Whistleblowers that bring a False Claim Act claim against an FHA lender based on previous publicly disclosed information have no standing, according to a recent federal district court ruling. Judge Jack Zouhary of the U.S. District Court for the Northern District of Ohio dismissed an FCA lawsuit against U.S. Bank because the whistleblower had neither direct nor independent knowledge of the bank’s alleged false claims – two basic requirements for standing in a whistleblower suit. The Advocates for Basic Legal Equality (ABLE), an Ohio-based legal aid group, filed an FCA lawsuit against U.S. Bank for allegedly disregarding and violating FHA regulations. The group accused the bank of filing false claims and collecting payments without evaluating loss mitigation alternatives before foreclosing on properties. According to ABLE, it had consulted with “many people,” whose mortgage loans were ...

The Department of Veterans Affairs is looking into reports that a high percentage of VA loans are not closing on time, creating a disincentive for veterans who might want a VA loan. According to Jeff London, deputy director of the VA Loan Guaranty Service, his staff is researching the most recent closing times “to understand the reasons behind the increase for the industry as a whole” as well as how lengthy closing times are affecting veterans. “We have invested significant effort in reducing closing times so that our industry partners will seek to offer VA loans,” he said. Results of a recent Campbell/Inside Mortgage Finance HousingPulse Tracking Survey indicate that the share of VA loans closing on time fell to 55 percent in March 2015 from 70 percent in April 2014. The data suggest that 45 percent of VA loans are still experiencing serious delay. In addition, the average closing time for a VA loan was ...

The Department of Veterans Affairs has issued a policy clarifying that VA lenders must treat veterans in same-sex or opposite-sex marriages equally and fairly when processing and underwriting their home-loan applications. The policy is effective immediately. Under the new policy announced on May 19, the VA will process all claims and applications involving same-sex marriages in the same manner as claims and applications based on opposite-sex marriages, “without any additional scrutiny or development.” Language on VA forms, web pages and other VA communication materials will be revised to ensure that all veterans, VA program administrators and personnel are aware of the equal-treatment policy. The new instructions require VA lenders to accept a claimant’s or an applicant’s assertion of ...

Congress is considering streamlining the U.S. Department of Agriculture’s single- and multifamily housing programs as lawmakers expressed concern about reports of inefficiency, inflexible underwriting and weak risk management. In an oversight hearing conducted recently by the House Financial Services Subcommittee on Housing and Insurance, lawmakers also considered a suggestion to merge the USDA’s Rural Housing Service and FHA single-family mortgage insurance programs because of overlapping functions and certain similarities in their borrower profiles. “The process of dealing with RHS is a nightmare,” said Blaine Luetkemeyer (R-MO), vice chairman of the committee. “It is 2015 but we have a housing program that operates like it is 1975.” Complaints against the RHS include little or no accountability across government programs, significant lack of ...

VA loan servicers are now required to request a redemption quote from the agency’s property management contractor, Vendor Resource Management (VRM), to avoid any confusion in the future about such quotes. In recently issued guidance, the VA established standard procedures for redeeming VA property, after foreclosure, in states that allow “statutory redemption.” Statutory redemption refers to a borrower’s right to regain ownership of his or her home that has been foreclosed. Statutory redemption laws allow the borrower a limited amount of time to redeem their property if they are able to buy it back at the price for which it was sold at foreclosure. The redemption window varies by state and ranges from 30 days to 2 years. At the time of redemption, the entire underlying mortgage debt plus interest, foreclosure fees and other costs are due. In most cases, the servicer has ...

New entrants in the Ginnie Mae issuer community expand access to credit at lower cost, deepen the market for Ginnie mortgage servicing rights and help address the agency’s “too-big-to-fail” issue, said the agency’s top executive. “Our top concern is that issuers have the operational and financial strength to meet issuer/servicer obligations,” Tozer said during the recent secondary market conference sponsored by the Mortgage Bankers Association. The flood of new nonbank issuers into the program has been well documented. While they have diluted the heavy concentration of business in the hands of a few megabanks, many have complex financial structures that are less tested in the marketplace, he said. The pipeline of issuer applicants has dropped dramatically, the Ginnie executive reported. To get approved, an applicant has to show where the cash will come from to ...

Genworth U.S. Mortgage Insurance said the FHA mortgage insurance premium reduction earlier this year has not had much of an impact on private MI business so far in terms of creating more competition. “I would say competition with FHA is about the same,” said Rohit Gupta, president and CEO of Genworth. “We have seen the FHA price reduction actually having more impact on FHA streamline refis. Borrowers who have gotten into FHA loans three years ago are refinancing into another FHA loan just to reduce their annual payment.” In January, the FHA pared its annual MIP from 1.35 percent down to 0.85 percent to win over first-time homebuyers and other qualified borrowers. While Gupta emphasized that on the purchase side there hasn’t been that big of an impact yet, he said “we might have seen a little bit of an impact in the first quarter but nothing significant yet.” He added there are a lot more ...

FHA Releases Planned System Enhancements for SF Policy Handbook. The FHA is providing an overview of the FHA Connection (FHAC) system enhancements to help lenders get ready before the Single-Family Policy Handbook’s Sept. 14, 2015, effective date. The system enhancements primarily affect three screens in the FHAC case assignments, appraisal logging and insurance application. In the coming weeks, FHA plans to provide technical details for entities using direct interface with FHAC. FHA Announces Availability of Recorded Training Modules for SF Policy Handbook. FHA-approved mortgagees may now use new-recorded training modules to guide them through the ...

The Department of Housing and Urban Development is seeking comment on proposed changes to FHA’s loan certification document to make it less likely for direct-endorsement lenders to be sued for loan fraud over a technical glitch or an unintentional oversight. Language in Form 92900-A (HUD Addendum to Uniform Residential Loan Application), a loan-certification document signed by lenders, has been revised to reflect updated provisions in the new HUD Single Family Policy Handbook, a compendium of FHA policies and guidelines. The proposed changes would differentiate...

Mortgage originations are already off to a better start in 2015, and industry economists are predicting, on average, a 15 percent increase from last year’s sluggish output. But uncertain prospects in the housing market point toward a decline in mortgage originations next year, according to forecasters at the secondary market conference sponsored this week by the Mortgage Bankers Association. 2015 should bring the strongest housing sales volume since 2007, said Leonard Kiefer, deputy chief economist at Freddie Mac. Sales activity was decent over the winter, despite severe weather in many areas, but the market has yet to get back to normal. Freddie looks...[Includes one data table]