Industry groups are lauding a House Republican’s move last week to re-file a legislative countermeasure against municipalities seeking to use eminent-domain powers to acquire performing but underwater mortgage loans as a warning against localities still entertaining such a course of action. The Defending American Taxpayers from Abusive Government Takings Act, H.R. 2733, by Rep. John Campbell, R-CA, would prevent the “reckless” seizure of distressed home loans by local governments, a move that’s both legally questionable and that represents “a complete abrogation of private property rights.” “The federal government and the American taxpayer would be forced...

Mortgage production volume remained fairly steady in the second quarter as a growing purchase-mortgage market helped offset a weakening in refinance lending, according to a new ranking and analysis by Inside Mortgage Finance. Mortgage lenders originated an estimated $495.0 billion of home loans during the second quarter of 2013, down just 1.0 percent from the first three months of the year. That pushed year-to-date production volume to just shy of $1 trillion, and put the market 14.4 percent ahead of the pace set during the first six months of 2012. It figures...[Includes two data charts]

FHA Commissioner Carol Galante this week expressed support for bipartisan reform legislation in the Senate that would provide the agency with tools it had requested to strengthen its finances and operation. Further discussion and clarification, however, may be needed with regard to certain provisions as well as issues that were not addressed in the draft bill, she said. Galante appeared as the sole witness at a hearing called by the Senate Committee on Banking, Housing and Urban Affairs to consider a draft of the FHA Solvency Act of 2013. The Senate bill is significantly narrower in scope than the FHA provisions included in a broader mortgage finance reform bill approved by the House Financial Services Committee this week. The Senate bill would help...

Supporters are defending a House Republican proposal to liquidate Fannie Mae and Freddie Mac and let the private market fill in the gaps. But despite a nearly complete lack of bipartisan support and even doubts from within his own party, the author of the proposal is pushing hard to fast-track the bill. This week, the House Financial Services Committee heard testimony from 11 experts on the Protecting American Taxpayers and Homeowners Act, introduced last week by Rep. Jeb Hensarling, R-TX.“The PATH Act is a comprehensive proposal to create a sustainable housing finance system by ending the federal government’s domination of the housing finance market and give consumers more choices in determining which mortgage product best suits their needs,” said Hensarling.

Senate Banking Committee Chairman Tim Johnson, D-SD, and Ranking Minority Member Mike Crapo, R-ID, have released a draft FHA solvency bill that is far less ambitious than legislation proposed by House GOP leaders last week. The Senate bill, the FHA Solvency Act of 2013, would essentially shore up the existing FHA program by allowing higher mortgage insurance premiums and requiring a bigger capital buffer. The housing finance reform bill introduced by Rep. Jeb Hensarling, R-TX, chairman of the House Financial Services Committee, would significantly change the FHA program by narrowing its focus and limiting the depth of coverage it provides. The draft Senate bill contains...

Compliance experts are urging FHA lenders to express their concerns about a potential new enforcement regime the Department of Housing and Urban Development has proposed that could raise the risks of doing business with the FHA. The HUD proposal, which was published as a notice in the Federal Register with a comment deadline of Sept. 9, seeks comment on measures that would further enhance quality assurance in origination, underwriting and servicing. HUD has routinely used quality assurance methods, including routine and targeted audits, post-endorsement loan reviews and monitoring of early default and claim rates to evaluate lender compliance. Attorneys with K&L Gates cautioned...

The Federal Housing Finance Agency should coordinate with the FHA to establish a formal working group to permit both agencies to raise guaranty fees and insurance premiums as a way to reduce the federal government’s role in the mortgage-guaranty business, the FHFA’s official watchdog has recommended. The FHFA firmly disagrees. A new report by the FHFA’s Office of Inspector General this week noted “potential benefits” that the FHFA may achieve by establishing a “more formalized working arrangement” with the FHA and “jointly assessing the key issues around their pricing initiatives.” The Treasury Department made...

The Republican leadership of the House Financial Services Committee this week unveiled a comprehensive housing finance reform bill, including a series of proposals to “right size” the FHA, redefine its mission and reestablish it as a stand-alone agency. At the same time, Senate Banking Committee Chairman Tim Johnson, D-SD, and Ranking Member Mike Crapo, R-ID, announced they have reached a bipartisan agreement on legislation that would ensure the solvency of the FHA. Both lawmakers expect to introduce a bill next week. The House FHA reform measures were introduced in tandem with reform proposals for ...

The FHA has proposed measures to strengthen its oversight of FHA lenders and each measure could potentially increase lenders’ liability and compliance risk, compliance experts warned. Published for comment in the July 9 Federal Register, the proposals are part of a new enforcement regime that the FHA is considering to monitor and sanction lenders. They cover statistical sampling, origination quality standards, annual reviews, compare ratios, and indemnification and other remedies for loan defects. The proposed enforcement measures, however, raise a ...

The New York State Department of Financial Services has directed FHA lenders to refrain from applying the FHA’s higher mortgage insurance premiums in calculating a loan’s annual percentage rate and fully indexed rates for 60 days to prevent loans from becoming “high cost” or subprime. At the same time, the department issued guidance to conventional lenders on how to interpret existing provisions in state banking law regarding subprime loans. Statutory changes were made in 2009 to prevent some loans from becoming “subprime,” as defined by state law. Spikes in mortgage interest rates in the past few weeks plus ...