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FHA Codifies Key Changes to HECM Rules, Issues New Program Policies

January 20, 2017
The Department of Housing and Urban Development has codified significant changes to the Home Equity Conversion Mortgage program that have reduced risks to both FHA and reverse mortgage borrowers. Specifically, the rule codifies existing HECM policies implemented by mortgagee letters, implements statutory changes, issues new origination and servicing policies, and clarifies existing regulatory language. HUD said it has established an eight-month lead time between the publication of the final rule and the effective date, Sept. 19, 2017, to provide lenders enough time to understand the rule and plan for necessary changes. The grace period also allows time for FHA to issue guidance and make system changes. The National Reverse Mortgage Lenders Association expressed support for the final rule. “Personally, I am glad to see this final rule get out the door,” said NRMLA President and ...
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DOJ’s Top FCA/FIRREA Prosecutor Agrees to Another Term at SDNY

January 20, 2017
Preet Bharara, the Department of Justice’s top prosecutor of FHA fraud and legacy mortgage-backed securities cases, has accepted President Donald Trump’s request to stay on as US Attorney for the Southern District of New York. The question is whether Bharara, who was nominated by President Obama in 2009, will be as aggressive as he was under the previous administration in holding FHA lenders accountable for faulty business practices that result in huge taxpayer losses. Since 2009, Bharara’s aggressive enforcement has resulted in cases filed against large and regional FHA lenders alleging fraud in violation of the False Claims Act and the Financial Institutions Reform, Recovery, and Enforcement Act. Except for two cases that went to trial, all the other FCA/FIRREA cases against FHA lenders ended in consent orders and huge settlements. The DOJ’s (and Bharara’s) vigorous enforcement of the two statutes, both of which provide for hefty monetary penalties, have forced many larger banks to exit the ...
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HFAs to Benefit from FHA Premium Cut, Wage Growth Says Moody’s

January 20, 2017
The 25-basis-point decrease in the FHA’s annual insurance premiums translates not only to annual savings for homeowners but also boosts the competitiveness of housing finance agency loan products, according to a new report from Moody’s Investors Service. The report regards the latest FHA pricing adjustment as credit positive for housing finance agencies (HFAs) because it would make FHA loans more affordable to borrowers and increase HFA loan originations. The announcement to reduce the annual mortgage insurance premium to its lowest allowable level took stakeholders by surprise. In November, FHA had no plans to lower premiums despite an uplifting actuarial report on the condition of the Mutual Mortgage Insurance Fund. This week, however, there is uncertainty as to whether the Trump administration will allow the reduced premiums to take effect for new loans closing on or after ...
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Ex-FHA Chief Suggests Common Standards for FHA, VA, USDA, GSEs

January 20, 2017
A former FHA commissioner is calling for a common national housing policy and regulations, as well as aligned capital standards for FHA and the government-sponsored enterprises in lieu of the current regulatory regime – an idea first put forth by the Mortgage Bankers Association. Brian Montgomery, former assistant secretary for housing and FHA commissioner in the second Bush administration, said the nation’s homebuyers are at a disadvantage due to the lack of a unified, detailed plan for the housing finance system. Montgomery, a current contender for a top executive position at the Department of Housing and Urban Development, urged President Trump to create a new Office of National Housing Policy to develop a “unified and collaborative approach to our nation’s housing policy, including homeownership and subsidized rental housing.” “The prevailing view within the ...
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E-Submission Required for VA Prior-Approval Loan Documents

January 20, 2017
Effective Feb. 13, 2017, VA lenders will be required to submit prior-approval mortgage loans electronically through the WebLGY system to improve the prior-approval process. Currently, lenders mail their prior-loan approval packages to the regional loan center that has jurisdiction over loan underwriting – a tedious, time-consuming process. Electronic submission will help speed things up, the VA indicated. Lenders must follow the guidelines for prior approval and stacking order in the VA’s Lender Handbook. In addition, lenders must furnish a cover letter with the uploaded package stating the reasons for the prior approval and explaining any unique circumstances. The cover letter also must include the submitting underwriter’s name, phone number and email address as well as contact information for the underwriter’s manager. The lender must ensure that the file contains the correct and complete ...
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Around the Industry

January 20, 2017
Nonprofits Seek FHA Data on Reverse Mortgage Foreclosures at Steve Mnuchin’s Former Bank. Two nonprofit groups have submitted a Freedom of Information Act request regarding Financial Freedom’s history of reverse mortgage foreclosures. Financial Freedom is a reverse mortgage service owned previously by Steve Mnuchin, President Donald Trump’s nominee for U.S. Treasury Secretary. The two groups, California Reinvestment Coalition and the Jacksonville Area Legal Aid, Inc., have asked the FHA for data on Home Equity Conversion Mortgage foreclosures. The data request includes the number of HECM foreclosures in each state by the industry as a whole, and by Financial Freedom since April 2009, as well as the number of spouses who have invoked FHA’s option to remain in their homes after the death of their borrower spouse. NY Governor Announces Plan to Protect Seniors from ...
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Nonbanks Increased Agency Servicing by Almost 22 Percent in 2016

January 19, 2017
John Bancroft
Nonbank servicers have a particularly big footprint in the Ginnie market, accounting for 53.6 percent of servicing outstanding at Dec. 31…
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Trump Administration Expected to Freeze Cut in FHA Mortgage Insurance Premiums

January 19, 2017
The Trump administration is expected to put a temporary freeze on the 25 basis point cut in FHA annual premiums that is scheduled to take effect Jan. 27. One industry source noted: “On Jan. 20, President Trump will be issuing an executive order that freezes all past actions over a certain period of time. The FHA premium reduction gets swept into this.” Sources told...
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PHH Corp. Convinces Appeals Court to Let It Respond to Government’s Brief in CFPB Dispute

January 19, 2017
The U.S. Court of Appeals for the District of Columbia Circuit last week gave PHH Corp. the green light to weigh in on the legal arguments the Justice Department made late last year in support of the Consumer Financial Protection Bureau’s petition for an en banc rehearing of its dispute with the lender. The appeals court did so over the objections of the CFPB, and with 11 of the 12 judges in agreement and one not participating. PHH had argued that it ought to be able to respond to the second of two government arguments in favor of the review. Privately, some industry insiders thought...
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Trump May Ice the FHA MIP Cut, At Least for Now

January 18, 2017
Paul Muolo
One industry source noted: “On January 20, President Trump will be issuing an executive order that freezes all past actions over a certain period of time. The FHA premium reduction gets swept into this.”
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