Posts Tagged ‘Texas Mortgage Regulations Update’

Geithner Talks GSE Options, But Action Waits

Wednesday, March 24th, 2010

American Banker  |  Wednesday, March 24, 2010
By Donna Borak
 
WASHINGTON — Though Treasury Secretary Tim Geithner said Tuesday that reforming the government-sponsored enterprises should not take years to accomplish, a House Financial Services Committee hearing made it clear the issue is unlikely to be addressed anytime soon.

Geithner offered no specifics on the future of Fannie Mae and Freddie Mac. Instead, he broadly endorsed some kind of government role in the housing market, even while he appeared uncertain how expansive it should be.

He also rejected the past GSE model, declaring that it was a partial cause of the current crisis and saying a total revamp is necessary.

“There is a quite strong economic case, quite strong public policy case for preserving [and] designing some form of guarantee by the government to help facilitate a stable housing finance market,” Geithner said. “But it can’t be the one we have today. It can’t be the one we lived with over the last decade. It’s going to be significantly different.”

Geithner’s timetable for reform appeared to be a long one. He repeatedly made it clear that the administration was only starting to examine the issue, and no concrete reform plan was in the offing.

“Realistically, it’s going to take several months to do a careful exploration of the problems, solutions, alternative models, and to try to shape legislation that could command consensus,” Geithner said. “But I don’t see why this should take years. There’s a huge compelling need to make sure we can design the successor system, and it’s very hard … for anybody to argue that we can live the with the system as it is now indefinitely in the future.”

House Financial Services Committee Chairman Barney Frank agreed that the effort had just started. “I stress this is the beginning of this process,” he said.

That left many Republicans outraged. Several GOP lawmakers noted that it has been a year and a half since the government seized the GSEs — and said that to start work on a plan now was far too late. “It’s unacceptable that more than 18 months after the GSEs were placed in conservatorship that the Treasury Department still does not have a plan for Fannie and Freddie,” said Rep. Spencer Bachus, the panel’s lead Republican. “Without reform, the bailouts will not stop, the housing market will not find its footing, and the American economy will not recover.”

Rep. Bill Posey, R-Fla., appeared frustrated, telling Geithner, “We can’t wait forever to find out” about the administration’s plan.

Geithner attempted to reassure lawmakers that the administration did not intend to drag the process out. He insisted it had been busy responding to the financial crisis, and that it has to be careful that whatever plan it develops will not upset the still-fragile housing markets. The administration plans to publish a list of questions by April 15 seeking comment on the right role for the government in the housing finance system.

But Geithner also ruled out several alternatives that have been offered on the future of the GSEs. For example, he rejected both nationalizing Fannie and Freddie or splitting them into several smaller entities.

“I think the two options you laid out at the beginning — full nationalization or creating a whole new class of GSEs to compete with each other — those do not look like appealing options to me,” Geithner said in response to questions from Bachus.

He also appeared to reject an idea being pushed by the Federal Home Loan banks to recreate Fannie and Freddie in the Home Loan banks’ image. Unlike Fannie and Freddie, which were public companies that answered to shareholders but were chartered by the government, the 12 Home Loan banks are cooperatives owned by their member institutions.

Rep. Mike Castle, R-Del., noting that the Home Loan banks have fared better than Fannie or Freddie, asked Geithner if it was worth considering using them as a guide. “Using the Federal Home Loan bank model, is that something you could actually substitute for all this in terms of what we’re doing or not doing as far as the future’s concerned?” Castle asked. “They don’t seem to have had the problems that the other GSEs have had.”

Geithner responded that the Home Loan bank system “is not without challenge today.” Still, he maintained that the Home Loan banks must be included in any revamp of the housing finance system. “When you look at the housing finance markets and reform of the GSEs, you have to look at the FHLB structure as well to make sure that it can play the role it’s designed to play, again, without leaving us with too much risk in the future that the government’s going to have to come in, to step in, to underwrite those losses,” he said.

Geithner did say he would consider a model offered by former Treasury Secretary Henry Paulson to regulate the GSEs like public utilities.

But Democrats rejected attempts by Republicans to unwind Fannie and Freddie before a replacement system is in place. “You can’t really tear down the old jail until you’ve built the new one,” Frank said. “We will simultaneously, I hope, be figuring out how best to wind down Fannie Mae and Freddie Mac and make sure that before that is completed, we are ready to replace the functions they are now performing in the economy without leaving this great vacancy.”

In September 2008, the government seized Fannie and Freddie and kept them afloat with $127 billion in federal aid. Reversing its original plan, the Obama administration pledged late last year to cover unlimited losses through 2012 for the enterprises, removing the earlier cap of $400 billion.

Republicans accused the administration of propping up the GSEs for its own purposes, including using them to support a program designed to increase loan modifications. “It appears to many of us … that what we now have is the GSEs are essentially an instrumentality of the administration to fund taxpayer funds to a failed foreclosure mitigation plan, with nothing else in sight,” said Rep. Jeb Hensarling, R-Texas.

Rep. Randy Neugebauer, R-Texas, warned that the longer a new plan for Fannie and Freddie is delayed, the more dependent the housing market will become on a nationalized Fannie and Freddie, echoing a point made by many analysts.

“It’s kind of like a muscle,” Neugebauer said. “The doctors tell you the longer that you don’t use a muscle and you keep your arm in a sling, which is where we got the housing finance market today, … the harder it is to rehabilitate that arm once you take it out of the sling.”

Geithner said the administration was conscious of the need to act but said doing so too quickly could make things worse. “We do not want these markets dependent excessively on government support in the future,” he said.

But he warned that in areas like housing that have been so badly damaged, “that process of repair is going to take a long time.”

HUD continues guidance on new RESPA forms; Delivers more FAQs four weeks after rule effective date

Wednesday, February 3rd, 2010

Issue Date: RESPA News Monthly
January 2010, Posted On: 2/2/2010
In-Depth Reports

Late last year, many industry professionals predicted that the Department of Housing and Urban Development (HUD) would continue releasing more rounds of RESPA final rule frequently asked questions (FAQs) well into the New Year. This prediction was validated on Jan. 28 when HUD issued yet another revision to its already massive document. The guidance is intended to help industry members with questions as they implement the new Good Faith Estimate (GFE) and HUD-1 Settlement Statement forms. The forms went into effect on Jan. 1.

 

In this new round of FAQs, HUD added some new questions and made some revisions to existing FAQs. On Page 4, HUD added language to its answer for the following question: May a loan originator require the use of its affiliate for the tax service or flood certificate? HUD originally stated, “No, a loan originator may not require the use of its affiliate for tax service or flood certificate.” It has added the following: “But a loan originator may require the use of a non-affiliated provider.”

HUD added several new FAQs that addressed questions about the formatting of the new forms. It clarified the following:

  • Changing the pagination of the GFE is not permitted;
  • The GFE may be on legal size paper;
  • Shading and margins may be changed on the HUD-1; and
  • Lines may be added to the HUD-1 and a blank line within a series may be deleted from the form.

HUD also provided an answer to the question on whether an FHA loan correspondent is considered a broker or lender if he closes a loan in his name and is not table-funded by his sponsor, but rather is funded from his own funds or from a warehouse line of credit which he controls. According to HUD, in this scenario, the correspondent is considered to be a lender.

HUD also noted that if a mortgage broker provides the initial GFE and the lender accepts the loan, the lender cannot issue a new initial GFE, but rather is bound by the terms disclosed to the borrower by the broker.

In addition, there is a new FAQ that says loan originators cannot require borrowers to sign consent forms as a condition of issuing a GFE.

“A loan originator may not require a borrower to sign consents to verify employment, income or deposits as a condition of issuing a GFE as such a requirement may inhibit borrowers from shopping for the best loan by leading borrowers to believe that they are committed to obtaining a loan from that loan originator (see 24 CFR § 3500.7(a) (5) and (b) (5)),” HUD said. “However, the borrower may voluntarily sign consents prior to the issuance of the GFE to facilitate the loan process.”

On Page 8 of the FAQs, HUD clarified that if a borrower locks the interest rate after a GFE has been issued, a revised GFE must be issued within three days of the interest rate lock. This revised GFE would reflect the date that the interest rate lock is good through by putting this information in line 1 and putting “N/A” in line 4 of the “Important dates” section on Page 1 of the form.

“Any interest rate-dependent charges (block 2, line A and block 10 on the GFE) and terms that changed must also be updated on the revised GFE,” HUD said.

HUD also included more guidance on disclosing appraisal management fees. However, according to some chatter among lender compliance professionals on a real estate blog, this guidance may not be all that helpful.

“We have conflicting new FAQs,” one blogger wrote. “If an appraisal management company retains independent appraisers to perform the appraisal, the portion of the fee retained by the appraisal management company for management of the process of obtaining the appraisal may have to be folded into block 1 of the GFE and line 801 of the HUD-1. And, only the portion of the fee retained by the appraiser may be disclosed in block 3 and on line 804 of the HUD-1.”

On Page 26, the FAQ states:

“Q: What charges are part of the charge in block 1 of the GFE, ‘Our origination charge?’

A: Block 1, “Our origination charge” on the GFE contains all charges for origination services performed by or on behalf of a lender and/or a mortgage broker. Origination services includes, but is not limited to, the following: taking of the loan application, loan processing, underwriting of the loan, funding of the loan, acting as an intermediary between a borrower and lender, obtaining verifications and appraisals, and any processing and administrative services required to perform these functions.”

The phrases “services performed by or on behalf of a lender” and “obtaining verifications and appraisals,” are what seem to be troubling and one blogger wrote that HUD contradicts itself in a separate FAQ on Page 46. The FAQ reads:

“Q: If an appraisal is ordered through XYZ appraisal vendor management company and the appraisal is subcontracted to ABC Appraisal Company, what name is identified in line 804 on the HUD-1?

A: XYZ appraisal management company must be identified on Line 804.”

“So which is it? Is the portion of the fee for referring out the appraisal an administrative fee (and is this a violation of Section 8(a) and 8(b) of RESPA for taking a referral fee and taking a split of the appraisal fee without providing appraisal services), or is putting the appraisal management company on the HUD as the appraiser kosher? Note that if the title agent farms out the closing or a portion of the closing, the fee paid to the closer is disclosed on line 1102. Why should the appraisal be handled differently,” the blogger questioned.

Moreover, on Page 11, HUD addresses the question of whether or not a loan originator has to show an appraisal fee (or other fee) paid to a third party on the GFE and HUD-1, even if the loan originator wants to cover 100 percent of the fee. HUD says yes.

“The loan originator must list all required third-party services on the GFE and HUD-1 regardless of whether the charge is paid by the borrower, seller, loan originator or any other party (except for administrative and processing services),” HUD said. “If any party other than the borrower is paying for a service that was on the GFE, such as the appraisal fee, the charge remains in the borrower’s column on the HUD-1. A credit from the paying party to the borrower to offset the charge should be listed on the first page of the HUD-1 in lines 204-209 and, if the service was paid by the seller, lines 506-509 respectively.”

Regarding the written list of service providers that the loan originator must give to the borrower, on Page 15, HUD clarifies that a loan originator may include a statement on this document that the listing of a service provider on the “written list” does not constitute an endorsement of that service provider.

On Page 28, question seven asks if the yield spread premium can be shown as “paid outside of closing” on the GFE and the HUD-1? HUD says no.

“The yield spread premium is applied as a credit to the borrower in block 2 on the GFE and in line 802 on the HUD-1,” HUD noted.

HUD also provides more guidance on “changed circumstances,” the “Important dates” section, where to disclose an escrow waiver fee, condominium certificates, the disclosure of third-party services, transfer taxes, curing tolerances and seller-paid items.

HUD issued its first round of FAQs in August. At that time, the guidance spanned 16 pages and provided insight on a little less than 100 questions. Now, the document is 57 pages and includes a table of context that categorizes about 275 Q&As. For a copy of the latest FAQ report, go here.

Dodd Says Fees Show Need for Agency

Tuesday, August 11th, 2009

 

American Banker  |  Tuesday, August 11, 2009

By Maria Aspan

Senate Banking Committee Chairman Chris Dodd renewed his support for a Consumer Financial Protection Agency on Monday, even as he declared a “victory” on credit card overlimit fees.

American Banker reported Monday that American Express Co. and Discover Financial Services will eliminate the fees they charge customers for exceeding their credit limits, rather than comply with a new law’s “opt-in” restrictions on those fees.

In a news release Monday, Dodd called the issuers’ decision “good news for credit card customers.” But he said that other types of fees, including overdraft fees, still need to be reined in.

“Congress and the Federal Reserve can act on these problems as we discover them, but we need to create a Consumer Financial Protection Agency that makes looking out for problems like these their full time job,” Dodd said in the release.

Dodd has called for the Fed to regulate overdraft fees by requiring consumers to opt in for overdraft protection.