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Home » Topics » Regulation » Ability to Repay

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FHA Securitization Volume Up, Purchase Accounts for Increase

December 11, 2015
Approximately $191.8 billion in FHA-insured mortgage loans were securitized during the first nine months of 2015, surpassing the $158.1 billion of FHA loans that were placed in Ginnie Mae pools last year, agency loan-level data show. Securitized FHA purchase loans accounted for $111.7 billion of Ginnie Mae mortgage-backed securities issued over the same period. FHA refinance securitization totaled $66.8 billion. Modified FHA loans were also included in Ginnie MBS totals. The FHA loans in Ginnie MBS had an average loan-to-value ratio of 92.9 percent and an average FICO score of 677.5 percent, reflecting the single-family program’s traditional borrower base. The loans had an average debt-to-income ratio of 39.8 percent. FHA loans accounted for 19.8 percent of loans that underlie Fannie Mae, Freddie Mac and Ginnie Mae MBS. On the other hand, the same loans accounted for 41.2 percent of insured loans in ... [ 1 chart ]
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Latest FCA Settlements Indicate Closer DOJ Scrutiny of Nonbanks

December 11, 2015
The Department of Justice has announced settlements with two nonbank FHA originators to resolve allegations of FHA underwriting fraud and False Claims Act violations. Franklin American Mortgage in Franklin, TN, recently agreed to pay $70 million to resolve allegations it knowingly originated and underwrote FHA-insured loans that did not meet agency guidelines. There were also quality-control issues. According to the DOJ, Franklin Mortgage, a direct endorsement lender, agreed it had certified ineligible loans for FHA insurance starting Jan. 1, 2006, including single-family residential loans, reverse mortgages and streamlined refinances. Those loans later resulted in claims submitted to the Department of Housing and Urban Development, causing losses to the FHA insurance fund. The DOJ also alleged that the nonbank lender employed unqualified junior underwriters and set high quotas for its ...
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Exit from the FHA Market Likely to Have Little Impact on FHA Volumes

December 11, 2015
Quicken Loans’ chief executive officer reiterated threats by company owner Dan Gilbert to exit the FHA business amid concerns about a forthcoming lender-certification rule and an ongoing court battle with the Department of Justice. A report by Reuters quoted Gilbert earlier this week as saying he is considering pulling Quicken Loans out of the FHA market. In an interview with IMFnews, Quicken CEO Bill Emerson said top management would be remiss if it did not think about exiting the business. Quicken will decide whether to stay or go after the FHA releases its revised rule on lender certification later this month, he said. The revised proposal restores a provision initially removed from the original proposal, which would require lenders to certify that neither the firm nor its officers have been suspended, debarred or excluded from participation in any federal agency transactions. In addition, the revised proposed rule requires ...
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Analyst, Former FHA Chief Call for Severing HECMs from MMI Fund

December 11, 2015
An Urban Institute analysis echoed observations in the FY 2015 actuarial audit of the FHA Mutual Mortgage Insurance Fund, calling for the separation of the highly volatile reverse mortgage portfolio from the fund. Assessing the performances of the larger forward mortgage portfolio and the smaller Home Equity Conversion Mortgage portfolio when determining FHA’s financial status results in an inaccurate picture, warned Laurie Goodman, director of the institute’s Housing Finance Policy Center. Including the highly unstable, unpredictable HECM business in FHA’s solvency calculation severely distorts the fund’s true financial condition, she said. Goodman’s dire warning puts a damper on the actuarial audit, which, for the first time since 2009, reported the fund’s capital ratio over the 2.0 percent statutory threshold, up from 0.41 percent in FY 2014 and a year earlier than projected in the ...
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Industry Secures Minor Reg Relief, But Significant Moving Parts Remain in Play Until Last Moment

December 10, 2015
The mortgage industry has notched one modest victory on Capitol Hill and continues to hope for more as lawmakers try to wrap up a spending bill for the government’s 2016 fiscal year. The victory is a new process for banks and others to petition the Consumer Financial Protection Bureau to designate an area as “rural” or underserved for the purposes of the CFPB’s ability-to-repay rule. More flexible mortgage products, such as balloon loans, are permitted in such markets. The change was included...
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Morningstar Proposes New Criteria for Residential MBS, Previous Criteria Failed to Get Much Business

December 4, 2015
Morningstar Credit Ratings proposed new criteria this week to rate residential MBS. The rating service published similar criteria in May but Morningstar has only rated one deal backed by new residential mortgages since then. The biggest addition in the proposed criteria details how Morningstar plans to handle transactions that include primary mortgage insurance. The provision could help Morningstar rate risk-sharing transactions from the government-sponsored enterprises. The rating service said...
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House Votes to Extend QM Safe Harbor, But Can GOP Prevail?

November 30, 2015
The U.S. House of Representatives voted 255 to 174 recently to expand the CFPB’s qualified mortgage safe harbor to include all residential mortgages held in the originating lender’s portfolio. Similar legislative language exists in S. 1484, the Financial Regulatory Improvement Act of 2015, the regulatory relief bill pushed by Senate Banking, Housing and Urban Affairs Committee Chairman Richard Shelby, R-AL, which is going to be incorporated into appropriations legislation shortly. The big questions now are whether those QM provisions will remain attached to the next spending bill as it moves through the nation’s legislature, and if so, whether congressional Republicans can again succeed in using the appropriations process to bypass Democrat opposition. Now the bad news: The White House has ...
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Mortgage REITs Are Quietly Looking Into Non-QM, Nonprime and Consumer Loans

November 25, 2015
A handful of publicly traded real estate investment trusts have been quietly making inquiries about buying residential loans that do not meet the qualified mortgage standard, including subprime credits and even unsecured consumer loans, according to players on both sides of the equation. One executive who manages a REIT that plays in the jumbo market admitted as much in an interview with Inside MBS & ABS, but pointed to one major deterrent: the Consumer Financial Protection Bureau. “We’ve tried to get clarifications from them on such things as the ability-to-pay rule, but they haven’t been very helpful,” he said. The source noted that his REIT has so far avoided buying any nonprime, non-QM loans, saying he fears the regulator will ...
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FHA Enjoys a Robust Year as MIP Cut Boosts New Loan Originations

November 25, 2015
The first nine months of 2015 have seen a tremendous increase in FHA single-family originations as borrowers took advantage of a 50 basis-point premium reduction implemented earlier this year, according to Inside FHA/VA Lending’s analysis of agency data. Total FHA loan production during the first nine months of 2015 was up a whopping 81.3 percent increase. Data also showed a 13.1 percent increase in the third quarter from the prior quarter. It is hard to imagine that back in February this year, we reported a dismal ending for 2014, where overlays and high-loan costs caused an 8.1 percent decline in FHA endorsements in the fourth quarter and a 36.6 percent drop from 2013. In 2015, FHA fixed-rate originations increased 12.7 percent from the second to the third quarter, and rose 86.0 percent on a year-to-date basis. In 2014, conversion ... [ 2 charts ].
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Strong Divide on Portfolio QM Bill

November 25, 2015
President Obama last week threatened to veto legislation progressing in Congress to provide qualified-mortgage status to loans held in portfolio by depository institutions. Industry analysts suggest that the bill still has a chance at being signed into law, if adjustments are made. The House approved H.R. 1210, the Portfolio Lending and Mortgage Access Act, on a 255-174 vote last week. Similar legislation is under consideration in the Senate. The bill in the House would ...
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