Compliance & Regulation

The Office of Federal Housing Enterprise Oversight is sending its conservatorship regulation for Fannie Mae and Freddie Mac over to the Office of Management and Budget.OFHEO Director James Lockhart told MortgageWire that "[w]e've never had a regulation on the conservatorship process," adding that "this will spell out what our powers are for what we can and can't do." Before the regulation can move forward, the OMB has to approve it, which can take months. In a Thursday speech at the American Enterprise Institute, Mr. Lockhart once again advocated the passage of bank-like regulatory powers that would put OFHEO on par with the Federal Deposit Insurance Corp. and other agencies. Unlike the FDIC, OFHEO cannot file civil lawsuits against the companies/executives it regulates (Fannie and Freddie) and must instead ask the Justice Department to litigate on its behalf.

The prospects for Senate passage of a Federal Housing Administration reform bill have improved greatly now that Sen. Tom Coburn, R-Okla., has signaled a willingness to allow a vote if his concerns about FHA reverse mortgages are addressed.Sen. Coburn has been holding up passage of the FHA bill for several weeks. But under pressure from fellow Republicans on the Senate Banking Committee, he finally relented provided he can offer an amendment. The amendment is expected either to restore a cap on the number of reverse mortgages the FHA can insure or require the agency to notify the banking committee if losses on the reverse mortgage program outstrip revenues. A vote on the FHA bill could come at any time.

The House Judiciary Committee approved a narrowly targeted bankruptcy bill by a 17-15 vote Dec. 12 that would give subprime and nontraditional mortgage borrowers facing foreclosure one last chance to get their mortgage restructured so they can stay in their homes.Only homeowners who have received a foreclosure notice could seek a Chapter 13 restructuring under a compromise worked out between committee Democrats and Rep. Steve Chabot, R-Ohio. Under the bill, bankruptcy judges could waive prepayment penalties and reduce the mortgage amount to the fair market value and reduce the interest rate to a conventional rate plus a risk premium. These restructurings would be limited to subprime and nontraditional mortgages originated from 2000 through the date of enactment of the legislation. The Mortgage Bankers Association and the American Bankers Association oppose the bill.

Investigators for the state of Illinois have issued what one official calls "extensive" subpoenas to Countrywide Financial Corp. as part of a far-reaching probe into its origination of subprime and payment-option ARMs.Debra Hagan, chief of the state's consumer protection division, told MortgageWire that investigators are scrutinizing subprime and payment-option adjustable-rate mortgages that Countrywide funded on a retail basis and through loan brokers. "Payment-option ARMs are at the top of our list," she said. Ms. Hagan said the Countrywide probe was sparked, in part, by the state's investigation and subsequent lawsuit against One Source Mortgage, a now-defunct Chicago loan broker accused of misleading consumers about their option ARM teaser rates. Countrywide is cooperating with the investigation, Ms. Hagan said. (See the Dec. 17 issue of National Mortgage News for complete details.)

The Federal Reserve Board will meet Dec. 18 to issue long-awaited revisions to its Home Ownership and Equity Protection Act regulations that address abuses associated with subprime loans.The proposed HOEPA rule will address prepayment penalties, failure to escrow taxes and insurance, stated-income and low-documentation lending, and ability-to-repay standards. In a letter to the Fed, 17 Democrats on the Senate Banking Committee urged the Fed to act "forcefully" to protect consumers. "We appreciate the fact that the Board is moving forward with a rulemaking under HOEPA, and expect the Board to meet the duty Congress entrusted to it to end the abusive practices … that have undermined confidence in the subprime mortgage market and the economy as a whole," the Dec. 7 letter says.

As MortgageWire's deadline approached, the House Judiciary Committee was on track to approve a narrowly targeted bankruptcy bill that would give subprime and nontraditional mortgage borrowers facing foreclosure one last chance to get their mortgage restructured.Only homeowners who have received a foreclosure notice could seek Chapter 13 bankruptcy relief under a compromise worked out by committee Democrats and Rep. Steve Chabot, R-Ohio, who is the only Republican on the committee expected to vote for the bill (H.R. 3609). The Ohio congressman said, however, that he expects more Republicans to support the bill when it comes up for a vote on the House floor next year. Under the bill, bankruptcy judges could waive prepayment penalties and reduce the mortgage amount to the fair market value and reduce the interest rate to a conventional rate plus a risk premium. These restructurings would be limited to subprime and nontraditional mortgages originated from 2000 through 2007 and up to the date of enactment of the legislation. Rep. Brad Sherman, D-Ohio, said the bill exempts prime loans and that he may offer an amendment to exempt prime interest-only mortgages. The Mortgage Bankers Association and American Bankers Association continue to oppose the bill.

Oxford, Miss.-based FNC Inc. has announced the release of Collateral Headquarters as a desktop tool to enable regional and community lenders and appraisal management companies to automate appraisal ordering, assignment, tracking, and review from a single centralized platform.The system captures best practices in a user-configurable out-of-the-box solution that offers to cut turn times, lower costs, address regulatory compliance, and track performance. Collateral Headquarters also gives lenders an administrative dashboard. Users can assign appraisals automatically to their pre-approved list of vendors; manage jobs by vendor, status, or due date; use a time-and-date stamped record that tracks the progress of each loan in production; and immediately verify completed orders. An FNC spokesman said inquiries about the new service have largely come from mortgage industry players eager to head off regulatory scrutiny along the lines of the New York lawsuit alleging that First American's eAppraiseIT unit inflated appraisals on behalf of Washington Mutual. FNC can be found online at http://www.fncinc.com.

When it comes to mortgage fraud, there are not many new ways to separate lenders and homeowners from their money. But there are sometimes new twists to old favorites.In a recent case of equity skimming, federal investigator Herschell Harvell Jr. found a group of 10-12 people who were running a foreclosure rescue scam. In an effort to save his home, and in return for the promise that the "investor gang" would bring his delinquent loan current, the troubled owner put all their names on the title and then paid the group rent while he continued to live in the property. Of course, the group didn't make any payments, but it did collect rent from the owner, Mr. Harvell told SourceMedia's Fraud and Risk Conference in Las Vegas Monday. Each time the lender started foreclosure proceedings, one of the group of con men filed for bankruptcy, according to Mr. Harvell, the assistant special agent in charge in the Department of Housing and Urban Development's Office of the Inspector General. And the day before a foreclosure hearing was scheduled, one con man would file for bankruptcy, delaying the proceedings. Then, the day before a hearing was scheduled, the con man would drop his bankruptcy claim and another one would file a new proceeding. The switch continued time and time again, according to the HUD official, while the owner went blindly along making his "rent" payments to the gang of charlatans. Mr. Harvell, who has successfully investigated numerous white-collar cases during his 11-year career at HUD, told the conference that despite lenders' best efforts to stop fraud, con men "continue to search for weaknesses in the system and take advantage of them."

Suitability standards could open up lenders to a fair-housing can of worms, a compliance expert said Monday at the SourceMedia Fraud and Risk Conference in Las Vegas.According to Gary Lacefield, who spent a decade as a senior civil rights analyst and supervisor of lending investigations at the Department of Housing and Urban Development, lenders will "need to be very cautious" if legislators and regulators impose true suitability standards on the mortgage business. "If we do away with automated underwriting," he asked, "how are we going to protect ourselves from frivolous charges of discrimination?" Mr. Lacefield, who left HUD in 1999 after personally supervising or conducting more than 1,600 investigations, said automated underwriting was created in large measure in the mid-1990s to protect lenders from charges of bias. And it worked. Once computer systems started spitting out loan approvals based solely on lenders' underwriting criteria, without being touched by humans and their inherent biases, they all but wiped out fair-housing cases against lenders, he said. But if suitability standards are imposed as a response to abusive lending practices, Mr. Lacefield, who is now director of compliance at WR Starkey Mortgage, Plano, Texas, said automated underwriting would be little more than an exercise in futility. "If we take out the specificity provided by automated underwriting, we leave ourselves wide open to allegations of discriminatory behavior," he warned.

After several false starts, the House Judiciary Committee is slated to mark up a bankruptcy bill on Wednesday that would allow homeowners filing for Chapter 13 relief to get their mortgages restructured.Committee Democrats have agreed to several changes to the bankruptcy bill (H.R. 3609) to secure the support of Rep. Steve Chabot, R-Ohio. As originally introduced by Reps. Brad Miller, D-N.C., and Linda Sanchez, D-Calif, H.R. 3609 would allow bankruptcy judges to reduce interest rates and the principal amount of a mortgage, which mortgage industry groups and several committee Republicans warned would scare off mortgage investors and damage the secondary market. Under the proposed changes, the bill would cover subprime and nontraditional mortgages that were originated after Jan. 1, 2000 up to the date of enactment of the legislation. The compromise also includes new criteria for homeowners who could qualify for bankruptcy relief.