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MBA Requests Clarification on DACA Lending, Handbook Issues

August 24, 2018
The Mortgage Bankers Association is seeking clarification from FHA on a number of issues in the agency’s Single Family Housing Policy Handbook following Brian Montgomery’s swear-in as FHA commissioner. The MBA identified seven priority issues which lenders say need further guidance. The issues include the following: Deferred Action for Childhood Arrivals and employment authorization documents; Third-party underwriting and vendor verification of borrower income, employment, and assets; Student loan debt calculation; Rent below fair market; Minimum decision credit scores; Contract for deed; and Community transfer fees. In September 2017, President Trump rescinded DACA, a special program created by the Obama administration to provide temporary legal status and work permits to underage persons who entered the U.S. illegally until the government decides ...
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Nothing to Report, Says FHA Even As Lenders Seek Certainty, Clarity

August 24, 2018
It has been more than three years since FHA introduced a new streamlined process of identifying loan defects and their severity to minimize or avoid enforcement action and hefty penalties under the False Claims Act. Despite calls by the mortgage industry to improve and clarify the process – the Single-Family Loan Quality Assessment methodology or “defect taxonomy” – the FHA has yet to make a move to meet industry demands for more detailed defect taxonomy. Contacted for an update on the defect taxonomy, a Housing and Urban Development spokesperson said simply, “Nothing to report on this.” An outgrowth of lender concern over the government’s indiscriminate use of the FCA to prosecute mortgage fraud and recover FHA losses, the defect taxonomy establishes nine categories of loan defects in loans it endorses. The nine defect categories replaced the 99 loan defect codes that were ...
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Overall FHA Delinquency Rate Down in July; 90 Days Past Due at 4%

August 24, 2018
Approximately 11.5 percent of FHA single-family mortgages were in some stages of delinquency in July, 26 basis points down from the previous month, according to an Inside FHA/VA Lending analysis of FHA delinquency rates. At the end of July, FHA servicers were servicing 7,901,090 FHA loans, with top servicer Wells Fargo accounting for 19.2 percent. The share of FHA mortgages that were 30-59 days past due, which is considered early-stage delinquency, was 4.8 percent at the end of July. The share of FHA loans 60-89 days delinquent was 1.6 percent while the share of seriously delinquent loans in July was 4.02 percent. ... [Chart]
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FHA to Offer Partial Claim Ahead of Loan Relief in Puerto Rico, USVI

August 24, 2018
The FHA has revised the order of loss-mitigation options for FHA borrowers whose properties or jobs are located in hurricane-ravaged areas in Puerto Rico and the U.S. Virgin Islands. Under the revised policy, FHA is allowing lenders to evaluate borrowers in the affected areas first for the “disaster stand-alone partial claim” before the disaster loan modification. The agency believes this change will enable more affected borrowers to get into a permanent loss-mitigation solution and keep their mortgage in good standing. The policy specifically allows borrowers to maintain their pre-disaster monthly principal and interest payment and retain their current interest rate and term of the FHA-insured mortgage. In addition, the policy provides for the repayment of arrearages with a subordinate mortgage lien that is not repaid until the maturity of the FHA loan, the sale of the property, or the payoff of the loan, or non-FHA refinancing ...
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GNMA Closes Inquiry of Ocwen, Deems Regulatory Issues Resolved

August 24, 2018
Ocwen Financial Corporation is no longer in danger of losing its Ginnie Mae issuer status after the agency earlier this month officially announced its concerns over the specialty servicer’s problems with state regulators are resolved. Ocwen, a publicly traded Florida corporation, disclosed in a new filing that, based on information it provided to Ginnie Mae regarding the resolution of state cease-and-desist orders issued by a coalition of state banking regulators, the agency considers the issue to be concluded. In April last year, 30 state mortgage regulators issued cease-and-desist orders to prevent Ocwen from servicing loans within their jurisdictions. The servicer was accused of substandard loan servicing that violated state and applicable federal laws The orders generally prohibited Ocwen from acquiring new mortgage servicing rights, originating or acquiring new mortgage loans for which Ocwen would be the ...
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Defect in VA’s VALERI Application Causes Bill Collection Confusion

August 24, 2018
An undetermined defect is causing the Department of Veterans Affairs’ loan servicing reporting system to spit out duplicate bill-of-collection transaction numbers. The VA Home Loan Guaranty staff is collaborating with the Administrative Loan and Accounting Center (ALAC) to work around the issue. The resolution to correct the defect in the VA Loan Electronic Reporting Interface (VALERI) application is scheduled to be included in the 18.4 VALERI release on Dec. 8, 2018. VALERI is in the first phase of a three-year project to convert from a system for reporting and storing servicing data to an end-to-end mortgage-processing platform. The VA also has issued a number of servicing alerts and reminders. Liquidation appraisal fees in Colorado will increase in certain counties effective Sept. 1, 2018, so that all counties will have the same fee per property type. The fee changes will be updated and reflected on the ...
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Around the Industry

August 24, 2018
Michael Bright Clears First Hurdle to Becoming President of GNMA. The Senate Committee on Banking, Housing and Urban Affairs this week voted to confirm Michael Bright as president of Ginnie Mae. Bright’s confirmation is broadly positive for housing, said Jaret Seiberg, financial services and housing policy analyst for Cowen Washington Research Group. Bright is a former staffer for Sen. Bob Corker, R-TN, and has a history of working well with Republicans and Democrats, said Seiberg. In addition, he has worked closely with Sen. Elizabeth Warren in cracking down on loan churning, he added. The Mortgage Bankers Association welcomed the news. “Mr. Bright would bring significant experience within the mortgage industry and on Capitol Hill to the role of Ginnie Mae president,” said Bill Kilmer, the group’s chief lobbyist. “He has demonstrated a commitment to bipartisan solutions regarding complex ...
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MD Appeals Court Reverses, Finding ‘Foreign’ Statutory Trusts not Subject to State Licensing

August 24, 2018
The securitization and mortgage banking industries heaved a collective sigh of relief after aMaryland appeals court ruled earlier this month that state licensing requirements do not apply to “foreign” statutory trusts.
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Proposed Rule on New Tax Deduction for Pass-Through Entities Could Leave Out Many Lenders

August 23, 2018
The Internal Revenue Service published a proposed rule this month to help determine who’s eligible for a new 20.0 percent tax deduction for pass-through entities. Lenders that retain their production in portfolio look to be eligible for the deduction but there’s uncertainty about businesses that originate and sell loans.
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Kraninger’s CFPB Could be a Positive for the Industry if Her Nomination Clears Full Senate

August 23, 2018
The Senate Committee on Banking, Housing, and Urban Affairs Thursday morning approved the nomination of Kathy Kraninger to become chief of the Consumer Financial Protection Bureau.
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