The Trump administration is seeking additional budget allocations in FY 2019 for FHA and Ginnie Mae to pay technology upgrades, additional staffing, and increased issuer oversight. The budget request seeks an additional $20 million above the 2017 enacted level of $130 million for FHA to upgrade its aging information technology – some still based on the antiquated COBOL programming language – and contract support. The additional funding would be offset by charging lenders an IT fee of no more than $25 per loan, according to the proposed budget for the Department of Housing and Urban Development. In addition, the 2019 HUD budget requests $400 billion in new loan guarantees under the Mutual Mortgage Insurance Fund for forward single-family mortgages Home Equity Conversion Mortgages, multifamily housing, and manufactured housing. The requested $400 billion would remain available ...

A greater focus on reverse-mortgage servicing and loss mitigation would be effective in addressing property-charge foreclosures while also preserving the Home Equity Conversion Mortgage program’s core mission of helping cash-strapped senior citizens, says a new study from the National Consumer Law Center. The study by staff attorney Odette Williamson and Sarah Mancini, of counsel to the NCLC, said the government’s mistaken response to surging insurance claims and increasing defaults on property tax and insurance obligations was to change origination policies. Specifically, the Department of Housing and Urban Development reduced the proceeds available through a reverse mortgage and imposed new underwriting guidelines to curb rising reverse-mortgage foreclosures and stem increased losses to the FHA insurance fund. Although the repercussions of the two distinct problems related to ...

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 ...

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 ...

The CFPB last week issued another in its series of requests for information – this one focusing on the bureau’s administrative adjudications. “The bureau is seeking to better understand the benefits and impacts of its use of administrative adjudications, and how its existing process may be improved,” the agency said. “This RFI will provide an opportunity for the public to submit feedback and suggest ways to improve outcomes for both consumers and covered entities.” In order to more effectively evaluate suggestions, the bureau asked that comments include specific discussion of the positive and negative aspects of the agency’s administrative adjudication processes, including whether a policy of proceeding in federal court in all instances would be preferable. The CFPB also would like ...

The severe hurricanes that tormented a handful of markets during late summer of 2017 continued to push FHA default rates higher in the fourth quarter, a new Inside FHA/VA Lending analysis reveals. The number of FHA loans paying on time fell from 92.8 percent at the end of September to 91.9 percent at the end of the fourth quarter. Most of the deterioration took place in the more severe default categories. The number of FHA loans 90 days past due more than doubled during the three-month period, climbing to a hefty 0.92 percent of outstanding loans. And the number of FHA loans more than three-payments late increased by 39.7 percent, reaching 1.01 percent of the total outstanding. Three jurisdictions that bore the brunt of hurricanes Harvey, Irma and Maria – Texas, Florida and Puerto Rico – saw huge increases in FHA defaults. Puerto Rico saw a devastating impact in rising ... [Charts]

The Consumer Financial Protection Bureau last year logged 988 servicemember complaints related to the origination and servicing of VA and FHA mortgages. CFPB data showed VA outscored FHA on the number of complaints, 740 to 248, respectively, in 2017. The top five reasons for servicemember complaints were trouble during the payment process, difficulty in paying the mortgage, loan servicing, applying for a purchase mortgage or refinance, and closing a loan. Other complaints were about loan modification and foreclosure, mortgage brokers, incorrect information, settlement process and costs, underwriting/credit decision, credit-reporting company’s investigation of a consumer problem, and improper use of a credit report. Abusive practices related to loan churning might not be reflected clearly in servicemembers’ complaints in 2017 compared to the previous year, but a deeper dive into the ... [Chart]

The Department of Justice has had a busy month in terms of False Claims Act enforcement.Eagle Home Mortgage, a subsidiary of Lennar, is under government investigation for its FHA underwriting and quality-control processes – code words for a potential FCA lawsuit. Lennar, a nationwide builder of new homes, disclosed the probe in its annual Securities and Exchange Commission filing. The company said the Department of Justice has subpoenaed its mortgage subsidiary for documents relating to FHA-insured loans originated and sold in previous years. There were no other details. Lennar said Eagle has provided the DOJ with information related to the loans and is cooperating with investigators. “The DOJ has to date not asserted any claim for damages or penalties,” the Miami-based homebuilder said. Meanwhile, in federal district court in Detroit last week, government prosecutors argued with Quicken Loans’ attorney, Jeffrey Morganroth, over a motion to narrow the loan sample the ...

FHA has issued policy waivers related to recent hurricanes and wildfires, including one for loan-level reviews for early-payment default. The agency announced the move as Black Knight reported another 60,000 mortgages becoming seriously delinquent in December because of hurricane-related fallout and other seasonal and calendar-related factors. The early-payment default waiver applies to FHA mortgages in presidentially declared major disaster areas (PDMDA) ravaged by hurricanes Harvey, Irma and Maria. The hard-hit areas are in Louisiana, Texas, Florida, Georgia, Puerto Rico, South Carolina and the U.S. Virgin Islands, as well parts of California that were scorched by recent wildfires. Due to the string of natural disasters, FHA anticipates an increase in EPDs – loans that become 60-day delinquent within the first six payments – in the affected areas. FHA believes that EPDs on loans closed before ...