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Simply The Best Loans » 2009 » August

Archive for August, 2009

Mortgage Disclosure Improvement Act (MDIA)

Tuesday, August 11th, 2009

With mortgage applications taken after July 30, 2009, waiting periods will go into effect with regards to when and how disclosure forms are provided to the consumer.   The Mortgage Disclosure Improvement Act (MDIA) seeks to ensure that consumers receive disclosures earlier in the mortgage process. Here are some of the details: 

Good Faith Estimate and Truth in Lending Disclosures….required waiting periods.  Under MDIA, early disclosures are required for “any extension of credit secured by the dwelling of the consumer.”    Three business days from application, the consumer must receive an initial Good Faith Estimate and Truth in Lending (unless the borrower is denied at application).The earliest a transaction can possibly close is seven days after the initial disclosures have been issued by the lender (delivered in person, mailed, emailed, etc.).    This is assuming no re-disclosure is required.  Re-disclosure (waiting periods after the early disclosure and corrected disclosures) of the GFE/TIL are triggered if the fees and charges are more than 10%; if the APR is more than 0.125% or a change in loan terms.   Three business days must pass in the event of re-disclosure.  

Re-disclosing is nothing new, it typically happened at closing–this will no longer be acceptable.    Mortgage originators “should compare the APR at consummation with the APR in the most recently provided corrected disclosures (not the first set of disclosures provided) to determine whether the creditor must provide another set of corrected disclosures”. Read the press release regarding the Mortgage Disclosure Improvement Act on the Federal Reserve’s website:  http://www.federalreserve.gov/newsevents/press/bcreg/20090508a.htm

Housing Rebound: Have We Hit Bottom Yet?

Monday, August 10th, 2009

While this will eventually be known as one of the worse housing recessions in our history and there are indications that the housing market beginning to stabilize, it is hard to tell if we’ve hit rock bottom yet.  Dean Baker of the Center for Economic and Policy Research says, “The freefall is over.”  That said, the expectation is that the market will continue to hang out here ‘at the bottom’ for several more months, possibly into early next year.

Unemployment is steadily increasing and expected to go over 10% nationwide, it’s pushing 15% in some states already, and it will be difficult for the housing market to truly settle if people continue to struggle to make their mortgages or are unable to due to lack of income from job loss.

Currently short sales are on the rise and could increase as more homeowners find themselves with poor job prospects after layoffs.  Massive layoffs at Bank of America and Wachovia in their home state of North Carolina has taken a serious toll on the housing market in and around the Charlotte area.  Florida, already suffering from one of the highest foreclosure rates in the country, suffered yet another blow last week when mortgage giant Taylor Bean Whitaker closed its doors for good.  Approximately 1000 employees were suddenly out of work.

The problem about knowing if you’ve reached the bottom is—you only know for certain you were there once you’ve started to climb up on the other side.  It may be a while before we can confidently look over our shoulders and say, yep, that was the bottom!

FHA Offers Answers through WIKI

Sunday, August 9th, 2009

FHA now has a section on their website for consumers and loan officers to go and get answers to questions regarding all areas of FHA lending.  It’s called FHA WIKI.  It’s listed under resources on this site on the right-hand side of the page or you can simply click on it in the body of this post.  If you have questions about the loan process, underwriting guidelines, qualifying process or anything related to FHA lending, this is a great reasource.

FHA Suspends TBW–TBW Shuts Down

Saturday, August 8th, 2009

On Tuesday, the Federal Housing Administration (FHA) suspended Taylor Bean Whitaker (TBW) from originating or underwriting mortgage loans for FHA. 

“The FHA said in a written statement that TBW is the third largest direct endorsement lender of FHA-insured loans and the eighth largest issuer of Ginne Mae mortgage-backed securities.”

According to the Wall Street Journal’s report on Tuesday, Taylor Bean failed to submit a required annual financial report and to disclose to the FHA “certain irregular transactions that raised concerns of fraud.”

TBW was shut down on Wednesday and approximately 1000 employees found themselves out of work.  This closure will have a significant impact on both mortgage brokers and borrowers seeking FHA financing.

Steps you can take to get a good appraisal!

Wednesday, August 5th, 2009

Since the new regulations don’t ensure that you will get a fair and/or accurate appraisal, it’s important that you, the homeowner, know what you can do.  If you are refinancing, it would be a good idea to talk to an experienced realtor about property values and comparables for your home. 

After finding out as much as you can about recent sales, talk to your neighbors and find out if there were any unusual circumstances surrounding recent sales, such as a homeowner that was out of work trying to avoid foreclosure, short sales, a couple divorcing, etc.

If you find properties with good sales prices that are reasonable comparables for your home, be sure to note them down and share the list with the appraiser. 

Curb appeal helps—appraisers are not evaluating your housekeeping skill but you want your home to appear in its best light just as you would if you were having an open house.  Yard and flower beds should look tended and tidy.

Once the appraisal is complete, you are entitled to a copy, even if you paid for it through a lender.  Review it carefully.  Make sure the details regarding the square footage, rooms, and features are accurate. 

If you find mistakes or other items to question, contact the appraiser directly and ask him/her to correct and/or explain their assessment.  If the value is lower than you expected and you have your list of good comparables, review them again with the appraiser and ask for an explanation of why they weren’t included or ask for them to be included in the valuation. If the appraiser is not willing to make corrections or updates to the original report, you can file a complaint with your state’s real estate appraisal board.

Appraisals: Are You Getting Your Home’s True Value?

Monday, August 3rd, 2009

The new appraisal regulations that went into effect earlier this year were designed to protect consumers from inflated appraised values on homes because lenders would no longer be able to ’push’ appraisers to give them a higher value.  When the market was hot, a lender would ’suggest’ the value the home should appraise for to ensure that the deal would fit the lender’s program. Also, prior to the guidelines changes, many appraisers worked directly for the lenders and were, therefore, more incline to follow the lender’s suggestions.  After the bust, many homeowners discovered their home could not reasonably be valued for the price they paid and were, at times, upside down in their mortgage, meaning they owed more than the home’s value.  While other factors contributed to lower values in many of the nation’s markets, inflated appraisals were a factor for many homeowners. 

The new guidelines, designed to protect the consumer, are now having just the opposite effect.  With the significant drop in interest rates this year and a very tight economy, many homeowners, wanting to refinance to save money, discovered that the new appraisal guidelines are working against them again.  

Appraisals have to be ordered through a third-party, which often results in an appraisal being assigned to whoever can get the appraisal done the fastest.  The changes in the forms and guidelines have also resulted in a significant increase in the cost of the appraisal.  While there are many professional appraisers with a strong sense of integrity, there are still a lot of appraisers that are simply sloppy and fail to be conscientious about their final report.  Again, if the appraiser ‘assigned’ doesn’t know the area, isn’t familiar with the market and doesn’t look for appropriate comparables, the homeowner is the one that suffers the consequences. 

Next, Steps you can take to make sure you get a fair appraisal! 

 

What are the benefits of the NMLS?

Sunday, August 2nd, 2009

What are the benefits of the NMLS?  There are many.

First, all state mortgage regulators have access to one uniform set of data for any given mortgage company and the individuals associated with it. Now, there is no way for a “bad apple” in the industry to skip town and attempt to get licensed in a new state without being detected. Second, it streamlines the mortgage licensing process for mortgage companies throughout the country. 

In addition to the standardized “MU” forms required for registration in the NMLS, each state will also have its own specific set of requirements such as fingerprint cards, bonding, financial statement formats, net worth, mortgage industry experience, pre-licensing education, pre-licensing testing, in-state offices, loan officer licensing, continuing education, dual employment restrictions, compensation format requirements, etc. These additional requirements will all have to be satisfied in order to be licensed in any particular state.

The NMLS only provides company users with a list of state-specific documents that must be submitted as part of the mortgage licensure process in any given state. The NMLS does not provide any information relating to state licensing laws. Given this, ALL mortgage companies MUST read and understand state mortgage licensing statutes and administrative rules PRIOR to starting the mortgage licensing process in any state. Not doing so will either lead to very expensive mistakes or substantial delays in licensing.  Remember, state regulators still make the licensing decision!  Keep in mind, the NMLS is not a regulatory body! It is only a central repository of licensing information. All licensing decisions will continue to be made by individual state mortgage regulatory agencies.  For more information about the NMLS, pre-licensing and continuing education courses, visit www.mortgagetrainingconcepts.com   

What is NMLS?

Saturday, August 1st, 2009

The National Mortgage Licensing System and Registry or NMLS, was created to maintain a centralized mortgage industry database that can be accessed by mortgage regulatory agencies around the country. In order to accomplish this task, every state which has agreed to join the NMLS has foregone state-specific application forms in favor of a uniform, national set of application forms. These national application forms, entitled MU1, MU2, MU3 and MU4, involve information related to the mortgage companies, their principals, branch offices and loan originators. The original paper forms that bore these names have been replaced by online application forms. New mortgage companies will file original license applications using the online NMLS registration process, and all existing, licensed mortgage companies will eventually need to transition to the online registration process to upload their information. The transition process for existing licensees will typically be handled during the license renewal process.