Although
this
is a Federal holiday and we should all have the day off, the
number of residential
lender, investor, and MI updates in the last week or so
warranted their own special edition of the commentary. This edition is longer than
normal, as it is pretty thorough; most are pretty dry,
many downright uninteresting, but some trends can be spotted
that are important to note. Some only an underwriter would love
– so readers can skip to the joke. So in no particular order:
We
all know to say, “Goodbye” to Bank of America’s
correspondent channel, and we wish the job-seekers well.
MGIC,
still the largest U.S. insurer of home loans, put $200 million
of capital into an underwriting subsidiary to continue writing
new policies nationwide. The contribution helps the company fund
new business as a capital waiver from the Office of the
Commissioner of Insurance for the State of Wisconsin was going
to expire. “Because MGIC is able to write new business on a
nationwide basis without the need for any waiver of capital
requirements, there is no immediate need to extend the OCI’s
waiver” or the deal with Fannie and Freddie. “However, we expect MGIC’s capital
to diminish in 2012 and thereafter. Thus, we remain in
discussions with OCI, Fannie Mae and Freddie Mac regarding the
terms under which this strategy may be continued.” MGIC’s stock
price has dropped more than 90% from its high, and the company
has posted four straight annual losses.
MGIC's
current
“Same Insured/Servicer and New Insured/Servicer Programs will
remain in place for Non-HARP refinances. The HARP RTM program
will be available for RTM requests received on or after Dec. 1,
2011.”
American
International
Group (AIG)’s mortgage-insurance subsidiary United Guarantee
plans to launch a product next month that will independently
review and store loan paperwork for a fee. Banks that agree to
use United Guaranty Corp's "CoverEdge" will pay a 10-15% fee in
exchange for a full review of mortgage documents, both before
and after loan closing. Look for the cost to be passed on to the
borrower, of course. UG will “independently verify borrowers'
credit scores, payment histories and income, as well as home
appraisal values and other details that are viewed as predictors
of loan performance. The insurer will also act as a repository
for the paperwork, which can be accessed when claims arise.”
Fannie has agreed to purchase loans that have been vetted by the
CoverEdge program, while Freddie Mac is reviewing the product.
Starting
on
the 3rd United Guarantee "is enhancing the reserves
underwriting requirements for Performance Premium mortgage
insurance submissions. “For a 1-unit Primary Residence on a
Rate/Term Refinance, no reserves are required (versus 2 or 6
month’s PITIA reserves based on loan amounts). All other minimum
reserve requirements continue to apply."
RMIC,
although it is currently not writing new MI coverage,
reiterated its participation in the enhanced HARP.
“These updates are acceptable to RMIC, and we will continue to
fully participate in the enhanced HARP program. Any RMIC-insured
loan that is eligible under Fannie Mae or Freddie Mac's enhanced
guidelines will be eligible under RMIC's HARP guidelines. RMIC's
Recovery Assistance Program Resource Center is available at www.rmic.com
with tools such as eligibility parameters, frequently asked
questions, submission options, and forms for RMIC's HARP Same
Servicer and New Servicer Programs, as well as the Home
Affordable Modification Program (HAMP).
Anyone
with
questions on the HARP
2.0 developments can see recent changes on Fannie’s
matrix: https://www.efanniemae.com/sf/mha/mharefi/pdf/refiplusmatrix.pdf.
FHFA
has given us the schedule for that bump in guarantee fees,
mandated by Congress. (“We want to quickly
phase out these burdensome agencies, but let’s have them pay for
a two-month tax deal for the next ten years.”) Effective April
1st all G-fees charged by Fannie and Freddie will be increased
by 10 basis points. (Many remember the industry’s little comp
change happening last year on April Fool’s Day – what is it with
that date?) In addition, FHFA said that during the first part of
2012 they will determine whether the new law will require
additional increases in the G-fees. Look for the 10 bp’s to be
added to new agency loans sooner than later, in spite of the 4/1
pooling date. “Fannie Mae will increase the guaranty fee
applicable to loans in MBS pools with issue dates on or after
April 1, 2012, by 10 basis points. The increase will also apply
to the standby purchase fee applicable to loans committed under
long-term standby purchase commitments or any other negotiated
guaranty transactions on or after April 1, 2012. Fannie Mae will
also make similar adjustments to loans committed through its
whole loan programs, including eCommimtting, eCommitONE, the
Servicing Execution Tool(SET), and any other negotiated
transactions.”
Freddie
sent
out a similar note. “Effective for mortgages with Freddie Mac
settlement dates on or after April 1, 2012, we are implementing
a 10 basis point increase in required spreads for all mortgage
products.”
By the way, Freddie Mac’s LP considers a non-occupant
co-borrower's income in the qualifying income. Very similar to
FHA, all borrower's income and liabilities are combined for debt
ratio qualification. LP may not require disputed accounts to be
addressed. If the disputed accounts are addressed in the
findings, the account must be cleared. This is not available for
use on all Freddie programs.
Fifth Third wholesale
reminded brokers that Freddie Mac currently requires a “minimum
of 6 months to elapse between the time a borrower purchases a
home and subsequently applies for a cash-out refinance. A
cash-out is now permitted within 6 months of a purchase if no
financing
was obtained for the purchase transaction and all of several
restrictions apply such as the new loan amount cannot exceed the
sum of the original purchase price plus the related closing
costs, financing costs and prepaids/escrows as documented by the
HUD-1 from the purchase transaction, purchase was arms-length,”
and so on. Check its guides! 5 3 also told brokers that it “will
accept a credit report in lieu of a payoff statement for
standard FHA loan transactions for loan submissions. FHA
Streamline transactions will still require a payoff prior to
underwriting submission.”
Franklin
American
reminded us that, “Currently on Condominiums/Attached PUD units,
Fannie Mae requires coverage of the lesser of 20% of the unit’s
appraised value or replacement cost. For applications dated on
or after January 1, 100% replacement coverage of the exterior
and interior of condominiums/attached PUD units will be
required. If the ‘master’ or ‘blanket’ policy for the
condominiums/attached PUD development does not provide full
coverage of the interior or is a “bare walls” policy, then an
individual HO‐6
(“walls‐in”)
policy must be obtained to reach the full 100% coverage. The HO‐6
policy must be sufficient to repair the interior of the unit,
including any additions, improvements and betterments to its
original condition in the event of a loss. The HO‐6
policy is required to cover 100% of the insurable replacement
cost of the unit’s interior improvements and betterments,
including kitchen cabinets, lighting, flooring and plumbing
fixtures. This updated insurance requirement will apply to all
products and program types including Conventional Conforming,
Non‐Conforming,
FHA and USDA Rural Development loans.”
Franklin
American
also noted that, “Mortgage Electronic Registration Systems, Inc.
has announced that all MERS as Original Mortgagee (MOM) loans
must be originated by a MERS Member. Loans delivered by Non-MERS
members and closed on MERS Security Instruments must be
purchased by FAMC by February 10, 2012. Loans from Non-MERS
members will not be eligible for purchase after February 10,
2012 unless it has been originated on a standard security
instrument and then assigned to MERS on a standard Non-MOM
Security Instrument to MERS Assignment.”
Also,
“Dodd-Frank legislation expands compliance with Appraisal
Independence Requirements (AIR) to all appraisals. Previously,
AIR applied to Conventional loans only. Beginning with loan
applications taken on January 1, 2012, all loans delivered to
FAMC for purchase must adhere to AIR disclosure guidelines in
order to be eligible for purchase. In addition, the borrower
must sign a Borrower Appraisal Acknowledgement at closing
acknowledging receipt of the appraisal. As previously published
in Bulletin #2011-12, a Borrower Appraisal Disclosure must be
provided at the time of application on all loans acknowledging
the borrower is/is not waiving their right to review the
appraisal three (3) days prior to closing.”
Flagstar
addressed VA’s NOV Value Adjustments and Appraisal Photograph
requirements: “The VA has just released VA Circular 26-11-21,
which states that effective immediately, VA requires Staff
Appraisal Reviewers (SARs) to issue the Notice of Value (NOV) at
the appraised value reflected in the appraisal.”
GMAC
sent out word that, “FHA has announced a proposal to
discontinue their mortgage insurance program for military
impacted areas
under Section 238(c) of the National Housing Act. As a result of
FHA’s announcement, GMACB will no longer offer loans under FHA
Section 238(c) Single Family Mortgage Insurance in Military
Impacted Areas. New registrations and/or locks will not be
accepted on or after January 1, 2012.”
GMAC
also tweaked its Loan Exception request policy (for example,
“Loan Exception Requests for Prior Approvals must be submitted
with the entire credit package to GMAC Bank for Underwriting.
The Loan Exception Request Form must be completed in its
entirety and submitted with the loan file. Please review GMACB’s
Underwriting Submission Checklist for documentation when
submitting a file for Prior Approval…” and so on.) Read the
bulletin for complete details.
CitiBank
told its correspondent clients that, "Under the umbrella of
Income Calculation, the
calculation of non-reimbursed business expenses has been
identified as a top post-purchase defect. The policy that
should be followed is, “When a borrower has non-reimbursed
business expenses, such as classroom supplies, uniforms, meals,
gasoline, auto insurance and/or taxes, a recurring monthly debt
obligation should be developed based on a 24-month average of
the expenses (from Schedule A and IRS Form 2106 from the tax
returns). Automobile depreciation may be netted out. The
24-month average should be deducted from the borrower’s stable
monthly income. If there is not a full 24-month history, the
underwriter should develop an annualized monthly average.
Automobile loan payments and automobile lease payments that are
included as non-reimbursed expenses on the tax returns may not
be deducted from income. They must be included as recurring
debts in the total debt ratio.”
Mountain
West Financial told us that “AXIS AMC will no longer be
available as an appraisal order option.
Please place all appraisal orders through our Appraisal
Department.”
Wells
Fargo's
wholesale group spread the word to its broker clients that, "As
a reminder, Iowa, Minnesota and New York do not allow the
borrower to pay the tax service fee. However, RESPA requires
this fee to be disclosed on the initial and all subsequent Good
Faith Estimates (GFE) and the HUD-1 documents as a lender
(lender-paid transactions), broker (consumer-paid transactions)
or seller-paid fee. There is no valid changed circumstance if
this fee does not appear on the initial GFE, and it may result
in a GFE refund." In addition, Delaware and Hawaii passed
legislation that becomes effective on Sunday, Jan. 1, 2012,
establishing civil unions and extending the same rights,
benefits, protections and responsibilities of married spouses to
civil-union partners. This law also provides that a legal union
between two individuals of the same sex validly formed in
another jurisdiction (whether termed a marriage, domestic
partnership or civil union) must be recognized as a validly
established civil union under Delaware and Hawaii law. Ensure
unmarried applicants who are residents of California,
Connecticut, Delaware, District of Columbia, Hawaii, Illinois,
Nevada, New Hampshire, New Jersey, Oregon, Rhode Island, Vermont
and Washington complete the required Domestic Partnership Civil
Union Form to demonstrate that the required questions were asked
when applying for a loan.”
Kinecta
Federal Credit Union is
reminding everyone about the uniform appraisal dataset
requirement for FHA loans where a full appraisal is ordered and
the case number is assigned on or after January 1, 2012. “The
FHA has adopted the Uniform Appraisal Dataset (UAD) and two of
the UAD compliant appraisal reporting forms. All full
appraisals, with case numbers assigned on or after January 1,
2012 for single family residences, PUDs and condominiums will be
required to be completed on the UAD compliant appraisal
reporting forms. The UAD standardization includes standardized
formats for fields that include specific dates, dollars amounts,
Property condition, quality of construction and values, etc.”
Remember to complete the updated appraisal forms!
PHH
noted that, “FHLMC Relief Refi Open Access loans with an
application date prior to December 1, 2011, will be required to
close by January 31, 2012. For Tiers 6 and 7, loans must also be
delivered to PHH in purchasable condition by February 28, 2012.
This change is due to FHLMC closing/delivery requirements
announced in Bulletin 2011-22.”
SunTrust revised
interest party contribution guidelines. It also expanded the LP
Guidelines for disabled children and elderly parents. It issued
updates regarding Agency Subordinate Secondary Financing
Guidance and the Employment Status Verification Guideline. Also,
“Beginning on Jan. 1, 2012, FHA and VA appraisals must comply
with Uniform Appraisal Dataset (UAD) requirements.
Correspondent lenders must ensure that FHA and VA appraisals are
UAD-compliant for loan deliveries to SunTrust Mortgage.”
Chase is
temporarily suspending specific LTV/CLTV and minimum Credit
Score options on the Non-Agency 5/1 ARM (Market Type 516). The
product eligibility changes outlined in the bulletin are
effective with Non-Agency 5/1 ARM Best Effort locks and relocks
on or after December 27, 2011.
Home
Savings of America
clarified its stance regarding HOA assessments being junior to
the first lien mortgage for FHA products (not VA). "FHA
requires evidence that homeowner’s association assessments are
subordinate to the first lien. To meet FHA’s requirements, the
following must be documented for all FHA purchases and rate and
term and cash-out refinance transactions (streamline
transactions are exempt). For FHA loans secured by a PUD, one of
the following must be provided prior to closing: a copy of the
homeowner’s association by-laws indicating that HOA assessments
are subordinate to mortgage liens, or a subordination agreement
executed by a representative of the homeowner’s association
indicating that all current and future HOA assessments are
subordinate to mortgage liens, or the title commitment stating
the title company will insure over any HOA assessment liens, or
a letter on letterhead from the title company indicating that
HOA assessments cannot take first lien position in the state in
which the property is located, or if state law gives HOA
assessments a “super-lien” position, a letter from the HOA
indicating that all HOA assessments with the exception of the
mandatory super-liens are subordinate to the FHA mortgage is
required. For FHA approved condominiums, evidence of condominium
approval is sufficient to demonstrate HOA assessments are
subordinate to the first lien; no further documentation is
required."
Darn that’s a lot!! I am glad I am not an underwriter! Here’s a
little dessert:
A couple of New Jersey hunters are out in the woods when one of
them falls to the ground. He doesn't seem to be breathing and
his eyes are rolled back in his head.
The other guy whips out his cell phone and calls the emergency
services. He gasps to the operator: “My friend is dead! What can
I do?”
The operator, in a calm soothing voice says: “Just take it easy.
I can help. First, let's make sure he's dead.” There is a
silence, and then a shot is heard.
The guy's voice comes back on the line.
He says: “OK, now what?”
If you're interested, visit my twice-a-month blog at the
STRATMOR Group web site located at