The Department of Housing and Urban Development and Bank of America have announced an agreement to settle a claim that BofA refused to provide mortgage financing to a lesbian couple. BofA allegedly violated a HUD rule prohibiting lenders from basing borrowers’ eligibility for an FHA-insured loan on their sexual orientation, gender identity or marital status. The new “equal-access” rule applies in all FHA programs. The enforcement action is HUD’s first against a lender involving the equal-access rule. BofA agreed to pay a $7,500 fine, a middling sum compared to ...

The Consumer Financial Protection Bureau this week spread a huge safety net under the agency mortgage market, ruling that loans deemed suitable for Fannie Mae, Freddie Mac, the FHA and the Veterans Administration will be “qualified mortgages” that provide strong protection against litigation for mortgage lenders. The CFPB’s long-awaited ability-to-repay final rule provides a safe harbor for loans that meet its QM definition and also are not considered “higher-priced mortgages” under an older Truth in Lending Act regulation promulgated by the Federal Reserve back in 2008. That rule classifies first mortgages as higher-priced if the annual percentage rate exceeds the average offered rate for comparable loans by 1.5 percentage points or more. Generally, the CFPB final rule defines...

Eighteen Republicans gave Carol Galante the benefit of the doubt by helping to confirm her nomination as FHA Commissioner on a 69-24 vote after she promised a series of changes for the beleaguered FHA program. Galante, who had been serving as acting FHA commissioner, garnered enough Republican support to surpass the 60 votes needed to secure Senate approval of her nomination in late December. President Obama nominated her in June 2011 to replace FHA Commissioner David Stevens. In December 2011, the Senate Committee on Banking, Housing and Urban Affairs approved...

As more names are thrown into the “Who Will Succeed DeMarco at FHFA” sweepstakes, the question increasingly being is asked is this: which candidate will placate Congressional Republicans? Republicans, so far, have held united against allowing Fannie Mae and Freddie Mac to write down the principal on underwater mortgages as a loan modification tool. Edward DeMarco, the acting director of the Federal Housing Finance Agency, of course, has shot down the idea numerous times.

City councils on each end of the U.S. have responded to the foreclosure crisis by demonstrating an interest in controversial proposals to use eminent domain to seize underwater mortgages, refinance them into FHA loans at fair market value, and then sell them off to other investors. The Salinas (CA) City Council has gone the furthest of the two jurisdictions, choosing Mortgage Resolution Partners earlier this month to develop such a program for the benefit of the homeowners in its jurisdiction. At its Oct. 16, 2012, meeting, the council’s housing subcommittee directed staff to develop and circulate a request for proposals to determine the magnitude of the local residential foreclosure crisis and possible solutions. On Nov. 1, 2012, the RFP was circulated...

The FHA this week announced additional measures to restore the financial health of its insurance fund and better protect consumers, including tighter underwriting on new FHA loans and elimination of a widely used standard fixed-rate reverse mortgage product. Acting FHA Commissioner Carol Galante unveiled the latest structural reforms in a Dec. 18 letter to Sen. Bob Corker, R-TN, who has repeatedly expressed concerns over the slow pace of reforms at FHA. The reforms address issues the senator raised with Department of Housing and Urban Development Secretary Shaun Donovan at a Dec. 6 Senate Banking, Housing and Urban Affairs Committee hearing on ...

A Senate vote on FHA reform legislation appears unlikely unless Senate Majority Leader Harry Reid, D-NV, and Senate Banking Committee Chairman Tim Johnson, D-SD, find a way to persuade Republican lawmakers to sign off on a House-approved bill before the end of the year, industry sources say. Senate Republicans are poring over the bill, H.R. 4264, the FHA Emergency Fiscal Solvency Act of 2012, which the House passed overwhelmingly 402-7. It is unclear how much Republican support the bill would have if – and when – it is taken to the Senate floor, said one trade group executive. The bill would strengthen the ...

As the wait for the highly anticipated “qualified mortgage” final rule continues, its impact on FHA lending programs remains uncertain. Concerns have been raised over the possibility that the final QM rule the Consumer Financial Protection Bureau is finalizing may establish a “safe harbor” for prime loans with a maximum debt-to-income ratio of up to 43 percent. This could have implications for FHA loans, which allow higher back-end ratios under certain circumstances, according to some lenders and industry participants. At what point the DTI ratios will ...

The FHA and VA have announced loan limit adjustments in many counties even as disparities with conventional loan limits persist in 2013, according to a new analysis by Inside FHA Lending. FHA loan limits for forward mortgages will increase in 2013 for 19 counties, 10 of which are part of the Houston metropolitan area. In those counties, the one-unit limit is going up just $1,500 to $272,550. The remaining counties are in Alaska. Congress authorized the “emergency” loan limits for high-costs markets – still $729,750 for FHA and $625,500 for Fannie Mae and Freddie Mac –to run through Dec. 31, 2013. The base loan limit nationwide and in ...

The Department of Housing and Urban Development reported strong note sales of more than $1.7 billion under the expanded Distressed Asset Stabilization Program (DASP) and announced another big sale in the first quarter of 2013. Preliminary results from the sale in September showed record participation among interested bidders on 13 pools. In total, the 13 pools went to 10 different entities, among them nonprofit and community-based organizations, according to HUD. While still in the process of settling the transactions, the FHA said it is very ...