The Department of Housing and Urban Development this week unveiled final loan-level and lender-level certifications aimed at easing lender anxiety over potential enforcement actions due to minor errors, but a statement from the Justice Department could put a damper on the new FHA policy. The updated version of FHA’s loan-level certification clarifies that lenders will be held accountable for mistakes that would have prompted a lender to change its decision to approve a loan, not for minor errors. In addition, HUD opened a 30-day comment period for lender-level certification to address stakeholders’ concerns that proposed changes to loan-level certification could weaken the department’s enforcement authority. Lender liability under the federal False Claims Act has been...
Over the past two weeks, the mortgage mergers-and-acquisitions market shifted into high gear with speculation surrounding such top-ranked mortgage firms as PHH Corp. and Flagstar Bancorp. Then again, in the past, both of these top-10 lenders have been the subject of takeover rumors with deals falling to the wayside over price or other concerns. This time it could be different. And then there’s...
Loan underwriters who claimed they were improperly classified as exempt and thereby wrongfully denied overtime pay lost on appeal after a federal appeals court determined they were administrative employees “helping run or service a business” as opposed to engaging in loan production. The ruling by the U.S. Court of Appeals for the Sixth Circuit stands in stark contrast to the Second Circuit’s 2009 opinion in a similar case, which held that underwriters are administrative workers who are eligible for overtime pay if they engage in production activities, industry attorneys said. In Lutz v. Huntington Bancshares, Inc., the bank’s underwriters primarily reviewed...
Republicans on the House Financial Services Committee are working on a regulatory relief bill as an alternative to the Dodd-Frank Act, many of the regulatory provisions of which have yet to be promulgated more than five years after enactment. Rep. Jeb Hensarling, R-TX, chairman of the committee, made the announcement and revealed some of the details earlier this week during a government relations event sponsored by the American Bankers Association in Washington, DC. “I can report...
The Consumer Financial Protection Bureau has not changed its “corrective and diagnostic” supervisory and enforcement approach towards the industry’s implementation of the integrated disclosure rule known as TRID, and does not expect to bring any enforcement action any time soon unless there is blatant misconduct, CFPB Director Richard Cordray told members of Congress this week. Whether mortgage lenders get any additional, official clarification or guidance from the agency to help with their compliance and litigation concerns is another matter. During a hearing Wednesday of the House Financial Services Committee, Rep. Blaine Luetkemeyer, R-MO, engaged...
Appraisals aren’t causing significant closing problems for purchase-mortgage lending, although there are issues as home prices increase, according to responses to the latest Campbell/Inside Mortgage Finance HousingPulse Tracking Survey. “Appraisals are mostly in line with contract prices,” said Tom Popik, research director for Campbell Surveys. “However, appraisals for FHA mortgages and VA mortgages more often miss the contract price than appraisals for conventional mortgages.” Appraised home prices have tended...
FHA consultant Brian Chappelle of Potomac Partners told IMFnews, “I give FHA credit for trying to solve a problem it didn’t create but the DOJ is the elephant in the room.”
A day after the news broke that W.J. Bradley Mortgage has shut its doors, competition is heating up for some of its top loan officer and executive talent...
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