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  • FHFA extends Covid-19 origination flexibilities to August 31

    Federal Issues

    On July 9, the Federal Housing Finance Agency (FHFA) announced the extension of several loan origination flexibilities put in place to assist borrowers during the Covid-19 pandemic. Specifically, FHFA has extended until August 31, the following provisions: “(i) alternative appraisals on purchase and rate term refinance loans; (ii) alternative methods for documenting income and verifying employment before loan closing; and (iii) expanding the use of power of attorney and remote online notarizations to assist with loan closings.” The extensions are reflected in updates to Fannie Mae Lender Letters LL-2020-03 and LL 2020-04 and Freddie Mac Guide Bulletin 2020-27.

    Federal Issues Covid-19 FHFA GSE Fannie Mae Freddie Mac Mortgages Mortgage Origination

  • Lawmakers urge HUD and FHFA to amend forbearance policies that reduce access to mortgage credit

    Federal Issues

    On June 25, Chairwoman of the House Financial Services Committee, Maxine Waters (D-CA), Chairman of the Subcommittee on Housing, Community Development and Insurance, Wm. Lacy Clay (D-MO), and Congressman Juan Vargas (D-CA) sent a letter to HUD and FHFA calling for amendments to policies which penalize loans that go into forbearance prior to being insured by the Federal Housing Administration (FHA) or purchased by Fannie Mae or Freddie Mac (GSEs). According to the lawmakers, policies put into place prior to the Covid-19 pandemic by HUD and FHFA prohibited loans in forbearance from FHA endorsement or from being purchased by the GSEs. While the agencies amended the policies to allow for FHA insurance and GSE purchases due to the current economic crisis (covered by InfoBytes here and here), the lawmakers claim that lenders are required to pay “significant fees” and “increased costs” for these loans, which results in lenders (i) retaining mortgages that they had no intention, or may not have the capacity to maintain; (ii) paying a steep penalty to the GSEs; or (iii) agreeing to retain additional risk in the case of FHA. As a result, lenders have started limiting loans and access to credit or requiring “credit overlays” that are “disproportionately affecting borrowers of color and other underserved borrowers.” The lawmakers also assert that if a lender retains a loan to avoid a penalty, the loan does not become federally-backed and is consequently ineligible for protections afforded by the CARES Act and other federal regulations. The lawmakers ask that the agencies amend their policies to instead “spread the costs associated with those risks across a broader single-family portfolio,” which will lead to “near-negligible costs” on individual loans and “appropriately balance the need to manage risks to the taxpayer while serving [the] agencies’ missions of promoting access to credit.”

    Federal Issues HUD FHFA Mortgages Mortgage Insurance GSE Fair Lending Fannie Mae Freddie Mac Covid-19

  • Special Alert: CFPB proposes changes to qualified mortgage definition; delays expiration of “GSE patch” until final rule becomes effective

    Agency Rule-Making & Guidance

    On June 22, the CFPB released two Notices of Proposed Rulemaking (NPRM) to address the January 2021 expiration of the so-called GSE Patch for the Qualified Mortgage (QM) Rule. The GSE Patch provided QM status to mortgage loans eligible for purchase by either of the GSEs even if the loans did not otherwise meet the criteria for a QM under the “General QM” standard provided they comply with the same loan-feature prohibitions and points-and-fees limits as General QM loans. Notably, the GSE Patch allows loans to exceed the 43 percent debt-to-income ratio limit required under the General QM standard and also does not require creditors to use Appendix Q to Regulation Z to calculate the consumer’s income and debt. 

    In the first NPRM, the Bureau proposes to remove the General QM loan definition’s 43 percent DTI limit and replace it with a price-based threshold. In the second NPRM, the Bureau proposes to delay the expiration of the GSE Patch until the effective date of final amendments to the General QM definition in order to facilitate a smooth and orderly transition away from the GSE Patch definition of a Qualified Mortgage.

    Agency Rule-Making & Guidance CFPB Qualified Mortgage GSE Mortgages Special Alerts

  • New York enacts legislation on residential mortgage payment forbearance

    State Issues

    On June 17, New York Senate Bill 8243, which relates to the forbearance of residential mortgage payments, was signed into law.  Specifically, SB 8243 requires New York regulated institutions to: (1) make applications for forbearance of any payment due on a residential mortgage on property located in New York “widely available to any qualified mortgagor who, during the covered period, is in arrears or on a trial period plan, or who has applied for loss mitigation  and  demonstrates financial hardship during the covered period;” and (2) grant such forbearance for a period of 180 days to any such qualified mortgagor with an option to extend an additional 180 days.  Such forbearances may be backdated to March 7, 2020.  SB 8243 also sets forth certain requirements for the mortgage forbearances granted under the law, which includes limitations on credit reporting and charging interest and late fees.  The law also provides that adhering to SB 8243 will be a condition precedent to commencing a foreclosure action resulting from a missed payment, which would have otherwise been subject to the law.  However, SB 8243 does not apply to, or affect mortgage loans made, insured, or secured by a United States agency or instrumentality, a government sponsored enterprise, or a federal home loan, or the rights and obligations of any lender, issuer,  servicer  or trustee  of  such  obligations,  including  servicers for the Government National Mortgage Association.

     

    On the same day, New York Senate Bill 8428, which also relates to the forbearance of residential mortgage loans, was signed into the law.  The requirements in SB 8428 are similar to the requirements set forth in SB 8243, except that SB 8428 clarify certain areas of the law including the types of properties subject to the Law, who may receive a forbearance, and when a forbearance extension is warranted.  SB 8428 also clarifies that the obligation to grant the forbearance relief required is subject to the regulated institution having sufficient capital and liquidity to meet its obligations and to operate in a safe and sound manner.  To the extent a regulated institution determines it is unable to offer relief, it must alert the Department of Financial Institutions within five days of making such a determination.

    State Issues Covid-19 New York Mortgages Forbearance Foreclosure GSE Mortgage Servicing

  • FHFA’s Calabria discusses housing market with Senate Committee

    Federal Issues

    On June 9, Federal Housing Finance Agency (FHFA) Director Mark Calabria testified before the Senate Committee on Banking, Housing, and Urban Affairs on the state of the housing market due to the Covid-19 pandemic. In his published statement, Calabria noted that at the start of 2020, the housing market was in a “strong position,” but “in response to Covid-19, financial markets endured a severe dislocation in March.” According to the statement, home prices have remained supported, as drops in demand have been balanced by a decrease in inventory. The statement also provides an update on FHFA’s policy responses to the Covid-19 pandemic. With regard to forbearances, Calabria acknowledged that forbearance rates were predicted to reach 25-50 percent; however, internal data indicates that “[e]nterprise forbearance rates remain manageable.” Specifically, the 30-60 day combined delinquency rate for borrowers with loans in Enterprise mortgage-backed securities “remains below the estimated rate of forbearance,” with Calabria commenting that some borrowers “who have requested forbearance are nonetheless continuing to make payments on their loan.” At the hearing, in response to a question asking if the FHFA plans to extend the foreclosure moratorium past June 30, Calabria noted that the agency is considering extending it “a month at a maximum” and would be “making that announcement certainly within a week.”

    Calabria also discussed FHFA’s re-proposed capital rule for the Enterprises (covered by InfoBytes here). His statement notes that “Fannie and Freddie lack the capital to withstand a serious downturn in the housing market,” and the re-proposed rule would “help each [E]nterprise become safe and sound to fulfill its statutory mission across the economic cycle.”

    Federal Issues Fannie Mae Freddie Mac GSE Covid-19 CARES Act Forbearance Senate Banking Committee Mortgages

  • Fannie and Freddie issue temporary underwriting guidance for self-employment income; updates to renovation loan programs

    Federal Issues

    On May 28, Fannie Mae and Freddie Mac issued guidance for underwriting self-employed borrowers during the Covid-19 pandemic. According to Fannie Mae’s Lender Letter LL-2020-03 and Freddie Mac’s Guide Bulletin 2020-19, lenders are now required to obtain additional documentation from self-employed borrowers to determine if the borrower’s income is “stable and has a reasonable expectation of continuance.” Lenders must obtain either (i) an audited year-to-date profit and loss statement for the business, or (ii) an unaudited year-to-date profit and loss statement signed by the borrower and two business depository account statements no older than the latest two months represented on the profit and loss statement. Bulletin 2020-19 and LL-2020-03 also provide guidance to assist lenders when reviewing the documentation to determine whether the business operations were impacted by the Covid-19 pandemic and whether they are considered stable. Fannie and Freddie encourage lenders to apply the temporary requirements immediately, however, they must be applied to any applications received on or after June 11.

    Additionally, Bulletin 2020-19 provides temporary flexibilities with Freddie Mac’s “CHOICERenovation” Mortgages, and LL 2020-04 provides guidance on Fannie Mae’s “HomeStyle Renovation” loans. Fannie Mae also issued updates to its Covid-19 servicing FAQs.

    Federal Issues Fannie Mae Freddie Mac GSE Underwriting Mortgage Origination Mortgage Servicing Covid-19

  • FHFA tries again on GSE capital framework

    Federal Issues

    On May 20, the FHFA announced the re-proposal of a notice of proposed rulemaking that would establish a new regulatory capital framework for Fannie Mae and Freddie Mac (GSEs). In June 2018, the FHFA issued a proposed rulemaking that would implement a regulatory capital framework for the GSEs including (i) a new framework for risk-based capital requirements; and (ii) two alternative approaches to setting minimum leverage capital requirements. (Covered by InfoBytes here.) The FHFA states that while the 2018 proposal remains the foundation of the re-proposal, including the mortgage risk-sensitive framework, the re-proposal “increas[es] the quantity and quality of the [GSEs]’ regulatory capital and reduc[es] the pro-cyclicality of the aggregate capital requirements.”

    According to a factsheet released in conjunction with the re-proposal, the purpose is to ensure that the GSEs operate in a safe and sound manner and are positioned, particularly during times of financial stress, to “fulfill [their] statutory mission to provide stability and ongoing assistance to the secondary mortgage market across the economic cycle.” Specifically, the re-proposal changes include, among other things (i) supplemental capital requirements; (ii) quality of capital changes, such as a risk weight floor and capital buffers; (iii) measures to address pro-cyclicality; and (iv) requirements for the GSEs to assess their own credit, market, and operational risk. Comments on the proposal must be submitted within 60 days of publication in the Federal Register.

    Federal Issues Fannie Mae Freddie Mac GSE Capital Requirements FHFA Agency Rule-Making & Guidance

  • Federal agencies launch joint housing assistance website

    Federal Issues

    On May 12, the CFPB, the Federal Housing Finance Agency (FHFA), and the Department of Housing and Urban Development (HUD) announced a new mortgage and housing assistance website, which consolidates the CARES Act mortgage and rent relief protections, tips to avoid Covid-19 related scams, and tools for homeowners and renters to determine if their property is federally backed. The release details the steps the CFPB has taken in response to the Covid-19 pandemic, including informing consumers of their protections under newly created programs and releasing a policy statement concerning the responsibilities of credit reporting companies and furnishers. The release also outlines efforts that FHFA’s regulated entities and HUD have taken to address the national emergency, including forbearance options for homeowners and eviction protections for renters who live in multifamily properties that are backed by Fannie Mae or Freddie Mac.

    Federal Issues CFPB Covid-19 CARES Act Mortgages Forbearance Credit Report FHFA Fannie Mae Freddie Mac GSE HUD

  • GSEs to cover servicer advances on mortgages in forbearance

    Federal Issues

    On May 1, Fannie Mae and Freddie Mac filed their first quarter 10-Qs, which included statements clarifying that in the coming months Fannie Mae and Freddie Mac, not loan servicers, will assume responsibility for advances on loans in forbearance that meet certain criteria. Fannie Mae’s 10-Q states that effective August 2020 “after four months of missed borrower payments on a loan…we will make the missed scheduled principal and interest payments…so long as the loan remains in the MBS trust.” As previously covered by InfoBytes, FHFA announced on April 21 that servicers are only obligated to advance principal and interest payments for up to four months on single-family loans. Likewise, Freddie Mac’s 10-Q similarly stated, “we expect to advance significant amounts to cover principal and interest payments to security holders for loans in forbearance in the coming months.”

    Federal Issues Agency Rule-Making & Guidance GSE Fannie Mae Freddie Mac Mortgages Forbearance CARES Act Covid-19

  • FHFA: Fannie, Freddie to temporarily buy mortgages in forbearance due to Covid-19

    Federal Issues

    On April 22, the Federal Housing Finance Agency (FHFA) announced that Fannie Mae and Freddie Mac (GSEs) will purchase “certain single-family mortgages in forbearance that meet specific eligibility criteria” for a limited period in an effort to provide liquidity to ensure continued lending. Current policies dictate that the GSEs do not purchase loans that are in forbearance; however, due to the economic effects of Covid-19, FHFA will begin allowing the GSEs to buy certain mortgages that enter forbearance within the first month after loan closing, prior to delivery to the GSEs. The temporary selling requirements in Freddie Mac Bulletin 2020-12 allow lenders to sell to the GSE mortgages in forbearance only on mortgages for home purchases or “no cash-out” mortgage refinances. Further, the mortgages must have note dates between February 1, 2020 and May 31, 2020, the dates of settlement must be after May 1, and the mortgages must not be more than 30 days delinquent. Fannie Mae Lender Letter 2020-06 follows most of the same guidelines provided in the Freddie Mac bulletin, but Fannie Mae will also buy mortgages for limited cash-out refinances. To limit losses, the GSEs will charge sellers loan-level price adjustments of 5 percent for loans to first-time homebuyers, and 7 percent for all others.

    Federal Issues Agency Rule-Making & Guidance FHFA Mortgages Fannie Mae Freddie Mac GSE Forbearance CARES Act Covid-19

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