Posts Tagged ‘red flags of fraud’

Nov
04
2010

MCA Monthly Compliance Update – November 2010

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MCA Monthly Update

November 2010

In This Issue
Webinar Q & A
HUD/FHA Update
Fannie Mae Update
Freddie Mac Update
VA Update
Our Services

Lending Manuals

Stay Updated
Connect with us:


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


Join our free monthly webinar “Reviewing Red Flags of Fraud.”


We have posted the slides from last month’s webinar on our website. You can find slides from every webinar on our website under the News & Resources tab.


Webinar

Review common mortgage fraud issues and the FTC’s Red Flags Rule enforced 12/31/10.


Join our free webinar on Thursday, November 18 at 12:00 p.m. MST.



Reserve your webinar seat now at:


Register Now




The December 31st enforcement date is fast approaching for the Federal Trade Commission’s Red Flags Rule. Join us for a free webinar on November 18, where we will have a review of common mortgage fraud issues, as well as valuable information and a Q&A session about the FTC’s Red Flags Rule. (It should be noted that the extension of the enforcement deadline to December 31, 2010 does not affect other federal agencies’ enforcement of the original November 1, 2008 deadline.) We hosted a webinar in May about the red flags of fraud, and this month’s webinar will update the information and discuss any new developments.



This free webinar is open to everyone, and we encourage you to submit your questions during registration or to info@mortgagecomplianceadvisors.com.

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For real time compliance news, you can now follow us on


Webinar Questions and Answers


We want to thank everyone who attended our webinar: “Managing the Year of Change.” As promised, we have posted the slides and answers to the questions asked.



We have included the first three questions below. *Please visit our website to read all 7 questions and answers.


Question 1 – You have stated that MDIA defines an application the same way as a GFE. So, you are saying that if we do not disclose a GFE because we do not have all of the pieces, then we do not have to issue the TIL either?

  • Answer – Yes. This is correct. TILA/MDIA shares RESPA’s definition of an application. If you do not have what is defined as an application then you are not required to disclose a TIL statement. This can be found in 12 CFR 226.19 for the Truth in Lending Act.


Question 2 - The Dodd 1 yr GFE and TIL combined implemented from what effective date?

  • Answer – The effective date is 1 year after transfer. That would be July 22, 2011. However, there is already a working copy going around, and I would expect it to be implemented well before this date.


Question 3 – I had a question related to the LO compensation that we discussed in webinar today. Changing LO compensation is a fairly easy regulation to comply with. It requires a change to the existing mind set, but logistically, it is not difficult. The requirement is to pay the LO based on total volume as a percentage or flat fee per until or some other method that doesn’t result in steering the borrower to an undesirable product.


Ok, so I’m with the regulators so far. Then, here is where I get lost. The regulation also says that companies that broker loans are also subject to the regulations. Ok, so now a brokerage firm or even a lender when acting as a broker also can not be paid differently for different pricing tiers or loan programs? So, effectively investors have to stop by brokerage firms how they are currently paying them. It is not simply paying the loan officer appropriately, but you also have to change the way you pay the firm. The interesting part is that secondary market transactions are exempt, so investors can still pay lenders but not brokers in spread premiums that change with loan program. So, it appears that the regulation much like RESPA is trying to put brokers at a competitive disadvantage. Am I understanding this correctly?

  • Answer – Yes, according to the rule, an originator is a loan originator and a broker company. Therefore, a broker company cannot be compensated based on the terms of the loan.

HUD/FHA Update

ML 2010-35: Borrower Certification for FHA Refinance of Borrowers in Negative Equity Positions


- Announces that mortgagees must obtain signed certification form from borrower if underwater borrower is refinancing. View the entire letter


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- Eliminates requirements that sum of all liens not exceed geographical max mortgage limit for both purchase and refinance transactions. View the entire letter


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


Fannie Mae Update

*To view an announcement, visit https://www.efanniemae.com/sf/guides/index.jsp.
Click “2010” on the right, under “Announcements and Lender Letters.” You will then have access to all 2010 announcements.


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- Announces Appraiser Independence Requirements, which replace HVCC. Effective immediately.  Announcement on eFannieMae.com


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- Announces misc. servicing policy changes, including:

  • Retirement of Payment Reduction Plan
  • Clarification of mandatory pre-filing mediation policy for mortgage loans in Florida
  • Waiver of escrow deposit accounts
  • Flood insurance requirements
  • Submissions of underwriting and servicing review files


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- Provides guidance to servicers for interactions with Hardest Hit Fund Unemployment and Reinstatement Programs.  Announcement on eFannieMae.com


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


Freddie Mac Update

*To view an announcement, visit http://www.freddiemac.com/sell/guide/. The bulletins and industry letters are on the right.


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- Announces Appraiser Independence Requirements, which replace HVCC
- Makes changes to requirements regarding:

  • Property eligibility
  • Credit
  • Eligibility requirements for Freddie Mac counterparties
  • Operational
  • Mortgage insurance


Bulletin on FreddieMac.com


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- Announces that Freddie Mac will accept insurance from State Farm Florida Insurance Company…  Bulletin on FreddieMac.com


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Provides guidance to servicers for interactions with Hardest Hit Fund Unemployment and Reinstatement Programs. Bulletin on FreddieMac.com


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-  Announces that servicers may not refer any new Freddie Mac foreclosure or bankruptcy cases to Law Offices of David J. Stern, P.A. in Florida. Bulletin on FreddieMac.com


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

VA Update


- Announces enactment of Veterans’ Benefits Act of 2010

  • Changes to funding fee exemption status
  • Creation of Specially Adapted Housing (SAH) assistive technology grant program


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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 or reply to this email.

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May
27
2010

Answers to Questions from our Webinar “Red Flags of Fraud.”

We want to thank everyone who attended our webinar “Red Flags of Fraud.” As promised, below you will find answers to the questions asked during the webinar. You can also download the slides from the webinar.

Question 1 – What steps would you take if the signatures did not match?

  • Answer - We first suggest contacting your borrower and discussing the discrepancy with them. If you feel the situation warrants special consideration, such as a deliberate case of misrepresentation, you can contact any of the suggested sites we made available during the presentation (local HUD office, Fannie Mae or the FTC). You should retain in your file the steps you took in detecting and addressing the discrepancy.

Question 2 – Does the geographic concentration change when you look at fraud for profit vs. fraud for housing?

Question 3 – The IRS allows an ITIN number for the purpose of an individual to file their tax returns, and illegal aliens who do not have a valid Social Security Number can get these IRS issued ITIN numbers. If we discover this, what are we supposed to do?

  • Answer - If you feel the ITIN number may have been misrepresented to you, you can begin by verifying the information through the IRS as well as following the steps we have suggested in reporting any deliberate acts of misrepresentation. If you are unsure whether an ITIN number itself is a valid form of identification, verify with your lender what they will accept.

Question 4 - What do you “actually” do when you find different addresses on documents?

  • Answer – We suggest first contacting your borrower and discussing the discrepancy with them.  There may be a logical explanation.   If you feel the situation warrants special consideration, such as a deliberate case of misrepresentation, you can contact any of the suggested sites we made available during the presentation (local HUD office, Fannie Mae or the FTC).  You should retain in your file the steps you took in detecting and addressing the discrepancy.

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MCA offers a comprehensive Red Flag policy, and we can provide one for you quickly and easily.

  • Call 877-250-5243 or click an icon under “Contact Us” for more information or to get started.

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(Mortgage Compliance Advisors, LLC (MCA) makes reasonable efforts to ensure the accuracy of the answers. MCA makes no express or implied warranty of any kind respecting the information presented and assumes no responsibility for errors or omissions. This online chat is not legal advice and should not be used as a substitute for proper professional or legal advice.)

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May
21
2010

Slides for May 2010 Webinar: “Red Flags of Fraud”

We have posted the slides from our May 2010 webinar “Red Flags of Fraud.” If you would like to view or print previous presentations, you can find the slides from all of our past webinars under the News and Resources tab.

As always, we are happy to hear from you and encourage you to submit requests for webinar topics to info@mortgagecomplianceadvisors.com.

Check back soon for answers to all the questions asked during the webinar!

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May
12
2010

Join us for a free webinar on May 20: Red Flags of Fraud

 
 

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Red Flags of Fraud

 

Join us for a free Webinar on May 20  

 

Register Now
 
  
  
Space is limited.
 
Reserve your Webinar Seat Now at:

Don’t allow yourself to become a victim of mortgage fraud. Join us for our free “Red Flags of Fraud” Webinar hosted May 20th, where we will be providing you the tools you need to recognize the red flags of mortgage loan fraud. We will also provide invaluable information on the Federal Trade Commission’s Red Flag Policy effective June 1, 2010. This is a webinar you can’t afford to miss!
 
 
*Please don’t forget to send us your questions about mortgage fraud.

 

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

Title: Red Flags of Fraud

Date: Thursday, May 20, 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

Red Flags of Fraud Webinar
 

Mortgage Compliance Advisors
5505 South 900 East
Salt Lake City, Utah 84117

 

 
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May
07
2010

MCA Monthly Update – May 2010

MCA Logo

MCA Monthly Update
May 2010


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

Lending Manuals

Stay Updated
Connect with us:
View our profile on LinkedIn Follow us on Twitter Find us on Facebook
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.

Join our free monthly webinar “Red Flags of Fraud.”
We have posted the slides from April’s webinar on our website. You can find slides from every webinar on our website under the News & Resources tab.

Red Flags of Fraud Webinar

Be prepared for the FTC’s Red Flags Rule effective 6/1/10, and recognize the red flags of mortgage fraud.

Join our webinar on Thursday, May 20 at
12:00 pm MDT.
Reserve your webinar seat now at:
Register Now



Don’t allow yourself to become a victim of mortgage fraud. Join us for our free “Red Flags of Fraud” Webinar hosted May 20th, where we will be providing you the tools you need to recognize the red flags of mortgage loan fraud. We will also provide invaluable information on the Federal Trade Commission’s Red Flag Policy effective June 1, 2010. This is a webinar you can’t afford to miss!

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

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

Underwriting & Processing Tips

*Don’t forget that the FTC’s Red Flags Rule enforcement date is June 1, 2010.

We want to thank everyone who attended our webinar: “Managing Your Early Payment Default Risk.” As promised, we have posted the slides and answers to the questions asked.

We have included the first three questions below. *Please visit our website to read all the questions and answers.



Question 1 – HUD just eliminated the Correspondent level of FHA approval.  Will only DE’s apply to market watch?

  • Answer – The market watch will now (once the regulation takes effect) only apply to the Sponsor (DE) lender. HUD no longer puts out a market watch list; however, they still do keep track of the lenders (sponsors) they have concerns about.


Question 2 – Are there other reports besides the Neighborhood watch, we the lender need to be reviewing?

  • Answer – Outside of Neighborhood Watch, we suggest you practice effective communication with your lenders to determine how the loans you originate are performing.


Question 3 – A.) Is Sponsor responsible for tracking and if so How do they find out about EPD’s for 100% review, or  B.) Is the investor responsible for reviewing the loan they purchased?

  • Answer – The Sponsor is responsible for finding out about the EPD through Neighborhood Watch HUD  website. The investor is not the one that would be responsible to HUD for the EPD.

HUD/FHA Update

HUD published the Final Rule on April 20. HUD has implemented some changes to strengthen its risk management through its approved FHA-approved lenders. There are many changes, but we wanted to make special note of three.


1. Increasing Net Worth Requirements.  HUD has increased the net worth requirements for current FHA-approved mortgagees and applicants from $250,000 to $2.5 million over a three year period… Click here to read the full article




View the entire rule in the Federal Register

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- Announces that FHA will accept electronic signatures on third party documents.  View the entire letter


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ML 10-15: FHA Case Number and FHA Roster Appraiser Assignments

- Provides guidance on ordering FHA case numbers and selecting FHA Roster appraisers. View the entire letter

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- Describes FHA’s centralizing of mortgagee compliance under one contractor.
View the entire letter

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- Announces that HUD “will only order a lead-based paint evaluation for HUD REO properties constructed before 1978, and purchased with FHA-insured financing.” Effective date June 1, 2010. 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


- Adjusts underwriting criteria for borrowers who have experienced a prior “preforeclosure event.” Reduces waiting period. View the entire letter


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- Updates two sections of the Servicing Guide: Part VII “Delinquency Management and Default Prevention” and Part VIII “Foreclosures, Conveyances and Claims, and Acquired Properties.” View the entire announcement


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- The Selling Guide is being updated to include changes to the following topics:

  • ARM qualifying rate
  • Interest-only eligibility requirements
  • Retirement of balloon mortgage loans as a standard product
  • Prior preforeclosure sale or deed-in-lieu of foreclosure
  • Multiple financed properties
  • Miscellaneous updates and clarifications
  • Loan-Level Price Adjustment (LLPA) Matrix and Adverse Market Delivery Charge (AMDC) Information

View the entire announcement

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-  Property Assessed Clean Energy (PACE) loans “generally have automatic first lien priority over previously recorded mortgages. The terms of the Fannie Mae/Freddie Mac Uniform Security Instruments prohibit loans that have senior lien status to a mortgage…” 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


- Amends both selling and servicing requirements, such as max LTV for Rural Housing, revised requirements for Servicing Released Sales Process (effective May 1, 2010), etc.  View the entire bulletin


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- Announces new Reimbursement System for submitting expense reimbursement requests.  View the entire bulletin


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-  Reminds “Seller/Servicers that an energy-related lien may not be senior to any Mortgage delivered to Freddie Mac. Seller/Servicers should determine whether a state or locality in which they originate mortgages has an energy loan program, and whether a first priority lien is permitted…” View the entire announcement


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


VA Update


- Extends rescission date of Circular 26-08-8 to October 1, 2011.  View the entire change


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- Extends rescission date of Circular 26-08-14 to January 1, 2012.  View the entire change



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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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