Allowing direct lenders in the Farm Credit System to participate in FHA mortgage insurance programs as approved mortgagees and lenders may not present a true picture of credit availability in rural areas and could end up costing taxpayers, the Mortgage Bankers Association warned. In a recent letter to HUD’s Office of Lender Activities and Program Compliance, the MBA added that the proposal may be in conflict with the administration’s goal of reducing government participation in the housing finance market. Steve O’Connor, MBA senior vice president, said Farm Credit loans with their implicit government guarantee and FHA-insured loans with their explicit government warranty would ...

Home Equity Conversion Mortgage lenders may now use certain financial assessment criteria in qualifying consumers for a HECM loan prior to FHA’s publication of its own guidance. Officials from the Department of Housing and Urban Development broke the news during the recent National Reverse Mortgage Lenders Association annual conference in Boston. They said the new underwriting assessment tool would help ensure borrowers can pay required taxes and insurance on their homes. The notification followed the unveiling of the NRMLA’s recommended underwriting guidance. In a previous email notice to industry participants, Acting Assistant Secretary of Housing/FHA Commissioner Carol Galante indicated that ...

Federal prosecutors this week sued an FHA lender to recover hundreds of millions of dollars in paid claims in connection with mortgage loans originated through branches that were not approved by the Department of Housing and Urban Development. A lawsuit filed by the U.S. Attorney in Manhattan district court this week alleged that Allied Home Mortgage Corp., President and CEO Jim Hodge and Executive Vice President Jeanne Stell engaged in reckless mortgage lending, flouted FHA mortgage insurance requirements and repeatedly lied about compliance. Such actions, the suit alleged, subsequently led to...

U.S. Attorney General Eric Holder has been called upon to take the lead in investigating allegations that a number of the largest mortgage lenders in the country may have systematically charged illegal fees to military veterans who refinanced their homes. Sen. Jon Tester, D-MT, a member of the Senate Committee on Veterans’ Affairs, sent a letter to Holder recently requesting he get involved in a probe to determine the veracity of the accusations. Earlier this month, a complaint was unsealed in federal court in which two whistleblower types accused the lenders of charging refinance fees that are...

The mortgage lending industry is more likely to see a return to higher FHA loan limits than higher Fannie Mae and Freddie Mac limits, after the Senate gave its approval to legislation that would restore higher conforming loan levels all the way around, according to one top industry lobbyist. Late last week, the Senate voted 60-38 to approve a federal spending bill that included an amendment sponsored by Sens. Bob Menendez, D-NJ, and Johnny Isakson, R-GA, that would reinstate the higher loan limits for the government-sponsored enterprises and the FHA that ended on Sept. 30. Those limits dropped from a maximum of...

President Obama nominated Carol Galante to become the next Commissioner of the FHA, an agency that continues to adjust to a bigger role in the mortgage market. Galante has served as deputy assistant secretary for multifamily housing at the Department of Housing and Urban Development since 2009 and has filled in as acting FHA commissioner since the departure of David Stevens. She worked for nearly a quarter of a century at BRIDGE Housing, a company that specializes in affordable housing development. Galante definitely has the management and leadership experience for the post, said Brian Chappelle, co-founder of Potomac Partners LLC. “If...

Several large banks and mortgage companies are accused of cheating military veterans and taxpayers out of millions of dollars by hiding illegal fees in VA refinance transactions and of deliberately misleading the government to obtain guarantees for the refinanced loans. Three law firms – Butler Wooten & Fryhofer and Wilbanks & Bridges in Atlanta and Phillips & Cohen in Washington, D.C. – have teamed up to pursue the “qui tam” or whistleblower lawsuit on behalf of two mortgage brokers and the U.S. government. The brokers, Victor Bibby and Brian Donnelly, brought the lawsuit under the False Claims Act, a federal law that goes back to the Civil War when it was used to ...

The Department of Veterans Affairs has issued guidance explaining the confusion in the last couple of weeks caused by conflicting VA regulations and legislation. The latest guidance from the VA, Circular 26-11-16, updates the method for calculating funding fees based on a provision in H.R. 2646, the Veterans Health Facilities Capital Improvement Act of 2011, which President Obama signed into law on Oct. 5. H.R. 2646, which sets funding for the construction of various VA medical facilities, also provides for higher funding fees for VA loans, contrary to funding fee changes announced by the VA on Sept. 8. Previous VA guidance notes ...

The House of Representatives has passed legislation that would give surviving spouses of fully disabled veterans access to VA home loans. The bill, H.R. 120, the Disabled Veterans’ Surviving Spouses Home Loans Act, is part of H.R. 2433, the Veterans Opportunity to Work Act, which the House overwhelmingly approved on Oct. 12 by a vote of 418 to 6. H.R. 2433 contains six pieces of veteran legislation designed to address veteran unemployment. Introduced by Rep. Virginia Foxx, R-NC, H.R. 120 aims to allay concerns of veterans with permanent and total disabilities about where their surviving spouses would live should the veteran die of causes unrelated to their military service. Under current law, a surviving spouse may qualify for a VA home loan only if the service member’s death is determined to be related to service disabilities. Otherwise, the surviving spouse qualifies only for ...

The Department of Housing and Urban Development is a step closer to leveling the playing field for FHA lenders but there is more to be done, according to a recent analysis by K&L Gates. Recent changes announced by HUD are a good start to setting right the unintended adverse effects of last year’s changes to FHA’s lender-approval requirements, but HUD needs to do more to implement these changes fully, concludes the analysis. Authors Krista Cooley, Holly Spencer Bunting and Kathryn Baugher, all attorneys with K&L Gates, said future pronouncements from HUD should provide additional guidance on how to address the inequities between third-party originators and FHA-approved lenders with regards to ...