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Trade Groups Urge Congress to Reevaluate Appraisal Oversight

May 20, 2016
Trade groups representing lenders, homebuilders and appraisers have asked Congress to hold a hearing this year on the future of appraisal regulation.In a joint letter, five industry groups urged the Senate Committee on Banking, Housing and Urban Affairs to reevaluate oversight of the appraisal industry and the current federal regulatory structure for real estate appraisal.The committee last held an appraisal oversight hearing in 2004. Federal appraisal regulations have been untouched since the enactment of the Federal Financial Institutions Reform, Recovery and Enforcement Act of 1989, the trade groups noted. In addition, the groups asked that both federal and state responsibilities be reassessed to see if they continue to serve consumers and market participants well, as well as promote competition in the marketplace. In addition to federal regulation, states regulate appraisers as well. The groups want to know from Congress whether federal oversight of appraisers is still necessary.
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VA Issues New Servicing Guidance, Reminders on Foreclosures, Others

May 20, 2016
The Department of Veterans Affairs has issued new guidance and some servicing reminders in connection with mobile-home foreclosures, consent judgments, servicer transfers, liquidation appraisal fees and others.VA servicers must specifically refer to the mobile home in foreclosure declaration documents to ensure that both the home and the land are properly foreclosed, the VA said. Many states require two separate foreclosure procedures for every transaction – one to foreclose the interest on the land and the other to foreclose on the title of the mobile home. The VA said foreclosure on the title of the mobile home may have to be filed with state’s Department of Motor Vehicles (DMV). When a VA loan on a home on wheels is referred to foreclosure, the servicer must inform the foreclosing attorney that it is a mobile home and whether a DMV filing is required. The VA will reconvey the mobile home to the ...
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VA Clarifies Guidance for Conveying Titled Properties to VA Secretary

May 20, 2016
The Department of Veterans Affairs has clarified the type of documents lenders would need to provide clear and marketable title for conveyed properties to the VA in all states and U.S. territories. Under VA rules, each conveyance or transfer of real property to the VA shall be acceptable if “the holder covenants or warrants against the acts of the holder and those claiming under the holder (e.g. by special warranty deed).” In addition, the conveyance would be acceptable if it entitles the VA Secretary to such title as is or if it is acceptable to prudent lenders, informed buyers, title companies and attorneys, generally in the community in which the property is located. The VA said its determination of clear and marketable title depends on state statutory requirements. As a general requirement, documents for proper conveyance of clear and marketable title to the VA include the ...
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Around the Industry

May 20, 2016
HUD Sends Final Condominium Rule to OMB for Clearance. The Department of Housing and Urban Development has sent a final rule to the Office of Management and Budget that would make it easier for borrowers to obtain FHA financing for certified condominium units. Once issued, the final rule will replace temporary guidance which HUD issued in November last year to ease FHA’s condo approval process. The move is aimed at increasing affordable housing options for first-time and low-income homebuyers. The final rule is expected to reflect measures in the interim guidance, including modification of the requirements for condo project recertification, revised calculation of FHA’s required ownership-occupancy percentage, and expansion of eligible condo-project insurance coverages. IG Scrutinizes HUD Oversight of SFHAs’ Downpayment Assistance Programs. Residential lenders that rely on ...
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GSEs Clarify Their Views on Servicing Compensation

May 19, 2016
John Bancroft
Is it time to take another look at GSE servicing fees? A topic is reborn...
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Short Takes: Guild the Latest Lender to Get Smacked Under the False Claims Act / Major Changes Coming to the Reverse Market? / Impac Executives May be in for a Stock Treat / UI Names CoreLogic Veteran Co-Director

May 19, 2016
George Brooks, Brandon Ivey, and Paul Muolo
Another week, and another lender sued by DOJ...
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Industry Execs Consider Liquidity, Bringing Private Capital into Government-Dominated Market

May 19, 2016
The heavy role of Fannie Mae, Freddie Mac and Ginnie Mae in the post-crisis mortgage market has brought lower rates and considerable liquidity to the mortgage business, but industry leaders question whether private capital can meet the growing need to finance nonbank servicing portfolios and the eventual pullback of the Federal Reserve. “We wouldn’t have the same price we have now without the government being there; its programs provide a 2 to 3 percent discount,” said Stan Middleman, CEO of Freedom Mortgage Corp., during a panel session at the Mortgage Bankers Association’s secondary market conference this week. “They are the whole enchilada. If you took them out, we’d have nothing.” The government-sponsored enterprises are...
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As Lenders Await Son of TRID, CFPB Tries to Give More Clarity With Annotated LE and CD Forms

May 19, 2016
The Consumer Financial Protection Bureau last week issued annotated versions of the loan estimate and closing disclosure forms that provide citations to the disclosure provisions in Chapter 2 of the Truth in Lending Act referenced in the integrated disclosure rule. However, neither of the two documents appear to go anywhere near providing the kind of clarity the industry hopes to get from the agency’s recently announced new TRID rulemaking. In fact, the documents are more notable for what they do not provide than for what they do. “This document does not include...
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Conservative Groups Surprisingly Join the Bandwagon Calling for Recapitalizing Fannie Mae and Freddie Mac

May 19, 2016
Frustrated by inaction on housing finance reform, a dozen conservative organizations led by the National Taxpayers Union called on Congress to begin recapitalizing Fannie Mae and Freddie Mac. The coalition of center-right organizations urged Congress to pass H.R. 4913, the “Housing Finance Restructuring Act of 2016.” They said the Treasury sweep of the government-sponsored enterprises’ profits implemented in 2012 has “jeopardized” the financial system and taxpayers. “If there is one thing this presidential campaign has revealed, it is...
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Lenders Anxious About Ongoing HUD IG Audit of State Downpayment Assistance, But Keep Using the Programs

May 19, 2016
Residential lenders that rely on “downpayment assistance” programs (DPAs) operated by state housing finance agencies are growing nervous about a lengthy and ongoing audit being conducted by the Inspector General of the Department of Housing and Urban Development. Late this week, a spokesman for the HUD IG’s office confirmed to Inside Mortgage Finance that audit has yet to be completed. “It’s getting into the final stages,” he said. “We originally thought it would be done in early 2016.” He stressed...
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