Ocwen has reached a settlement with the NY DFS on onerous terms. Highlights are:
- Bill (William) Erbey steps down from every single company in his empire (OCN, ASPS, AAMC, HLSS, RESI). It’s unclear to me whether he decided to join his wife in retirement or whether he was forced out. I suspect that it is more of the former than the latter.
- Ocwen will eventually be able to buy more MSRs though it does not look like this will happen in the short term. Firstly, NY DFS must appoint an Operations Monitor. Then, the Operations Monitor will develop a set of benchmarks to measure Ocwen’s capability in boarding new MSR portfolios. Once Ocwen can demonstrate that it can meet all of the benchmarks, Ocwen will be able to board new MSR portfolios. Future servicing transfers are conditional on the NY DFS’ approval. Its approval is “not to be unreasonably withheld” according to the consent order.
- The cost of servicing will go up due to more regulations. For example, Ocwen must provide credit reports to borrowers in New York state if their credit was negatively impacted by Ocwen “regardless of whether such borrower’s loan is still serviced by Ocwen”.