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A Look at HUD’s Convoluted Rulemaking

March 2, 2012
The federal rulemaking process can be confusing at times. Currently, the Department of Housing and Urban Development sets the area-based mortgage loan limits annually and allows local interested parties and housing industry groups to appeal for increases in the FHA’s maximum mortgage limits for specific counties or metropolitan statistical areas. Any interested party may submit a request for an increase in the mortgage limits of a particular area if the party believes that the present limit does not accurately reflect the higher home sales prices in that area. Requests must be adequately supported by ...
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HECM 2011 Volume FHA Monthly Output Down

March 2, 2012
The volume of Home Equity Conversion Mortgage loans continued to drop both on quarterly and yearly bases while the overall FHA market ended January 2012 on a weaker note compared to the same month last year. HECM production fell 11.0 percent in 2011 from the previous year to $16.9 billion and off 20.6 percent from the third to the fourth quarter. Sponsors as a share of lender originations accounted for 40.7 percent of new HECM loans originated over the 12-month period. Initial principal amount at origination totaled $10.9 billion. Wells Fargo Bank ended the year as ... (with 2 charts)
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HUD Announces Annual, Upfront Premium Hikes To Boost FHA Reserves, Reduce Agency Footprint

March 1, 2012
The Department of Housing and Urban Development this week announced FHA insurance premium increases that will add an estimated $1 billion to the agency’s Mutual Mortgage Insurance Fund, which may be enough – along with hefty penalties on lenders – to stave off a government bailout. The annual and upfront premium increases for all forward mortgages are part of an effort to bolster the FHA’s capital reserves for unexpected losses and ease Congress’ fear of a taxpayer bailout of the FHA. The Obama administration’s proposed fiscal 2013 budget suggested that the MMI Fund could need a $668 million infusion this...
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Repurchase Dispute Prompts BofA and Fannie Mae To Break Off Delivery Contract, Stop New Business

March 1, 2012
Bank of America had already been dialing back its mortgage deliveries to Fannie Mae, along with declining overall production volume, before the company unexpectedly announced last week it has stopped sales to the government-sponsored enterprise altogether. But according to reports, a top Fannie official said the GSE acted first to end the relationship in frustrations with the bank’s delays in resolving repurchase issues. BofA said disputes over repurchases were one factor leading the bank to stop selling most single-family mortgages to Fannie, although the company also cited an inability to renegotiate...
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Countrywide Subject to Extensive GSE Buyback Demands, But Other Lenders Repurchased More Than Their Shares

March 1, 2012
Fannie Mae and Freddie Mac buyback demands on Countrywide mortgages were more than double the amount sought on any other lender, but the key reason is that Countrywide securitized a lot more loans than anyone else from 2006 through 2008. A new Inside Mortgage Finance analysis of representation and warranties disclosures made by the two government-sponsored enterprises shows that some $16.22 billion of Countrywide mortgages were subject to buyback demands, both before and after the company was acquired by Bank of America in 2008. In a distant second place was Wells Fargo...(Includes one data chart)
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HUD Agrees to Ease Flagstar’s Settlement Pains with Flexible, Drawn-Out Payment Plan

March 1, 2012
The Department of Housing and Urban Development and Flagstar Bank have agreed on a structured payment scheme to ease the financial impact of a $133 million settlement of a lawsuit alleging fraudulent mortgage lending practices and improper approval of FHA home loans. The settlement occurred on the same day the civil fraud lawsuit was filed under the False Claims Act by the U.S. Attorney for the Southern District of New York. The suit alleged that Flagstar, the ninth largest lender in 2011, issued false certifications that the loans met all FHA requirements for insurance even though the due diligence...
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Mortgage Lenders Continue to Lose Business to Cash Transactions in 2012, HousingPulse Data Show

March 1, 2012
Despite historically low mortgage rates, tough underwriting standards and mortgage hassles are continuing to drive homebuyers towards all cash transactions in 2012. According to new numbers released this week from the Campbell/Inside Mortgage Finance HousingPulse Tracking Survey, cash transactions accounted for a record-high 34.1 percent of home purchases tracked in January. That was up from 29.4 percent a year ago and just 22.8 percent in January of 2010, based on a three-month moving average. Importantly, the large share of home purchases funded with cash instead of mortgages highlights a serious problem...
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Officials: HARP 2.0 Sees ‘Very Positive Response’ So Far; FHFA Stands Fast on its Principal Reduction Stance

March 1, 2012
There was agreement this week during a hearing of the Senate Banking, Housing and Urban Affairs Committee that recent efforts to expand the government’s refinance program are slowly having the desired effect, but the direction of refi policy to come remains an open dispute among officials. Department of Housing and Urban Development Secretary Shaun Donovan said the Obama administration is “encouraged thus far” by the 50,000 homeowners who have already refinanced their mortgages under HARP 2.0, the revamped Home Affordable Refinance Program. “These changes have met with a very positive response from homeowners....
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Bank of America Back in Crosshairs as HUD Alleges Discrimination Against Homeowners With Disabilities

March 1, 2012
Bank of America is challenging new federal charges that it discriminated against loan applicants with disabilities, arguing that it applied conservative FHA underwriting standards in three cases covered by a lawsuit brought by the Department of Housing and Urban Development. HUD accused BofA of imposing unnecessary and burdensome requirements on borrowers who depended on disability income to qualify for their mortgages. The bank also allegedly required some disabled borrowers to provide physician statements to qualify for their mortgage financing. The charges are based on a HUD-initiated...
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FHFA ‘Strategic Plan’ Would Develop a Single Securitization Platform from Fannie, Freddie

February 24, 2012
The Federal Housing Finance Agency wants to use parts of the existing MBS programs at Fannie Mae and Freddie Mac to build a new mortgage securitization platform that could be used by a variety of issuers under a new plan to wind down the government-sponsored enterprises. The FHFA this week submitted to Congress a strategic plan to “update and extend the goals and directions” of the GSEs, which have been under government conservatorship since September 2008 with “no near-term resolution in sight.” Many of the initiatives are already underway. “This plan envisions actions by the enterprises that will...
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