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FHA, VA Post Lower Denial Rates, Minorities More Likely Users of FHA

October 27, 2017
Overall denial rates for nonconventional loan applications (FHA, VA and Rural Housing Service) fell slightly in 2016 to 13.4 percent from 13.9 percent in 2015, Home Mortgage Disclosure Act data showed. In the nonconventional refinancing segment, denial rates rose to 32.9 percent last year from 30.3 percent in the previous year. Approximately 23.9 percent of FHA loan applicants were denied last year while VA turned down 20.0 percent of borrowers who sought a VA loan. An estimated 14.3 percent of FHA purchase-loan applicants were turned down. VA denied 11.4 percent of its purchase-mortgage applicants although its total purchase-loan applications are far fewer compared to FHA. According to the Federal Reserve’s overview of the 2016 HMDA data, as in past years, blacks, Hispanics and “other minority” borrowers had notably higher denial rates overall compared to white borrowers. Denial rates for ...
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Mortgage Complaints Fall Broadly As the Market Continues to Heal

October 23, 2017
Complaints consumers made to the CFPB about their mortgages fell in every single category tracked during the third quarter of 2017, according to a new analysis and ranking by Inside the CFPB, further evidence of the recovery underway in the market. In fact, the sole category that saw an increase on a year-over-year basis was the loan application/ origination grouping, which was still at elevated levels after a surge in the first quarter, possibly due to issues associated with the implementation of the integrated disclosure rule. Total criticisms fell by 21.2 percent from the second quarter to the third, and by 27.7 percent from the third quarter of 2016 to the third quarter of 2017. [With exclusive data] ...
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Carson Open to Excising HECM From Mortgage Insurance Fund

October 13, 2017
Department of Housing and Urban Development Secretary Ben Carson indicated he is open to the idea of moving the Home Equity Conversion Mortgage program out of the FHA Mutual Mortgage Insurance Fund to stem future losses. Testifying before the House Financial Services Committee this week, Carson said the changes the department has made recently, as well as those currently under consideration, will eliminate most of the program’s problems although residual issues may still linger. Carson acknowledged that the HECM program’s default rate has been a drain on the MMI Fund even though it is much smaller than the FHA’s forward loan portfolio. The recently revised HECM rules issued on Sept. 19 have “stopped the bleeding” in terms of new reverse mortgages, he added. However, separating the HECM portfolio from the FHA insurance fund and making it a stand-alone program is ...
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Ginnie Mae, VA Announce Joint Task Force to Stop Improper Refis

October 13, 2017
Ginnie Mae and the VA this week officially announced a joint-agency task force to deal with the loan-churning problem that is triggering faster prepayments in Ginnie mortgage-backed securities pools. Specifically, the task force will scrutinize aggressive and misleading refinancing offers and address loan churning and repeated refinancings. It will also examine critical issues, data and lender behaviors related to refinancing loans, as well as determine the kind of policy and program changes agencies should make to ensure VA refi loans do not pose an undue risk or burden to vets and taxpayers. Both the VA and Ginnie Mae programs work best when market participants use them to provide a benefit to VA borrowers and, ultimately, lower vet’s costs, officials said. The task force has begun examining data and information to ensure refi loans provide net tangible benefits to veteran-borrowers. In addition, the ...
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HUD Dumps Lender Insight for New Loan Review Summary Report

October 13, 2017
The Department of Housing and Urban Development is discontinuing its quarterly newsletter, Lender Insight, with the implementation of FHA’s Loan Review System. The change is aimed at improving both FHA’s and lenders’ quality-control and risk-management operations. HUD will be publishing a quarterly Loan Review Summary Report to provide a snapshot of the results of FHA’s quality-control review of mortgage originations over the preceding 12 months. According to HUD, the report will include only underwritten loans that were subject to a post-endorsement technical review. It does not include the results of lenders’ self-reports or any other loans that were reviewed as part of a lender examination, the agency said. The report will show the initial rating of all loans, the updated rating six months from the end of the review period, and a final rating. The “final” rating is subject to change as long as ...
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Consumer Complaints About Credit Reports Surged in Third Quarter

October 9, 2017
Consumer complaints to the CFPB about credit reports jumped in the third quarter, during which the massive Equifax data breach occurred, and year over year, according to a new analysis by Inside the CFPB. Gripes to the bureau leapt by 53.4 percent from the second quarter to the third, our analysis found, and skyrocketed 86.2 percent from year-ago levels. Criticisms about credit reports went from 12,830 in the first quarter of 2017 to 19,685 in the second, to 29,466 in the third. And it may get worse before it gets better, as the bad news about the Equifax hack makes its way further into the general population.Equifax-related complaints rose 131.2 percent during the period ending ... [With exclusive data]
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HUD Seeks Some Flexibility in Implementing Servicing Policy

September 29, 2017
The Department of Housing and Urban Development has asked its inspector general for some leeway in making much needed changes to ensure servicers are employing loss mitigation. Responding to an audit, HUD asked the IG to modify some of the recommendations to enable the agency to make policy changes where needed and in a suitable format. HUD also requested that recommendations regarding indemnification and servicing be tweaked so that remedies will be required only when a deficiency is found. The IG audit was based on the result of an analysis, which showed that servicers may not be always evaluating delinquent FHA borrowers for loss mitigation as required and that HUD’s oversight in this area is weak. According to the findings, HUD did not have adequate controls to ensure that servicers of FHA-insured single-family loans properly engaged in ...
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GSE Reform Efforts Could Benefit From Ginnie’s Anti-Churning Action

September 29, 2017
A Ginnie Mae crackdown on abusive VA refinancing could be positive for housing finance reform, according to a Washington research organization. In a recent analysis, the Cowen Washington Research Group said Ginnie’s effort to rein in lenders that are engaging in churning might benefit those who are trying to revamp Fannie Mae and Freddie Mac. “We expect Ginnie Mae will succeed in curbing prepayment speed on VA mortgages,” wrote Jaret Seiberg, a financial services and housing policy analyst with the Cowen Group. “The crackdown is positive for government-sponsored enterprise reform as it should restore the spread between Ginnie and Fannie/Freddie MBS.” According to Seiberg, GSE reform advocates could potentially use the spread to pay for a housing finance bill that includes a government guarantee on the resulting MBS. Acting Ginnie Mae President Michael Bright has pledged to ...
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Ginnie Mae to Take Action Against Illicit Refinancing of VA Mortgages

September 15, 2017
Rapid, aggressive refinancing of VA loans has made a comeback with some issuers using strategies to mask the practice and avoid possible penalties, including expulsion from the Ginnie Mae program, according to a top agency official. Responding to concerns raised by Sen. Elizabeth Warren, D-MA, Michael Bright, acting Ginnie Mae president and chief operations officer, said a joint Ginnie Mae/VA lender-abuse task force is analyzing monthly data and developing additional policy measures to deal with the problem. Bright confirmed the resurgence of inappropriate streamline refinancing in Ginnie securitization pools in recent weeks and has promised to crack down on the questionable practice. The problem surfaced last year when Ginnie Mae noticed unusually fast prepayment speeds in its mortgage-backed securities, particularly MBS backed by VA loans. Ginnie found that certain lenders and ...
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Legal Experts Suggest Five ‘Fixes’ To Avoid Unfounded FCA Claims

September 15, 2017
Compliance attorneys are calling for legislative changes to prevent possible misuse of the False Claims Act that could result in settlements that could be financially devastating to mortgage lenders. Concerns about possible government misuse of FCA provisions are evident in the statutory qualifiers that are already embedded in the existing statute, according to a recent analysis by Krista Cooley and Laurence Platt, attorneys and partners in the Washington, DC, office of Mayer Brown. The qualifiers are in the main provision of the FCA that the Department of Justice has used against mortgage lenders and servicers, the attorneys said. The provision imposes liability on any person who “knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval” or “knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or ...
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