Government

Nevada Attorney General Catherine Cortez Masto has filed a lawsuit against Lender Processing Services (LPS), alleging the company executed fraudulent documents to support foreclosure proceedings. Masto's announcement came as a surprise, considering just last month LPS disclosed publicly that the attorney general's office assured the company it was not a target of the state's investigation, which has already resulted in the indictment of six former LPS employees for alleged robo-signing abuses.

Six former executives at Fannie Mae and Freddie Mac are now facing securities fraud charges for making misleading statements about the companies' holdings of subprime loans between March 2007 and August 2008. The Securities and Exchange Commission (SEC) alleges they fed the markets false information about the amount of risk on each company's books. Both GSEs entered into non-prosecution agreements with the SEC and have agreed to cooperate in the litigation against their former executives.

The ongoing turmoil still gripping housing markets across the country has manifested itself in the Federal Reserve's macro assessment of household wealth and capital flow. With foreclosure stripping millions of Americans of their largest asset and potential homebuyers still watching for the market bottom, the total sum of home mortgage debt in the U.S. has dropped to its lowest level in nearly five years. Outstanding mortgage debt contracted by 1.8 percent over the third-quarter period to $9.88 trillion.

After filing criminal charges about a month ago against two title officers employed by Lender Processing Services, Nevada Attorney General Catherine Cortez Masto has filed complaints against three additional notaries. The new defendants allegedly filed fraudulent notices of default with the Clark County Recorder's office after notarizing the signature of persons not in their presence. A fourth notary reportedly struck a plea deal with the attorney general after admitting to notarizing about 25,000 fraudulent foreclosure documents.

Freddie Mac has notified servicers that they are required to take part in mortgage assistance programs offered by state Housing Finance Agencies (HFAs) in connection with the federal government's Hardest Hit Fund initiative. The GSE says collaboration with state HFAs will provide additional support for servicers' efforts and ""our mutual commitment"" to help at-risk borrowers avoid foreclosure. HFA programs provide funds to servicers which may be applied to such criteria as loan-to-value ratios in order to help borrowers qualify for a modification.

Citing data from Lender Processing Services estimating more than 2 million properties in some state of foreclosure, Fitch Ratings says REO sales - both single-property and bulk sales - will be an integral component of the housing market over the next two years. However, the timing and method of disposition will have significant implications for home prices, according to Fitch. The agency notes that distressed properties generally sell at a substantial discount, further exacerbated by the presence of excess inventory.

At a Senate subcommittee hearing examining the progress of the foreclosure review process ordered earlier this year, lawmakers questioned officials from the Office of the Comptroller of the Currency and the Federal Reserve about the impartiality of the ""independent reviews."" Senators asked whether any of the consultants hired to conduct the reviews had worked with the servicers previously. The regulators admitted that some had. Members of the subcommittee say these past ties raise doubts about the true independence of the examiners.

Those keeping tabs on the Federal Reserve's movements were looking for a change in the central bank's communication strategy when officials emerged from their final policy meeting of the year on Tuesday. Some analysts were even anticipating the Fed to launch a third round of 'Quantitative Easing' measures. All expectations went unfulfilled. With Wall Street disappointed in the lack of action, mortgage rates dipped to new lows following the Fed's (non) announcement.

State attorneys general and the nation's five largest mortgage servicers have been supposedly close to a settlement for quite some time. The latest estimate is that they are likely to reach an agreement before Christmas. A local Iowa media outlet attributes this information to Iowa Attorney General Tom Miller, head of the states' negotiating committee. Miller says the settlement would release the banks from legal claims on past servicing and foreclosure practices but would not provide any release on securitizations.

The Federal Housing Finance Agency (FHFA) filed a lawsuit in federal court Monday against the city of Chicago contesting a local ordinance that makes lenders liable for the upkeep of vacant homes before they take possession of the title. FHFA says the law encroaches upon its role as the sole supervisor of Fannie Mae and Freddie Mac, and could raise costs for homeowners in the city. Both GSEs have instructed servicers to keep a record of all registration, inspection, and maintenance expenses incurred to comply with the Chicago ordinance.