Tag Archives: U.S. Bank

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 Steve Dane, partner with Relman, Dane & Colfax in Toledo, Ohio.

Banks and other financial institutions have agreed to many multimillion and even multibillion dollar settlements following the financial crisis for their mortgage practices. This week, however, HUD ruled in favor of U.S. Bank in a complaint that alleged racial discrimination in REO property maintenance.

U.S. Bank announced the appointment of Tom Wind as president of U.S. Bank Home Mortgage this week. Wind succeeds Rick Aneshansel, who announced his retirement earlier this year.

Bank of America's number of 60-plus days delinquent first mortgage loans serviced by Legacy Assets and Servicing fell to 132,000 in Q2, a year-over-year decline of 50 percent, while adjusted net charge-offs also declined year-over-year by 26 percent down to $929 million

The claims that were revived in the state court involved 794 private-label residential mortgage-backed securities that were securitized during a three-year period immediately prior to the financial crisis (2004 to 2007). According to reports, at the time of securitization, the trusts were worth about $743.8 billion. The investors are accusing the Minneapolis-based bank, as a trustee for the securities, of ignoring defects in the loans and failing to take action, which subsequently caused investors to lose billions of dollars in the aftermath of the crisis.

The institutional investors, including affiliates of investment manager BlackRock Inc. and Pacific Investment Management Company LLC, had objected to the settlement, saying it excludes them from the class, while simultaneously releasing their claims against U.S. Bank in a derivative action. The judge said the terms of the agreement didn’t bar those investors' claims.

Several mortgage lenders have asked the Nevada Supreme Court to reverse a decision it made in September that a homeowners association's (HOA) super priority lien can extinguish a first deed of trust nonjudicially on a residential property.

U.S. Bank has reached a settlement with a housing regulator over allegations the bank discriminated against a Native American couple in denying them a refinance. In a complaint filed with HUD, the couple alleged U.S. Bank and its appraiser, Red Sky Risk Services, turned down their refinance application last year, informing them that the bank couldn't make the loan because their property was located on a reservation and could not be appraised.

U.S. Bank has agreed to pay the United States Government $200 million to settle claims that it violated the False Claims Act by knowingly originating and underwriting loans insured by the Federal Housing Administration (FHA), underneath the HUD umbrella, that did not meet underwriting requirements for eligibility.