A clause in a New York home-purchase contract excluding government-backed financing from seller consideration is raising potential disparate impact concerns. A residential-lending manager in Sarasota, FL, emailed Inside FHA/VA Lending a copy of the contract with the controversial language embedded in Section 8 under the heading “Mortgage Commitment Contingency.” The paragraph read in part, “… institutional lender agrees to make a first loan other than a VA, FHA or other governmentally insured loan, to purchaser …”. “The language makes clear that no government-backed loans such as VA, FHA or USDA are acceptable to the seller [of the property],” the lender, who requested anonymity, said. “It is pretty rampant as cash is king and no one on the selling side wants to wait for payment.” Apparently, such clauses are nothing new. In fact, they have been around for ...

The FHA has issued emergency guidance for handling loan applications in areas affected by the water contamination crisis in Flint, MI, while the VA called for special relief for affected Michigan borrowers. A spokesperson for the Department of Housing and Urban Development said FHA lenders have been seeking guidance on how to handle single-family housing properties with an FHA-insured mortgage that may be affected by the tainted water supply in Genesee County., MI. The FHA’s two-page guidance stated that a property in the affected areas must first meet the agency’s property acceptability standards. Lenders are required to ensure that each property has a continuing adequate supply of clean, safe and potable drinking water. In addition, they must make sure the property is safe to occupy and free of any health or environmental hazard. HUD’s Single Family Policy Handbook ...

The FHA will soon begin implementing system enhancements to the Electronic Appraisal Delivery (EAD) portal to improve its functionality further and to address user feedback. Use of the EAD portal becomes mandatory on June 27, 2016, when appraisers will begin to submit their appraisals electronically to FHA, reducing the time for processing and closing an FHA-insured loan. The FHA will implement the changes on March 14. First, reference to the six-digit alphanumeric “one-time key” used by a mortgagee’s designated EAD administrator to log into the EAD portal will be changed to “appraisal portal one-time key.” References to the key will be revised throughout the EAD portal screens and system-generated messages. The appraisal portal’s one-time key is generated in FHA Connection and is the last step in the initial EAD login process. In addition, users will be given a ...

The FHA’s Home Equity Reverse Mortgage Information Technology (HERMIT) system will shift to a new vendor-operated host data center beginning March 21, 2016. Reverse Market Insight (RMI), a provider of data, analysis and portfolio valuation services for the reverse mortgage industry, has been tapped to manage, maintain and operate HERMIT. Launched in October 2012, HERMIT is an online, web-based automated system that monitors and tracks the FHA’s Home Equity Conversion Mortgage portfolio and automates insurance claim payments. HERMIT will shut down temporarily from 7 p.m., March 16, to 8 a.m., March 21, in order to complete the transition. The FHA said there would be no changes to the system’s functionality during transition to the host data center. User IDs and passwords for accessing HERMIT will remain unchanged. Following HERMIT’s transition to the ...

In hopes of clearing up some disputes among banks about the effectiveness of property evalua-tions, federal banking regulatory agencies clarified when it is appropriate to use evaluations in place of the more detailed appraisals in real estate transactions. The Office of the Comptroller of Currency, along with the Board of Governors of the Federal Reserve System and the Federal Deposit Insurance Corp., said in a joint advisory last week that there are three types of transactions where an appraisal is not required and an evaluation is permitted. The agencies did point out that an appraisal may be necessary for secondary-market transactions. Home price is the first consideration. Evaluations can be used in transactions in which the loan...

Bank of America introduced a new affordable lending program last week that allows 3 percent downpayments and no required reserve funds in most instances. The bank partnered with Freddie Mac and Self-Help Ventures Fund, a Durham, NC-based nonprofit, to offer conforming loans to borrowers whose income doesn’t exceed 100 percent of the area median income. There’s also no private mortgage insurance on the loans as “Self-Help Ventures Fund is taking the first loss position in the event of a loan default through a recourse agreement,” said a Freddie spokesman. The Affordable Loan Solution mortgage was designed to let creditworthy homebuyers who meet specific income limits and other requirements to become homeowners at an affordable entry point, said...

The 11 surviving Federal Home Loan Banks posted a significant increase in net income during the fourth quarter of 2015, along with a surprising jump in advances. The Office of Finance reported that the FHLBanks generated $673 million in net income during the fourth quarter, a 39.0 percent increase from the prior period. That brought year-to-date income to $2.850 billion, a 26.6 percent gain from 2014. Non-interest income was up sharply last year in large part because of settlements related to FHLBank investments in soured non-agency mortgage-backed securities, which brought in $688 million in 2015, mostly in the first half of the year. Legal settlements accounted for...

Publicly-traded nonbank mortgage lenders posted erratic results from their mortgage-banking operations during the fourth quarter of 2015. As a group, the nine companies reported a combined $54.08 million in mortgage-banking income for the fourth quarter, a significant improvement from the $26.26 million loss they posted in the previous quarter. But three of the nonbanks – Impac, Ocwen and PHH Corp. – recorded losses on their mortgage origination ... [Includes one data chart]

Despite the desire of mortgage lenders to preserve or expand their origination business this year, many are anxious about increasing compliance risk and more competition, according to a recent survey by Fannie Mae. Of those lenders responding, 88 percent said they are looking to grow their mortgage origination business, continuing a trend from the prior year, versus just 12 percent indicating they want to maintain current levels. No lenders expressed an intention to downsize or ...

Commercial banks and thrifts continued their years-long retreat from the business of servicing home mortgages for other investors, and some observers are questioning whether nonbanks are strong enough to pick up the slack. As of the end of 2015, banks and thrifts serviced $4.054 trillion of single-family mortgages for other investors, according to a new Inside Mortgage Trends analysis of call-report data. That was down $84.3 billion, or 2.04 percent ... [Includes one data chart]