Home Loan Closing Costs

Ahead of the Curve
Gil's Mortgage Resource Letter

Gil Kerbashian

"Understanding Closing Costs"

-Processing Fee Estimate: $350

This fee is charged by us to pre-approve, pre-underwrite and make sure your
loan fits program guidelines prior to us submitting the loan to an underwriting
unit for full approval.
We will review all documents, submit your package, insure compliance, attend
closing and maintain support all the way to closing. Fee paid directly to us at
closing. This fee also
includes credit reports, approval certificates and document gathering expenses.

-Discount Points to Buydown Rate:

Normally not charged unless a buyer requests or needs to buydown an interest
rate in order to qualify for the loan.

-Appraisal Fee Paid Directly to Independent Appraisal Company Estimate:
$275-$450 Upfront Cost

This fee is paid directly to an independent appraiser to determine the maket
value of your property. The appraiser is chosen by a neutral third party and
you must pay this fee
at the start of the loan process once a property is determined.

Underwriting Fee Paid to Independent Undewriting Unit Estimate: $600-$800

This fee is paid by you directly to the loan underwriting entity at loan
closing. Once we have pre-underwritten your loan and we have determined the
best lender able to actually fund your loan, we submit it to them for review,
approval, legal documents and funding.

-Homeowners Insurance Paid to Your Insurance Company Estimate: $300-$600
Upfront Cost

You will contact your personal insurance provider two weeks prior to your
closing date to determine the cost of a homeowners insurance policy. This will
be paid in advance of closing directly by you to the company you have picked. A
one year policy must be paid for in advance of closing. If the property is in a
flood zone, you will also be required to get flood insurance also.

-Mortgage Interest Payment at Closing Estimate: Depends on closing date.

Depending on the day you close, you will pay for the days of homeownership from
the day of closing to the last day of the month. Example: if you close on the
15th of the month
you will pay from the 15th to the last day of the month for each day you own
the home.

-Tax Escrow Paid Directly to Lender Estimated: Monthly property taxes times two

Most loans require borrowers to have the lender pay the property taxes on
behalf of the buyer. Unless you are putting in 10-20% downpayment, expect to
"escrow" for taxes. Lenders typically require a 2 month cushion placed into an
escrow account. Ex: $500x2=$1000

-Homeowners Insurance Escrow Paid Directly to Lender Estimated: $60-$120

Like taxes above, lenders will want to pay for your homeowners insurance when
it comes due. Most lenders will require a 2 month cushion placed into your
escrow account at closing.

-Settlement Costs- Closing Attorney, Title Insurance, Closing Company, County
Recording Fees Paid Directly to Providers Pre-Chosen by Others Estimate:
$1500-$2500

These are standard fees required to purchase a home. Refinances are much lower.
These fees are not chosen by us but rather chosen by your attorney or the
sellers attorney.

-Home Purchase Transfer Tax Stamps Estimated:

Call your city to see if buyers pay these Most common in the city of Chicago
and a few others. Not all cities or villages charge buyers a transfer stamp
tax. Usually a sellers expense. Can be expensive for buyers are charged.

**** In a home purchase transaction you may have the Seller of the Property pay
for some, most, or possibly all of the above expenses. This is called a "Seller
Paid Closing Contribution". This is highly recommended if you are short on
funds to close or currently only have your downpayment and no other funds
available.

If the Seller picks up your closing costs, any monies you pay up front other
than the home inspection (ie appraisal and homeowners insurance up front) will
be applied to your downpayment commitment.

Please call with questions

Tired of waiting for loan approvals? Worried if your home buyer will qualify?
Deal getting messed up at the bank and you want to move the file? I offer 24-48
hour full underwriting on FHA and Conventional home purchase transactions.

Think SERVICE From a committed purchase money specialist!

Industry Updates:

JULY 1st, now implemented: Fannie Mae's loan quality initiative is starting to
be implemented. 2nd underwriting signatures called for on some files prior to
funding, 2nd credit reports pulled prior to funding on all loans. CTC's may not
come until just prior to close. You may get conditions on files just days
before close. BE PREPARED.

FinReg looks to change the landscape of mortgage lending. Banks will be severly
impacted by the new regs causing delays while implementation occurs. Call me if
you need a bank alternative delivered with great service.

SAFE national mortgage act tests and background checks are now starting for
mortgage loan officers. Low credit scores, judgements, bankruptcies and other
character issues will be a factor going forward. Start working with a
responsible loan officer today!

The House has passed FHA reform legislation and MI Premiums look like they are
going up substantially (Senate to determine). Notify your homebuyers today-
dragging their feet to make an offer could get more expensive real soon!

$8,000 homebuyer tax credit extended until 2011 for Service Personnel working
overseas.  Take advantage of VA 100% financing for veterans returning from Iraq
in August. No news as of yet about the extension on todays deadline.

Please don't hesitate to call if I can help.

Gil Kerbashian
Mortgage Lending Since 1997
Gil's Loan Pre-Approval and Funding Hotline: (847) 873-7295
Northwest Mortgage Services, Inc
7808 Virginia Road, Crystal Lake Il

2010 FHA Condominium Guideline Revisions and Updates

CONDOMINIUM PROJECT APPROVAL

I. Approval Processing Options

A. Lenders will have two condominium project approval processing options. The applicable documentation requirements will be the same for each option:

1. HUD Review and Approval Process (HRAP).

2. Direct Endorsement Lender Review and Approval Process (DELRAP), outlined in this Mortgagee Letter. This option is only available to lenders who have unconditional Direct Endorsement authority and staff with knowledge and expertise in reviewing and approving condominium projects.

Under DELRAP, lenders must provide the condominium approval or denial documents to FHA within five (5) business days of final disposition. These documents must be uploaded using pdf format through FHA Connection. 2

B. The processing options stated above will be applicable to condominium developments that are:

1. Proposed or Under Construction;

2. Existing Construction; or

3. Conversions.

C. Lenders who are eligible to and do process condominium approvals under DELRAP may exercise the option, at their discretion, to submit a condominium project for approval under the HRAP.  

II. Eligible Projects

The Condominium Project has been declared and exists in full compliance with applicable State law requirements of the jurisdiction in which the condominium project is located, and with all other applicable laws and regulations.

III. Ineligible Projects

A. Condominium Hotel or "Condotels"

B. Timeshares or segmented ownership projects

C. Houseboat projects

D. Multi-dwelling unit condominiums [
i.e. more than one dwelling per condominium unit]

E. All projects not deemed to be used primarily as residential

F. Those that do not meet prescribed minimum standards

IV. General Requirements

A. Site Condominiums (effective June 12, 2009)

Condominium project approval is
not required for Site Condominiums. Site Condominiums are defined as single family totally detached dwellings (no shared garages or any other attached buildings) encumbered by a declaration of condominium covenants or condominium form of ownership. Site Condominiums that do not meet this definition will require project approval. See Loan Approval section for processing and documentation requirements for unit financing of Site Condominiums. • Manufactured Housing Condominium Projects (MHCPs) may not be treated as Site Condominiums; these projects require approval under HRAP.

• Modular homes are processed as single family homes for insurance purposes and are eligible to be treated as Site Condominiums as long as they meet the stated definition for site condominiums.

B. Environmental Review Requirements

If a lender elects to use the HRAP option, then environmental reviews will not be required for projects that, at the time that condominium project approval is requested, have progressed beyond a stage of construction where HUD has any influence over the remaining uncompleted construction. This occurs when:

• a condominium plat or similar development plan and any phases delineated therein have been reviewed and approved by the local jurisdiction and, if applicable, recorded in the land records,
and the construction of the project’s infrastructure (streets, stormwater management, water and sewage systems, utilities), and facilities (e.g., parking lots, community building, swimming pools, golf course, playground, etc.) and buildings containing the condominium units has proceeded to a point that precludes any major changes.

Environmental reviews will not be required for condominium projects approved using the DELRAP option. If the appraiser identifies an environmental condition or the lender is aware of an existing environmental condition through remarks provided on the Builder’s Certification, Form HUD-92541, the appraisal or other known documentation, the lender must avoid or determine that there are mitigants to address the following conditions before completing its review process:

1. The project is located in a Special Flood Hazard Area designated on a Federal Emergency Management Agency flood map.

2. Potential noise issues, where the property is located within 1000 feet of a highway, freeway, or heavily traveled road, within 3000 feet of a railroad, or within one mile of an airport or five miles of a military airfield.

3. The property has an unobstructed view, or is located within 2000 feet, of any facility handling or storing explosive or fire-prone materials.

4. The property is located within 3000 feet of a dump or landfill, or of a site on an EPA Superfund (NPL) list or equivalent state list, or a Phase I Environmental Site Assessment indicates the presence of a Recognized Environmental Condition or recommends further (Phase II) assessment for the presence of contaminants that could affect the site.

5. The property has any hazards or adverse conditions listed in Section 1.f. of the Builder’s Certification, including, but not limited to, high ground water levels, unstable soils, or earth fill.

6. The project is located in a wetland designated on National Wetlands Inventory maps or designated by State or local authorities.

7. The project is on the National Register of Historic Places or is within a historic district listed on the Register.

8. The appraiser or DE lender is aware of any other condition that could adversely affect the health or safety of the residents of the project.

V. Project Eligibility Requirements

The following requirements apply to all Condominium Project approvals:

1. Minimum number of units: Projects must consist of two or more units.

2. Insurance Coverage: Projects must be covered by hazard and liability insurance and, when applicable, flood and fidelity insurance (See Section VI, Insurance Requirements).

3. Right of First Refusal: Right of first refusal is permitted unless it violates discriminatory conduct under the Fair Housing Act regulation at 24 CFR part100.

4. Commercial Space: No more than 25 percent of the property’s total floor area in a project can be used for commercial purposes. The commercial portion of the project must be of a nature that is homogenous with residential use, which is free of adverse conditions to the occupants of the individual condominium units.

5. Investor Ownership: No more than 10 percent of the units may be owned by one investor. This limitation also applies to developers/builders that subsequently rent vacant and unsold units. For condominium projects with ten or fewer units, no single entity may own more than one unit within the project; all units, common elements, and facilities within the project must be 100 percent complete.

6. Delinquent Home Owners Association (HOA) Dues: No more than 15 percent of the total units can be in arrears (more than 30 days past due) of their condominium association fee payments.

7. Pre-sales: At least 50 percent of the total units must be sold prior to endorsement of a mortgage on any unit. Valid presales include:

• Copies of sales agreements and evidence that a mortgagee is willing to make the loan1; • Evidence that units have closed and are occupied; OR

Information from a developer/builder that lists all of the units already sold, under contract, or closed (e.g. a spreadsheet, chart, or listing used for the company’s own tracking purposes) that is accompanied by a signed certification from the developer (Attachment F).

1 Secondary residences can only be included if it meets the requirements of 24 CFR 203.18(f)(2). 5

8. Owner-occupancy Ratios: At least 50 percent of the units of a project must be owner-occupied or sold to owners who intend to occupy the units.2 For proposed, under construction or projects still in their initial marketing phase, FHA will allow a minimum owner occupancy amount equal to 50 percent of the number of presold units (the minimum presales requirement of 50 percent still applies).

2 Units sold to owners who intend to occupy the units must follow the requirements of a valid presale.

9. Legal Phasing: Legal phasing is permitted for condominium processing. It is recommended that developers submit all known phases for initial project approval. FHA will not accept market phasing in lieu of legal phasing.

For vertical buildings, legal phasing is acceptable if:

a. The floors are legally phased in groupings of no less than five floors;

b. At least a temporary certificate of occupancy has been obtained and all common areas and amenities have been completed; AND

c. A third party completion bond has been obtained.

For purposes of calculating the owner-occupancy percentage and FHA concentration:

a. On multi-phased projects the owner-occupancy percentage is calculated on the first declared phase and cumulatively on subsequent phases if the ownership of the condominium project remains the same.

b. If multi-phasing includes separate ownership per phase, each phase is calculated individually.

c. In single-phase condominium project approval requests, all units are used in the denominator when calculating the 50 percent owner-occupancy percentage.

10.
FHA Concentration: FHA will display the concentration information for each

approved condominium development on the approved condominium listing, which

can be found on both FHA Connection and on the public website at www.hud.gov.

The concentration level will be based on case numbers assigned on units in a

project; FHA will not issue new case numbers once the 30 percent concentration

level (plus a small tolerance to accommodate for some fall-out) has been reached in

any particular development.

a. Projects consisting of three or fewer units will have no more than one unit encumbered with FHA insurance.

b. Projects consisting of four or more units will have no more than 30 percent of the total units encumbered with FHA insurance.

c. Calculation of the level of FHA concentration in a project declared with legal phases will follow the same methodology as owner-occupancy, described above.

11. Budget Review: Mortgagees must review the homeowners’ association budget (the actual budget for established projects or the projected budget for new projects) for all projects. This review must determine that the budget is adequate and:

• Includes allocations/line items to ensure sufficient funds are available to maintain and preserve all amenities and features unique to the condominium project;

• Provides for the funding of replacement reserves for capital expenditures and deferred maintenance in an account representing at least 10% of the budget; and

• Provides adequate funding for insurance coverage and deductibles (see Section VI, Insurance Requirements).

In cases where the budget documents do not meet these standards, the mortgagee may request a reserve study to assess the financial stability of the project. The reserve study cannot be more than 12 months old. When reviewing the reserve study, consideration must be given to items that have been replaced after the time that the reserve study was completed.

In lieu of the actual budget documents, mortgagees may request and rely on Fannie Mae form 1073a, Analysis of Annual Income and Expenses – Operating Budget, executed by an authorized representative of the seller/servicer, owners association, or management agent.

VI. Insurance Requirements

A. The condominium project must be covered by hazard, flood, liability and other insurance required by state or local condominium laws or acceptable to FHA as defined below:

• Hazard Insurance: The homeowners association (HOA) is required to maintain adequate "master or blanket" property insurance in an amount equal to 100% of current replacement cost of the condominium exclusive of land, foundation, excavation and other items normally excluded from coverage. If the HOA does not maintain 100% coverage, the unit owner may not obtain "gap" coverage to meet this requirement.

• HO-6 Coverage: In cases where the master policy does not include interior unit coverage, including replacement of interior improvements and betterment coverage to insure improvements that the borrower may have made to the unit, the borrower must obtain a "walls-in" coverage policy (HO-6 policy).

• Liability Insurance: The HOA is required to maintain comprehensive general liability insurance covering all of the common elements, commercial space owned and leased by the owner’s association, and public ways of the condominium project.

• Fidelity Bond/Fidelity Insurance: Fidelity Bond/Fidelity Insurance is required for new and established condominium projects with 20 or more units. The HOA must maintain this insurance for all officers, directors, and employees of the association and all other persons handling or responsible for funds administered by the association. The coverage must be no less than a sum equal to three months aggregate assessments on all units plus reserve funds.

• Flood Insurance: Insurance coverage equal to the replacement cost of the project less land costs or up to the National Flood Insurance Program (NFIP) standard of $250,000 per unit, whichever is less. In the insuring of a residential condominium building in a regular program community, the maximum limit of building coverage is $250,000 times the number of units in the building (not to exceed the building’s replacement cost). The HOA, not the borrower or individual unit owner, is responsible for obtaining and maintaining adequate flood insurance under the NFIP on buildings located in a Special Flood Hazard Area (SFHA). The flood insurance coverage must protect the interest of borrowers who hold title to an individual unit as well as the common areas of the condominium project. If the FHA Roster Appraiser reports that buildings in a condominium project are located in a SFHA the lender is responsible for ensuring that the HOA obtains and maintains adequate flood insurance on buildings located within the SFHA, per Mortgagee Letter 2009-37.

B. Determining Need for Flood Insurance

Mortgagees must determine whether the property improvements (dwelling and related structures/equipment essential to the value of the property and subject to flood damage) are located in a 100-year flood plain. If the property is in a 100-year flood plain, flood insurance is required, per Mortgagee Letter 2009-37. To demonstrate and document that the property is not located in a 100-year flood plain and not subject to flood insurance requirements, the mortgagee must obtain:

• A final Letter of Map Amendment (LOMA) or

• A final Letter of Map Revision (LOMR)

VII. Manufactured Housing Condominium Projects (MHCP)

(effective June 12, 2009)

Pursuant to HERA, manufactured housing condominium projects are now eligible for FHA mortgage insurance. All outstanding and current FHA Manufactured Housing individual unit requirements remain applicable for both Home Equity Conversion Mortgages (HECM) and forward mortgages, including elevations in flood zones and foundation requirements. MHCPs must be submitted to the applicable Homeownership Center (HOC) for review and approval (HRAP). MHCPs are ineligible for DELRAP processing and may not be processed as site condominiums.

See Loan Approval section for appraisal reporting requirements. 8

VIII. Condominium Conversions

Conversion to condominiums occurs in those projects which involve changing the title of an existing structure generally under one title, to property that is separated into units so that the title to most units can be held separately. Changes to condominium conversion requirements are defined below:

1. The one-year waiting period requirement for conversions is eliminated;

2. In the event that FHA is insuring a mortgage on a unit and an undivided interest in the common elements on a project undergoing remodeling or rehabilitation, the entire condominium project, including the common facilities, must be 100 percent completely built before any mortgage may be endorsed. Escrow provisions will be permitted for weather related delays for common areas only.

3. Conversions of properties from non-residential or from rental, whether tenant- occupied or vacant, will be treated as new construction.

IX. Condominium New Construction Pre-approval and Inspection Requirements

This Mortgagee Letter now permits condominium processing consistent with guidance described in Mortgagee Letter 2001-27.

A. In cases where a building permit and a certificate of occupancy (or its equivalent) are issued by a local jurisdiction that performs a minimum of three inspections (typically the footing, framing and final) neither an Early Start Letter nor a HUD approved ten-year warranty plan is required. For those jurisdictions that do not issue a building permit (or its equivalent) prior to construction and a Certificate of Occupancy (or its equivalent) upon completion of construction, a condominium unit that is one year old or less must have either an Early Start Letter (with a minimum of three inspections by an FHA Roster Inspector) or be covered by a HUD-approved ten-year warranty plan (with a final inspection by a FHA Roster Inspector) to be eligible for high-ratio mortgage insurance. Projects are still required to be on the FHA-approved condominium list.

B. FHA will require the completion and retention of the following documents when processing new construction condominium project approvals:

• Builder’s Certification of Plans, Specifications and Site, form HUD-92541

• Builder’s Warranty, form HUD-92544

• Building Permit (or its equivalent)

• Final Certificate of Occupancy (or its equivalent)

C. FHA will accept a temporary/conditional Certificate of Occupancy for new construction and conversions that require substantial rehabilitation under the following circumstances:

• All common areas and amenities for the project must be completed.

• The temporary/conditional Certificate of Occupancy that was issued clearly indicates that the unit is habitable and eligible for immediate occupancy.

• The jurisdiction that is issuing the temporary/conditional Certificates of Occupancy has in place a standard protocol whereby permanent certificates are issued and maintained.

X. General Processing Steps for DELRAP or HRAP

A. Determine acceptability of the site and location of the project. Refer to Attachment A, Condominium Project Approval Matrix for the list of documents that the project review package must contain.

B. Review the project’s financial and legal documents; if acceptable, authorized personnel will sign and date the Lender Certification of Condominium Requirements (Attachment B).

• While FHA expects lenders to submit recorded documents with the condominium project approval package, unrecorded properly executed documents are acceptable in the initial request for project approval.

• If unrecorded documents are utilized, no loan can be
insured in the project until the recorded documents have been received and the applicable approval data updated.

• Unrecorded documents for conversions will be acceptable if the conversion was a non-occupied rental building (i.e., warehouse or vacant building converted to a condominium regime) that meets all applicable requirements.

• Whenever unrecorded documents are submitted, the lender (for HRAP), DELRAP lender or builder/developer must provide a certification with the final recorded documents and description of any changes from original unrecorded documents.

C. Determine the project’s budget is adequate or meets the alternative standards in Project Approval Section, V, 11.

D. Retain and maintain all documents used to review and approve the project for a period of three years from the date of project approval.

E. If a project is listed as Rejected or Withdrawn on the FHA-approved condominium list, the project will not be eligible for reconsideration unless the request meets the following:

• Project was rejected or withdrawn < 12 months: new/additional information may be submitted to HUD for reconsideration only under HRAP processing based on the rejection or withdrawal date;

• Project was rejected or withdrawn > 12 months: new/additional information may be submitted to HUD for processing under HRAP or may be considered by the lender (and ultimately transmitted to HUD) in the case of projects undergoing DELRAP review.

NOTE: If a project is no longer approved or does not meet approval criteria, then only a FHA-to-FHA streamline refinance without an appraisal is allowed. 10

F. Second and subsequent lenders that submit a unit for insurance in a project that is listed on the FHA-approved condominium list are not required to complete any further approval process. However, as part of loan-level review, FHA will require the lender to certify (Attachment C) it has no knowledge of circumstances or conditions that might have an adverse effect on the project or cause a mortgage secured by a unit in the project to become delinquent. FHA will also require the lender to certify (Attachment C) that it has reviewed and verified the condominium project’s continued compliance with the initial approval requirements regarding investor ownership, percentage of owners in arrears for condominium association fees, owner-occupancy rate and FHA loan concentration rate, and the lender certifies (Attachment C) that the condominium project continues to comply with FHA requirements.

G. Subsequent phases being approved by a different lender must follow the general procedures listed under this Section of the ML. The original lender must also follow these general procedures but will have already satisfied some of the steps listed.

H. All required certifications, as applicable, must be included in the FHA case binder submitted for insurance endorsement.

I. For both new construction and conversions the developer should complete form HUD-92541, Builder’s Certification of Plans, Specification and Site. If the developer/builder intends to market five or more units within the next 12 months with FHA mortgage insurance and block 11"a, b, c, or d" is not checked, the developer/builder is required to complete Form HUD-935.2C, Affirmative Fair Housing Marketing Plan – Condominium or Cooperatives. This completed form must be submitted to the Director of the Processing and Underwriting Division in the jurisdictional HOC for approval (prior to project approval).

J. Environmental reviews will be required only for proposed and under construction project approvals submitted under the HRAP option consistent with the Environmental Review Requirements listed in Project Approval section, numeral IV, B. Environmental review is not required under DELRAP, but the lender
must take necessary actions to avoid or determine that there are mitigants to addressing identified environmental conditions prior to completing its project review.

K. Transfer of control of the Homeowners Association shall pass to the unit owners within the project no later than the latest of the following:

1. 120 days after the date by which 75 percent of the units have been conveyed to the unit purchasers;

2. Three years after completion of the project evidenced by the first conveyance to a unit purchaser; OR

3. The time frame established under state or local condominium laws if specific provisions regarding transfer of control exist.

11

XI. Certification for Initial Project Approval

A. Lender Certification

Lenders must provide certifications on company letterhead signed by a company authorized representative (signature stamps or electronic signatures are not authorized) that:

1. The eligible condominium project complies with applicable FHA requirements addressed within this ML;

2. All condominium legal documents meet HUD regulations, state and local condominium laws; and

3. Pre-sale, owner occupancy and FHA concentration ratios are met.

B. Developer Certification

The developer/builder must provide a certification (Attachment E) on company letterhead signed and dated by an authorized representative of the developer/builder (signature stamps or electronic signatures are not authorized) which states that:

1. The eligible condominium project complies with all applicable FHA requirements addressed in this ML; and

2. All condominium documents meet all HUD requirements, and state and local requirements.

NOTE: FHA will not require an attorney's certification. However, lenders and developers/builders may obtain this as part of their own due diligence process. Lenders as well as developers/builders are reminded that this document will not replace other required condominium certifications they are required to execute (e.g., Applicable Appendices B, C, E and F of this Mortgagee Letter).

XII. Recertification of Project Approvals

Condominium Project approvals will expire two years from the date of placement on the list of approved condominiums. Further participation in the program after this two-year period has expired will require recertification to determine that the project is still in compliance with HUD’s owner-occupancy requirement and that no conditions currently exist which would present an unacceptable risk to FHA. Items that must be given consideration are:

1. Pending special assessments,

2. Pending legal action against the condominium association, or its officers or directors, and

3. Adequate hazard, liability insurance, and when applicable, flood insurance coverage.

12

LOAN APPROVAL

I. Mortgage Insurance for Individual Unit Financing

All applicable, outstanding and any additional FHA mortgage insurance requirements not defined in this ML must be satisfied for individual units.

II. Recordation of Documents

If unrecorded documents were submitted along with other required documentation for initial project approval, no loan can be insured in the project until the recorded documents are received and the applicable approval data updated.

III. Insurance Requirements

 

A. Hazard Insurance

For forward mortgages, in cases where the master policy does not include interior unit coverage, including replacement of interior improvements and betterment coverage to insure improvements that the borrower may have made to the unit, the borrower must obtain a "walls-in" coverage policy (HO-6 policy).

For Home Equity Conversion Mortgages (reverse mortgages), the borrower must obtain and maintain hazard insurance equal to the value of insurable property improvements, per Handbook 4235, REV 1, Chapter 6.

B. Flood Insurance

For both forward and reverse mortgages, lenders must ensure that the Homeowners Association (HOA), not the individual owner, obtains and maintains adequate flood insurance under the National Flood Insurance Program on buildings located within a Special Flood Hazard Area. The insurance coverage must protect the interest of borrowers who hold title to an individual unit as well as the common areas. See Section VI, Insurance Requirements.

IV. Certifications

If a project has been previously approved, the lender must certify that it has reviewed and verified the condominium project’s continued compliance with the initial approval requirements regarding investor ownership, percentage of owners in arrears for condominium association fees, owner-occupancy rate and FHA loan concentration rate, and the Lender certifies that the condominium project continues to comply with FHA requirements. 13

V. FHA-to-FHA Transactions

Project Approval is not required for:

a. FHA-to-FHA streamline refinance transactions or

b. FHA/HUD Real Estate Owned (REO).

 

VI. Site Condominiums

Although processed as Section 203(b) loans, the applicable ADP codes for Site Condominiums are 731 (Adjustable Rate Mortgages) and 734.

Appraisal data is collected and reported on Fannie Mae form 1004, in accordance with the Valuation Protocols, Appendix D of HUD Handbook 4150.2.

The Condominium Rider (Attachment D) must be included in the FHA case binder submitted for insurance endorsement.

VII. Manufactured Housing Condominium

The appraisal reporting requirements for condominium manufactured homes are:

1. Appraisal must be reported on the Manufactured Home Appraisal Report (Fannie Mae Form 1004C).

2. Subject condominium project must be inspected and the Project Information section of the Individual Condominium Unit Appraisal Report (Fannie Mae Form 1073) must be completed and included as an addendum to the appraisal report.

3. Comparable sales must be condominium manufactured homes. Detailed explanations must be provided when search parameters are expanded due to the lack of comparable sales in subject market area.

 

VIII. "Spot Loan" Approval Process

The Spot Loan Approval Process as defined in Mortgage Letter 1996-41 is eliminated. The DELRAP and HRAP have been streamlined to allow for uncomplicated condominium project approvals eliminating the need to approve units on a "spot loan" basis. 14

LIABILITIES AND MONITORING

I. Mortgagee Liability

Mortgagees who issue condominium project approvals using the DELRAP process are responsible for material deficiencies associated with the project approval and any loan they originate and/or underwrite using the applicable project approval.

Mortgagees who rely upon a condominium project approval issued by another mortgagee are responsible for the loan level certification (Attachment C). With this certification, the lender is confirming that the company has no knowledge of circumstances or conditions that might have an adverse effect on the project or cause a mortgage secured by a unit in the project to become delinquent. The lender is also certifying that it has reviewed and verified the condominium project’s continued compliance with the initial approval requirements regarding investor ownership, percentage of owners in arrears for condominium association fees, owner-occupancy rate and FHA loan concentration rate, and it certifies that the condominium project continues to comply with FHA requirements.

II. Quality Assurance

Monitoring the condominium approval process is critical to the success of the program. Lenders who approve condominium projects utilizing the DELRAP option will be required to submit a copy of the complete condominium project approval package to the applicable Homeownership Center within five (5) business days of approval. Lenders are required to submit the first five DELRAP approvals for review. Further, to manage FHA’s risk, and ensure compliance with all condominium project policy requirements, additional condominium project approvals will be selected for review. The criteria for selection of the additional approvals will be determined and lenders will be notified in future guidance.

III. False Certifications

Title 18 U.S.C. 1014, provides in part that whoever knowingly and willfully makes or uses a document containing any false, fictitious, or fraudulent statement or entry, in any matter in the jurisdiction of any department or agency of the United States, shall be fined not more than $1,000,000 or imprisoned for not more than 30 years or both. In addition, violation of this or others may result in debarment and civil liability for damages suffered by the Department. 15

TRANSITION STRATEGY

FHA will move all currently approved condominium projects to the new approval list and FHA Connection database. The following requirements are applicable based on the date of the initial project approval. Additional guidance on new data entry requirements will be issued in a separate ML.

• Projects that received approval prior to October 1, 2008, will require recertification on or before December 7, 2010.

 

• Projects that received approval between October 1, 2008 through December 7, 2009, will follow the recertification requirements defined in the Project Approval Section, XIII.

Recertification of approved condominium projects may be processed by HUD using HRAP or by a mortgagee under DELRAP. The DELRAP option is only available to lenders who have unconditional Direct Endorsement authority and staff with knowledge and expertise in reviewing and approving condominium projects.

If you have questions regarding this Mortgagee Letter, please call the FHA’s Resource Center at 1-800-CALL-FHA (1-800-225-5342). Persons with hearing or speech impairments may access this number via TDD/TTY by calling 1-877-TDD-2HUD (1-877-833-2483).

Sincerely,

David H. Stevens

Assistant Secretary for Housing-

Federal Housing Commissioner

Attachments 16

Attachment A

Condominium Project Approval Matrix

Proposed/UC

Existing

Conversion

1

All Condominium Legal Documents

x

x

x

a

Recorded Plat Map indicating Legal Description

x

x

x

b

Recorded Covenants, Conditions and Restrictions (CC&R’s)

x

x

x

c

Signed and Adopted Bylaws

x

x

x

d

Articles of Incorporation filed with th

Freddie Mac Important Internet Links

Freddie Mac Email Subscriptions

http://www.freddiemac.com/news/alerts/newscenteremail.html

Choose the Freddie Mac Bulletins, Announcements

and Publications you would like to receive notifications

of via email

Freddie Mac Forms & Guide Access

http://www.freddiemac.com/sell/guide/

Access Freddie’s Single Family Selling & Servicing

Guides as well as forms

Freddie Mac Learning Center

http://www.freddiemac.com/learn/

This website includes links to Quick Reference

Summary Charts on LP, Condominiums, Residency

and Citizenship, Various products, LTV/CLTV/HLTVs,

Refinances, New Construction, Income/Assets,

Collateral., Credit, and Super Conforming- just to name

a few!

Single Family Mortgage Products Page

http://www.freddiemac.com/singlefamily/mortgages/

This website includes links to Product Summaries,

Overviews, Marketing Materials, Affordable Income &

Property Eligibility Lookup Tool, FAQs, Links to live

product training opportunities and much more!

Training Events Page

http://www.freddiemac.com/learn/edu/train/

This page provides links to Live and Web Training

Events on LP, Underwriting, Product, Selling, Servicing

and Delivery-Related topics.

Loan Prospector Main Page

http://www.loanprospector.com/

This is the home page for all things LP! Features,

Benefits, documentation requirements, products, credit

report vendors, LOS vendors, news & highlights, best

practices, as well as login access to LP itself!

Loan Prospector Functionality Page

http://www.freddiemac.com/learn/uw/

This page provides resources and training associated

with documentation and underwriting-related topics

Loan Prospector Helpful Tips & Best Practices

http://www.loanprospector.com/getthemost/bp.html

This page provides links to guides that are very

detailed and well-written for originators, processors,

underwriters and quality control functions within an

organization. These are great reads for everyone!

Loan Prospector Training Page

http://www.loanprospector.com/learn/index.html

This page provides links to recorded training sessions

divided out by topic and category. These short

sessions are excellent educational resources that new

and even experienced LP users can benefit from!

Fraud & Quality Control

http://www.freddiemac.com/learn/uw/qc.html

This page provides links to Quick References

regarding predatory lending, property flips, appraisal

underwriting, documenting citizenship and residency,

rental income, standard income, Freddie’s

Exclusionary List, and standard quality control best

practices

Freddie Mac Homebuyer/Homeownership Page

http://www.freddiemac.com/corporate/buying_and_owning.html

This page includes various resources, tools and

information for both homebuyers and homeowners

Freddie Mac Loan Look-Up

https://ww3.freddiemac.com/corporate/

Determine if Freddie Mac currently services your own

or your borrower’s existing mortgage

Freddie Mac Marketing Kits & Materials

http://www.freddiemac.com/singlefamily/kits.html

Freddie offers excellent marketing materials in the form

of fillable flyers, mailers, post cards, door hangers,

brochures, and stuffers and some are even offered in

languages in addition to English! These are some of

the most professional-looking materials out there! Very

easy to sign up for access and easy to use!

Loan Program Changes

Changes phasing in or already here without much fanfare:

Debt to Income Ratio:
  Many FHA lenders will soon be or have started in the last few weeks introducing their own maximum debt to income ratios limits. This DTI limit resembles the same one Fannie/Freddie implemented in December. Please double check your buyer pre-approvals.
Where once it was ok to have a borrower with a max total debt to income ratio of 55-60%. Some lenders have compressed that number to as low as 45%. Some of the seasoned Realtors will remember the 28/36 ratio limits of the 90's. 45 is still more tolerant than the old 36. 
FHA lenders were relying on findings from their "FHA Total Score Card" system to determine what a specific borrowers maximum approvable debt to income ratio is after running the borrowers credit data through the FHA automated system (aka FHA Total Score Card)- this is no longer the standard. Many lenders have now created their own guidelines (FHA overlays) and are disregarding what FHA tolerates, resulting in lender specific tighter tolerances.
The impetus for the above change may be stemming from an important date in April 2010. HUD will soon be requiring all HUD/FHA approved lenders to maintain an increased minimum "net worth". It is estimated that 60% of the HUD approved lenders across the country can't meet the new net worth test. Other lenders that are on the fringe may be tightening their guidelines to reduce loan buybacks in order to maintain their net worth capacity so that they can pass the test.
Many of the lenders that have reduced their max DTI tolerance haven't promoted their specific change in fear that notification would drive business away to lenders with higher tolerances. Be mindful of debt to income ratios when receiving pre-approval letters.
See my blog at www.gilkerk.realestateloans.com to learn more about Debt to Income Ratio's. 

FHA HVCC: Feb 15. Appraisals for all FHA case numbers assigned to a property transaction on or after this day will require the appraisal to be ordered through an Appraisal Management Company (AMC). Same as conventional loans, FHA will require a neutral third party to "manage" the appraisal order process.

PURCHASE TAX INCENTIVE TIMELINE WARNING: April 30th is the last day for inked contracts. If you now have buyers/borrowers that are still waiting to make an offer, please let them know that they are shooting themselves in the foot. As the deadline nears, underwriting turn times will slow down substantially. If your buyers property shows an appraisal or inspection concern in the last few weeks of April, what time does it give you or the home buyer to correct the deficiency or start looking for another property? DON'T PROCRASTINATE!
CONDO COMPLEXES: The new FHA guidelines on condos has been revised and is now being implemented. Please pay close attention to one of the provisions - the new 15% rule. No more than 15% of the unit owners in a complex can be delinquent with their association dues. In this foreclosure and shortsale environment, you will want to ask the association delinquency question of the listing agent or association manager prior to paying for a property inspection or appraisal.

IHDA: Down payment assistance program seminar at McHenry County Association of Realtors open to all. Feb 24th 10am. Call now to reserve your seat. Seating is limited. MCHCAR: 815.893.5100
Please call me at (847) 873-7295 to discuss nuances with the above information. Here to help you get homes financed. 

Understand Home Buyer Closing Costs

Understanding Home Buyer Closing Costs:

Processing Fee Estimate: $350
This fee is charged by us to pre-approve, pre-underwrite and make sure the home buyers loan fits program guidelines prior to us submitting the loan to an underwriting unit for full approval. We will review all documents, submit the package, insure compliance, attend closing and maintain support all the way to closing. Fee paid directly to us at closing. This fee also includes credit reports, approval certificates and document gathering expenses.

Discount Points to Buydown Rate:
Normally not charged unless a buyer requests or needs to buydown an interest rate in order to qualify for the loan.

Appraisal Fee Paid to Independent Appraisal Company Estimate: $275-$450 Upfront Cost

This fee is paid directly to an independent appraiser to determine the maket value of the property. The appraiser is chosen by a neutral third party and you must pay this fee at the start of the loan process once a property is determined.

Underwriting Fee Paid to Independent Undewriting Unit Estimate: $600-$800

This fee is paid by the home buyer directly to the loan underwriting entity at loan closing. Once we have pre-underwritten the loan and we have determined the best lender able to actually fund the loan, we submit it to them for review, approval, legal documents and funding.

Homeowners Insurance Paid to Your Insurance Company Estimate: $300-$600 Upfront Cost
The home buyer will contact their personal insurance provider two weeks prior to the closing date to determine the cost of a homeowners insurance policy. This will be paid in advance of closing directly by the home buyer to the company they have picked. A one year policy must be paid for in advance of closing. If the property is in a flood zone, the home buyer will also be required to get flood insurance also.

Mortgage Interest Payment at Closing Estimate: Depends on closing date.
Depending on the day of close, the home buyer will pay for the days of homeownership from the day of closing to the last day of the month. Example: if we close on the 15th of the month home buyer will pay from the 15th to the last day of the month for each day they own the home.
 
Tax Escrow Paid Directly to Lender Estimated: Monthly property taxes times two. Most loans require borrowers to have the lender pay the property taxes on behalf of the buyer. Unless the home buyers are putting in 10-20% downpayment, expect to "escrow" for taxes. Lenders typically require a 2 month cushion placed into an escrow account. Ex: $500x2=$1000

Homeowners Insurance Escrow Paid Directly to Lender Estimated: $60-$120
Like taxes above, lenders will want to pay for the homeowners insurance when it comes due. Most lenders will require a 2 month cushion placed into the escrow account at closing.
 
Settlement Costs- Closing Attorney, Title Insurance, Closing Company, County Recording
Fees Paid Directly to Providers Pre-Chosen by Others Estimate: $1500-$2500
These are standard fees required to purchase a home. Refinances are much lower. These fees are not chosen by us but rather chosen by the sellers attorney.

Home Purchase Transfer Tax Stamps Estimated: Call the city to see if buyers pay these
Most common in the city of Chicago and a few others. Not all cities or villages charge buyers a transfer stamp tax. Usually a sellers expense. Can be expensive for buyers if they are charged.

**** In a home purchase transaction the home buyer may have the Seller of the Property pay for some, most, or possibly all of the above expenses. This is called a "Seller Paid Closing Contribution". This is highly recommended if the home buyer is short on funds to close or currently only has the downpayment and no other funds available. Seller can pay up to 3% of the purchase price towards closing costs.

If the Seller picks up yclosing costs, any monies paid up front other than the home inspection (appraisal and homeowners insurance up front) will be applied to the downpayment commitment.
Please call me at (847) 873-7295 to discuss nuances. Here to help you get homes financed.

FHA FAQ's

FAQ's
1 How can FHA help me buy a home?
2 How can I buy a HUD Home?
3 What is the H4H Program and how can it help borrowers avoid foreclosure?
4 How can my company obtain the co-branded marketing materials being developed by FHA?
5 How do I calculate a 203(k) or Streamline K loan to meet the new cash investment and refinance requirements?
6 How can the Making Home Affordable Program help me avoid foreclosure on my conventional loan?
7 How can the Making Home Affordable Program help me avoid foreclosure on my FHA loan?
8 Does FHA allow dug wells?
9 Is it true that FHA no longer accepts applications from state- licensed appraisers and I must upgrade to state-certified general or residential to qualify for placement on the FHA Appraiser Roster?
10 Why are licensed appraisers not grandfathered to stay on the appraiser roster?
11 Can you tell me when more HERA information will be available for licensed roster appraisers?
12 Must I upgrade to certified general or residential to be placed on the FHA appraiser roster?
13 What if the appraiser roster system does not recognize the user ID that was provided to me?
14 How can I reset my appraiser roster password?
15 How can I resolve a sanctions issue and become eligible for placement on the FHA appraiser roster?
16 How can I get help applying or maintaining my appraiser listing on the FHA roster?
17 Can you tell me how the HERA law effects licensed appraisers on the FHA roster?
18 How do I become a state-certified appraiser?
19 Can I perform appraisals in one state if I am sanctioned in another?
20 How can I become an active appraiser if I allowed my status to lapse?

FHA Foreclosures Rising

Rising FHA default rate foreshadows a crush of foreclosures

David H. Stevens
David H. Stevens (Andrew Harrer - Bloomberg)

Washington Post Staff Writer
Tuesday, February 2, 2010

 

The share of borrowers who are falling seriously behind on loans backed by the Federal Housing Administration jumped by more than a third in the past year, foreshadowing a crush of foreclosures that could further buffet an agency vital to the housing market's recovery.

About 9.1 percent of FHA borrowers had missed at least three payments as of December, up from 6.5 percent a year ago, the agency's figures show.

Although the FHA's default rate has been climbing for months and eating into the agency's cash, the latest figures show that the FHA's woes are getting worse even as the housing market shows signs of improvement. The problems are rooted in FHA mortgages made in 2007 and 2008. Those loans are now maturing into their worst years because failures most often occur two to three years after a mortgage is made.

If the trend continues and the FHA's cash reserves are exhausted, the federal government would automatically use taxpayer money to cover the losses -- a first for the agency, which has always used the fees it charges borrowers to pay for its losses.

As these loans from 2007 and 2008 go bad and clear off of the FHA's books, agency officials said, losses are expected to taper off, aided by the housing market's anticipated recovery and an influx of more creditworthy borrowers, who have flocked to the FHA's home-buying program in the past year.

Agency officials said they have cracked down on poorly performing lenders and announced higher qualifying fees for borrowers. On Monday, the agency projected that the fees should generate $5.8 billion in fiscal 2011, up from $2 billion this year. That would fatten the FHA's cash cushion, used to cover unexpected losses.

FHA HUD Links

www.hud.gov - HUD Home Page

www.fha.gov - FHA Home Page

http://www.hud.gov/offices/hsg/sfh/ref/hsgregst.cfm - Subscribe to HUD’s Single Family Mailing List

http://hud.gov/offices/hsg/sfh/events/events.cfm - HUD Single Family Events & Training Page

http://hud.gov/offices/hsg/sfh/talk/parc/phiarch.cfm - Phili HOC Recorded Webinar Archives

http://www.hud.gov/groups/lenders.cfm - HUD Lenders Page **NEW**

http://www.hud.gov/offices/hsg/sfh/lender/mtgeekit.cfm - Title II Mortgagee Starter Kit of HUD Handbooks

http://www.disasterhousing.gov/offices/adm/hudclips/handbooks/hsgh/ - Complete List of Handbooks

http://www.fhaoutreach.gov/FHAHandbook/prod/contents.asp?address=4155-2 - Link to Home Page for new 4155.1 and 4155.2 Searchable Handbooks

http://www.hud.gov/offices/hsg/sfh/ref/hsgrcont.cfm - HUD/FHA HOC Reference Guide

http://www.hud.gov/offices/hsg/sfh/faqs/faqsmenu.cfm - HUD/FHA FAQ by Category

http://www.hud.gov/faqs/faqbuying.cfm - HUD Common Questions Page

http://www.nls.gov/offices/adm/hudclips/letters/mortgagee/ - HUD Mortgagee Letters

https://entp.hud.gov/idapp/html/hicostlook.cfm - FHA Mortgage Limits Search

https://entp.hud.gov/idapp/html/condlook.cfm - FHA Condominium Search

https://entp.hud.gov/idapp/html/apprlook.cfm - FHA Appraiser Roster Search

http://www.hud.gov/groups/appraisers.cfm - FHA Roster Appraiser Home Page

http://www.hud.gov/offices/hsg/sfh/reo/reohome.cfm - HUD REO Home Page

http://www.hud.gov/offices/hsg/sfh/owning.cfm - HUD Owning a Home Consumer Info Page

http://portal.hud.gov/portal/page/portal/HUD/states - Links to State-Specific HUD Home Pages

http://www.hud.gov/library/index.cfm - HUD Online Library-Links to Various Common Topics

http://portal.hud.gov/portal/page/portal/HUD/webcasts/archives - HUD Webcast Archives-Recorded Webcasts

http://portal.hud.gov/portal/page/portal/HUD/webcasts/archives/sinfamily - HUD Single Family Housing Webcast Archives

https://entp.hud.gov/clas/index.cfm - FHA Connection

http://portal.hud.gov/portal/page/portal/HUD/program_offices/administration/hudclips/forms - HUD Forms Search

http://www.hud.gov/offices/hsg/sfh/fharesourcectr.cfm - FHA Resource Center Home Page

http://www.fhaoutreach.gov/FHAFAQ/ - FHA Resource Center Searchable FAQ

http://www5.hud.gov:63001/po/i/netlocator/ - HUD Employee Locator-Online Search Engine

http://www.hud.gov/offices/adm/dds/ - HUD Direct Distribution Center- Order Publications!

http://www.hud.gov/library/bookshelf11/hudgraphics/fheologo.cfm - Equal Housing Graphic/Logo for Printing

http://www.hud.gov/offices/hsg/sfh/sys/caivrs/caivrs.cfm - HUD CAIVRS Home Page

https://www.epls.gov/ - Excluded Parties Listing System Home Page (EPLS)

http://www.hud.gov/offices/fheo/promotingfh/928-1.pdf - Fair Housing Poster-English Version

http://www.hud.gov/offices/fheo/promotingfh/lep.cfm - Booklets HUD Materials in English and Other Languages

http://www.hud.gov/offices/hsg/sfh/buying/homebuyingguide.pdf HUD Homebuying Guide for Consumers

http://www.hud.gov/offices/hsg/sfh/buying/loanfraudfaq.pdf HUD Smart Consumer Fact Sheet

http://www.hud.gov/offices/hsg/sfh/ins/hoctenyr.pdf - HUD Approved 10 year Warranty Plans

http://www.hud.gov/assist/webpolicies.cfm - HUD Web Policies

Cash / Mattress Money is a Deal Killer

- Cash / Mattress Money is a Deal Killer-

AHEAD OF THE CURVE ARTICLE BELOW

Below is a list of my top programs that should be in every agents resource
folder:

-FHA closed on time: [http://www.realestateloans.com/fhadonewell.pdf]
[http://www.realestateloans.com/fhadonewell.pdf]
www.realestateloans.com/fhadonewell.pdf

-100% Rural Development: [http://www.realestateloans.com/usda.pdf]
[http://www.realestateloans.com/usda.pdf] www.realestateloans.com/usda.pdf

-$100 down for HUD owned homes:
[http://www.realestateloans.com/100hudhome.pdf]
[http://www.realestateloans.com/100hudhome.pdf]
www.realestateloans.com/100hudhome.pdf

-Deferred maintenance homes:
[http://www.realestateloans.com/uglyhomes.pdf]
[http://www.realestateloans.com/uglyhomes.pdf]
www.realestateloans.com/uglyhomes.pdf

-100% pre-approval to closing ratio:
[http://www.realestateloans.com/concierge.pdf]
[http://www.realestateloans.com/concierge.pdf]
www.realestateloans.com/concierge.pdf

-VA 100% financing:  [http://www.realestateloans.com/va.pdf]
www.realestateloans.com/va.pdf

-Home Buyer job protection mortgage:
[http://www.realestateloans.com/rainydays.pdf]
www.realestateloans.com/rainydays.pdf

CASH IS KILLING DEALS:

I recently had a borrower call me and state she deposited $6000 into her
bank account from an unsecured loan. Without telling the Realtor or myself
she used this money for the contract deposit. Some form of outside monies
has been interjected into four of the last ten deals I've done and the
borrowers did it after reading
[http://gilkerk.realestateloans.com/condominiums/2009/05/07/i-need-to-make-a-home-loan-application-help.html]
my home purchase introduction link which clearly states that cash and large
deposits should be avoided.

Why isn't cash allowed into a transaction? It's the borrowers money right?
Several obvious reasons: Patriot Act/Banking Laws, Drug Money, Cash
Laundering, Straw Buyer considerations, Under the Table Seller Concessions,
Realtor or Loan Office contribution, Unsecured/unreported loan, Gift from
an unacceptable source, etc..

Loan officers and Realtors should never allow or encourage customers to
deposit or use cash for ANY part of the transaction nor turn a blind eye if
they know a client is borrowing money from credit cards or personal loans.
This type of mistake will certainly cause problems and create needless
tension. Now more than ever, loan files are being looked at with a fine
tooth comb. More and more careful verifications are being done a day before
closing- be prepared and don't let your deal die for dumb reasons.

Remember, FHA case numbers follow these loans. If one underwriter declines
a loan, the disposition will follow that loan. Realtors and Loan Officers
must work closely to prevent problems from day one.

Please call me at (847) 873-7295 to discuss nuances. Here to help you get
homes financed.

Is your loan officer less responsive than you'd like? Cut yourself free
from bad service, poor communication and start enjoying incredible support
today.

Could your team use an updated presentation to get agents up-to-speed on
loan program changes? Lending is a huge part of transactional business,
consider  scheduling my lunch and learn for your team.

Gil Kerbashian

Mortgage Lending Since 1997

Gil's Loan Answer Hotline: (847) 873-7295

FANNIE MAE'S NEW DEBT TO INCOME RATIO'S

Ahead of the Curve
For Active Real Estate Marketing Professionals...
Fannie Mae has implemented the new debt to income ratio for borrowers in conventional loans: Starting December 1st or thereabouts for most lenders, conventional loan total debt to income ratio's have been brought down to 45%. Up to this point the average TDTI has averaged in the low 50's.
NOW: 45% is the guideline for borrowers that put down 20% or more. For conventional loans with less than 20% down the ratio is restricted to 41%. Please see my above article on debt to income ratios for clarification of what a DTI is.
Why is this change important to real estate professionals? You have pending offers, pre-approvals and deals in the pipeline that currently have ratios above 45%. These deal may have problems closing. Take a moment to inquire about these offers or pre-approvals and make sure the home buyers will be able to close.
Please call me at (847) 873-7295 to discuss nuances. Here to help you get homes financed. 

FHA Discount Points

Discount Points

Discount points fill the gap between interest rates and allowing the lender to make the loan at a lower rate. A lender has a choice of making a loan at 7 percent or at 7½ percent interest rate. Points allow lenders to lower rates while maintaining their profit margins. One point is equal to 1 percent of the amount of a loan. For a $150,000 mortgage loan, one point would be equal to $1,500.

The value of points can vary depending on current financial markets, lenders generally consider that it takes roughly 1 point to lower a loan's interest rate by .25 percent.

If the lender offers an option of paying points for a certain rate of interest, the borrower must consider several important factors. One of the main issues to regard is the length of time that the borrower will own the property and keep the mortgage. At some point in time during the loan, the points will have paid for themselves and begin to save the homebuyer money.

USDA Homeownership Website Links

Subscribe to receive Single Family Housing News for GUS & GRH: http://www.rdlist.sc.egov.usda.gov/listserv/mainservlet

USDA Rural Housing Home Page: http://www.rurdev.usda.gov/RHS/

Rural Development Contacts Page:
http://www.rurdev.usda.gov/RHS/Admin/contact.htm

Rural Development Regulations Page: http://www.rurdev.usda.gov/regs/

Rural Development FAQ Page: http://www.rurdev.usda.gov/rd/faqs.html

Rural Development Income & Property Eligibility Site: http://eligibility.sc.egov.usda.gov/eligibility/welcomeAction.do

Single Family Housing Guaranteed Loan Income Limits: http://www.rurdev.usda.gov/rhs/sfh/sfh%20guaranteed%20loan%20income%20limits.htm

Loan Application Package Checklist: http://www.rurdev.usda.gov/regs/an/an4470.pdf

Rural Development Regulations:
http://www.rurdev.usda.gov/regs/

Rural Housing Origination Handbook 1980-D: http://www.rurdev.usda.gov/regs/regs/pdf/1980d.pdf

GUS Lender User Guide 2008: https://usdalinc.sc.egov.usda.gov/docs/rd/sfh/gus/lender/GUSLenderUserGuide.pdf
GUS Login Page: https://pws.sc.egov.usda.gov/login/login.aspx?TYPE=33554433&REALMOID=06-f8405ea7-471f-474d-8a4e-731f76f1e536&GUID=&SMAUTHREASON=0&METHOD=GET&SMAGENTNAME=-SM-S3%2fpukYCkOnlZ%2feImVktFvcBZTmcxsBEbQyvAIf2sN6XculadBu%2f5WF4TmWxHg2x&TARGET=-SM-HTTPS%3a%2f%2fgus.sc.egov.usda.gov%2faus%2findex.jsp%3fcallingPath%3dusdalinc.sc.egov.usda.gov%2fRHShome.do

Administrative Notices for Loan Origination and Underwriting: http://www.rurdev.usda.gov/wi/programs/rhs/sfhg/handbook/originating/ans.htm
USDA Rural Development Forms Library: http://www.rurdev.usda.gov/regs/formstoc.html

Rural Development State Office/Service Center Locator:
http://www.rurdev.usda.gov/recd_map.html

USDA Live WebEx Training Schedule: https://rurdev.webex.com/mw0305l/mywebex/default.do?siteurl=rurdev&service=7

USDA LINC Training and Resource Library: https://usdalinc.sc.egov.usda.gov/USDALincTrainingResourceLib.do
Guaranteed Rural Housing Consumer Marketing Brochure: http://www.rurdev.usda.gov/RHS/sfh/GSFH_Information/Common/09_2009_Website_%20Hooray%20For%20Housing%20GRH%20Brochure.pdf

Guaranteed Rural Housing Consumer Marketing Booklet: http://www.rurdev.usda.gov/rd/pubs/pa1501.pdf

Rural Development Lender Information Page: http://www.rurdev.usda.gov/rhs/sfh/GSFH_Information/lenders.htm

Digital Rights and Copyright


Most information presented on Rural Development's website is considered public domain information. Public domain information may be freely distributed or copied, but use of appropriate byline/photo/image credits is requested. Attribution may be cited as follows: "USDA Rural Development."
Some materials on the Rural Development site are protected by copyright, trademark, or patent, and/or are provided for personal use only. Such materials are used by Rural Development with permission, and they have made every attempt to identify and clearly label them. You may need to obtain permission from the copyright, trademark or patent holder to acquire, use, reproduce or distribute these materials.

IHDA.ORG Down Payment Assistance

Two down payment assistance programs: There are two down payment assistance programs that I currently offier: IHDA and ADDI. Many of you have heard about CAHMCO which is really an extension of IHDA.
Here are the highlights to the most popular one- IHDA. As of this writing ADDI has ceased taking any more applicants due to volume. They expect to be back on line in January.
-Income limits
-$6,000 down payment assistance in the form of a second mortgage
-45 days typical to process through IHDA
-Homebuyer classes must be taken
-Additonal $300 to underwrite the second
-First time home buyers only-Veterans exempt from the first time buyer rule
-Purchase price limits are lower than current FHA limits
-Debt ratios are 31/41
-Income from everyone over 18 in the household will be counted (must provide 3 years tax returns)
-640 min fico
-Buyer must contribute 1% to the transaction
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The Story of Preditory Lending

America's Economic Collapse


Predatory Lending: A Decade of Warnings as Congress and the Fed Fiddled

May 25th 2009
Politics - Capitol Building at night

A little more than a decade ago, William Brennan foresaw the financial collapse of 2008.  As director of the Home Defense Program at the Atlanta Legal Aid Society, he watched as subprime lenders earned enormous profits making mortgages to people who clearly couldn’t afford them.

The loans were bad for borrowers — Brennan knew that. He also knew the loans were bad for the Wall Street investors buying up these shaky mortgages by the thousands. And he spoke up about his fears. “I think this house of cards may tumble some day, and it will mean great losses for the investors who own stock in those companies,” he told members of the Senate Special Committee on Aging in 1998.

It turns out that Brennan didn’t know how right he was. Not only did those loans bankrupt investors, they nearly took down the entire global banking system.

Washington was warned as long as a decade ago by bank regulators, consumer advocates, and a handful of lawmakers that these high-cost loans represented a systemic risk to the economy, yet Congress, the White House, and the Federal Reserve all dithered while the subprime disaster spread. Long forgotten

Congressional hearings and oversight reports, as well as interviews with former officials, reveal a troubling history of missed opportunities, thwarted regulations, and lack of oversight.
What’s more, most of the lending practices that led to the disaster are still entirely legal.

Growth of an Industry

Congress paved the way for the creation of the subprime lending industry in the 1980s with two obscure but significant banking laws, both sponsored by Fernand St. Germain, a fourteen-term Democratic representative from Rhode Island. Some 2.26 million people may lose their homes to foreclosure in the next two years due to subprime lending, says a recent report by the Pew Charitable Trusts.

The Depository Institutions Deregulation and Monetary Control Act of 1980 was enthusiastically endorsed by then-President Jimmy Carter. The act, passed in a time of high inflation and declining savings, made significant changes to the financial system and included a clause effectively barring states from limiting mortgage interest rates. As the subprime lending industry took off 20 years later, the act allowed lenders to charge 20, 40, even 60 percent interest on mortgages.

The other key piece of legislation was the Alternative Mortgage Transaction Parity Act, passed in 1982. The act made it possible for lenders to offer exotic mortgages, rather than the plain-vanilla 30-year, fixed-rate loan that had been offered for decades.

With the passage of the Parity Act, a slew of new mortgage products was born: adjustable-rate mortgages, mortgages with balloon payments, interest-only mortgages, and so-called option-ARM loans. In the midst of a severe recession, these new financial products were seen as innovative ways to get loans to borrowers who might not qualify for a traditional mortgage. Two decades later, in a time of free-flowing credit, the alternative mortgages became all too common.

The Parity Act also allowed federal regulators at the Office of Thrift Supervision and the Office of the Comptroller of the Currency to set guidelines for the lenders they regulate, preempting state banking laws. In the late 1990s, lenders began using the law to circumvent state bans on mortgage prepayment penalties and other consumer protections.

In the late 1980s and early 1990s, subprime loans were a relatively small portion of the overall lending market. Subprime loans carry higher interest rates and fees, and were supposed to be for people whose bad credit scores prevented them from getting a standard — or prime — loan. Consumer advocates at the time were mostly concerned about reports of predatory practices, with borrowers getting gouged by high rates and onerous fees. Congress responded in 1994 with passage of the Home Ownership and Equity Protection Act, or HOEPA.

The act, written by former Representative Joseph P. Kennedy, a Democrat from Massachusetts, created restrictions on “high-cost” loans, which were defined as having an interest rate that was more than 10 percentage points above rates for comparable Treasury securities. If points and fees totaled more than 8 percent of the loan amount, or $400, whichever was higher, the loan was also considered high cost.

High-cost loans were still legal, but contained some restrictions. Prepayment penalties and balloon payments before five years were banned or restricted. Also prohibited was negative amortization, a loan structure in which the principal actually grows over the course of the mortgage, because the monthly payments are less than the interest owed. But the bill did not include a ban on credit insurance — an expensive and often unnecessary insurance product packed into loans, creating substantial up-front costs. Nor did it ban loan flipping, in which a borrower’s loan is refinanced over and over again, stripping equity through closing costs and fees.

At the time of HOEPA’s passage, the subprime lending industry had two main elements: small, regional lenders and finance companies. The regional lenders specialized in refinancing loans, charging interest rates between 18 and 24 percent, said Kathleen Keest, a former assistant attorney general in Iowa who is now an attorney with the Center for Responsible Lending, a fair lending advocacy organization. HOEPA sought to eliminate the abusive practices of the regional lenders without limiting the lending of the finance companies — companies like Household, Beneficial, and the Associates — viewed then as the legitimate face of subprime, Keest said.

HOEPA did largely succeed in eliminating the regional lenders. But the law didn’t stop subprime lending’s rapid growth. From 1994 to 2005, the market ballooned from $35 billion to $665 billion, according to a 2006 report from the Center for Responsible Lending, using industry data. In 1998, the CRL report said, subprime mortgages were 10 percent of all mortgages. By 2006, they made up 23 percent of the market.

The loans themselves also changed during the 2000s. Adjustable-rate mortgages, which generally begin at a low fixed introductory rate and then climb to a much higher variable rate, gained market share. And over time, the underwriting criteria changed, with lenders at times making loans based solely on the borrower’s “stated income” — what the borrower said he earned. A 2007 report from Credit Suisse found that roughly 50 percent of all subprime borrowers in 2005 and 2006 — the peak of the market — provided little or no documentation of their income.

As the subprime lending industry grew, and accounts of abusive practices mounted, advocates, borrowers, lawyers, and even some lenders clamored for a legislative or regulatory response to what was emerging as a crisis. Local legal services workers saw early on that high-cost loans were creating problems for their clients, leading to waves of foreclosures in cities like Brooklyn, Philadelphia, and Atlanta.

Wall Street Changes Dynamic

Subprime loans weren’t designed to fail. But the lenders didn’t care whether they failed or not.
Unlike traditional mortgage lenders, who make their money as borrowers repay the loan, many subprime lenders made their money up front, thanks to closing costs and brokers fees that could total over $10,000. If the borrower defaulted on the loan down the line, the lender had already made thousands of dollars on the deal.

And increasingly, lenders were selling their loans to Wall Street, so they wouldn’t be left holding the deed in the event of a foreclosure. In a financial version of hot potato, they could make bad loans and just pass them along,

In 1998, the amount of subprime loans reached $150 billion, up from $20 billion just five years earlier. Wall Street had become a major player, issuing $83 billion in securities backed by subprime mortgages in 1998, up from $11 billion in 1994, according to the Department of Housing and Urban Development. By 2006, more than $1 trillion in subprime loans had been made, with $814 billion in securities issued.

Among those sounding an early alarm was Jodie Bernstein, director of the Bureau of Consumer Protection at the Federal Trade Commission from 1995 to 2001. She remembers being particularly concerned about Wall Street’s role, thinking “this is outrageous, that they’re bundling these things up and then nobody has any responsibility for them. They’re just passing them on.”

The FTC knew there were widespread problems in the subprime lending arena and had taken several high-profile enforcement actions against abusive lenders, resulting in multi-million dollar settlements. But the agency had no jurisdiction over banks or the secondary market. “I was quite outspoken about it, but I didn’t have a lot of clout,” Bernstein recalled.

Speaking before the Senate Special Committee on Aging in 1998, Bernstein noted with unease the big profits and rapid growth of the secondary mortgage market. She was asked whether the securitization and sale of subprime loans was facilitating abusive, unaffordable lending. Bernstein replied that the high profits on mortgage backed securities were leading Wall Street to tolerate questionable lending practices.
Asked what she would do if she were senator for a day and could pass any law, Bernstein said that she would make players in the secondary market — the Wall Street firms bundling and selling the subprime loans, and the investors who bought them — responsible for the predatory practices of the original lenders. That didn’t happen.

Instead, over the next six or seven years, demand from Wall Street fueled a rapid decline in underwriting standards, according to Keest of the Center for Responsible Lending. Once the credit-worthy borrowers were tapped out, she said, lenders began making loans with little or no documentation of borrowers’ income.

“If you’ve got your choice between a good loan and a bad loan, you’re going to make the good loan,” Keest said. “But if you’ve got your choice between a bad loan and no loan, you’re going to make the bad loan.”

If the loan was bad, it didn’t matter — the loans were being passed along to Wall Street, and at any rate, the securitization process spread the risk around. Or so investors thought.

Signs of a Bigger Problem

Even as subprime lending took off, the trend in Congress was to approach any issues with the new mortgages as simple fraud rather than a larger risk to the banking industry.

“In the late 1990s, the problem was looked at exclusively in the context of borrower or consumer fraud, not systemic danger,” recalls former Representative Jim Leach, a Republican from Iowa. Leach served as chair of the House Banking and Financial Services Committee from 1995 through 2000.

Some on Capitol Hill tried to address the problems in the subprime market. In 1998, Democratic Senator **** Durbin of Illinois tried to strengthen protections for borrowers with high cost loans. Durbin introduced an amendment to a major consumer bankruptcy bill that would have kept lenders who violated HOEPA from collecting on mortgage loans to bankrupt borrowers.

The amendment survived until House and Senate Republicans met to hammer out the final version of the legislation, under the leadership of Senator Charles Grassley, the Iowa Republican who was the principal Senate sponsor of the bankruptcy bill. The predatory lending clause, along with other consumer protections, disappeared. (Staffers for Sen. Grassley at the time say they don’t remember the amendment.) Faced with opposition from Durbin as well as President Clinton, the new version of the bill was never brought to a vote.

More calls for action surfaced in 1999, when the General Accounting Office (now the Government Accountability Office) issued a report calling on the Federal Reserve to step up its fair lending oversight. Consumer groups, meanwhile, were raising concerns that mortgage companies owned by mainstream banks — so-called non-bank mortgage subsidiaries — were making abusive subprime loans, but these subsidiaries were not subject to oversight by the Federal Reserve. In fact, the Federal Reserve in 1998 had formally adopted a policy of not conducting compliance examinations of non-bank subsidiaries. The GAO report recommended that the Federal Reserve reverse course and monitor the subsidiaries’ lending activity.

The Fed disagreed, saying that since mortgage companies not affiliated with banks were not subject to examinations by the Federal Reserve, examinations of subsidiaries would “raise questions about ‘evenhandedness.’” According to GAO, the Federal Reserve Board of Governors also said that “routine examinations of the nonbank subsidiaries would be costly.”

In 2000, Congress revisited the subprime issue. Again, the concern was more about predatory lending practices than systemic risk. But, as in 1998, there were warnings about larger problems.

Ellen Seidman, director of the Office of Thrift Supervision, testified that predatory lending was an issue of serious concern to the OTS in part because it raised major safety and soundness concerns for banks. Seidman, speaking before the House Banking and Financial Services Committee in May 2000, said investors needed more education about mortgage-backed securities, because “predatory loans are not good business, not simply because they are unethical, but because they can damage reputations and hurt stock prices.”

Cathy Lesser Mansfield, a law professor at Drake University, presented the House committee with specific and alarming data on the interest rates and foreclosure rates of subprime loans nationwide. “Probably the scariest data for me personally,” Mansfield testified, “was a single pool foreclosure rate.” Mansfield had looked at the foreclosure rate for one pool of loans that had been bundled and sold on Wall Street. About a year and a half after the pool was created, almost 28 percent of the loans were in delinquency or foreclosure, she said.

“That means in that single pool, if that is symbolic for the industry, that means there might be a one in four chance of a borrower losing their home to a lender,” she told the committee.

Representative Ken Bentsen, a Democrat from Texas, found the high default rates worrying, particularly because the nation was enjoying a healthy economy. “I think you could argue that, assuming we have not repealed the business cycle and there is a downturn at some point,” he said, “you could experience even astronomical default rates… That would spill over into other sectors of the economy, both in deflating the real estate market, as well as impact the safety and soundness of the banking system.”

Unimpressed Regulators

While acknowledging the safety and soundness concerns, banking regulators expressed only lukewarm support for new legislation to bar predatory practices. They suggested, instead, that the problem could be addressed through stepped up enforcement of existing laws and industry self-regulation.
Representatives from the lending industry said they were troubled by reports of predatory practices. But they, too, opposed new legislation, arguing that new laws would cut off credit to impoverished communities. The abuses were the actions of a few “bad actors,” said Neill Fendly, speaking on behalf of the National Association of Mortgage Brokers at the 2000 House hearing.

Still, concern was substantial enough to prompt the introduction of new legislation in early 2000 — not one, but two competing bills, from Representatives John LaFalce, a Democrat from New York, and Robert Ney, a Republican from Ohio. LaFalce’s bill proposed to fill in what he called “gaps in HOEPA.” It would have lowered the interest rate and fee thresholds for HOEPA protections to kick in, and restricted loan flipping and equity stripping. The bill would also have barred lenders from making loans without regard for the borrower’s ability to repay the debt.

Ney — who years later would plead guilty to conspiracy charges in connection with the Jack Abramoff lobbying scandal and spend 17 months in federal prison — pushed a “narrowly crafted” solution to problems in the subprime lending market, calling abusive mortgage lending practices “rare.” Ney’s bill would have provided some restrictions on subprime lending by strengthening some of the thresholds under HOEPA, but would have also taken away the power of individual states to enact tougher restrictions.
While the chances of Democratic-backed, pro-consumer legislation passing in the Republican Congress seemed slim, forces from the mortgage banking and brokerage industries were taking no chances, ramping up their political contributions to federal candidates and national parties. After having given $4.2 million in contributions in the 1998 election cycle, industry contributions doubled for the 2000 campaign to more than $8.4 million, according to data from the Center for Responsive Politics. Those contributions would balloon to $12.6 million in 2002. A coalition of subprime lenders sprang into action to fight LaFalce’s bill and other attempts to impose tough restrictions.

The tougher LaFalce proposal had the support of Leach, the powerful Republican chairman of the House banking committee. But even with Leach’s approval, the bill went nowhere in a Congress run by conservative Republicans. Increased regulation, recalled Bentsen, “was against what they [the Republican House leadership] believed in.”

With that political reality as backdrop, neither LaFalce’s bill nor any other lending reform proposal came up for a vote in committee.

While chairman of the Senate Banking Committee, former Democratic Senator Paul Sarbanes of Maryland introduced a bill to curb abusive high-cost lending, but the measure never received a committee vote. Two years later, Democrat Paul Sarbanes of Maryland, then chairman of the Senate Committee on Banking, Housing, and Urban Affairs, introduced another bill to curb abusive high-cost lending. The bill failed to attract a single Republican co-sponsor, and, like the LaFalce bill, never saw a committee vote. Wright Andrews, a leading lobbyist for the subprime industry, said that the LaFalce and Sarbanes proposals in this period were “never really in play.” The bills were introduced, but no one was seriously pushing for them, he explained. “The industry could and would have blocked [those proposals], but we didn’t really have to.”

States Act — And Get Shut Down

In the absence of new federal legislation, efforts to combat predatory lending were moving at the state level. North Carolina had passed the first state law targeting predatory loans in 1999, and consumer advocates were pushing state laws from Massachusetts to California. The North Carolina law barred three common provisions of predatory loans: loan flipping, prepayment penalties, and the financing of up front, “single-premium” credit insurance. In essence, the law sought to eliminate incentives for making unaffordable loans. With lenders unable to strip equity through high up-front charges, and unable to churn loans through flipping, they would have to make money the old-fashioned way, through borrowers’ monthly payments.

Two men working at the state level were in attendance at the 2000 House hearing: Andrew Celli, with the New York state Attorney General’s office, and Thomas Curry, the Massachusetts banking commissioner.

The state officials told the House committee that they were forced to push consumer protection in their states because the federal regulators were not doing enough to protect borrowers, and HOEPA was ineffective. The threshold for high cost loans to trigger HOEPA’s protections was an interest rate 10 percent above comparable Treasury securities. But “as important as this prohibition is, its powers in real world relevance are diminishing,” Celli said. Lenders were evading HOEPA, and the consumer protections it afforded, by making loans just under the law’s definition of a high-cost loan.

In response, many state laws set the trigger lower, at five percent, affording consumer protections to a broader swath of borrowers. But the efforts at the state level soon came to naught. The wave of anti-predatory lending laws was preempted by federal banking regulators, particularly by the Office of Thrift Supervision and the Office of the Comptroller of the Currency. OCC and OTS had effectively told the institutions they regulated that they did not, in fact, have to comply with state banking laws, thanks to the agencies’ interpretations of the Parity Act. The federal preemption of the state laws meant hard-won consumer protections were largely moot.

With state regulation stymied and federal regulation lax, the boom in subprime mortgages continued. And so did the warnings.

In 2001, Congress heard yet again about the potentially devastating impact of subprime lending, at a hearing before the Senate Banking Committee. In Philadelphia, subprime loans were devastating entire communities, Irv Ackelsberg, an attorney with Community Legal Services, told the committee. “I believe that predatory lending is the housing finance equivalent of the crack cocaine crisis. It is poison sucking the life out of our communities. And it is hard to fight because people are making so much money.”
In July 2001, Congress was again warned about the risks of the subprime mortgage market, this time in a hearing before the Senate Banking Committee. Click to watch the full hearing on CSPAN. “There is a veritable gold rush going on in our neighborhoods and the gold that is being mined is home equity,” Ackelsberg added.

And like William Brennan and Jodie Bernstein in 1998, and Cathy Mansfield, Ellen Seidman, and Ken Bentsen in 2000, Ackelsberg warned that bad subprime loans could hurt not just homeowners, but the broader economy. The ultimate consumers of the high-cost loans, he told the committee, were not individual borrowers, taking out loans they couldn’t pay back. “The ultimate consumer is my retirement fund, your retirement fund,” he said.

The Laissez-Faire Fed

Congressional inaction didn’t have to leave borrowers unprotected, say experts. The Federal Reserve could have moved at any time to rein in subprime lending through the Home Ownership and Equity Protection Act. Under the original 1994 law, the Federal Reserve was given the authority to change HOEPA’s interest rate and fees that would trigger action under the act, as well as to prohibit certain specific acts or practices. “Clearly, the Fed should have done something on the HOEPA regs,” said Seidman, the former OTS director. “I think there is little doubt.”

The Fed’s reluctance to change the law, Seidman said, reflected the philosophy of the Federal Reserve Chairman, Alan Greenspan, who “was adamant that additional consumer regulation was something he had absolutely no interest in.” Jodie Bernstein, who had tackled abusive lenders at the Federal Trade Commission, agreed. Greenspan, she said, was “a ‘market’s going to take care of it all’ kind of guy.”
Consumer advocates had pushed for lower HOEPA triggers since the law’s passage, hoping to include more loans under the law’s protections. But one problem with changing the law was that no one seemed to agree on how well it was working. In 2000, the Federal Reserve acknowledged that it did not even know how many home-equity loans were covered by HOEPA — the main federal law preventing abuses in high-cost lending.

Three government agencies said that the law was protecting staggeringly few borrowers. A joint report from the departments of Treasury and Housing and Urban Development, released in June 2000, found that during a sample six-month period in 1999, less than one percent of subprime loans had an interest rate exceeding the HOEPA trigger. The Office of Thrift Supervision estimated that based on interest rates, the law was capturing approximately one percent of subprime loans.

The American Financial Services Association, a lenders’ trade association, had very different numbers. George Wallace, the general counsel of AFSA, told the Senate in 2001 that according to an AFSA study, HOEPA was capturing 12.4 percent of first mortgages and 49.6 percent of second mortgages.
After a series of national hearings on predatory lending, the Fed made modest changes to HOEPA’s interest rate trigger in 2001. The late Ed Gramlich, a governor on the Federal Reserve Board and early critic of the subprime industry, said that in setting the new triggers the Board was “heavily influenced” by survey data provided by the lending industry — data showing that a significant percentage of mortgages were in fact just below the triggers.

The 2001 changes to HOEPA set the threshold for what constituted a high-cost first mortgage loan at 8 percent above comparable Treasury securities, down from 10 percent, but for second mortgages it was left unchanged. The Fed also added credit insurance to the law’s definitions of points and fees, meaning that lenders could no longer pack expensive insurance into loans and still evade HOEPA’s triggers.
For the first time, lenders making a high-cost loan had to document a borrower’s ability to repay the loan. The Fed also barred high-cost lenders from refinancing mortgages they made within a year.

But Margot Saunders, of the National Consumer Law Center, said the 2001 changes had little impact. Lenders simply undercut the law’s new, lower triggers, she said, continuing to make loans at just below the thresholds. Advocates said another provision, designed to stop loan flipping, also did little, because lenders could simply flip borrowers into a new loan on the 366th day, or a new lender could flip the loan at any time.

William Brennan, who is still at the Atlanta Legal Aid Society, said the Fed’s failure to act more forcefully on HOEPA was a key missed opportunity. “That bill had potential to put a stop to all this,” he said. “That one bill in my opinion would have stopped this subprime mortgage meltdown crisis.”

Before Congress last year, former Federal Reserve Chairman Alan Greenspan admitted he was in “a state of shocked disbelief” that lenders had failed to regulate themselves. Former Federal Reserve Chairman Alan Greenspan declined to be interviewed for this story, but his recent congressional testimony gives some insight into his perspective on the meltdown and its origins.

In October 2008, Greenspan appeared before the House Committee on Oversight and Government Reform to answer questions about the financial crisis and his tenure at the Fed. In his testimony, Greenspan wrote that subprime mortgages were “undeniably the original source of [the] crisis,” and blamed excess demand from securitizers for the explosive growth of subprime lending.

Greenspan also acknowledged that after forty years, he had “found a flaw” in his ideology. “Those of us who have looked to the self-interest of lending institutions to protect shareholder’s equity, myself especially, are in a state of shocked disbelief,” he said.

In other words, in this case, the market proved unable to regulate itself.

The Aftermath

Eight years after the Fed failed to step in, skyrocketing foreclosure rates have wrecked the banking industry, requiring a $700 billion bank bailout. Investors that bought mortgage-backed securities, including many retirement funds, have lost untold billions.

One in 33 homeowners in the United States, 2.26 million people, may lose their homes to foreclosure in the next two years — a staggering foreclosure rate directly attributed to subprime mortgage loans made in 2005 and 2006, according to a recent report from the Pew Charitable Trusts.

Had the legislative efforts to curb abusive practices in the high-cost lending market succeeded — at the state or federal level — those loans might never have been made. But the proposals didn’t succeed, and many of the troubling mortgage provisions that contributed to the foreclosures are still legal today.

“Prepayment penalties, yield spread premiums, flipping, packing, single premium credit insurance, binding mandatory arbitration — they’re all still legal under federal law,” said Brennan. Some of those provisions are prohibited under July 2008 changes to HOEPA’s implementing regulations, but lenders can still include them in loans below that law’s thresholds.

A bill now moving through the House would change that. The bill, sponsored by Democratic Representatives Brad Miller and Mel Watt, both of North Carolina, and Barney Frank of Massachusetts, includes a ban on yield-spread premiums — which reward brokers for steering borrowers into costly loans — and lending without regard for a borrower’s ability to repay the mortgage. The bill would also create what are known as “assignee liability provisions,” which would make mortgage securitizers more responsible for abuses in the original mortgages. The bill was approved by the House Financial Services Committee on April 29, and is expected to receive a vote on the House floor.

Rep. Barney Frank of Massachusetts, chairman of the House Committee on Financial Services, has co-sponsored new legislation that would further limit abusive lending practices. Keest, of the Center for Responsible Lending, said such assignee liability provisions could have helped to avert the crisis. The provisions would not just have given borrowers the ability to defend themselves from foreclosure, Keest said, but would have protected investors as well.

Several state laws included the assignee liability provisions, but were preempted by federal regulators. If those provisions had stayed in the law, investors might have been more attentive to the questionable actions of lenders and brokers. When investors are responsible for abuses in the loans they buy, Keest said, “they have some skin in the game,” and are more likely to closely scrutinize the loans in a securitized pool. Investors might have noticed sooner that the subprime loans they were gobbling up were going bad, fast.

As it was, the demand for securities backed by subprime loans was insatiable.

“The secondary market, it was Jabba the Hutt — ‘feed me, feed me,’” Keest said. It was a “two-demand market,” she said, with borrowers seeking credit on one side, and investors clamoring for securities on the other.

Ira Rheingold, executive director of the National Association of Consumer Advocates, asserts that the financial industry’s lobbying power shut down efforts to help consumers, both during the early 2000s and more recently, when advocates were pushing for foreclosure assistance in the bailout bill. “People were making lots of money,” Rheingold said. “Congress was dependent upon their money.”

The industry is, indeed, among the biggest political forces in Washington. Between 1989 and 2008, the financial services sector gave $2.2 billion in federal campaign contributions, according to the Center for Responsive Politics. Since 1998, the sector spent over $3.5 billion lobbying members of Congress — more than any other single sector, again according to the Center.

Meanwhile, Brennan worries about his city, which sees 4,000 to 7,000 foreclosures filed each month in the metropolitan area, concentrated in African-American communities.

“Atlanta is a disaster,” he said. And the same might be said for the American economy.

Kat Aaron investigates for the Center for Public Integrity, from where this article was adapted. Find more investigations at http://www.publicintegrity.org

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