Many lenders may have to reconsider the costs and benefits of FHA lending in light of the federal government’s increasingly litigious approach to redressing FHA losses, warned industry risk experts. Not only has the government begun using the False Claims Act (FCA) with alarming frequency in alleged mortgage fraud cases involving taxpayer funds, but it also has found a companion statute in the federal Program Fraud Civil Remedies Act (PFCRA) of 1986 to increase recovery of FHA losses. In a recent client alert, Canfield & Associates, a government relations and consulting firm in Alexandria, VA, warned ...

The Department of Housing and Urban Development is in conciliation talks with 22 FHA-approved mortgage lenders about “credit overlay” practices that resulted in a denial of credit to FHA-qualified borrowers. Agreements between HUD and the lenders may be announced within the next few weeks, said a HUD spokesperson, who declined to comment further because the issue is still in mediation. Discussion between HUD and the lenders have been ongoing since the National Community Reinvestment Coalition, an association of more than 600 community-based organizations, filed individual complaints against the 22 lenders late last year for alleged ...

The Department of Housing and Urban Development has quietly announced preparations for the termination of FHA HOPE for Homeowners, a program that promised more than it could deliver. In a mortgagee letter, HUD laid out instructions on how to process cases during the program’s phase-out period. Launched in September 2008 to assist homeowners at risk of foreclosure, the H4H program will end on Sept. 30, 2011. July 29 is the last day to obtain a new H4H case number for lenders seeking to refinance borrowers into H4H loans after this date, while July 16 is the deadline ...

A proposed rule that would allow lenders in the federal Farm Credit System to participate in the FHA mortgage insurance programs is being closely scrutinized at the Department of Housing and Urban Development. The measure is one of several regulatory actions taken by HUD in response to President Obama’s directive in January calling for a government-wide review of rules and regulations. The review is aimed at weeding out rules that are outdated, unnecessary, excessively burdensome, and redundant or in conflict with other federal rules. Twenty rules, including the proposed FHA approval for FCS lenders, are now being streamlined or rewritten to ease the regulatory burdens of small businesses and spur economic growth. The proposed changes build ...

The Department of Housing and Urban Development is finalizing proposed guidelines streamlining reporting requirements for small FHA-approved lenders. Under the proposed guidelines, federally supervised, FHA-approved lenders with under $500 million in total assets would have alternative requirements for reporting their financial condition. FHA lenders are currently required to submit audited financial statements as a condition for FHA lender approval or renewal. In lieu of an audited financial statement, the proposed rule would require smaller supervised lenders to submit a copy of the unaudited regulatory report they provide ...

The Department of Housing and Urban Development is increasing its focus on tighter underwriting with actions against pregnancy discrimination in home mortgages. The department recently charged Mortgage Guaranty Insurance Corp., PNC Mortgage and others for allegedly refusing to provide mortgage insurance on a Pennsylvania loan unless the borrower returned to work from maternity leave. The FHA requires approved lenders to review a borrower’s income to determine his or her ability to repay the mortgage. However, lenders are prohibited from inquiring about future maternity leave. According to HUD’s complaint, MGIC notified ...

Wells Fargo, the biggest originator of Home Equity Conversion Mortgage loans, is exiting the reverse mortgage market after 20 years due to the unpredictability of property values. The departure of the San Francisco-based lender is another major blow to the wobbly HECM market already weakened by plummeting home prices. In February, Bank of America, the second largest HECM producer, announced it was quitting the reverse mortgage market to focus on other lines of business. The two institutions showed a combined ... [includes one data chart and one graph]

Ginnie Mae has raised the servicing fee compensation for its Home Equity Conversion Mortgage-Backed Securities (HMBS) program. Currently issuers receive either a flat 6-to-75 basis points monthly servicing fee or a 25-75 bps servicing fee based on a portion of the mortgage interest rate. Effective for HMBS with an issue date on or after July 1, 2011, issuers must select a servicing fee margin of at least 36 bps and not exceeding ...

As the FHA’s capital reserve level dwindled in 2009 and the program’s share of the mortgage market gradually rose, Department of Housing and Urban Development officials repeatedly stated that ridding the program of bad lenders was...[Includes one graph]

Private mortgage insurers have been slowly staging a comeback, taking market share from the FHA over the past year. With the annual premium on FHA loans increasing Monday, several private MIs look to be turning up the heat. As of early this week, FHA mortgages with loan-to-value ratios at or below 95 percent will carry...