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VA Lenders Raise Concerns About Agency’s QM Rule

May 23, 2014
The Department of Veterans Affairs said there may be a need for further clarification of its newly issued qualified mortgage (QM) rule to allay lender fear of potential liability if they originate VA streamlined refinances, also known as Interest Rate Reduction Refinance Loans (IRRRL), with a rebuttable presumption. Industry sources say VA lenders remain apprehensive despite assurances by agency officials that little has changed in the VA lending process as a result of the agency’s interim final rule. VA issued its QM document on May 9 in compliance with the Dodd-Frank Act, defining the types of VA loans that are “qualified mortgages” for purposes of the new ability-to-repay (ATR) provisions of the Truth in Lending Act. The Act also imposed similar requirements upon the FHA and the Department of Agriculture for the loans they insure or guarantee. The agency said it issued the rule on ...
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Downtrend in VA Lending Continues in 1Q14

May 23, 2014
The slowdown in VA activity in the last quarter of 2013 spilled over into the first quarter of this year as lenders reported a 13.0 percent decline in loan production during the period, according to an Inside FHA Lending analysis of agency data. The downward trend in volume began at the end of the first quarter last year although VA still considered 2013 a record year for VA originations. VA lenders reported $19.5 billion in total production for the quarter, down from $22.4 billion in the previous quarter. Production, likewise, dropped 47.9 percent this year compared to the same period last year. Despite the slowdown, lenders remain optimistic about the VA market. “We have spent a lot of time understanding the perils of lending to veterans and learning to deal with the losses, and we are all in with VA lending,” said one lender. “When you do VA loans you talk about having ... [1 chart]
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VA Mulls New Fee Rules in Response to Concerns

May 23, 2014
The Department of Veterans Affairs is studying the impact of fees and may propose alternative regulations to amend the current structure, according to agency officials. In a briefing with the National Association of Realtors, VA staff attorney Erica Lewis said the agency has begun looking at the fees VA charges in response to complaints from some lenders. During the briefing, some NAR members expressed concerns that some of the VA loan requirements, such as pest inspections, disadvantage veterans because they may dissuade sellers from accepting offers that could potentially create additional fees, which cannot be paid by the homebuyer. Lewis also suggested that real estate agents request a waiver from the VA field office nearest to the location of the property being purchased to ...
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Ginnie Mae Clarifies General Loan Buyout Policy

May 23, 2014
Ginnie Mae has issued a clarification as to when issuers can buy certain loans out of the pool and redefined certain familiar terms used by government agencies in insuring or guaranteeing mortgage loans. The agency’s mortgage-backed securities guide allows issuers to purchase loans out of pools when the borrower has missed three consecutive monthly mortgage payments or is 90 days past due. However, the guide is unclear whether the issuer must wait at least three months before buying a loan out of the pool if the borrower is making at least a partial payment while the loan is in default. Ginnie Mae made clear in a May 16 memo that issuers may purchase a loan from an MBS pool even though it is seriously delinquent. For example, if the last installment payment on a mortgage loan was Dec. 1 and the borrower missed payments in ...
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FHA Proposes to Align ARM Rules with CFPB Rules

May 23, 2014
The FHA has proposed to bring its adjustable-rate mortgage (ARM) rules in line with those of the Consumer Financial Protection Bureau to enable FHA lenders to comply with the new servicing requirements under the Truth in Lending Act. Specifically, two proposed changes would align both agencies’ interest-rate adjustment and disclosure-notification regulations for ARM borrowers as required by the revised TILA. The CFPB issued its final TILA servicing rule in February 2013 but delayed the effective date for another year to allow the Department of Housing and Urban Development sufficient time to write rules for new notification requirements for FHA-insured ARMs with a 30-day look-back period. Hence, FHA ARMs must comply with the new TILA rule on or after Jan. 10, 2015. The FHA insures 1-, 3-, 5-, 7- or 10-year ARMs. The CFPB’s revised look-back period and notification requirements would ...
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HUD to Auction $4.8 Billion in Nonperforming Loans

May 23, 2014
The Department of Housing and Urban Development is planning to auction $4.8 billion of nonperforming single-family mortgage loans in two offerings under the FHA Single Family Loan Sale (SFLS) initiative. The auction – HUD SFLS 2014-2 – will be next month. A national offering of roughly 23,200 loans totaling $4 billion in unpaid principal balance is scheduled for a bid on June 11. The second part of the auction is an offering of 4,800 loans totaling $800 million in UPB in designated geographic areas that are aimed at a neighborhood stabilization outcome or “NSO-targeted” loan pools. Bidding will be on June 25. The eight NSO regions for the June offering are Atlanta, Chicago, Detroit, Miami, Philadelphia, San Antonio, San Bernardino County, CA, and Cumberland County., NJ. SEBA Professional Services, a woman-owned contracting firm, has ...
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Only Approved Lenders May Subservice 203(k) Loans

May 23, 2014
Only an approved lender-servicer may subservice FHA 203(k) rehabilitation mortgages and their escrow accounts, according to a reminder issued this week by the FHA. The FHA said one of the functions of a servicer of FHA-insured property rehabilitation loan is to service the loan’s escrow account. The same rule applies when servicing is delegated to another party, the agency said. The FHA allows an approved FHA servicer to farm out the work as long as the delegated third party is also agency-approved. HUD regulations state that the lender remain fully responsible for proper servicing and that the subservicer’s actions is also considered to be the actions of the lender. The FHA further reminded lenders of the importance of updating FHA systems with any mortgage record changes as outlined in previous guidance. HUD requires that FHA systems ...
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Donovan Named to OMB Post, TX Mayor to HUD

May 23, 2014
President Obama is expected to announce his intent to nominate Housing and Urban Development Secretary Shaun Donovan as director of the Office of Management and Budget and San Antonio Mayor Julian Castro to replace him. If confirmed by the Senate, Castro would be the second Hispanic after Henry Cisneros to assume the top post at the Department of Housing and Urban Development. Also a former mayor of San Antonio, Cisneros served as HUD secretary during the Clinton administration from 1993 to 1997. Currently in his third term as mayor, Castro is a strong advocate of affordable housing, neighborhood revitalization, inner-city investment and child education and works closely with the San Antonio Housing Authority. San Antonio mortgage bankers said they have had little interaction with Castro, who, they say is “big on housing issues.” “We’re hoping to hear a little bit more about his ...
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Appropriations Panel Approves HUD Budget, but Bans Eminent Domain, HAWK

May 22, 2014
George Brooks
But legislators denied federal funding for a new pilot program – Homeowners Armed with Knowledge – that would broaden use of housing counseling tied to FHA originations and servicing.
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HUD to Unload $4.8 Billion of Nonperforming Mortgages in June

May 21, 2014
Paul Muolo
The HUD auction has two parts: A national offering of roughly 23,200 loans and a Neighborhood Stabilization Outcomes Pool of 4,800 notes.
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