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MRB Reports 2012 Settlements, Indemnifications

April 19, 2013
The Department of Housing and Urban Development’s Mortgagee Review Board slapped 157 FHA lenders during the first nine months of 2012 with various administrative actions, including more than $1.7 million in civil money penalties and indemnifications to HUD for paid and potential claim losses totaling $1.25 million. The MRB, which is HUD’s disciplinary arm, took action against the approved lenders from Jan. 1, 2012, to Sept. 30, 2012. According to a notice published in the April 11 Federal Register, the board withdrew the FHA approval of 130 lenders for failing to ...
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Small Lenders Exempt from Audited Reporting

April 19, 2013
Supervised small FHA lenders and mortgagees with less than $500 million in consolidated assets would enjoy some cost relief under a regulatory proposal that would exclude them from submitting audited financial statements. Instead, these institutions would only need to submit their unaudited financial regulatory reports, which include bank and credit union call reports, to fulfill their net worth reporting obligations with the Department of Housing and Urban Development. That is the same exclusion the federal banking agencies – the Federal Reserve Board, Federal Deposit Insurance Corp., and the National Credit Union Administration – give ...
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FHFA to Set New Eligibility Rules for Private MI

April 19, 2013
Private mortgage insurers may soon find themselves required to meet new eligibility standards if they want to continue doing business with the government-sponsored enterprises. In written testimony submitted to the Senate Committee on Banking, Housing and Urban Affairs, FHFA Acting Director Edward DeMarco said the FHFA intends to set new criteria for private MI companies in doing business with Fannie Mae and Freddie Mac. The revised private MI standards are among the agency’s priorities in 2013 and is part of the conservatorship strategic plan to ...
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GNMA Seeks Input on Future of Ginnie I & II

April 19, 2013
Ginnie Mae is seeking feedback from dealers, issuers and investors about whether to continue to maintain two separate mortgage-backed securities programs or to consolidate them under a single security. Comments are also being sought on other possible options. Bloomberg.com recently reported that Ginnie Mae sent out questionnaires to Wall Street broker-dealers for their input on the future of both the Ginnie Mae I and Ginnie Mae II MBS programs. The agency has been considering whether it should merge the programs for some time. The Ginnie Mae I single-issuer pool program with stringent pooling requirements began in ...
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FHA Delinquencies Fall, Foreclosures Flat

April 19, 2013
The overall delinquency rate among FHA-insured portfolios dropped during the first three months of 2013 while little change was seen in the foreclosure rate quarter over quarter, according to an Inside FHA Lending analysis of FHA data. Top FHA servicer data showed that 15.3 percent of the more than 7.68 million active FHA-insured loans were delinquent as of the end of the first quarter. Although elevated, that percentage was down from the 16.9 percent overall delinquency rate reported by FHA servicers at the end of the fourth quarter last year. The share of FHA-insured mortgages in foreclosure remained flat from quarter to quarter, a sign that the housing crisis may have ... [1 chart]
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Around the Industry

April 19, 2013
VA Issues Warning. Loans reported for guaranty more than 60 days after loan closing will be subject to automatic full review, the Department of Veterans Affairs warned. In guidance issued earlier this month, the VA reminded lenders that they must enter guaranty requests in the VA’s webLGY system within 60 days of closing or risk going through another review and additional requirements. If a loan is guaranteed late, the lender must include a brief explanation and a certification that the loan was current when they submitted the file to VA. Timely reporting of loans for VA guaranty ensures ...
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District Court Allows Class Action on Captive Reinsurance to Proceed Against Lender, MIs

April 18, 2013
A major mortgage lender and four private mortgage insurance companies – all co-defendants in a class-action lawsuit over captive reinsurance – failed to convince a federal court that the case should be thrown out because the charges were brought well after the timeframe allowed under the Real Estate Settlement Procedures Act. Instead, the U.S. District Court for the Eastern District of Pennsylvania ruled that the mortgage borrowers should have the benefit of “equitable tolling,” which allows plaintiffs to bring cases beyond the normal limits of the law if the defendant actively misled them or the plaintiff was prevented in some extraordinary way from asserting his rights in a timely manner. RESPA generally requires...
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House Budget Subcommittee Shows No Sympathy for HUD’s Spending Request, Chairman Calls for Line-by-Line Analysis

April 18, 2013
The Department of Housing and Urban Development’s fiscal 2014 budget proposal is in for some rough sailing in Congress as House appropriators, unmoved by pleas to soften the impact of sequestration, criticized HUD’s lack of commitment to fiscal reform. Appearing as the sole witness before the House Appropriations Subcommittee on Transportation, Housing and Urban Development, and Related Agencies, HUD Secretary Shaun Donovan had an earful from Republican lawmakers who expressed “deep concern” about the lack of comprehensive reform proposals in the proposed budget. Subcommittee Chairman Tom Latham, R-IA, expressed...
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OIG: FHLB Insurance Advances Need Stricter Review

April 12, 2013
The Federal Housing Finance Agency’s oversight of the 12 Federal Home Loan Banks’ growing amount of advances to insurance companies should be improved to include tighter coordination with state regulatory authorities, according to the agency’s official watchdog. The FHFA Office of Inspector General’s recent audit noted FHLBank advances to insurance company members have dramatically increased even as overall advances have declined in recent years. From 2005 through 2012, the volume of FHLBank advances to insurance companies increased “over fourfold” from $11.5 billion to $52.4 billion.
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Lenders Push No-MI Loans for Purchase Boom

April 12, 2013
Anticipation of a boom in the purchase-mortgage market has prompted some conventional conforming lenders to roll out products with no mortgage insurance, and the response has been overwhelming. The 360 Mortgage Group in Austin, TX, recently launched its exclusively wholesale “NOMI” (no-MI) product and demand has been very strong, executives said. “One week after launch, we have been getting calls from mortgage brokers, correspondents, real estate agents and consumers who are very ...
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