Compliance & Regulation

Barclays Bank of London, which lent $400 million to two subprime hedge funds managed by Bear Stearns & Co., has sued the Wall Street firm, charging that Bear misled it about the performance of the funds.The funds -- High-Grade Structured Credit Strategies Fund, and High-Grade Structured Credit Strategies Enhanced Leverage Fund -- filed for bankruptcy protection in the Cayman Islands this summer. Barclays is owed money by the firms. The funds were managed by two Bear executives: Ralph Cioffi and Matthew Tannin. Mr. Cioffi recently left Bear. At deadline time, Bear Stearns had not commented on the suit. The failure of the funds is the subject of a criminal probe and an investigation by the Securities and Exchange Commission.

The National Ethics Bureau, San Diego, has announced that it is now accepting real estate and mortgage professionals as members.Mortgage brokers who apply must pass a comprehensive seven-year background check for criminal, civil, and business violations, hold a valid mortgage broker license, and meet NEB continuing education requirements. In return, they will be authorized to use NEB branding and communication tools, the organization said. "The real estate industry is under stress due to the market downturn, credit crunch, and subprime crisis," said NEB chairman Steven R. McCarty. "Unfortunately, this has increased unethical sales practices and outright fraud, especially in subprime mortgage applications.... By qualifying for NEB membership, real estate professionals can take a bold step to restore public confidence and lay the groundwork for future growth." The organization can be found online at http://www.ethicscheck.com.

The National Association of Mortgages Brokers contends that the Federal Reserve Board's proposal requiring brokers to disclose their fees up front and in dollars simply places mortgage brokers at a competitive disadvantage to banks.The Fed proposal would hurt thousands of small brokerage shops that sell loans to investors just like banks, NAMB executive vice president Roy DeLoach said. He added that the NAMB is trying to determine whether the Fed complied with the Federal Regulatory Flexibility Act in measuring the impact of the proposal on small businesses. The Fed is issuing its Home Ownership and Equity Protection Act proposal for a 90-day comment period. One Washington mortgage banking consultant said the Fed's treatment of broker fees is similar to that of the Real Estate Settlement Procedures Act proposal expected to be issued for public comment by the Department of Housing and Urban Development in six to eight weeks. Like the HUD rule, the Fed's proposal would stop brokers from making money from interest rate movements. "The Fed is effectively implementing RESPA reform when it comes to yield-spread premiums and mortgage broker compensation," Potomac Partners' Brian Chappelle said. The NAMB can be found online at http://www.namb.org.

Following the Senate's lead, the House has passed a seven-year extension of the Terrorism Risk Insurance Act, which is due to expire on Jan. 1.The House originally passed a 15-year extension of the federal government's terrorism insurance program that would have expanded federal backing to cover insurance for nuclear, biological, chemical, and radiological acts of terrorism. The Senate went with a simple seven-year extension with the blessing of the Bush administration, which caused a lot of friction. But House members reluctantly agreed to a compromise that allows for terrorism insurance to cover domestic acts of terrorism for the first time. The final bill also includes a study on insurance for nuclear, biological, chemical, and radiological acts of terrorism. "I am disappointed that the final TRIA bill omitted key elements of our stronger House legislation, but this is a solid compromise measure that will stabilize the market and ensure the ongoing availability of affordable terrorism insurance," said Rep. Carolyn Maloney, D-N.Y. President Bush is expected to sign the bill.

The House has passed a mortgage tax relief bill that encourages loan modifications and extends a deduction for mortgage insurance premiums -- clearing the way for the legislation to be sent to the president for his signature.The Senate passed the same bill (H.R. 3648) on Dec. 14. It ensures that homeowners are not penalized when a lender reduces the principal amount of their mortgage in a restructuring or foreclosure. Currently, any reduction in mortgage debt by a lender is treated as income for tax purposes. The tax relief is temporary, as requested by the Bush administration, and it applies to a discharge of debt on a principal residence before Jan. 1, 2010. Meanwhile, the bill extends the deduction on MI premiums for three years. Continuing this tax deduction is an "important step forward as Congress seeks solutions to the current housing and mortgage crisis," said Kevin Schneider, president of Genworth Financial Inc. "Many potential buyers can't make a traditional 20% downpayment, and a loan with tax-deductible mortgage insurance may make the difference in their ability to become homeowners safely."

President Bush says it is "going to take a while to work through this housing bubble," but that his administration does have a strategy for helping subprime borrowers refinance or restructure their mortgages.The president said in a speech on the economy that the Treasury Department has worked with mortgage servicers so borrowers don't "get pinched as their interest rates reset." He also noted that the Federal Housing Administration is helping to refinance subprime borrowers and could do more if Congress passes an FHA modernization bill. (The Senate just passed such a bill, which now has to be reconciled with the House version.) Former Federal Reserve Board Chairman Alan Greenspan has suggested that the federal government could provide cash assistance for distressed homeowners who can’t afford their mortgage payments. Mr. Bush stressed in his Fredericksburg, Va., speech that he is against bailouts for lenders, speculators, and people who bought a house they couldn't afford. "But we can mitigate some of the issues, and I'm concerned about people who are creditworthy enough to live in their homes not being able to deal with these resets," he said.

The Federal Reserve Board is proposing a "robust set" of rules to clean up subprime lending practices and to address unfair and deceptive practices associated with servicing, mortgage broker fees, and appraisals.On subprime and higher-priced alternative-A mortgages, the Home Ownership and Equity Protection Act proposal would create an ability-to-repay standard, require lenders to verify income and assets to curb stated-income lending, mandate escrow accounts for at least 12 months, and require prepayment penalties to expire 60 days before the first monthly increase in payments. Under pressure from Congress, the Fed was expected to address those subprime practices. However, the Fed decided that it needed to go further to provide a robust and "more comprehensive set of protections" that apply to all mortgages, said Randall Kroszner, a Fed governor. The proposal requires brokers to disclose up front the dollar amount of their fees, including yield-spread premiums, in a written agreement with the borrower. "Creditor payments to a mortgage broker could not exceed the total compensation amount stated in the written agreement," according to the proposal, which is being issued for a 90-day comment period. Servicers could be sued under the Truth in Lending Act for failing to post mortgage payments properly and pyramiding late fees. Lenders and brokers also would be liable for coercing appraisers. "We want consumers to make decisions about home mortgage options confidently, with assurance that unscrupulous home mortgage practices will not be tolerated," Fed Chairman Ben Bernanke said.

Dallas-based MRG Document Technologies, a provider of compliance and documentation services, is supporting modification agreements as part of its loan document library.The modified agreements enable lenders to be in compliance with evolving state and federal regulations and gives them the flexibility to restructure terms and conditions to keep borrowers in their homes. MRG's most common modifications include changes to note and security agreement rates and terms, but they also can include ancillary services that combine disclosures and recording documents. The company can be found on the Web at http://www.mrgdocs.com.

Congress could pass a mortgage tax relief bill this week that encourages loan modifications and ensures that homeowners are not penalized when a lender reduces the principal amount of their mortgage.The bill, passed by the Senate Dec. 14, eliminates tax penalties for three years on mortgage debt forgiven in a loan mortification or foreclosure. Currently, any reduction in mortgage debt by a lender is treated as income for tax purposes. "Homeowners who are already in trouble on the mortgage certainly can't afford a big hit from the tax man, too," said Sen. Max Baucus, D-Mont., chairman of the Senate Finance Committee. The House passed a permanent exception back in October. But the House is expected to vote on and pass the Senate version so it can be sent to the president for his signature quickly. House Ways and Means Committee spokesman Matthew Beck said it is important to provide this relief to troubled homeowners as soon as possible. "I believe the House will accept the Senate version," he said. The Senate bill also includes a three-year extension of a tax deduction for mortgage insurance premiums. The House bill called for a seven-year extension.

The Federal Reserve has agreed to extend to depository institutions at least $40 billion in increments against mortgages or other collateral in an effort to counteract the global credit crunch.The Fed will provide the liquidity through two auctions of $20 billion each in December and plans to hold two more in January for amounts to be determined. The Bank of Canada, the Bank of England, the European Central Bank, and the Swiss National Bank also took steps Dec. 12 to try to restore liquidity to the market.