The FHA's model mortgage form clearly makes the federally required flood-insurance amount the minimum, not the maximum, the borrower must have, according to a recent federal appeals court ruling. In Faire Feaz v. Wells Fargo Bank, et al. No. 13-10230, the U.S. Court of Appeals for the 11th Circuit determined that the language in the FHA's model form requiring borrowers to purchase the FHA's minimum required amount of flood insurance does not prevent lenders from demanding more insurance than the agency requires. With its ruling, the court upheld the dismissal of the claim for breach of contract, related claims for breach of the duty of good faith and fair dealing, and breach of fiduciary duty. The 11th Circuit ruling also agreed with the First Circuit's recent en banc ruling in Kolbe v. BAC Home Loans Servicing LP, F.3d -- 2013 WL 5394192 (1st Cir. Sept. 27, 2013). Noting a split among the district courts, the First Circuit recognized that ...

Several industry trade associations have asked the FHA to confirm whether the 203(k) property rehabilitation program can be used to mitigate future flood threats, particularly for undamaged homes in flood zones. Because of their properties' location in a designated floodplain, homeowners could be hit by rising flood insurance rates. The Mortgage Bankers Association, National Association of Realtors, National Association of Home Builders, National Association of Local Housing Finance Agencies and the Association of State Floodplain Managers said they believe the federal 203(k) program can be used to reduce or minimize the effect of future floodings on undamaged floodplain properties. Flood insurance rates can be reduced significantly by raising a home to a level at or above the 100-year flood elevation, or by ...

Genworth Mortgage Insurance is helping customers understand the benefits of the new master policy private mortgage insurers have helped develop with Fannie Mae and Freddie Mac to improve the MIs' operating and servicing processes. Genworth expects the new master policy to take effect in July. Customers will receive a copy of the document as well as information explaining its benefits and operation before the effective date. A "Master Policy Introduction Reference Notes" and other resources may be found at Genworth's website, including a downloadable sample of the master policy, sample endorsements, a summary of changes and frequently asked questions. In December 2013, the Federal Housing Finance Agency announced the government-sponsored enterprises' completion of the first major overhaul of the MI master policy requirements in many years. As part of their conservatorship, Fannie and Freddie were required to ...

The House of Representatives this week is expected to vote on the amended version of H.R. 3370, the Homeowner Flood Insurance Affordability Act, which would provide comprehensive reform and longer-term relief from skyrocketing premiums in the National Flood Insurance Program. But there is a possibility that the vote could take place next week as Republicans and Democrats continued to negotiate on proposed changes and further protection for homeowners who face hefty rate increases caused by the Biggert-Waters Flood Insurance Reform Act of 2012, sources said. Congress passed the act to address the NFIP's solvency problems. Authored by Reps. Michael Grimm, R-NY, and Bill Cassidy, R-LA, H.R. 3370 builds...

Fed: G-Fee Hikes Would Have Minimal Impact on Agency Originations. Increases to guaranty fees under consideration by the Federal Housing Finance Agency would directly reduce the dollar volume of new agency originations by less than 1.0 percent, according to new research published by the Federal Reserve. In December, then-FHFA Acting Director Edward DeMarco announced a plan to increase the base g-fee for all new Fannie Mae and Freddie Mac mortgages by 10 basis points, update the up-front g-fee grid and eliminate the upfront 25 basis point adverse market fee that has been assessed on all mortgages purchased by Fannie and Freddie since 2008.

Private mortgage insurers provided primary coverage on $41.59 billion of mortgages originated during the fourth quarter of 2013, according to a new Inside Mortgage Finance ranking and analysis. While that was down 29.6 percent from the third quarter, it also represented the deepest private MI penetration of new originations in five years. Private MI coverage – including existing insurance transferred to new loans originated under the Home Affordable Refinance Program – accounted for 13.6 percent of new mortgages produced in the fourth quarter. That was the highest private MI share of new originations since the first quarter of 2008, when it was 14.7 percent. HARP continued...[Includes three data charts]

Investors of all different stripes have been increasing their stakes in several publicly traded mortgage insurance firms of late, betting that this recovering corner of the residential finance industry has more gas in the fuel tank. Among those buying into MI stocks is Paulson & Co., the legendary hedge fund that made $15 billion by shorting publicly traded subprime firms via the ABX Index in the run-up to the housing bust. Paulson & Co. recently increased...

The mortgages that most frequently experience delays in closing are those with private mortgage insurance and FHA loans, according to new findings from the Campbell/Inside Mortgage Finance HousingPulse Tracking Survey. According to responses from real estate agents involved in 1,401 transactions in January, some 45 percent of purchase mortgages with private MI experienced a delayed closing. And 42 percent of FHA purchase mortgages experienced a delay in closing. Tom Popik, research director of Campbell Surveys, said...

FHA-approved lenders should make sure they leave no stones unturned to ensure that loans submitted for endorsement meet FHA’s strict underwriting criteria. It is the responsibility of direct endorsement lenders to scrutinize every loan for compliance with FHA lending guidelines, including income verification, credit analysis and property appraisals. JPMorgan Chase admitted it failed to do all of the above. Last week, the bank acknowledged it violated the False Claims Act and agreed to pay $614 million in cash to settle government charges it improperly certified poorly underwritten loans for FHA and VA guarantees. The defective loans later ...

The whistleblower whose investigative efforts led to the landmark $25 billion national mortgage settlement between the federal government, 49 state attorneys general and five of the largest mortgage servicers is at it again. This time, Lynn Szymoniak is suing 22 companies for using fraud to obtain FHA insurance – in some instances, VA guaranties – for defective loans that later were securitized through Ginnie Mae and sold to investors. Szymoniak, who is suing under the False Claims Act, gained notoriety from a 2011 interview on “60 Minutes” in which she ...