Just exactly how the CFPB plans to define “qualified mortgages” in its forthcoming ability-to-repay proposed rule remains uncertain after the bureau’s chief, Richard Cordray, testified before the House Financial Services Committee last month. Cordray indicated the bureau has not yet decided whether it plans to adopt a safe harbor, which is the industry’s preferred standard, or the rebuttable presumption approach, which is the standard consumer advocates are pushing for. He also suggested that some of the differences...

The CFPB said it wants to make it more expensive for lenders to break the law than to obey it. That message was sent loud and clear last week when the bureau and the Federal Deposit Insurance Corp. announced a $200 million joint enforcement action against Discover Bank over some of the company’s credit card marketing practices.Discover will also have to pay $14 million in a civil money penalty to be split 50/50 by the CFPB and the Department of the Treasury. The $200 million is to be divided among more than 3.5 million...

Prospects for the long-awaited information-sharing agreement between the state attorneys general and the CFPB are suddenly noticeably darker. Not only has a group of Republican state AGs apparently refused to sign the pending memorandum of understanding, three GOP state AGs have joined a lawsuit that challenges the constitutionality of the law that created the bureau. News accounts emerged last week that a number of Republican state AGs have reportedly refused to sign the MOU that was developed to protect...

The FHA Short Sale program may have cost the Department of Housing and Urban Development more than $1 billion in ineligible claims but only a portion may actually be recovered, according to a report from HUD’s Office of the Inspector General. A HUD OIG audit estimated that the department paid $1.06 billion in claims for 11,693 preforeclosure sales that did not meet FHA’s criteria for participation in the program. The OIG said it began a nationwide review of the short sale program after finding significant deficiencies in borrower qualifications during an audit of CitiMortgage’s preforeclosure sale claims last year. Auditors found ...

Fixed-rate mortgages comprised most of August’s FHA production, which totaled $22.1 billion, up 13.2 percent from July and 37.9 percent from a year ago, according to an Inside FHA Lending analysis of FHA data. FRMs accounted for 98.9 percent of new loans with FHA insurance in August. In-house originations made up 79.6 percent of new endorsements while purchase loans accounted for 56.1 percent of FHA originations during the month. Wells Fargo is the only top FHA lender to exceed the billion-dollar mark. In fact, the bank reported $2.2 billion in new FHA originations, 76.0 percent of which were produced in-house. The purchase mortgage share of Well’s total FHA originations was ... [2 charts]

The antiquated backbone of the FHA’s Home Equity Conversion Mortgage program will soon be history with the official launch of HERMIT on Oct. 9. HERMIT, or the Home Equity Reverse Mortgage Information Technology, is a second generation, web-based automated system, designed to improve the Department of Housing and Urban Development’s ability to track and monitor its HECM portfolio in real time. The system also automates the payments of insurance claims while increasing efficiency and mitigating risks to the FHA insurance fund. HERMIT consists of a servicing module and an accounting module to ...

The FHA’s seriously delinquent rates and early payment defaults went virtually unchanged in the second quarter of 2012 from the previous quarter, according to the Department of Housing and Urban Development’s latest report on single-family programs covered by the FHA insurance fund. FHA data showed that the seriously delinquent rate for insured single-family mortgages (excluding streamline refinances) held at last quarter’s level of 9.4 percent, which is 1.4 percent higher than this period a year ago. The report attributed the elevated level to two factors. The first is the persistency of loans in 90-day delinquency as lenders try ...

CitiMortgage this week paid in excess of $122.8 million to the FHA Mutual Mortgage Insurance Fund as part of its agreement with the Department of Housing and Urban Development and the Department of Justice to settle alleged violations of the False Claims Act. The payment to the FHA insurance fund is part of the $158.3 million settlement, which CitiMortgage agreed to in order to resolve charges of submitting false certifications to HUD regarding its compliance with FHA’s direct endorsement lender rules and endorsement of poorly underwritten loans for FHA insurance. These violations allegedly occurred between ...

Poor credit history is still the most cited reason for denying a government-backed, purchase-loan application although collateral appears to be gaining traction due to depressed home values and underwater mortgages, data reported by lenders under the Home Mortgage Disclosure Act indicated. The latest HMDA data showed that 25.0 percent of FHA/VA home purchase loan applicants in 2011 were turned down because of credit history issues, perhaps reflecting tighter FHA underwriting and lenders’ credit overlays, which have resulted in average borrower credit scores of 720 and above on new endorsements. Average borrower credit scores for fully underwritten FHA loans, for example, held steady at ... [1 Chart]

New temporary guidelines for approving FHA financing for condominium projects should boost sales of condo units across the country and improve current housing market conditions, according to industry stakeholders. The Department of Housing and Urban Development announced the guideline changes on Sept. 13 after extensive consultations with industry participants. Effective for all condo project approvals and recertifications, the revised guidelines will apply until Aug. 31, 2014, unless extended by the FHA. Stakeholders are confident that the changes, though temporary, will be ...