Lenders offering non-qualified mortgages that rely solely on a borrower’s assets need to carefully prove the borrower’s ability to repay, according to guidance from the Consumer Financial Protection Bureau. In a notice issued this week, the regulator cautioned that a large downpayment alone isn’t sufficient to prove a borrower’s ability to repay a non-QM that is based on the consumer’s assets. The spring edition of the CFPB’s supervisory highlights publication provides insights from ...
Last week, the Consumer Financial Protection Bureau and many state regulators took coordinated actions against Ocwen Financial, alleging a number of servicing problems. Ocwen, the largest subprime servicer, disputes the allegations. The CFPB lawsuit, along with lawsuits and cease-and-desist orders from at least 24 state regulators, could be catastrophic for Ocwen. Most of the cease-and-desist orders prevent the company from originating mortgages until it proves it can appropriately ...
Rep. Jeb Hensarling, R-TX, introduced a revised version of the Financial CHOICE Act this week. The bill would impact many regulatory reforms included in the Dodd-Frank Act, which was signed into law in 2010. Perhaps most significant for the non-agency market, the CHOICE Act would apply qualified-mortgage protections to home loans held in portfolio. Banks offering mortgages with interest-only features, balloon payments or high debt-to-income ratios that don’t currently ...
The Department of Veterans Affairs has issued guidance regarding documentation of allowable fees and charges under the Consumer Financial Protection Bureau’s Truth in Lending Act-Real Estate Settlement Procedures Act Integrated Disclosure Closing Disclosure, or TRID-CD form. Under the guidance, VA lenders must document all allowable fees and charges assessed against the borrower as well as any lender and seller credits on the TRID-CD. VA now requires documentation because it no longer accepts a separate, itemized list of credits and charges, as previously allowed with the HUD-1 form. In completing the closing-cost section of the TRID-CD, fees charged to the veteran must be listed in the “Borrower Paid” column. Lender credits should be listed in the “Paid by Others” column, the agency said. Closing costs that are paid for by either the seller or the lender must be placed in either the ...
The Department of Veterans Affairs has issued new guidelines and instructions for modifying VA-guaranteed mortgages in lieu of previous guidance regarding the agency’s Home Affordable Modification Program (HAMP). VA has a long-standing policy of encouraging servicers to work with borrowers to explore all reasonable options to help them keep their home or reduce losses through loss mitigation. The agency requires lenders to consider VA-guaranteed loans for a VA Affordable modification (VAAM) when traditional home-retention options are not feasible. A VAAM allows a new monthly, fixed-rate mortgage payment no greater than 31 percent of the borrower’s monthly gross income. It can cover principal, interest, property taxes, insurance and condominium or homeowner association fees The rate must not exceed the most recent Freddie Mac benchmark rate for ...
As of press time, Congress passed a one-week stopgap spending measure to keep the government open through May 5, averting a looming government shutdown. The House passed H.J. Res. 99 by a vote of 373 to 30. The continuing resolution has been sent to President Trump. The continuing resolution provides lawmakers sufficient time to negotiate an omnibus spending bill. The previous spending bill was scheduled to expire at midnight, April 28, which would have resulted in a government shutdown similar to the one that paralyzed the federal government in 2013. A shutdown can cause grief for sellers and homebuyers and severely delay processing of mortgage loans if lenders cannot verify a borrower’s tax data or Social Security number. This time, however, the FHA and VA are prepared for such an eventuality, said industry observers. A 16-day government shutdown in October 2013 sent millions of ...
Millions of disabled post-9/11 veterans may qualify for a VA-guaranteed home mortgage but the majority are not taking advantage of the program, according to a new report from American Financing. The VA loan is great for injured veterans exiting the military but many are either unaware or uninformed, said Greg Vogel, manager of American Financing in Aurora, CO. Active-duty servicemembers and retired military are entitled to VA housing benefits, including an agency guarantee on their mortgage in lieu of mortgage insurance and no downpayment. A first-time VA borrower pays a 2.15 percent funding fee. Borrowers with a service-connected disability are exempt from paying the fee. “You would expect many of our injured warriors would take advantage of this great loan but that’s not what the numbers indicate,” said Vogel, who left the Army as a disabled vet Tim Byers, a mortgage analyst at ...
President Trump Friday morning signaled his intent to nominate former regulator Pamela Patenaude to be the next deputy secretary of the Department of Housing and Urban Development. According to a bio listed on the White House website, Patenaude is president of the J. Ronald Terwilliger Foundation for Housing America’s Families. She also served as HUD assistant secretary for community, planning and development during the George W. Bush administration. Patenaude’ s nomination had been expected for some time. She is expected to play a key role in shaping housing policy in the new administration and brings to the table a depth of knowledge about the industry. HUD Secretary Ben Carson was a career brain surgeon with little in the way of housing and mortgage experience. Meanwhile, industry lobbyists contend the White House continues to vet candidates for two other ...
Other servicing-related issues identified include premature foreclosure filings, mishandling of escrow accounts, incomplete periodic statements and dual tracking.
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