CFPB, Justice Department Engaged in Fair-Lending Investigations. The Department of Justice’s Civil Rights Division was engaged in 10 joint fair- lending probes with the CFPB at the end of 2014 as the result of referrals from the bureau, according to a recently released report to Congress. In five of the probes, the parties were in the midst of pre-suit negotiations, the report indicated. “In addition, seven joint investigations with the CFPB, which were initiated before 2014, are ongoing,” the report continued.The division received a total 18 referrals in 2014: 15 from the CFPB and three from the Federal Deposit Insurance Corp. Of those 15 referrals from the bureau, seven had to do with issues of race/national origin, three with ...
FFIEC Issues Revised Interagency Examination Procedures for Compliance with the TRID. The Task Force on Consumer Compliance of the Federal Financial Institutions Examination Council recently put out new interagency examination procedures for the Truth in Lending Act (TILA), as implemented by Regulation Z, and the Real Estate Settlement Procedures Act (RESPA), as implemented by Regulation X. These procedures reflect CFPB amendments to Regulations Z and X published in the Federal Register in December 2013 and February 2015. Most of the changes to the procedures relate to the integrated mortgage disclosure requirements under TILA and RESPA, commonly referred to as the “TRID” requirements. Office of the Comptroller of the Currency Bulletin 2015-27 makes available on the OCC website the revised interagency ...
VA home loan guaranty originations nearly caught up with FHA single-family volume in the first quarter of 2015, thanks to a strong pickup in veteran loan refinancings, an Inside FHA/VA Lending analysis of Ginnie Mae issuance data indicated. Refi loans accounted for 58.5 percent of VA loans securitized in the first quarter compared to just 34.4 percent of FHA loans in Ginnie mortgage-backed securities. Approximately $35.0 billion in VA loans were securitized in Ginnie Mae MBS in the first quarter, up 5.5 percent from the fourth quarter of 2014. On the other hand, $35.6 billion of FHA loans were securitized during the same period, down 1.8 percent from the prior quarter. Of the VA loans in Ginnie MBS, $14.5 billion were purchase mortgages, mostly delivered through retail and loan correspondents. Brokers accounted for only 8.5 percent of the purchase loans. Securitized VA purchase volume, however, was ... [2 charts]
Quicken Loan’s lawsuit against the government could help provide some certainty to lenders as to the proper legal standard for evaluating compliance with FHA rules and whether loan sampling is a permissible post-endorsement review strategy, according to legal experts. The adjudication of Quicken’s case against the Department of Justice in a public forum should clarify FHA policies, procedures, and the degree of future liability risks, experts said. Quicken Loans, the top FHA lender in 2014, sued the Department of Justice in federal court in Detroit April 17, accusing it of high-pressure tactics to admit wrongdoing and of using a small sample of flawed loans as a basis for claims under the False Claims Act. Up to that time, Quicken Loans had been the subject of an ongoing DOJ probe, which began three years earlier, in relation to its FHA lending practices. Quicken also asserted that, before filing its lawsuit ...
A high percentage of VA loans are not closing on time, potentially creating a disincentive for borrowers to use the product and opt for the competition instead, according to the latest Campbell/Inside Mortgage Finance’s HousingPulse Tracking Survey. Data showed that the share of VA loans closing on time declined to 55 percent in March 2015 from 70 percent in April 2014. This suggests that 45 percent of VA loans are experiencing serious delays in closing. “For VA, this is a significant change for the worse,” said Tom Popik, designer of the survey. The VA’s average closing time is 41 days as of March this year, up from around 39 percent a year ago. Comparatively, 75 percent of Fannie Mae and Freddie Mac loans with private mortgage insurance are closing on time as of March 2015, up from 68 percent a year ago. When delayed, VA closing takes a lot longer, 29 additional days, up from ...
The FHA Single-Family Policy Handbook’s effective date has been changed from June 15 to Sept. 14, 2015, the agency has announced. The affected sections include the following: Doing Business with FHA – Lenders and Mortgagees; Doing Business with FHA – Other Participants – Appraiser; and Quality Control, Oversight and Compliance. The section for Origination through Post Closing/Endorsement (OTPC/E) becomes effective for FHA case numbers assigned on or after Sept. 14. All applicable existing single-family handbooks, mortgagee letters and policy documents continue to apply until the OTPC/E section becomes effective, the agency said. A number of competing initiatives prompted the change of effective date. The FHA expects lenders to be fully compliant by Sept. 14. The FHA will continue to issue mortgagee letters periodically to ...
Sen. Chuck Grassley, R-IA, chairman of the Senate Committee on the Judiciary, has asked the Department of Housing and Urban Development to explain the duties and functions of two officials who were appointed as “principal deputy assistant secretary.” The appointments make it appear that HUD is deliberately circumventing the nomination process by creating new official titles for appointees without obtaining Senate confirmation, said Grassley. If that is the case, HUD Secretary Julian Castro may be in violation of the Vacancies Reform Act of 1998, the lawmaker warned. The statute provides several mechanisms to fill job positions that require candidates to be nominated by the President with the advice and consent of the Senate. “The Vacancies Act also declares that those mechanisms are the exclusive means of filling vacancies,” Grassley said. “Creating new job titles is not ...
The FHA has automated the delivery of notices to targeted lenders that receive an “unacceptable” rating following a post-endorsement review of a sample of their FHA-insured mortgage loans. The agency’s notification process shifted from manual to electronic effective on April 27, with the deployment of a new automated system for delivering notices of unacceptable findings, or eFindings letter. The change speeds up the process of determining whether a direct-endorsement lender should be subject to an indemnification request from FHA because of faulty underwriting. The enhanced delivery process will make it easier for lenders to do business with the FHA, the agency said. The post-endorsement audit is crucial to the success of the FHA’s direct-endorsement program. The FHA performs a post-endorsement technical review (PETR) on selected cases to evaluate the risk loans pose to ...
The Department of Agriculture’s Rural Housing Service now requires appraisals for all guaranteed single-family rural mortgages to be submitted with color photographs of the property to avoid delays in loan processing. The requirement is part of the agency’s effort to fully automate the RHS single-family housing guaranteed loan program. The program’s transition from a paper-based to a paperless documentation system began on March 28. Under the new system, lenders can upload all required origination documents electronically into the RHS Guaranteed Underwriting System and store them in the agency’s imaging repository. Black-and-white photos or copies of rural housing appraisals do not register clearly when uploaded and indexed into the system. This makes it difficult for agency reviewers to evaluate the condition and appearance of the property, causing delays in the ...
Freddie Mac has announced a new “modification solution” screen in Workout Prospector (WP) to facilitate the settlement of modifications of mortgages guaranteed by the Department of Agriculture’s Rural Housing Service. Before entering the data through the modification solution screen, servicers must first have RHS’ written approval to modify the loan, according to latest servicing guidance from the government-sponsored enterprise. When submitting data to Freddie via Workout Prospector, the servicer must complete the data entry in accordance with the instructions in the WP user’s guide and the terms of the RHS modification-approval letter, the GSE said. After completing its review of the data, Freddie will change the WP system status to either “approved” or “declined” with respect to the modification of an RHS mortgage. However, the change does not constitute an approval or denial of the ...