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Agencies on Limited Loan Guaranty Authority

October 4, 2013
The FHA was still able to endorse single-family mortgage loans during the first week of the partial government shutdown, although no FHA staff were available to underwrite and approve loans. A significant delay in the processing of new FHA insurance applications might have occurred this week because only 64 employees are still at work in HUD’s Office of Housing, which includes the FHA. HUD said it might need more essential employees per day, on an intermittent basis, to perform key activities. The department expects these calls for reinforcement to ...
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IG Urges HUD to Tighten Oversight of PRCs

October 4, 2013
The Inspector General of the Department of Housing and Urban Development urged HUD to strengthen its oversight of prohibited restrictive covenants (PRC) in FHA-insured mortgages and to stop the illegal practice. It is difficult to gauge just how serious is the problem nationwide because HUD did not specifically look for prohibited restrictive covenants during loan reviews and did not track such violations, said Tanya Schultze, HUD regional inspector general for audit for the Los Angeles region. However, audits by Schultze’s team did uncover six FHA lenders that allowed ...
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HUD’s Disciplinary Arm Nets $1.9M in Penalties

October 4, 2013
The Department of Housing and Urban Development’s Mortgagee Review Board has collected $1.9 million from Oct. 1, 2012, through June 30, 2013, from actions taken against FHA lenders. The MRB actions involved 30 lenders, of whom 15 agreed to settle and seven agreed to indemnify HUD for its losses, according to the board’s latest data. The indemnification agreement covered 166 FHA-insured loans, and 11 lenders lost their authority to participate in the FHA single-family mortgage program. Cases heard by the MRB involved infractions, such as failure to implement and maintain a quality control plan and to review early payment default loans, which resulted in ...
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FHA Updates Loss Mit Policies to Reduce Claims

October 4, 2013
The FHA has clarified the meaning of “continuous income” and announced other updates to its loss mitigation home-retention options to help distressed borrowers retain their homes and, thus, reduce the number of claims against the Mutual Mortgage Insurance Fund. FHA lenders are required to implement the updated policies in Mortgagee Letter 2013-32 by Dec. 1, 2013. “Continuous income” is one of the criteria a defaulting borrower must meet in order to qualify for a loan modification. While it generally refers to employment income (e.g., wages, salary or self-employed earnings), it may also include ...
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Wells Fargo Fails to Get Rid of FHA Lawsuit

October 4, 2013
Wells Fargo claimed partial victory after a Manhattan federal district court judge dismissed certain claims against it in a government lawsuit alleging the bank lied about the quality of defaulted mortgages insured by the FHA. District Court Judge Jesse Furman ruled that legal injury claims based on events that happened prior to June 2009 were time-barred and that the government had waited too long to file a lawsuit. He also threw out claims of negligence and unjust enrichment. On the other hand, Furman let stand claims under the Financial Institutions Reform, Recovery and Enforcement Act of 1989, which the ...
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Around the Industry

October 4, 2013
HUD Delays Implementation of Short-Sale Participation Requirement. The implementation of the PFS Participation Requirement, which is found in Mortgagee Letter 2013-23, Updated Pre-Foreclosure Sale and Deed-in-Lieu-of-Foreclosure Requirements, has been delayed indefinitely. All other provisions included in the mortgagee letter remain in effect. Previous guidance on short-sale participation requirements also remain in effect until further notice. FHA to Consolidate Lender ID Numbers. The FHA will consolidate the lender identification numbers of those participating in both the FHA Title I and Title II programs, provided ...
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Non-Agency Jumbo MBS Issuance Slowed in Third Quarter

October 3, 2013
Brandon Ivey
Redwood Trust and Credit Suisse, the jumbo MBS sector’s two biggest players, slowed their securities issuance during the third quarter.
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MBA Says Government Shutdown Will Harm Rate Locks, FHA, More

October 3, 2013
Charles Wisniowski
The Mortgage Bankers Association and other industry trade groups fear that the shutdown will have a growing impact on the housing market, including FHA endorsements.
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Moody’s: More Than Half of BofA’s Foreclosure Referrals Are On Hold

October 3, 2013
Paul Muolo
Moody's, in a new report, notes that Bank of America outsources roughly 25 percent of its “early stage” collection efforts to vendors.
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GSEs Grant Limited Reprieve From Repurchases Due to QM

October 3, 2013
Thomas Ressler
However, if Fannie Mae determines through established delivery or quality-control review processes that any loan has ineligible term or amortization provisions, it will be subject to repurchase.
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