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FHA Seeks Comment on New Enforcement Regime

July 12, 2013
The FHA has proposed measures to strengthen its oversight of FHA lenders and each measure could potentially increase lenders’ liability and compliance risk, compliance experts warned. Published for comment in the July 9 Federal Register, the proposals are part of a new enforcement regime that the FHA is considering to monitor and sanction lenders. They cover statistical sampling, origination quality standards, annual reviews, compare ratios, and indemnification and other remedies for loan defects. The proposed enforcement measures, however, raise a ...
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NY Freezes MIP Policy, Clarifies Subprime Rules

July 12, 2013
The New York State Department of Financial Services has directed FHA lenders to refrain from applying the FHA’s higher mortgage insurance premiums in calculating a loan’s annual percentage rate and fully indexed rates for 60 days to prevent loans from becoming “high cost” or subprime. At the same time, the department issued guidance to conventional lenders on how to interpret existing provisions in state banking law regarding subprime loans. Statutory changes were made in 2009 to prevent some loans from becoming “subprime,” as defined by state law. Spikes in mortgage interest rates in the past few weeks plus ...
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Post Review Finds Many Materially Defective Loans

July 12, 2013
A post-endorsement review of FHA loans during the first quarter of 2013 has revealed a high percentage of materially defective loans.The defects apparently went undetected during the underwriting process and were uncovered only during a loan-level review that the FHA routinely conducts to ensure that newly originated, higher-risk loans comply with agency requirements. The Department of Housing and Urban Development’s Office of Lender Activities and Program Compliance reported that 44 percent of 6,251 single-family mortgage loans that were reviewed in the first ...
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VA Backs Principal Reduction in Loan Modification

July 12, 2013
The Department of Veterans Affairs has urged holders and servicers of home loans with a VA guaranty to consider principal reduction when evaluating a distressed loan for possible modification. In a recent circular, the VA noted that it is not able to reimburse any principal reduction because a VA claim is payable only upon termination of a loan, and any forgiven amount is no longer part of the borrower’s mortgage debt. However, principal reduction in a loan modification may produce a higher expected return for a servicer than termination of the loan, the VA said. This is especially true when the sum of the ...
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FHA Adopts MISMO Standards for TOTAL

July 12, 2013
The Department of Housing and Urban Development is adopting the mortgage banking industry’s data standards format for the FHA’s TOTAL Mortgage Scorecard, which HUD uses to evaluate the credit risk of FHA loans that are submitted through an automated underwriting system. The standards were developed by the Mortgage Industry Standard Maintenance Organization (MISMO), a nonprofit subsidiary of the Mortgage Bankers Association. MISMO is an open data standards group that promotes consistency among mortgage transaction participants to reduce loan processing costs, increase transparency, and ultimately ...
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GNMA to Lay Out Plan Soon for MBS Integration

July 12, 2013
Industry response to a proposal to consolidate Ginnie Mae I and II mortgage-backed securities programs has been positive overall despite certain investor and issuer concerns, according to Ginnie Mae. In an industry update, Terry Carr, Ginnie Mae’s senior advisor of communications and Congressional relations, explained that meetings with stakeholders over the past three months have been productive. “This concept has been well-received,” she said. Ginnie Mae will soon begin developing a blueprint laying out the mechanics for converting ...
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Ginnie Mae MBS Issuances Up in First Half of 2013

July 12, 2013
Ginnie Mae guaranteed more than $216.9 billion in mortgage-backed securities during the first half of 2013, up 18.8 percent from the same period last year. Issuance was also up 8.0 percent in the second quarter from the first quarter, according to an Inside FHA Lending analysis of Ginnie Mae data. Not surprisingly, a significant share – $132.8 billion – of Ginnie Mae MBS issuances over the six-month period were backed by FHA loans. VA accounted for $72.1 billion while Rural Housing Service loans totaled $10.5 billion. Ginnie Mae issuances dropped during the first quarter but surged in the second quarter as ... [1 chart]
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New York Regulators Freeze FHA’s MIP Cancellation Policy

July 11, 2013
George Brooks
Regulators in New York state are concerned that the increased MIP could raise the loans’ APR and convert them into subprime.
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Insurer Groups Challenge HUD Disparate Impact Rule While Settlement Talks Proceed in Mt. Holly

July 11, 2013
Two insurance industry trade groups recently filed suit in federal district court to contest the Department of Housing and Urban Development’s final rule formalizing its “disparate impact” interpretation of the Fair Housing Act, which asserts that housing policies and practices can be deemed discriminatory not only through their intent but also by their effects. The rule, issued in early February, formally establishes the three-part burden-shifting test for determining when a practice with a discriminatory effect violates the Fair Housing Act. The American Insurance Association and the National Association of Mutual Insurance Companies, whose members sell homeowners insurance, challenged...
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FHA Wants to Tighten Quality Control Practices, Post-Endorsement Reviews

July 10, 2013
George Brooks
The FHA is considering whether to establish a maximum limit for “unacceptable” loans as well as a process to make post-endorsement reviews more efficient.
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