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HUD Eases FHA Outsourcing Rules, Clarifies Lenders’ Responsibilities

December 2, 2016
The Department of Housing and Urban Development has clarified requirements for FHA lenders before they can hire professional employer organizations to handle their human-resource (HR) functions. Generally, the HUD Single-Family Policy Handbook bars FHA lenders from outsourcing HR services such as payroll processing, payment of employment taxes, and/or the provision of employee benefits. However, HUD has decided to ease the rules in new guidance issued on Nov. 28. Based on an analysis of certain policies and potential risks, HUD now allows lenders to outsource their HR services if they retain full responsibility and legal liability for the actions of covered employees with respect to HUD regulations and requirements, particularly in the areas of compensation and use of contractors. Specifically, the lender must not compensate employees who perform underwriting, quality control, or ...
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HUD Fears Cycle of Restatements As IG Withholds Opinion Again

December 2, 2016
The Department of Housing and Urban Development has expressed concern about the inspector general’s decision to withhold its opinion on the results of FY 2016 audits of HUD and Ginnie Mae. In its audit report, the HUD inspector general said it has issued a disclaimer of opinion on HUD’s fiscal years 2016 and 2015 (restated) consolidated financial statements because of the agency’s failure to deliver both statements and their accompanying notes in a timely manner. In addition, there were several unresolved audit matters from past audits that prevented the IG from completing an examination of HUD’s and Ginnie Mae’s accounts and rendering an opinion. These unresolved matters related to a number of things, including the Office of General Counsel’s refusal to sign a management representation letter, HUD’s improper use of budgetary accounting methods, and the $4.2 billion in ...
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Around the Industry

December 2, 2016
US Court Issues Injunction on DOL’s Overtime Pay Rule. A federal judge in Texas granted states’ motion to block the Department of Labor’s controversial overtime pay rule set to take effect on Dec. 1, 2016. In late breaking news, the Department of Justice said it will appeal the injunction. The decision handed down by Judge Amos Mazzant of the US District Court for the Eastern District of Texas would deprive approximately 4.2 million workers who stand to benefit from the rule. Twenty-one states, a coalition of business organizations and the Plano Chamber of Commerce challenged the rule in separate amici briefs, arguing they stand to lose money if the final rule takes effect. The final rule would require employers to pay a higher salary level for certain employees to be exempt from overtime. In addition, it would automatically update the minimum salary level every three years. In his decision, Mazzant determined that ...
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FHFA Increases Conforming Loan Limit Slightly For GSE Loans, Actual Impact is Debatable

December 1, 2016
The Federal Housing Finance Agency raised the maximum conforming loan limit for Fannie Mae and Freddie Mac mortgages in 2017 for the first time in a decade, but the impact on loan originations is questionable. Meanwhile, the FHA has not yet announced its 2017 loan limits. The baseline loan limit will go up for the first time since 2006, rising from $417,000 to $424,100. And the maximum high-cost loan limit for one-unit properties is climbing to $636,150, an increase of $10,650. The FHFA said that loan limits for the two government-sponsored enterprises will increase in all but 87 counties. An Inside Mortgage Finance analysis of Home Mortgage Disclosure Act data indicates...
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Since the Election, Rates Have Risen 75 Basis Points But Lenders Aren’t Panicking, At Least Not Yet

December 1, 2016
Since the November election, mortgage rates have spiked roughly 75 basis points, promising to snuff out the refinancing market and possibly leading to a spate of industry layoffs. But so far, it appears that many firms are keeping their cost-cutting powder dry. “Application volume has been pretty much the same,” said Paul Rozo, CEO of nonbank originator Paramount Residential Mortgage Group, Corona, CA. “I think it’s too early in the game to be thinking about layoffs.” Marc Savitt, a principal in The Mortgage Center, a small West Virginia-based brokerage firm, said...
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Mortgage Industry Parses Tea Leaves As Trump Begins Assembling Cabinet

December 1, 2016
The incoming administration of President-elect Donald Trump is likely a couple of months away from formal confirmation by the U.S. Senate of new cabinet officials. But at least one position has apparently been settled – that of Treasury secretary – and other names have been circulated, including that of a possible head of the Department of Housing and Urban Development. At the same time, Trump has begun fleshing out the personnel that will serve on various “landing teams,” which help ease the transitions at various federal agencies. On the cabinet level, the new president has decided...
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Overtime Pay Injunction Leaves Lenders, Other Employers In Limbo as DOL Ponders Its Response to the Court Order

December 1, 2016
Mortgage lenders and other employers that have made or are preparing to implement changes to comply with the Department of Labor’s revised overtime pay regulations may have to reevaluate whether to hold off or go forward with those plans, according to wage and overtime experts. On Nov. 22, Judge Amos Mazzant of the Eastern District of Texas granted a request by several states to block the new overtime pay rules that would have gone into effect on Dec. 1. The judge issued a preliminary injunction after determining that the DOL did not have the authority to decide whether workers should be paid overtime based on their salary level alone. Mazzant agreed...
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Refis Fueled 3Q16 Originations, but Purchase Business Remained Robust

December 1, 2016
John Bancroft
One notable change in the market over the past three years has been the gradual increase in cash-out refi lending.
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Moody’s Issues Caution on ‘Bank Statement’ Mortgages

December 1, 2016
Brandon Ivey
More lenders are making “bank statement” loans these days, including both banks and nondepositories…
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GSE Common Once Deemed Worthless, Now Has a ‘Market Cap’ of $43.15 Billion

December 1, 2016
Paul Muolo
Based on current trading values, Fannie common now has a market capitalization rate (share price multiplied by number of shares) of $28.01 billion. Freddie common is valued at $15.14 billion.
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