Imprecise rules, triple-damage claims and increasingly political enforcement of agency rules could make it more dangerous for lenders to do business with the FHA than to originate non-qualified mortgage loans, according to a top compliance expert. Larry Platt, a partner with K&L Gates, said that when lenders originate and underwrite FHA loans they are subjected to rules that are unevenly applied and politically enforced. It is a prescription for a financial bloodbath, especially if you add to it the False Claims Act and the Financial Institutions Reform, Recovery and Enforcement Act, he added. Throwing the Department of Justice into the mix ...

The Department of Housing and Urban Development has scheduled its next note sale on Dec. 17, following last month’s withdrawal of $450 million of nonperforming notes from the table after bids came up short of the reserve price. The Dec. 17 whole-loan sale will include Neighborhood Stabilization Outcome (NSOs) single-family loan pools, which will be offered, as in several previous HUD note sales, through a competitive bidding process. The offering consists of 5,000 defaulted purchase single-family mortgage loans totaling $1 billion in unpaid principal balances with representations and warranties. Currently, the FHA is selling loans in ...

The Department of Veterans Affairs has provided VA lenders a table for determining the appropriate and maximum cost of legal services for each preferred method for foreclosing in judicial and non-judicial states. Specifically, the table concerns the maximum attorney fees the VA will allow in calculating the payment of loan guaranty claims upon termination of the VA loan. It reflects the amounts the VA has determined to be reasonable and customary for all states, following an annual review of amounts allowed by other government-related home loan programs. Every year, the VA ...

Ginnie Mae home mortgage debt outstanding fell by a whisper in the third quarter of 2013 while FHA servicers reported a slight drop in overall delinquencies and an uptick in the foreclosure rate, according to Inside FHA Lending’s analysis of government-backed servicing data. As of Sept. 30, Ginnie Mae’s single-family servicing was down 0.2 percent from the previous quarter but was up 4.1 percent from the same period last year. Ginnie servicers ended the third quarter with $1.35 trillion in servicing outstanding. Although banks continued to dominate Ginnie servicing, the agency has been concerned with the ... [2 charts]

FY 2013 Actuarial Review of Insurance Fund Out in Mid-December. The Department of Housing and Urban Development expects to issue the long-anticipated FHA FY 2013 independent review of the state of the FHA’s Mutual Mortgage Insurance Fund during or before the middle of December. The report’s release was delayed due to the three-week government shutdown in October. The report will show FHA taking a mandatory appropriation of $1.7 billion to close out FY 2013. HUD has clarified that the draw is an accounting transfer required to close out the FHA’s FY 2013 books and not a reflection of ...

Nancy Handal, managing director of insurance conglomerate MetLife, oversees a $70 billion fixed-income portfolio and a $6 billion “high-yield” residential MBS opportunity fund – but has bought into just one jumbo MBS deal over the past few years. And she’s not shy about the reasons why: it’s all about disclosures. Handal is not happy about what non-agency issuers disclose and in particular she’s dismayed that MBS investors are essentially frozen out of the due-diligence process. Speaking at a housing forum sponsored by the Urban Institute and CoreLogic this week, the MetLife executive expressed...

The FHA is working to create a quality-assurance framework with enhanced reporting built around QA results as well as a refined approach to identifying underwriting defects, according to a top agency official. There is much uncertainty in the mortgage market today and one way to address that is to create a clear framework for lenders explaining FHA’s view of underwriting defects, how they are defined as well as their consequences, said Charles Coulter, deputy assistant secretary for housing with the Department of Housing and Urban Development. Speaking at the recent Mortgage Bankers Association annual convention, Coulter said the ...

The FHA’s effort to reduce its presence in the mortgage market to make room for private capital would be derailed if Fannie Mae and Freddie Mac raised their guaranty fees, warned an agency official. Responding to a question during the Mortgage Bankers Association’s annual convention, Charles Coulter, deputy assistant secretary for single-family housing at the Department of Housing and Urban Development, said the FHA is currently “priced appropriately” and sees no need to further increase mortgage insurance premiums. The FHA has lost about 20 percent of its share of originations after five MIP increases in ...

Applying certain private mortgage insurance practices and requirements to FHA may not be as ideal as some proponents suggest because they do not fit in the business environment in which the FHA operates, according to a new study from the Government Accountability Office. Nonetheless, the regulatory framework for private mortgage insurers has features that could enhance the transparency of the FHA’s Mutual Mortgage Insurance Fund and Congress’ oversight of FHA’s operations, the study concluded. The GAO did the study at the request of ...

The Department of Housing and Urban Development has made long-awaited increases for claimable attorney fees and extended the foreclosure timeframes in many jurisdictions to help mortgage servicers perform better. The agency sets limits on the attorney fees servicers can claim on an FHA foreclosure and prescribes the length of time for doing due diligence. The last time HUD updated its guidance on fees and “reasonable diligence timeframe” for prosecuting a foreclosure on an FHA-insured loan was in 2005. However, changes in state foreclosure requirements in recent years have made it difficult for FHA servicers to ...