The FHA is developing standards that would allow FHA financing on homes with existing Property Assessed Clean Energy liens going forward. Specifically, the guidance would require subordination of PACE financing to first-lien FHA mortgages. The FHA is also working on a monitoring mechanism to track the number of PACE loans with FHA insurance in the future, said a HUD spokesman. Mortgage market analysts say FHA’s action could lead to broader adoption of the PACE program for FHA-insured single-family homes. The Mortgage Bankers Association, in a statement, applauded the move. “This modification should allow some homeowners to install energy improvements in their home but not impede the rights of the first lien, something the original PACE program failed to consider,” said David Stevens, MBA president and CEO. PACE programs allow local governments to raise bond-funded financing to ...

A number of consumer-oriented organizations are urging members of Congress to defeat H.R. 1737, the “Reforming CFPB Indirect Auto Financing Guidance Act,” legislation they say would cripple the bureau’s ability to act against discriminatory auto lending practices. H.R. 1737, introduced this spring by Rep. Frank Guinta, R-NH, would require the CFPB to rescind its guidance from March 2013 regarding the fair lending risks associated with car dealer interest rate markups. The bill also would require the bureau to provide notice and take comments only for guidance related to auto lending through car dealers. Additionally, the legislation would make publicly available all information relied on by the CFPB, and redact any information exempt from disclosure under the Freedom of Information Act....

FHA Begins Registration of Lenders to Prepare their Transition to the EAD Portal. Lender registration for the transition phase of the new Electronic Appraisal Delivery portal began on Aug. 18. Lenders may select any of the seven onboarding phases, which FHA has established to ensure that lenders have more time to work within the EAD portal to ensure that their systems, data flow and operational process meet portal requirements before the June 27, 2016, mandatory-use date. Although lenders may enter at any phase they choose, the FHA strongly encourages lenders to register for the earliest onboarding phase, and to do it as soon as possible. That would give them more time to get ready for the full transition, the agency said. The first phase begins on Oct. 15, 2015, with additional phases beginning each month and running through the first half of 2016. Information on the onboarding phases as well as ...

Late last month, the House Financial Services Committee passed a handful of industry-sought measures related to the CFPB, including H.R. 3192, the Homebuyers Assistance Act. The legislation would provide a hold harmless period until Feb. 1, 2016, for the TILA/RESPA Integrated Disclosure (TRID) rule that is slated to take effect Oct. 3, 2015. Attorney Richard Andreano, a partner in the mortgage banking unit at the Ballard Spahr law firm, said in a client note that prospects in the Senate, however, are somewhat murky. “An existing bill, S. 1711 (which is a companion bill to H.R. 2213), would provide for a TRID rule hold harmless period until Jan. 1, 2016,” he said. “The bill was introduced on July 7, 2015, and ...

Fitch Ratings updated its criteria for estimating losses on mortgages in non-agency mortgage-backed securities this week. The main change for jumbo MBS involves the treatment of retail originations by lenders that have not been reviewed by Fitch. Previously, retail originations from such lenders would not receive positive consideration in the calculation for the probability of default. The rating service will now apply the retail benefit to ... [Includes three briefs]

A highway funding bill signed by President Obama late last week included a provision aimed at collecting more taxes related to interest payments on mortgages. The mortgage industry noted that it won concessions on the provision, delaying the implementation date and limiting the amount of data to be collected. The brunt of the new revenue also looks as though it will be collected from borrowers. H.R. 3236, the Surface Transportation and Veterans Health Care Choice Improvement Act of 2015, included a seemingly simple provision regarding the reporting of mortgage interest on IRS Form 1098. Servicers use the form to report mortgage interest of $600 or more received during a year. The highway funding bill will require...

The House Financial Services Committee has passed a number of mortgage-related bills designed to ease lenders’ liabilities by simplifying rules, reducing complexity and compliance costs, while a streamlined regulatory relief package gained new momentum in the Senate. Late last week, the committee reported out the following bills: H.R. 1210, (Portfolio Lending and Mortgage Access Act); H.R. 1941 (Financial Institutions Examination Fairness and Reform Act); and H.R. 3192 (Homebuyers Assistance Act). H.R. 1210 would modify...

The House Financial Services Committee this week marked up legislation to block pay raises for the top executives at Fannie Mae and Freddie Mac and to extend qualified-mortgage status to loans originated for an institution’s retained portfolio. H.R. 1210, the Portfolio Lending and Mortgage Access Act, introduced by Rep. Andy Barr, R-KY, would extend qualified-mortgage protection from litigation and enforcement actions for mortgages originated and retained in portfolio by depository institutions. “This would incentivize private-sector risk retention,” said Barr. Rep. John Carney, D-DE, said...

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 ...

Republican congressional leadership commemorated the fifth anniversary of the Dodd-Frank Act this week by bashing the massive legislation. But there was not a single mention of making any changes to the mortgage-related provisions in the law. However, Republican leaders of the House Financial Services Committee and the Senate Banking, Housing and Urban Affairs Committee demonstrated varying degrees of optimism about enacting broader changes to the controversial law. During a Dodd-Frank discussion forum early this week at the American Enterprise Institute, HFSC Chairman Jeb Hensarling, R-TX, in response to a question about the political prospects for reform, said...