rate jumbo mortgages on April 1, but the single-family loans will have to be manually underwritten until its automated underwriting system is updated. Purchases of adjustable-rate mortgages will begin May 1, the secondary-market agency told lenders in posting its underwriting criteria for the temporary jumbo program authorized by Congress in the economic stimulus bill. On purchase mortgages, loan-to-value ratios (including second liens) cannot exceed 90% on fixed-rate jumbos and 80% on ARMs, which means a homebuyer has to put up a 20% downpayment on a jumbo ARM. On refinancings, the cash take-out is limited to $2,000, and the LTV ratio cannot exceed 75% on the first mortgage or 95% with second liens. Despite the conservative lending standards, Fannie is charging a special fee of 25 basis points on fixed-rate jumbos and a 75-bp fee on ARMs. The government-sponsored enterprise can be found on the Web at http://www.fanniemae.com.

An economic adviser to former President Ronald Reagan has proposed a way to help struggling homeowners lower their mortgage payments, and it has caught the eye of White House officials because it could reduce defaults, cushion falling house prices, and lower the loan-to-value ratios of existing mortgages. The federal government would provide an unsecured loan equal to 20% of the homeowner's existing mortgage with a low rate that is payable in 15 years under the proposal outlined by Harvard University Professor Martin Feldstein in a Wall Street Journal editorial. With the pay-down mortgage loan, borrowers would pay less in total interest and have less incentive to default or walk away due to falling house prices because they could not escape repayment of the government loan. The lender/investor ends up with a more secure mortgage and a check for 20% of the mortgage. President Bush's economic adviser Edward Lazear said the White House is looking at "Feldstein's idea." The Harvard professor said the government could implement his "substitution loan" program in a few months without creating a large bureaucracy.

JPMorgan Chase Bank NA will be exercising its rights in a default on a margin call of about $28 million at Thornburg Mortgage, triggering cross-defaults that Thornburg said could be "material," according to a Securities and Exchange Commission filing. Thornburg, a real estate investment trust based in Santa Fe, N.M., had said earlier that it was in default with one reverse-repurchase counterparty involved in the second of two sets of margin calls it faced recently. But it had said it was working to repay that counterparty, which had not yet exercised its right to liquidate collateral. The SEC filing indicated that JPM "will exercise its rights." The default has "triggered cross-defaults under all of the company's other secured loan agreements," the filing said.

The Federal Deposit Insurance Corp. is working on a policy statement to clarify how it would deal with covered bonds in a failed bank situation so investors are comfortable holding these instruments, which provide lenders with an alternative way to finance their mortgage lending operations. "FDIC wants to bring certainty to the process and lower the cost of issuing covered bonds," agency spokesman Andrew Gray said. Several U.S. banks have issued covered bonds collateralized by mortgages in European markets that have become concerned about FDIC pay-off policies. The FDIC generally has 90 days to decide how to deal with the assets and liabilities when a bank or thrift fails. The policy statement would clarify that the FDIC intends to shorten the period significantly "so there would be the assurance that it wouldn't spread out over three months," the agency spokesman said. The FDIC wants to issue the policy statement in April for public comment so it can go into effect in late summer.

The Federal Reserve has announced plans for moves to "address heightened liquidity pressures in term funding markets," including $100 billion of term repurchase transactions for which agency mortgage-backed securities, agency debt, or Treasuries may be delivered as collateral. The Fed also plans to increase the amounts outstanding in the term auction facility to $100 billion, with auctions on March 10 and March 24 increased by $20 billion each to $50 billion each. The TAF auctions are slated to be conducted "for at least the next six months unless evolving market conditions clearly indicate that such auctions are no longer necessary," the agency said. The Fed also said it would increase the size of both the repo operations and the auctions "if conditions warrant."