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FHFA-OIG Report Cites Risks to Fannie, Freddie From Nonbank Servicers Using Short-Term Financing

July 3, 2014
The Federal Housing Finance Agency agreed to provide guidance to Fannie Mae and Freddie Mac on how to manage the risks arising from their work with nonbank special servicers, the FHFA’s Office of Inspector General said in a report issued this week. The OIG said the FHFA and the government-sponsored enterprises “have responded well to specific problems at nonbank special servicers.” However, it said the FHFA “has not established a risk management process or overall oversight framework to handle some general risks” such servicers pose. The report cites...
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News Briefs

July 3, 2014
The $261.01 million jumbo mortgage-backed security that Shellpoint Partners issued in June 2013 has had 14 loans go 30-days delinquent, four loans go 60-days delinquent, and one loan go 90-days delinquent, according to Kroll Bond Rating Agency. As of May, only three of the loans were 30-days delinquent, with the other once-delinquent mortgages having returned to current status or paid off. KBRA affirmed its ratings of ... [Includes four briefs]
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Struggling Origination Market Causes Another Market To Stall: Initial Public Offerings of Mortgage Companies

July 3, 2014
Mortgage companies that were hoping to launch initial public offerings this year are putting their plans on hold these days thanks to a weak origination market, according to investment bankers and stock analysts who follow the industry. “It’s deader than a doornail,” said Paul Miller, a senior analyst with FBR Capital Markets. According to Miller, who tracks publicly traded mortgage companies such as Nationstar Mortgage, PHH Corp., and Walter Investment Management, the origination market has...
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The Basics Still Count in RESPA Compliance, Even As the CFPB Pursues Some Creative Legal Theories

July 3, 2014
Any respite the mortgage industry had from enforcement actions under the Real Estate Settlement Procedures Act is over. If there’s one overarching theme about the Consumer Financial Protection Bureau’s vigorous RESPA activity of late, it’s that the basics still count when it comes to compliance, even as the bureau pushes the theoretical envelope in some instances, top industry attorneys say. “RESPA Section 8 enforcement is back. It was in abeyance during the transition of RESPA enforcement from the Department of Housing and Urban Development to the CFPB over the last few years,” said attorney Angela Kleine, an associate in the San Francisco office of the Morrison & Foerster law firm. “But the CFPB is picking up where HUD left off, and then some.” Kleine said...
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With Loss Mitigation Actions Declining for Banks and Nonbanks, HAMP Extended

July 3, 2014
Loss mitigation activity continued to decline in the first quarter of 2014, driven by better loan performance. That didn’t stop the Treasury Department from extending the Home Affordable Modification Program and related loss mitigation programs for at least another year, through the end of 2016. A total of 132,783 loan modifications were completed in the first quarter, according to Hope Now, down 3.4 percent from the previous quarter and down 45.7 percent from the first quarter of 2013. On a monthly basis, loan mod activity continued to decline in April. Loan mod activity is...
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House to Push Permanent PMI Tax Break Bill While Senate ‘Extender’ Legislation Stalled Until Elections

July 3, 2014
Look for the Republican-controlled House this month to push additional “tax extender” legislation, including a measure to make permanent a tax break for private mortgage insurance, although the Senate will likely defer any action on tax bills stalled until after the November elections. More than six months after a series of tax incentives, including some mortgage-related measures, expired due to Congressional inaction, partisan sniping and a distinct difference in the legislative approaches of House and Senate tax-writing chairmen has contributed to uncertainty within the industry. House, Ways and Means Committee Chairman Dave Camp, R-MI, has taken...
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Agencies Take Down Another FHA Lender

July 3, 2014
U.S. Bank became the latest casualty in the government’s offensive against lax underwriting and improper origination of FHA mortgages after the bank to pay $200 million to settle all related charges. The Minneapolis-based bank became the seventh FHA lender since 2012 that has entered into settlement agreements with the Department of Justice and the Department of Housing and Urban Development to resolve alleged violation of the False Claims Act and the Financial Institution Reform, Recovery and Enforcement Act, according to Inside FHA Lending’s analysis of government data. The government lawsuits allege that the banks’ certification of loans as eligible for FHA insurance under the direct endorsement program violated the FCA. The banks’ misconduct allegedly contributed to the legacy losses that crippled the FHA Mutual Mortgage Insurance Fund and placed the ...
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Lenders Find Glitches in Fledgling LEAP 3.0

July 3, 2014
It has been barely a month since the FHA deployed its Lender Electronic Assessment Portal (LEAP 3.0), but lenders are already having difficulty executing some functions in the new system. Lenders are complaining about how hard it is to provide access to independent public accountants (IPA) for purposes of recertification functions, as well as difficulties in making changes to existing branches or adding new ones or changing cash flow accounts. Lenders are concerned they may be sanctioned or penalized if they make a mistake, but the FHA seems not inclined to do this because the system is new. “[We] are highly focused on correcting these issues, and hope to have these functions working properly very soon,” the agency promised in a recent note to FHA lenders. The FHA said it is also aware of the complications that some lenders have faced in submitting their annual recertification in LEAP. Many of these problems have been addressed and the deadline for submission of recertification packages has been extended as well, the agency noted.
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FHA Lenders Raise Production Numbers in April

July 3, 2014
FHA lenders reported a significant increase in the number of FHA-insured loans originated in April, breaking a downward production spiral that began in the third quarter of last year. Whether this marks a turnaround for the market, however, is uncertain. April closed with $10.3 billion in total FHA originations, up 18.5 percent from March but down 51.7 percent from the same period a year ago. This surge in FHA financing occurred despite the rising costs of obtaining an FHA loans and access-to-credit issues, which have narrowed the gap between FHA and conventional loans with private mortgage insurance. Spring and Fall are the busiest times of year for home sales which might explain the spike, according to real estate agents. FHA fixed-rate mortgages comprised 95 percent of April’s production, with purchase loans accounting for 78 percent of loans originated during the month. FHA lending trends, however, show ... [2 charts]
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FHA Adds Non-Borrowing Spouses to HECM PLFs

July 3, 2014
The FHA has announced new principal limit factors (PLF) for Home Equity Conversion Mortgages along with instructions to lenders to ensure that borrowers and their non-borrowing spouses understand the benefits and disadvantages of a reverse mortgage. The new PLF tables have been wholly revised and now include PLFs for use where the borrower has a non-borrowing spouse younger than age 62. In recent guidance, the FHA urged lenders to ensure that borrowers are provided with an analysis of the cost of a HECM loan and its benefits so that they can decide whether a reverse mortgage would meet their financial needs. Lenders also must advise prospective borrowers and their non-borrowing spouses to consult with a housing counselor whether PLFs below 20 percent may or may not actually improve their financial situation or meet their special needs. “Significant consideration should be given to the ...
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