Apr. 21, 2012: Lender, investor, and agency updates, plain and simple
Rob Chrisman
Sometimes
the
investor news piles up, and there is so much going on in the
mortgage and real estate biz that a separate commentary is
warranted. As always, when dealing with lender & investor
news, a quick reminder is needed to say that it is always better to
read the full bulletin from the investor, MI company, or
agency – the information here is more to present recent trends
in lending over the last few weeks. In no particular order…
There
is an amendment to last Saturday’s underwriting updates: it
should have read that Franklin
American has improved the price adjustment on Jumbo loans
from 0.250 to 0.375 for LTVs of 65% or less. So Franklin American has
just improved the price adjustment on Jumbo loans by 0.125 for
LTVs less than or equal to 65%, raising it from 0.250 to 0.375.
Further adjustments have been made to Jumbo products in several
states.
Wells Fargo wholesale
has updated and clarified some of its co-op guidelines.
Delegated underwriting authority for co-op loans has been
removed, which means that all conventional products secured by a
cooperative project unit are required to be delivered for Prior
Approval underwriting. In addition, any given project’s
exposure limit, which is considered to be the number of Wells
loans in the project divided by the total number of units, has
been increased from 20% to 30%.
Wells offers a clarified definition of both “new construction”
(either units that have never been occupied or projects and
units that have not been turned over to the co-op board) and
“new conversion” (projects whose ownership is being turned over
to a cooperative board that hasn’t been in place for more than
three years). New York City is now the only location in which
Wells will allow new conversion and new construction co-ops;
this includes the boroughs of the Bronx, Brooklyn, Staten
Island, Manhattan, and Queens, as well as Nassau, Rockland,
Suffolk, and Westchester counties.
The co-op policy has been expanded to include projects that are
built on leased land and/or that have 3-4 units, given that they
are located in New York City, 100% owner-occupied, and the
appraisal comparables support market acceptance. Previously,
Wells policy required any cooperative project to have at least
five units.
The requirements for transfer fee (flip tax) eligibility and
calculations have been revised, as have the requirements for pro
rata shares, insurance company ratings, and the delinquency
limit for unit owners. The commercial income requirement has
been eliminated completely; this requirement dictated that, if
the rental income from a project’s commercial units exceeded 20%
of the total operating income of the co-op corporation, it had
to be managed by a separate association.
Additional clarification has been provided on business
insurance, presale owner occupancy requirements, the definition
of “common elements,” secondary financing, and subsidies/tax
abatements requirements, which are allowed in New York City but
not in New Jersey if the subsidies/abatements terminate
partially or fully in the next three years.
The bulk of the policy changes are effective for Best Effort
Registrations, Best Effort Locks, and Mandatory Commitments on
and after May 21, 2012, apart from the removal of delegated
underwriting authority, which effective for these cases was last
Monday.
Wells
Fargo
has made changes to the counties listed in the Home
Mortgage/Home Equity Classification List, which went into effect
on April 14th for stand-alone Home Equity and on April 16th for
Home Mortgage and simultaneous transactions. Note that this
doesn’t affect Market Classification Policy. The Appraisal
Review Request, which is used to report errors in factual
information or comparable sales selection, has also been
updated. It now includes check boxes to select the reason for
making the request, text boxes in which brokers can add
supporting information, and six entries for comparable sales to
support the request.
Lenders are reminded that invoices for third party fees (credit
report, appraisal, survey, et cetera) incurred on FHA, VA, and
USDA transactions should be submitted to Wells before closing
documents are generated.
Due to recent high volume, Wells is revising its underwriting
timelines on purchase and FHA streamline transactions. Newly
submitted purchase loans will move from a 5 to a 10-day
prioritized initial underwrite, and all newly submitted FHA
streamline transactions will be queued for underwriting first-in
first-out.
Effective for all loans received on or after April 23rd, if
broker compensation indicated is not a percentage of the loan
amount on the Fee Details Form, does not match the amount on the
GFE, or if the Fee Details form indicates a flat fee, the loan
will be stopped.
Impac is no longer
accepting government ARM loans and has removed all relevant
pricing from the rate sheet.
Fannie Mae and Freddie
Mac no longer allow expanded debt ratios for properties
constructed using energy efficient designs, materials and
equipment, which means that FNMA 1004A Energy Addendum and FHLMC
70A Energy Addendum forms will no longer be issued.
Starting on July 1, 2012, Fannie will require servicers to make
sure that priority liens for delinquent HOA dues and assessments
on acquired properties are cleared in the 30 days following the
foreclosure sale or acceptance of a deed-in-lieu of foreclosure.
Freddie and Fannie have both been keeping an eye on the use of
the new Uniform
Appraisal Dataset and have provided some additional
resources to help lenders and appraisers use it. The Uniform
Appraisal Dataset Update will provide various reminders and
clarifications, and the UAD Specification Appendix D:
Field-Specific Standardization Requirements is a useful
reference source that goes into more detail on Condition and
Quality ratings.
Servicers in Chicago
are reminded that, as of May 1st, they will have to submit the
Cash Disbursement Request (Form 571) and the updated expense
designations for any expenses incurred that are related to the
City of Chicago Vacant Property Ordinance and not otherwise
required by the Servicing Guide.
Under updated VA regulations, an Alive and Well
statement is required when a VA IRRRL loan is closed using
Power of Attorney. This statement indicates that the borrower
is alive and not Missing In Action and should be signed by the
borrower’s Commanding Officer. This went into effect on Monday,
April 16th.
For some borrowers, trying to get a loan may be an issue if
their non-purchasing spouse has outstanding collections and/or
disputed accounts. Guild
has provided some insight into this, and if the property being
financed is in a community property state, those disputed
amounts would indeed be factored into the $1,000 limit.
However, if the borrower can provide a copy of the marriage
license and the state law ruling that “community property” did
not apply to debts incurred before the marriage, the spouse’s
debt will not be included in that $1,000.
On the subject of disputed accounts, the FHA has provided
borrowers with a loophole where, in particular circumstances,
their debt won’t be considered part of the $1,000 limit.
Disputed debt incurred due to “life events”—medical, death,
divorce, or loss of employment, for instance—may be exempt if
the borrower provides a written explanation and appropriate
documentation that is consistent with the rest of the credit
information in their file.
As a reminder, FHA
Up-Front Mortgage Insurance Premium and Annual Mortgage
Insurance Premium increases went into effect April 9th. The
UFMIP has gone from 1% to 1.75% while Annual MIP has gone up by
0.1%. Jumbo loans will be subject to a fee increase on June
11th.
The FHA has decided to delay the date on which the amendments to
Handling of Disputed Accounts, Public Records FHA Total User
Guide Chapter 2 and Paying Off Collections and Judgments
(Handbook 4155.1 4.C.2.e) will go into effect. Lenders will now
have until July 1, 2012 to implement the new guidance; in the
meantime, the FHA will accept input on the changes and clarify
as needed. Any case numbers assigned prior to July 1st are
subject to the old guidance, and mortgagees assigned case
numbers between the 1st and 8th of April are permitted to have
used either the old or new guidance.
Section 238(c) Military Impact loans endorsed on or after March
20, 2012 have been suspended, and properties in Jefferson,
Lewis, and St. Lawrence counties in New York and Bryan, Camden,
and Liberty counties in Georgia are subject to the up-front and
annual mortgage insurance premiums for section 203(b) or 243(c)
loans.
A few things about cancelling FHA case numbers in bulk: lenders
should make sure that the number is for a streamline refinance,
for a mortgage that hasn’t yet closed, and was endorsed on or
before May 31, 2009. Starting on April 27th, “Different MIP
Structure” will be available as a reason for cancellation on the
Case Cancellation Screen in FHA Connection, and lenders will be
able to start requesting new case numbers as of June 11th. New
case numbers issued prior to that date will not be eligible for
the lower MIP structure.
It appears that the USDA
Rural Development program didn’t take in-ground swimming
pools into account. The official ruling now is that they’re
allowed as long as loan funds aren’t put towards the
contributory value of the pool. The contributory value should
be calculated by the appraiser and subtracted from the appraised
value before the maximum loan amount is determined. Inoperable
pools are exempt from this.
Citi has updated its
Ineligible Originator List, which provides a comprehensive
listing of brokers, correspondents, or any other parties that
are not permitted to have a role in originating loans submitted
for purchase. You can view it in full, along with the regularly
updated Appraiser/Monitor Ineligible List, in the elfno section
of the Citi Correspondent site.
The new eScore tool, which allows lenders to obtain a
preliminary version of the risk weighted score (or a “BR Score)
in the earliest possible stages of the commitment and delivery
process, is now available on Citi’s website. By uploading loan
data to the system, lenders will be able to receive a BR score
within a matter of hours.
In the wake of HARP II, Citi
will be expanding its HARP guidelines and removing certain
credit overlays for DU Refi Plus and LP Open Access Program
loans registered on or after April 21st. Fixed rate and ARM
loans serviced by Citi will have a maximum LTV/CLTV/HCLTV of
125% and 105%, respectively, while such loans will have a 105%
maximum if not serviced by Citi. As for credit overlay
guidelines, LP Open Access borrowers are subject to the Freddie
policy of paying on time for the past six months and having no
more than one late payment for the past 7-12 months, but DU Refi
Plus borrowers will now have their mortgage history reviewed by
DU to gauge eligibility. Where before the new P&I payment
couldn’t increase more than 20%, DU and LP now determine the
acceptable monthly payment increase for their respective
products.
As of April 12th, US
Bank has removed the LTV/TLTV restrictions on using
Property Fieldwork Waivers for Fannie DU Refi Plus Programs
3523, 3524, 3525 and 3526. Should the DU response offer a PFW,
it can now be used at all LTV and TLTVs per maximum stated in
the guidelines.
US Bank will not accept any FHA loans submitted for underwriting
that have a DTI ratio greater than 50%, regardless of FICO
score. This goes into effect on Monday but does not apply to
delegated correspondents using their own Direct Endorsement (DE)
authority.
Provident Funding is
no longer accepting loan applications with borrower-paid broker
compensation that exceeds 2% at the time of the initial
registration and GFE audit. Existing locks will still go
through, but this is immediately effective for all new
applications.
Another reminder from AMC: images scanned for loan delivery
should be sufficiently clear so as not to delay the process.
Scanners should be set to at least 200 dpi, and everything but
the appraisal should be scanned in black and white. Using the
original documents is best, and these should be scanned in the
vertical orientation. AMC encourages using BlitzDocs to submit
loan files rather than using PDFs.
Mountain West Financial
has partnered with Condo Approvals LLC, a service that provides
FHA condo complex approvals as well as complimentary pre-screens
to gauge probable eligibility. See http://www.condoapprovalsllc.com/
for more info.
A
son who takes his 89 year old dad to Vegas for his 90th
birthday. The son decides he is going to give the old man a
special night. He sends the beautiful 25 year old to the old
man’s room. She knocks and he answers. She says to him “I am
here to offer you super sex”. The old man says “Christ
Almighty, I better have the soup, I think the sex would kill
me!!”
Chrisman.
All rights reserved. Occasional paid notices do appear. This
report or any portion hereof may not be reprinted, sold or
redistributed without the written consent of Rob Chrisman.)