FHA Trying To Maintain Solvency

For several years, the Federal Housing Administration has been the go-to financing resource for cash-strapped home buyers who can’t come up with a big down payment. It has zoomed from barely a 3 percent market share to nearly 30 percent of home purchase loans. But now, wildly popular FHA-insured mortgages could be on the verge of becoming more expensive and tougher to obtain.

In the wake of an independent actuarial study that found the FHA’s insurance fund reserves far below the congressionally mandated minimum, the agency confirms it is actively exploring ways to pump up its reserves – including raising insurance premiums, minimum down payments and other unspecified moves.

How might these changes affect home buyers and refinancers? FHA officials won’t discuss precisely what they’re looking at. But here’s a quick overview of some of the possibilities:

Higher down payments. FHA’s current minimum cash down payment is 3.5 percent. On a $200,000 house, a buyer can bring just $7,000 to the table, aside from closing costs. A purchase of a $500,000 house in a high-cost area requires only $17,500 in cash.

Critics say 3.5 percent does not force purchasers to have enough “skin in the game” to discourage them from missing payments or risking foreclosure. Rep. Scott Garrett, R-N.J., introduced legislation last month requiring a minimum 5 percent down payment for all future FHA loans. Ed Pinto, who served as Fannie Mae’s chief credit officer in the 1980s and is now a mortgage industry consultant, says FHA needs to move to a 10 percent minimum.

But many lenders and mortgage brokers argue that raising the limit could scuttle FHA’s core purpose – serving consumers of modest means. Jeff Lipes, president of Family Choice Mortgage Corp. near Hartford, Conn., says a move to a 10 percent minimum “would effectively eliminate FHA as an option for first-time buyers.” A 5 percent standard would reduce volume, he says, but not exclude such a wide swath of currently eligible borrowers.

Higher mortgage insurance premiums. Currently, FHA charges an “up-front” mortgage insurance premium of 1.75 percent of the loan amount. Most borrowers roll that into their loan and finance it. FHA also charges an annual premium, paid in monthly installments, of either 0.5 percent or 0.55 percent, depending on the down payment. To rebuild reserves, FHA could tweak one or both premiums to yield higher revenues. It could, for example, raise the up-front premium to 2 percent or as high as the current statutory maximum of 2.25 percent. It could also raise the annual fee, but the total premium could not exceed 3 percent under current congressional limits.

Mortgage industry officials say raising premiums would be a logical move, with a gentler impact on borrowers. Lipes calculates that on a $200,000 loan, an increase in the up-front premium to 2 percent – and a move to 0.6 percent on the annual – would raise a borrower’s monthly payment by just $10 at today’s interest rates.

Cutting home-seller “concessions” to borrowers’ loan costs. One of the big attractions of FHA financing has been the agency’s liberal allowance for seller contributions to borrowers to offset settlement and loan-related fees. The current FHA limit is 6 percent of the house price, which critics believe to be excessive. They say the policy effectively allows financially marginal borrowers to buy houses they shouldn’t, thereby raising FHA’s exposure to losses. Pinto calls the 6 percent allowance “insane on a loan with a 3.5 percent down payment.” He wants Congress to order FHA to reduce maximum concessions to 2 percent.

Toughening credit standards. In the mortgage market, FHA is by far the most lenient and flexible player when it comes to evaluating applicants’ creditworthiness. It does not have a minimum credit score, though it permits lenders to impose their own FICO score minimums. FHA also traditionally has been far more tolerant of credit history peccadilloes than Fannie Mae or Freddie Mac. When there are extenuating circumstances associated with credit problems – medical, marital or employment – FHA seeks to give applicants the benefit of the doubt.

But critics say underwriting generosity can lead to higher delinquencies, foreclosures and losses. They want FHA to toughen up. In fact, many mortgage market participants would prefer to see FHA move to the approach used by private insurers – risk-based pricing. Paul Skeens, president of Colonial Mortgage Group in Waldorf, Md., says FHA should calibrate premiums to a tiered system of credit scores and down payment amounts, charging more for borrowers with low down payments and low scores, and less for those with higher cash in the deal and better scores.

“If that’s what it takes to make FHA solvent, I’m all for it,” says Skeens.

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FHA Deficiency Judgments Pursued

U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WASHINGTON, D. C. 20410-8000

OFFICE OF THE ASSISTANT SECRETARY FOR
HOUSING-FEDERAL HOUSING COMMISSIONER
Mortgagee Letter 89-14
TO:  ALL APPROVED MORTGAGEES
ATTENTION:  Servicing Managers (Single Family)
SUBJECT:  Implementation of Deficiency Judgment Activities
 
     The Department of Housing and Urban Development (HUD) published
its Final Rule on deficiency judgments in the Federal Register on
February 16, 1988 (at 53 FR 4384).  The Rule, which appears in the
Code of Federal Regulations at 24 CFR 203.369, went into effect on
March 28, 1988.  It makes it possible for HUD to require that lenders
pursue deficiency judgments, but only in cases where foreclosures
involve mortgages insured pursuant to firm commitments (or direct
endorsement credit worksheets) issued on or after March 28, 1988.
For those mortgages insured pursuant to firm commitments (or direct
endorsement credit worksheets) issued prior to March 28, 1988, the
Department can continue to request that mortgagees diligently pursue
deficiency judgments against selected mortgagors.  Until recently,
HUD was not authorized to reimburse lenders for the full expense of
obtaining deficiency judgments.  That situation has been rectified by
new regulation 24 CFR 203.402(o), which makes the added costs (which
must be reasonable and customary) of pursuing the judgments 100
percent reimbursable.  HUD strongly encourages mortgagees to
cooperate with requests from Field Offices regarding deficiency
judgments.
 
     The Department has already begun requesting or requiring
mortgagees to obtain deficiency judgments in instances where the
mortgagors are non-occupant owners; have previously defaulted on one
or more FHA-insured mortgages resulting in the payment of claim(s);
or are “walkaways,” having abandoned their mortgage payment
obligations despite their apparent continued ability to pay.  This
will continue to occur where the pursuit of deficiency judgments is
consistent with State law.
 
     HUD will be using data collected by the Department that
identifies mortgagors with two or more FHA-insured mortgages, as
well as information from the single family default monitoring
system.  When these reports are combined, they yield listings of FHA
mortgagors who are by definition non-occupant owners and are also in
a default or pending-foreclosure status (or have already experienced
foreclosure) on one or more FHA-insured mortgage loans.  In addition,
mortgagee monitoring staff outstationed from HUD Headquarters, and
loan management staff in many Field Offices around the country, will
pass along information about prospective subjects for deficiency
_____________________________________________________________________
 
                                                               2
 
judgments to the staffer responsible for determining which mortgagors
to pursue.  He or she in turn will contact the mortgagees (first by
telephone, then by follow-up letter) to advise them that HUD is
requesting or requiring them to seek deficiency judgments against those
mortgagors who have been selected for such treatment.
 
     Mortgagees, if requested or required by HUD Field Offices to
pursue deficiency judgments against particular mortgagors, will be
instructed to assign all the judgments they obtain to HUD.  (Model
forms facilitating this action will soon be made available by Field
Offices to mortgagees, along with additional instructions.)
Mortgagees are specifically directed not to engage in collection of
deficiency judgments obtained in connection with any FHA-insured
mortgage, effective immediately.  The Department will utilize various
methods to collect once the judgments are assigned, including
conventional means of pursuing the judgment debtors by HUD personnel,
use of private collection agencies and/or judicial proceedings
initiated by the U.S. Department of Justice, salary or administrative
offset (for active or retired Federal and military personnel), and
Internal Revenue Service (IRS) offset of tax refunds.  Some of these
measures may result in additional fees that are chargeable to the
debtor.
 
     If the judgment debt is declared uncollectible, in whole or in
part, by the Federal Government, the amount of the uncollectible
debt will be reported by HUD to the IRS on Form 1099-G.  Mortgagors
who successfully negotiate compromise settlements will also be the
subject of an IRS information return on Form 1099-G for any
indebtedness “forgiven” by the Government under the terms of the
settlement.  Before the Form 1099-G can be filed, however, the debt
amount must be compromised or declared uncollectible by Federal
administrative procedure, or else the applicable Statute of
Limitations on enforcement of the deficiency judgment must have run.
The Department now anticipates that it will have the necessary
procedures in place for Form 1099-G reporting by the second half of
1989.
 
     The procedure of pursuing a specific mortgagor for a deficiency
judgment can begin in two different ways.  As discussed above, HUD
may request or require the mortgagee to take this action based on
data gathered “in-house.”  Alternatively, the mortgagee can initiate
the process by bringing information to the attention of the local HUD
Office indicating that a mortgagor meets the criteria for pursuit of
a deficiency judgment.  The Department encourages lenders to
communicate the details of serious abuses of which they are aware to
the Loan Management Branch Chief at the appropriate HUD Office.
_____________________________________________________________________
 
                                                               3
 
Please note that only where pursuit of the deficiency judgment was
requested or required by the Department, or where HUD has approved a
mortgagee’s request for permission to pursue a judgment, will the
expenses connected with this action be reimbursable when the claim is
filed.
 
     Another noteworthy aspect of HUD’s deficiency judgment
initiative is the Department’s use of the Claims Without Conveyance
of Title (CWCOT) procedure to establish the Commissioner’s Adjusted
Fair Market Value (CAFMV), which is the amount the mortgagee will bid
at the foreclosure sale.  It is the CAFMV, or, if a third party bids
higher, the consummated third-party purchase price, that is used to
establish the deficiency judgment amount when it is subtracted from
the mortgagor’s outstanding indebtedness at the time of foreclosure.
(Refer to Mortgagee Letter 87-20 , dated June 23, 1987, for a full
explanation of CWCOT.)
 
     The Department will be widely publicizing its efforts to counter
abuse of the FHA Single Family insurance programs through the
prosecution of deficiency judgments and by the reporting of
uncollectible and/or compromised amounts to the IRS.  It is hoped
that these initiatives, directed toward investors, repeat defaulters
and “walkaways” will act as deterrents against abuse.
 
     HUD will be issuing a separate Mortgagee Letter in the near
future, which provides instructions on how to include deficiency
judgment-related expenses in claims for insurance benefits.
 
     The cooperation of participating mortgagees is crucial to our
success, and the Department appreciates your commitment to help us
accomplish this objective.  Please feel free to call the Single
Family Servicing Division at Headquarters if you have any questions
on this matter, at (202) 755-7330.
 
                                   Sincerely yours,
 
                                   James E. Schoenberger
                                   General Deputy Assistant Secretary
                                     for Housing
_____________________________________________________________________

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FHA Soon To Be BANKRUPT?

Skyrocketing growth in loans from the Federal Housing Administration and Ginnie Mae have helped support the mortgage market — but could leave taxpayers on the hook for massive new losses.

FHA-insured loans have more than tripled from 530,000 in fiscal year 2007 to 1.7 million thus far in 2009. The Government National Mortgage Association, which securitizes FHA loans, has boosted its mortgage-related issuance to $287 billion from $85 billion.

Yet during that same period, the FHA’s loan delinquency rate has climbed to 14.4% in Q2 from 12.6% two years earlier.

Adding to the concern, the FHA’s fund to cover losses has dropped to a projected 3% of insured loans. That’s a leverage ratio of 33-to-1, the level banking giant Bear Stearns was at before it failed.

The government’s own watchdogs have rung the alarm that the FHA is increasingly vulnerable to fraud.

“One of the ways to read the FHA growth is that they are coming back to a more historically ordinary presence in the market,” said Alex Pollock, a resident scholar at the American Enterprise Institute and former president of the Federal Home Loan Bank of Chicago. “But they’re having very rapid growth and they have high loan-to-value ratios and one can certainly imagine scenarios where the delinquencies and losses get serious.”

FHA-backed loans have down payments as low as 3.5% — even as many private lenders have returned to 10% or 20%. Higher loan-to-home value ratios tend to have more risk. FHA borrowers often have poor credit ratings.

But FHA’s delinquencies are still far lower than subprime loans, which have nearly doubled in the past two years to 25.4%.

Traditionally, FHA loans have been safer than subprime. Getting an FHA loan has been more cumbersome. Such loans also had various size limits — now loosened — that kept them out of many overheated housing markets that later crashed.

Also, the FHA encourages the banks it works with to help borrowers stay in their homes.

“Historically, a significant number of FHA mortgages cured themselves — borrowers start making the payments down the road,” added Guy Cecala, CEO and publisher of Inside Mortgage Finance Publications.

But Cecala also noted that those tend to reflect better economic conditions than today. Unemployment, a big factor in delinquencies, now stands at 9.4%.

The collapse of the private mortgage market has meant more business for FHA.

Congress has also pushed the FHA to get more involved by authorizing the $300 billion “Hope for Homeowners” program, intended to help struggling homeowners to refinance — even when they are up to 25% underwater on their homes. Such reworked mortgages have an extremely high failure rate. However, FHA says it has not made many “Hope” loans.

Lawmakers also expanded the FHA loan limit from $625,500 to $729,750.

All that may be leading the FHA into riskier territory. And since the agency enjoys the full faith and credit of the U.S. government, the taxpayer would end picking up yet another tab for any future losses.

Also, the torrid growth may be masking the size of FHA’s current delinquencies.

“Those numbers look lower than they would otherwise because the portfolio is growing fast,” warned Pollock. “As a loan portfolio grows fast, the delinquency numbers look better because you’re adding all these new loans that haven’t had time to go bad yet into the denominator.”

Without those new loans, FHA’s Q2 new foreclosure rate of 1.15% would be nearly 1.5%, according to the Mortgage Bankers Association.

Meanwhile, the “surge in FHA loans is likely to overtax the oversight resources of the FHA, making careful and comprehensive lender monitoring more difficult,” said Kenneth Donohue, Inspector General for the Department of Housing and Urban Development, in testimony before Congress in June.

Donohue noted that heavy loan volume makes the FHA “vulnerable to exploitation by fraud schemes.”

The FHA recently suspended Taylor, Bean & Whitaker Mortgage for suspected fraud. The No. 12 U.S. mortgage lender in the first half of 2009, Taylor recently filed for bankruptcy.

The agency itself, in an e-mail response to IBD questions, acknowledged “some pressure on FHA’s operational environment,” but said “system enhancements and process changes” are agency priorities.

FHA also stressed that it historically has been less prone to fraud than similar private lenders, citing its insistence on full documentation from borrowers.

Donohue also worried that surging FHA volume has “collateral implications for (Ginnie Mae’s) integrity.”

That could have serious policy implications for reform of the secondary mortgage market after the collapse of Fannie Mae (FNM) and Freddie Mac (FRE), which will cost taxpayers hundreds of billions of dollars.

The MBA on Wednesday proposed breaking up Freddie and Fannie into smaller, private entities that would issue a government-backed, mortgage-backed security.

This “CG” security “would be conceptually similar to the Ginnie Mae model,” the MBA’s report said. Indeed, it suggested “Ginnie Mae could potentially take on the responsibilities of the CG.”

Cecala notes that defaults on FHA loans can create headaches for Ginnie Mae investors, even though the FHA covers any losses. A default means a Ginnie Mae MBS gets paid early, causing difficulty for those investors who expected the payments to continue for a number of years.

But Cecala added that he was “not aware of Ginnie Mae investors being concerned” so far.

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FHA Training Program

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FHA Mortgage News

Many FHA but not all FHA lenders, skittish as foreclosure and default rates rise, have discontinued FHA mortgages for borrowers with less-than-perfect credit or little saved for a down payment.

Credit standards for FHA loans, by contrast, are more relaxed. And while many loans now require that borrowers put 20 percent down, FHA loans mandate just 3.5 percent.

Wells Fargo Bank, which has also toughened requirements for government-insured loans that it buys from other lenders, is “continuously reviewing our real estate lending product mix and underwriting practices to ensure they prudently align with marketplace risk,” spokesman Florida mortgages wrote in an e-mail.

The bank is also requiring that brokers provide evidence that borrowers seeking “streamline” FHA refinancings haven’t missed any mortgage payments in the past 12 months, according to its notice.

The default rate for FHA mortgages has spiked to its highest-ever level as government lending continues to see its share of the mortgage market explode. Some experts think the trend will soon force the Department of Housing and Urban Development to tighten up its underwriting standards

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FHA Loan Defaults Rising

The default rate for mortgages recently insured by the Federal Housing Administration has been climbing, an alarming trend for an agency that is playing a vastly expanded role in the mortgage market and backing roughly a quarter of all the loans made last year.

About 4.31 percent of the FHA-insured loans made in the two years ending December 31 were at least 90 days late, according to the most recent update of an FHA database designed to help the agency detect problems with its lenders and programmes. That’s the highest in any two-year period since at least 2005.

On a monthly basis, FHA defaults have been rising since summer, according to the Department of Housing and Urban Development, which includes the FHA. Not all defaults result in foreclosure.

The lacklustre performance comes at a time of increased scrutiny of the FHA by federal policy-makers, some of whom question whether the agency can handle its soaring volume of loans and properly vet the lenders who are making them.

Although the FHA is a government agency, it has been self-sustaining since its creation in 1934, meaning no public money has been used to cover its losses. The mortgage insurance paid by the home owners goes into a fund that provides backing on mortgages made by FHA-approved lenders.

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New FHA Short Sale Rules

Key Features of the PFS Program

• Establishing Market Value –Mortgagees are reminded to ensure that properties in the PFS program are sold at or near fair market value as established by an independent appraisal, prepared by an appraiser on the FHA Appraisal Roster. 

• Minimum List Price Requirements – Properties offered for sale under the PFS program are to be listed for sale at no less than the “as-is” appraised value as determined by a current FHA appraisal, obtained and reviewed by the mortgagee.

• Negative Equity – The ratio of 63% for the fair market value (FMV) to the outstanding mortgage balance (including unpaid principal and accrued interest) has been updated to address events in the current housing market, and replaced with tiered net sales proceeds.
 
• Tiered Net Proceeds Requirement – This ML incorporates guidelines for varying minimum net sales proceeds based on the length of time a property has been competitively marketed for sale.

• Marketing Documentation – Prior to accepting a discounted offer, evidence of competitive marketing from the selling broker is to be presented and mortgagees are to retain this documentation in the claim review file. 

• Non-owner Occupant Exceptions – Mortgagees are authorized to grant reasonable exceptions to non-occupant mortgagors when documentation indicates a property was not purchased as a rental or used as a rental for more than 18 months, immediately preceding the approval into the PFS program.

• Removal of Repair Limitations –With prior approval from HUD, properties with surchargeable damage (i.e., damage caused by fire, flood, earthquake, hurricane, boiler explosion or mortgagee neglect) may be eligible for the PFS program if funds – sufficient to cover the government’s estimated repair costs – are applied to reduce the outstanding debt when a claim is filed.

• Increase in Funds Available for Discharge of Subordinate Liens – In instances where a mortgagor has made an initial contribution/incentive of $750 or $1,000, the amount that can be used from sales proceeds for the discharge of liens or encumbrances (which represent an impediment to conveyance of marketable title) has been raised from $2,000 to $2,500. 

• Change in Allowable Closing Costs – Subject to the stated ratios, HUD allows up to 1% of the buyer’s mortgage amount for closing costs to be included in the “Seller’s Costs” on the HUD-1 for all transactions that involve a new FHA-insured mortgage. 

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FHA Streamlined Refinance

FHA has permitted streamline refinances on insured mortgages since the early 1980′s. The “streamline” refers only to the amount of documentation and underwriting that needs to be performed by the lender, and does not mean that there are no costs involved in the transaction. The basic requirements of a streamline refinance are:

  • The mortgage to be refinanced must already be FHA insured. 
  • The mortgage to be refinanced should be current (not delinquent). 
  • The refinance is to result in a lowering of the borrower’s monthly principal and interest payments. 
  • No cash may be taken out on mortgages refinanced using the streamline refinance process.
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FHA Mandatory Loss Mitigation Required of Lenders

It is important to stress that although loan servicers have delegated authority to execute individual loss mitigation actions, participation in the FHA Loss Mitigation Program is not optional.

  • Within 45 days of default, every delinquent borrower must be provided comprehensive written information about workout options, including contact information for HUD-approved housing counseling agencies.
  • Each borrower must be evaluated for loss mitigation by the 90th day of default.
  • No servicer may initiate foreclosure until their senior management committee has reviewed the loss mitigation analysis and determined that the borrower does not qualify for any option.
  • Servicers must offer loss mitigation throughout the foreclosure process any time the borrower requests such consideration or the servicer becomes aware that the borrower’s financial situation may have improved and assistance is now an option.
  • And finally, these activities must be reported to FHA monthly and documented in the loan file.

To ensure compliance, FHA has developed a sophisticated tiered ranking system to both monitor and rate each servicer’s commitment to loss mitigation. Top ranked servicers – those who reported some type of loan work action for at least 80 percent of their seriously delinquent loans – are eligible to earn increased incentives. In the most recent round of tier ranking published in January 2008, 89 servicers ranked in Tier One and only five servicers ranked in Tier Four. Servicing lenders that do not take loss mitigation seriously are in jeopardy of paying to FHA a fine equal to triple the cost of their foreclosure claim and can also be held accountable with other sanctions.

Source – HUD Testimony, Laurie Maggiano Deputy Director, Office of Single Family Asset Management, Federal Housing Administration U.S. Department of Housing and Urban Development on April 16, 2008

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Lexington Law Credit Repair

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