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On December 6, the FDIC issued FIL-84-2018 announcing updates to the Affordable Mortgage Lending Guide, Part I: Federal Agencies and Government Sponsored Enterprises (Guide), which reflect current information available about mortgage products offered through Fannie Mae and Freddie Mac. The Guide covers federal programs targeted to a variety of communities and individuals including rural, Native American, low- and moderate-income, and veterans, and is designed to provide community banks resources “to gain an overview of a variety of products, compare different products, and identify next steps to expand or initiate a mortgage lending program.” Updates to the Guide include, among other things, (i) revisions to the Program Matrix; (ii) changes to student loan debt in FHA, Fannie Mae, and Freddie Mac programs; and (iii) updates to certain FHA loan insurance products, USDA single family housing programs, and various Fannie Mae and Freddie Mac products.
On December 6, Freddie Mac issued Bulletin 2018-25 (Bulletin), announcing temporary selling requirements for certain mortgages secured by properties located in identified zip codes that were impacted by the California wildfires. With respect to properties located in the eligible areas with a mortgage application date on or before November 12, 2018 and a note date on or before May 12, 2019, the Bulletin, among other things, provides (i) age of documentation requirements that will remain in effect for six months; (ii) specific collateral requirements and guidance; and (iii) seller reimbursement for certain property inspections.
On December 5, Freddie Mac released Guide Bulletin 2018-24 (Bulletin) announcing selling and servicing updates, including updates to the Single-Family Seller/Servicer Guide to reflect 2019 loan limit increases for both base conforming and super conforming mortgages. (As previously covered by InfoBytes, on November 27, the FHFA raised the maximum base conforming loan limits for mortgages purchased in 2019 by Fannie Mae and Freddie Mac.) The Bulletin notes that Freddie Mac’s Loan Quality Advisor and Loan Product Advisor have been updated to allow sellers to immediately begin evaluating and originating mortgages with these new loan amounts. However, the Bulletin states that qualifying mortgages may not be sold to Freddie Mac until on or after January 1, 2019.
Among other things, the Bulletin also provides (i) single security initiative updates; (ii) updates to 10-day pre-closing verification requirements for union members; (iii) revised master insurance policy requirements for unaffiliated condominium projects or planned unit developments; and (iv) updates for document custodian requirements.
On November 27, the FHFA announced that it will raise the maximum conforming loan limits for mortgages purchased in 2019 by Fannie Mae and Freddie Mac from $453,100 to $484,350. The announcement marks the third consecutive year FHFA has increased the baseline loan limit. In high-cost areas, such as Los Angeles, New York, San Francisco, and Washington, D.C., the maximum loan limit will be $726,525. For a county-specific list of the maximum loan limits in the U.S., click here.
On November 13, the OCC, Fannie Mae, Freddie Mac, and HUD issued disaster relief guidance related to the California wildfires. The OCC issued a proclamation permitting OCC-regulated institutions, at their discretion, to close offices affected by wildfires and high winds “for as long as deemed necessary for bank operation or public safety.” In issuing the proclamation, the OCC noted that it expects that only those bank offices directly affected by potentially unsafe conditions will close and that they should make every effort to reopen as quickly as possible to address the banking needs of their customers. The proclamation directs institutions to OCC Bulletin 2012-28 for further guidance on natural disasters and other emergency conditions.
Fannie Mae reminded servicers of available mortgage assistance options for homeowners impacted by the wildfires: (i) qualifying homeowners are eligible to stop making mortgage payments for up to 12 months without incurring late fees and without having delinquencies reported to the credit bureaus; (ii) servicers may immediately suspend or reduce mortgage payments for up to 90 days without any contact with homeowners believed to have been affected by a disaster; and (iii) servicers must suspend foreclosures and other legal proceedings for homeowners believed to be impacted by a disaster. Freddie Mac similarly reminded servicers of these mortgage relief options.
HUD announced an automatic 90-day moratorium on foreclosures of FHA-insured home mortgages for covered properties and is further making FHA insurance available to those victims whose homes were destroyed or severely damaged.
Find continuing InfoBytes coverage on disaster relief here.
On November 13, Freddie Mac released Guide Bulletin 2018-21 announcing selling and servicing updates, including new requirements for mortgages secured by energy and/or water efficient properties. Effective for mortgages with settlement dates on or after May 1, 2019, Freddie Mac’s GreenCHOICE Mortgages program seeks to improve home affordability by reducing homeowners’ monthly energy or water expenses by facilitating the financing of energy efficient improvements and homes. The bulletin lists specific requirements for the program, including caps for financing the costs of improvements, escrow, and energy reporting requirements. Freddie Mac will apply a $500 credit to help offset transactional costs, provided the seller delivers the requisite Investor Feature Identifier. The Bulletin also includes servicing and transfer of servicing requirements for the program.
Finally, the Bulletin covers property insurance requirements related to flood insurance for condominium projects and revisions to insurance policy premium requirements for condominiums located in Puerto Rico, both of which are effective immediately.
On November 7, Freddie Mac issued Bulletin 2018-20 (Bulletin) to announce temporary selling requirements for certain mortgages secured by properties that Hurricane Michael impacted, and borrowers whose properties or places of employment Hurricane Michael impacted. For properties located in eligible disaster areas that Hurricane Michael affected on or after October 11, the Bulletin, among other things, provides (i) age of documentation requirements that will remain in effect for six months; (ii) specific collateral requirements and guidance; and (iii) for reimbursement of property inspections completed on and before April 11, 2019, for sellers that meet certain requirements. The Bulletin notes that Freddie Mac will not update the Single-Family Seller/Servicer Guide to include the temporary requirements that the Bulletin announces, and advises sellers to retain a copy of the Bulletin to ensure compliance with these requirements.
Find continuing InfoBytes coverage on disaster relief here.
On October 31, Freddie Mac released Guide Bulletin 2018-19, which announces selling updates, including updates to the Settlement/Closing Disclosure Statement that sellers are required to use for mortgages with note dates on or after September 25, 2017. Effective immediately, Freddie Mac and Fannie Mae have jointly agreed that sellers “must create or obtain . . . the [c]losing [d]isclosure form for each [m]ortgage, regardless of whether another form might also be required by a [s]tate or local law.” Bulletin 2018-19 additionally states that, with the exception of certain servicing transactions, the Settlement/Closing Disclosure Statement means the closing disclosure required under TILA for mortgages subject to TRID rules, “whether or not the TRID rules apply to the transaction.”
Among other things, Bulletin 2018-19 also (i) updates certain rental income and documentation requirements; (ii) removes the special loan-to-value (LTV)/total LTV (TLTV)/Home Equity Line of Credit TLTV ratio requirements for a “no cash-out” refinance of a mortgage owned or securitized by Freddie Mac with settlement dates on or after February 1, 2019; and (iii) removes the mandatory expiration date on Guide Form 960 (the Concurrent Transfer of Servicing Agreement), eliminating the need for sellers to submit a new guide form each year.
It has been reported that during a hearing on October 29, a judge for the U.S. Bankruptcy Court for the Southern District of New York approved Lehman Brothers Holdings, Inc.’s motion to amend and extend indemnification claims brought against mortgage sellers, allowing Lehman to include an additional $2.45 billion in residential mortgage-backed securities (RMBS) allowed claims from settlements reached earlier this year. As previously reported by InfoBytes, these claims had not yet accrued when the original order was entered pursuant to Federal Rule of Bankruptcy Procedure 9024. Lehman’s prior claims addressed indemnification claims held against roughly 3,000 counterparties involving more than 11,000 mortgage loans related to litigation settlements reached with Fannie Mae and Freddie Mac.
According to the report, the judge stated her decision to allow the amendments will not delay litigation, nor abridge defendants’ rights, as discovery has not yet commenced. The judge’s decision further requires the parties to reach an agreement concerning an alternative dispute resolution regarding the claims.
On October 17, Freddie Mac released Guide Bulletin 2018-18, which announces selling updates, including a new chapter on properties affected by disasters. Effective November 19, the Freddie Mac Selling Guide will now include Chapter 4407, Properties Affected by Disasters, which outlines requirements and provides certain flexibilities for the origination of mortgages secured by properties impacted by disasters. The chapter also introduces a “major disaster plan,” which, if implemented by Freddie Mac, would allow for flexibilities in both documentation requirements and in value estimates for Freddie Mac Relief Refinance Mortgages.
The Bulletin also covers, among other things, (i) updates to the Loan Collateral Adviser for mortgages secured by condominium units; and (ii) updates to the requirements for Condominium Projects.
- Jonice Gray Tucker to discuss "Trends in regulatory enforcement" at the American Bar Association Banking Law Committee Meeting
- Jessica L. Pollet to discuss "Your career is impacting your life..." at the Ark Group Women Legal Conference
- Jon David D. Langlois to discuss "Successors in interest updates" at the Mortgage Bankers Association National Mortgage Servicing Conference & Expo
- Brandy A. Hood to discuss "Keeping your head above water in flood insurance compliance" at the Mortgage Bankers Association National Mortgage Servicing Conference & Expo