Posts Tagged ‘mortgage compliance advisors’

Apr
08
2010

MCA Monthly Update – April 2010

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MCA Monthly Update
April 2010

Welcome to the MCA Monthly Update. To help you stay compliant and up-to-date, our newsletters contain underwriting tips, processing tips, and compliance updates. We hope that you find the content informative and useful. As always, your feedback is appreciated.

Join our free monthly webinar “Managing Your Early Payment Default Risk.”
We want to thank those who attended last month’s webinar, especially our panelists. We had great interaction and discussion, and we look forward to the next webinar.
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We have posted the slides from March’s webinar on our website. You can find slides from every webinar on our website under the News & Resources tab.
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Because we receive many questions about Early Payment Defaults (EPDs), April’s webinar will focus on managing your EPD risk.

Managing Your Early Payment Default Risk

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Learn what constitutes an EPD, its effects, and how to limit your exposure.

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Join our webinar on Thursday, April 22 at 12:00 pm MST.
Reserve your webinar seat now at:
Register Now
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Today, mortgage lenders are working to reduce the risk of one of their loans going into early payment default (EPD). Join us for our next free monthly webinar to learn what constitutes an early payment default, how it can affect your business, and steps you can take within your organization to limit your exposure.
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We are always happy to hear from you and encourage you to submit your questions to info@mortgagecomplianceadvisors.com.
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If you have any questions, simply reply to this email or call us at 877-226-3216.
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For real time compliance news, you can now follow us on Twitter and Facebook.

www.MortgageComplianceAdvisors.com

Underwriting & Processing Tips

To add to the questions from February’s webinar, we received many excellent and challenging questions during our March webinar “Continuing to Make Sense of the New GFE: A More in Depth Look.” As promised, we have posted the slides from the webinar on our website, as well as answers to all 32 questions asked during the webinar.
We have included the first four questions below. *Please visit our website to read all 32 questions and answers.
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Question 1 - On the 2010 GFE – if a borrower gave an incorrect house number on a purchase, do we need to re-disclose as a changed circumstance?

  • Answer - Additional lines may only be added to Blocks 3, 6, 11 of the GFE.
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Question 2 - Can a separate line item be added for lock extension fee?

  • Answer - Additional lines may only be added to Blocks 3, 6, 11 of the GFE.
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Question 3 - Borrower is in the process of purchase loan and decided to purchase a different home – Is this a changed circumstance or new transaction and start with new application and RESPA?
  • Answer - A change in properties can be viewed to fit into the following definitions of allowable changed circumstance (1/28/10 RESPA FAQ’s pg. 15 #1):  A, 2) information particular to the borrower or transaction that was relied on in providing the GFE and that changes, or is found to be inaccurate after the GFE has been provided and 3) New information particular to the borrower or transaction that was not relied on in providing the GFE.  Change in legal address also constitutes a changed circumstance.  The originator is still bound by the dates of the initial GFE, however, we suggest contacting your lender to determine what is acceptable to them.

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Question 4 - How do you disclose the loan origination is a % and not a flat fee so if the loan increases our origination could increase?
  • Answer - We recommend contacting your lender or LOS provider for recommendations on this type of fee disclosure.   The lender/investor may have procedures used to determine a specific fee (such as an origination fee), has been disclosed as a percentage rather than a dollar amount, thus allowing the percentage to increase with the loan amount.

…Read the rest of the questions and answers on our website.

HUD/FHA Update
- Last September, FHA announced new regulations to strengthen risk management, and then solicited public comments. (These requirements deal with net worth requirements, streamlined lender approval, etc.) HUD published a press release on April 5 that discusses these changes and states that the “final rule [will] be published in the next few days.” View the entire press release
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- HUD has updated the RESPA FAQs (4/2/2010).  View the FAQs
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ML 10-07: Revisions to Model Home Equity Conversion Mortgage (HECM) Loan Agreement (Loan Agreement) and Fannie Mae Form 1009…

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- Revises model HECM Loan Agreement (and exhibits) and Fannie Mae form 1009. Effective 8/1/10. View the entire letter
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- Announces that effective 4/1/10, HUD REO appraisals will be valid for 120 days. Also announces conditions for ordering second REO appraisal when utilizing FHA financing. View the entire letter
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- Announces FHA servicing lenders’ Tier Ranking Scores for Round 38. View the entire letter
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- Revises Form HUD 92264-A, “Supplement to Project Analysis.” It changes line “c” of Criterion 4 from “Site not Attributable to Dwelling Use” to “Warranted Price of Land.” View the entire letter
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- Under certain conditions, servicers are eligible for Success Payments for FHA-HAMP mortgages. View the entire letter
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- Announces that those applying to become FHA lenders must submit application fees online. View the entire letter
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- Provides additional guidance on Appraisal Update Report. View the entire letter
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To view all HUD Mortgagee Letters for the year, visit HUD’s website.
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*We offer FHA, VA, and HECM reference manuals with regulations and policies updated quarterly. For more information, visit our website or call 877-226-3216.

Fannie Mae Update
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- Introduces “Alt Mod” – an alternative to HAMP modification for borrowers who were accepted into HAMP trial period but were not eligible for a HAMP permanent modification. View the entire letter
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Revises Selling Guide to update quality control standards, specifically:
  • Requirement for lenders to have written procedures for the approval of third-party originators and management procedures for third-party originations
  • Revisions to requirements related to the lender’s QC process and the lender’s QC plan
  • Revisions to requirements related to lenders that outsource their QC process
  • New requirement for a prefunding QC review process
  • Updates to the timing for lenders to select and conduct post-closing QC reviews and to loan sampling methodologies
  • Revisions to the post-closing QC mortgage review process
  • Addition of the Mortgage Loan File Document Submission Requirements exhibit
  • New requirement for a QC process audit review
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- Makes various updates to the selling guide, changing the following items:
  • Texas Section 50(a)(6) mortgages
  • DU Refi Plus™ and Refi Plus
  • Borrower-paid fees when purchasing a preforeclosure sale or short sale
  • Borrower Social Security number invalid format
  • Conversion of construction-to-permanent financing
  • Fannie Majorsmortgage pooling requirements
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- Makes several miscellaneous changes to servicing policies. View the entire announcement
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LL-2010-05: Selling Loans during Lapse of National Flood Insurance Program Authority

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- During lapse of National Flood Insurance Program, Fannie Mae will purchase loans in Special Flood Hazard Areas without flood insurance, under certain conditions. View the entire letter
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To view all Fannie Mae Announcements and Letters for the year, visit Fannie Mae’s website.
Freddie Mac Update
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- Revises multiple policies effective for mortgages with applications dated on or after 6/13/10, such as Freddie Mac no longer purchasing Initial Interest Mortgages, increased minimum Indicator Scores, etc.  View the entire bulletin
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- Announces Florida Condominium Effort to increase the availability of financing for Florida condos.  View the entire bulletin
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To view Recent Freddie Mac Bulletins/Industry Letters, visit Freddie Mac’s website.
VA Update

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- Extends rescission date of Circular 26-08-4 to 1/1/12. Stations can continue to issue VA Notices of Value or Master Certificates of Reasonable Value within the 6-month validity period.  View the entire change
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- Adds contact information for veterans to Circular 26-10-2.  View the entire change
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- Provides guidance on submission of title documents to VA’s property management contractor (for Florida properties).  View the entire circular
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To view VA Circular/News for 2010, visit the VA website.

Feel free to call us with any questions at 877-226-3216.

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Mar
09
2010

Join us for a free monthly webinar: “Continuing to make sense of the new GFE: A more in depth look”

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Continuing to make sense of the new GFE: A more in depth look

Join us for a free Webinar on March 18


Register Now
Space is limited.

Reserve your Webinar Seat Now at:
https://www1.gotomeeting.com/register/689424280

(If you have already registered for the webinar, you can disregard this email.)

MCA offers free monthly webinars in an effort to help you stay current and in compliance with the changes in the mortgage industry. After last month’s webinar that gave a basic overview of the 2010 Good Faith Estimate,  we received requests for a more interactive and in-depth training. This month’s webinar will consist of a brief, yet comprehensive, presentation on fee disclosure and changed circumstance as they relate to the Good Faith Estimate, followed by a panel discussion featuring several experienced mortgage professionals.

*Please don’t forget to send us your questions about the GFE.

We are always happy to hear from you and encourage you to submit your questions to info@mortgagecomplianceadvisors.com.

Title: Continuing to make sense of the new GFE: A more in depth look

Date: Thursday, February 18, 2010

Time: 12:00 PM – 1:00 PM MST

After registering, you will receive a confirmation email containing information about joining the Webinar.

System Requirements
PC-based attendees
Required: Windows® 2000, XP Home, XP Pro, 2003 Server, Vista

Macintosh®-based attendees
Required: Mac OS® X 10.4 (Tiger®) or newer

Continuing to make sense of the new GFE: A more in depth look
Mortgage Compliance Advisors
5505 South 900 East
Salt Lake City, Utah 84117

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Mortgage Compliance Advisors | 5505 South 900 East | Suite 110 | Salt Lake City | UT | 84117

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Mar
04
2010

MCA Monthly Update – March 2010

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MCA Monthly Update
March 2010

In This Issue
Underwriting & Processing Tips
FHA Update
Fannie Mae Update
Freddie Mac Update
VA Update
Quick Links

Lending Manuals

Stay Updated
Join Our Mailing List!

Welcome to the MCA Monthly Update. To help you stay compliant and up-to-date, our newsletters contain underwriting tips, processing tips, and compliance updates. We hope that you find the content informative and useful. As always, your feedback is appreciated.

MCA now offers compliance services to help you verify income, compliance, and identity.

  • 4506-T Income Verification – Order your 1, 2, 3, or 4 year tax transcripts through MCA, and you will receive them in 1-2 business days.
  • Focus Reviews – Get quick pre- or post-closing compliance checks, which include our professionals’ advice on how to correct any issues.
  • Identity Verification – Comply with Fannie Mae’s new announcement SEL-2010-01 and the Patriot Act, which reqiure financial institutions to verify the identity of borrowers.

Join our free monthly webinar “Continuing to make sense of the new GFE: A more in depth look.”

We want to thank those who attended our first webinar: Making Sense of the New GFE. We have posted the slides from February’s webinar on our website. March’s webinar will be a more in depth look at the new Good Faith Estimate.

Continuing to make sense of the new GFE: A more in depth lookGet more detail about fee disclosure and changed circumstance as they relate to the GFE.

Join our webinar on Thursday, March 18 at 12:00 pm MST.
Reserve your webinar seat now at:
Register Now

After last month’s webinar that gave a basic overview of the 2010 Good Faith Estimate,  we received requests for a more interactive and in-depth training. This month’s webinar will consist of a brief, yet comprehensive, presentation on fee disclosure and changed circumstance as they relate to the Good Faith Estimate, followed by a panel discussion featuring several experienced mortgage professionals.

We are always happy to hear from you and encourage you to submit your questions to info@mortgagecomplianceadvisors.com.

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If you have any questions, simply reply to this email or call us at 877-226-3216.

For real time compliance news, you can now follow us on Twitter and Facebook.

www.MortgageComplianceAdvisors.com

Underwriting & Processing Tips

We received many excellent and challenging questions during our webinar “Making Sense of the New GFE,” hosted in the month of February. As promised, we have posted the slides from the webinar on our website, as well as answers to all 33 questions we received about the new GFE. We have included the first four questions below.

*Please visit our website to read all 33 questions and answers.

Question 1 - We understand two circumstances in which the compensation to the originator can change: the loan amount changes and a portion of the origination charges are dependent on the loan amount; the loan program changes.  If a loan is floating and is later locked, we understand that the credit or charge to the borrower may change, but “Our Origination Charges” may not change and the originator’s comp (even if the YSP or rebate changes) will not change.  Correct?

  • Answer: According to our interpretation of the resources we have utilized, that is correct.   HUD FAQ’s #19, page 8, states the following- If a borrower locks the interest rate after the GFE has been issued, a revised GFE must be issued within 3 days of the interest rate lock reflecting the date that the rate lock is good through.  Any interest rate-dependent charges (specifically Block 2, Line A and Block 10 on the GFE) and terms that changed must also be updated on the revised GFE.
Question 2 – We have seen several large lenders consider a change in pricing to be a changed circumstance that permits redisclosure and a change to Our Origination Charges and the broker’s comp.  Is this permitted?  If so, what is the rationale under the rule?

  • Answer: This is not permitted once a rate has been locked.  HUD FAQ’s 1/28/10 states market fluctuations do not constitute a changed circumstance and a GFE may not be revised to reflect market fluctuations.
Question 3 – If I change the loan amount, does a new 1003, TIL and GFE need to be signed?

  • Answer: These documents will need to be re-disclosed to the borrower within 3 days and evidence of re-disclosure or re-issue will need to be maintained in the file.
Question 4 – If the Buyer is paying a 1% commission of the contract amount to the seller (in this case a bank).  The transaction is a short sale.  Should this be disclosed as a closing cost on the GFE for the buyer?

  • Answer: No.This charge is considered real estate commission and will not need to be disclosed on the GFE. [...Q&A continued on our website.]

FHA Update

- Extends deadline to February 17, 2011 for temporary authority from ML 2009-22 (Revised Temporary Authority for Multifamily Hubs to Process Waiver Requests Pertaining to the Three-Year Rule for Section 223(f) Apartments).

View the entire letter

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To view all HUD Mortgagee Letters for the year, visit HUD’s website.

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*We offer FHA, VA, and HECM reference manuals with regulations and policies updated quarterly. For more information, visit our website or call 877-226-3216.

Fannie Mae Update


- Announces four new mortgage insurers.  View the entire letter

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- Introduces Loan Quality Initiative (LQI), which makes several changes to be announced over the next few months. LQI focuses on several areas, including:

  • Policies that confirm the identity and occupancy of the borrower, validation of qualified parties to the transaction, and policies that address the borrower’s credit profile
  • Updated quality control requirements
  • Delivery of additional information about property and appraisal
  • Loan delivery enhancements
  • Reporting and validation of mortgage insurance coverage data  
Loan Quality Initiative Resources (FAQs, summary with key dates, live web seminars, etc.)
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- Describes some changes impacting Selling Guide as result of Loan Quality Initiative (LQI).

- “The change to the Potential Red Flag messages will be effective the weekend of April 17, 2010.”
- Policies effective June 1, 2010:

  • “Lenders will be required to confirm the identity of each borrower whose credit is used for the purpose of determining ability to meet Fannie Mae’s underwriting and eligibility standards prior to the extension of credit.”
  • All borrowers are required to have a Social Security number or ITIN.
  • Lenders must confirm that companies involved in origination, underwriting, or servicing are not on GSA Excluded Party List or HUD LDP List prior to delivery of loan.
  • “Lenders [must] determine that all debts of the borrower incurred or closed up to and concurrent with the closing of the subject mortgage are disclosed on the final loan application and included in the qualification for the subject mortgage loan.”
  • “If the subject property is a condo or other property type that is identified by a unit number, the unit number must be included in the property address on the note.”
- Effective January 3, 2011, “LTV ratio calculation [must] be truncated (shortened) to two decimal places, then rounded up to the next whole percent.”  View the entire announcement

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- Announces that the Selling Guide has been updated to incorporate several miscellaneous clarifications or omissions. View the entire announcement
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- FHFA extends Home Affordable Refinance Program (HARP) to June 30, 2011.

- “Accordingly, lenders may continue to apply the HARP flexibilities to loans originated under Refi Plus™ and DU Refi Plus™ provided the note date is on or before June 30, 2011 and the loans are delivered to Fannie Mae no later than October 31, 2011.”

View the entire notice

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- Describes the following:

  • Reclassifying HAMP Program MBS Mortgage Loans
  • Expedited Reimbursements of Servicer Advances for Reclassified MBS Mortgage Loans
  • Executing Modification Agreements

View the entire announcement

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To view all Fannie Mae Announcements and Letters for the year, visit

Fannie Mae’s website.

Freddie Mac Update

- Provides guidance on HAMP, including requirement for full verification of borrower eligibility after servicer receives “Initial Package.”  View the entire bulletin

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  • Requires Sellers to take out separate fixed-rate Cash contracts for Relief Refis with specified higher LTVs (effective February 22, 2010)
  • Corrects deadline for submission of Guide Form 996E
  • Provides guidance on Form 16SF

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Bulletin 2010-5: Selling and Servicing

- Announces enhancing Loan Prospector to provide a point value estimate from HVE for a property address. Also announces changes to Guide related to this enhancement:

  • Sellers must have copy of entire Note in file
  • Sellers may not delegate endorsement of Notes via power of attorney
  • Guide reflects a few updates for various states (IL, NH, RI, CA, GA, NC)
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Bulletin 2010-6: Freddie Mac Relief Refinance Mortgage Offering Extended

- Extends offering of Relief Refinance Mortgages–must have Note Dates on or before June 30, 2011.

View the entire bulletin

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To view Recent Freddie Mac Bulletins/Industry Letters, visit Freddie Mac’s website.
VA Update

[No new circulars]
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To view VA Circular/News for 2010, visit the VA website.
Feel free to call us with any questions at 877-226-3216.

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Mortgage Compliance Advisors | 5505 South 900 East | Suite 110 | Salt Lake City | UT | 84117

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Jul
02
2009

MCA Monthly Update – July 2009

Welcome to the MCA Monthly Update. To help you stay compliant and up-to-date, each newsletter we send contains underwriting tips, processing tips, and compliance updates. We hope that you find the content informative and useful.

For next month’s newsletter, we would like to address the biggest issues you are facing in the mortgage industry. Please let us know about any industry issues that you find confusing, or if you just want some more information. We’ll try to answer all your questions in the next newsletter.

REMINDER: APPROACHING DEADLINE OF RED FLAGS RULE

As a reminder, the Federal Trade Commission’s Red Flags Rule will go into effect in less than a month, on August 1. The FTC will require that all financial institutions and creditors, including mortgage brokers and mortgage lenders, have in place a written identity theft prevention program, also known as a Red Flag Policy. (For more information, visit www.FTC.gov or contact us with your questions.)

UNDERWRITING & PROCESSING TIPS

Based on some common findings from quality control audits, we have compiled a list of three tips from the month of June.

1. Make sure that the application and initial disclosures have correct dates. If they are mailed, be sure to date stamp when they were sent in the mail, to stay in compliance with the three day rule.

2. For Prepaid Finance Charges (PFC’s), make sure that they are disclosed accurately on the initial TIL, and clearly marked on the initial Good Faith.

3. Last month we mentioned that everyone should have a closing package from the closing agent for their file. FHA requires lenders to get and maintain copies of at least the HUD-1’s, Note, Deed of Trust, and the final Truth in Lending.

FHA UPDATE

HUD frequently publishes updates, known as Mortgagee Letters, containing new policies and other information for lenders. Since our last newsletter, HUD has published three additional letters. Below is a brief summary of all three:

Energy Efficient Mortgages – Increase in the Dollar Amount of Energy Efficient Improvements: Letter 09-18. “In addition to the base FHA maximum mortgage amount limit, which is calculated on the value of the home, the mortgage loan amount for an Energy Efficient Mortgage (EEM) can be increased by the cost of effective energy improvements…

The maximum amount of the portion of the EEM for energy improvements is the lesser of 5% of:
o the value of the property, or
o 115% of the median area price of a single family dwelling, or
o 150% of the conforming Freddie Mac limit.” (Click here to view the entire letter.)

Condominium Approval Process – Single Family Housing: Letter 09-19. FHA “is implementing a new approval process for Condominium Projects to insure mortgages on individual units… FHA will now allow lenders to determine project eligibility, review project documentation, and certify to compliance of Section 203(b) of the NHA and 24 CFR 203 of HUD’s regulations.

…[this letter] provide[s] guidelines and instructions on options available to lenders to receive mortgage insurance on condominium units which are located in a project.” (Click here to view the entire letter.)

Processing Pre-Application Firm Invitation and Firm Commitment Extension Requests: Letter 09-20. This letter discusses FHA’s “policy to grant temporary authority to Multifamily Hub/Program Center Directors to grant one extension, for up to 90-days, of the pre-application firm invitation letter and one 120-day extension of an issued Firm Commitment. The authority granted under this Mortgagee Letter expires December 31, 2009.” (Click here to view the entire letter.)

To view all HUD Mortgagee Letters for the year, click here.

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Jul
07
2008

Mortgage Compliance Advisors Launches File Audit & FHA Approval & Quality Control Services

June 13, 2008 ( PowerHomeBiz ) – Salt Lake City, UT www.MortgageComplianceAdvisors.com — Mortgage Compliance Advisors, LLC (MCA) — FHA approval is made simple by following the step by step process that Mortgage Compliance Advisors offers. MCA will walk you through the costs, paperwork, and FHA requirements to determine feasibility. MCA also provides an outsourcing solution to brokers, lenders, and financial institutions that alleviates the burden and expense of regularly auditing, in-house, a 10% file sampling as required by federal and/or state agencies.

Also, for lenders who are not FHA approved and want to apply for approval, Mortgage Compliance Advisors will guide and help with the entire process including:
Determining feasibility of approval — Supply needed forms Help with preparation of documentation required by FHA for approval Provide resources for bonding/audits/sponsors – Help with assembling of approval package Follow up with FHA if difficulties arise Mortgage Compliance Advisors’ file audit process is efficient and effective. First, MCA randomly chooses, from a list provided by the lender, files to be reviewed. FHA requires file audits on 10% of a company’s closed files. Depending on volume, these audits are to be completed either on a monthly or quarterly basis. Some states require pre and post-closing file audits as well.
Once Mortgage Compliance Advisors has received the files to be reviewed, the assigned auditor uses a standardized checklist MCA has developed to review all documentation contained in a file and re-verifies documentation as needed. The auditor will also compare documentation to insure accuracy, as well as review the appraisal. A new credit report will be pulled on every file and appraisal field reviews will be completed as agency guidelines require. Once the file audits have been completed, MCA will provide a management report of significant findings and summaries.
In addition to full file audits (post-closing, pre-closing, and defaults) and FHA approval services, MCA provides loan file fraud detection services, training and CE courses, quality control plans, operational reviews, and consulting services.

About Mortgage Compliance Advisors, LLC (MCA):
MCA was founded on the premise of providing mortgage brokers, retail lenders, wholesale lenders, and banking institutions of all sizes with a sound alternative for meeting their mortgage compliance needs. MCA’s principals, Bob Warnock and Craig Christensen, have a combined sixty years of experience in the mortgage industry. Thirteen years of Bob Warnock’s thirty-five year career in the banking and mortgage industry were spent at the Salt Lake City HUD/FHA office, first as an underwriting specialist, then branch chief over underwriting and insuring, and finally as Field Office Chief with responsibility to oversee lender approval, underwriting, insuring and the assignment program. Much of Craig Christensen’s 25 year career has been in management positions with national retail and wholesale lenders.

Contact Info:
Brandt Page-Director of Sales & Marketing
5505 South 900 East, Suite 110 Salt Lake City, UT 84117 Phone: 801-649-6038 – Fax: 801-264-0301 bpage@mortgagecomplianceadvisors.com
http://mortgagecomplianceadvisors.com

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