The Department of Housing and Urban Development will soon seek comment on a proposal to extend equal protection to reverse mortgage borrowers and their non-borrowing spouses from displacement due to eviction or foreclosure. The proposed rule would codify the changes to existing Home Equity Conversion Mortgage regulations and make other alternative revisions as appropriate, according to HUD. The FHA expects to publish a notice of proposed rulemaking soon. Currently, the National Housing Act provides for a “safeguard to prevent displacement of the homeowner.” The provision defers repayment of the HECM until the homeowner’s death, the sale of the home, or the occurrence of other events specified in the regulations. Such events include the homeowner’s failure to reside in the property or failure to pay the required taxes and insurance. Without this provision, a reverse mortgage is ...

The House Appropriations Committee this week approved the FY 2015 Transportation, Housing and Urban Development funding bill, which, among other, things contains a provision prohibiting federal housing agencies from facilitating the use of eminent domain in resolving foreclosure problems. Specifically, the FHA, Ginnie Mae and the Department of Housing and Urban Development would not be allowed to use funds appropriated by Congress to “insure, securitize or establish a federal guarantee” of any mortgage or mortgage-backed security that refinances or replaces a mortgage that has been subject to eminent domain condemnation or seizure by a state, municipality or any other political subdivision of a state. In addition, the bill would prohibit the use of appropriated funds or any receipts or amounts collected under any FHA program to implement the FHA’s new Homeowners Armed with Knowledge (HAWK) program. HUD has proposed to ...

Issuance of mortgage bonds with a Ginnie Mae guarantee fell during the first three months of 2013 as higher FHA costs and all-cash home sales appeared to drive the decline, according to Inside FHA Lending’s analysis of agency data. Ginnie Mae issuers closed the first quarter with MBS issuances totaling $58.2 billion, down 19.0 percent from the fourth quarter of 2013. The drop was steeper on a year-over-year basis, 41.3 percent, data showed. FHA accounted for $30.6 billion of government-backed mortgage securities issued during the period, while VA and Rural Housing Development (Department of Agriculture) accounted for $19.1 billion and $4.1 billion, respectively. Top Ginnie Mae issuer Wells Fargo closed out the first quarter with $12.5 billion, down 28.1 percent from the previous quarter and off 59.9 percent from the same period a year ago. Wells’ volume accounted for ... [1 chart]

Servicers of mortgage debt issued by Ginnie Mae reported a slight uptick in government-backed debt outstanding in the first quarter of 2014 though not enough to cause a ripple in a market that has been generally flat since the end of the third quarter last year, according to Inside FHA Lending’s analysis of Ginnie Mae data. Ginnie Mae servicers reported an increase of 0.9 percent in servicing volume from the fourth quarter of 2013 following a 0.2 percent decline in the prior quarter. Volume, however, increased 7.3 percent in 1Q14 compared with volume a year ago. Servicers ended the first quarter with a total of $1.44 trillion in Ginnie Mae mortgage servicing, up from $1.43 trillion in the fourth quarter. Major banks comprised four of the top five Ginnie Mae servicers. Wells Fargo’s overall servicing portfolio declined to $426.7 billion in the first quarter, down ... [ 1 chart]

A coalition of industry trade associations is urging the FHA to harmonize its regulatory treatment of transfer fee covenants with the Federal Housing Finance Agency. In a joint letter, the group said the FHFA’s final rule on transfer fee covenants “establishes a clear, national standard to protect homeowners from equity-stripping private transfer fees while preserving the preeminence of state and local governments over land-sue standards.” The letter was sent in response to reports that FHA may issue a proposed rule on transfer fee covenants that will apply to FHA-insured mortgages. A private transfer fee covenant is attached to real property by the owner or another private party – frequently the property developer – and provides for a fee to be paid to specified third party every time the property is resold. The fee typically is a percentage of the property’s sales price and ...

A revised-areas map that meets the new definition of “rural area” for U.S. Department of Agriculture housing programs is now available to USDA lenders and borrowers seeking affordable rural-home financing. The map was posted on the USDA Income and Property Eligibility Site on May 6 and users may access it by selecting “single family housing” under the Property Eligibility menu. More details about the changes will be available soon in frequently asked questions guidance, the agency said. The new definition of rural area is contained in the Agricultural Act of 2014 (Farm Bill), which was enacted on Feb. 7 and made changes to federal rural development programs. Among other things, the bill redefined rural areas as those with populations up to 35,000 that are “rural in character” for eligibility in the USDA housing programs. The previous population requirement was less than 20,000 people. The area must be ...

Fannie Mae and Freddie Mac securitized just $11.1 billion of refinance mortgages with high loan-to-value ratios during the first quarter of 2014, a sign that the Home Affordable Refinance Program is slowing down significantly. The first-quarter high-LTV refi market was down 37.1 percent from the fourth quarter of 2013 and off a hefty 78.5 percent from the $51.4 billion of business the two government-sponsored enterprises did back in the first three months of last year, according to a new Inside MBS & ABS analysis. Production was...[Includes one data chart]

Ginnie Mae has held up for several weeks an $8 billion sale of servicing rights from Bank of America to a nonbank because of missing documents on government-backed mortgages. Ted Tozer, president of the agency, confirmed the delay in approvals to Inside FHA Lending, but declined to name the nonbank on the buy-side of the transaction. However, sources familiar with the deal identified the counter-party as PennyMac. BofA and PennyMac would not comment. Once the missing documents are located and placed in the proper files, the deal will move forward, said Tozer. Tozer noted that that in the past the agency did not lose sleep over large MSR transfers because up until three years ago the nation’s megabanks were buyers of MSRs. “We knew they had the financial strength to make the P&I [principal and interest] payments” to the MBS investors, he said. But with nonbank servicers, such as Green Tree, Nationstar Mortgage, Ocwen Financial as well as PennyMac, rapidly growing their portfolios, the agency is ...

The FHA will allow lenders to suspend foreclosures on properties backed by Home Equity Conversion Mortgage loans for up to 60 days to help non-borrowing spouses of deceased HECM borrowers temporarily avoid eviction and, possibly, foreclosure. The announcement of the policy came as a federal district court judge for the District of Columbia considered whether to certify a class-action case filed by four surviving spouses of HECM borrowers last month. The lawsuit alleges that HUD had failed to protect them from being displaced from their homes – the same protection HECM regulations extend to reverse mortgage borrowers. The suit accuses the department of violating the federal Administrative Procedures Act by promulgating contradictory regulations without public comment. Last September, a DC judge found HUD in violation of federal law in a similar case and ordered that the case ...

Wells Fargo has expanded its acceptance of electronic signatures on FHA mortgage-related documents to correspondent lenders – a move that could spur other lenders to consider a similar shift as purchase originations rise. Details of the expansion are available in Wells Fargo current Seller Guide. However, access is restricted to correspondent lenders because the guide contains proprietary information, according to a company spokesman. DocuSign, whose Digitized Transaction Management (DTM) platform is being used by Wells Fargo and other financial services clients, said the expansion follows FHA’s announcement earlier this year of acceptance of e-signatures on all single-family origination and servicing/loss mitigation documents, FHA claims and real estate-owned sales contracts, with the exception of notes. The FHA announcement builds on an ...