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  • Ginnie Mae issues APM on treatment of mortgage delinquency ratios for issuers

    Federal Issues

    On May 14, Ginnie Mae issued APM 20-06 on the treatment of mortgage delinquency ratios for users affected by Covid-19. Under the Mortgage Backed Securities Guide, an issuer that fails to maintain delinquency rates below certain specified threshold levels may be subject to sanctions. Recognizing that Covid-19 related hardships may cause issuers to experience delinquency rates that exceed the maximum thresholds, effective immediately, Ginnie Mae will exclude any new issuer delinquencies occurring on or after April 2020 when calculating the delinquency ratios. This exclusion will automatically apply to issuers that had delinquency rates below the applicable thresholds as reflected by their April 2020 investor accounting report, reflecting March 2020 servicing data. Issuers that were not compliant with these provisions as of their April 2020 report must contact their Account Executive to determine their eligibility for this exclusion. The exemptions and delinquent loan exclusions automatically expire on December 31, 2020, unless rescinded earlier or extended by Ginnie Mae, or the end of the national emergency, whichever comes earlier.

    Federal Issues Covid-19 Ginnie Mae Mortgages

  • New York regulator updates Covid-19 resource page for consumers and small businesses

    State Issues

    The New York Department of Financial Services has updated its resource page providing information for consumers and small businesses relating to Covid-19. The resource page provides information on, among other things, deferrals of insurance premium payments, the federal CARES Act legislation, and essential businesses guidance and FAQs.

    State Issues Covid-19 New York Consumer Finance Small Business CARES Act

  • Michigan prohibits removal or exclusion of tenant or mobile home owner from their home

    State Issues

    On May 14, the Michigan governor issued an executive order temporarily prohibiting the entry to premises to remove or exclude a tenant or mobile home owner from their home, except for certain limited reasons. While the executive order does not prohibit a landlord or vendor from receiving payment or making a demand for rent or executory contract payment, such a demand may not include a threat of possession or forfeiture based on nonpayment. Officers also may not serve process requiring forfeiture of leased residential premises or residential premises held under a forfeited executory contract. The prohibitions are effective immediately and will continue until June 11, 2020, at 11:59 p.m. Further, until 30 days after any restrictions on eviction in the executive order expire, any statutory limits on the Michigan courts to adjourn proceedings, toll redemption periods or limitations periods, or extend any deadlines, are suspended.

    State Issues Covid-19 Michigan Mortgages Evictions

  • Small Business Administration requires lenders to review loans in CAFS for accuracy and completeness

    Federal Issues

    On May 14, the Small Business Administration announced that it had launched a new search functionality within the E-Tran Servicing section of the Capital Access Financial System (CAFS) to assist Paycheck Protection Program lenders with reviewing loans in their portfolios. Lenders are required to review all fields in these files for accuracy and completeness by no later than 5:00pm EDT on May 15, 2020. The SBA also provided updated instructions on how to access CAFS and update records in “Research” status.

    Federal Issues Covid-19 SBA Lending

  • FHA issues mortgagee letter extending guidance on employment reverification and appraisals

    Federal Issues

    On May 14, the FHA issued Mortgage Letter 2020-14, which extends the effective period of the guidance in Mortgagee Letter 2020-05 allowing for flexibility relating to employment reverification and appraisal protocols for FHA single family programs affected by Covid-19 until June 30.

    Federal Issues Covid-19 FHA Mortgages Appraisal

  • Freddie Mac issues bulletin on servicing relating to Covid-19

    Federal Issues

    On May 14, Freddie Mac issued Bulletin 2020-16 providing temporary servicing guidance related to Covid-19. The bulletin provides clarity in the following areas: (i) the extension of the Covid-19 foreclosure moratorium announced in Bulletins 2020-4 and 2020-10 until June 30, (ii) property inspections for delinquent mortgages, (iii) default reporting for mortgages impacted by Covid-19, (iv) property valuations for short sales and deeds-in-lieu of foreclosure, (v) Home Affordable Modification Program (HAMP) good standing for mortgages on a Covid-19 forbearance plan, repayment plan, or Covid-19 payment deferral, and (vi) the National Emergency Declaration effective date.

    Federal Issues Covid-19 Freddie Mac Foreclosure Mortgages Forbearance

  • Fannie Mae updates guidance on payment deferrals and loan modifications after a forbearance and extends foreclosure moratorium

    Federal Issues

    On May 14, Fannie Mae updated Lender Letter 2020-02 to provide updates regarding the reclassification process for certain pooled loans in response to the CARES Act.  The letter (previously discussed here) also provides guidance on evaluating a borrower for a payment deferral or mortgage loan modification after a forbearance and extend its foreclosure moratorium until June 30. The guidance on post-forbearance evaluations provides certain flexibility with respect to achieving quality right party contact (QRPC). Fannie Mae has eliminated the requirement that the servicer determine the occupancy status of the property and will consider the servicer as having achieved QRPC for purposes of evaluating a borrower who has experienced a hardship arising from Covid-19 if the servicer takes certain steps. Fannie Mae also extended the availability of certain post-disaster mortgage loan modifications in the Servicing Guide to borrowers impacted by Covid-19. The letter also extends Fannie Mae’s suspension of foreclosure-related activities until June 30.

    Federal Issues Covid-19 Fannie Mae Forbearance Foreclosure CARES Act

  • FHA issues mortgagee letter on extension of foreclosure and eviction moratoriums

    Federal Issues

    On May 14, FHA issued Mortgagee Letter 2020-13, which extends the foreclosure and eviction moratorium in connection with the Covid-19 emergency and issues new reporting requirements related to FHA single family’s CARES Act loss mitigation options. The foreclosure moratorium is extended to June 30, 2020, and applies to FHA-insured single family mortgages, except vacant or abandoned properties. The moratorium on evictions of persons from properties securing FHA-insured single family mortgages, excluding actions to evict occupants of legally vacant or abandoned properties, is also extended for the same period. The bulletin also provides guidance on how mortgagees must report the Default/Delinquency Reason Codes that apply to the borrower at the end of each reporting cycle. The mortgagee must update the code as the borrower’s circumstances change.

    Federal Issues Covid-19 FHA Mortgages Foreclosure Evictions Loss Mitigation CARES Act

  • Michigan regulator encourages financial institutions to avoid offsetting CARES Act stimulus payments

    State Issues

    On May 14, the Michigan Department of Insurance and Financial Services issued a bulletin “strongly” urging Michigan financial institutions not to access CARES Act stimulus payments to satisfy overdrafts or to exercise any right of offset against the funds without the agreement of the customer or member. The regulator also “strongly” urged financial institutions not to use CARES Act stimulus payments for ATM, late payment, overdraft, or other fees.

    State Issues Covid-19 Michigan CARES Act Bank Compliance ATM Overdraft

  • FTC and SBA warn companies about misleading PPP marketing

    Federal Issues

    On May 14, the FTC and SBA sent letters to two companies for allegedly misleading small businesses seeking Paycheck Protection Program (PPP) loans. The first letter was sent to a California-based media company, which owns the web address “sba.com.” The letter claims the website suggests an “an affiliation or relationship with the SBA and approved PPP lenders” and encourages customers to apply for PPP loans through the site. The second letter, sent to a Utah-based company, asserts the company and its affiliate lead generators may be violating Section 5 of the FTC Act. Among other things, the FTC notes that one of the company’s affiliate lead generators advertises itself as an SBA loan packager for a $495 fee, even though the SBA prohibits lead generators from charging fees to PPP loan applicants. Both letters instruct the recipients to remove all deceptive claims and advertisements and remediate any harm that may have been caused. The letters require the companies to notify the FTC within 48 hours of the actions taken in response.

    Federal Issues Covid-19 FTC FTC Act SBA Deceptive Small Business Lending

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