Federal prosecutors have been successful in defending their use of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 in pursuing mortgage-related securities fraud and will continue to use the statute aggressively in enforcement actions barring any adverse court action, according to industry compliance experts. Only a handful of FIRREA cases were filed in the first 20 years after enactment of the statute, mostly simple fraud cases. In the last two years, however, the government has aggressively used FIRREA and the False Claims Act to target financial institutions for activities related to the origination, rating, securitization and servicing of residential mortgages. Of the two statutes, the government has pushed...

Spurred by low interest rates and strong house price appreciation, Home Equity Conversion Mortgage loan originations rose 20.3 percent during the first nine months of 2013 compared to the same period the year before, according to Inside FHA Lending’s analysis of FHA snapshot data. HECM lenders reported $11.8 billion in total originations over the nine-month period, with initial principal amount at loan origination totaling $7.8 billion. Purchase reverse mortgage loans comprised 94.5 percent while fixed-rate mortgages accounted for ... [1 chart]

The FHA saw its share of the first-time homebuyer market drop slightly in 2013 because of higher fees and stringent mortgage insurance requirements, according to the latest Campbell/Inside Mortgage Finance HousingPulse Tracking Survey. First-time homebuyers still comprise a solid chunk of FHA’s traditional base, but there has been some erosion in the past year, the survey of real estate agents found. The decline was due to changes implemented by the Department of Housing and Urban Development, which resulted in higher mortgage insurance premiums for FHA loans. The agency also ...

The Department of Housing and Urban Development will accept electronic signatures on FHA loan documents provided the lender complies with the department’s latest e-sign guidelines. E-signatures are voluntary under current HUD rules. Effective immediately, however, HUD will accept such signatures on FHA paperwork relating to mortgage insurance, servicing and loss mitigation, FHA insurance claims, HUD real estate-owned sales contracts and related addenda as long as they meet the new requirements. The new policy applies to all FHA forward mortgages and Home Equity Conversion Mortgage loans. HUD will treat eligible e-signatures as ...

California lenders and realtors will appeal to the Department of Housing and Urban Development to reconsider changes in the FHA 2014 loan limits. Lenders doing business in counties that have been hard hit by the loan-limit changes are reportedly gathering data to support future requests to HUD to recalculate loan limits for a specific local area. An industry source said lenders in the Riverside-San Bernardino-Ontario housing market are gearing up to petition HUD to recalculate the FHA loan limits in those areas. Specifically, the median sales price for a one-unit property in the affected areas fell ...

The Senate this week passed bipartisan legislation that would delay unforeseen, excessive flood-insurance premium hikes for FHA and conventional mortgages nationwide. S. 1926, the Homeowner Flood Insurance Affordability Act, passed by a vote of 67 to 32, as amended. Introduced by Sens. Robert Menendez, D-NJ, and Johnny Isakson, R-GA, the bill would delay rate increases for up to four years by giving the Federal Emergency Management Agency time to study the problem and develop a plan to help homeowners who cannot afford higher premiums. The increases were mandated by the Biggert-Waters Flood Insurance Reform Act, which Congress ...

Ginnie Mae is considering lengthening the approval time for transfers of mortgage servicing rights (MSRs) to 90 days or more from the current 30 days but has yet to issue guidance. The agency alerted sellers of MSRs and their investment banking advisors of the forthcoming change in late November at an “education summit” in Washington, according to a participant, who preferred anonymity. New and existing issuers participated in the event, and a copy of Ginnie Mae’s presentation was provided to Inside Mortgage Finance, an affiliated publication. Ginnie Mae declined to comment on the report. However, according to the presentation, the reason for ...

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 ...

Fannie Mae and Freddie Mac are likely to find the multifamily MBS space to be noticeably more competitive this year as increasing levels of private capital respond to improving market conditions, one top government-sponsored enterprise official suggests. One of the most influential factors that will determine how much volume the GSEs do in multifamily will be “more competition in the market in 2014 than we saw in 2013,” thanks to increasing levels of private capital, according to Manny Menendez, senior vice president of multifamily capital markets and pricing for Fannie. Besides Freddie and FHA, the three other main competitors for Fannie in the sector are...

The Urban Institute said that new FHA loan limits may have a limited impact overall, but they could have dire consequences for some minority neighborhoods. The study found that the most affected metropolitan statistical areas had two things in common: they have a high share of FHA-insured loans, and their loan limits have dropped significantly. Of the 35 most affected MSAs, 13 are predominantly minority neighborhoods, all in California. “Many of the most affected areas have...