Department of Housing and Urban Development program staff and the agency’s inspector general are reportedly at loggerheads over an IG recommendation to deny FHA insurance to loans that receive downpayment assistance from programs funded through premium-pricing mechanisms. Responding to critics, the HUD OIG is standing by its audit findings, which could force the HUD deputy secretary to intervene in order to resolve the issues raised by the audit report and restore lender confidence. The report’s recommendation has alarmed lenders that participate in downpayment assistance “gift” programs run by housing finance agencies (HFAs). This prompted Ed Golding, HUD’s principal deputy assistant secretary for housing and head of the FHA, to issue a clarification of the FHA’s position on the issue. Golding’s note reaffirmed FHA’s support for certain downpayment assistance programs (DAPs), “like those run by ...

The Department of Housing and Urban Development’s proposal to remove a key disclosure in a standard HUD/VA form that comes with a residential mortgage closing document is getting flak from the mortgage industry and from some members of Congress. Leading Democrats on the Senate Banking and House Financial Services committees are pushing HUD to reconsider the proposal. They fear the proposed change would make it easier for lenders that have engaged in criminal behavior to re-enter the FHA and VA markets and continue their illegal lending practices. Among other things, HUD’s proposal would eliminate the requirement that FHA lenders certify on each loan application that they are not, or have not recently been, subject to certain charges or penalties. In their letter, Senators Sherrod Brown, D-OH, and Elizabeth Warren, D-MA, and Rep. Maxine Waters, D-CA, urged HUD to ...

A multi-million dollar false claim lawsuit filed by the Department of Justice against Wells Fargo in 2012 appears headed to trial unless both sides agree to renegotiate a settlement. Brought under the federal False Claims Act, the lawsuit has moved on to the discovery phase of the litigation following a failed attempt by the parties to reach a settlement. The DOJ has wielded the FCA effectively in the past couple of years in efforts to recover losses from lenders that allegedly committed loan fraud against the FHA. A string of FCA lawsuits against FHA lenders has resulted in approximately $4.5 billion in recoveries for the government. The 2012 lawsuit alleged that Wells Fargo misled the FHA as to the quality of underwriting on 6,320 FHA-insured loans, which later caused approximately $190 million in losses to the agency’s mortgage insurance fund. Wells Fargo has denied the allegations and maintains that, as a ...

The Federal Home Loan Bank Mortgage Partnership Finance program has announced its first security issuance with a Ginnie Mae guarantee. The $5 million security is backed by home loans originated by community banks and credit unions through the MPF Government MBS product. The Mortgage Bankers Association welcomed the new MBS, seeing it as another opportunity for all lenders to access the capital markets directly, reducing costs and increasing originations. “Many community banks use the FHLB MPF program to sell conventional mortgages into the secondary market,” observed Ron Haynie, senior vice president at the Independent Community Bankers of America. “This expansion in aggregating and securitizing government loans provides community banks with the opportunity to reach more borrowers, especially in rural and small-town markets, and to safely sell those loans to ...

The Federal Home Loan Bank’s Mortgage Partnership Finance (MPF) Program has removed certain barriers to streamline refinancing of government-backed mortgages. Effective on July 6, 2015, the MPF no longer requires minimum FICO score, maximum loan-to-value ratios or appraisals for FHA streamlined refis, VA Interest Rate Reduction Refinance loans and rural housing home loans with a U.S. Department of Agriculture guarantee. The MPF program’s participating financial institutions (PFIs) may now originate and underwrite streamline refis based solely on the requirements of the FHA, VA or the USDA’s Rural Housing Service. The program currently requires borrower and co-borrower income for government loan streamline refis for the purpose of loan presentment. “Presentment” refers to the right to require a lender to demand payment of amounts ...

HUD Re-Offers Single-Family Loans to Investors. Due to the required release of a Bidder Supplement for Single-Family Loan Sale 2015-1, the Department of Housing and Urban Development re-offered all pools in SFLS 2015-1 on July 16. The offering included National Pools and Neighborhood Stabilization Outcome Pools (NSOs). The NSOs include one pool for which only nonprofit bidders or local-government agencies were allowed to bid. Such pools consist of loans in areas that have been hard hit with foreclosures or that have experienced an economic downturn. The final NSO pool areas include Chicago; Newark, NJ; Camden, NJ; Nassau and Suffolk Counties, NY; Baltimore; and Philadelphia. The NSO pool for Detroit was earmarked for nonprofit and local-government bidders. Sellers Bring $1.53 Billion Servicing Offering to Market. Denver-based Phoenix Capital is in the market with a ...

The mortgage market cranked up new originations significantly during the second quarter of 2015, lifting production to its highest level in nearly two years, according to a new analysis and ranking by Inside Mortgage Finance. Lenders produced an estimated $445 billion of first-lien single-family mortgages during the second quarter, an increase of 23.6 percent over the first three months of 2015. It marked the strongest origination volume since the second quarter of 2013, when the industry was in the middle of a refinance boom that generated over $2 trillion in new production over a 12-month period. The party this time around doesn’t look...[Includes two data tables]

Wells Fargo won key victories last week with the dismissal of two lawsuits in Chicago and Los Angeles alleging reverse redlining in the cities’ minority neighborhoods, resulting in high foreclosure rates, reduced property values and lost property tax revenues. The lawsuits accused Wells Fargo of targeting minority areas in the two cities with higher-cost loans, even though they could not afford such loans. Eventually, many borrowers defaulted on their mortgages and lost their homes to foreclosures. This, in turn, left many vacant homes throughout neighborhoods, driving down property values and costing counties and cities billions of dollars in efforts to eliminate urban blight. In Chicago, a federal district court judge said...

The big gains in business volume at the FHA and the Veterans Administration reflect the two agencies’ differing missions, and officials at both organizations are looking at ways to improve risk management practices. Ed Golding, principal deputy assistant secretary at the Department of Housing and Urban Development, said the FHA dominates the market for high loan-to-value lending to borrowers with credit scores below 680. While some view 680 as borderline subprime, it’s the median credit score for the country, he noted during remarks at a symposium sponsored this week by the Urban Institute. “Risk management is...

Three leading Democrats in Congress are pushing the Department of Housing and Urban Development to re-issue a request for comments regarding potential changes to the HUD-92900-A form. HUD proposed the changes in mid-May to little fanfare, though the members of Congress warn that the proposal will create a loophole giving “Wall Street banks a free pass at taxpayers’ expense.” The May proposal from HUD involves certifications on the HUD/VA Addendum to Uniform Residential Loan Application form. HUD proposed removing a loan-level requirement that FHA and Department of Veteran Affairs lenders certify that they haven’t been convicted of a violation of federal or state antitrust statutes within the past three years. In a letter sent to HUD this week, Sen. Sherrod Brown, D-OH, Sen. Elizabeth Warren, D-MA, and Rep. Maxine Waters, D-CA, said...