The Department of Housing and Urban Development has issued a proposed rule establishing standards that FHA loans would have to meet to be considered “qualified mortgages,” varying slightly from the QM rule approved earlier this year by the Consumer Financial Protection Bureau. According to HUD, the proposal is aligned with the ability-to-repay criteria set out in the Dodd-Frank Act and the CFPB’s QM rule. The key difference is in the pricing threshold that puts QM loans in the safe harbor, rather than the less desirable rebuttable assumption category that exposes lenders to more legal risk. Under the CFPB rule, safe harbor QM loans must have...

Policymakers at Fannie Mae, Freddie Mac and the FHA need to work with lenders to identify and resolve sources of buyback risk uncertainty in order to loosen the market’s grip on tight credit conditions, according to a white paper issued this week by Moody’s Analytics and the Urban Institute. Disagreements over lender judgment calls, post-underwriting chances in circumstances and nitpicking over trivial mistakes by the two government-sponsored enterprises and the FHA have stepped up put-backs “in ways lenders cannot adequately address through better underwriting or pricing,” note paper co-authors Mark Zandi and Jim Parrott. In 2011 and 2012, Fannie and Freddie together required...

The House Republic legislation to eliminate the government-sponsored enterprises and replace them with private capital has no chance of passing in the Senate, according to Sen. Bob Corker, R-TN. He said the bipartisan approach he crafted with Sen. Mark Warner, D-VA, has a better chance of passing through Congress and maintaining wide availability of 30-year fixed-rate mortgages. “Going to a completely privatized system today to me is not something that has one chance of passing,” Corker said late last week in a conversation with Warner, hosted by Zillow. Corker was referring to H.R. 2767, the Protecting American Taxpayers and Homeowners Act, which the House Financial Services Committee approved in July. The bill isn’t on the House’s fall legislative agenda. “What Mark and I have done is...

A federal district court judge in Manhattan this week rejected Wells Fargo’s plea to dismiss a lawsuit alleging it lied about the quality of home loans submitted to the Department of Housing and Urban Development for FHA insurance over a 10-year period. District Court Judge Jesse Furman allowed government claims under the Financial Institutions Reform, Recovery and Enforcement Act of 1989 to proceed but ruled that legal injury claims based on events that transpired before June 2009 were time-barred and that the government had waited too long to file a lawsuit. The judge also threw out claims of negligence and unjust enrichment. The government filed...

Two top Democrats on the Senate Committee on Banking, Housing and Urban Affairs called upon the FHA to revise its eligibility policy to enable more distressed borrowers to qualify for loan modification. Senate Banking Committee Chairman Tim Johnson, D-SD, and Sen. Elizabeth Warren, D-MA, urged FHA Commissioner Carol Galante in a letter to eliminate a provision that requires borrowers to be “currently employed” in order to receive loss mitigation assistance from the FHA. The FHA inserted the provision into the FHA guidelines for ...

Genworth U.S. Mortgage Insurance has stepped up its competition with the FHA in the home purchase market by announcing reduced rates and the elimination of certain overlays to make it easier for customers to deliver loans through the government-sponsored enterprises’ automatic underwriting systems. Effective on Sept. 16, the credit policy changes closely align Genworth’s requirements with those for loans approved by Fannie Mae’s Desktop Underwriter or Freddie Mac’s Loan Prospector. Specifically, Genworth will expand guidelines for its Simply Underwrite program to enable lenders to offer affordable low-downpayment financing to ...

The Office of Management and Budget has cleared a proposed rule setting qualified mortgage standards for FHA-insured single-family mortgages for issuance in the coming weeks. The OMB signed off on the proposed standards on Sept. 12 and the Department of Housing and Urban Development has a few more refinements to perform before publishing the proposal for public comment. HUD declined to discuss the contents of the proposed standards or indicate a timetable for a final QM rule. Industry participants, on the other hand, said they would be surprised if ...

The end of the fiscal year is drawing near, which means in a couple of weeks the FHA again will be in the hot seat as Congress, mortgage industry participants and consumer groups pore over the results of the latest fiscal year audit of the FHA’s Mutual Mortgage Insurance Fund. This time, stakeholders might find some encouraging data, observers say. The findings of the FY 2012 actuarial review conducted by Integrated Financial Engineering, Inc. brought a lot of heat on the FHA and the Department of Housing and Urban Development, reigniting calls for FHA reforms in the House and the Senate. Reform bills are currently ...

The Department of Housing and Urban Development’s top internal cop has criticized the department before a congressional panel for its poor oversight of FHA’s single-family programs, particularly in short sales and disposition of real estate-owned properties. Testifying before the House Financial Services Subcommittee on Oversight and Investigations, HUD Inspector General David Montoya said the department continues to face challenges in ensuring its single-family programs benefit eligible participants and are not paying improper claims. In a recent review of FHA’s preforeclosure sales program, the IG estimated that ...

Federal housing regulators and Congress may have relied on inaccurate and outdated data while keeping track of FHA loan defaults and identifying potential risk to the FHA insurance fund, according to a report from the Department of Housing and Urban Development’s Office of the Inspector General. The HUD IG said it initiated an audit after observing delayed reporting of default information on loan histories. The OIG performed the audit between November 2012 and July 2013. HUD did not comment on the report.The department requires lenders to report monthly all loans that are 30 days past due. Prompt and accurate reporting provides ...