Non-Bank Servicers Like Ocwen and Nationstar are Mishandling Foreclosures and Modifications, Finds FHFA Report

This is another one in the “tell us something we don’t already know” archive of government reports but the FHFA published a special report on nonbank mortgage servicers yesterday.  “Specifically, the nonbank special servicers do not have the same capital requirements as a bank, which means they are more susceptible to economic downturns. Such downturns could substantially increase nonperforming loans that require servicer loss mitigation while at the same time impact the ability of the servicer to perform,” the report said.

This excerpt on the issue is from Structured Finance News:

Borrowers whose loans are backed by Fannie or Freddie “may not have their loans properly serviced” by nonbanks, says Russell Rau, a deputy inspector general for audits who wrote the 17-page report. Rau recommends that FHFA develop a formal framework that would include routine exams, reviews and testing to ensure nonbank servicers can meet current servicing requirements.

Since last year, regulators have ratcheted up their scrutiny of nonbank mortgage servicers after receiving thousands of complaints from borrowers for mishandled foreclosures, denied loan modifications and overcharging on fees. Benjamin Lawsky, the Superintendent of New York’s Department of Financial Services, has launched separate investigations into two nonbank servicers, Ocwen Financial (OCN) and Nationstar Mortgage (NSM).

The FHFA inspector general’s report describes the massive growth since 2008 of nonbank servicers, which it says are not subject to the same capital requirements as banks. The FHFA, Fannie and Freddie have been supportive of banks selling mortgage servicing rights to nonbanks largely to help struggling homeowners and to limit the GSEs’ own losses.

Despite receiving more scrutiny, some nonbank servicers do not have the infrastructure to properly service all of the loans they have acquired, the report found. Fannie and Freddie have been aware of operational problems and have sent teams to specific servicers only to find weak infrastructure and lax handling of borrower complaints.

“This rise in nonbank special servicers has been accompanied by consumer complaints, lawsuits, and other regulatory actions as the servicers’ workload outstrips their processing capacity,” the report found.


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