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GAO: Ineligible Tax Dodgers Got FHA Loans

July 6, 2012
Thousands of ineligible tax cheats received FHA-insured mortgage loans under the American Recovery and Reinvestment Act of 2009 even though federal tax regulations prohibited tax debtors from obtaining government-backed mortgages, the Government Accountability Office reported in a new study. The report found that 6,327 borrowers, who owed a total of $77.6 million in federal taxes, were able to obtain more than $1.44 billion in FHA-insured mortgages under the ARRA. Of these borrowers, 3,815 individuals claimed and received $27.4 million under the statute’s temporary First-Time Homebuyer Credit program. The GAO’s analysis included ...
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Overlays Stunting Growth of FHA Streamline Refis

July 6, 2012
Some FHA borrowers are still having difficulty obtaining lower-cost streamline refinancing even though the FHA has said it will accept streamline loans with “no credit check, income verification or appraisal.” Borrowers said they are still encountering credit checks, income verification and other obstacles, which indicate that lenders are disregarding FHA instructions regarding the enhanced streamline refi program. Even though FHA guidelines are in place, lenders are adding their credit overlays to the detriment of FHA borrowers seeking to ...
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CFPB to Tighten Mandatory HECM Disclosures

July 6, 2012
The Consumer Financial Protection Bureau expects to undertake a project to refine and integrate disclosure requirements under the Truth in Lending Act and the Real Estate Settlement Procedures Act for reverse mortgages to improve consumers’ understanding of the product. The In a recent 231-page study submitted to Congress, the CFPB said consumers are still confused about how reverse mortgages work, despite the required disclosures and industry efforts to educate the public on this type of equity-based lending. The rising-balance and falling-equity nature of reverse mortgages is particularly ....
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BofA, Flagstar Pay Settlements, OIG Reports

July 6, 2012
The Department of Housing and Urban Development said it has received $1.2 billion in recent settlements with large mortgage lenders and servicers but HUD’s internal watchdog, which did much of the legwork in the investigations, reveals a much smaller amount. According to recent audit reports published by HUD’s Office of the Inspector General, only Bank of America and Flagstar Bank have made payments under settlement agreements with HUD and the Department of Justice to resolve government claims. In separate memos to HUD’s Office of General Counsel last month, Kim Randall, director of the HUD OIG Civil Fraud Division, sought clearance to ...
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Lenders Lose FHA Approval, OIG Pursues Others

July 6, 2012
Two lenders lost their approval to underwrite and originate FHA loans under Credit Watch while two others may be ordered to indemnify the Department of Housing and Urban Development for potential losses on several ineligible FHA-insured loans. HUD recently stripped Community Central Mortgage Co. of Mount Clemens, MI, and Strategic Mortgage Co. of Columbus, OH, of their direct endorsement approval because of the exceedingly high default and claim rates of FHA-insured loans they originated in their business areas. The Credit Watch Termination Initiative allows HUD to terminate a direct endorsement agreement with any FHA lender if ...
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FHA Volume Up as Wells Sees Output Dip in May

July 6, 2012
Endorsements fell in May at the two top FHA shops in the country even as the market’s total production of loans with FHA insurance increased both on a monthly and year-over-year basis, according to Inside FHA Lending’s analysis of FHA data. Wells Fargo, the country’s largest FHA lender, saw its May volume fall 14.6 percent to $1.94 billion from April while second-ranked Quicken Loans saw production fall even farther by 22.5 percent to $1.16 billion over the same period. Year over year, Wells Fargo’s FHA volume fell 5.9 percent in May while for Quicken Loans, the story was different ... (1 chart)
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How Much Traction Will Small Lender Arguments Have with CFPB on Points and Fees Rulemaking?

July 5, 2012
The Consumer Financial Protection Bureau is proceeding with its effort to develop a rule to limit the upfront points and fees mortgage originators could collect from borrowers – an initiative it began by assembling a small business regulatory review panel to consider the bureau’s initial direction. But one panel participant isn’t confident that their views are going to make much headway with an agency that may already have its mind made up. The CFPB is considering a handful of related proposals, one of which would require an interest-rate reduction when consumers elect to pay discount points. Specifically...
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Home-Equity Market Still in Doldrums Despite Small Climb in Bank Unfunded Commitments

June 28, 2012
Tentative signs of stability in home prices in early 2012 have yet to spur a rebound in home-equity lending, as the outstanding balance of second mortgages fell to its lowest level in seven years. According to the Federal Reserve, the supply of home-equity loans fell 2.7 percent in the first quarter of 2012 to just $849.5 billion. The home-equity market, which includes home-equity lines of credit and closed-end second mortgages, has shrunk by 24.9 percent since peaking...(Includes three data charts)
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Tight Underwriting and Prospect of Discount Pricing Push More Homebuyers to Cash, HousingPulse Finds

June 28, 2012
The lure of discount pricing combined with the hassle of tough mortgage underwriting standards appears to be pushing more homebuyers away from mortgage financing and toward all-cash home purchases, the latest Campbell/Inside Mortgage Finance HousingPulse Tracking Survey results suggest. According to the new HousingPulse data, the share of homebuyers relying on all-cash transactions climbed to a record high 35.2 percent in May. That was up from a 30.7 percent level a year ago and...
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Disparate Impact Revisits the SCOTUS

June 25, 2012
The Township of Mount Holly, NJ, has formally asked the U.S. Supreme Court to consider a case that once again raises the question of whether disparate impact claims can be brought under the Fair Housing Act. The issues raised in this case are pretty much those in Magner v. Gallagher, the case that would have settled the disparate impact issue except for the last-minute decision by the City of Saint Paul to dismiss its appeal, according to Christopher Willis, a partner with Ballard Spahr, which represents one of the non-township defendants in the case. Township of Mount Holly, NJ, et al.,...
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