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Federal Roundup

October 10, 2011
Federal Housing Finance Agency. OIG Finds Room for Improvement. The FHFA recognizes how important it is to oversee Fannie Mae’s and Freddie Mac’s default-related legal services, but it needs to improve its capacity to identify new and emerging areas of risk, according to a new report released by the agency’s Office of Inspector General. Additionally, “FHFA does not have a continuous supervision plan or detailed examination guidance to govern its oversight of Fannie’s Retained Attorney Network, and it had not accomplished any targeted examinations of the RAN until it initiated a special review in late 2010, which has not yet been published,” the OIG said. Moreover, “FHFA also has not developed formal policies to address poor performance by law firms that have relationships – either directly through contract or through its loan servicers – with both enterprises to ensure that information is shared.”
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Experts Expect HARP 2.0 to Focus on Selective Waiver of GSE Seller Reps and Warranties

October 7, 2011
The improvements that the Federal Housing Finance Agency is expected to make to the government’s Home Affordable Refinance Program will likely come at the expense of MBS investors, say experts. The outlines of an expanded HARP are far from clear, but the FHFA is said to be giving serious consideration to lifting the 125 percent loan-to-value limit, in addition to waiving loan-level pricing adjustments, representation and warranties imposed on lenders, valuation requirements and the portability of mortgage insurance. The agency, which oversees Fannie Mae and Freddie Mac, is expected to make an...
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Premiums, Home Sales Lift MMIF in 2Q11

October 7, 2011
High-quality endorsements and lower-than-expected prepayment speeds have given a slight boost to the FHA Mutual Mortgage Insurance Fund in the second quarter of 2011 even as agency officials remained cautiously optimistic about the recent book of business. In its quarterly report, the Department of Housing and Urban Development said that the MMI fund’s total capital improved by $100 million to $31.7 billion from the previous quarter as revenues from premiums and property sales exceeded higher claims payments. Endorsements in the second quarter alone added $1.7 billion to the capital reserve account, which stood at $2.8 billion at the end of June, the report noted. The FHA capital reserve account, which absorbs ...
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Ginnie Mae to Develop Own Servicer Fee Structure

October 7, 2011
Ginnie Mae is following its own path in exploring potential changes to servicer compensation, a project that parallels the Federal Housing Finance Agency’s Joint Initiative on Fannie Mae/Freddie Mac servicing compensation. As part of the FHA’s effort to improve default servicing, Ginnie Mae and other government housing agencies will be working separately to develop better claims mechanisms and pooling services as well as clearer risk and warranty delineations to improve the value of securitizations, the FHFA said. In a discussion paper, the FHFA, which oversees Fannie Mae, Freddie Mac and the Federal Home Loan Banks, said ...
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‘Seller Concession’ Proposal in Clearance Stage at HUD

October 7, 2011
A proposed FHA rule on “seller concessions” recently listed as withdrawn from the Office of Information and Regulatory Affairs’ review process is now being cleared for issuance by the Department of Housing and Urban Development. FHA spokesman Lemar Wooley clarified that the long-awaited proposal was not withdrawn as reported but “delayed” as a routine requirement for an Economic Impact analysis. “But now it is moving again,” he explained in an email. “It is in the clearance process and we hope to publish a proposed rule before the end of the year. According to Wooley, the proposed rule would ...
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View Sought on Barring Execs from Reentering FHA

October 7, 2011
The FHA is seeking legal opinion on whether Congress can grant it authority to bar any former executive of a defunct lender from participating in FHA programs for material violation of agency requirements. The Department of Housing and Urban Development’s Office of General Counsel is pondering the question in the wake of an internal report on the FHA’s inability to prevent former executives of defunct mortgage companies that failed to indemnify HUD on FHA losses from reentering the FHA program. The report from HUD’s Inspector General said 12 corporate officers have signed on to new mortgage firms with ...
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Policy Change Good First Step to Improve Competition

October 7, 2011
Expanding approved lenders’ reach in originating FHA-insured single-family mortgage loans is a “positive step” in improving their ability to compete with non-approved and sponsored FHA originators, according to industry participants. The recently revised FHA policy eliminates the geographical restrictions imposed upon direct endorsement lenders, which limited their FHA originations to designated lending areas. Under the new policy, loan origination and servicing may be conducted from an approved lender’s home office, branch office or direct lending branch office. HUD no longer has to approve a lender’s branch office facilities. However, all office facilities, regardless of type, must ...
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HUD Tests FHA Alternative to Foreclosure, Eviction

October 7, 2011
The Department of Housing and Urban Development is testing an alternative method for keeping extremely distressed FHA borrowers in their home until a suitable resolution is found. Dubbed the Mortgage Acquisition and Disposition Initiative, or “601 – Note Sales Program,” the strategy is being implemented on a pilot basis to help stabilize communities while bringing value to the FHA Mutual Mortgage Insurance Fund, said Acting Assistant Secretary for Housing/FHA Commissioner Carol Galante. Testifying before the House Financial Services Subcommittee on Insurance, Housing and Community Opportunity this week, Galante said ...
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HMDA Data Confirms Declining FHA, VA Trends

October 7, 2011
A report on 2010 mortgage lending activity under the Home Mortgage Disclosure Act further confirms data that government-backed lending and overall purchase lending are falling – which may stall economic recovery, according to industry observers. While FHA and VA loans continue to account for a historically large proportion of loans, such lending fell more than did other types of lending, said the Federal Reserve in its analysis of the latest HMDA data. On a yearly basis, home purchase lending in 2010 was down almost 9 percent from 2009 and 62 percent lower than in 2006, when nearly 712,000 purchase mortgages were originated, the Fed said. The volume of home-purchase originations fell ...
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VA Volume Drops as Top Lenders Struggle in 2Q

October 7, 2011
In an ironic twist, six financial institutions with market shares below 2.0 percent showed increased originations of VA loans in the second quarter of 2011, while most of the top 25 VA lenders fared poorly. Total second quarter originations of the top VA lenders fell 19.5 percent to $9.67 billion, while volume for all VA lenders dropped 12.9 percent to $15.8 billion from the previous quarter. The top 25 lenders accounted for 61.2 percent of new VA loans made during the period. Despite their mixed performance, the top five VA lenders accounted for a hefty 40.4 percent of loans in the second quarter. Wells Fargo led ...
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