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Daily Dose

Counsel’s Corner: Defending Against Litigation Stemming From New Loss Mitigation Rules

Counsel's Corner is an ongoing series in which DS News talks with default servicing attorneys around the country about the most pressing issues facing the default servicing industry. This installment features Luke Sosnicki from Dykema's Los Angeles office, discussing RESPA’s new loss mitigation rules implemented by the Consumer Financial Protection Bureau in January 2014 and resulting litigation around those rules.

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Non-Depository Institutions Gaining Higher Share in Mortgage Market

Last year, in terms of dollar volume, non-banks accounted for over 40 percent of total originations, compared to 12 percent in 2010, the report says. Of the 40 largest servicers, 16 were non-banks, making up 20.5 percent of the market and 28 percent of outstanding top-40 servicing balances, compared to 8 percent in 2010.

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Supreme Court Outlaws Chapter 7 ‘Stripping Off’ of Second Mortgages

Bank of America appealed the bankruptcy judge's ruling for the two cases, but the 11th Circuit U.S. Court of Appeals upheld the bankruptcy court's decision in May 2014, going against the Dewsnup ruling by saying that decision did not apply when the collateral on a junior lien (second mortgage) did not have sufficient enough value. The bank subsequently appealed the 11th Circuit Court's ruling.

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Delinquencies Down Among Single-Family Rental Securitizations

Delinquencies were reported at less than 1 percent in 11 out of 15 single-family securitizations rated by Morningstar in March 2015, compared with 16 out of 17 in April. The recently-closed AH4R 2015-SFR1 (American Homes 4 Rent) and IH-2015 SFR2 (Invitation Homes) were added to the May 2015 report.

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Judge Dismisses Class Action Racketeering Suit Against Ocwen

The homeowners claim that Ocwen charged them for unnecessary repeat inspections properties where the borrower was either delinquent or in default, and by doing so they claim Ocwen was in violation of Fannie Mae's servicing guidelines that require individual cases to be assessed to determine if the properties are in need of subsequent inspections after the first.

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