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  • FHA seeks comment on LIBOR transition

    Agency Rule-Making & Guidance

    On October 19, FHA published a proposed rule in the Federal Register seeking public comment on transitioning existing FHA-insured forward and home equity conversion mortgage (HECM) adjustable rate mortgages (ARMs) from LIBOR to a spread-adjusted Secured Overnight Financing Rate (SOFR) index, after the one-year and one-month LIBOR indices cease to be published on June 30, 2023. The proposed rule also mentioned removing LIBOR and adding SOFR as an approved index for newly originated forward ARMs. According to the proposed rule, this change was made for HECM ARMs in Mortgagee Letter 2021- 08 and added to this proposed rule. As previously covered by InfoBytes, in March 2021, FHA issued ML 2021-08 announcing changes for adjustable interest rate HECMs as the market transitions away from LIBOR. Comments are due by November 18.

    Agency Rule-Making & Guidance Federal Issues HUD FHA LIBOR Mortgages SOFR

  • FHA seeks to increase small balance mortgages

    Agency Rule-Making & Guidance

    On October 4, FHA announced a request for information (RFI) seeking input on ways to facilitate greater origination of small balance mortgages for FHA insurance. FHA will use feedback received in response to the RFI to help identify barriers to the origination of small mortgages in its program. The agency will also consider the development of policies and programs to better support and expand affordable homeownership opportunities in underserved markets with lower housing prices and to close the racial homeownership gap. According to the announcement, the RFI seeks input on topics related to “the current availability of small mortgage financing, barriers and disincentives to small mortgage lending transactions, changes to policies or processes that would encourage origination of more FHA-insured small balance mortgages, and considerations regarding liquidity provided through securitization.” Comments on the RFI are due December 5.

    In conjunction with the RFI, HUD released a report assessing factors that limit the supply of small mortgage loans and highlighting challenges facing borrowers who need loans to purchase lower-priced homes. The report, titled Financing Lower-Priced Homes: Small Mortgage Loans, found that mortgage loans having an original principal obligation of $70,000 or less represent less than 3.5 percent of originations in 2020. Many of these loans secure properties valued at more than $70,000—an indication that the purchases included substantial down payments, HUD said. Among other things, the report also found that FHA disproportionately insures loans for lower-priced homes compared to the rest of the mortgage market and has loan insurance programs for financing property improvements and manufactured homes that are particularly targeted to lower loan amounts. Additionally, the report flagged the fixed costs of loan origination and servicing as a significant barrier to small mortgage lending, noting that this makes small mortgage loans less profitable and may necessitate additional incentives for lenders, such as reducing costs or providing additional lender or loan originator compensation.

    Agency Rule-Making & Guidance Federal Issues HUD FHA Mortgages Consumer Finance Mortgage Origination

  • FHA will consider first-time homebuyer’s positive rental history in mortgage eligibility

    Federal Issues

    On September 27, HUD announced that FHA will consider a first-time homebuyer’s positive rental payment history as an additional factor in determining eligibility for an FHA-insured mortgage. HUD emphasized that adding a positive rental history indicator to FHA’s Technology Open to Approved Lenders (TOTAL) Mortgage Scorecard enables the credit evaluation to be more comprehensive and equitable. “If you’re regularly paying your rent on time, that’s a good indication you will also pay your mortgage on time,” FHA Commissioner Julia Gordon said. “We hope that adding this positive factor to all of the characteristics currently considered in an FHA credit evaluation will increase access to affordable FHA-insured mortgages for first-time homebuyers.” According to FHA’s Mortgagee Letter 2022-17, “positive rental payment history refers to the on time payment by a borrower of all rental payments in the previous 12 months.” Lenders may begin indicating a borrower’s positive rental payment history in the TOTAL Mortgage Scorecard for scoring events on or after October 30, and for case numbers assigned on or after September 20, 2021.

    Federal Issues Agency Rule-Making & Guidance Consumer Finance FHA Mortgages HUD

  • HUD updates HECM program

    Federal Issues

    On August 31, HUD issued Mortgagee Letter (ML) 2022-15, which updates the Home Equity Conversion Mortgage (HECM) program. The ML, among other things, modifies the requirements for mortgagees to provide notice to a borrower’s estate following an HECM becoming due and payable due to the death of the last surviving borrower. The ML may be implemented immediately but must be implemented no later than 90 days from the date of this ML for HECMs that become due and payable on or after the publication date of this ML. Additionally, comments are due within 30 days after the date of issuance.

    Federal Issues FHA HUD Mortgages HECM Consumer Finance

  • FHA requires mortgagees to provide UEI

    Federal Issues

    On August 23, the FHA announced in Mortgagee Letter (ML) 2022-14 that all FHA-approved lenders and mortgagees, and institutions seeking FHA approval, must provide an active Unique Entity Identifier (UEI) as part of their institution data in the Lender Electronic Assessment Portal (LEAP) or application for FHA approval. Additionally, the ML, among other things: (i) informs mortgagees how to register for an UEI; (ii) provides instructions on updating the institution profile in LEAP; and (iii) invites feedback from interested parties for 30 calendar days from the ML’s issuance date. The new provisions must be implemented no later than December 31.

    Federal Issues FHA Mortgages

  • FHA issues RFI on Title I Manufactured Housing Programs

    Federal Issues

    On August 11, FHA and Ginnie Mae issued FHA INFO 2022-76, which seeks public feedback on their Title I Manufactured Housing Programs. According to the request for input, FHA and Ginnie Mae are seeking input on, among other things: (i) opportunities to improve the use and effectiveness of the Title I manufactured housing program; (ii) Title I lender eligibility requirements; and (iii) how to make the programs more competitive in the primary and secondary markets. Responses are due by September 26.

    Federal Issues FHA Ginnie Mae Manufactured Housing

  • California mortgage lender to pay $1 million to settle fraud allegations

    Federal Issues

    Recently, the United States Attorney for the Eastern District of Washington announced a settlement with a California-based mortgage lender to resolve allegations that it “improperly and fraudulently” originated government-backed mortgage loans insured by FHA, resulting in losses to the government when borrowers defaulted on their mortgages. The settlement concludes a joint investigation conducted by the U.S. Attorney’s Office and the Offices of Inspector General for the Department of Veterans Affairs and HUD, which commenced as required by the False Claims Act after a whistleblower (a former loan processor) filed a qui tam complaint against the lender in 2019. The whistleblower claimed that between December 2011 and March 2019, the lender knowingly underwrote certain FHA mortgages and approved some mortgages for insurance that failed to meet FHA requirements or qualify for insurance. The whistleblower further alleged that the lender “knowingly failed to perform quality control reviews that it was required to perform.”

    “By improperly originating ineligible mortgages, lenders take advantage of the limited resources of the FHA program and unfairly pass the risk of loss onto the public,” the U.S. Attorney said. According to the announcement, the lender agreed to pay more than $1.03 million under the terms of the settlement agreement. The whistleblower will receive $228,172 of the settlement proceeds, plus attorney’s fees, expenses, and costs.

    Federal Issues Courts DOJ FHA Mortgages HUD Department of Veterans Affairs False Claims Act / FIRREA Qui Tam Action

  • FHA revises appraisal validity period

    Agency Rule-Making & Guidance

    On July 12, FHA released FHA INFO 2022-71, announcing the publication of Mortgagee Letter (ML) 2022-11, Revised Appraisal Validity Periods, which applies to Single Family Title II Forward and HECM programs. The ML increases the FHA initial appraisal validity period from 120 days to 180 days and extends the appraisal update validity period to one year. As a result of the ML, FHA will implement modifications to the appraisal-related functionality in FHA Connection (FHAC). For all case numbers assigned on or after September 6, the Appraisal Effective Date field on the FHAC Appraisal Logging screen will no longer be editable. Appraisal Logging for this field is automatically pre-filled with the information submitted from the electronic appraisal report. The updates outlined in ML 2022- 11 will be incorporated under the Single-Family Housing Policy Handbook 4000.1.

    Agency Rule-Making & Guidance FHA Mortgages HECM Consumer Finance HUD

  • FHA expands mortgage eligibility for Covid-affected borrowers

    Federal Issues

    On July 7, FHA announced expanded mortgage eligibility for qualifying borrowers who previously experienced employment gaps or loss of income due to the Covid-19 pandemic. Under Mortgagee Letter (ML) 2022-09, salaried and hourly wage-earners, as well as self-employed individuals impacted by a Covid-19 related economic event (defined “as a temporary loss of employment, temporary reduction of income, or temporary reduction of hours worked during the Presidentially Declared COVID-19 National Emergency”), who now have stable income will have a greater opportunity to purchase a home using affordable FHA-insured mortgage financing. Specifically, ML 2022-09 updates calculation guidelines for a borrower’s effective income under certain sections in the Single-Family Housing Policy Handbook 4000.1. While ML 2022-09’s provisions are effective for all case numbers assigned on or after September 5, 2022, lenders may begin using the policies immediately. According to FHA Commissioner Julia Gordon, the changes further agency efforts “to facilitate recovery from COVID-19 and support access to homeownership, particularly for populations most deeply impacted by the pandemic.” Gordon noted that the pandemic impacted “the livelihoods of tens of millions of workers in this country, particularly workers of color and those at the lower end of the wage scale.”

    Federal Issues FHA Mortgages HUD Covid-19 Consumer Finance

  • FHA issues temporary partial waivers for specific HECM policies

    Federal Issues

    On June 23, FHA announced FHA INFO 2022-64 to issue the following temporary partial waivers to its Home Equity Conversion Mortgage (HECM) policies for senior homeowners impacted by the Covid-19 pandemic who continue to experience significant financial difficulties. Specifically, the first temporary partial waiver concerns Mortgagee Letter 2015-11. FHA notes that its waiver “allows mortgagees to offer repayment plans to HECM borrowers with unpaid property charges regardless of their total outstanding arrearage." The second waiver—concerning Mortgagee Letter 2016-07—“permits mortgagees to seek assignment of a HECM immediately after using their own funds to pay property taxes and insurance on or after March 1, 2020, by temporarily eliminating the three-year waiting period for such assignments.” Both waivers are effective through December 31.

    Federal Issues FHA Mortgages HECM Covid-19

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