HUD

Browse articles from all of our Newsletters related to HUD.

December 2, 2016 - Inside FHA/VA Lending

Around the Industry

US Court Issues Injunction on DOL’s Overtime Pay Rule. A federal judge in Texas granted states’ motion to block the Department of Labor’s controversial overtime pay rule set to take effect on Dec. 1, 2016. In late breaking news, the Department of Justice said it will appeal the injunction. The decision handed down by Judge Amos Mazzant of the US District Court for the Eastern District of Texas would deprive approximately 4.2 million workers who stand to benefit from the rule. Twenty-one states, a coalition of business organizations and the Plano Chamber of Commerce challenged the rule in separate amici briefs, arguing they stand to lose money if the final rule takes effect. The final rule would require employers to pay a higher salary level for certain employees to be exempt from overtime. In addition, it would automatically update the minimum salary level every three years. In his decision, Mazzant determined that ...


December 2, 2016 - Inside FHA/VA Lending

HUD Fears Cycle of Restatements As IG Withholds Opinion Again

The Department of Housing and Urban Development has expressed concern about the inspector general’s decision to withhold its opinion on the results of FY 2016 audits of HUD and Ginnie Mae. In its audit report, the HUD inspector general said it has issued a disclaimer of opinion on HUD’s fiscal years 2016 and 2015 (restated) consolidated financial statements because of the agency’s failure to deliver both statements and their accompanying notes in a timely manner. In addition, there were several unresolved audit matters from past audits that prevented the IG from completing an examination of HUD’s and Ginnie Mae’s accounts and rendering an opinion. These unresolved matters related to a number of things, including the Office of General Counsel’s refusal to sign a management representation letter, HUD’s improper use of budgetary accounting methods, and the $4.2 billion in ...


December 2, 2016 - Inside FHA/VA Lending

HUD Eases FHA Outsourcing Rules, Clarifies Lenders’ Responsibilities

The Department of Housing and Urban Development has clarified requirements for FHA lenders before they can hire professional employer organizations to handle their human-resource (HR) functions. Generally, the HUD Single-Family Policy Handbook bars FHA lenders from outsourcing HR services such as payroll processing, payment of employment taxes, and/or the provision of employee benefits. However, HUD has decided to ease the rules in new guidance issued on Nov. 28. Based on an analysis of certain policies and potential risks, HUD now allows lenders to outsource their HR services if they retain full responsibility and legal liability for the actions of covered employees with respect to HUD regulations and requirements, particularly in the areas of compensation and use of contractors. Specifically, the lender must not compensate employees who perform underwriting, quality control, or ...


December 2, 2016 - Inside FHA/VA Lending

Jury Finds Allied Home Mortgage Entities Guilty, Awards $93M to US

A federal jury awarded more than $93 million in damages to the federal government after finding Allied Home Mortgage entities liable for civil mortgage fraud against the FHA. A unanimous jury found Allied Home Mortgage Capital and Allied Home Mortgage Corp., as well as the company’s president and chief executive, Jim C. Hodge. guilty of mortgage fraud. The jury awarded the Department of Housing and Urban Development and the Department of Justice a total of $93 million in damages, including $7.4 million against Hodge. The Allied entities allegedly violated the federal False Claims Act (FCA) and the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA) in connection with “a decade of fraudulent misconduct” related to FHA lending. The FCA provides for treble damages and imposes a penalty of $5,500 to $11,000 for each violation. Separately, FIRREA imposes a ...


December 2, 2016 - Inside FHA/VA Lending

Groups Favoring One-Unit Approval, Differ on Owner-Occupancy Rate

Stakeholders voiced support for an FHA proposal to revive the agency’s single-unit approval policy for condominium financing but differed on owner-occupancy requirements. Both items are part of a proposed rule which would give the FHA more wiggle room in formulating its condo rules. The proposed rule’s 60-day comment period ended on Nov. 28. Among other things, the FHA is proposing to reinstate “spot approval” financing on individual units in condo projects that are not currently approved for FHA insurance. The Department of Housing and Urban Development terminated single-unit approvals a few years ago in favor of mandatory condo-project approval. Ultimately, the current approval process proved to be more cumbersome, resulting in many condo projects opting out of FHA. Under the proposed rule, single-unit approvals are limited to a maximum of 20 percent of the units in the ...


December 2, 2016 - Inside FHA/VA Lending

CFPB Issues New Exam Procedures For Reverse Mortgage Servicing

The Consumer Financial Protection Bureau has ditched the antiquated method for assessing servicer compliance with reverse mortgage-servicing rules in favor of new examination procedures. Depending on the scope, each reverse mortgage-servicing exam will include one or more of eight modules covering various facets of reverse mortgage servicing. There are two kinds of reverse mortgages. The FHA, under the Home Equity Conversion Mortgage program, insures most reverse mortgages. As with other FHA mortgage products, it has a maximum loan amount. Some lenders also offer proprietary (non-HECM) reverse mortgages, which are designed generally for borrowers with higher home values and more equity, the CFPB noted. Proprietary reverse mortgages are not federally insured. However, companies that offer them copy the consumer protections found in the HECM program, including ...


December 2, 2016 - Inside FHA/VA Lending

FHA Raises Loan Limits for HECMs, Forwards; VA Follows Freddie Mac

The FHA this week announced higher “floor” and “ceiling” loan limits for forward and reverse mortgages for 2017, pushing loan limits upward in certain metropolitan statistical areas by as much as $162,500. The loan-limit changes will take effect on Jan. 1, spurred by rising median home prices. The Case-Shiller Home Price Index for September reported that home prices increased 5.5 percent year-over-year, driven by a tight supply of homes for sale, especially in the West. Each year, FHA recalculates its loan limits based on 115 percent of the median house price in the area. For counties located in MSAs, the loan limit is calculated based on the highest-cost county within the MSA. Under the 2017 changes, FHA will raise its nationwide “floor,” or low-cost area mortgage limits, for one-unit properties to $275,665 from $271,050, a difference of $4,615. In high-cost areas, the loan-limit ceiling for a ... [ 2 charts ]


December 2, 2016 - Inside FHA/VA Lending

FHA, VA Deliveries to Ginnie Mae Increase During First Nine Months

Total FHA and VA originations increased during the first nine months of 2016 compared to the same period last year, although VA was more active, posting a double-digit production increase, according to an analysis of Ginnie Mae data. Lenders delivered $201.0 billion of FHA loans to Ginnie single-family mortgage pools over the last three quarters, up 4.8 percent from the previous year. Approximately 65.4 percent and 29.3 percent of FHA loans securitized were purchase loans and refinances, respectively. The remainder was loan modifications. VA originations totaled $143.2 billion over the same period, up 22.3 percent from last year. Refinances accounted for 51.9 percent of volume and purchase loans comprised 47.0 percent. The share of FHA loans in agency mortgage-backed securities for the nine-month period was 19.5 percent and 13.9 percent for VA. FHA loans accounted for ...


December 1, 2016 - Inside Mortgage Finance

Mortgage Industry Parses Tea Leaves As Trump Begins Assembling Cabinet

The incoming administration of President-elect Donald Trump is likely a couple of months away from formal confirmation by the U.S. Senate of new cabinet officials. But at least one position has apparently been settled – that of Treasury secretary – and other names have been circulated, including that of a possible head of the Department of Housing and Urban Development. At the same time, Trump has begun fleshing out the personnel that will serve on various “landing teams,” which help ease the transitions at various federal agencies. On the cabinet level, the new president has decided...


November 23, 2016 - Inside Mortgage Finance

CFPB Asks Appeals Court to Reconsider Questions of Constitutionality, Legality of Tying Arrangements

The Consumer Financial Protection Bureau late last week filed its much-anticipated petition with the U.S. Court of Appeals for the DC Circuit to reconsider some of the key holdings made by a three-judge panel of the court against the agency in PHH Corp. v. CFPB back in mid-October. One such holding was the panel’s determination that the CFPB’s leadership structure is unconstitutional because it is run by a sole director who can only be removed by the president for cause. While an appeal by the bureau was widely expected, the issue took on a new urgency after Republican real estate developer Donald Trump won the presidential election. In its petition, the CFPB asserted...


November 18, 2016 - Inside FHA/VA Lending

Around the Industry

Industry Groups Urge Congressional Leaders to Pass ‘Tax Extenders’ Legislation. Three industry groups called upon House and Senate leaders to pass “tax extenders” legislation, including two critical tax provisions that are scheduled to expire at the end of 2016. In a joint letter this week, the Mortgage Bankers Association, National Association of Realtors and the National Association of Home Builders called for the “rapid enactment” of a broad “tax extenders” package, including mortgage-debt forgiveness and tax deduction for mortgage insurance premiums. Passing a legislative package of tax extenders that includes the two provisions would provide much-needed certainty to the residential real estate markets, the letter said. Federal Agencies Propose Rule to Expand Access to Private Flood Insurance. Federal banking and credit union regulators and the Farm Credit Administration have published a ...


November 18, 2016 - Inside FHA/VA Lending

Overall Delinquency Rate Improves For FHA, VA Loans in Third Quarter

FHA and VA loan performance improved in the third quarter of 2016 as the delinquency rate on government-backed loans declined on a seasonally adjusted basis, according to the Mortgage Bankers Association’s latest mortgage delinquency survey. The FHA delinquency rate fell by 16 basis points to 8.30 percent, its lowest level since 4Q97, with all categories – 30-days, 60-days and 90 days + past due – reflecting the decline. Over the quarter, the delinquency rate of FHA loans with payments 30 days past due dropped 4 bps from the previous quarter. Insured loans that were 60 days behind on their payments saw a 6 bps drop in their delinquency rate, while that for seriously delinquent loans fell 9 bps during the period. FHA mortgages showed some declines in performance on a non-seasonally adjusted basis. Approximately 8.70 percent of outstanding FHA loans were past due as of the end of the third quarter, up 25 bps from the ...


November 18, 2016 - Inside FHA/VA Lending

GAO to FHA, RHS: Consider Rolling Overlapping Programs into One

A new report from the Government Accountability Office urged the FHA and the Rural Housing Service to consider consolidating both their similar, often overlapping single-family home loan guarantee programs. Both FHA and RHS, an agency under the U.S. Department of Agriculture, help borrowers finance homes by providing guarantees on their single-family mortgage loans. The latest GAO report expands on the analysis in a 2012 report, which found overlaps in the loan products offered by the two agencies, borrower income levels, and geographic areas served by the FHA single-family mortgage insurance program and the RHS’ Single-Family Housing Loan Guarantee Program. The report compared single-family home purchase loans backed by FHA and RHS in fiscal years 2010-2014. Auditors found significant overlap and some differences in the borrowers the agencies serve. According to the ...


November 18, 2016 - Inside FHA/VA Lending

Study Debunks HUD IG’s Claim that HFA DPAs Put FHA Fund at Risk

State housing finance agencies’ downpayment assistance poses minimal risk to the FHA, and the scope of the problem is nowhere near the size suggested by the Department of Housing and Urban Development’s inspector general, according to a new study by the Urban Institute. The study’s conclusion would appear to bolster HUD’s defense of permissible downpayment assistance in a disagreement with the agency’s inspector general. The dispute arose from an IG audit of NOVA Financial & Investment Corp., an originator of FHA-insured mortgages with downpayment assistance provided by state housing finance agencies (HFAs). In a July 2015 report on NOVA’s audit, the IG alleged that some HFAs were allowing downpayment assistance that was being paid for through higher mortgage rates, in violation of FHA requirements for downpayment assistance. It also put FHA’s mortgage insurance fund at ...


November 18, 2016 - Inside FHA/VA Lending

U.S. Court Orders Quicken’s FHA Case Moved to MI District Court

The Department of Justice lost its bid to have an FHA lawsuit against Quicken Loans heard in the nation’s capital after a federal judge this week ordered the case transferred to federal district court in Michigan. Judge Reggie Walton of the U.S. District Court for the District of Columbia agreed with Quicken that the proper forum for adjudicating the government’s False Claims Act case is the Eastern District Court in downtown Detroit. While the court agreed that the case has national implications, it also noted the “strong local interest in this matter in the Eastern District of Michigan,” where “Quicken Loans underwrote the FHA loans at issue, endorsed those loans, and certified its compliance as to those loans.” While certain factors weighed against the transfer, the alleged unlawful activity occurred in or near Detroit, where the lender is headquartered and most of its employees are located. The case, U.S. v. Quicken Loans, ...


November 18, 2016 - Inside FHA/VA Lending

Vibrant Purchase Market Fuels FHA, VA Originations in 3Q16

A strong purchase market helped push FHA and VA originations in the third quarter of 2016, according to an Inside FHA/VA Lending analysis of agency data. FHA forward originations increased by 17.4 percent from the second quarter for a total of $72.3 billion. That brought total FHA-insured loans originated over the first nine months to $187.3 billion, up 3.9 percent from the same period last year. Purchase mortgages comprised 70.0 percent of FHA’s total origination over the last three quarters. Quicken Loans reported only a 3.3 percent increase in FHA originations in the third quarter but still managed to retain its top ranking with $10.8 billion in FHA originations in the first nine months of 2016. Freedom Mortgage worked extra hard, ending the nine-month period with $5.0 billion on the strength of refinances. Third-quarter originations were up 69.6 percent from the prior quarter, and up 51.4 percent for the ... [ 4 charts ]


November 17, 2016 - Inside Mortgage Finance

FHA’s FY 2016 Forward Portfolio Boosts MMIF’s Value, Capital Reserve Ratio but No Indication of Pricing Change

The FHA Mutual Mortgage Insurance Fund may be healthy enough to support a cut in forward-mortgage premiums, but officials at the Department of Housing and Urban Development aren’t yet willing to pull the trigger. HUD this week released its annual FHA audit showing strong improvement in the MMI Fund from the forward-mortgage side of the ledger. During a press briefing, Edward Golding, principal deputy assistant secretary for housing, said the strong audit results “do indicate there is room to return pricing to that which reflects the risks in the program.” He noted that the $245 billion in new FHA business in fiscal 2016 clearly added to the strength of the MMI Fund, “with indications we’re pricing above the risk of the program.” At the same time, Golding made...


November 10, 2016 - Inside Mortgage Finance

CFPB, Dodd-Frank May Be in the Crosshairs of Trump Administration, GOP-Controlled Congress

Mortgage lenders and servicers could see a dramatic change in the regulatory environment following the election of Donald Trump as president with a GOP-controlled Congress. During a campaign of many and sometimes conflicting promises, Trump vowed to repeal the Dodd-Frank Act, which would require Congressional action and, if carried out in its entirety, would abolish the Consumer Financial Protection Bureau. Some observers think a more likely outcome is a restructuring of the CFPB itself and curbing of some regulatory and enforcement actions, perhaps with new leadership. Mortgage lending issues were...


November 4, 2016 - Inside FHA/VA Lending

Higher Flood Elevation Standards Sought for FHA-Insured Properties

With sea levels rising and flood risks increasing, federal housing regulators are proposing new base elevation standards for all properties with an FHA-insured mortgage located in flood hazard areas. Under the Department of Housing and Urban Development’s proposed rule, elevations for “non-critical” properties would be raised two feet above the site’s base flood elevation or 100-year floodplain. The proposed rule also would revise...


November 4, 2016 - Inside FHA/VA Lending

Proposed Condo Approval Changes Will Boost FHA Condo Originations

Proposed changes to the FHA’s condominium approval rules would add approximately 7,000 condo units to the agency’s portfolio and reduce certification costs by $1 million annually, according to a Department of Housing and Urban Development analysis of the proposal’s economic impact. The boost in the agency’s condo originations would result mainly from a proposal to reinstate the “spot” loan process or “single unit approval,” which FHA eliminated in February 2010. The proposed rule would allow...


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In 2016, what have you been paying your retail residential loan officers, on average, as a commission?

25 to 50 basis points per loan
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