Written By: Stacey Sprain, Op-Ed Writer

I’ve noticed a few recent questions and comments listed in chat rooms and blogs in regards to confusion and questions on HUD’s S.A.F.E. Act licensing requirements as they relate to the capacity of loan processors and underwriters. Because of my own curiosity, I’ve “dug in” and started doing a little reading up on the topic and here is the information I’ve found that may provide answers to the licensing question- “required to be licensed or not required to be licensed.”

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What exactly is the S.A.F.E. Act?

According to HUD’s explanation, the SAFE Act is designed to enhance consumer protection and reduce fraud by encouraging states to establish minimum standards for the licensing and registration of state-licensed mortgage loan originators and for the Conference of State Bank Supervisors (CSBS) and the American Association of Residential Mortgage Regulators (AARMR) to establish and maintain a nationwide mortgage licensing system and registry for the residential mortgage industry for the purpose of achieving the following objectives:

(1) Providing uniform license applications and reporting requirements for state licensed-loan originators;
(2) Providing a comprehensive licensing and supervisory database;
(3) Aggregating and improving the flow of information to and between regulators;
(4) Providing increased accountability and tracking of loan originators;
(5) Streamlining the licensing process and reducing regulatory burden;
(6) Enhancing consumer protections and supporting anti-fraud measures;
(7) Providing consumers with easily accessible information, offered at no charge, utilizing electronic media, including the Internet, regarding the employment history of, and publicly adjudicated disciplinary and enforcement actions against, loan originators;
(8) Establishing a means by which residential mortgage loan originators would, to the greatest extent possible, be required to act in the best interests of the consumer;
(9) Facilitating responsible behavior in the subprime mortgage market place and providing comprehensive training and examination requirements related to subprime mortgage lending;
(10) Facilitating the collection and disbursement of consumer complaints on behalf of state mortgage regulators.

When does the Act become effective?

The SAFE Act encourages states to participate in the Nationwide Mortgage Licensing System and Registry, and requires states to have in place, by law or regulation, a system for licensing and registering loan originators that meets the requirements of sections 1505, 1506, and 1508(d) of the SAFE Act. The SAFE Act requires the states to have the licensing and registration system in place by: (1) July 31, 2009, for states whose legislatures meet annually; and (2) July 31, 2010, for states whose legislatures meet biennially. For both this 1-year period and 2-year period, HUD may extend the deadline, by not more than 24 months, if HUD determines that a state is making a good faith effort to establish a state licensing law that meets the minimum requirements of the SAFE Act.

While states are charged with enacting licensing standards that meet the requirements of the SAFE Act, overall responsibility for interpretation, implementation, and compliance with the SAFE Act rests with HUD. In this regard, CSBS and AARMR requested that HUD review the model legislation, and advise of its sufficiency in meeting applicable minimum requirements of the SAFE Act. State legislation that follows the provisions of the model legislation, whether by statute or regulation, will be determined to have met the applicable minimum requirements of the SAFE Act. You may review the Safe Act Model State Law by visitinghttp://www.hud.gov/offices/hsg/ramh/mps/modellaw.pdf.

Based on the review of the model, it would seem that HUD’s intention is for licensing requirements to apply to those persons who serve in the capacity of a loan originator, according to their extremely complex and complicated definition of “loan originator.”

It appears that HUD’s model definitions of a Loan Processor, Underwriter or Mortgage Loan Originator are as follows:

MSL XX.XXX.030 DEFINITIONS—For purposes of this Act, the following definitions shall apply:

…
(5) LOAN PROCESSOR OR UNDERWRITER—

(a) IN GENERAL—The term ‘‘loan processor or underwriter’’ means an individual who performs clerical or support duties as an employee at the direction of and subject to the supervision and instruction of a person licensed, or exempt from licensing under [reference appropriate state mortgage licensing laws here.

(b) CLERICAL OR SUPPORT DUTIES—For purposes of subsection (a), the term ‘‘clerical or support duties’’ may include subsequent to the receipt of an application—
(i) The receipt, collection, distribution, and analysis of information common for the processing or underwriting of a residential mortgage loan; and
(ii) Communicating with a consumer to obtain the information necessary for the processing or underwriting of a loan, to the extent that such communication does not include offering or negotiating loan rates or terms, or counseling consumers about residential mortgage loan rates or terms.

(c) REPRESENTATIONS TO THE PUBLIC—An individual engaging solely in loan processor or underwriter activities, shall not represent to the public, through advertising or other means of communicating or providing information including the use of business cards, stationery, brochures, signs, rate lists, or other promotional items, that such individual can or will perform any of the activities of a mortgage loan originator.

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(6) MORTGAGE LOAN ORIGINATOR—

(a) IN GENERAL—The term ‘‘mortgage loan originator’’—
(i) Means an individual who for compensation or gain or in the expectation of compensation or gain—
(A) Takes a residential mortgage loan application; or
(B) Offers or negotiates terms of a residential mortgage loan;
(ii) Does not include an individual engaged solely as a loan processor or
underwriter except as otherwise provided in MSL XX.XXX.040(4);
(iii) Does not include a person or entity that only performs real estate brokerage activities and is licensed or registered in accordance with [State] law, unless the person or entity is compensated by a lender, a mortgage broker, or other mortgage loan originator or by any agent of such lender, mortgage broker, or other mortgage loan originator; and
(iv) Does not include a person or entity solely involved in extensions of credit relating to timeshare plans, as that term is defined in section 101(53D) of title 11, United States Code.…

(10) REGISTERED MORTGAGE LOAN ORIGINATOR—

The term ‘‘registered mortgage loan originator’’ means any individual who—

(a) Meets the definition of mortgage loan originator and is an employee of—
(i) A depository institution;
(ii) A subsidiary that is—
(A) Owned and controlled by a depository institution; and
(B) Regulated by a Federal banking agency; or
(iii) An institution regulated by the Farm Credit Administration; and

(b) Is registered with, and maintains a unique identifier through, the Nationwide Mortgage Licensing System and Registry.

As referenced above in (6)(B)(ii)… In the definition of MORTGAGE LOAN ORIGINATOR: (ii) Does not include an individual engaged solely as a loan processor or underwriter except as otherwise provided in MSL XX.XXX.040(4). Here is the verbiage of importance in XX.XXX.040(4);

(4) INDEPENDENT CONTRACTOR LOAN PROCESSORS OR UNDERWRITERS—

A loan processor or underwriter who is an independent contractor may not engage in the activities of a loan processor or underwriter unless such independent contractor loan processor or underwriter obtains and maintains a license under MSL XX.XXX.040(1). Each independent contractor loan processor or underwriter licensed as a mortgage loan originator must have and maintain a valid unique identifier issued by the Nationwide Mortgage Licensing System and Registry.

The following verbiage pertains to MSL XX.XXX.040(1) referenced above:

(1) IN GENERAL—An individual, unless specifically exempted from this Act
under subsection (3) of this section, shall not engage in the business of a mortgage loan originator with respect to any dwelling located in this State without first obtaining and maintaining annually a license under this Act. Each licensed mortgage loan originator must register with and maintain a valid unique identifier issued by the Nationwide Mortgage Licensing System and Registry.

The following verbiage pertains to subsection (3) as referenced above:

(3) EXEMPTION FROM THIS ACT—

http://www.hud.gov/offices/hsg/ramh/mps/modellaw.pdf

(a) Registered Mortgage Loan Originators, when acting for an entity described in MSL XX.XXX.030(10)(a)(i),(ii) or (iii) are exempt from this Act.

(b) Any individual who offers or negotiates terms of a residential mortgage loan with or on behalf of an immediate family member of the individual.

(c) Any individual who offers or negotiates terms of a residential mortgage loan secured by a dwelling that served as the individual’s residence.

(d) A licensed attorney who negotiates the terms of a residential mortgage loan on behalf of a client as an ancillary matter to the attorney’s representation of the client, unless the attorney is compensated by a lender, a mortgage broker, or other mortgage loan originator or by any agent of such lender, mortgage broker,
or other mortgage loan originator.

The following verbiage pertains to MSL XX.XXX.030(10)(a)(i),(ii) or (iii) as referenced above:

(10) REGISTERED MORTGAGE LOAN ORIGINATOR—

The term ‘‘registered mortgage loan originator’’ means any individual who—

(a) Meets the definition of mortgage loan originator and is an employee of—
(i) A depository institution;
(ii) A subsidiary that is—
(iii) An institution regulated by the Farm Credit Administration.

Now based on how I personally read all of the above, I drew the conclusion that HUD’s intent is to allow exemption of processors and underwriters if they are reporting to a licensed or registered person or entity. However, I also drew the conclusion that licensing is to be required of independent contracting processors and underwriters who are not W2 employees of an exempted entity. Though there is some conflicting language between HUD’s explanations given on their SAFE Act home page versus the model language, based on reading through the detailed back and forth referencing between all sections, it would certainly seem to me that non-W2 employed processors and underwriters are not considered to be under the direct supervision or reporting under a licensed or registered person or entity.

Whether or not my conclusions are 100% correct is simply another question. I am most definitely not an attorney nor do I wish to represent myself as a licensing expert by any means. But based on additional reading out on the web it would certainly seem as though my conclusions are shared with a number of high-ranking state agencies as well. I would certainly value any feedback from others of you out there who have had opportunity to research these licensing requirements and any added information you feel might be valuable to our dedicated readers.

Here are a few resources from which I gathered the information contained herein:

- HUD SAFE Mortgage Licensing Act Home Page:http://www.hud.gov/offices/hsg/ramh/safe/smlicact.cfm
- Safe Act Model State Law:http://www.hud.gov/offices/hsg/ramh/mps/modellaw.pdf
- HUD Safe Act FAQ:http://www.hud.gov/offices/hsg/ramh/safe/safeactfaq.pdf

For further information, Contact:
HUD
Office of Regulatory Affairs and Manufactured Housing
Department of Housing and Urban Development
451 Seventh Street, SW
Rm. 9162
Washington, DC 20410-8000
Telephone: (202) 708-6401
FAX: (202) 708-2678
Email: safeprogram@hud.gov

Need FHA Training? CLICK HERE: http://www.FHA-Classes.org

About The Author

Stacey Sprain - As an op-ed writer, Ms. Stacey Sprain is currently a NAMP® Certified Ambassador Loan Processor (NAMP®-CALP). With over 15+ years of mortgage banking experience, Stacey is also a Quality Control Manager for a major mortgage lending institution.

Jul 10, 2015

In Front of the Eight Ball

Written By: Bonnie Wildt

I have said it before and I will say it again and that is, do not believe everything you hear or read for that matter. In this particular instance I am referring to AUS Findings. I have had countless conversations with processors and loan officer who want to know why I am asking for documentation that the AUS findings have clearly stated wasn’t needed or worse, they can’t believe I am turning a loan down that has an Approve/Eligible. So here it is again and pay particular attention to the details because just because you have an Approve/Eligible or Accept doesn’t necessarily mean you have a done deal.

Jul 1, 2015

The Determining Factor

Written By: Bonnie Wildt, Op-Ed Writer

From a mortgage approval standpoint I still find that most mortgage professionals are still stuck in the wonderful world of AUS. As in bygone days, they believe that if a case receives an automated underwriting approval then the case will be approved, no questions asked, no additional documentation required. Well, I am here to tell you, that’s just not the case.

Aug 10, 2012

Meatball Processing

Written By: Bonnie Wilt-Hild

I know, it doesn’t sound like something that any self respecting processor would engage in but it is happening all around us, it being meatball processing. Defining it is easy enough as well, just think processing on the fly and the end results as you can well imagine is a loan approval or more often, suspense, that resembles the collective works of Shakespeare, at least in page length and as we get busier, the items overlooked during processing continues to grow.

Jul 27, 2012

Further Due Diligence

As underwriters, many of us spend our days reviewing guidelines, interpreting guidelines, answering questions with regard to guidelines and applying the now never ending overlays from our investors with regard to guidelines. Underwriting guidelines apply to every loan product and differ depending on which type of product you are underwriting however there are many common sense areas that apply to underwriting that are not addressed in handbooks.

Jul 13, 2012

The Truth about Underwriters

A few days ago a friend and I were laughing over the fact that most people, including mortgage industry professionals, wonder if underwriters really exist. I myself have had staff from various brokers offices (which I do visit from time to time) say to me, “We have heard about underwriters but have never really seen one.

Jun 29, 2012

Total Scorecard, Credit Docs and Appraisal Dates

Seems there have been a few issues lately with regard to Total Scorecard findings and validity as well as misconceptions with validity periods for both appraisals and credit documents (credit reports) on FHA insured mortgage types so I thought it not a bad idea to clear a couple of things up.

Jun 15, 2012

Streamline Refinance Transactions

Call it portfolio retention or risk management, but as of Wednesday, I had several of my investors pull out of the market where non-credit qualifying (streamline’s without appraisal) FHA streamline refinance transactions were concerned. Several have said they would only purchase them if they were currently servicing the loan and I now have one other who has changed guidelines on credit qualifying streamline refinance transaction to require a minimum median credit score of 700 for loan amounts less than 417,000 and 720 for loan amounts greater than 417. All of this just as everyone rev’s up for the reduction in UFMIP to .01%.

May 25, 2012

Further Analysis

Residential mortgage underwriting is defined as the overall credit and valuation analysis of a particular borrower or borrowers with regard to overall financial health as well as the evaluation of collateral that might be used to secure the mortgage and as underwriters we relate this particular evaluation to calculation of housing to income and debt to income ratio’s, the evaluation of a borrower’s credit history as well as the review of a property appraisal.

May 11, 2012

We Used To Call It Home

Over the past 5 years I have had many conversations with people regarding the housing market which invariably becomes a discussion as to who is at fault for the collapse in 2007. Depending on who you are talking too, the blame is laid at the feet of big banks or mortgage brokers, Wall Street, FNMA or FHLMC and of course the diagnosis is generally that one or all of the aforementioned groups did it out of greed.

Apr 27, 2012

How Do You Underwrite That?

FHA issued a bulletin on April 18, 2012 informing the industry about HUD approved nonprofit participation in FHA loan financing. Basically HUD allows approved nonprofit agencies to act as a mortgagor utilizing FHA insured financing to purchase homes which will be designated for resale to low to moderate income families or in some instances rented to low moderate income families and as you can imagine where the affordable housing program concerned as it pertains to the rental units, the nonprofits may actually have more than one FHA insured mortgage.

Apr 13, 2012

Mutual Interest Management Style

Every lender operation is different. Some are operations friendly and others sales friendly and fortunately some are in between. As an industry educator as well as underwriter, I have many opportunities to talk to be originators and underwriters and as you can well imagine, many of those conversations end up being discussions about unreasonable underwriters asking for unnecessary file documentation and if I am speaking with underwriters, they always go in the direction of how management does not support them as underwriters and that they

Mar 30, 2012

HARP 2.0

I could be wrong but I don’t think I am when I say this program is a bad idea. To substantiate that statement I will quote one that I read on a LinkedIn post a couple days whereas one blogger posted the question “Is HARP 2.0 real, is anyone really closing them?” just to be answered by another blogger who posted, “yes, laughing all the way to the bank”. The sad truth is that I am sure that he is, unfortunately.

Mar 16, 2012

Why We Underwrite Loans

I know, it sound pretty elementary, we underwrite to see if the borrower qualifies, it’s that simple right? Actually it’s not that simple nor is the task of underwriting a basic exercise in calculating ratio’s, cash to close and making sure the borrower’s credit score is sufficient to meet investor criteria.

Mar 2, 2012

A Return to Policy

I know this statement will be relatively unpopular but I am going to say it anyway, thank goodness for the return of the FHA mortgage insurance program” In a HUD Public Affairs publication, No. 12-037, issued on February 27, 2012, HUD announced its intentions of again raising the UFMIP and MMI premiums to not only protect their capital reserves but also to encourage the return of private capital into the residential mortgage market.

Feb 17, 2012

Providing Qualify Service

The past few weeks have been quite interesting around the office for me, not because I have had opportunity to learn new things or underwriting interesting cases, but because I have had to endure a whole new level of customer complaints. It seems like more and more these days, when I pick up the phone it’s my boss saying to bring some loan officer to her office because again, she had just gotten chewed by another customer or real estate agent and in a time of dwindling business not to mention fees, this is never a good thing.

Feb 3, 2012

Credit Scores

When I hear those words, they immediately evoke images of a world in which mortgage underwriting decisions are determined by AUS systems that have no capacity to either employ common sense underwriting principals or fairly or adequately assess overall risk. They are simply three more numerical values used by a computer model to “recommend” if a loan should be approved and just like its partner, the AUS, I think credit scoring as rule has outlived its usefulness.

Jan 20, 2012

Credit Qualifying Streamline Refinance Transactions

I know what you’re thinking already, “Really Bonnie, we know all about them”, but I say untrue, this based on a conversation I had yesterday with an underwriter friend at Philadelphia HOC. It is always nice to talk to her, catching up with friends is always a good thing and as you can image, she will sometimes share with me some of the most common disastrous mistakes lenders make where various loan types are concerned.

Jan 6, 2012

Closings by Homeownership Counseling

When we say homeownership counseling, many of think of traditional counseling that a borrower might receive prior to the purchase of a new home, in many instances to receive grant funds, or perhaps homeownership retention counseling that a homeowner might seek should they be facing foreclosure but very seldom do loan originators consider homeownership or “credit counseling” as a means to generate new business.

Nov 18, 2011

Oil and Water

Oil and water, two things that we all know do not mix well do to incompatible molecular structures, have become the poster child for underwriting with AUS. That’s correct, Oil (AUS) and water (manual underwriting). “How so”, you ask and the answer is a very simple one. We are still required to utilize automated underwriting on all cases that we underwrite however the findings don’t mean a thing where documentation waivers or loan approval is concerned.

Nov 4, 2011

Knowing the Guidelines

Yes, it is important to know the guidelines and I am sure many of you who are underwriters are thinking that you do or you know them at least sufficiently to underwrite a case with the assistance or guidance from your AUS. We I am here to tell you that these days it’s a little trickier than that and I can prove that statement by way of buy backs just last month.

Oct 7, 2011

Loss Mitigation

The use of the FHA and VA mortgage insurance programs has been on the rise since the great implosion of 2007 and most recent us several lenders embracing Rural Housing programs as well. As a mortgage underwriting employed on a full time basis by a bank as well as an industry educator who teaches program guidelines for these products for FHA Online University, I have seen literally thousands of people, industry professionals, government agencies and lender groups sign up for and participate in training for these programs in order to become proficient with the government lending product types.

Sep 23, 2011

Employment Opportunities in the Mortgage Industry

I have been working in the mortgage industry for the past 25 years and have seen a lot of highs and lows. When I began, the GSE’s were just gearing up and the secondary market as we know it today was still in its infancy.

Sep 9, 2011

Making Homeownership Possible

I know everyone has read an article or two in which I have stated the importance of the social aspect of why we underwriters do what we do. Homeownership or the preverbal roof over our heads is one of the most important aspects of human civilization and over the past couple of weeks I learned from a personal standpoint just how much this and a few other things that we often seem to take for granted mean to us as people and to our families.

Aug 26, 2011

Wow, talk about an increase in volume. With interest rates down there seems to be a renewal of interest in the FHA Streamline refinance program. It actually makes sense really, considering that many mortgages were refinanced into FHA mortgage types during 2008 and 2009 to relieve borrowers who had previously been placed in subprime mortgage types, the burden of excessive interest rates or adjustable rate features.

Aug 22, 2011

203k: Make Special Note

As volume continues to grow where overall originations of the FHA 203k program is concerned, so of course do errors. I realize that many of the lenders currently underwriting the program are proficient where policy and procedure for this program is concerned, however there are those lenders that are still somewhat new to the program and I thought I would share a little insight as to a few things to keep in mind while underwriting and servicing the program which hopefully spare some of you later issues with both HUD and your investors.

Aug 11, 2011

Real Estate Owned

Before I begin, I just want to say that I left my flying monkeys home this morning so for those of you that enjoy my occasional black rant, you will be disappointed. However I will say overall sarcasm is not out of the question because here of lately whenever a discussion takes place that includes the federal government, excluding HUD of course, that relates to the real estate market, well it’s just impossible to not be sarcastic, they make it too easy.

Jun 6, 2011

The 203k Underwriting Checklist

The 203k is a great program for any individual who wants to buy a handy man special or property being sold at foreclosure and fix it up, or a current homeowner who would like to complete some updates to their existing home however many lenders are still unwilling to offer the program.

May 30, 2011

The Spirit of Underwriting

I was in the kitchen this morning having a conversation with a coworker. We were reminiscing about the good old days of HUD field offices, case number assignment lines and of course processing and underwriting without the benefit of fax machines, AUS or even the internet for that matter.

May 17, 2011

The 203K for Investors

We have been listening to the gossip (most of which I started), since November, 2010 about how HUD has discussed lifting the moratorium on the 203k program designed for investors. Believe it not, the program actually did exist at one point and was quite successful from a utilization standpoint, but do to program abuse which included mass property flip schemes in the 1990’s, HUD was forced to eliminate the program for use in 1996.

May 9, 2011

Grim

Yes, it is, grim that is, and I am not referring to Wilhelm & Jacob Grimm. But just as they composed those fairy tales in the 1800’s, representing what might have been described as the capricious and cruel reality of daily life for most Europeans of that time, we to continue to face a housing and mortgage market that can also be described capricious. Unlike the tales of Brothers Grimm however, the ails of the current housing market do not seem to be getting softer or sweeter with time.

Jan 18, 2013

Understanding HUD REO-Part Two: The REO Appraisal

Written By: Stacey Sprain

Understanding HUD REO- Part One: Overview of the REO Process. Last week, I presented Part One in a series of articles to help expand your knowledge and understanding of HUD REO (Real Estate Owned) Sales for purposes of FHA lending. This week, in part two of the series, you’ll find further explanation of the appraiser’s responsibilities in regards to the HUD REO appraisal requirements.

Nov 23, 2012

Disaster Area Inspection and Repair Requirements for Closing, Endoring/Insuring FHA Loans

FHA recently released Mortgagee Letter 2012-13 which clarifies disaster area inspection requirements for determining whether or not the loan is eligible to close as well as if the loan qualifies for endorsement/insuring. Be sure to read these requirements if you lend in East Coast areas recently affected by Hurricane Sandy.

Nov 9, 2012

Private Mortgage Insurance Cancellation-Part Three

For the past two weeks, I have offered a series on private mortgage insurance cancellation, have explained the regulations involved and have offered some tips and tools to help consumers understand their rights regarding cancelling private mortgage insurance coverage for conventional loans.

Oct 26, 2012

Private Mortgage Insurance Cancellation-Part One

I was asked recently to speak about private mortgage insurance cancellation so I thought this would be a good topic to cover this week. Below is part one of a three part series on this topic.

Aug 24, 2012

Documenting Disability Earnings as Stable Income

You may have noticed in the past several months that the agencies have been updating long-known employment and income documentation requirements. These recent guideline updates and changes are likely in response to a discrimination lawsuit that was waged against Bank of America earlier this year claiming that Bank of America imposed ”unnecessary and burdensome requirements” on borrowers who received income because of a disability.

FHA Appraisal & Valuation Part 3- New Construction & Cost Approach FAQs

This is part 3 of a multi-part series that provides helpful questions and answers about FHA appraisals, properties and valuations. I recently ran across this list as I was actually searching for something on a completely different topic. I found these FAQs so helpful and informative I felt the need to pass them on in hopes they will be useful to you as well!

FHA Appraisal & Valuation FAQs-Part 1

I recently ran across a list of FHA appraisal and valuation questions and answers from HUD as I was actually searching for something on a completely different topic. I found these FAQs so helpful and informative I feel the need to pass them on in hopes they will be useful to you as well!

May 4, 2012

Underwriters Prefer Cover Letters

This week I asked a few underwriters what their top gripes are lately with the files they receive for underwriting. Based on the underwriter responses, I was able to establish a few items worth mentioning.

Apr 20, 2012

Clarifications for Recently Issued Mortgagee Letter Content

There seems to be confusion out there in regards to a few of the recent changes announced by FHA in Mortgagee Letters 2012-3 and Mortgagee Letter 2012-4. The purpose of this week’s article is to provide you with further clarity on a few of the recent changes here.

Mar 23, 2012

Rural Development’s Refinance Pilot Program

I don’t know about anyone else but I can honestly say this is the absolute busiest and most overwhelmed I’ve personally felt in the near 25 years I’ve been in this crazy business of ours! I’ve never seen so many products changing and being added, so many differences between lender product overlays, so many crackdowns on compliance or so many major regulatory changes as we’ve been experiencing recently.

Mar 9, 2012

Changes to FHA Mortgage Insurance Announced

Last week I outlined upcoming changes to FHA’s mortgage insurance premium structure based on preliminary communication from HUD but subject to the release of an official Mortgagee Letter. Since then Mortgagee Letter 2012-4 has been issued which communicates the finalized changes to FHA’s mortgage insurance premium structure.

Feb 24, 2012

Fannie Mae Learning Plans for Training Purposes

Anyone who is familiar with my article writing over the past several years probably knows I am a huge advocate for training and education in our industry whether it be for those coming in to the lending environment fresh with no prior experience or for the most seasoned veteran such as myself who have been working in the lending environment for well over 20 years or more.

Feb 9, 2012

New from FHA- Updated TOTAL Scorecard User Guide!

At the end of 2011, HUD finally released a long-awaited current version of the TOTAL Scorecard User Guide. The prior version had not been updated since 2004. FHA requires that all loans be scored through TOTAL except for those transactions involving borrower’s with no traditional credit scores and streamline refinance transactions.

Jan 26, 2012

Part 4 of Annual “Freebies” – FTC Resources

The Federal Trade Commission website is a resource I refer people to fairly often because of the informative and educational materials available for consumer distribution. The FTC offers a lot of great information available in web format, PDF format and some materials are even available to order in bulk quantities for free which makes this a great resource for seminar materials and overall distribution to homebuyers and homeowners.

Jan 13, 2012

Part 2 of Annual “Freebies” - VA Resources

One of the things I like to do at the start of each New Year is provide what I refer to as my lists of “freebies.” These are lists of websites and resources that have helped me over the years in one way or another and that often provide ongoing information that is helpful and informative on an ongoing basis.

Nov 11, 2011

The Scoop on MIP Refunds

I had a loan officer ask me this week “how does a borrower check the status on her MIP refund?” I informed the loan that HUD no longer automatically issues a refund check to borrowers whose FHA loans are paid off with non-FHA refinances. I was actually quite surprised the loan officer wasn’t aware that HUD’s prior stance regarding MIP refunds had gone by the wayside years ago.

Sep 30, 2011

Finally-Major Changes Effective October 1st!

If you’re like me, you can’t wait to be done with September and into October so that we can implement all of the major changes we’ve known have been coming for quite some time. In case you’ve forgotten or misplaced your list, here are some reminders:

Sep 16, 2011

The Changes & Updates Keep Coming- This time- VA Funding Fees Changing October 1!

As anticipated for quite some time, VA finally formally announced changes to VA funding fee structure that will be effective for VA loans not closed on and after 10/01/2011-See VA Circular 26-11-12. On the positive side is that the funding fees are decreasing which is great news for our U.S. veterans!

Sep 2, 2011

Disaster Declarations & Re-Inspection Policies

For those of us in the upper Midwest, we are fortunate not to deal much with Mother Nature’s unpredictable hiccups. We get occasional tornado outbreaks, some nasty thunderstorms, we deal with wind damage, hail damage and occasional flooding in low lying areas but for the most part, aside from our sometimes unbearable winters, we’re pretty fortunate up in these parts.

Aug 19, 2011

Important Tips and Reminders for the Refinance Boom

Right now we all have much to be grateful for. Record low interest rates have brought us record numbers of refinances which are boosting business for all of us in the industry. But while business is plentiful, so also can be the frustrations that come along with it.

Aug 5, 2011

How Credit Inquiries Lead to Competitor Marketing Calls

This week I thought I’d take a break from the ongoing condominium articles that summarize HUD’s recently issued 95 page condominium processing guide and cover another topic that came up this week. I had a situation come up this week from a loan officer that I feel is relevant for many in out industry because it’s something that can commonly occur.

Jul 29, 2011

Repurchase Request

It is pretty common in my office to hear me say to one of my underwriters, “That is why you should always look for a way to turn it down first, it saves time and you won’t be force to have ridiculous conversations over conditions”, and needless to say I’m generally joking when I throw it out there.

Jul 15, 2011

Part 2-FHA Updates to Condominium Approval Qualification Requirements and Process

Mortgagee Letter 2011-22 dated 6/30/2011 clarifies, expands, consolidates, and updates existing condominium approval guidance while also replacing Mortgagee Letters 2009-46b, 2009-46a and 2011-03. Included with the new Mortgagee Letter are an attached Condominium Approval Implementation Schedule and 95 page Condominium Project Approval & Processing Guide.

Jul 1, 2011

OFAC Searches for Loan Applicants

"OFAC" is the abbreviation for Office of Foreign Assets Control. It is the specific branch of the United States Department of the Treasury that administers and enforces economic and trade sanctions based on US foreign policy and national security goals against targeted foreign countries and regimes, terrorists, international narcotics traffickers, those engaged in activities related to the proliferation of weapons of mass destruction, and other threats to the national security, foreign policy or economy of the United States.

Jun 24, 2011

Consumer Fraud Alerts

With so many credit-related businesses springing up everywhere, consumers are becoming more educated about the importance of maintaining good credit. They’re also becoming more educated about their rights as consumers.

Jun 13, 2011

Ethics when Consumer Credit is Involved

Appraiser regulations keep evolving, RESPA keeps reinventing itself, loan officer compensation is bringing forth major changes, FACTA has added what I consider to be ridiculous new disclosure requirements nobody really seems to fully grasp, licensing requirements continue expanding and evolving, credit rules continue to tighten, … when does it all end?

Authorized User Credit

When a credit account owner permits another person, typically a family member who is managing credit for the first time, to have access to and use of an account, the user is referred to as an authorized user of the account. This practice is intended to assist related individuals in legitimately establishing a credit history and credit score based on the account and payment history of the account owner, even though the authorized user is not the account owner.

May 27, 2011

Reading and Answering Consumer Questions about Mortgages

I ran across a blog while I was I was doing some research on a regulatory interpretation this evening and it really got me fired up. It never ceases to amaze me how badly some of the people in our industry answer questions for people who wouldn’t be asking if they truly knew anything about mortgages.

May 23, 2011

Fannie Mae’s Delivery Data Check System

We’re all familiar with many of the components of LQI because most of them have been effective for quite some time now. We’ve become accustomed to checking interested parties against various exclusionary lists, validating each borrower’s social security number, assuring we’re including unit numbers in property addresses for condominium units, rounding the LTV calculations properly, following policies to detect and uncover undisclosed debts etc.

FHA Then and Now

Very recently, while teaching an FHA Underwriting class for FHA Online University, the history segment of the training made me stop and think. It was unusual really, because I have taught this particular class at least once a month for the past four years and honestly, other than an occasional joke as to how students need to take notes because the historic information pertaining to the agency was on the “big” test, I never really thought much about it.

Feb 10, 2011

What will 2009 Bring in the Housing Industry?

Written By: Joan Ewing

Hello – I hope everyone had a very nice holiday and let us all look forward to the New Year with a positive attitude that it will be a GOOD YEAR!!!! Let’s all Toast to 2009! Before, we can look forward to the New Year; I think we need to look back one more time – then LET IT GO.

FHA/HUD Engineering Certificates for Manufactured Housing

I initially titled this article, “HUD Sues Lenders over Omission of Manufactured Housing Engineering Certificates,” but I decided that it might be a little over the top. But, the facts are this. A letter issued by the HUD Inspector General (MEMORANDUM NO: 2007-KC-0801) dated September 2007 recommended just that.

Who is FHA? When and Why Did They Get Into Mortgage Insurance?

Hello Everybody – Another week in the mortgage industry is here and I am sure everyone uses the acronym FHA quite a few times a week. However, do we really know anything about FHA, when they were created, why they were created and what they really do? Who is FHA?

Streamline Modification Program

Everyone is getting back to their normal routine – it is important that we work together this year to help homeowners save their home, if possible. Fannie Mae has announced a program, which I feel is exciting and hopefully will help borrowers save their home.

Who Can Certify a Permanent Foundation on Manufactured Homes?

There is confusion over just who can certify that a manufactured home foundation is permanent per HUD requirements. The simple answer is this. Only a professional engineer or registered architect can certify permanent foundations on existing manufactured homes whether under the September 1996 Permanent Foundation Guide for Manufactured Homes or the newer HUD Model Installation Rules.

Feb 9, 2011

Reforms For American Homeowners and Consumers

Hello Everybody – Hope you are keeping busy. With interest rates up and down, depending on the day and hour of the week – refinances have been fluctuating as often. However, there seems to be a trend that home sales are on the rise and many lenders are keeping busy.

Getting the Latest News from HUD

Hello Everyone - Are you currently processing loans for a small broker, processing loans on a contract basis, or perhaps working for a direct lender - Do you feel you are always one step behind the latest FHA Updates? While you believe you are processing your loans correctly – only after submission to underwriting you learn that FHA has changed the guidelines and you were not aware.

Home Inspection vs. Appraisal

Hello Everybody – I feel the housing market is finally going to take a turn for the better. Although I have no crystal ball – I feel the questions, I have been fielding and the number of underwriting and processing jobs posted on CareerBuilder has soared.

Underwriting Training : Becoming an Underwriter

Hello everybody – hope you are keeping busy. I see business definitely picking up and some processors and underwriters are getting swamped with new job offers. Recently I have received several e-mails from the readers of NAMP Blogs about how to get into underwriting.

FHA Streamline Refinances

Hello – There may be a glimmer of light for loan processors and underwriters as FHA rates and conventional rates, as well, continue to drop. The spark of increased could be FHA Streamline Refinances – which is what we will write about today.

How to Try and Avoid Foreclosure

Hello everybody – Keeping busy? I feel the market is definitely picking up; however, there are still many people out of work and needing help to avoid foreclosure on their home. So this week, we are going to go through the process of how to try and avoid foreclosure.

Basic Mortgage Application Data

Hello Everybody – Hope everyone is staying busy. In my hunt for a topic every week, sometimes it is easy and other times, I haven’t a clue what I will write about until the last minute. This week was one of those last minute thoughts – so I hope this blog is helpful.

FHA News : FHA Refunds Are Still Available

Hello Everybody – Hope everyone is doing well and staying busy. In my quest to find a topic for this week’s blog and in the interest of the economy and everyone looking for extra money – I have an idea – Look on the FHA Refunds web site.

Underwriting Training : Back to Understanding Basics – Part 1 of 3

Hello Everybody – I hope everybody is keeping busy these days. The refi market is definitely picking up and I see many more processor and underwriting jobs on CareerBuilder and Monster. In fact, I received calls from four headhunters in the past week asking if I were interested in a FHA Underwriting job; however, since I am currently employed and I am currently happy in my job, I decided to pass; however, I asked they please keep me in mind – because you never know.

Loan Processor Training :: Self-Employment Made Easy – Part 2 of 2

Corporate Tax Returns seem to be the most frightening to everyone. I do not know one processor or underwriter who likes Corporate Tax Returns. Many borrowers set up a Corporation to protect their personal assets in case of bankruptcy or lawsuits. A Corporation is a state-chartered business that is owned by the shareholders. The shareholders could be as few as 1 or as many as millions. Compensations to the officers of the corporation are based on the percentage of ownership and are reflected on the shareholder’s personal tax return. If the percentage of ownership of is not shown on the tax returns, this information must be obtained from the corporation’s accountant. After the adjusted business income is obtained, it should be multiplied by the borrower’s percentage of ownership.

FHA Training : FHA’S Reverse Mortgages for Seniors – Part 1 of 2

Hello All – I am sure that once President Obama has had time to digest all his duties, there will be changes in the mortgage industry; however, until then everything is pretty much status quo.

FHA Training : FHA’S Reverse Mortgages for Seniors – Part 2 of 2

Hello All – Last week I covered the basic guidelines for the HECMs (Home Equity Conversion Mortgage). As outlined the guidelines are very basic since there is no credit qualifying; and could make an excellent source of additional income for seniors on fixed income. However, there are many questions that seniors as well as their heirs need answered before deciding to commit to the HECM.

Mortgage Fraud Awareness - Part 1 of 5

Hello Readers! I would like to say that I am most anxious to share with you some of my experiences in the real estate industry. As an FHA DE Underwriter for the past 15 years, there has been instances when an initial 1003 and the final 1003 had so many discrepancies, I was not sure it was the same person. As the loan processor, you are the first person after the loan officer to review the 1003. Review the information to verify it makes sense.

Mortgage Fraud Awareness - Part 2 of 5

Hello – This is the 2nd part of a series of 5 that will alert all loan processors, as well as loan officers and underwriters to “RED FLAGS” on the original application (1003). This week we will cover the income/employment section of the 1003.

Mortgage Fraud Awareness - Part 3 of 5

Hello – I hope everyone is holding on to their job. In this economy it is frightening to say the least with the downturn of the real estate market. As the market gets tighter and banks are again tightening guidelines, it is important that good quality loans be submitted for underwriting and even more important that the borrowers are qualified to purchase and given instructions not to make any changes in their job or credit report prior to closing.

Mortgage Fraud Awareness – Part 4 OF 5

to its “slow” time of the year!! In my opinion if this entire year would have been any slower there would virtually be no one left in the industry. As it is – the downturn of the market has caused brokers and lenders to flea in massive numbers. Those remaining are the die hards and they are working hard for their deals; which is all the more reason to do our due diligence prior to sending a package to the investor.

Mortgage Fraud Awareness - Part 5 of 5

Hello to everybody and sorry for the mix-up of last week’s blog, I missed the deadline because my mind was still on a holiday mode. Well this will be the final blog for this series on Mortgage Fraud and Red Flags.

Underwriter Training : Self-Employment Made Easy – Part 1 of 2

Hello- I hope everyone is getting ready for the volcanoes of refinances when the new guidelines are finalized. I am actually looking forward to being busy, busy, busy – I will begin to feel hopeful.

Loan Processor Training : Self-Employment Made Easy – Part 2 of 2

Hello All – I hope the blog on Self-Employment is informative and it is helping to answer questions you may have. This week we will discuss Corporate Tax Returns, “S” Corp Tax Returns and Partnerships.

Mortgage Training : Summary of H.R. 1728 - Part 1 of 2

Hello Everybody - What is this Blog title you ask - Well it got your attention, now I will explain. The Blog Title is referring to the Summary of House of Representatives Bill Number 1728, which was introduced on March 26, 2009 by House Financial Services Committee Chairman Barney Frank, Rep. Brad Miller (D-NC) and Rep. Mel Watt - (D-NC). This House Bill, if passed, will change the mortgage industry as we know it today.

Mortgage Training : Summary of H.R. 1728 - Part 2 of 2

Hello Everybody - I hope everyone found the information contained in Part 1 of HR 1728 as interesting as I did. As I stated I cannot image all the changes in the House Bill actually becoming law; I feel by the time it is chopped up and amended, we probably will not recognize it as it reads today.

Hello Everybody - Hope you are keeping busy. With interest rates up and down, depending on the day and hour of the week - refinances have been fluctuating as often. However, there seems to be a trend that home sales are on the rise and many lenders are keeping busy.

HOPE for Homeowners

Hello All - I understand that most persons who read this blog are loan processors, loan originators and others in the mortgage industry. This blog is not necessarily directed to loan processors or originators but rather to those who might know someone who may be facing foreclosure. The HUD.gov site is just a wealth of information.

Shipping Containers Used for Housing

Hello everybody - This week’s blog is going to be a little different, while it is very interesting, it is not exactly relating to FHA financing - although perhaps we will see FHA finance these types of housing someday. I found a very interesting article regarding shipping containers on the USA Today website.

Mar 18, 2016

Mortgage Industry Forms Changes – Are You Up with the Changes

Written By: Glenn Michaels, Op-Ed Writer

Periodically forms utilized by lenders are revised or added for everyday use by mortgage lenders. On March 16, 2016, the United States Department of Housing and Urban Development’s FHA and the United States Veterans Administration (VA) have revised a joint form. The FHA form number is HUD – 92900 – A and the VA uses form number 26 – 1802 – A. All FHA and VA lenders must begin using the revised form beginning August 1, 2016.

Mar 11, 2016

Underwriting and Tax Returns

Written By: Glenn Michaels

All mortgage loan programs except for Streamline Refinance Programs require the borrower’s Internal Revenue Service (IRS) tax forms that were filed for at least the last or the last two years. If a borrower was self – employed we not only need the borrower’s personal tax returns we also need the most recent two years of business returns.

Mar 4, 2016

Underwriters make sure you have the allowable repairs for a 203(k) limited.

The Single Family Handbook 4000.1 changed the name of the Streamline 203(k) program to the “limited program. Properties being reviewed for the 203(k) program that have commercial influences as contained in a Mixed-Use property, One unit must be owner occupied primary unit and the non residential portion of the property cannot exceed 49% of the square footage. The health and safety of the residential units and residents must be of primary concern. If there is a question of the health and safety contact HUD as you would be surprised of the properties HUD has rejected for health and safety concerns.

Feb 26, 2016

Underwriting non-traditional income

Borrowers have all kinds of income. Most have traditional income with a periodic pay stub and a W – 2 a long with a IRS form 1040 in order to determine the income and to verify the income. The self – employed borrowers have the appropriate tax documents to determine and verify their income.

Feb 19, 2016

Fannie Mae’s Home Ready Program vs. FHA

Fannie Mae has announced the launch of their Home Ready Program which is the replacement product of the Community Home Buyer Program.

Feb 12, 2016

Underwriters, do you know the “Q” codes?

Appraiser’s when completing an appraisal report now place on every appraisal report the “Quality Ratings” on every appraisal report. These ratings are numbered after the “Q”. They can be from Q1 through Q6. The underwriter should make notice of the Quality Rating as well as the Condition Rating (C1 – C6)

Feb 8, 2016

Do You Know the Codes in the Appraisal Report?

All underwriters must review the appraisal report for each and every transaction that is being underwritten. The underwriter’s must take notice of the rating codes found in the Marketing Approach of each appraisal report. Failure to make notice of the code could result in a mortgage loan file not being purchases.

Feb 1, 2016

You should Not have Any Indemnifications Due To Gift Transactions

Over the years many FHA lenders have completed FHA deals with a gift incorrectly resulting in an indemnification. For those not familiar with the term “indemnification” it means that the FHA is removing the FHA insurance for a specific mortgage loan. If that loan defaults the lender would have to make good on the loan or have to buy the loan back since the FHA loan has lost their FHA insurance. The new Single Family Handbook 4000.1 spells out how to underwrite deals with a gift.

Jan 22, 2016

The SFH – 4000.1 and Taxes Continues

My previous article explained how HUD (FHA) wanted underwriters to review and to come up with an income trend using the borrower’s personal tax returns. There are many borrowers that self-employed and these borrowers use other forms to demonstrate their income trend.

Jan 15, 2016

The Bigger The Tax Return The Easier It IS to Analyze

Underwriters from time to time have difficulty in determining the income to use when they receive a complicated or very involved tax return.

Jan 8, 2016

If Your Company Accepts Private Savings Club Money, do you know how to handle it?

Living and working in the New York Metropolitan area we often come in contact numerous religions, numerous ethnic groups and numerous traditions. In the New York area we have many orthodox Jewish people who do not believe in paying or receive interest from another. This group has GMACH which is one of the largest interest free bank staffed by volunteers.

Dec 18, 2015

FHA Loans are assumable DO you know how to work with the assumptor?

All FHA mortgage loans are assumable.. All underwriters must know the rules to either approve or deny the assumptor of the mortgage loan being assumed.

Dec 11, 2015

FHA Underwriters are you up to speed with the exceptions for a Second FHA loan

The FHA permits only one FHA mortgage at a time for a borrower except for four (4) exceptions.

Dec 4, 2015

If You are New to the FHA 203(K) Program or Experienced

The new Single Family Handbook (SFH) 4000.1 has attempted to simplify the program for everyone.

Nov 20, 2015

Presidentially Declared Federal Disaster Areas

Periodically somewhere in the United States a natural disaster occurs that impacts an area of the United States. When the President of the United States declares a county of a state a “federal disaster area” then borrowers may qualify for HUD’s 203(h) program.

Nov 13, 2015

FHA Announces a Ratio Stretcher Program

The FHA has announced new standards for Energy Efficient Homes (EEH) with stretched ratios. This is in conjunction with the Department of Energy’s Home Energy Score.

Nov 6, 2015

Single Family Handbook 4000.1 and the 203(K) Program

The more I read the new Single Family Handbook (SFH) 4000.1 versus the old handbook HUD – 4155.1 and previous Mortgagee Letters there are changes made and numerous clarifications made. The changes and clarifications make it an easier program to utilize. The FHA 203(K) program always had a regular program and then the FHA added a Streamline 203(K) program. Now FHA has changed the names to the program. They are now referred to the “standard” and “limited” 203(K) program.

Oct 30, 2015

HUD/FHA Changes HUD REO Underwriting Guidelines Effective September 14, 2015

On September 14, 2015 the Single Family Handbook (SFH) 4000.1 becomes effective.
A change that most will not pick up is the underwriting of HUD REO’s. For those that are not familiar, a HUD REO is a property that was foreclosed by HUD approved mortgage servicer and the property is now owned by HUD. The term REO means Real Estate Owned. These properties are usually sold at auction.

Oct 23, 2015

Case Binder Stacking Order Review

Buried in the new HUD – Single Family Handbook (SFH) – 4000.1 is the requirement for cases on or after September 14, 2015 to contain in each FHA case binder a “Pre – endorsement Review of Uniform Case Binder Stacking Order.”The review cannot be performed by the mortgage loan originator (MLO), the mortgage loan processor and by the Direct Endorsed Underwriter.

Oct 16, 2015

Are You Ready to Underwrite Energy Efficient Mortgages (EEM)?

In order to underwrite an Energy Efficient Mortgage (EEM) you must make certain the borrower will demonstrate an energy savings and an energy improvement with the mortgage loan under the FHA 203(K) mortgage loan program.

Oct 9, 2015

New FHA Changes can Work Out Better in Some Cases

Over four weeks I gave everyone the FHA changes effective September 14, 2015 unless HUD delays the implementation of the changes again. These changes were originally set to take place on June 15, 2015 but HUD issued a delay to September 14, 2015. HUD has taken away the discretionary methodology in calculating a borrower’s income for a wage earner and/or hourly wage earner. Under the new guidelines an wage earner that is earning a specific income consistently that is the borrower’s income. The underwriter must use the actual income. Borrowers being paid an hourly wage underwriters can use the income shown as long as it is being is being paid consistently. If not consistent then the income must be averaged over a twenty four month (24) month period.

Oct 2, 2015

New Proposed HUD Rule

On August 5, 2015, The United States Department of Housing Development (HUD) announced a proposed rule change to amend its existing regulations regarding the equal participation of faith – based (religious) organizations in HUD programs.

Sep 25, 2015

Some more changes to FHA

If there is no delay, the new Single Family Handbook (SFH) – 4000.1 is fully in effect with cases taken on or after September 14, 2015. I have already written three articles full of changes that are effective September 14, 2015.

Sep 18, 2015

Additional FHA Changes effective 9/14/15 Unless HUD delays the implementation of SFH – 4000.1

Over the previous three weeks I have written about the numerous changes coming to FHA with the new Single Family Handbook (SFH) 4000.1. Some changes are minimal and some are not. Some changes enhance the program.

Sep 15, 2015

More Changes to FHA effective 9/14/15 Unless HUD Delays it again.

Written by : Glenn Michaels

My previous two articles were about the changes taking place at the FHA with the replacement of HUD – 4155.1 and HUD – 4155.2 and numerous Mortgagee Letters with the Single Family Handbook (SFH) 4000.1 below are additional changes that everyone needs to be aware of.

Aug 28, 2015

FHA Changes effective 9/14/15

Last week’s article was a glimpse of over 100 changes to the underwriting guidelines. In 2002 HUD – 4155.1 was written and now it is being replaced by the Single Family Handbook (SFH) 4000.1. The SFH -4000.1 contains a section pertaining to e – signatures. Tis technology did not exist when HUD – 4155.1 came out. HUD allows e – signatures. This section gives all the rules behind e – signatures such as identification, verifying the individual(s) involved and how to work with e – signatures.

Jul 24, 2015

Unless HUD Delays it, the SFH 4000.1 is effective September 14, 2015. Do You Know Any of the Changes?

I have spent a lot of time reading the new Single Family Handbook (SFH) 4000.1 over the last several weeks to primarily pick up the changes from the HUD – 4155.1 and HUD – 4155.2 and the many mortgagee letters (ML) in use. In my opinion there are about one hundred (100) changes going to take place and effective September 14, 2015. All Mortgage Loan Originators (MLOS), mortgage processors and Direct Endorsed underwriters need to know the changes.

Jun 3, 2016

How Student Loans affect Approval Process

Written By: Carlotta Emperator, Op-Ed Writer

Many borrowers have deferred student loans. A deferment, like forbearance is a temporary suspension of the obligation to repay a federal student or parent education loan. In order to qualify for a home mortgage, these obligations were being “omitted” or calculated incorrectly. Therefore, the borrower’s ratio would be affected based on the mortgage product.

May 25, 2016

Reverse / HECM Financial Assessment

In recent year, FHA has published updates to the rules that affect how to process a FHA Reverse Mortgage or Home Equity Conversation Mortgage. This process is completed through what is a “Financial Assessment” that was added to the Reverse Mortgage effective date April 27, 2015. FHA required each lender to process a prospective mortgagor on all HECM transaction type.

Fannie Mae’s DU 10.0 Update on Multiple Financed Properties Explained

Written By: Angelique Jackson, Op-Ed Ghost Writer

On March 29, 2016 Fannie Mae issued an updated regarding DU 10.0 and Multiple Financed Properties. Previously, we lenders had to manually calculate the reserve requirements because DU did not provide that information. Well, that will all change the weekend of June 25, 2016. DU will now calculate the number of financed properties the borrower has and calculate the reserves for both the subject property and the “Other financed properties.” But before we get into the calculations for the total number of financed properties and reserves, let’s talk about the multiple finance property rule and when it applies.

May 6, 2016

Back to Basics: Utilizing Underwriting Guidelines

Written By: NAMP® Op-Ed Ghost Writer

Although the automated underwriting system provides guidance on loan analysis, it is critical to hone your guideline reviewing skills. Underwriting guidelines contain critical definitions, clarifications, and rules that must be applied on all loans. In some cases, the AUS will refer to the guidelines for the full list of requirements to address a particular loan characteristic. As a result, let’s review some best practices for using guidelines.

May 2, 2016

Solar Panels Requirements -- Part I

Written By: NAMP® Op-Ed Writer

In the age of green technology the mortgage industry is beginning to see more properties with Solar Photovoltaic (SPV) systems, more commonly known as Solar Panels. In this 2-part article we will cover what solar energy is, how it works, the types of financing available and the documentation requirements. What are some of the benefits of using solar energy? It helps conserve our fossil fuel resources and reduces our reliance on imported fuels.

Solar Panel Requirements –- Part II

Written By: Angelique Jackson, Op-Ed Writer

Last week we covered the different types of financing available for solar panels such as a Solar Lease, Power Purchase Agreement (PPA), a Solar Loan and the Property Assessed Clean Energy (PACE) program. With a Solar Lease or Solar Loan, the lease/loan payments are included in the DTI (a solar loan payment is added to the PITI as subordinate financing),while payments for a PPA are excluded from the DTI since the homeowner only pays for the energy that was produced.

Apr 29, 2016

Loan Packaging Techniques

Written By: NAMP® SOp-Ed Ghost Writer

Underwriters and processors that work for non-delegated lenders must submit loan packages for review. Those packages are subsequently reviewed by the MI or investor underwriting team. These packages may also be reviewed by management, sales professionals, and auditors. As a result, it is important to put your best foot forward and present as clean and transparent a package as possible.

Apr 22, 2016

Calculating Student Loan Payments

We have seen frequent changes in the requirements for including student loans over the last year. There was a time where student loans could be excluded from the qualifying ratios if the borrower was able to verify certain terms of deferment. In addition, income-based repayment plans and other temporary reduction plans were permitted. However, the agencies have recently released lender updates that are changing the student loan game.

Apr 15, 2016

Tips for Underwriting USDA Files with GUS

SOURCE: Mortgage News Feed

GUS, or Guaranteed Underwriting System, is USDA’s automated underwriting engine. GUS can take some getting used to if you are most familiar with Desktop Underwriter or Loan Prospector. Here are some tips to help you navigate GUS and get the most accurate findings for submission to USDA.

Apr 8, 2016

Validating the Final AUS

As the weather warms and the housing market gains steam, volume will increase. Production standards will be revisited by management and rush requests will become the new normal. The pressure to get loans out of the underwriting queue will increase. As a result, we must tighten up our process flow and put some best practices in place. One of the most fundamentally important best practices is the validation of the findings.

Apr 1, 2016

USDA 3555 Handbook Updates

Written By: Angelique Jackson

On March 9, 2016 the final rule published in the Federal Register in February is now in effect. We have been working under the interim final rule since December 1, 2014. There are a few new items in the handbook along with the restructuring of the handbook similar to FHA’s 4000.1 where all information is gathered in one single source and divided in sections for Manual Underwriting and GUS Accept. Chapters 5-16 were updated with new guidance and/or clarifications to old guidance. I am not going to go over all of the changes but I will talk about some of the more pertinent changes and clarifications that were done.

Mar 25, 2016

USDA Final 3555 Rules and Handbook Updates

USDA introduced several changes on December 1, 2014. These were the interim rules that became effective with the introduction of the new guaranteed loan program regulations 7 CFR Part 3555. Since then, USDA has finalized these rules. Those final changes became effective March 9, 2016.The first highly anticipated change is that discount points may now be financed for all applicants.

Fannie Mae Updates

Recently Fannie Mae has issued communication regarding some upcoming changes with Desktop Underwriter (DU), the Single Family Selling Guide, and Collateral Underwriter (CU).

Time Management Tips

The busy season in the mortgage industry is fast approaching! Soon, the weather will break and homebuyers will come out of hibernation to begin searching for their next home. As a result, this is a good time to think about some best practices for maximizing productivity and efficiency. Time management is one of the most critical of these practices.

The Benefits of Using an Income Calculation Worksheet

Most underwriters and processors have the basics of calculating income down to a science. The hourly, bi-weekly, semi-monthly, and annual calculations are second nature to those of us who calculate income every day. As a result, many processors and underwriters will manually execute their calculations on an underwriting or processing worksheet. Many underwriters will also type their calculation on their underwriting transmittal. However, there are some drawbacks to manual calculations that an income calculation worksheet can overcome.

Integrating Industry Changes into Your Process Flow

The past year has seen sweeping changes in almost every area of loan origination, underwriting guidelines, and loan disclosures. USDA and FHA have both created new handbooks that came with completely new guidelines. The CFPB introduced the Loan Estimate and Closing Disclosures which replaced the Good Faith Estimate, TIL, and HUD-1. Fannie Mae and Freddie Mac introduced new guidelines for many topics including review of Schedule-A Unreimbursed Expenses and required reserves for borrowers retaining their home as a secondary or rental property.

Mar 17, 2015

Commission Income Examined

Written By: Frankie Lacy

Commission income is income that varies and fluctuates. Commission income can vary each month based on the amount of sales the borrower has completed. Tax returns are required on commission income if the commission earnings are > than 25% of total earnings. Variable sources of income are subject to external influences. These types of income sources need to be analyzed carefully.

Dec 19, 2014

USDA: Understanding the New 7 CFR Part 3555 Guidelines

USDA’s new 7 CFR Part 3555 program became effective December 1, 2014. As a result, all lenders have begun to “re-learn” USDA loan origination and processing. There is a new guideline hand book, along with fillable pdf documents posted on the USDA LINC website: https://usdalinc.sc.egov.usda.gov/USDALincTrainingResourceLib.do

https://usdalinc.sc.egov.usda.gov/USDALincTrainingResourceLib.do

Oct 24, 2014

Hidden Income Sources

In the days of CFPB debt ratio thresholds and tighter lending restrictions, every underwriter needs to have a few tricks up their sleeve for saving debt ratios. Usually we try to use the more conservative income calculation to avoid investor push-back. However, there are a few perfectly provable income sources that we can use to support a lower debt ratio and return an approve/eligible or accept finding

Oct 13, 2014

Underwriting Rental Income

Calculating qualifying rental income is one of the more complex income calculations an underwriter can perform. This is particularly true when the borrower owns multiple investment properties. The challenge is determining when rental income can be used to qualify and, once income is calculated, reconciling the total debt ratio.

Sep 26, 2014

Property Condition Considerations

As many of us around the country desperately cling to the hope that spring will come sometime this year, we can also stop to think how the long, harsh winter may affect property conditions. Roof, gutter, and foundation damage from prolonged snow pile up, ice damming, and flooding is a very real possibility for homeowners in 2014. As a result, we may have some underwriting considerations to address as we prepare for spring and summer business.

Sep 12, 2014

Credit Documentation

There are several forms of credit documentation that underwriters examine to determine creditworthiness of the applicant. The most frequently discussed is the credit report. However, supplementary documentation can be just as illuminating as the primary report when reviewing the borrower’s credit profile.

Sep 2, 2014

Underwriting to the Findings

Fannie Mae, Freddie Mac, and USDA Rural Housing have all made extensive strides in 2014 to update and strengthen their automated underwriting engines. Much of this was in response to the finalized Ability to Repay and Qualified Mortgage rules from the CFPB (Consumer Financial Protection Bureau).

Aug 15, 2014

DU Version 9.1 Updates

Effective August 16, 2014 Fannie Mae will make several changes to Desktop Underwriter version 9.1. The changes are applicable to all loans submitted or resubmitted on or after August 16th. The changes are as follows:

Aug 1, 2014

Quality Vs. Production

Most lenders are in full swing of the busy summer season. Many of us have seen an uptick in submissions as families purchase new homes and few seek to refinance their existing home. With this increase in business comes an increased demand on underwriters to decision loans as quickly as possible.

Jun 20, 2014

Packaging a Loan for Non-Delegated PMI Review

Underwriters that work for mortgage shops that are non-delegated with private mortgage insurance (PMI) vendors must submit loan packages for review. Those packages are subsequently reviewed by the PMI company’s underwriting team. These packages may also be reviewed by PMI management, sales professionals, and auditors.

Jun 6, 2014

Using Non-Taxable Income to Qualify

There are many income types that may be non-taxable income earned by the borrower. Some examples are:

May 23, 2014

Appraisal Rebuttals

Appraisal rebuttals occur when the appraised value comes in lower than expected. The low appraised value has a negative impact on the LTV causing the loan to require mortgage insurance, or the loan becomes a decline. In an effort to avoid this, loan originators will often seek out additional comparable sales data from realtors and the Multiple Listing Service (MLS).

Apr 27, 2014

What’s in a Signature?

When reviewing loan documentation, we often focus on the big things; making sure the debt ratio and LTV are correct, validating loan terms, and matching up names and addresses. Signatures are an equally important and often overlooked area in documentation review. They are required on a variety of documents from borrowers, loan originators, and third parties.

Apr 11, 2014

An Introduction to Rural Housing Development’s Guaranteed Rural Housing Program

The Rural Housing Development’s (RHD) Guaranteed Rural Housing Program (GRH) is designed to assist borrowers in obtaining safe, sanitary, and adequate housing in rural areas. RHD applies income limitations to designated counties in each state to determine eligibility. The GRH program is similar to a mortgage insurance program. The borrower may purchase a home at 100% LTV based on the appraised value on a 30 year fixed rate loan.

Mar 22, 2014

Making the Most of Underwriting Guidelines

Automated Underwriting System (AUS) findings have become more sophisticated as the mortgage industry has turned its focus to lending quality, transparency, and regulatory compliance. As a result, some are left wondering, do I still need to look things up in my guidelines? The answer is, YES!

Feb 22, 2014

Interviewing Techniques for Mortgage Professionals

We all know that the mortgage industry is an ever-evolving, constantly changing business. Many mortgage lenders adjusted and restructured in 2013 as the refi boom wound down and volume was low. As a result, there is a bounty of mortgage talent available on the market. How can you prepare to be competitive in this employers’ market?

Jan 24, 2014

Show Your Work!

In response to the CFPB’s Ability to Repay (ATR) and Qualified Mortgage (QM) rules, leading investors have instituted a Debt, Income, and Asset Verification Worksheet. This worksheet was created to provide consistency and uniformity in the reporting of underwriter rationale in determining the borrower’s ability to repay. Some lenders are adding this form (or a screen) into their loan origination system.

Jan 17, 2014

Distressed Asset Stabilization Program

The United States Department of Housing and Urban Development (HUD) has and is addressing the housing market’s “shadow inventory” and to target relief to communities experiencing high foreclosure activity. HUD announced that in the first quarter of 2013 10,000 to 15,000 distressed homes were sold by HUD through the DASP.

Jan 10, 2014

Re-defining the Underwriting Role

What are some things that come to mind when we think about the underwriting role? Do you think of the mysterious department in the back where everyone speaks in hushed tones? Do you picture a big, red denial stamp and a person with a maniacal gleam in their eye? If you do, then it’s time to examine the underwriting role more closely.

Dec 13, 2013

The Consumer Financial Protection Bureau’s New Rules

One of the hottest topics in the mortgage industry today is the Consumer Protection Financial Bureau’s (CFPB) sweeping regulatory reforms. Many are questioning how the new rules will impact the industry and whether the reforms are positive or negative. Some have concerns for our ability to remain productive and profitable with so many new restrictions.

Nov 1, 2013

Tips for an Organized Work-Space

Maintaining an organized workspace is essential for loan processing and underwriting efficiency. Underwriters and processors may encounter a wide variety of loan scenarios in their day to day work life, some of which are unfamiliar. When we keep tools, resources, and contact information on hand, we can cut down on the time it takes to look up guidelines and find the answers we need.

Oct 18, 2013

Subordinate Financing Tips

Subordinate financing refers to liens that are secondary to a first lien or mortgage. They are often used in purchase transactions to assist a customer whose purchase price exceeds conforming loan amounts ($417,000) and wish to avoid jumbo pricing. Subordinate liens may also be obtained independently of a purchase transaction for a variety of purposes including home improvements, cash out, and debt consolidation.

Sep 20, 2013

Calculating Wage-Earner Income - Part 2

In the first part of this series we discussed the calculations for hourly wage-earners. Now let’s review salaried borrowers and the correct calculations for the various pay periods. Salaried borrowers have an annual salary that is disbursed throughout the year in structured pay periods. The most common pay periods are bi-weekly and semi-monthly. However, it is important to recognize all the pay-period types and know the correct calculations.

Aug 30, 2013

Calculating Wage-Earner Income - Part 1

Wage-earner income can be complicated when trying to determine the correct income calculation method. There are so many terms we hear in conjunction with income calculation such as: bi-weekly, semi-monthly, wage earner, base salary, and hourly wage. But what do these terms really mean and how do we apply them when calculating income?

Aug 16, 2013

Credit Review Helpful Hints

Most loan processors and underwriters are familiar with the general rules of credit report review. We double check for mortgage lates and we compare our liabilities to the information disclosed on the 1003. However, there are more details to consider within the credit report.

Jul 19, 2013

Best Practices: Written Verifications of Employment

The Written Verification of Employment (WVOE) is a tool commonly used to verify income. It provides critical information for borrowers who have multiple sources of income. Overtime, bonus, and commission can be broken out from the base salary to help the underwriter accurately calculate the qualifying monthly income. However, WVOE’s should not be taken at face value. A proper analysis of these forms can help you correctly calculate income and mititgate risk on the loan.

Jul 5, 2013

Best Practices: Data Integrity & AUS Findings

When underwriting and processing a loan file, we look to the AUS (automated underwriting system) findings to determine what documentation is required. The recommendations on the report help us package a strong loan that will perform profitably. Although DU, LP, GUS, and Total Scorecard findings are strong tools in risk management, their one weak spot is data integrity.

Jun 24, 2013

Best Practices: Reviewing Guidelines

In the correspondent/broker world, where we do not have the benefit of servicing our own loans, it is critical to hone your guideline reviewing skills. Correspondent and broker lenders have up to three sets of guidelines that should be reviewed when underwriting and processing a loan: Agency, Investor, and Insurer / Guarantor. As a result, when underwriting a file, I take the following steps:

Harping on Harp, among other things

Written By: Theresa Furzland

In December I promised to be giving updates on the new HARP refinance programs as details emerge, and so being good to my word I am returning to the subject. Unfortunately there are not many details to talk about, and what there is to say is almost guaranteed to give you a headache.

So here we are, 2012

So here we are, 2012 is underway. Speculation about what this year is going to bring is of course a popular subject these days and the doomsday crowd is getting ready for a party. I hope they are all around to suffer the “hangover” in 2013 since that would mean they are wrong again.

Dec 30, 2011

Are you ready for the New Year?

2012 is here. A year of promises to be made and a year of prophecies. Promises of positive change and prophecies of imminent doom. Whichever it may be I think we can be assured that it is going to be yet another year of change in our industry. So in other words…the same old thing.

I am one of the 99%, therefore I am the 1%

It would feel redundant right now to talk about the mortgage crisis, the financial meltdown, the homeless or really any subject that deals with the issues being discussed by the “Occupy” movements that highlight the controversy of the 99% versus the 1%. We need to talk about solutions.

Oct 29, 2011

Is it working

With the interagency review requiring reform, review of loan files and now the media attention brought by the Occupancy protests are all putting pressure on the large servicers to “clean up their acts”. It seems we may be seeing some positive progress in the form or realistic reform.

The Underwriting Scales of Justice

As I was going through some of my old paperwork the other day, getting ready to move my office, I came across this old gem. Dating before credit scores, these Scales of Justice are just as important today and so I thought I’d share them with you.

Complete 1003

The completion of the loan application form can make the loan process smooth or a nightmare. A complete application with the proper supporting documentation versus an inaccurate application can make all the difference in the world. We all know this, it is mortgage 101, however to this date it is one of the biggest concerns/problems in the system. The problem I think is that often times the completion of the loan application is looked at as a “starting point...to be completed later”.

Are You Tired Of Hearing The Word Change?

Well...I’m going to start with a short background of my career and a hint about the future subject matter you are likely to see from me. I have worked in the mortgage industry for 25 years now and you could really say I’m a “lifer” as my father’s family was also in the industry as realtors, lenders and appraisers.

Shortcuts

I sat down at my computer tonight and thought I’d see how many acronyms I could rattle off the top of my head. Here is my 10 minute effort: (and if you know what they all stand for – you’ve been in this business too long!)

Foreclosure Fiasco – Let it serve as a reminder to us all

The recent mess with the foreclosure paperwork (or lack thereof) can serve as a reminder to all of us about the importance of due diligence and complete and accurate loan files and not to let automation make us complacent.

Refi whys?

Yes, I’m still receiving the rare refinance inquiry from my loyal past clients and referrals. These calls generally start like this – Hi Theresa, I’ve been seeing ads everywhere that interest rates are at record lows and I should refinance my mortgage now...or...I got a phone call saying I could get a great refinance deal and it won’t cost me anything and will lower my rate as low as 3.5%.

Perspectives – Origination

This week I’m looking through my originator eyes. I tend to think of myself more as a Mortgage Loan Advisor than a Loan Officer. As I have already mentioned, probably more than once, I never set out to be a loan originator and I am the first to admit that I am not a “salesman”. I do love this part of the process however and for one reason.