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Class-Action Lawsuits Against Ocwen and Altisource Dismissed; ‘Puffery’ Not a Violation of Securities Laws

September 8, 2015
Brandon Ivey
The judge presiding over the case ruled that securities law regulates "disclosure of information, not the mismanagement of a company...”
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Bank Holdings of First Liens Highest Since 2009

September 8, 2015
Brandon Ivey
Jumbo originations have increased sharply since 2008 but only about 5 percent of the loans have been included in jumbo MBS, which means the product is residing in bank portfolios...
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Around the Industry

September 4, 2015
Another Cut in FHA Premiums Coming This Winter? Will the FHA take the bold step of cutting annual mortgage insurance premiums this winter? It’s an intriguing question posed by Capital Alpha Partners. The research firm, in a new report, quotes what it calls a “reliable FHA bull” who “presciently foresaw” the last premium cut. Alpha cautions that its source on the matter is not betting on such a move, but raises the possibility “that the tumblers could fall into place once again.” One possible catalyst for an MIP cut would be poor results from a forthcoming Home Mortgage Disclosure Act report that shows FHA as well as Fannie Mae and Freddie Mac are not serving low-income borrowers very well. In January 2015, FHA implemented a half-percent reduction in annual mortgage insurance premiums. At the time, the Department of Housing and Urban Development predicted that 250,000 new homeowners would ...
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VA Issues Clarifying Guidance for Repurchase, Mobile-Home Loans

September 4, 2015
The VA Home Loan Guaranty Program has issued guidance to clarify the notification requirement applicable to all holders of VA repurchase and mobile-home mortgage loans. Under existing regulation, holders of VA repurchase and mobile-home loans are required to report to the Department of Veterans Affairs any event that leads to the full payment of a VA-backed loan. The guidance requires all holders to report the status of all VA repurchase and mobile-home mortgages upon full satisfaction of the loan. All notifications must be sent directly to the chief of contract assurance at nashpm.vbaco@va.gov. For further questions, contact Ronnie Lamb at ...
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FHA Crafting New Standards for Insuring Loans with PACE Liens

September 4, 2015
The FHA is developing standards that would allow FHA financing on homes with existing Property Assessed Clean Energy liens going forward. Specifically, the guidance would require subordination of PACE financing to first-lien FHA mortgages. The FHA is also working on a monitoring mechanism to track the number of PACE loans with FHA insurance in the future, said a HUD spokesman. Mortgage market analysts say FHA’s action could lead to broader adoption of the PACE program for FHA-insured single-family homes. The Mortgage Bankers Association, in a statement, applauded the move. “This modification should allow some homeowners to install energy improvements in their home but not impede the rights of the first lien, something the original PACE program failed to consider,” said David Stevens, MBA president and CEO. PACE programs allow local governments to raise bond-funded financing to ...
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USDA Raises Upfront Fee for Single-Family Guaranteed Loans

September 4, 2015
The U.S. Department of Agriculture’s Single Family Housing Guaranteed Loan Program has tweaked its guaranteed underwriting system (GUS) to support an increase in the upfront loan guarantee fee. Effective Oct. 1, 2015, the upfront guarantee fee for USDA purchase and refinance loans will be raised to 2.75 percent from 2.00 percent. The annual fee will remain at 0.50 percent for purchase and refi loans. The increase helps cover the cost of operating the program, which requires no congressional subsidy to offset credit costs, the agency said. The fee hike, however, is raising concerns among rural housing lenders. An increase to 2.75 percent could add more than $4,000 to a $150,000 mortgage with a USDA guarantee and increase monthly payments. “A $5 increase in monthly mortgage payments may not sound like much but it could make a difference in qualifying a ...
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FHA Announces Interim Procedures After Finding HECM Tech Problems

September 4, 2015
The FHA has discovered glitches in FHA Connection and in the Home Equity Conversion Mortgage calculation software, which are creating problems for HECM lenders. A bad field edit in FHA Connection is preventing mortgagees from completing their on-screen financial assessment update on HECMs with negative residual income. This hinders submission of reverse-mortgage transactions to FHA for insurance. The FHA has issued temporary procedures that include instructions on submitting a request for a waiver of penalties for late payment of mortgage insurance premiums on closed loans. The agency was also alerted to a second technical problem following the release of the HECM Calculator, Version 2.2. The software incorrectly defaults, in some cases, to the 2.5 mortgage insurance premium rate when a value is entered in the Cash from Borrower and Cash from Lender fields. The FHA is also issuing ...
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FHA Unveils Reporting Process for Post-Endorsement Loan Reviews

September 4, 2015
The FHA has announced a new format for reporting results of quarterly post-endorsement technical reviews of single-family loans. Previously, the loan-level findings were grouped into five broad categories: file documentation, credit/underwriting, operation deficiencies, program eligibility and collateral/asset valuation. The top five reasons for an “unacceptable” rating were provided for each category. Loans were rated as “conforming,” “deficient,” or “unacceptable,” with the last two ratings based on the magnitude of the underwriting error. With the new format, the focus will be on the most prevalent unacceptable findings, regardless of category. The period upon which the reporting is based is also different, according to FHA.Instead of reporting the review findings on a loan sample in the most recent quarter, FHA will now wait for one quarter to pass before reporting on the sample. Emphasizing the frequency of ...
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Condo Projects Could Lose VA, FHA Business Due to Lapsed Approvals

September 4, 2015
Many condominium projects in California are losing FHA and VA business because their agency approvals have lapsed or are about to expire, according to lenders. In Orange County alone, about 57 percent of condo developments have FHA or VA approvals that are near expiration, said Jon Shrum, vice president of Commerce Home Mortgage in Huntington Beach, CA. It is unclear how many developments have expired approvals but the number could be significant, Shrum said. Condos accounted for 2.9 percent of total FHA endorsements as of June 30, 2015, and that share has remained flat over the first six months of 2015 and on a year-over-year basis, according to FHA data. “We’re seeing a lot of condo complexes whose approvals are expiring, and they are not even aware of it,” he said. “As an FHA and VA lender, we try to reach out to the condo homeowners associations (HOA) to make sure they retain or renew their ...
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FHA’s Claim-Filing Proposal Could Adversely Affect Lending, Servicing

September 4, 2015
An FHA proposal to establish a deadline for filing insurance claims and revise existing policies that allow punitive penalties for missing FHA foreclosure deadlines could have a chilling effect on FHA lending and servicing, analysts warned. Housing policy analysts and industry attorneys say the two-part proposal issued on July 6 raises red flags for both borrowers and servicers and could potentially cause lenders to leave the FHA single-family mortgage insurance program. The Urban Institute describes the proposed rule as “a mixed bag, but on balance far more negative than positive.” “It represents a modest improvement to very harsh rules for missing established deadlines but imposes an unrealistic timeline for filing FHA insurance claims and an overly punitive penalty for missing that timeline,” the group said. Attorneys at K&L Gates in Washington, DC, are more ominous in their assessment of the ...
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