More than one in five loans originated today would not satisfy the criteria for the qualified mortgage “safe harbor” legal protections under the ability-to-repay rule promulgated in January by the CFPB, according to an analysis by ComplianceEase, a provider of risk management solutions to the financial services industry. The company’s analysis also found that more than half of such loans – or at least 10 percent of recently originated mortgages – have fees that exceed the new 3 percent points-and-fees threshold. Further, “Loans...

Subject matter attorneys from the CFPB participated in a webinar sponsored by the Mortgage Bankers Association last week on the bureau’s mortgage origination rules to try to give industry representatives some detailed responses to a number of frequently asked questions the agency has received in recent months. “One of our key priorities has been to bring increased clarity, certainty and burden relief wherever possible and appropriate to address critical questions that we heard from industry,” said Lisa Applegate, the...

As the mortgage lending industry continues to brace for qualified mortgage lending versus non-QM lending, and with the new qualified residential mortgage standard about to be put into play, it’s important lenders remember they don’t have to originate QM or QRM loans. “There is no legal requirement under [Dodd-Frank] to make QM or QRM loans,” Laurence Platt, a partner with the K&L Gates law firm in Washington, DC, told participants during a recent webinar sponsored by Inside Mortgage Finance, an affiliated newsletter...

The strength of the non-agency jumbo market is a major factor in efforts to reduce the government-sponsored enterprises’ market share, according to a former advisor for the Obama administration. “If the GSEs pull back too quickly, it will change the whole discussion,” said Jim Parrott, owner of Falling Creek Advisors and a senior advisor at the National Economic Council until earlier this year. “The political feedback will be very quick and ruthless. It would make GSE reform extremely difficult.” ...

FHA automation, delegated underwriting and lenders’ willingness to assume the liability risk for quality control allowed FHA lending to proceed with little disruption during the 16-day government shutdown that ended this week. Lenders said they expected no disruption in the origination or closing of FHA loans provided the shutdown did not drag on for an extended period. Individual FHA borrowers with loans in process that required specific actions by FHA staff experienced some delay. Lenders, like Wells Fargo, worked with those customers on a case-by-case basis to ...

SunTrust Banks has agreed in principle with the Department of Housing and Urban Development and the Department of Justice to settle certain FHA-related claims. Separately, a federal judge in Texas refused to dismiss a government suit against two FHA lenders accused of manipulating HUD into insuring poorly underwritten loans which later resulted in massive losses to the agency. Announced on Oct. 10, SunTrust’s agreement with the government agencies is part of a broader resolution of certain legacy matters and repurchase agreements with Fannie Mae and Freddie Mac. SunTrust has agreed to settle certain ...

The Department of Housing and Urban Development’s proposed “qualified mortgage” rule attaches certain conditions to QM treatment that may complicate matters for participating lenders, said attorneys with K&L Gates in Washington, DC. On Sept. 30, the Department of Housing and Urban Development published its own proposed QM rule for FHA loans. The CFPB rule takes effect on Jan. 14, 2014, and will apply to FHA loans until HUD issues a final rule. Under the CFPB rule, many FHA loans would not qualify for the rule’s safe harbor because the higher mortgage insurance premiums would make them “higher priced mortgage loans.” Thus, in order to ...

The U.S. Court of Appeals for the First Circuit has affirmed a district court’s dismissal of a putative class action alleging that a lender improperly required FHA borrowers to buy and maintain higher flood insurance coverage than that indicated in their mortgage contracts. According to an analysis by the Washington law firm BuckleySandler, the ruling from an equally divided en banc court allows mortgage lenders to require borrowers to maintain flood insurance equal to the replacement value of their homes. In Kolbe v. BAC Home Loans Servicing, LP, No. 11-2030, 2013 WL 5394192 (1st Cir. Sept. 27, 2013), plaintiff Stanley Kolbe contends ...

Two surviving spouses of deceased reverse mortgage borrowers won their case against the Department of Housing and Urban Development after a U.S. court found HUD in violation of federal law for failing to protect the spouses from foreclosure. The court’s decision marks a turning point for surviving spouses, such as Robert Bennett of Annapolis, MD, and Leila Joseph of Brooklyn, NY, and ensures that they will be protected against eviction and foreclosure, despite the loss of their husband or wife, said Jean Constantine-Davis, a senior attorney with the AARP Foundation Litigation. In March 2011, the AARP and the law firm of Mehri & Skalet of Washington, DC, filed ...

FHA loan originations declined by 10.5 percent in August from July, following a downward trend that seems to suggest that private mortgage insurance companies are gaining the upper hand against their biggest government-backed competitor. Volume dropped to $16.8 billion in August from $18.8 billion in July, and from $22.1 billion a year ago, according to Inside FHA Lending’s analysis of FHA data. Purchase-mortgage originations comprised 68.7 percent of FHA business for the month as rising interest rates slowed refinancing activity. Despite the increase in purchase lending, FHA lenders noted it was ... [1 chart]