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Fannie Mae Updates Unemployment Forbearance Policies
On June 4, Fannie Mae issued Servicing Guide Announcement SVC-2014-10, which updates policies related to unemployment forbearance. The announcement states that, effective immediately, a servicer may approve a borrower for the initial unemployment forbearance program provided that (i) the borrower’s mortgage payment is in imminent default or the mortgage loan delinquency is less than or equal to 12 months as of the evaluation date; and (ii) all other applicable eligibility requirements are met. In addition servicers are authorized to approve a compliant unemployment forbearance extension without approval from Fannie Mae. If the loan does not meet the eligibility requirements and the servicer believes, based on the borrower’s circumstances, that unemployment forbearance is appropriate, the servicer must submit a recommendation for approval. The initial unemployment forbearance period that may be offered is the lesser of six months or upon notification from the borrower of employment.
Fannie Mae Updates Numerous Selling Policies
On May 27, Fannie Mae announced in Selling Guide Announcement SEL-2014-06 numerous selling policy updates. The announcement includes changes to Fannie Mae policies related to cash-out refinance transactions to provide additional flexibility and clarity with regard to delayed finance, continuity of obligation, and multiple finance properties for the same borrower. The announcement also details several asset-related updates, including, for example, that Fannie Mae will no longer require documentation for any deposit on a borrower’s recent bank statement that exceeds 25% of the total monthly qualifying income for the loan. Instead, Fannie Mae is changing the definition of a large deposit to 50% of the total monthly qualifying income, and states that when a deposit includes both sourced and unsourced portions, only the unsourced portion must be used when calculating whether the deposit meets the 50% definition. Fannie Mae also announced: (i) updates to the definitions for retail, broker, and correspondent origination types; (ii) clarification of the requirements for use of a power of attorney; and (iii) revised requirements for reporting lender financial statements.
Fannie Mae Announces Servicemember Policy Changes, Other Servicing Policy Updates
On May 21, Fannie Mae issued Servicing Guide Announcement SVC-2014-08, which announced that the extended stay of foreclosure and other legal proceedings that is set to expire at the end of this year will continue indefinitely for eligible servicemembers, and that servicers can no longer obtain written servicemember consent or petition the court to continue or commence foreclosure proceedings. Fannie Mae also announced that, effective September 1, 2014, for loans originally purchased at a premium or discounted price that experienced negative amortization, Fannie Mae will limit both the purchase discount and the purchase premium to the amount of the original purchase discount or premium, and the price used to calculate the repurchase amount will be expressed as a percentage of par. Finally, Fannie Mae also (i) announced updated documents used to evaluate and apply for a full or partial release of a property securing a loan; and (ii) clarified that servicers must oversee all outsourcing and third-party vendors, and that both servicers and vendors must implement and maintain business continuity plans.
Fannie Mae Updates Delinquency Management, Default Prevention Policies
On May 16, Fannie Mae announced through Servicing Guide Announcement SVC-2014-07, that for a borrower who submits a complete Borrower Response Package (BRP) or incomplete documentation 37 days or less prior to a foreclosure sale, the servicer (i) must explain its plans for evaluating the borrower for a workout option and suspending the foreclosure sale in the BRP acknowledgement notice, if applicable; and (ii) is encouraged to work with borrowers who submit incomplete documentation to obtain a complete BRP but is not required to send an Incomplete Information Notice. Fannie Mae is eliminating all Servicing Guide requirements related to a substantially complete BRP, and thus servicers need no longer postpone foreclosure due to the receipt of a substantially complete BRP. But when a borrower has been offered a workout based on a complete BRP, the servicer must not refer the loan to foreclosure or proceed with the motion for judgment or order of sale until the borrower’s time period for submitting the initial payment to accept the offer has expired without payment. The announcement also states that, where additional amounts have accrued and/or the due dates of the initial workout offer have changed because the borrower was awaiting the outcome of the appeal decision, the servicer must adjust the payment amount of the initial offer, use the same adjustment approach on all Fannie Mae loans, and reissue the initial offer to reflect adjusted dates or amounts. Finally, servicers are no longer required to refer a mortgage loan secured by a principal residence to foreclosure within 5 business days after the 121st day of delinquency.
FHFA Director Outlines Strategic Plan
On May 13, FHFA Director Mel Watt presented a new strategic plan for the FHFA under his direction, which will focus on fulfilling the FHFA’s obligations under current law, and will shift away from efforts to position the agency—and Fannie Mae and Freddie Mac—for a potential future role in a reformed secondary market. Mr. Watt discussed the representation and warranty framework changes announced by Fannie Mae and Freddie Mac (see Byte below), and also announced that (i) for loans with DTI above 43%, the FHFA will continue to permit the use of compensating factors in each company’s underwriting standards; (ii) the FHFA will not alter loan limits, as proposed under prior leadership; (iii) the FHFA will not expand HARP but will “retarget” the program to capture already qualified borrowers; and (iv) the FHFA will launch a new modification pilot program. Mr. Watt’s remarks did not cover principal reduction or servicing rights transfers, but during a question and answer session he indicated both issues are on the FHFA’s agenda for further consideration. Further, Mr. Watt explained that under his leadership the FHFA will not seek to affirmatively reduce Fannie Mae’s and Freddie Mac’s footprint, though the FHFA will continue to work to increase the role of private capital, and soon will issue a request for comment on potential guarantee fee changes. The FHFA also will focus on private mortgage insurance counterparties, including by strengthening master policies and eligibility standards for private mortgage insurers. Finally, the FHFA will continue to build a common single-family securitization platform and transition Fannie Mae and Freddie Mac to a single common security, but the FHFA is taking steps to “de-risk” the securitization platform project, including by emphasizing that the agency’s top objective for the common platform is to ensure that it works for the benefit of Fannie Mae and Freddie Mac and their current securitization operations.
Fannie Mae, Freddie Mac Change Representations and Warranties Framework
On May 12, Fannie Mae and Freddie Mac announced numerous changes to the companies’ representations and warranties framework to expand repurchase relief for lenders. As detailed in Fannie Mae Selling Guide Announcement SEL-2014-05 and Freddie Mac Bulletin 2014-08, effective for whole loans purchase on and after July 1, 2014 and for loans delivered into MBS with pool issue dates on and after July 1, 2014, the companies will provide two separate paths for sellers to obtain relief from representations and warranties: (i) based on the borrower’s acceptable payment history; or (ii) based on a satisfactory conclusion of a quality control loan file review. Relief based on an acceptable payment history will be triggered upon the borrower’s 36th monthly payment, as opposed to the current 60th payment. The announcements also detail payment history relief triggers for each company’s refinance loan products. Relief based on a quality control review will be triggered when the company (i) completes the review of the loan file, which includes a review of the credit underwriting and eligibility of the borrower, the property (including its value), and the project in which the property is located, if applicable, and determines that the mortgage is acceptable; (ii) completes the review and determines the mortgage is not acceptable because of a specific, curable, selling deficiency and the lender cures such deficiency; or (iii) completes the quality control loan file review and determines the mortgage is not acceptable but may be eligible for a repurchase alternative which expires or terminates by its terms. In addition, the companies will no longer automatically require loan repurchase when notified that the primary mortgage insurance has been rescinded. Both announcements provide a chart comparing the new relief triggers to those announced in September 2012, and Fannie Mae and Freddie Mac will soon begin providing lenders with reports listing mortgage loans that met the eligibility requirements for relief. Finally, for certain mortgage loans acquired on and after July 1, 2014, the companies will allow lenders to avoid repurchase for termination of primary mortgage insurance by paying the full mortgage insurance claim amount that would have been payable under the original mortgage insurance policy if the mortgage loan liquidates.
Fannie Mae Reminds Servicers Of Lender-Placed Insurance Certification Requirements, Updates Servicing Transfer Policies
On May 9, Fannie Mae issued Servicing Guide Announcement SVC-2014-06, which reminds servicers that no later than June 1, 2014 they must certify compliance with new requirements for acceptable lender-placed insurance costs and carriers under an interim process announced in SCV-2013-07. After that date servicers will complete the certification using a new form. The announcement also states that Fannie Mae is adding new definitions related to servicing transfers, and that effective August 1, 2014, Fannie Mae will require the transferor servicer or transferor subservicer to submit the Form 629 to Fannie Mae no earlier than 60 days prior to the proposed transfer date, and that the proposed transfer date must be the first business day of the month for which the transferee servicer will be responsible for reporting the loan-level detail activity to Fannie Mae.
Massachusetts AG Urges FHFA Action On REO Sale Restrictions And Principal Reduction Options
On May 14, Massachusetts Attorney General (AG) Martha Coakley sent a letter to FHFA Director Mel Watt threatening legal action if the FHFA does not direct Fannie Mae and Freddie Mac, when they sell a foreclosed property, to comply with a state law that prohibits a creditor from conditioning that sale on a requirement that the new owner cannot resell or rent the property back to the former homeowner. The letter explains that the law allows non-profits in the state to purchase REO and sell them back to the same borrower with more favorable financing terms and at a lower value. The AG states that her office is “considering all available legal avenues – including litigation – to ensure compliance” with the state law. The letter also reasserts the AG’s view that Fannie Mae and Freddie Mac should include principal reductions as a loan modification option. Under its former Acting Director Edward DeMarco, the FHFA decided in July 2012 not to direct Fannie Mae or Freddie Mac to offer principal reductions.
Fannie Mae Clarifies Unemployment Benefits Eligibility For Refinance Loans
On May 6, Fannie Mae issued Selling Guide Announcement SEL-2014-04, which makes clear, effective immediately, that unemployment benefits may be used in qualifying an applicant for a DU Refi Plus or Refi Plus loan whether they are seasonal or non-seasonal. The announcement explains that the change was required because, while unemployment benefits constitute a type of public assistance income that may, at the lender’s option, be considered in qualifying an applicant, current guidelines for DU Refi Plus and Refi Plus mortgage loans may be interpreted to restrict that consideration to seasonal unemployment benefits only. The announcement reminds sellers that, as with other income sources and documentation requirements for DU Refi Plus and Refi Plus mortgage loans, lenders are not required to establish a minimum history of receiving income or make a determination that the income can be expected to continue for at least three years.
Fannie Mae, Freddie Mac Direct Servicers To Comply With Chicago Vacant Property Settlement
This week, Fannie Mae (Lender Letter LL-2014-03) and Freddie Mac (Bulletin 2014-7) advised servicers of the memorandum of understanding the FHFA recently entered into to resolve litigation with the City of Chicago over a city ordinance that requires mortgagees to register vacant properties and pay a $500 registration fee per property, and provided guidance for complying with the memorandum. Fannie Mae and Freddie Mac direct servicers to comply with the MOU by May 12, 2014, including by (i) voluntarily registering vacant properties with the city; (ii) halting remittance of vacant property registration fees, penalties, or fines to the city; and (iii) no longer completing any maintenance required by the ordinance. The guidance also provides instructions for obtaining reimbursement for fees already submitted to the city. Fannie Mae and Freddie Mac will not reimburse servicers for any fees assessed for failing to comply with the ordinance that are incurred on or after May 12.