Up
in Georgia, Central Bank of Georgia was closed by the Georgia
Department of Banking and Finance, which appointed the FDIC as
receiver, which in turn entered into a purchase and assumption
agreement with Ameris Bank to assume all of the deposits of
Central Bank.
But that wasn't the big news Friday – one financial institution
was not so fortunate. Home
Savings of America, which was established during the
depths of the Great Depression and headquartered in Minnesota,
was closed by regulators. It was a relatively small bank with
under $100 million in assets until 2004, but, as with some other
lenders, became addicted to production and “ramped up it’s
lending at an incredible pace starting in 2005 and by 2008 (the
peak of the real estate bubble), the Bank’s assets had exploded
to almost $450 million.” The OCC noted that the Bank “had
experienced substantial dissipation of assets and earnings due
to unsafe or unsound practices.” The OCC had issued a Cease and
Desist Order to Home Savings in July 2010 citing “unsafe and
unsound practices” but the Bank was unable to cure the
operational and financial deficiencies cited by the OCC.
There
are other investor/lender items to note over the past couple of
weeks. This is meant to give you a flavor of changes; for
specifics one should always read the bulletin. In no particular
order:
Upon
seeing
an increase in rejections, Wells Fargo reminds
their wholesale clients to be diligent with their IRS Form 4506
T requests. There are a number of reasons for this rise in
rejections: the borrower’s address must match the one on their
IRS records for the filing year, there have been problems with
handwritten forms being ineligible, and Wells encourages you to
use type font or bold print, make certain that the borrower has
filed tax returns with the correct name, Social Security number
and filing status so that they are readily available, Box 8 (W-2
authorization) must be checked, and the address and phone number
should not be included in line 5, which should only include the
words “rapid reporting.” Wells has a new search tool on its
Broker’s First website to access information about condo
projects.
Wells also reminds Texan clients that agricultural loans are
ineligible for financing without affirmative title coverage over
the tax rollback risk. Brokers are also reminded that refinance
transactions with existing subordinate financing remaining
require a subordination, which goes for all properties
everywhere—even (Wells emphasizes this) in Texas.
There
are a few modifications to the new MERS guidelines Wells
provided earlier that will go into effect tomorrow. Lenders will need to enter
assignment information for non-MOM loans and Security Instrument
information for MOM loans upon registering, and non-MOM loans
must be registered within 7 days of the effective transfer date. Check the bulletin for
details.
Another
Wells
Fargo reminder: sellers must include proof of Hazard insurance
policy must be submitted within the Closed Loan Package in the
form of a declarations page, a certificate of coverage, evidence
of property insurance, and an insurance binder. For FHA loans, copies of
documentation regarding termite/pest inspections must also be
included.
While
Guaranteed
Rural Refinance Pilot loans are not currently eligible for
purchase by Wells funding, plans for a Single Family Housing
Guaranteed Loan Program Rural Refinance Pilot as outlined in a
Rural Development Administrative Notice are currently under
review. Watch this
space, but hold off on delivering RRP loans for now.
A
few weeks back Pinnacle
Capital reminded clients that 2011 W2's are now required,
and that 2011 tax returns or a copy of a tax extension will be
required after April 17 (the tax filing deadline). Lastly, 2106
expenses are deducted from income. If borrower has a history of
2106 expenses and files 2011 with NO 2106 expenses, a DOCUMENTED
reason for the change is required and subject to underwriter
discretion. The lender has updated LTV and CLTV caps for
Enhanced DU Refi Plus loans to 120%; those loans whose LTV and
CLTV ratios exceed the cap must fund by February 29th. Borrower benefits have been
expanded on standard DU Refi Plus loans as well. For VA loans, 2-4 housing
units are now eligible for high balance transactions.
On February 10th Kinecta
began charging for appraisals at the beginning of transactions
(three days after their initial disclosures, to be precise)
rather than the end, as they had previously done. Borrowers can
pay with their personal credit cards and must submit the
Appraisal Fee Authorization form. In an effort to speed up the
process of closing loans in the western states, Kinecta is
implementing a new loan condition approval process whereby the
majority of Prior to Funding (PTF) conditions will become Prior
to Document (PTD) conditions. From
now on the only acceptable PTF conditions will be paid receipts
for Hazard insurance, Hazard insurance that includes Kinecta FCU
as the first mortgagee, final estimated HUD 1, verification of
taxes paid, 442 inspections and photos, minor internal appraisal
corrections, signed 1003s or FHA 92900s, pest report clearance,
proof of receipt of funds by escrow or title, and conditions
that are more instructional.
United
Guaranty
consolidated their reference guide as of February 13th,
eliminating the need to determine the market in which your loan
is using the Geographic Quality Index. Guidelines for Max LTVs,
Minimum FICOs, Max DTIs, Max Loan Amounts and Occupancy will be
the same regardless of GQX ranking. New pricing also comes into
effect on the 13th, and clients are urged to secure their
quotes. The MI company has announced that loans originated and
closed using the CoverEdge underwriting process are now eligible
for sale to Fannie and Freddie.
CoverEdge, which is designed to limit mortgage insurance
rescissions, involves a credit and documentation analysis upon
the loan’s origination and closing and addresses loan attributes
changing before closing, underwriting issues, fraud and
misrepresentation, and lack of proper documentation, all of
which can result in denials and payment delays upon filing.
A
rule proposed by HUD banning
discrimination
against borrowers based on sexual orientation, gender, or
marital status has been finalized and is scheduled to go into
effect on March 5, 2012. HUD
is also concerned that agencies who are currently implementing
their chosen client management systems (CMS) are providing full
Social Security numbers to the online Housing Counseling System
(HCS) when this is not necessary.
A partial SSN is perfectly sufficient.
DO/DU
customers
were recently notified by Fannie Mae that the
Social Security Numbers used in their test cases have been
changed and that they should now start using the new SSNs posted
on the website. Test
files should be updated, as using the previous SSNs provided
will result in loans failing AUS as of the second quarter of
2012. For anyone lending in Puerto Rico, there are no high-cost
areas on the island as of 2012, which is now indicated on
Fannie’s high-cost table.
Freddie
Mac has
set down new requirements for non-assumable Guaranteed Rural
Housing mortgages. All non-assumable Rural Housing Service
Section 502 GRH mortgages with post-June 1, 2012 settlement
dates must be sold back to Freddie. Selling these mortgages
will require written approval from Freddie, but this will
eliminate the need to have an Indicator Score of at least 620. Freddie has also tweaked
some terminology in The
Single-Family Seller/Servicer Guide due to the alignment
of the age of documentation requirements. The terms “Mortgages for
Newly Constructed Homes” or “Newly Built Home Mortgage” will no
longer be featured, so Chapter K33 is now Construction and Renovation
Mortgages.
The
Uniform Collateral Data Portal requirement for universal use is
just around the corner, and Freddie reminds lenders that
appraisal report forms must be submitted to the UCDP for all
conventional mortgages whose applications were made after
December 1, 2011. To
familiarize yourself with UCDP, you can do one of the self-paced
training courses on the Freddie Mac website.
Under
the SEC’s 15Ga-1, both Fannie and Freddie have been required to
publicly disclose data about mortgages with repurchase activity
from January 1, 2009 to December 31, 2011, which may have
included information about sellers’ organizations. The rule,
which is part of Dodd-Frank, mandates that all securitizers
release information regarding ABS loan repurchase requests,
which the identity of the originator. Starting in autumn of 2012,
mortgages with applications received after August 1, 2012 will
be subject to the use of Uniform Loan Delivery Dataset (ULDD)
data points as well. The
ULDD data points will be used by Freddie to identify who is
funding the mortgage and the information will be included in
future reporting to the SEC.
Chicagoans,
this
one is for you: Freddie has published the necessary requirements
for payment and expenses related to the Vacant Property Ordinance. You are now required to
submit expense reimbursement requests for registration fees,
taxes, fines, penalties and maintenance obligations to the
Freddie Mac Reimbursement System.
The full list of expenses that must be submitted as well
as loss mitigation requirements can be found in Freddie’s
February 15th bulletin.
Clients
of Flagstar are
reminded that all Original Mortgagee (MOM) loans must be
originated by a MERS member and that the system is undergoing
some changes. The system
registry will require the ORG ID as of June 4, 2012 and will
begin accepting them on February 27th (next Monday). For the California-based
lenders, Flagstar has issued a notice that the VA requires you
to comply with state law when charging daily interest on
Guaranteed loans before disbursement of the mortgage funds. Lastly, the maximum loan
calculations for all FHA Streamlines are now the same whether or
not they have appraisals. Flagstar borrowers should know that
they won’t be able to convert FHA appraisals to Conventional; in
fact, they shouldn’t be ordering FHA appraisals to determine
value to determine whether the file will go FHA or Conventional
in the first place.
MGIC
has
expanded a number of underwriting requirements that have gone
into effect in the past couple of weeks. A DU or LP Accept/Eligible
response will now be for the purposes of calculating reserve
requirements, income and asset requirements, and credit
analysis, while Construction loans still follow purchase or
rate-and-terms guidelines. For
“Non-restricted Markets,” an eligible credit score will require
a 45% DTI ratio; for both Restricted and Nonrestricted Markets,
the second home loan requirements have been modified and the LTV
limit on rate-and-term refinances has been increased.
At
US Bank, new locks
taken on HASP/HARP loans after February 13 are eligible for the
new Delivery Fee Cap reductions.
For amortization of 20 years of less, the fee is waived
completely; for amortization of more than 20 years, the cap has
been reduced to .75%. Be
aware that the reductions are only in effect for loans with LTVs
of greater than 80% on Owner-Occupied and Second Home
properties. Freddie & Fannie fixed & adjustable rate
loans that were locked before January 3rd and were
not received by US Bank by February 17th are subject
to fees for failing to meet good delivery requirements. The fees are calculated
based on how many days or weeks late the loans are.
Fifth
Third reminds
lenders that it doesn’t accept broker-ordered appraisals apart
from those placed by brokers using a lending platform. As per AIR requirements,
mortgage brokers may facilitate the mortgage application, but
they cannot order the appraisal themselves.
The
local news station was interviewing an 80-year-old lady because
she had just gotten married -- for the fourth time. The
interviewer asked her questions about her life, about what it
felt like to be marrying again at 80, and then about her new
husband's occupation.
"He's
a
funeral director," she answered.
"Interesting,"
the
newsman thought. He then asked her if she wouldn't mind telling
him a little about her first three husbands and what they did
for a living.
She
paused for a few moments, needing time to reflect on all those
years. After a short time, a smile came to her face and she
answered proudly, explaining that she'd first married a banker
when she was in her early 20's, then a circus ringmaster when in
her 40's, later on a preacher when in her 60's, and now in her
80's, a funeral director.
The
interviewer, quite astonished, asked why she had married four
men with such diverse careers.
She
smiled and explained, "I married one for the money, two for the
show, three to get ready, and four to go."
If
you're interested, visit my twice-a-month blog at the STRATMOR
Group web site located at