FHA is offering new options to victims of hurricanes Harvey, Irma and Maria as well as California wildfires and subsequent flooding and mudslides to avoid foreclosures. Eligible disaster victims in Texas, Louisiana, Georgia, Florida, South Carolina, California, Puerto Rico and the U.S. Virgin Islands may get FHA foreclosure relief, which would allow them to remain in their homes and, at the same time, reduce losses to the mortgage insurance fund. FHA has instructed servicers to reach out to the victims with the new option, “Disaster Standalone Partial Claim.” The new option allows an interest-free second loan to cover up to 12 months of missed mortgage payments. The loan is payable only when the borrower sells the home or refinances the mortgage. The expanded loss mitigation will also streamline income documentation and other requirements to expedite relief to struggling homeowners while they are ...

The Department of Housing and Urban Development has notified states receiving federal funding for recovery efforts from last year’s disastrous hurricanes to take into account the rising sea level when rebuilding in flood-prone areas. The directive appears to follow Obama-era mandates requiring federally funded infrastructure projects to factor climate change and rising sea level when building in areas that could be vulnerable to flooding. However, six months ago, before Hurricane Harvey ravaged Texas, President Trump, a non-believer in climate change, rescinded the Federal Flood Risk Management Standard established by President Obama in 2015. There was concern that things would revert to the pre-hurricane days when federal funds were wasted on bad infrastructure, said Rob Moore, a senior policy analyst at the Natural Resources Defense Council. “But HUD is doing the ...

IG Looking into Role Secretary’s Family Plays at HUD. The Department of Housing and Urban Development’s inspector general is looking into the role members of Secretary Ben Carson’s family have played at the agency, CNN reported this week. According to the report, Carson himself called for the IG review following an earlier Washington Post report that HUD officials are raising ethics questions about the activities of Carson’s son and daughter-in-law at the agency, including helping to organize a listening tour for the new secretary in Baltimore last year. HUD’s lawyers reportedly warned Carson of a potential violation of federal ethics rules, according to an internal memo the Post obtained through the Freedom of Information Act. Ginnie Mae MBS Outstanding Increases to $1.9 Trillion. Ginnie Mae’s mortgage backed-securities issuance totaled $36.4 billion in January, which included ...

The Trump administration proposed a new fee on FHA lenders to upgrade the agency’s ancient technology – a plan that’s been raised by several administrations only to be batted away by Congress.

Ginnie Mae this week warned nine VA lenders suspected of engaging in loan churning to each develop a plan to slow the rapid pace of prepayments they have triggered in the agency’s securitized loan pools. According to Ginnie, the issuers were directed individually to deliver correction action plans containing measures that could be deployed immediately to bring prepayment speeds in line with market peers. The agency told issuers they would be barred from multi-issuer pools if they do not come up with a plan. Participation would be allowed only in the agency’s custom pools. The latest action builds off the Ginnie Mae/VA Loan Churn Task Force, which has been working since September to resolve the churning problem. “We have an obligation to take necessary measures to prevent the lending practices of a few from impairing the performance of our multi-issuer securities, and thus raising the ... [ Chart ]

The steadiest source of new FHA and VA loans flowing into Ginnie Mae mortgage-backed securities came from correspondent lending platforms, according to a new Inside FHA/VA Lending analysis. In the fourth quarter, however, correspondent originations declined more than retail and wholesale-broker production. Ginnie last year securitized $115.05 billion of FHA loans that issuers acquired from correspondent lenders. That was down 2.8 percent from 2016, but total FHA loan deliveries dropped 13.9 percent over that period. The correspondent share of the FHA market rose to 48.6 percent last year, a gain of 5.5 percentage points from 2016. FHA loans generated by brokers accounted for 14.8 percent of 2017 activity, up slightly from the previous year. But retail-originated FHA loan volume plummeted 25.5 percent, dropping the channel’s share of the market to 36.6 percent – down from 42.3 percent back in ... [ Chart ]

The Department of Veterans Affairs will require lenders to provide early disclosures to veterans seeking to refinance into a VA Interest Rate Reduction Refinance Loan. The new policy aims to ensure that the VA streamline refi loan they sought would actually lower their monthly mortgage payments and is not just a scam for lenders to charge higher fees. Loan churning, or serial refinancing, is at the root of the VA policy change. Churning refers to multiple refinancing of an unseasoned mortgage loan within a very short time, often within six months of origination. Serial refinancing may add more payments and interest to the new loan, prolonging debt repayment, and can strip equity. It also potentially raises the risk of default by the borrower. In addition, the risk of prepayment could affect pricing of Ginnie Mae securities, which could cause lenders to charge higher rates on VA loans to make up for the ...

Two recent internal policy memos from the Department of Justice suggest that the agency is reevaluating its approach in two key areas of enforcement, which may significantly affect False Claims Act litigation in FHA cases. Issued last month (one was actually leaked), the memos pertain to the dismissal of frivolous whistleblower cases when the government declines to intervene, and the prohibition of DOJ attorneys relying on an entity’s noncompliance with agency guidance as presumptive or conclusive evidence that the entity violated the law. Written by Michael Granston, director of the DOJ’s Commercial Litigation Branch, Fraud Section, the leaked Jan. 10 memo directs federal prosecutors to consider dismissing meritless FCA complaints by whistleblowers when considering whether DOJ should intervene in the ...

A surge in anti-churning efforts by legislators and regulators to address the churning of VA loans has prompted analysts to examine certain policy changes, potential cures and pending legislation designed to protect veterans from predatory serial refinancing schemes. For instance, bipartisan legislation introduced by Sens. Elizabeth Warren, D-MA, and Thom Tillis, R-NC, would establish a minimum 50 basis point incentive for qualified VA refi mortgages, recoupment of refi costs within three years, and a six-month seasoning period before the initial loan could be refinanced into a new VA loan. However, Wells Fargo Securities analysts are concerned that S 2304, Protecting Veterans from Predatory Lending Act of 2018, does not distinguish between rate-term refinancing and cash-out refinancing and may wind up eliminating cash-out refi as an option for cash-strapped veterans. Although some lenders used ...

The U.S. Court of Appeals for the District of Columbia Circuit recently upheld a lower court dismissal of a False Claims Act lawsuit alleging a lender’s violation of the 2012 National Mortgage Settlement and of the Home Affordable Modification Program. In Laurence Schneider, Appellant, v. JP Morgan Chase Bank, N.A., et al., Appellees, the federal government declined to intervene, allowing the qui tam lawsuit to proceed. Schneider, the relator and an owner of a mortgage servicing company that purchased numerous loans from Chase, alleged that the lender falsely claimed compliance with the $25 billion landmark settlement negotiated in 2012 between the federal government, 40 state attorneys general, and a group of large banks, including Chase. The settlement resolved claims against the banks for allegedly improper origination and servicing of conventional, FHA and VA loans that were thought to ...