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Senate Unanimously Approves FHA Condominium Bill, But Industry Interest is on HUD Condo Reform Guidelines

July 21, 2016
The U.S. Senate last week passed legislation easing FHA rules on condominium financing even as condo reform rules are undergoing clearance at the Office of Management and Budget. H.R. 3700, the Housing Opportunity Through Modernization Act of 2016, was approved by unanimous consent. The bill passed in the House of Representatives by a vote of 427-0 back in February. Industry observers say the bill would essentially codify long-anticipated guidelines the Department of Housing and Urban Development has drafted. Among other things, the bill requires...
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State Court Ruling Sets Precedent Against Servicers’ Practice of Changing Locks Before Foreclosure

July 21, 2016
A recent ruling by the Washington State Supreme Court goes against servicers’ practice of changing the lock on a property before a foreclosure. While such practices are generally allowed under mortgage contracts and have been approved by other states, the Washington state court ruling is favorable to 3,600 borrowers in a class-action lawsuit and could cause further issues for servicers. Laura Jordan v. Nationstar Mortgage centered on Nationstar’s actions after the borrower defaulted on her mortgage. A vendor acting on behalf of Nationstar inspected the property, deemed it to be vacant and changed the lock on the front door. The vendor also left a lockbox on the door with the key to the new lock and the borrower was provided access to the key. Jordan represents...
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Small Banks and Nonbanks Applaud H.R. 5907, Seek Relief from Increased Regulatory Oversight

July 21, 2016
Smaller banks and nonbanks are rallying behind legislation recently introduced to relieve community mortgage lenders from some of the scrutiny placed on larger banks. Rep. Roger Williams, R-TX, authored H.R. 5907, the Community Mortgage Lenders Regulatory Act of 2016, and emphasized that community mortgage lenders engaged in traditional mortgage lending were not responsible for the recent mortgage crisis. Scott Olson, director of the Community Home Lenders Association, told...
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FHA to Insure Certain Mortgages with PACE Liens; MBA, California Realtors Dissatisfied with Guidelines

July 21, 2016
The FHA this week clarified its policy on insuring mortgages with PACE (Property Assessed Clean Energy) senior tax liens to make it easier for borrowers to obtain FHA financing for such mortgages, but the mortgage and real estate industries continue to have concerns. The new guidelines address state programs where the PACE obligation is treated like a property tax with priority over an FHA lien. The program provides financing for home-energy improvements and water conservation, and is repaid through an assessment added to the property’s tax bill. The guidelines are designed...
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TRID Issues Likely to Require Due Diligence Reviews of All Loans in New Non-Agency MBS

July 20, 2016
Brandon Ivey
Analysts at Morningstar Credit Ratings suggest that most non-agency MBS backed by new mortgages will be subject to full reviews due to uncertainty regarding the TILA-RESPA Integrated Disclosure rule.
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New Penn Tops Jumbo MBS Contributors in 2Q; Underwriting Loosens Slightly

July 20, 2016
Brandon Ivey
Some 109 lenders contributed to the $344.89 million jumbo MBS issued by Redwood Trust during the quarter, according to Moody’s Investors Service.
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Short Takes: Refi Apps Decline / TRID Guidance Out Soon-ish / Redwood Stocks MBS with TRID Loans / Private MI and Non-Agency MBS? / Correction on MGIC's Net Income

July 20, 2016
Brandon Ivey and Thomas Ressler
Applications for refinances decreased slightly last week compared with the week prior, according to the Mortgage Bankers Association, as average interest rates on mortgages increased during the week.
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GSEs Make Adjustment to Low-Downpayment Programs to Simplify Process

July 20, 2016
Carisa Chappell
Fanie Mae made changes to its HomeReady program and Freddie Mac adjusted its Home Possible program.
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Lenders Express Concern About New PACE Guidelines for FHA Mortgages

July 20, 2016
George Brooks
The new guidance includes a number of provisions, including a requirement for lenders to escrow PACE payments to protect the FHA from losing collateral in a tax sale.
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Republican Platform Labels GSEs’ Business Model as ‘Corrupt’

July 19, 2016
Carisa Chappell
“[The GSEs’] corrupt business model lets shareholders and executives reap huge profits while the taxpayers cover all losses,” according to the Republican platform.
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