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MBA Urges DOJ, HUD to Suspend Future FCA Enforcement Actions

June 26, 2017
George Brooks
FCA enforcement actions can result in significant damage to a lender’s reputation and bottom line, warns MBA President Dave Stevens.
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Fannie Sentiment Survey: Looser Credit, Fewer Servicing Sales

June 26, 2017
Paul Muolo
The new sentiment survey also found that “slightly more lenders” reported they expect to decrease the share of MSR sold...
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MBA Asks Supreme Court to Rule in Favor of Employment Agreements with Class-Action Waivers

June 26, 2017
Brandon Ivey
The trade groups argued that the interpretation that employees have a right under the NLRA to engage in class or collective litigation is “dubious at best.”
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Short Takes: CFPB Seen as Limited by Election Results; Many Factors Contributing to Looser Underwriting; Outlook on Demand for Agency MBS

June 26, 2017
Brandon Ivey
The Consumer Financial Protection Bureau has largely been “defanged” in the aftermath of 2016 elections, according to analysts at FBR Capital Markets.
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VA Jumbo Securitization Declines, FHA Jumbo Production also Down

June 23, 2017
Wells Fargo fell a notch as PennyMac raced to the top to become the leading VA jumbo securitizer for the first quarter of 2017 – a period in which VA jumbo loan securitization took a sharp nose dive. The volume of VA jumbo loans securitized during the first three months plunged 36.8 percent, compared to the meager 2.0 percent decline seen in the fourth quarter. The drop reflected a 32.9 percent drop in jumbo mortgage production during the first quarter, along with similar large drops in virtually every product segment in the mortgage market, according to an analysis by Inside FHA/VA Lending affiliate Inside Mortgage Finance. The agency jumbo market was down 39.1 percent from the fourth quarter despite the bump up in high-cost loan limits to $636,150, an increase of $10,650 that became effective in January. All components of the agency jumbo market took big hits in the first quarter, including ... [ Charts ]
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MBA Urges DOJ, HUD to Suspend Future FCA Enforcement Actions

June 23, 2017
The Mortgage Bankers Association is calling for a moratorium on future claims against FHA lenders under the False Claims Act to give the Department of Housing and Urban Development sufficient time to streamline its defect taxonomy and revise its loan-level certification requirements. In letters to HUD and the Department of Justice, the MBA said the FHA has yet to issue clear standards identifying specific errors that could trigger an FCA claim and those that do not. FCA enforcement actions can result in very significant damage to a lender’s reputation and bottom line, warned Dave Stevens, MBA president and chief executive officer. Although FHA lenders work hard to ensure compliance with strict underwriting and documentation standards, origination, insurance and servicing depend heavily on human efforts, which could easily result in technical errors, he added. While lenders process ...
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Disparate Impact Tops Groups’ List Of HUD Rules Needing an Overhaul

June 23, 2017
Industry comments on the Department of Housing and Urban Development’s plan to streamline and clarify agency regulations and discard those that have outlived their usefulness reflect mixed priorities.The Mortgage Bankers Association and the American Bankers Association chose to focus on a single issue, while the National Association of Realtors, the Community Home Lenders Association and the Consumer Mortgage Coalition called for changes on multiple issues. A HUD task force is sifting through department regulations to identify those for repeal, replacement, clarification or amendment. The regulatory review is in response to President Trump’s directive to reduce regulatory burden and control regulatory costs. While the MBA called for a freeze on all future False Claims Act enforcement actions against lenders (see story on p. 6), the ABA raised concerns about ...
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VA Explains How Condo Financing Could be Difficult for Vets, Lenders

June 23, 2017
The VA condominium-financing process can be difficult for both veteran borrowers and lenders, according to experts at a recent VA lender conference. The big issue for borrowers is finding a condo development that has VA approval or one that can obtain approval quickly enough to complete the loan process in the shortest time possible. A development that has a high number of foreclosures, a significant number of condo owners that are behind on their association dues, or pending litigation against the homeowner association is unlikely to win VA approval, experts said. Such factors could put the VA and the lender at risk. As such, securing VA approval for a development is crucial. In 2009, VA stopped accepting HUD/FHA condo project approvals in lieu of a VA project review, said Phyllis Chilton, valuation officer at VA’s Phoenix regional loan center. Condo projects that were accepted previously by ...
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FHA Discusses Challenges when Using Agency’s New EAD Portal

June 23, 2017
The FHA has issued guidance to lenders and appraisers regarding problems that have arisen since the agency announced its Electronic Appraisal Delivery (EAD) portal in 2015. Effective June 27, FHA will require appraisals for new FHA originations to be submitted through the EAD. The portal’s use has been voluntary. Users without a valid user ID for accessing the EAD portal will be locked out of the system after the effective date, the FHA warned. Users that have not signed on the FHA Connection will lose their user ID. Only their organization’s FHAC application coordinator can reinstate them and restore access to the portal. “Hard stop” messages, which are built into the EAD portal, indicate data errors that must be resolved before the appraisal can be successfully transmitted to FHA. This helps avoid potential data conflicts between the portal and FHA. The FHA has identified five hard-stop errors ...
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VA Blames Flawed Uploading Procedures for Servicing Glitch

June 23, 2017
VA troubleshooters have identified the technical glitch that has prevented servicers from uploading current servicing data to the agency’s VALERI system. According to a VA spokesperson, the problem was caused by faulty uploading procedures, not by malware within the documents as earlier feared. “Dridex was originally suspected because we became aware of it at the same time the uploading problem occurred,” he explained. “Our warning to servicers was an emphasis on the side of caution.” The Dridex malware, which can go undetected, targets customers of financial institutions by stealing their personal information through HTML injections. The VA Loan Electronic Reporting Interface (VALERI) is a loan administration system that servicers use to oversee loan servicing, monitor loan defaults, and accept and pay claims and incentives. Servicers experiencing problems with uploading servicing data should immediately ...
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