Compliance

MRG Document Technologies has integrated with San Francisco-based ComplianceEase to provide automated compliance auditing for closing documents prepared by MRG. MRG is a provider of compliance and documentation services for the financial industry. ComplianceEase's automated compliance system, ComplianceAnalyzer, is accessible through MRG's document preparation system, MIRACLE ONLINE. The integration enables lenders using MRG to access all ComplianceEase tests and reports online. Audit results for possible compliance issues are available in both summary and detail formats. There is no additional charge for users to access ComplianceEase via MIRACLE ONLINE. Lenders simply sign up directly with ComplianceEase and the integration is handled by MRG.

A group of Idaho appraisers have filed a class-action lawsuit against the Bank of America-owned Countrywide Financial Corp., claiming the lender used strong arm tactics, intimidating appraisers to generate reports and "blacklisted" some for not cooperating with the company. The lawsuit, filed in U.S. District Court in Seattle, claims Countrywide forced appraisers to use improper appraisal techniques that benefited the lender. BoA/Countrywide is the nation's largest residential lender, according to figures compiled by the Quarterly Data Report. The lawsuit claims Countrywide's actions caused "substantial damage to thousands of appraisers on top of distorting real estate prices in the marketplace." At press time, a spokesman for BoA had not returned a telephone call about the matter.

Rapid Reporting, Ft. Worth, Texas, has released EmploymentChek, a third-party employment verification service offering verbal verification of employment. VVOE picks up where automated employment verification services leave off by providing confirmations that come from live, person-to-person contact with the employer. With EmploymentChek, lenders and brokers can get definitive answers on a borrower's employment in 24 hours or less. All mortgage loans contain four major risk factors for fraud: identity, income, employment and collateral. The mortgage industry is particularly challenged by employment fraud because of the labor-intensive and paper-laden, manual process of verification, which opens lenders up to a variety of errors, oversights and opportunities for fraud. In most mortgage shops, the verification process is not measurable or accountable, and the mortgage companies do not capture the data. Rapid Reporting's EmploymentChek solves those issues with a process that validates the existence of the employer thorough a search of public and private records, and also provides a person-to-person verbal verification of employment conducted by a trained employment fraud specialist.

Prosecutors in Houston have indicted five individuals for scheming to defraud residential lenders out of $17 million. According to Don DeGabrielle, U.S. attorney for the Southern District of Texas, the indictment alleges that Anthony Wayne Hawkins, Brandon Alonzo Crenshaw, Nehemiah Jamal Douglas, Babette Jammer and David Vasser engaged in a mail and wire fraud conspiracy which resulted in the defendants and their co-conspirators fraudulently obtaining more than $17 million in loan proceeds. The defendants and their co-conspirators are accused of recruiting individuals to purchase residential properties with the intent to deceive mortgage lenders concerning the borrower's ability and incentive to repay the loans. According to the indictment, falsified documents were prepared and provided to the mortgage lenders to support loan applications.

Two Federal Home Loan Banks with multiple interest rate swap transactions with a Lehman Brothers unit are suing the bankrupt investment bank to recover $220 million in collateral. The Atlanta FHLB is suing Lehman for the return of $179 million in excess collateral and the Pittsburgh FHLB is suing for the return of $41 million in cash. Lehman Brothers Special Financing Inc. filed for bankruptcy in early October. "At this early stage of the bankruptcy proceedings, the Bank is unable to predict whether, and to what extent, it will be able to recover the claimed amounts," the FHLB Atlanta said in a public filing. The bank said it is analyzing the impact to its financial statements of the Lehman and LBSF bankruptcy filings, including any necessary loss contingencies, "which could be significant." The 12 FHLBs have aggregated credit exposure to Lehman entities of approximately $260 million, according to the Office of Finance, which issues consolidated debt securities for the FHLB system.

The Treasury secretary will be able to use loan guarantees and credit enhancements to facilitate loan modifications under the newly passed Emergency Economic Stability Act, which gives the Treasury broad authority to purchase $700 billion of troubled mortgage assets. Such guarantees may give the Treasury a carrot to get institutions to modify their loans without directly acquiring the loans. "It has the ability to create incentives to leverage the private sector with minimal initial cash outlays," said FDIC Chairman Sheila Bair. "I am particularly pleased the bill includes provisions for loan guarantees and credit enhancements on whole loans." The Treasury is expected to conduct its first auction to purchase troubled assets in about four weeks, and it is planning to hire 5-10 asset managers to service and modify the assets, sources say. In addition to private asset managers, the Treasury also can contract with Federal Deposit Insurance Corp. to manage residential mortgages and mortgage-backed securities.

The House of Representatives, by a vote of 263-171 early Friday afternoon, approved a $700 billion rescue package of the credit and mortgage markets paving the way for the bill to be sent to President Bush. The president signed the bill almost immediately and thanked members of Congress for passing the legislation so quickly. "By coming together on this legislation, we have acted boldly to help prevent the crisis on Wall Street from becoming a crisis in communities across our country." Mr. Bush warned, however, that it will take time to implement an effective troubled-asset purchase program and it will take some time before it has an impact on the economy. Treasury Secretary Henry Paulson said he will move rapidly, but carefully, in implementing the new tools provided in the rescue bill. "In the coming days, we will work with the Federal Reserve and the FDIC to develop strategies to deploy these tools in an expedited and methodical way to maximize effectiveness in strengthening the financial system," the secretary said. Rep. Judy Biggert, R-Ill., said during the debate Friday that market volatility, changes to the bill, regulatory commitments, and Republican attempts to limit its price tag helped persuade her to come on board after voting no on Monday. "I reluctantly support the bill and look forward to revisiting the issue as Congress monitors the program to ensure that we minimize risks and that taxpayers see a return on this investment," she said.

Asset flippers beware -- the Treasury Department doesn't want you to profit unjustly by selling your mortgage bonds to Uncle Sam. According to details of the financial rescue bill, investors that want to sell assets to the Treasury cannot do so at a price higher than the one they bought them at. In other words, if an investor buys discounted mortgage-backed securities from a seller, he cannot turn around and unload the bonds to Treasury at a higher price. However, the legislation leaves a loophole: if a seller of bad assets took control of mortgage bonds through a merger/acquisition or bought them out of a conservatorship, they are exempt from the Treasury's "unjust enrichment" clause. The bill also allows Treasury to aid ailing depositories of less than $1 billion in assets if their capital positions were damaged by their investments in preferred stock issued by Fannie Mae and Freddie Mac. The legislation stipulates that the executive in charge of the Troubled Asset Relief Program must be an assistant secretary of the Treasury appointed by the president.

Just after 9:30 Wednesday night, the full Senate passed a $700 billion rescue plan to revive the credit and mortgage markets. The final tally was a lopsided vote of 74 to 25. The passage came two days after Republicans -- fearing a voter backlash at the polls -- torpedoed the House version of the bill. However, senators stuffed their version of the bailout legislation with tax breaks and other sweeteners. House members were slated to return to work Thursday redrafting the bill that was defeated on Monday. It appears that mortgage "cramdown" language will not be included, but some liberal members of Congress are still holding out hope that it may be.

Bowing to pressure from Congress and industry groups, the Securities and Exchange Commission and the Financial Accounting Standards Board have issued a last-minute clarification that will allow companies to use expected cash flows to value illiquid mortgage assets in preparing their third-quarter financial reports. The two accounting bodies stopped short of suspending a fair-value accounting rule (Financial Accounting Standard 157) that some of members of Congress are trying to kill as part of a $700 billion financial stabilization bill. "When an active market for a security does not exist, the use of management estimates that incorporate current market participants' expectations of future cash flows, and include appropriate risk premiums, is acceptable," according to a joint statement by SEC and FASB staff. Critics have been complaining that FAS 157, which went into effect Jan. 1, has forced banks and other financial institutions to value some assets at fire-sale prices. This rule has exacerbated the credit crisis by forcing "massive writeoffs," according to the Consumer Mortgage Coalition. "It makes no sense to unnecessarily cripple institutions that could otherwise weather this storm of financial uncertainty by being forced to continue to mark down their assets to unrealistic fire sale prices," CMC executive director Anne Canfield says in a letter to SEC Chairman Christopher Cox.

Senate leaders want to pass the $700 billion emergency economic stabilization bill this week with minor changes that can attract more support in the House, which voted down the Bush administration's plan on Monday. "I want to reassure the American people that we intend to pass this legislation this week," said Sen. Mitch McConnell, R-Ky. "We will pass it on a board bipartisan basis, both sides cooperating to prevent this financial crisis from persisting." The Senate Republican leader stressed that Congress can "act like grown-ups" and get the job done. Senate Majority Leader Harry Reid, D-Nev., said the Democrats are committed to passing the rescue package. "I am hopeful and confident that all sides -- the House, the Senate, and the White House -- will continue working together toward this goal," Sen. Reid said. There are rumors that the Senate might vote Wednesday on the emergency bill, which would put pressure on the House to pass the bill on Thursday. But the House could make changes to the Senate-passed bill, which would require another vote on passage in the Senate. Sen. Reid wants only "one vote," a source said.

The U.S. attorney in New York has subpoenaed Fannie Mae and Freddie Mac as part of an investigation into whether fraud contributed to the demise of these now government-owned mortgage investing giants. According to public filings, Fannie and Freddie said they face ongoing investigations from both the U.S. attorney and the Securities and Exchange Commission. The two agencies are seeking information about their accounting, financial disclosures, and corporate governance. Freddie said the subpoena it received involved matters for the period Jan. 1, 2007, to the present. Both companies -- which are operating under federal conservatorships -- said they will cooperate with the investigations. Besides the Fannie and Freddie probes, the FBI has launched preliminary investigations into the downfall of Lehman Brothers and American International Group. In addition, more than 20 subprime firms are the subject of criminal investigations by the government. The government seized control of Fannie and Freddie on Sept. 7.

The $700 billon emergency bailout bill Congress is trying to pass this week includes several fixes for a special Federal Housing Administration refinancing program to make it more attractive for lenders to help troubled homeowners and easier to pay off second lienholders who may be blocking a restructuring. Under the Hope for Homeowners program, lenders refinancing borrowers are expected to write down the mortgage to a 90% loan-to-value ratio based on a recent appraisal. The bailout bill gives the program oversight board the discretion to raise the maximum LTV to a higher percentage, possibly to 95%. "This is definitely a positive step that will make the program more attractive to lenders," said mortgage banking consultant Brian Chappelle. The bill also allows the oversight board to use the proceeds from Hope bonds to pay off second lienholders who are blocking a restructuring of the first mortgage. Currently, the lender can only offer second lienholders a share of future appreciation in the property. The Department of Housing and Urban Development is expected to issue guidelines for the Hope program Oct. 1, as required by the housing bill Congress passed their summer.

Congress is calling on the Securities and Exchange Commission to suspend fair-value accounting on distressed assets as part of a $700 billion bill to restore financial stability. The Securities and Exchange Commission and the Financial Accounting Standards Board appear to be having second thoughts about Financial Accounting Standard 157, which governs writedowns on hard-to-value assets. And many in the financial services industry blame FAS 157 for the precipitous drop in the value of subprime mortgage securities that has crippled so many companies. The bill reminds the SEC that it has the authority to suspend FAS 157 if "it is in the public interest and protects investors." In addition, the bill directs the SEC, in consultation with the Federal Reserve Board and the Treasury Department, to conduct a study of FAS 157 and report back to Congress within 90 days.

The Treasury Department must disclose within two days the price it pays for any mortgage asset, according to the pending $700 billion bailout bill. The Emergency Economic Stabilization Act mandates that the Treasury must provide to the public (in an electronic form) the dollar amount of the assets sold, the price, and a description of the collateral being purchased. The Treasury also wants any firm that gives the government warrants to guarantee that its holdings will not be diluted by stock splits.

Beazer Homes USA Inc., Atlanta, has announced a settlement with the Securities and Exchange Commission under which it agrees, without admitting wrongdoing, to comply with certain securities laws and regulations. Beazer said it consented to a cease-and-desist order in connection with matters that were the subject of a previous investigation by the company's audit committee. The settlement, which does not impose a monetary penalty, concludes the SEC's probe of the matters and was accepted by the agency in view of remediation efforts and cooperation by the company, Beazer said. Beazer and its subsidiary Beazer Mortgage Corp. are still under investigation by state and federal agencies regarding matters that were the subject of the audit committee probe, the company said.

The 7th Circuit Court of Appeals has struck down the class certification in a closely watched lawsuit by a Wisconsin couple who maintained that they didn't understand the initial 1.95% teaser rate was only for one month when they took out a payment-option adjustable-rate mortgage from Chevy Chase Bank. A U.S. district court judge ruled in favor of Bryan and Susan Andrews in their request to rescind the loan under the Truth in Lending Act and certified a class action lawsuit. But circuit judges reversed the class certification and said the right of rescission is an individual remedy and that Congress did not intend to leave lenders exposed to class actions costing hundreds of millions of dollars. "Using a class action to resolve a multitude of individual, varied rescission claims is neither 'economical' nor 'efficient' in any sense of those terms," the opinion says.

The Bush administration is willing to accept some limits on executive compensation paid by firms that sell troubled mortgage assets to the government, according to Treasury Secretary Henry Paulson. In trying to sell his $700 billion troubled-asset purchase program, the Treasury secretary has run into criticism from Democratic and Republican lawmakers about bailing out firms that have rewarded their executives for taking excessive risks with bonuses and severance packages. The secretary told the House Financial Services Committee that he is willing to consider compensation limits if they are fashioned in a way that does not discourage participation in the program. He noted that community banks and credit unions, not just Wall Street firms, will be encouraged to participate. The latest House Democratic legislative draft calls for a prohibition on "golden parachutes" for two years. The Democratic draft also allows distressed homebuyers to seek relief in the bankruptcy courts -- despite strong opposition from the financial services industry.

House and Senate Democrats have agreed on most details of a $700 billion bailout plan for the credit and mortgage industries, including a provision that will allow bankruptcy judges to reduce ("cram down") the outstanding balance on troubled mortgages. The cramdown proposal is vehemently opposed by the mortgage banking industry. As of MortgageWire's deadline, Democrats were meeting with Republicans on the legislation. Among other things, the Democratic version of the bill would allow the Treasury to spend an unspecified portion of the money prior to going before an oversight board for further spending allowances. The money will be used to buy troubled mortgage-backed securities from financial service companies (including depositories) of all sizes. Republicans and the White House support Democratic language that would limit compensation for executives whose firms sell into the program.

Interthinx, a provider of risk mitigation and regulatory compliance tools based in Agoura Hills, Calif., is touting the loan-level identity component of its FraudGuard tool to help mortgage lenders comply with so-called red-flag rules that take effect Nov. 1. The Fair and Accurate Credit Transactions Act requires banks to develop policies (consistent with Customer Information Program rules) to identify potential identity theft. FraudGuard uses public and proprietary data to generate more than 45 alerts that help lenders comply with the red-flag rules, the company said. "Creditors and financial institutions are obligated to implement a written program that would satisfy the requirements to detect, prevent, and mitigate identity theft," said Kevin Coop, president of Interthinx. "FraudGuard provides a multitude of critical alerts to support compliance in areas such as Social Security numbers issued prior to date of birth of borrower, invalid phone numbers, and inconsistent personal identification information." The company can be found online at http://www.interthinx.com.