A coalition of industry trade associations is urging the FHA to harmonize its regulatory treatment of transfer fee covenants with the Federal Housing Finance Agency. In a joint letter, the group said the FHFA’s final rule on transfer fee covenants “establishes a clear, national standard to protect homeowners from equity-stripping private transfer fees while preserving the preeminence of state and local governments over land-sue standards.” The letter was sent in response to reports that FHA may issue a proposed rule on transfer fee covenants that will apply to FHA-insured mortgages. A private transfer fee covenant is attached to real property by the owner or another private party – frequently the property developer – and provides for a fee to be paid to specified third party every time the property is resold. The fee typically is a percentage of the property’s sales price and ...

A nonprofit organization that assists a government agency in providing secondary financing through FHA does not need approval by the Department of Housing and Urban Development or placement on the agency’s roster of approved nonprofits that meet certain requirements. According to Mortgagee Letter 2014-08, to qualify for the exclusion, the nonprofit’s functions must be limited to the government entity’s secondary financing program as well as to the note and deed of trust, which name the government agency as the mortgagee. Currently, HUD requires nonprofits to be HUD-approved and listed on the agency’s roster of nonprofit organizations before engaging in secondary financing for closing costs, prepaids and downpayment assistance on behalf of the government entity. In a mortgagee letter last year, HUD acknowledged that some government entities could not legally or operationally ensure that they are “making” second mortgages. As a result, the agency allowed ...

AAG, NCRC Announces Fair Lending Partnership in Reverse Mortgages. American Advisors Group, ranked first among the nation’s Home Equity Conversion Mortgage lenders in 2013 by Inside FHA Lending, has collaborated with the National Community Reinvestment Coalition to ensure fair lending to older borrowers. Through this partnership, AAG employees will complete an NCRC fair housing training course. In addition, the AAG will consult with NCRC to develop best practices for complying with the Fair Housing Act. An umbrella group of more than 600 community-based organizations, the NCRC will also serve as an adviser to AAG in providing HECM mortgages to qualified borrowers age 62 or older. AAG Chief Executive Officer Reza Jahangiri said the partnership is a huge step toward the promotion of fair lending practices and responsible lending. AAG was the top HECM lender in 2013 with $1.4 billion in total originations representing ...

Ginnie Mae issuer applications are beginning to slow thanks to declining FHA and VA production, but lenders that play in the space are beginning to wonder whether they should be paying closer attention to the “compare ratios” that measure delinquencies. According to industry advisors, there are new concerns that the Inspector General of the Department of Housing and Urban Development may be expanding its investigation of firms that have significant claims rates on FHA loans. Four years ago, the HUD IG made a big splash when it issued subpoenas to 15 mortgage lenders with unusually high claim rates. Since that announcement, little information on settlements with the 15 has come...

Ginnie Mae has asked Bank of America to provide missing documents on government insured loan pools after being informed by the MBS custodian that key paperwork is missing from the files. According to industry advisors familiar with the matter, the missing documents are tied to an $8 billion mortgage-servicing sale from BofA to PennyMac. So far, both parties have declined to discuss the matter publicly. One observer noted...

Better performance on newer vintage FHA loans helped drive down the agency’s overall portfolio delinquency rate and fueled the decline in 30-, 60- and 90-day delinquencies during the first quarter of 2014, according to Inside FHA Lending’s analysis of FHA servicing data. Total delinquencies during the first quarter improved to 12.88 percent as of March 31 from 15.23 percent as of Dec. 31, 2013. The 30-60 day delinquency rate also fell to 5.41 percent from 7.14 percent, while the serious delinquencies (90 days or more past due) dropped modestly to 7.46 percent from 8.08 percent over the same period. The overall foreclosure rate, however, increased slightly to 2.36 percent during the first three months of 2014 from 2.30 percent at the end of 2013. FHA servicers ended the first quarter with ... [1 chart]

FHA originations dropped a hefty 28.3 percent in February from January and 59.1 percent from the same period a year ago, according to Inside FHA Lending’s analysis of agency data. FHA lenders reported $8.2 billion in new forward mortgages for February, down from $11.4 billion for January and $19.5 billion from a year ago. Approximately 73.9 percent of the loans were purchase mortgages. Industry observers attributed the continuing decline in FHA production to multiple and costly insurance premium hikes, revocation of the borrower’s right to cancel premium payments during the term of the loan and rising interest rates. For the week ending April 18, the interest rate for a 30-year fixed-rate mortgage with FHA insurance increased to 4.20 percent from 4.14 percent, according to the Mortgage Bankers Association weekly application survey. FHA officials said the policy changes were necessary to ... [1 chart]

Ginnie Mae has held up for several weeks an $8 billion sale of servicing rights from Bank of America to a nonbank because of missing documents on government-backed mortgages. Ted Tozer, president of the agency, confirmed the delay in approvals to Inside FHA Lending, but declined to name the nonbank on the buy-side of the transaction. However, sources familiar with the deal identified the counter-party as PennyMac. BofA and PennyMac would not comment. Once the missing documents are located and placed in the proper files, the deal will move forward, said Tozer. Tozer noted that that in the past the agency did not lose sleep over large MSR transfers because up until three years ago the nation’s megabanks were buyers of MSRs. “We knew they had the financial strength to make the P&I [principal and interest] payments” to the MBS investors, he said. But with nonbank servicers, such as Green Tree, Nationstar Mortgage, Ocwen Financial as well as PennyMac, rapidly growing their portfolios, the agency is ...

The FHA will allow lenders to suspend foreclosures on properties backed by Home Equity Conversion Mortgage loans for up to 60 days to help non-borrowing spouses of deceased HECM borrowers temporarily avoid eviction and, possibly, foreclosure. The announcement of the policy came as a federal district court judge for the District of Columbia considered whether to certify a class-action case filed by four surviving spouses of HECM borrowers last month. The lawsuit alleges that HUD had failed to protect them from being displaced from their homes – the same protection HECM regulations extend to reverse mortgage borrowers. The suit accuses the department of violating the federal Administrative Procedures Act by promulgating contradictory regulations without public comment. Last September, a DC judge found HUD in violation of federal law in a similar case and ordered that the case ...

Wells Fargo has expanded its acceptance of electronic signatures on FHA mortgage-related documents to correspondent lenders – a move that could spur other lenders to consider a similar shift as purchase originations rise. Details of the expansion are available in Wells Fargo current Seller Guide. However, access is restricted to correspondent lenders because the guide contains proprietary information, according to a company spokesman. DocuSign, whose Digitized Transaction Management (DTM) platform is being used by Wells Fargo and other financial services clients, said the expansion follows FHA’s announcement earlier this year of acceptance of e-signatures on all single-family origination and servicing/loss mitigation documents, FHA claims and real estate-owned sales contracts, with the exception of notes. The FHA announcement builds on an ...