Over the past month, the Federal Housing Administration (FHA) has enacted and proposed several changes to its Defect Taxonomy. The Defect Taxonomy is contained in Appendix 8 to FHA Handbook 4000.1. The Defect Taxonomy was originally designed to allow FHA to characterize underwriting related errors in FHA mortgages. Now, if these recent changes are
Mortgage Loan Originators
Renewed Federal Scrutiny for Nonbank Mortgage Companies
Based on a recent report from the Financial Stability Oversight Council (FSOC), nonbank mortgage companies (NMCs) need to prepare for additional regulatory scrutiny from both state and federal regulators. In the report, FSOC identifies NMCs as critical participants in both the residential mortgage origination and servicing industries. And in recognition of this distinction, FSOC believes…
The Escalating Threat of Mortgage Fraud
Overview
Mortgage companies must maintain a heightened level of vigilance when it comes to preventing mortgage fraud. The incidence of fraud attempts targeting mortgage companies continues to rise, prompting decisive action against this threat. In a criminal complaint filed on April 23, 2024, in the U.S. District Court for the District of New Jersey, the…
HUD’s Federal Flood Risk Management Standard Final Rule to Help Communities Reduce Flood Damage, but Tradeoffs Draw Criticism
Overview
On April 22, 2024, the Department of Housing and Urban Development (HUD) published its final rule regarding updated flood insurance requirements in certain areas of the country: Floodplain Management and Protection of Wetlands; Minimum Property Standards for Flood Hazard Exposure; Building to the Federal Flood Risk Management Standard. The new rule implements the…
FHA Makes Rule Changes for Branch Registration
Based upon “the mortgage industry’s evolution over time, the advancement of technology, and due to no longer needing to maintain several branch offices to conduct FHA business nationwide,” the FHA has adopted a new rule regarding branch registration.
Under the prior rule, all FHA-approved mortgagees and lenders were required to register any branch office where…
Connecticut Banking Commissioner Order Highlights Risks Associated with Call Center Mortgage Loan Origination and Employee Social Media Use
On January 4, 2024, Connecticut Banking Commissioner Jorge L. Perez issued a temporary order to cease and desist against LoanSnap, Inc., ordering LoanSnap to cease and desist certain activities and notifying LoanSnap that its state mortgage lender license will be revoked and a civil money penalty will also be issued against it. The charges against the California-based…
New DOJ Redlining Settlement Continues Enforcement Trend
In a continuation of enforcement activity related to redlining under October 2021’s Combatting Redlining Initiative, the U.S. Department of Justice (DOJ) announced on May 31, 2023, that ESSA Bank & Trust has agreed to pay $3 million to settle allegations that it engaged in redlining, a discriminatory practice in which lenders fail to provide…
Navigating the CFPB’s Final Rule on Dodd-Frank Section 1071
The Consumer Financial Protection Bureau (CFPB) recently issued its final rule to implement Section 1071 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The rule amends the Equal Credit Opportunity Act (ECOA), introducing substantial data collection and reporting requirements for small business lenders and finance companies. In this blog post, we delve deeper…
Fannie Mae to Test Drive Ditching Title Insurance
In a surprising shift from its current position, Fannie Mae is expected to roll out a pilot program this spring that waives title insurance requirements for certain loans sold to Fannie Mae, according to a recent report from Politico. While the specifics of the plan have not been announced, this pilot program comes on…
FHA Extends Partial Waiver of Face-to-Face Meeting Requirement
On December 19, 2022, the Federal Housing Administration (FHA) issued an additional extension of the temporary waiver of face-to-face contact required under 24 CFR § 203.604 Contact with the Mortgagor, under Mortgagee Actions under Subpart C – Servicing Responsibilities of 24 CFR Part 203 Single Family Mortgage Insurance.
Pursuant to 24 CFR § 203.604…