Lenders will face increased fair-lending scrutiny even if they stick to originating loans that meet qualified-mortgage requirements, according to industry attorneys. While federal regulators have stated that a lender’s QM-only policy won’t increase fair-lending risk, a number of factors beyond QMs have prompted an increased focus on fair-lending issues. During a webinar this week hosted by Inside Mortgage Finance, Andrew Sandler, chairman and executive partner at the law firm of BuckleySandler, said he has never seen regulators work more closely together on fair-lending issues. The Consumer Financial Protection Bureau, the Department of Justice and the Department of Housing and Urban Development are doing joint investigations. Sandler said...
Mortgage bankers are concerned how the proposed FHA fee will be applied and whether it may cause lenders to become even more cautious and less incented to use the full FHA credit box.
The year’s top five FHA lenders – Wells Fargo, Quicken Loans, JPMorgan Chase, Freedom Mortgage and Bank of America – combined for 21.9 percent, or $46.0 billion, of total agency production, down 34.6 percent quarter over quarter.
Slowing refinance activity and higher mortgage insurance premiums took a toll on FHA loan production in the fourth quarter of 2013, according to Inside FHA Lending's analysis of FHA data. Overall FHA endorsements fell 24.3 percent from the third quarter as the year ended with $210.0 billion. This was down 9.6 percent from total FHA loans originated in 2012. The year-s top five FHA lenders -- Wells Fargo, Quicken Loans, JPMorgan Chase, Freedom Mortgage and Bank of America -- combined for21.9 percent, or $46.0 billion, of total originations, down ... [includes one chart]
Issuance of mortgage-backed securities with a Ginnie Mae guaranty fell in the fourth quarter, with most issuers showing significant decreases from the previous quarter. Ginnie Mae issuances saw a hefty 28.0 percent decline quarter over quarter, with the top five issuers -- Wells Fargo, Chase Home Finance, PennyMac, Freedom Mortgage and Quicken Loans -- recording substantial decreases during the period. There is speculation that slower FHA refinancing activity, FHA policy changes and the premium hike that took effect in June last year might have caused the decline in Ginnie Mae issuance. Ginnie Mae data showed monthly issuance peaking in June at $41.0 billion, progressively dropping over the next few months and finally settling at $22.3 billion at the end of December. Ginnie Mae MBS issuances totaled $393.2 billion in 2013, down 2.4 percent compared to 2012 business. The FHA share of issuances was ... [including one chart]
The Civil Division of the U.S. Attorney's Office for the Eastern District of New York is investigating Bank of America's compliance with the requirements of the FHA's Lender Direct Endorsement program. BofA disclosed the investigation in its recent filing with the Securities and Exchange Commission but withheld details. Department of Justice investigations of FHA-related fraud are based typically upon an alleged violation of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) and/or the False Claims Act (FCA). Civil monetary penalties under FIRREA could go as high as $1.1 million per violation while treble damages are potentially available for FCA claims. Both laws have a 10-year statute of limitation. As a direct endorsement lender, BofA is authorized to originate, underwrite and certify loans for mortgage insurance without further reviews by the FHA or the Department of Housing and Urban Development. If the loan defaults, the holder of the loan may ...
Ginnie Mae has expressed concern about a new FHA policy accepting electronic signatures on most mortgage documents and will seek input and feedback from issuers. In a memo to participants this week, the agency said electronic documents "present unique challenges to implementation." In a Jan. 30 mortgagee letter, the FHA announced that it would begin accepting electronic signatures on most loan docs, including loan disclosures and loan servicing/loss mitigation documents. The FHA said it will accept electronic signatures only on "authorized" docs but delayed their use on notes until Dec. 31, 2014. This delay reflects considerations that are necessary in connection with electronic notes (eNote) and electronic mortgages (eMortgages), said Ginnie Mae. An electronic signature is a signature that is applied or affixed to a document by electronic means. Scanned images of paper docs that bear a physical or "wet" signature are not ...
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