The appraisal industry is opposed to a legislative proposal that would make changes to how appraisals are procured for the VA home loan program. The appraisal measure is one of the key provisions in H.R. 299, the Blue Water Navy Vietnam Veterans Act, which the House of Representatives passed by a vote of 382-0 in June. The bill is now pending in the Senate Committee on Veterans’ Affairs. The Blue Water Act would clarify presumptions relating to veterans’ exposure to herbicide, such as Agent Orange, during the Vietnam era and disability claims. The bill also proposes changes to the VA loan fee structure, including a proposed hike to the fees veterans, servicemembers and their spouses pay to obtain a VA-guaranteed home loan. The appraisal provision in H.R. 299 would allow VA appraisers to engage a third party to perform property inspections on their behalf. The provision addresses a problem with ...

Capital Proposed Rule Comment Period Extended to November. The Federal Housing Finance Agency announced this week that it is extending the public comment period for the agency's proposed rule on Enterprise Capital Requirements by an additional 60 days. The previous deadline for comments was Sept. 17, 2018. The new deadline will be Nov. 16, 2018. FHFA extended the public comment period “due to the high level of interest in the proposed rule and requests from multiple stakeholders for more time to evaluate it.” GSE shareholders group Investors Unite, said, “However complex capital standards are, professionals who dwell in this policy area every day should be able to offer their views within a three-month window.”

The Senate Committee on Veterans Affairs is considering legislation that would raise the fee paid by veterans, servicemembers and reservists for having a VA guarantee on a mortgage loan. Proposed adjustments to the VA home loan fee is in H.R. 299, the Blue Water Navy Vietnam Veterans Act of 2017, which the House of Representatives approved on June 25. The bill primarily extends the presumption of service-related disability due to exposure to herbicides ...

Although Rep. Jeb Hensarling, R-TX, has vowed to introduce Fannie Mae/Freddie Mac reform legislation sometime this fall, industry stakeholders have shifted their focus to working with the executive branch on the issue. Trade groups have given up on the idea of Congress coming up with a workable solution, believing that change will occur administratively with the Treasury Department working in tandem with the Federal Housing Finance Agency. This belief covers not only ...

Lenders will be asking the Department of Housing and Urban Development to clarify the eligibility of borrowers with deferred immigration status for an FHA-insured loan. A mortgage industry trade group is currently drafting a letter on “a series of technical FHA handbook recommendations,” including greater clarity on loan applications submitted by borrowers registered under the government’s Deferred Action for Childhood Arrivals (DACA) program. DACA status was offered to children who were brought illegally into the U.S. by their parents or guardians but have been in the country for most of their lives. The program was created by the Obama administration as a way for recipients to work legally in the country while Congress could agree on what to do with them. The program faces uncertainty after President Trump rescinded it in September last year as part of his administration’s zero-tolerance immigration ...

The U.S. Department of Agriculture wants to begin charging lenders a fee on each guaranteed rural-housing home loan beginning Jan. 2, 2019, to fund future information-technology upgrades. In a notice published in the July 13 Federal Register, the agency said it expects to levy a $25 user fee for using the Rural Housing Service’s automated loan-guarantee systems. Comments are due Sept. 11, 2018The fee collection is authorized under the 2016 Housing Opportunity Through Modernization Act as a “technology fee” to improve program delivery and “reduce burden to the public.” The authorized fee can be up to $50 per loan. It will be collected at closing. The Department of Housing and Urban Development has been trying unsuccessfully to obtain authority from Congress to charge a similar fee to modernize its aging information technology. The USDA said it would notify lenders before the ...

The House of Representatives this week passed legislation extending the National Flood Insurance Program for another four months, while a House committee reported out a bill revising the definition of “points and fees” under the federal Truth in Lending Act.

A federal court held this week that the single-director structure of the Federal Housing Finance Agency, headed by Director Mel Watt, violates the constitution. The ruling in Collins v. FHFA was handed down in Texas by a three judge-panel for the U.S. Court of Appeals for the Fifth Circuit. It represents the most recent major ruling in a number of Fannie Mae and Freddie Mac shareholder cases filed against the federal government. “We found, after an in-depth examination, that the FHFA is excessively insulated from executive branch influence and is, therefore, structured in violation of the Constitution,” the judges state in their 83-page ruling. And although Congress can create an independent agency, the court determined that elected officials cannot insulate...

The Milken Institute said the GSEs’ duty-to-serve policy is more complicated than other affordable housing reform issues because it forces the secondary market to boost lending in the primary market and assumes those private firms are underperforming. The conservative think tank published a paper this week authored by Michael Stegman and Phillip Swagel on the role of duty-to-serve in which it examined the policy and its potential impact on the mortgage market. While DTS currently encompasses manufactured housing, rural housing and affordable housing preservation, Milken said housing finance reform debates have centered on creating a DTS that includes areas beyond those three targets.

There was some discussion as to whether credit scores serve as a good mechanism to achieve cross subsidization as well as a need for better data to manage risks, during an Urban Institute panel discussion last week focused on subsidies and GSE pricing. Credit scores aren’t a good tool to achieve cross-subsidization, according to Andrew Rippert, CEO of Global Mortgage Group at Arch Capital. He said the goal should be to serve low- and moderate-income borrowers, not necessarily to subsidize people who make a lot of money but have bad credit scores and don’t manage their credit. “Our belief is that we can do a lot better if we were very explicit about the risk in the system with regards to FICO scores,” Rippert said.