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HUD OIG Issues Alert Regarding Use of Inflated Appraisals in HECM Refis

November 30, 2015
George Brooks
The HUD IG said it has investigated a number of HECM lenders suspected of using inflated appraisals in refinance transactions.
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Short Takes: Two is the Loneliest (FHA) Number / Three Banks Out of 20 / If You’re Funding $1 Billion or More, Time to Hire an Attorney? / Cross-Selling Under Fire?

November 30, 2015
Paul Muolo
At one point should a mortgage originator hire a full-time attorney to oversee compliance?
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FHA Enjoys a Robust Year as MIP Cut Boosts New Loan Originations

November 25, 2015
The first nine months of 2015 have seen a tremendous increase in FHA single-family originations as borrowers took advantage of a 50 basis-point premium reduction implemented earlier this year, according to Inside FHA/VA Lending’s analysis of agency data. Total FHA loan production during the first nine months of 2015 was up a whopping 81.3 percent increase. Data also showed a 13.1 percent increase in the third quarter from the prior quarter. It is hard to imagine that back in February this year, we reported a dismal ending for 2014, where overlays and high-loan costs caused an 8.1 percent decline in FHA endorsements in the fourth quarter and a 36.6 percent drop from 2013. In 2015, FHA fixed-rate originations increased 12.7 percent from the second to the third quarter, and rose 86.0 percent on a year-to-date basis. In 2014, conversion ... [ 2 charts ].
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Actuarial Report Positive on MMIF; Pricing Adjustment More Likely?

November 25, 2015
Despite FHA’s denial of further mortgage insurance premium reductions any time soon, stakeholders are holding out hope for another cut in the near future. Those supporting the idea of another pricing adjustment say it could open the door wider for more borrowers to use the FHA single-family program and generate the volume needed to offset any potential revenue loss that may result from the reduction. But Housing and Urban Development Secretary Julian Castro and his top officials have denied any plans of reducing MIPs. Castro has called such talk “premature,” despite a positive FY 2015 actuarial evaluation of the FHA’s Mutual Mortgage Insurance Fund, which some claim could be used to justify another premium reduction. Principal Deputy Assistant Secretary for Housing and Interim FHA Chief Ed Golding, in a press briefing, said the focus is elsewhere and not on ...
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MMIF Stronger Because of HECM Despite Volatility in Recent Years

November 25, 2015
Though the Department of Housing and Urban Development strongly highlighted the positive aspects of the FY 2015 actuarial report on the state of Mutual Mortgage Insurance Fund, it also downplayed the impact of the Home Equity Conversion Mortgage portfolio on the latest projections. FHA’s volatile HECM portfolio has had an unpredictable impact on the MMI Fund – a drag in some years and a boost in others. According to the report, the actuarial value of HECM capital has swung dramatically over the last four years and stood at $6.8 billion in FY 2015, up from negative $1.2 billion in fiscal 2014. The 6.44 percent spike in HECM gains helped boost the MMI Fund’s capital reserve ratio to 2.07 percent, in excess of the minimum 2.0 percent capital requirement. Excluding HECMs, the FHA fund – and the forward portfolio – would be at 1.6 percent, below the 2.0 percent threshold. The ...
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FHA Issues Interim Guidance for Approving Condo Recertifications

November 25, 2015
The FHA has issued temporary guidance for approving condominium projects for agency financing – a good first step, according to industry groups. Stakeholders have been waiting for a broader rewrite of the condominium rules for years, and they see the interim guidance as limited but positive. Announced on Nov. 13, the guidance is in place for a year while the FHA works on a more comprehensive rule that addresses all condominium lenders’ concerns. The temporary guidelines modify the requirements for condominium project recertification. It can cost up to $3,000 and, in some cases, take more than a year, to complete a condominium recertification project. The certification is good for only two years. Condo projects run afoul of FHA rules when the certification lapses, rendering the ...
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NYDFS Fines VA Lender $1 Million, Bars Firm from Further Lending

November 25, 2015
New York financial regulators have barred VA lender New Day Financial from doing any more business in the state for allegedly cheating on state-required continuing-education courses and examinations. The New York Department of Financial Services slapped the Fulton, MD-based lender (also doing business as New Day USA) with a $1 million fine and ordered it to surrender its mortgage banker’s license. The department accused top New Day executives as well as current and former employees of perpetrating an elaborate cheating scheme whereby compliance staffers took the required education courses and exams on behalf of senior managers and loan officers. According to state regulators, the cheating happened on numerous occasions and involved at least 20 New Day loan originators. The MLOs shared screen-shots of questions included in the National Multistate Licensing System and Registry (NMLSR) exams and ...
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VA Issues Servicing Guidance for Conveying Property in Florida

November 25, 2015
The Department of Veterans Affairs has issued new guidance for submitting title documents to the VA when conveying a property in Florida. The servicing guidance addresses potential lien problems in relation to past due and unpaid homeowners association obligations. As part of conveying a property in the Sunshine State, documentation must be complete and in order so that VA can validate a clean title that will be acceptable to lenders, buyers, title companies and attorneys in the community where the property is located. Thus, property conveyance usually involves providing an owner’s title-insurance policy with no exclusions, other than for taxes that have not yet been billed but may be accrued against the property. Under Florida law, if an HOA is properly named in the foreclosure, a borrower or its assignees or successor-in-interest is only required to pay the lesser of either the ...
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Correction Delay Causes HUD IG to Fail FY 2015, Restated Financials

November 25, 2015
It may take Ginnie Mae a bit longer than expected to make all the accounting corrections necessary before the Department of Housing and Urban Development’s inspector general to render a clean opinion on the guarantor’s fiscal 2015 financial statement and its restated financials for FY 2014. In fact, Ginnie might have to make some significant long-term investments to address the IG’s accounting concerns, said Thomas Weakland, acting chief financial officer at Ginnie Mae. The agency may have to spend on new technology and infrastructure, and beef up its staff “spanning multiple years” to remediate all of the IG’s concerns, said Weakland. However, Weakland did not state a timeline for making all the necessary corrections and adjustments. Until the IG is fully satisfied with the restatement, it will continue to withhold an audit opinion. “We recognized some of the efforts made and the constraints that ...
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Around the Industry

November 25, 2015
Menendez Introduces HAWK Amendment in T-HUD Appropriations Bill. The National Association of Realtors recently sent a thank-you note to Sen. Robert Menendez, D-NJ, for introducing an amendment to H.R. 2577, the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act of 2016, to restore HUD’s authority to offer the Homeowners Armed with Knowledge (HAWK) program. Lawmakers who were concerned about the financial condition of the FHA Mutual Mortgage Insurance Fund denied funding for the HAWK program last year in a continuing spending bill, effectively stalling the program for a year. The HAWK program is a key component of the FHA’s Blueprint for Access, which was designed to open up the credit box for underserved borrowers. Specifically, program participants will benefit from reductions in FHA premiums once they complete ...
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