The Mortgage Bankers Association is calling for a moratorium on future claims against FHA lenders under the False Claims Act to give the Department of Housing and Urban Development sufficient time to streamline its defect taxonomy and revise its loan-level certification requirements. In letters to HUD and the Department of Justice, the MBA said the FHA has yet to issue clear standards identifying specific errors that could trigger an FCA claim and those that do not. FCA enforcement actions can result in very significant damage to a lender’s reputation and bottom line, warned Dave Stevens, MBA president and chief executive officer. Although FHA lenders work hard to ensure compliance with strict underwriting and documentation standards, origination, insurance and servicing depend heavily on human efforts, which could easily result in technical errors, he added. While lenders process ...

The FHA has issued guidance to lenders and appraisers regarding problems that have arisen since the agency announced its Electronic Appraisal Delivery (EAD) portal in 2015. Effective June 27, FHA will require appraisals for new FHA originations to be submitted through the EAD. The portal’s use has been voluntary. Users without a valid user ID for accessing the EAD portal will be locked out of the system after the effective date, the FHA warned. Users that have not signed on the FHA Connection will lose their user ID. Only their organization’s FHAC application coordinator can reinstate them and restore access to the portal. “Hard stop” messages, which are built into the EAD portal, indicate data errors that must be resolved before the appraisal can be successfully transmitted to FHA. This helps avoid potential data conflicts between the portal and FHA. The FHA has identified five hard-stop errors ...

VA troubleshooters have identified the technical glitch that has prevented servicers from uploading current servicing data to the agency’s VALERI system. According to a VA spokesperson, the problem was caused by faulty uploading procedures, not by malware within the documents as earlier feared. “Dridex was originally suspected because we became aware of it at the same time the uploading problem occurred,” he explained. “Our warning to servicers was an emphasis on the side of caution.” The Dridex malware, which can go undetected, targets customers of financial institutions by stealing their personal information through HTML injections. The VA Loan Electronic Reporting Interface (VALERI) is a loan administration system that servicers use to oversee loan servicing, monitor loan defaults, and accept and pay claims and incentives. Servicers experiencing problems with uploading servicing data should immediately ...

The Department of Housing and Urban Development could soon face a technology crisis with roughly 87 percent of its antiquated information-technology systems dying or on the verge of collapse. The warning came from the HUD inspector general in a semiannual report to Congress. The report raised concerns about the poor state of HUD’s IT systems, “of which 87 percent are at or near the end of their life cycle.” These systems include 400 IT products that no longer have technical support, the report noted. The problem is so bad that HUD is having trouble doing mathematical ...

House Financial Services Committee Approves Flood Insurance Reform Measures.The House Financial Services Committee this week reported out several bills to reform and reauthorize the National Flood Insurance Program, which is set to expire on Sept. 20, 2017. The bills that passed included H.R. 2875, the National Flood Insurance Program Administrative Reform Act of 2017, which would protect taxpayers from program fraud and abuse; H.R. 1588, the Repeatedly Flooded Communities Preparation Act, which would ensure community accountability for areas frequently damaged by floods; and H.R. 1422, the Flood Insurance Market parity and Modernization Act, which would increase the availability of private flood insurance. The committee also approved H.R. 2246, the Taxpayer Exposure Mitigation Act of 2017, which would shift flood insurance risk for commercial and multifamily properties in ...

First-time homebuyers have fueled a surge in home sales in the last two years, and the trend is continuing into 2017, according to a new report on the first-time homebuyer market from Genworth Mortgage Insurance. The report focused on mortgage origination data from more than 20 million first-time homebuyers over the past 24 years, with some interesting findings. Approximately 85 percent of the overall increase in home sales over the past two years was...

Federal banking regulators this week took action against two mortgage lenders for failing to enforce flood insurance requirements on properties in flood-prone areas. Separately, House lawmakers mulled over draft Republican legislation to reform and reauthorize the National Flood Insurance Program. The Office of the Comptroller of the Currency announced it slapped Colonial Savings Bank with an $87,500 penalty for violation of the Federal Disaster Protection Act of 1973. The FDPA requires...

A Manhattan appeals court raised the burden of proof for Ambac Assurance, which seeks to recover monetary damages from Bank of America in an insurance case involving $1.68 billion in securities backed by high-risk mortgages from now-defunct Countrywide Home Loans. Attorneys with Shepherd Smith Edwards & Kantas said a panel of the Appellate Division, First Judicial Department, ruled that Ambac may not use New York insurance law as the sole basis for arguing that it does not have to prove certain elements of fraud in its claims against BofA. The court also barred Ambac from using the statute to recover damages. The court held...

Insurance policies are the second-largest form of the government-sponsored enterprises’ credit-risk transfer but Fannie Mae’s Credit Insurance Risk Transfer (CIRT) program and Freddie Mac’s Agency Credit Insurance Structure (ACIS) have a few stark differences. One of the primary differences in the two is that Freddie has retained large portions of the tranches from its popular Structured Avenue Credit Risk deals (STACR), and used the ACIS program as a way to transfer some of the remaining risk, up to the 5 percent retention limit, note analysts at Wells Fargo Securities in a recent report. With ACIS coverage tied to companion STACR deals, it’s...

The Mortgage Bankers Association is pushing back against a controversial budget proposal to charge FHA lenders a fee to pay for technology upgrades to help protect the Mutual Mortgage Insurance Fund. Rather than charging lenders an “administrative fee,” the MBA prefers that funding improvements to FHA’s aging information systems be done through the appropriations process. “We need to be working with [the Department of Housing and Urban Development] and Congress to find ways to fund technology upgrades and risk-management improvements,” MBA Senior Vice President Pete Mills told Inside FHA/VA Lending. The White House’s budget plan for FY 2018 incorporates verbatim a proposal by the Obama administration to charge FHA lenders an administrative fee to support the upgrades needed to reduce MMI Fund losses. According to the previous administration’s estimate, the ...