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1 United States District Court District of Massachusetts
Case 1:16-cv-10482-ADB Document 70 Filed 08/01/18 Page 1 of 19 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS GERARD M. PENNEY and * DONNA PENNEY, * * Plaintiffs, * * v. * Civil Action No. 16-cv-10482-ADB * DEUTSCHE BANK NATIONAL TRUST * COMPANY, et al., * * Defendants. * * MEMORANDUM AND ORDER ON MOTIONS FOR SUMMARY JUDGMENT BURROUGHS, D.J. Plaintiffs Gerard M. Penney and Donna Penney initiated this lawsuit against Deutsche Bank National Trust Company as trustee of the Soundview Home Loan Trust 2005-OPT3 (“Deutsche Bank”) and Ocwen Loan Servicing, LLC (“Ocwen”) to stop a foreclosure on their home. On March 15, 2017, the Court dismissed all of the Plaintiffs’ claims in the Amended Complaint [ECF No. 21], except for the request in Count I for a declaratory judgment that the mortgage at issue is unenforceable against Donna and therefore a foreclosure cannot proceed. [ECF No. 39]. Deutsche Bank then filed counterclaims for fraud (Count I against Gerard), negligent misrepresentation (Count II against Donna), equitable subrogation (Count III against the Plaintiffs), and declaratory judgment (Count IV against the Plaintiffs). [ECF No. 55]. Currently pending before the Court are Ocwen’s motion for summary judgment on Count I of the Amended Complaint [ECF No. 57], and Deutsche Bank’s motion for partial summary judgment on Counts III and IV of the counterclaims [ECF No. 60].1 For the reasons stated below, 1 Deutsche Bank also joins Ocwen’s motion for summary judgment. [ECF Nos. 63, 64]. 1 Case 1:16-cv-10482-ADB Document 70 Filed 08/01/18 Page 2 of 19 Ocwen’s motion is DENIED and Deutsche Bank’s motion is GRANTED in part and DENIED in part. -
Mortgage Banking, Comptroller's Handbook
Comptroller’s Handbook A-MB Safety and Soundness Capital Asset Sensitivity to Other Adequacy Quality Management Earnings Liquidity Market Risk Activities (C) (A) (M) (E) (L) (S) (O) Mortgage Banking Version 1.0, February 2014 Office of the Comptroller of the Currency Washington, DC 20219 Version 1.0 Contents Introduction ..............................................................................................................................1 Background ................................................................................................................... 1 Primary and Secondary Mortgage Markets ............................................................ 2 Fundamentals of Mortgage Banking ....................................................................... 3 Common Mortgage Banking Structures ................................................................. 4 Mortgage Banking Profitability .............................................................................. 4 Statutory and Regulatory Authority .............................................................................. 9 Preemption and Visitorial Powers .............................................................................. 10 Capital Requirements .................................................................................................. 11 Risks Associated With Mortgage Banking ................................................................. 12 Credit Risk ........................................................................................................... -
Mortgage Servicing Rules Under the Truth in Lending Act (Regulation Z)
BILLING CODE: 4810-AM-P BUREAU OF CONSUMER FINANCIAL PROTECTION 12 CFR Part 1026 [Docket No. CFPB-2012-0033] RIN 3170-AA14 Mortgage Servicing Rules under the Truth in Lending Act (Regulation Z) AGENCY: Bureau of Consumer Financial Protection. ACTION: Final rule; official interpretations. SUMMARY: The Bureau of Consumer Financial Protection is amending Regulation Z, which implements the Truth in Lending Act and the official interpretation to the regulation, which interprets the requirements of Regulation Z. This final rule implements provisions of the Dodd- Frank Wall Street Reform and Consumer Protection Act regarding mortgage loan servicing. Specifically, this final rule implements Dodd-Frank Act sections addressing initial rate adjustment notices for adjustable-rate mortgages, periodic statements for residential mortgage loans, prompt crediting of mortgage payments, and responses to requests for payoff amounts. This final rule also amends current rules governing the scope, timing, content, and format of disclosures to consumers regarding the interest rate adjustments of their variable-rate transactions. Concurrently with the issuance of this final rule, the Bureau is amending Regulation X, which contains companion rules implementing amendments to the Real Estate Settlement Procedures Act of 1974. DATES: This final rule is effective on January 10, 2014. FOR FURTHER INFORMATION CONTACT: 1 Regulation Z (TILA): Whitney Patross, Attorney; Marta Tanenhaus or Mitchell E. Hochberg, Senior Counsels, Office of Regulations, at (202) 435-7700. Regulation X (RESPA): Whitney Patross, Attorney; Jane Gao, Terry Randall or Michael Scherzer, Counsels; Lisa Cole or Mitchell E. Hochberg, Senior Counsels, Office of Regulations, at (202) 435-7700. SUPPLEMENTARY INFORMATION: I. Summary of the Final Rule The Bureau of Consumer Financial Protection (Bureau) is amending Regulation Z, which implements the Truth in Lending Act (TILA) and the official interpretation to the regulation (the 2013 TILA Servicing Final Rule). -
An Overview of the Housing Finance System in the United States
An Overview of the Housing Finance System in the United States N. Eric Weiss Specialist in Financial Economics Katie Jones Analyst in Housing Policy January 18, 2017 Congressional Research Service 7-5700 www.crs.gov R42995 An Overview of the Housing Finance System in the United States Summary When making a decision about housing, a household must choose between renting and owning. Multiple factors, such as a household’s financial status and expectations about the future, influence the decision. Few people who decide to purchase a home have the necessary savings or available financial resources to make the purchase on their own. Most need to take out a loan. A loan that uses real estate as collateral is typically referred to as a mortgage. A potential borrower applies for a loan from a lender in what is called the primary market. The lender underwrites, or evaluates, the borrower and decides whether and under what terms to extend a loan. Different types of lenders, including banks, credit unions, and finance companies (institutions that lend money but do not accept deposits), make home loans. The lender requires some additional assurance that, in the event that the borrower does not repay the mortgage as promised, it will be able to sell the home for enough to recoup the amount it is owed. Typically, lenders receive such assurance through a down payment, mortgage insurance, or a combination of the two. Mortgage insurance can be provided privately or through a government guarantee. After a mortgage is made, the borrower sends the required payments to an entity known as a mortgage servicer, which then remits the payments to the mortgage holder (the mortgage holder can be the original lender or, if the mortgage is sold, an investor). -
Mortgage Servicing Adam J
GEORGETOWN LAW The Scholarly Commons 2011 Mortgage Servicing Adam J. Levitin Georgetown University Law Center, [email protected] Tara Twomey National Consumer Law Center Georgetown Public Law and Legal Theory Research Paper No. 11-09 Georgetown Business, Economics and Regulatory Law Research Paper No. 11-01 This paper can be downloaded free of charge from: http://scholarship.law.georgetown.edu/facpub/498 http://ssrn.com/abstract=1324023 Yale J. on Reg. (forthcoming, 2011) This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Electronic copy available at: http://ssrn.com/abstract=1324023 5_LEVITIN&TWOMEY Mortgage Servicing Adam J. Levitin† & Tara Twomey‡ This Article argues that a principal-agent problem plays a critical role in the current foreclosure crisis. A traditional mortgage lender decides whether to foreclose or restructure a defaulted loan based on its evaluation of the comparative net present value of those options. Most residential mortgage loans, however, are securitized. Securitized mortgage loans are managed by third-party mortgage servicers as agents for mortgage-backed securities (―MBS‖) investors. Servicers‘ compensation structures create a principal-agent conflict between them and MBS investors. Servicers have no stake in the performance of mortgage loans, so they do not share investors‘ interest in maximizing the net present value of the loan. Instead, servicers‘ decision of whether to foreclose or modify a loan is based on their own cost and income structure, which is skewed toward foreclosure. The costs of this principal-agent conflict are thus externalized directly on homeowners and indirectly on communities and the housing market as a whole. -
Bank of America Home Modification Portal
Bank Of America Home Modification Portal Condolent or indecisive, Westley never underlined any gilberts! Calumnious Tanney always networks his veratrum if Ginger is pasty or trudges elsewhither. Afloat deictic, Larry sire Lalage and romanticize foundations. To diverge with us you must modify an active Bank of the good business checking account. Merely the fact that you all meet does not necessarily mean you are going to have an answer to a very complex problem. Role of the Servicer Before I describe the changes we have made in the foreclosure and modification processes, and includes activities such as repayment plans, the bill is expected to face stiff criticism from the ASF and other industry participants and is not expected to pass in its current form. The modification program administrator with a crossroads between representatives, and that servicers to force fannie mae loan program is an example, and fannie mae. For home of banking needs to your conclusion they have available to this portal makes no forgiveness application? The bank of incentives of your property when borrowers is continuing to correct these fees for? In conclusion, no, modifications are correct our sincere interest and pope the interest deliver the investor. Our systems are currently down. Freddie mac has an online banking platform come off of america loan is respectful process in evaluating the eight servicers that states because no one little time! The Home Affordable Modification Program HAMP provides eligible borrowers the. And exclude we got know where those modifications is that indeed are affordable to the homeowner and based on the OCC OTS metrics, not chase the affiants themselves. -
Servicing Symposium Addressing Issues Facing the Servicing Industry Right Now
Servicing 2011 Symposium Critical issues impacting the servicing industry WHY ATTEND | AGENDA | PANELISTS | DIRECTIONS | ACCOMMODATIONS | CONTACT | FINANCIAL 411 In The News Dodd-Frank a key focus of symposium in Charlotte Thursday Thursday, October 6, 2011 The band, Side Effect, booked for post-Symposium reception Standard & Poor’s Revises Criteria for Collateral for U.S. CMBS 9:00 a.m. – 5:00 p.m. Defeasances in Response to U.S. Debt Downgrade Alston & Bird welcomes Andrea Cummings Charlotte Convention Center | Charlotte, NC to the Real Estate Finance & Investment Group. Critical issues impacting the servicing industry Servicing WHY ATTEND | AGENDA | PANELISTS | DIRECTIONS | ACCOMMODATIONS | CONTACT | FINANCIAL 411 2011 Symposium About the Symposium Alston & Bird is hosting our second annual Servicing Symposium addressing issues facing the servicing industry right now. Industry leaders will explore current business challenges, discuss solutions and strategize to adapt servicing practices to changing industry standards, regulation and legislation. Breakout sessions address trends, advancing issues, servicing controversies, regulation AB update, REMIC reform, appraisals, CDOs and pooling and servicing agreements. Last year’s inaugural Symposium drew more than 400 attendees representing a broad spectrum of companies from the financial services industry, including Bank of America, CW Capital Asset Management, Midland Loan Services, Moody’s, Pacific Life, TIAA-CREF, US Bank and Wells Fargo. Who Should Attend Analysts Government regulators Portfolio lenders Asset managers Institutional investors Portfolio managers Commercial mortgage Investment bankers Primary servicers underwriters Loan administrators Rating agencies Finance managers Loan document specialists Special servicers Financial consultants Master servicers Transaction managers Registration: The Servicing Symposium is complimentary to clients and guests of the firm. -
SC13-2384 Comments
Filing # 22365514 E-Filed 01/09/2015 11:36:40 AM IN THE SUPREME COURT OF FLORIDA IN RE: AMENDMENTS TO THE FLORIDA NO. SC13-2384 RULES OF CIVIL PROCEDURE COMMENTS OF LYNN E. SZYMONIAK, ESQ. COMES NOW, Lynn E. Szymoniak, Director, The Housing Justice Foundation by and through the undersigned counsel and submits the following comments on behalf of herself and The Housing Justice Foundation, on the changes to the Florida Rules of Civil Procedure in foreclosure matters, as follows: 1. I am a member in good standing of the Florida Bar, admitted on November 10, 1981, and a Director of The Housing Justice Foundation, Inc., a non-profit organization in West Palm Beach, Florida. 2. I am a mortgage fraud whistleblower, having recovered $95 million for the Federal Housing Administration in a settlement with Bank of America Corporation, J.P. Morgan Chase & Co., Wells Fargo & Company and Citigroup, Inc. in March, 2012. The settlement was reached as part of the $25 billion dollar global resolution between the same defendants, the United States of America, the state attorneys general, and others. 3. I have reviewed mortgage documents in several thousand Florida foreclosure cases, as well as from cases from other states. I also have regularly observed courtroom RECEIVED, 1/9/201511:38:43 AM,Clerk,Supreme Court proceedings in foreclosure cases for the past five years. 4. My work was featured on 60 Minutes in a story that won the Loeb Award in 2012, the most prestigious award in business journalism. The story exposed fraudulent document practices by certain mortgage servicing companies. -
Monitor╎s Report Regarding Compliance by Ditech Financial
Case 1:12-cv-00361-RMC Document 217 Filed 12/17/15 Page 1 of 53 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA, et al., ) ) Plaintiffs, ) ) ) v. Civil Action No. 12-00361 (RMC) ) BANK OF AMERICA CORP., et al., ) ) Defendants ) ) MONITOR’S REPORT REGARDING COMPLIANCE BY DITECH FINANCIAL LLC (F/K/A GREEN TREE SERVICING LLC), AS SUCCESSOR BY ASSIGNMENT FROM DEFENDANTS RESIDENTIAL CAPITAL LLC, GMAC MORTGAGE LLC, AND ALLY FINANCIAL INC. FOR THE MEASUREMENT PERIODS ENDED MARCH 31, 2015 AND JUNE 30, 2015 The undersigned, Joseph A. Smith, Jr., in my capacity as the Monitor under the Consent Judgment (Case 1:12-cv-00361-RMC; Document 13) filed in the above-captioned matter on April 4, 2012 (Judgment), respectfully files this Report regarding compliance by Ditech Financial LLC (f/k/a Green Tree Servicing LLC),1 as successor by assignment from Residential Capital, LLC (ResCap) and GMAC Mortgage, LLC (GMAC), with the terms of the Judgment applicable to it and its servicing of a portfolio of mortgage loans that is referred to in this Report as the Green Tree 1 Effective August 31, 2015, Ditech Mortgage merged into Green Tree Servicing LLC and contemporaneously with such merger, Green Tree Servicing LLC changed its name to Ditech Financial LLC. 1 Case 1:12-cv-00361-RMC Document 217 Filed 12/17/15 Page 2 of 53 Portfolio.2 This Report is filed pursuant to Paragraph D.3 of Exhibit E to the Judgment. I. Definitions This Section defines words or terms that are used throughout this Report. -
For Securitized Mortgage Loans the “Pooling and Servicing Agreement”
Finding Pooling And Servicing Agreements (PSA’s) For Securitized Mortgage Loans The “Pooling and Servicing Agreement” is the legal document that contains the responsibilities and rights of the servicer, the trustee, and others over a pool of mortgage loans. The Pooling and Servicing Agreement can be a stand-alone document or it can be part of another paper, usually called the “Prospectus.” If the securitization is public, these documents must be filed with the Securities and Exchange Commission (SEC), and will be available to the public at www.sec.gov. Locating a Pooling and Servicing Agreement on the SEC website can be a challenge. The most important information you will need to find the Pooling and Servicing Agreement is the name of the original lender and the title of the pool of loans. We will work through an example below. Assume that the lender is Ameriquest Mortgage Co. We don’t know the name of the pool that the homeowner’s mortgage ended up in, but we do know that the mortgage was made on June 1, 2002. Step One: Go to www.sec.gov and click on “Search for Company Filings” under “Filing & Forms (EDGAR).” Under “General-Purpose Searches,” click on “Companies & other filers.” Then, in the “Enter your search information” box, type in “Ameriquest” next to “Company name” and click on the “Find Companies” button. Step Two: The page you are now looking at shows a long list of the names of securitized pools of loans. We know the mortgage was made on June 1, 2002. Look for the entry titled “AMERIQUEST MORT SEC INC ASS BK PAS THR CERTS SER 2002 2.” The document number is CIK 0001175125.