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Financial Services Law Insights and Observations

FHA proposes earlier HECM claim submissions

Agency Rule-Making & Guidance Federal Issues FHA Mortgages HECM Mortgage Servicing

Agency Rule-Making & Guidance

On April 4, FHA issued FHA Info 2023-25, announcing proposed changes to the Home Equity Conversion Mortgage (HECM) program and documentation requirements for certain submission criteria. FHA explained that the documentation changes would apply to HECM Assignment Claim Type 22, which “is an option that allows a HECM servicer to assign a mortgage that is in good standing to FHA in exchange for payment of the loan balance, up to the maximum claim amount.” Specifically, the proposal would allow servicers to start submitting claim documentation for preliminary FHA review when a mortgage reaches 97 percent of the maximum claim amount (MCA), versus the 97.5 percent currently allowed. The change is intended “to expedite the payment of claim funds when the mortgage reaches 98 percent of the MCA, to mortgage servicers in light of current market liquidity considerations.” The proposal would also establish that the deadline for mortgagees to deliver original notes and mortgages to FHA is 90 days after the assignment claim payment date, and would align the deadline for delivering recorded assignments of mortgage for all HECMS by increasing the timeline to 12 months for HECMs with FHA case numbers assigned before September 19, 2017. Comments on the proposal are due April 11.