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No FHA Loan for Borrower with Unpaid Tax Debt

April 5, 2013
With the deadline for filing individual income tax returns just around the corner, the FHA has reminded lenders of its rules regarding the eligibility of a borrower who has a delinquent federal tax debt or lien. According to the FHA, an individual with an overdue federal tax debt or tax lien is not eligible for an FHA-insured mortgage loan until the delinquent account is either brought current, fully paid or is resolved by a satisfactory repayment plan agreed to by the borrower and the federal agency owed. Tax liens may remain unpaid as long as the lien holders subordinate the tax lien to the ...
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FHA Allows Retirement Funds in DTI Calculation

April 5, 2013
The FHA may allow a borrower’s 401(k) retirement fund to be included in the calculation of debt-to-income (DTI) ratio, according to the agency. Normally, up to 60 percent of the fund’s value may be included in the DTI ratio, the agency said. Fund assets, such as Individual Retirement Accounts, thrift savings plans, 401(k) retirement plan and Keogh Accounts, may be counted in the underwriting, it added. The rule remains applicable unless the borrower presents proof that a higher percentage may be withdrawn after subtracting any federal income tax and withdrawal penalties. In such cases, the lender would ...
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HUD to Test Integrating Counseling into Lending

April 5, 2013
The Department of Housing and Urban Development is planning to make housing counseling an integral part of FHA lending and will soon begin testing the process. HUD’s newly created Office of Housing Counseling (OHC) is working with the FHA to develop a pilot program to embed housing counseling in FHA lending to ensure that borrowers are better prepared for homeownership, said HUD Secretary Shaun Donovan. “Whether it’s buying or renting, improving financial literacy, protecting families’ rights against discrimination or even preventing homelessness, housing counselors play a critical role in helping families make ...
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Section 184 Program Spared from Sequester Cuts

April 5, 2013
Funding for a federal program providing guarantees to mortgage loans to Native Americans and other indigenous peoples has been spared from mandatory budget cuts under a temporary budget measure signed into law by President Obama last month. The Department of Housing and Urban Development has resumed accepting new loan applications under the Section 184 Indian Home Loan Guarantee Program. The mortgage product is for American Indian and Alaska Native families, Alaskan tribal members and tribally designated housing entities. Congress established the program in 1992 to ...
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MIs in Captive Re Mess, Agree to Pay Penalties

April 5, 2013
Four private mortgage insurance companies this week agreed to pay $15.4 million in penalties to resolve government charges that they improperly paid kickbacks to mortgage lenders for business referrals in violation of the Real Estate Settlement Procedures Act. The Consumer Financial Protection Bureau filed complaints and proposed consent orders against Genworth Mortgage Insurance Corp., Radian Guaranty, Inc., Mortgage Guaranty Insurance Corp. and United Guaranty Corp. for the alleged illegal business practices that contributed to the financial crisis. The CFPB said the MI companies engaged in illegal ...
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USDA Disputes Report it Backs ‘Millionaire’ Loans

April 5, 2013
The U.S. Department of Agriculture’s rural housing program finances only modest homes for low- to moderate-income borrowers, not properties for millionaires as alleged in a news account published by Reuters, according to the program’s top executive. “USDA continues to operate its housing programs under the law and in accordance with the will of Congress,” said Tammye Trevino, administrator of the USDA Rural Housing Programs. Trevino disputed the Reuters report, which claimed that the USDA had guaranteed loans to “dozens of millionaires” by backing at least 500 loans of $500,000 or more, including more than ...
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Around the Industry

April 5, 2013
Consumer complaints about mortgage foreclosure relief and debt management services providers were fewer in 2012 than in 2011, according to the Federal Trade Commission. In the FTC’s annual report listing the top consumer complaints for the past year, mortgage foreclosure relief and debt management dropped to #15 (33,791 complaints) in 2012 from #13 (38,140 complaints) in 2011. For the 13th year in a row, identity theft complaints topped the list, representing 18 percent of all consumer complaints. Complaints about real-estate fraud remained at #25, although fewer consumers complained about it last year (8,468) compared to ...
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MBA’s Stevens Happy with Push for Looser Underwriting

April 4, 2013
Brandon Ivey
The head of the Mortgage Bankers Association is pleased with the Obama administration's efforts to boost lending to borrowers with weaker credit.
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Short Takes: CoreLogic: Year-Over-Year Home Prices Seven-Year High / CFPB Incurs Nearly $300 Million in Obligations / Should the GSEs Support the National Housing Trust Fund? / SEC Allows Public Companies onto Social Media

April 4, 2013
Brandon Ivey, Thomas Ressler, and Charles Wisniowski
Home prices nationwide jumped in February by the largest margin in seven years, said CoreLogic while the SEC has decided to allow public companies to Twitter and Facebook.
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State Regulators Ask CFPB to Show Flexibility in Defining ‘Rural’ Markets for QM

April 3, 2013
Thomas Ressler
The Conference of State Bank Supervisors is calling upon the Consumer Financial Protection Bureau to adopt a petition process to define “rural” counties as the bureau prepares to implement balloon “qualified mortgage” and escrow requirements for rural lenders.
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