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Programs & Policies
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HUD IG Says Ginnie had Tepid Response to Shifting Issuer Base

September 29, 2017
Ginnie Mae’s inadequate response to the rapid increase of nonbank issuers may make it difficult for the agency to identify issuer problems in time to prevent default, warned the Department of Housing and Urban Development’s inspector general in a recent audit report. Specifically, the IG report said the agency failed to implement policies and procedures for managing issuers in a timely manner and tried to supervise them without a written default strategy. Furthermore, the report claimed Ginnie did not promptly assess and address the risks posed by nonbanks. Ginnie Mae questioned the findings, contending it “has done a more than credible job adapting to the new environment” despite the pressure on its resources. Ginnie’s issuer base had changed dramatically over the last couple of years as many banks either left or reduced their exposure in the FHA market for fear of being slapped with a ...
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VA Jumbo Securitization Drops, FHA Jumbo Origination Slips in 2Q

September 29, 2017
Wells Fargo recaptured its crown as the leading VA jumbo securitizer, pushing Penny Mac back to second place even as the market dropped further in the second quarter. The volume of VA jumbo loans securitized during the second quarter declined by 5.2 percent from the prior quarter and by 11.8 percent during the first half of 2017 compared to the same period last year. VA jumbo mortgage originations were off by 4.3 percent from the first quarter, according to an analysis by Inside FHA/VA Lending affiliate Inside Mortgage Finance. Agency-jumbo production sagged in the second quarter but the results were not uniform. Fannie Mae production was up 6.5 percent from the prior quarter, while FHA jumbo securitization gained 7.2 percent during the period. At the same time, VA jumbo securitization was down 5.2 percent to $7.4 billion from $7.8 billion, while Freddie Mac saw a hefty 27.8 percent drop in ... [Charts]
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Uptick Seen in FHA 203(h) Usage As Storm Surges, Flooding Worsen

September 29, 2017
A previously obscure FHA program for properties in designated disaster areas is getting more interest from lenders in the wake of hurricanes Harvey and Irma. According to FHA data, there has been a noticeable increase in loans originated under the FHA 203(h) mortgage insurance program, which is designed specifically for hard-hit homeowners in presidentially declared major disaster areas (PDMDA). Origination under the 203(h) program rose from $17.8 million in 2015 to $64.1 million in 2017, data showed. Use of the 203(h) product spiked in the fourth quarter of 2016, when 180 loans totaling $34.0 million were originated, up from 47 in the previous quarter and 26 loans from the same period in 2015. The U.S. experienced more floods in 2016, 19 in all, than any year on record, according to an analysis by Munich Re, a global reinsurance firm. In post-hurricane guidance, FHA urged lenders to ...
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GSE Reform Efforts Could Benefit From Ginnie’s Anti-Churning Action

September 29, 2017
A Ginnie Mae crackdown on abusive VA refinancing could be positive for housing finance reform, according to a Washington research organization. In a recent analysis, the Cowen Washington Research Group said Ginnie’s effort to rein in lenders that are engaging in churning might benefit those who are trying to revamp Fannie Mae and Freddie Mac. “We expect Ginnie Mae will succeed in curbing prepayment speed on VA mortgages,” wrote Jaret Seiberg, a financial services and housing policy analyst with the Cowen Group. “The crackdown is positive for government-sponsored enterprise reform as it should restore the spread between Ginnie and Fannie/Freddie MBS.” According to Seiberg, GSE reform advocates could potentially use the spread to pay for a housing finance bill that includes a government guarantee on the resulting MBS. Acting Ginnie Mae President Michael Bright has pledged to ...
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Around the Industry

September 29, 2017
Industry Trade Groups Call for Compton Vote. A coalition of 28 trade groups representing the mortgage and real-estate industries has urged the Senate leadership to bring Paul Compton’s nomination as general counsel of the Department of Housing and Urban Development to the floor for a vote. The Senate Committee on Banking, Housing and Urban Affairs approved Compton’s nomination in July but no further action has been taken since. In a joint letter, the coalition underscored the importance of the role of HUD general counsel in the aftermath of hurricanes Harvey and Irma. The groups urged Senate Majority Leader Mitch McConnell, R-KY, and Senate Minority Leader Chuck Schumer, D-NY, to provide all the necessary resources to help in the disaster recovery and to put the HUD general counsel in place, which is critical to the recovery efforts. On Sept. 14, the Senate confirmed ...
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Ginnie Mae-VA Task Force to Crack Down on Serial Refinance Abusers, Will Expel Program Violators

September 22, 2017
Ginnie Mae and the Department of Veterans Affairs have created a joint task force to deal with improper early refinancing of VA loans – a practice the agencies thought they had eliminated but which has reemerged in the last couple of weeks. The task force will be monitoring closely monthly VA refinancing data and will develop additional policies to augment the current policy, which Ginnie, in consultation with the VA, issued last year to curb churning of VA loans in its MBS. Responding to concerns raised by Sen. Elizabeth Warren, D-MA, acting Ginnie President and Chief Operations Officer Michael Bright acknowledged...
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Ginnie Mae to Take Action Against Illicit Refinancing of VA Mortgages

September 15, 2017
Rapid, aggressive refinancing of VA loans has made a comeback with some issuers using strategies to mask the practice and avoid possible penalties, including expulsion from the Ginnie Mae program, according to a top agency official. Responding to concerns raised by Sen. Elizabeth Warren, D-MA, Michael Bright, acting Ginnie Mae president and chief operations officer, said a joint Ginnie Mae/VA lender-abuse task force is analyzing monthly data and developing additional policy measures to deal with the problem. Bright confirmed the resurgence of inappropriate streamline refinancing in Ginnie securitization pools in recent weeks and has promised to crack down on the questionable practice. The problem surfaced last year when Ginnie Mae noticed unusually fast prepayment speeds in its mortgage-backed securities, particularly MBS backed by VA loans. Ginnie found that certain lenders and ...
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Trump Nominates Industry Veteran To Be the Next FHA Commissioner

September 15, 2017
The White House this week officially nominated industry veteran Brian Montgomery to be the next FHA commissioner and assistant secretary for the Department of Housing and Urban Development. In a related development, the Senate on Thursday confirmed the nomination of Pamela Pantenaude as HUD deputy secretary, three months to the day the Senate Committee on Banking, Housing and Urban Affairs approved her nomination. Montgomery, currently vice chairman of the Washington-based business-consulting firm The Collingwood Group, is no stranger to the job. He previously served as FHA commissioner/HUD assistant secretary during the second Bush administration and as acting HUD secretary in January 2009. As FHA commissioner, Montgomery lead legislative efforts to preserve the nation’s affordable rental housing stock while reducing rental-assistance costs and the cost of ...
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Legal Experts Suggest Five ‘Fixes’ To Avoid Unfounded FCA Claims

September 15, 2017
Compliance attorneys are calling for legislative changes to prevent possible misuse of the False Claims Act that could result in settlements that could be financially devastating to mortgage lenders. Concerns about possible government misuse of FCA provisions are evident in the statutory qualifiers that are already embedded in the existing statute, according to a recent analysis by Krista Cooley and Laurence Platt, attorneys and partners in the Washington, DC, office of Mayer Brown. The qualifiers are in the main provision of the FCA that the Department of Justice has used against mortgage lenders and servicers, the attorneys said. The provision imposes liability on any person who “knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval” or “knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or ...
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FHA Announces Changes to HECM Counseling Certificates

September 15, 2017
The FHA will provide lenders that originate Home Equity Conversion Mortgage loans the option to view and print unsigned HECM counseling certificates in FHA Connection starting Sept. 18, 2017. While the lender may still take the initial loan application, the lender can only begin to process it once the counseling is complete, as evidenced by a completed HECM counseling certificate that contains signatures of both the counselor and borrower. Lenders that chose to use this option will be required to establish procedures to obtain and document authorization from the HECM borrower to access the counseling certificate in FHA Connection. In addition, lenders must certify that a borrower authorization to view the counseling certificate was obtained. Lenders must follow the guidance on processing HECM loans contained in the HUD Handbook, the FHA said. To access HECM counseling certificates, lenders will ...
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