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Missouri secretary of state announces approved remote notary vendors
On April 10, Missouri’s secretary of state announced three approved electronic notary service providers, noting that additional vendors are expected to be approved at a later time. The announcement came in light of the state’s shift to remote practices in response to the Covid-19 crisis.
Maryland secretary of state provides updated guidance on remote notarizations
On April 10, Maryland’s secretary of state provided updated guidance regarding the waived in-person notarization requirement as part of the state’s Covid-19 response. The guidance provides requirements for performing remote notarizations, lists remote notary vendors, and provides a brief set of FAQ pertaining to remote notary practices in general. The temporary waiver of the in-person notarization requirement was ordered by Governor Hogan on March 30, and is set to expire when the declared state of emergency lifts.
Illinois regulator permits credit unions to offer PPP loans to non-members
On April 10, the Illinois Department of Financial and Professional Regulation authorized state-chartered credit unions to offer current and future government assistance programs created as a result of the COVID-19 pandemic, including loans made under the Small Business Administration’s Paycheck Protection Program, to members of other Illinois state-chartered credit unions. Credit unions doing so must maintain documents demonstrating that the individual or business seeking assistance is a member of another Illinois state-chartered credit union and that the credit union at which the person is a member is unwilling or unable to provide the applicable government assistance.
Alaska calls for moratorium on foreclosures and evictions as part of a broader state bill
On April 10, Alaska enacted into law legislation that extended a moratorium on foreclosures, evictions, and repossessions, and also called for forbearance plans pertaining to specific state loans. The bill extended the governor’s March 11 executive order declaring a state of emergency and imposed temporary changes to state laws and regulations in response to the Covid-19 crisis. Legislative action was required to extend the governor’s executive order beyond 30 days.
New Jersey mandates 90-day grace period for insurance policyholders
On April 10, the New Jersey Department of Business and Insurance issued Bulletin 20-17 directing insurance premium finance companies to provide a 90-day grace period to pay insurance premiums to any clients experiencing a financial hardship due to Covid-19. In addition, the bulletin directs companies to (i) waive late payment fees, finance charges, and delinquency charges and not report late payments to credit rating agencies; (ii) allow payments not paid during the 90-day period to be paid over 12 months or the remainder of the policy term, whichever is longer; and (iii) ensure that late payments are not considered in future premium calculations.
Department of Veterans Affairs issues updated circular on valuation practices during Covid-19
On April 10, the Department of Veterans Affairs (VA) issued Circular 26-20-13, which rescinds Circular 26-20-11 and updates guidance and instructions for valuations and appraisals for all VA home loan purposes. In light of the Covid-19 pandemic, valuations may be constituted by an Exterior-Only appraisal with enhanced assignment conditions or in limited instances, a Desktop Appraisal. While broader use of exterior inspections is permitted, appraisals must still follow the same procedures of the VA appraisal process and are still required to meet Uniform Standards of Appraisal Practice and state requirements for delivering an appraisal that meets those qualifications. The circular provides specific guidance on, among other topics, exterior-only appraisals, Reconsideration of Values for certain transactions, the issuance of Memorandums of Values, termite inspections, and the VA’s expectations regarding communication between the Veteran, lender, appraiser, and other stakeholders. Additionally, the circular includes Exhibit A, which contains a modified appraisal report for Desktop Appraisals. The circular is effective for all loans where the application date was made on, or after, the date of the circular and until further notice or the rescission of the circular on April 1, 2021.
On May 8, the VA updated provisions of Circular 26-20-13 to provide further clarification on the effective date of the temporary guidance as well as additional valuation information. As stated, the temporary guidance is "effective for all loans closed on, or after March 13, 2020, and until further notice or the rescission of this Circular."
Ginnie Mae announces changes to its Pass-Through Assistance Program in response to Covid-19
On April 10, Ginnie Mae issued APM 20-03, announcing that Ginnie Mae has revised and expanded the Issuer assistance programs in Chapter 34 of the Mortgage Backed Securities Guide (MBS Guide), including the Pass-Through Assistance Program (PTAP). PTAP/C19—the PTAP that is specifically authorized for use in response to the Covid-19 national emergency—is available for Issuers that apply for assistance through an executed request and repayment agreement, and subject to a Master Supervisory Agreement, which will govern the terms of the assistance. The PTAP funds will carry a fixed interest rate for all Issuers requesting assistance in that month, to be posted on Ginnie Mae’s website on the second business day of each month. Funds may only be used to cover shortfalls in required principal and interest payments, and may not be used for any other fees or operational costs of the servicer. In addition, Issuers may only request assistance once in any given month. While neither a request for assistance nor the provision of assistance under the program will constitute a basis for default under the Ginnie Mae Guarantee Agreement, any breach of the Master Supervisory Agreement or related Request and Repayment Agreements will constitute an event of default under the Master Supervisory Agreement and related Request and Repayment Agreements, the MBS Guide and the Guaranty Agreement. The APM provides additional information for third-party financers and issuers on topics including use of the PTAP/C19 funds and the deadline for seeking PTAP/C19 assistance.
HUD issues mortgagee letter regarding Section 223(f) underwriting mitigants for multifamily housing projects
On April 10, HUD released Mortgagee Letter 2020-11 to Multifamily Regional Directors, Production Directors, Operations Officers, and FHA MAP Lenders regarding Section 223(f) underwriting mitigants for multifamily housing projects due to the economic impact of Covid-19. Specifically, HUD takes the position that the Covid-19 emergency constitutes a “material change” that requires underwriting mitigants to reduce this additional risk. As such, the letter provides instructions to HUD staff about mitigants that may be included in the Firm Commitment for Section 223(f) loans that are in process, as well as for projects where a Firm Commitment has been issued. Among other things, HUD imposes certain debt service reserve requirements for both market rate transactions and affordable transactions. HUD also requires that, at endorsement, cash out proceeds in excess of 250% of the non-critical repair escrow be used to fund the debt service reserve account. The letter is effective immediately and lasts until HUD determines that additional mitigants for Section 223(f) transactions are no longer required.
HUD issues mortgagee letter on implementation of CARES Act forbearance
On April 10, HUD issued Mortgagee Letter 2020-09 to FHA Approved Multifamily Mortgagees regarding implementation of CARES Act forbearance. The letter includes guidelines on CARES Act forbearance for FHA insured mortgages, 542(b) and (c) risk share mortgages, and HUD-held loans. Among other things, the guidance notes that HUD will not participate in the negotiation of forbearance repayment between multifamily borrowers and lenders. However, if the forbearance agreement contains actions requiring HUD approval, a copy of the forbearance agreement must be provided to HUD.
The letter also provides guidance on continuing program obligations and the post-forbearance period. Mortgagees are reminded that during the forbearance period, all other material terms and conditions of the HUD Loan Documents and the FHA Regulatory Agreement remain in effect. The letter notes that Lenders should use Multifamily Delinquency and Default Reporting System to record post-forbearance delinquencies and defaults. Finally, the letter notes that HUD has reviewed the MBA’s sample forbearance agreement drafted in April 2020, and stated that forbearance agreements that follow this format would not be submitted to HUD prior to execution and implementation by the lender and borrower. HUD is also developing its own form for lenders and borrowers to use.
Fintechs can now apply to be lenders under the PPP
The Small Business Administration (SBA) and the Treasury Department released a lender agreement for non-bank and non-insured depository institution lenders seeking to make SBA-guaranteed financing under the Paycheck Protection Program (PPP) as part of the CARES Act. The agreement sets forth attestation requirements for two subsets of eligible lenders. Group A attestation requirements relate to depository or non-depository financing providers who have, among other things, “originated, maintained, and serviced more than $50 million in business loans or other commercial financial receivables during a consecutive 12 month period in the past 36 months.” Group B attestation requirements relate to service providers of insured depository institutions, who among other things: (i) must have a contract to support an insured depository institution’s lending activities; and (ii) within the past three years, must have been subject to an examination by the Federal Reserve, OCC, or FDIC in connection with that role. Unless an earlier termination occurs, lenders under the agreement will have “authority to make covered loans” until July 1, 2020.
As previously covered by InfoBytes, the SBA, in consultation with the Treasury Department, recently updated PPP frequently asked questions to provide additional clarifications to lenders and borrowers.
Please see Buckley’s dedicated SBA page, which includes additional SBA resources.