VA Lenders’ Compliance with CFPB’s Ability-to-Repay and Qualified Mortgage Rules. Until the Department of Veterans Affairs’ rule on ATR/QM is in place, all VA lenders must comply with the requirements of the Truth in Lending Act, as established by the Consumer Financial Protection Bureau’s ATR/QM rule, according to a recent agency guideline. VA will continue to guarantee all loans made in compliance with existing VA requirements, regardless of their QM status, the agency clarified. It urged lenders to refer to the CFPB guidance to ensure all their VA loans are ...

The Senate was scheduled to vote late this week on legislation that would delay excessive increases in flood-insurance premiums that are set to take effect as a result of the Biggert-Waters Flood Insurance Reform Act of 2012. Earlier this week, the Senate voted 86 to 13 to move forward with debate on the Homeowner Insurance Affordability Act (S. 1926), a bipartisan bill that was introduced in the Senate and in the House of Representatives to fix some of the ill effects of the Biggert-Waters Act. The vote stopped a filibuster seeking more subsidy cuts to the program. Sponsored by Sens. Robert Menendez, D-NJ, and Johnny Iskason, R-GA, the bill would delay...

One of the complications of the federal government’s takeover of Fannie Mae and Freddie Mac has been the injection of uncertainty over whether the two government-sponsored enterprises can foreclose by advertisement due to Uncle Sam’s control of the companies. That has bred some novel legal arguments against the GSEs’ ability in this regard, but they have met with mixed results thus far. “Over the past several months, one of the newer arguments challenging foreclosure by borrowers is...

The fee increases and stiffer mortgage-insurance requirements implemented on FHA mortgages in the past year have helped reduce the agency’s share of originations to first-time homebuyers. First-time homebuyers have traditionally been heavily reliant on FHA financing and that continues to be the case, though the FHA’s dominance has declined significantly in the past year. At the start of 2013, FHA mortgages were used in about one of every two home purchases by a first-time buyer ... [Includes one data chart]

Fannie Mae and Freddie Mac securitized a total of $43.18 billion of single-family mortgages that carried private mortgage insurance during the fourth quarter of 2013, according to a new market analysis and ranking by Inside Mortgage Finance. That was down 25.8 percent from the $58.18 billion of private MI mortgages securitized by the two government-sponsored enterprises in the third quarter of last year. The silver lining was that overall GSE production declined even more, with new GSE mortgage-backed security issuance dropping 36.1 percent from the third to the fourth quarter. Overall, some 23.8 percent of GSE-securitized single-family mortgages had...[Includes two data charts]

The FHA's recently updated manual underwriting standards provide some objective criteria for qualifying more borrowers but, at the same time, some of those standards could bar certain people from obtaining an FHA mortgage, according to compliance experts. A key change in the guidelines is the lowering of the credit score threshold from 620 to 580 to allow manually underwritten borrowers – those that have received a “refer” recommendation from FHA’s Total Mortgage Scorecard or those that were not scored because they did not have credit scores – to use compensating factors in order to ...

Program eligibility is one of the top five reasons a loan can get an “unacceptable” rating in a post-endorsement technical review of a targeted sample of FHA loans. In a sample review conducted by FHA between July 1, 2013, and Sept. 30, 2013, 10 percent of the 6,692 targeted loans were defective due to program eligibility. Of that 10 percent, 76 percent were rated unacceptable by FHA. The results reflect the initial rating of each file reviewed during the quarter, which include conforming, deficient and unacceptable. An unacceptable rating may change if the lender submits mitigating documentation to FHA. But even if subsequently mitigated, the fact ...

Lenders whose fiscal years ended on Oct. 31 or Nov. 30, 2013, must complete their annual recertification by their respective deadlines, Jan. 31 and Feb. 28, 2014, or face dire consequences, the FHA warned. These lenders must complete their recertification through the current system, the Lender Assessment Sub-System (LASS), which will soon be retired and replaced with the Lender Electronic Assessment Portal (LEAP). The LASS enables lenders to submit their information, including net worth, liquidity and audited financial data, electronically. LEAP will go live in April and ...

The Department of Housing and Urban Development’s Mortgagee Review Board sanctioned 57 lenders in FY 2013 and withdrew the authority of 29 others to originate, underwrite and service FHA-insured loans due to various offenses. The MRB meted out civil fines of more than $2.5 million and imposed sanctions from Oct. 1, 2012, through Sept. 30, 2013, according to an agency report. Additionally, the FHA reached 21 settlement agreements with various lenders in FY 2013, and entered into indemnification agreements with 10 more lenders during the period. The agreements covered 187 FHA-insured mortgage loans. Cases heard by the MRB from ...

The Department of Housing and Urban Development has replaced the information brochure that goes with FHA lenders’ mandatory cover letter alerting delinquent borrowers of the possibility of foreclosure. HUD requires lenders to notify FHA borrowers in default no later than the 60th day of delinquency via cover letter and a copy of a brochure, “Save Your Home: Tips to Avoid Foreclosure.” This resource replaces the previous brochure, HUD-PA-426, and includes information on the revised loss-mitigation tools available for delinquent FHA borrowers. The new brochure has been ...