The Department of Housing and Urban Development has made further clarifications to policy guidance related to the treatment of eligible and ineligible non-borrowing spouses of deceased Home Equity Conversion Mortgage borrowers. According to Mortgagee Letter 2015-02, FHA lenders must identify at application any current non-borrowing spouses and must determine whether they are eligible for protection against “due and payable” requirements that kick in upon the death of the HECM borrower. This protection is a provision in the HECM document requiring that full payment of the entire mortgage be deferred for as long as a non-borrowing spouse continues to meet all the requirements of the provision. Specifically, the eligible, non-borrowing spouse must establish, within 90 days from the death of the HECM borrower, legal ownership or other ongoing legal right to ...
Ginnie Mae will soon introduce the third prong of a strategy to improve its oversight of participants in its mortgage-backed securities program – a performance scorecard for issuers – and monitoring of its risk. Essentially a “scorecard,” the Issuer Operational Performance Profile (IOPP) will enable issuers to better understand and comply with Ginnie Mae’s expectations. It also provides a way for issuers to measure and improve their performance and compare it to the performance of their peers. Final testing and training for IOPP began this winter, with deployment expected “in early 2015,” the agency said. Issuers will be scored monthly based on a series of metrics. Each issuer will be rated against its peers by applying a weighting algorithm and, in some cases, adjusting for certain control factors. Each issuer will receive two scores: one for operational management and ...
Streamlined FHA refinance volume increased slightly in the third quarter of 2014 as incentives put in place in 2013 continued to attract FHA borrowers, according to an Inside FHA Lending analysis of agency information. Streamlined refi production rose 2.4 percent in the third quarter of last year, closing a nine-month period with $14.2 billion in new loans. A comparison of nine-month FHA-to-FHA refinance activity, however, shows volume falling a hefty 79.6 percent year over year. As of Sept. 30, 2014, streamlined refinances accounted for 14.3 percent of total FHA originations. The FHA announced a revised streamlined refi program in December 2013 to help FHA borrowers with underwater mortgages to refinance without added cost or penalty. The loan does not require an appraisal or verification of job, income or credit. A perfect, three-month payment history is required and ... [ 1 chart ]
Ginnie Mae Allows Rate-Change Dates in HMBS Annual ARM Pools. Ginnie Mae has decided to permit annual adjustable-rate Home Equity Conversion Mortgage pools to contain participations with different interest-rate adjustment dates. The participations in a pool must have the same adjustment date as the individual HECM loans to which they are related and an interest rate that adjusts on annual basis. In addition, participations must have a rate adjustment that will take place within 12 months following the month of pool issuance. This policy change is effective with Jan. 1, 2015, issuances and, thereafter, for both Constant Maturity Treasury and LIBOR index-based loan pools. Rescission Dates for Electronic Signatures/VA Guaranteed Home Loans, SCRA Requirements Extended. The Department of Veterans Affairs has extended the rescission date for ...
Compass Point Research told clients that the case not only directly affects mortgage originators, but has implications for other lending sectors as well.
Trying to handicap a forthcoming ruling from the highest court in the land is notoriously fraught with difficulty and unpredictability, given that the justices of the U.S. Supreme Court have a penchant for playing devil’s advocate on both sides of a legal issue. But comments made this week by one of the conservative justices, Antonin Scalia, during the high court’s consideration of the latest disparate-impact case to reach it made it clear he believes the legal doctrine of disparate impact is a part of the contemporary legal landscape. And that could prove to be pivotal to the ultimate outcome. The central legal question in Texas Department of Housing and Community Affairs, et al., v. The Inclusive Communities Project Inc. (No. 13-1371) is whether disparate-impact claims are cognizable under the Fair Housing Act of 1968. The state of Texas is challenging...
The Consumer Financial Protection Bureau this week countered mortgage-industry criticism about its recently launched interest-rate checker tool. “The rate checker is an educational tool and is not a substitute for shopping,” a spokesman for the bureau told Inside Mortgage Finance. “One of the findings of our survey was that consumers who said they were very familiar with available interest rates were almost twice as likely to shop, compared to those who were unfamiliar.” Further, before consumers make a final decision about a loan, they should compare...
The Consumer Financial Protection Bureau this week made final two tweaks to its integrated disclosure rule that were proposed back in October, both of which will give mortgage lenders a little more flexibility. Under the first change, lenders will have to provide a revised loan estimate within three business days after a consumer locks in a floating interest rate. Under the original rule, lenders would have had to provide the revised LE on the date the rate was locked. “After hearing feedback from stakeholders, the bureau determined...
Shortly before he left office, the former chairman of the Senate Banking, Housing and Urban Affairs Committee urged the Consumer Financial Protection Bureau to fix a problem that may prevent some loans from being classified as qualified mortgages. Former Sen. Tim Johnson, D-SD, said the problem in the CFPB’s points-and-fees definition was the result of a drafting error in the Dodd-Frank Act, which established the qualified mortgage under the ability-to-repay regulation. Loans with points and fees exceeding 3 percent can still be legal under the ATR, but the lender doesn’t get the liability protection afforded QMs. “The calculation of points and fees for purposes of determining what is a qualified mortgage was not intended...
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