The FHA will soon begin implementing system enhancements to the Electronic Appraisal Delivery (EAD) portal to improve its functionality further and to address user feedback. Use of the EAD portal becomes mandatory on June 27, 2016, when appraisers will begin to submit their appraisals electronically to FHA, reducing the time for processing and closing an FHA-insured loan. The FHA will implement the changes on March 14. First, reference to the six-digit alphanumeric “one-time key” used by a mortgagee’s designated EAD administrator to log into the EAD portal will be changed to “appraisal portal one-time key.” References to the key will be revised throughout the EAD portal screens and system-generated messages. The appraisal portal’s one-time key is generated in FHA Connection and is the last step in the initial EAD login process. In addition, users will be given a ...

A recent federal appeals court ruling that held Fannie Mae and Freddie Mac are private companies under the False Claims Act, and not government agencies, has stoked speculation about what it means for shareholder lawsuits challenging the Treasury Department’s net-worth sweep of capital from the two government-sponsored enterprises. On Feb. 22, the Ninth Circuit Court of Appeals ruled that claims cannot be brought against the GSEs under the False Claims Act because they are private companies. In United States ex rel. Adams v. Aurora Loan Services, Inc., et al., the government alleged FCA claims against a handful of lenders because of erroneous representations and warranties, similar to a number of FCA lawsuits successfully...

While they are effective, the VA’s Frequently-Asked-Questions on the qualified mortgage interim final rule provide helpful guidance on certain aspects of Interest Rate Reduction Refinance Loans (IRRRLs) origination as they relate to the VA QM rule, according to an analysis by the Washington, DC, law firm K&L Gates. The intricacies of IRRRL treatment under the interim final rule suggest the product may continue to be subject to ambiguities disproportionate to its limited role in the mortgage marketplace, wrote authors Kristie Kully and Eric Mitzenmacher, attorneys with the firm. VA’s interim final rule provides that all VA loans are QMs. The authors note that while most VA loans are safe harbor QMs under the rule, certain streamlined refinance loans (IRRRLs) are entitled only to a rebuttable presumption. Under the VA interim final rule, an IRRRL is deemed to have safe harbor QM status if the ...

HSBC North America Holdings agreed to a $470.0 million settlement late last week with the Department of Justice, 49 state attorneys general and other regulators. The settlement is similar to the $25 billion settlement five big banks agreed to in 2012 and suggests that regulators aren’t finished focusing on servicing issues that occurred during the financial crisis. “The agreement is part of our ongoing effort to address root causes of the financial crisis,” said Benjamin Mizer, a principal deputy assistant attorney general and head of the Justice Department’s Civil Division. The HSBC settlement includes...

The FHA flood insurance requirements could make it difficult or more risky for lenders to originate FHA loans in states with significant flood risk or where flood maps may not accurately reflect the current flood risks, the Mortgage Bankers Association warned. Testifying during a recent hearing on private flood insurance, Steven Bradshaw, executive vice president of Standard Mortgage and MBA representative, warned that FHA’s current requirement for lenders to secure flood insurance on properties only if it is located within a high flood-risk zone has had some unexpected adverse impact, particularly in the wake of hurricane-related catastrophes. Bradshaw noted that many homes that were destroyed by Hurricane Katrina were not located in special flood-hazard areas (SFHA) and therefore were not required to have flood insurance. “Sadly, these borrowers were often uninsured and the ...

Goldman Sachs last week announced it has agreed to a $5.1 billion settlement, the largest regulatory penalty in the firm’s history, concluding an investigation brought by the Residential MBS Working Group of the U.S. Financial Fraud Enforcement Task Force. The agreement in principle is poised to resolve actual and potential civil claims by the U.S. Department of Justice, the New York and Illinois attorneys general, the National Credit Union Administration (as conservator for several failed credit unions) and the Federal Home Loan Banks of Chicago and Seattle. At issue are...

The number of foreclosed properties and length of time it takes to foreclose is trending downward, but average time to foreclose is taking nearly three years or more in some states. RealtyTrac recently released its 2015 foreclosure report and noted that it took more than 1,000 days to foreclose in six states in the fourth quarter, with New Jersey leading the way at 1,180 days. That number is...

The Mortgage Bankers Association and flood insurance providers expressed support for legislation that would ensure the continued availability of federal flood insurance and, at the same time, facilitate the development of a private market for flood insurance. Industry representatives called for appropriate and timely long-term reforms to improve the National Flood Insurance Program, which provides mandatory flood insurance through private “write-your-own” flood insurance providers. Having gone through several extensions by Congress, the NFIP is scheduled to expire on Sept. 30, 2017, hence the call for private capital to provide flood coverage outside the NFIP. Testifying on behalf of the MBA during a recent House Financial Services Committee hearing, Steven Bradshaw, executive vice president of Standard Mortgage, said...

The Department of Veterans Affairs has posted a chart on its web site showing the revised maximum allowable foreclosure timeframes for each state in 2016. State foreclosure timeframes are used in calculating the maximum interest payable on a foreclosure of a VA loan. They are subject to annual reviews and revised as needed. The chart reflects maximum allowable foreclosure periods that include the 210 calendar days for unpaid interest as well as foreclosure periods without the 210 days. Specifically, the chart shows timeframes the VA has determined to be “reasonable and customary” for all states, following an annual review of amounts allowed by other government-related home loan programs, such as FHA, Fannie Mae and Freddie Mac. The chart also lists the maximum amounts that will be paid on a claim processed in the ...

Radian Guaranty became the first among seven private mortgage insurers to declare compliance with the regulatory capital standards under the Private Mortgage Insurer Eligibility Requirements (PMIERs). Radian met its PMIERs goals after receiving $325 million in cash and marketable securities from its parent Radian Group in exchange for a surplus note. In addition, the parent firm contributed $50 million to an exclusive affiliated reinsurer of Radian Guaranty. Radian Group expects the capital cushion to increase based in part on expected future financial performance at its MI subsidiary. Monies from other sources, including a profit commission of about $8 million based on performance to date, and $8.5 million in prepaid supplemental ceding commission also contributed to the MI’s capital. Hence, Radian Guaranty is not expected to require any additional capital contributions in order to ...