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Inside the CFPB
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HUD Urged to Maintain Current FHA HECM Assignment Option

October 7, 2016
Industry groups are urging the Department of Housing and Urban Development to reconsider a supplemental proposal to require mortgagees to assign a Home Equity Conversion Mortgage loan to the FHA once the loan balance reaches 98 percent of the maximum claim amount (MCA). The Mortgage Bankers Association and the National Reverse Mortgage Lenders Association said there are more disadvantages than benefits to the proposal. The supplemental proposal is an offshoot from a previous HUD proposed rule to codify significant changes made to the HECM program by the Housing and Economic Recovery Act of 2008, the Reverse Mortgage Stabilization Act of 2013 and all other revisions in between. Both groups recommended that HUD maintain its current assignment election options rather than adopt the proposed rule. Currently, mortgagees have an option, before the ...
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Initial Material Defect Rate Rises For the First Time in Nine Quarters

October 7, 2016
The initial material defect rate of FHA loans has increased to 50 percent in the third quarter of 2016 from the previous quarter, according to the latest FHA Lender Insight report on quality control. A good portion of the defective mortgage loans, however, has been mitigated during the post-endorsement technical review process, the report indicated. In the second quarter, the initial material defect rate had been flat, averaging 47.4 percent over the last eight quarters. The latest report show the top five mitigated findings, which reflect the number of initially unacceptable ratings and the number of findings mitigated for loans between April and June, 2016. Some 6,312 FHA loans comprised the sample, and they consisted of purchase loans (71.0 percent), streamline refinance (13.5 percent), rate and term refis (9.0 percent), and Home Equity Conversion Mortgages (6.7 percent). In addition, ...
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VA Supports Adoption of Energy-Saving Standards for VA Properties

October 7, 2016
The Department of Veterans Affairs is urging VA lenders, borrowers and other participants in its loan guaranty program to adopt recommended standards, equipment and activities to reduce water and energy usage and to ease the impact of natural disasters. The VA has recommended wind-hazard standards, resilient building and retrofitting standards, a water- and energy-saving program, and property-and-energy conservation strategies to help VA borrowers protect their homes against storms, flooding, earthquakes and other calamities. VA made clear it allows, but does not require, any of the recommended standards, strategies or equipment. The programs are strictly voluntary, it said. The agency noted the increasing incidence of extreme weather events, earthquakes and flooding, which makes planning and building in the most resilient and economically feasible ways all the ...
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VA Adopts Final Rule Increasing Agency Fines for Loan Fraud

October 7, 2016
The Department of Veterans Affairs adopted without change its interim final rule increasing the maximum amount of civil fines it can assess on lenders and other offenders for violations of agency loan-guaranty rules and regulations. Under the interim final rule VA issued for comment back in June, maximum civil monetary penalties would increase from $10,000 to $21,563 for false loan-guaranty certifications. Civil fines for fraudulent claims or statements in any VA program would increase from $5,500 to $10,781. The VA published the interim final rule on June 22, 2016, to implement the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 and to improve the effectiveness of civil fines and maintain their deterrent effect. The new penalty amounts became ...
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Around the Industry

October 7, 2016
Ginnie Mae FY 2016 Highlights. “So far, we’ve pretty much broken every record,” said a Ginnie Mae spokesperson. Total mortgage-backed securities issuance for FY 2016 was $490.3 billion, “an all-time high by a pretty wide margin,” according to the spokesperson. September MBS issuance was also at an all-time high: $54.8 billion. Ginnie Mae commitment authority for the fiscal year was $430.2 billion. Approximately 2.3 million mortgage loans worth $462 billion underlay Ginnie’s single-family MBS pools in FY 2016. Of this total, $278 billion (1.4 million loans) were purchase mortgages, and $184 billion (0.9 million loans) were refinances or modified loans. Of the purchase dollar volume, first-time homebuyers accounted for $200 billion (1.1 million loans). Of the $462 billion single-family MBS pools, FHA accounted for 57.1 percent ($264 billion), VA, 38.8 percent ($179 billion), and rural housing loans, 3.9 percent ($18 billion). New California Law Protects Spouses of HECM Borrowers from ‘Widow Foreclosure.’ On Sept. 29, 2016, California Gov. Jerry Brown, D, signed Senate Bill 1150 into law to protect widows, widowers and other heirs of mortgage borrowers from unnecessary foreclosures.
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Want ‘Cure’ Provisions in TRID? You’d Better Ask Congress

October 7, 2016
Thomas Ressler
In its proposed rulemaking, the CFPB clearly indicated it was not going to re-open the substance of the rule and address what it considered policy issues…
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Fairholme Says GSE Document ‘Floodgate’ About to Open; At Stake: $2.4 Billion of Fannie/Freddie Jr. Preferred

October 6, 2016
Paul Muolo
In a letter to its shareholders, Fairholme called the GSEs “two of the best businesses ever owned by the funds.”
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With TRID’s First Year in the Rear View Mirror, Industry Hopeful Compliance Continues to Improve

October 6, 2016
The Consumer Financial Protection Bureau’s integrated disclosure rule has now been in effect for a full year, and industry officials hope the potholes and speedbumps in the TRID road will continue to smooth out. Former CFPB official Benjamin Olson, now a partner with the BuckleySandler law firm in Washington, DC, noted that the first year of the TRID rule has been eventful. “In its early stages, the TRID rule proved to be far more disruptive than many envisioned, largely because of extraordinarily high rates of real and perceived errors and pervasive uncertainty over the liability associated with those errors,” he told Inside Mortgage Finance. Over time, the mortgage industry has been...
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‘High Pressure’ Wells Fargo Put on Retail Bankers Wasn’t Exactly Evident in the Mortgage Unit

October 6, 2016
Wells Fargo – no doubt – is taking it on the chin for its “account fabrication” scandal tied to credit cards and deposits, but so far the damage has yet to seep into its mortgage business in a major way, but reports suggest certain correspondents are balking at doing business with the megabank. Dave Akre, managing director of Five Oaks Investment Corp., said he knows some loan officers working for Wells correspondents who are no longer offering the megabank’s jumbo products “due to recent issues.” Those “issues,” he pointed out in an interview with Inside Mortgage Finance, involve...
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Former OCC Chief Ludwig Agrees to Sell Promontory To IBM, but Keeps Mortgage Business and Another Unit

October 6, 2016
In its thirst to expand further into financial services, IBM recently agreed to buy blue-chip advisory firm Promontory Financial Group, but there are two units that “Big Blue” won’t be getting: Promontory MortgagePath LLC and Promontory Interfinancial. According to industry officials, both units will continue to be owned (at least in part) by PFG founder Eugene Ludwig, the former Comptroller of the Currency who started the firm in 2001. Promontory Interfinancial is considered...
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