Wildfires, Power Outages, Now Flooding?

Industry Update
November 4, 2019

Source: USA Today

Californians have recently endured the dual hardships of wildfires and mass power outages meant to prevent them, not always effectively.

Now comes word that desert communities in the Golden State could be at risk of flooding.

What’s next, locusts and pestilence?

Well, it’s not quite that dire, but a recent decision by the U.S. Army Corps of Engineers serves as a reminder that everyone is at the mercy of Mother Nature, and preventive measures can go a long way toward sparing life and property.

Here are five questions addressing a new risk that most Californians didn’t even know existed:

What did the U.S. Army Corps do?

It switched the Dam Safety Action Classification of the Mojave River Dam from low to high urgency of action, meaning steps must be taken to safeguard communities close to the river – such as Hesperia, Apple Valley, Victorville and Barstow – from flood hazards.

A recent risk assessment determined that, in an extreme weather event, water could flow over the nearly 50-year-old dam and it could breach, endangering 16,000 residents downstream and property valued at $1.5 billion. Floodwaters could reach as far as Baker, more than 140 miles away.

For full article, please click the source link above.

Weight of the World: Challenges in Property Preservation

Safeguard in the News
November 1, 2019

Source: DS News

Housing remains a bright spot in economic growth, according to commentary from the Fannie Mae Economic and Strategic Research (ESR) Group. Risks to the ESR Group’s forecast remain biased to the downside, while trade tensions between the U.S. and China continue to pose the greatest threat to growth, but housing is expected to be a source of strength in the near term. With this improved economic activity in housing, competition between service providers remains strong.

However, according to Chad Mosely, Chief Relationship Officer at MCS, competition brings its own complications when it comes to maintaining a top-notch team.

“As we are currently experiencing a strong economy, we have seen that finding vendors and employees can often be challenging,” he told DS News. “In addition to not having as many vendors and employees looking for work, we are also competing against a robust homebuilding industry.”

Alan Jaffa, CEO, Safeguard Properties, noted that current employment conditions, at least in the property preservation space, could be impacting costs.

According to Xactware pricing trend data, 2018 average property preservation and maintenance retail labor rates rose by an average 4.3% across the board, with drywall installers showing a 10% increase.

“The labor market also is tightening for skilled talent for inspector/contractor networks,” said Martin. “As volumes decline, it is not as profitable for them to invest time and money in maintaining their mortgage field services businesses.”

The price of property preservation and maintenance has also been in flux in recent years, according to Rob Martin, Product Manager for Property Solutions at Xactware, and with pricing so volatile, costs may not be what they seem.

“Cost data indicated price volatility throughout many categories during 2018 and early 2019,” Martin said. “These price fluctuations, some of which were quite sudden, rendered older and outdated pricing data sets too unreliable for making business decisions.”

Cheryl Travis-Johnson, COO, VRM Mortgage Services, noted that one of the biggest challenges in property preservation is costs between the servicer and the vendor.

“The seller wants to keep costs down, and the vendor needs their costs to cover their profit margin,” Travis-Johnson said. “If they don’t meet in a good place, you risk having the vendor compromise to remain sustainable.”

Staying on the Same Page

Another ongoing challenge on the property preservation front is working to ensure that all stakeholders in the property preservation chain are the same page. Jaffa noted that timeframe problems can often crop up, as not every vendor and service provider works exactly the same way.

“Completion timeframes differ among investors, and local codes often require services beyond the scope of the work assigned to property preservation companies by clients,” Jaffa said.

“Another current challenge we have seen in the industry is the enhanced oversight of cities with vacant properties,” Mosely said.

Over 1.5 million U.S. single-family homes and condos are vacant, representing 1.6% of all homes, according to a new report from ATTOM Data Solutions. The report revealed that there are a total of 9,612 “zombie” homes or properties facing possible foreclosure which have been vacated by their owners nationwide, with the highest number of zombie properties in New York (2,428), followed by Florida (1,634), Illinois (985), Ohio (891), and New Jersey (463).

When it comes to managing these properties, Mosely told DS News that communication is key.

“As more and more cities establish new legislation to protect and preserve their communities, we are constantly evolving our property registration process to keep up with these updates,” Mosely said. “This includes maintaining communication with code officials, reviewing ordinances, and updating our property registration matrix to determine the risk of properties.”

A Daunting Forecast

Of course, damaging natural disasters, ranging from storms to wildfires, earthquakes, and floods, all present an increasingly significant risk to the property preservation industry. Chad Mosely suggested that leveraging technology is the key to staying ahead of these dangers, and to responding to them properly when they do occur.

Advancing technology can allow servicers and vendors to track the paths of storms and identify the properties at the highest risk of damage, Mosley said.

“This permits servicers to prioritize which properties need to be addressed first, and also enables them to prioritize customer outreach immediately.”

Costs, of course, can also be elevated following disasters, as Jaffa pointed out, thanks to factors such as debris disposal.

Many of the challenges associated with disaster preparedness come down to the bottom line of money, both on the servicer and vendor front.

Jane Mason, Founder and CEO of Clarifire, stressed how servicers are going to need to change their previous notions about natural disasters moving forward, at least in part to reduce the current high costs associated with disaster preparedness.

“As any mortgage servicer will attest, managing through natural disaster events can wreak havoc on the cost of servicing,” Mason said. “This is why today’s technology needs to help reduce risk for servicers, as well as their borrowers and investors, when a disaster occurs. The goal is to minimize expenses and add controls during events that can quickly go in the other direction if planning and proactive strategies are not in place.”

In disaster areas, servicers are going to face competition among vendors and local resources, and cooperation is required.

“Not only are we sharing vendors in the affected areas, but many times, the vendors are personally affected by the disasters and may either not be able to perform the work or be limited in the amount of work that they can accept,” Mosely said.

Jaffa concurred, stating, “Property preservation companies need to assess the capabilities of their inspector and contractor networks in the affected area. Often, because those inspectors and contractors in the area of the disasters have been impacted themselves, preservation companies need to reallocate resources for periods of time and adjust as needed.”

According to Alan Jaffa, “time is of the essence” when it comes to these events. This means vendors and servicers must prioritize ahead of time by establishing allowables so affected properties can be preserved on the property preservation provider’s first visit.

“With the volume of properties affected and the potential for serious damages heightened, property preservation vendors cannot get delayed by lengthy bid cycles with the client or investor,” Jaffa said. He also recommended prioritizing damage repairs in a descending manner from most critical to least critical.

“For example, vendors need to address any leaks before they begin cleanup services, like removing water-soaked items and debris,” Jaffa said.

The U.S. has  experienced 36 major disasters so far in 2019, according to data from Fannie Mae, and for those homes in disaster-areas, preparation begins at the building process. Mike Hernandez, VP for Housing Access and Disaster Response & Rebuild at Fannie Mae, stated that “preparedness should include far more than financial steps and logistics.”

A study by the National Bureau of Economic Research found that mortgages written on homes in these “exposed locations” are being shed by banks and absorbed by Fannie Mae and Freddie Mac. “This implies that homeowners and investors have been making location decisions without properly pricing the cost of potential peril, and that the government has been enabling the oversight,” the Harvard Business Review reporter.

Chad Mosely also noted that the number of homes in high-risk areas has grown.

“As growth and population have increased, properties affected by natural disasters have increased,” Mosley said. “As a result, there are more homes in areas that could be affected by natural disasters. As such, it is critical that we continue to perfect processes and technology to address these risks as they arise.”

Mosely added that the most important part of preparation is to have the finances available ahead of time in the event of a disaster, especially those in disaster-prone areas.

“We recommend that servicers have a pre-approved emergency allowable for natural disasters that allow completion of certain emergency work to prevent additional damage (such as drywall removal and water extractions),” he said. “These services could make the difference in a property having repairable damage versus catastrophic damage.”

The problem with preparing, Mosely added, is that storms are often unpredictable.

“There are many instances where servicers will spend time and money protecting homes from damage, but then the storm changes its course and hits many homes not protected,” he said.

To alleviate the headache of dealing with the unexpected, making you sure there are clear guidelines in place between servicers and vendors can make all the difference.

“It would be helpful if investors provided more specificity on how each investor wants mortgage servicers to behave following a major storm or disaster,” Jaffa  said. “Some investors have procedures in place while processes can remain unclear for others. Establishing clear guidelines and continuously updating them following a major storm or disaster will alleviate some of the challenges when managing affected properties.”

The Tech Factor

“Technology needs to help reduce risk for servicers, as well as their borrowers and investors,” Mason said. “Consider implementing technologies that can seamlessly take the customer from onboarding through each phase of servicing, including loss mitigation—with no gaps. Such capabilities are valuable for servicing in general but even more important when evaluating an uncontrollable event such as a natural disaster.”

According to Mason, disasters, tragic as they are, can be a time for advancement.

“The bottom line is that natural disasters do not need to create workflow disasters—nor should they,” she said. “They offer a prime opportunity for servicers to enhance customer service and take a giant technological leap forward. The key is to capitalize on technologies emerging out of digital disruption to manage disaster recovery and win customer allegiance at the same time. By letting automation handle the ups and downs of disaster mitigation, as well as its complexities, servicers can create eternal customer loyalty.”

New technology is already making disaster response easier, as servicers are able to react faster.

“Coupled with improvements in technology like weather-mapping and geo-fencing, clients have the ability to be more targeted in their disaster responses,” said Alan Jaffa.

Of course, the benefits of advancing tech are not just limited to disaster prep and recovery.

Kerry Medel, Client Relationship and Operations Manager for Brookstone Management’s Property Preservation Division, notes how new tech can impact not only costs, but cut time in the QA process.

“Companies today are constantly reevaluating their field services QA processes in the quest to not only reduce timelines but also their exposure by exploring new avenues to integrate automation into their QA procedures,” she said.

“The most successful QA model will not be built solely on the paragon of technology,” she continued. “It will consist of a coalescence of technological exploitation, alongside team members with the most creative, knowledgeable, and analytical minds, who live among the patterns, embracing the errors much more than the successes—it will be a fine balance between man and machine.”

“It is critical that we continue to perfect processes and technology to address these risks as they arise,” Mosely said. “By continuously improving processes, developing our employees, and improving technology, we are able to make our business more efficient and, in turn, be prepared for the future.”

Foreclosure Zombies Are Fading

Industry Update
October 31, 2019

Source: DS News

According to the Q4 2019 Vacant Property and Zombie Foreclosure Report from ATTOM Data Solutions, zombie properties have fallen to 2.96% of foreclosures, down from down from 3.2% in Q3 2019 and 4.7% in Q3 2016.

“The fourth quarter of 2019 was a repeat of the third quarter when it came to properties abandoned by owners facing foreclosure: the scourge continued to fade. One of the most visible signs of the housing market crash during the Great Recession keeps receding into the past,” said Todd Teta, chief product officer with ATTOM Data Solutions. “While pockets of zombie foreclosures remain, neighborhoods throughout the country are confronting fewer and fewer of the empty, decaying properties that were symbolic of the fallout from the housing market crash during the recession.”

Around 1.5 million (1,527,142) U.S. single family homes and condos were vacant in Q4, representing 1.5% of all U.S. homes. The highest percentage of zombie foreclosures were still in Washington, D.C., with 10.5% of foreclosures as zombie foreclosures. States where the zombie foreclosure rates were above the national rate of 2.9% included Kansas (7.9%), Oregon (7.9%), Montana (7.4%); Maine (6.7%) and New Mexico (5.8%), with the highest actual number of zombie properties in New York State (2,266).

In response to the high number of zombie properties, New York received $500,000 in funding for a new team that will focus on cracking down on zombie properties that have been abandoned and are in foreclosure, according to PIX11. New York in 2016 was empowered by a zombie property law that requires financial institutions to inspect properties delinquent on foreclosures. The city’s first zombie team was created in 2017.

Falling right behind New York in zombie property volume is Florida (1,461), Illinois (892), Ohio (823) and New Jersey (398). However, ATTOM notes that these numbers have all fallen year over year.

The lowest rates of zombie foreclosures were in were in North Dakota, Arkansas, Idaho, Colorado and Delaware. These states all had rates below 1.2%.

FHFA: Prepared Remarks of Dr. Mark A. Calabria

Investor Update
November 5, 2019

Source: FHFA

“REAL CHANGE HAS BEGUN: BUILDING MOMENTUM FOR LASTING HOUSING FINANCE REFORM”

Thank you, Reed, for that kind introduction. And thanks to Michael Bright and the leadership of SFA for inviting me to speak here today.

The mission of SFA is to ensure that securitization finances “responsible lending and remains committed to the safety, soundness, and growing needs of the entire economy.”

I share that mission, too. And it is why I believe our mortgage finance system is in urgent need of reform.

Fannie Mae and Freddie Mac – the two largest entities that I regulate – just entered their eleventh year of conservatorship. This is much longer than any financial institution conservatorship has ever lasted. It gives Washington a far-reaching influence over the nation’s housing finance system, and it leaves taxpayers at risk.

If you add up all federal programs, taxpayers are exposed to nearly 63 percent of all single-family mortgage debt outstanding, or $6.9 trillion.

Today’s mortgage finance system poses significant risk not only to taxpayers, but also to borrowers, renters, homeowners, and our entire financial system. Yet, since 2008, mortgage finance reform has received much discussion but very little action.

When my tenure at FHFA began six months ago, I said the status quo is no longer an option and change is on the way. Since then, real change has begun, and we are building momentum for lasting reform.

And one week ago, FHFA marked another critical milestone in our progress when we released a new Strategic Plan and Scorecard for Fannie Mae and Freddie Mac.

I came here today to discuss what is in the new Strategic Plan and Scorecard. These two documents will be critical in guiding Fannie and Freddie through this important time of change and reform.

But first, let me clarify why we need reform now.

I recognize that business is pretty good for most people in mortgage finance today – especially now that we are in a refi market. And it does not hurt that the economy has been booming the past few years and house prices have been rising at a steady clip.

Some see these positive economic trends as evidence that reform should wait for a crisis. I disagree. To quote President John F. Kennedy, “The time to repair the roof is when the sun is shining.”

Now is the time to reform our mortgage finance system because our economy and housing market are strong.

Also, I imagine many of you would prefer a little bit less “boom and bust” in the real estate and mortgage markets.

A more stable and predictable market would be better for everyone’s business. It may also be more boring. But boring looks pretty good from the wrong side of a cycle of boom and bust.

As a safety and soundness regulator, my job is to hope for the best but prepare for the worst. That is why we must act now to repair the roof before it starts raining.

A root cause of the 2008 financial crisis was imprudent mortgage credit risk backed by insufficient capital. This fundamental problem remains unresolved today.

A case in point is Fannie and Freddie, which are undercapitalized for their size, risk, and systemic importance.

Together, they own or guarantee $5.6 trillion in single and multifamily mortgages – nearly half the market. And until very recently they were limited to just $6 billion in allowable capital reserves. When I first walked in the door at FHFA, the combined leverage ratio at Fannie and Freddie was nearly a thousand to one.

In September, Treasury Secretary Mnuchin and I signed a letter agreement modifying the terms of the Preferred Stock Purchase Agreements. Now, Fannie and Freddie can retain capital of up to $45 billion combined.

After retaining just one quarter’s net worth, I am proud to say that in my first 6 months at FHFA, we have nearly tripled the capital at Fannie and Freddie. This is a significant step forward. But it is just the beginning.

Their combined leverage ratio still stands at just over three hundred to one. To put this in perspective, our nation’s largest banks have an average leverage ratio of around ten to one.

In addition to low capital levels at the Enterprises, we have seen mortgage credit risk rising across the market for several years.

Regardless of loan quality, when the tide turns, there will be defaults, and Fannie and Freddie do not have the capital today to withstand a downturn.

Fannie and Freddie are not the only ones responsible for today’s broken status quo. For more than 11 years, they have been operating under government control through the conservatorships. This means their performance is also a function of government policies.

That is why there is momentum building across the government to fix those policies.

A critical step forward came in September when the Departments of Treasury and Housing and Urban Development released reform plans.

These plans represent a fundamental shift from past policies. They aim to prepare Fannie and Freddie to withstand a downturn and to operate safely and soundly outside of conservatorship.

I share this goal. The new Strategic Plan and Scorecard are critical to achieving it.

The Strategic Plan outlines FHFA’s priorities that will guide Fannie and Freddie’s operations. And the Scorecard is FHFA’s primary tool to hold Fannie and Freddie accountable for achieving those priorities.

The three objectives of the new Strategic Plan and Scorecard are to ensure that Fannie and Freddie…

Number 1 – Focus on their mission of fostering competitive, liquid, efficient, and resilient national housing finance markets.

Number 2 – Operate in a safe and sound manner appropriate for entities in conservatorship.

And Number 3 – Prepare for their eventual exits from the conservatorships.

Let me emphasize that third point: FHFA is moving forward to develop and implement a roadmap to end the conservatorships of Fannie Mae and Freddie Mac.

This is not simply a policy preference. It is a statutory duty.

The Housing and Economic Recovery Act of 2008 directs the FHFA Director to release Fannie and Freddie from conservatorship through one of three mechanisms: “reorganizing, rehabilitating, or winding up [their] affairs.”

Ending the conservatorships is one of my top priorities because it is what the statute requires. FHFA is not going to ask Congress for permission to do what Congress has already told us to do.

Of course, I will also continue advocating for – and working with Congress to advance – much-needed legislative reforms.

There are some things that only Congress can do. One of them is to create an explicit guarantee.
If Congress does create an explicit guarantee, it should be limited, clearly defined, and paid for.

At the same time, FHFA will move forward to fulfill our responsibilities under the law.

One of my principal statutory duties is to ensure FHFA’s regulated entities foster competitive, liquid, efficient, and resilient national housing finance markets. This is the first objective of the new Strategic Plan and Scorecard.

A critical component of a liquid housing finance market is the continued success of the Uniform Mortgage Backed Security. UMBS is now the primary vehicle for the Enterprises to bring affordable liquidity to the market by connecting global investors to lenders of all sizes to borrowers.

The UMBS is the result of an industry-wide effort. On the FHFA side, Liz Scholz – who you will hear from later today – played a key role in the successful launch in June and its operation since then.

The continued success of the UMBS is a key priority in the Strategic Plan and Scorecard. And to ensure that success, this morning FHFA issued a Request for Input around the Enterprises’ UMBS pooling practices.

This RFI seeks to ensure that UMBS remains a source of stable, affordable liquidity for our nation’s housing finance system.

The requested input will help FHFA determine whether further action or alignment is necessary to ensure reasonably consistent security cash flows and continued fungibility of the Enterprises’ UMBS.

Also, FHFA is seeking input on whether more aligned pooling practices could facilitate the issuance of UMBS by market participants beyond Fannie Mae and Freddie Mac.

To facilitate market engagement, the RFI includes a proposal for Enterprise pooling practices that would channel the majority of Enterprises production into larger, multi-lender pools.

This would ensure more uniform cash flows for TBA investors. And it would continue to allow issuance of specified pools under appropriate circumstances.

The RFI proposal would also align Enterprise policies with the actions to be taken when a specific seller or servicer exhibits prepayment behavior outside acceptable norms that may adversely impact UMBS.  We look forward to input from all interested parties on this important matter.

The new Strategic Plan and Scorecard are also focused on preparing for the transition from LIBOR to alternative reference rates.

I know this is a topic of great interest to all of you – and it is a major priority for FHFA and the entities we regulate. This transition is vitally important given the planned phase-out of LIBOR as early as 2021.

FHFA’s focus is to ensure that the Federal Home Loan Banks and the Enterprises reduce risk exposure and prudently expedite the transition away from LIBOR.

FHFA supervisory guidance has already directed the Federal Home Loan Banks to stop purchasing LIBOR-based investments or entering into LIBOR-indexed transactions with maturities beyond December 31, 2021. And at some point, Fannie and Freddie will transition away from LIBOR-based mortgage loan products.

FHFA has taken several other steps in the past six months to foster markets that are competitive, liquid, efficient, and resilient.

In September, FHFA released new multi-family loan purchase caps for Fannie and Freddie. They ensure a strong focus on their statutory mission without crowding out private capital.

The new caps provide ample support to the multi-family market with a combined $200 billion in purchase capacity through 2020. And they close loopholes that had enabled the Enterprises to unnecessarily displace private capital.

A key aspect of the new caps is that they increase the levels of Fannie and Freddie’s multi-family business that is mission-driven, affordable housing to at least 37.5 percent.

Also in September, FHFA issued formal policy guidance prohibiting the Enterprises from volume-based variances and exceptions. Within conservatorship, it is my intention that all lenders receive similar treatment.

This is an important element to leveling the playing field for small lenders and fostering fair competition. But there is more work to be done.

A key example is the Qualified Mortgage standard. The responsibility to change QM lies with the Consumer Financial Protection Bureau. But Fannie and Freddie have a role to play, too.

In the Strategic Plan and Scorecard, FHFA directs Fannie and Freddie to support the development of a QM standard that applies equally to all players originating responsible loans. This means there can be no special advantages for anyone.

Another example is Reg AB II. Ultimately, this is the responsibility of my colleagues at the SEC – and I am encouraged to see them taking steps to gather public input on some of the challenges of asset-backed securities disclosures.

I know just before lunch you heard from my good friend SEC Commissioner Hester Peirce, who is doing a fantastic job. I will continue to partner with Commissioner Peirce and all of SEC on this important issue. Identifying relevant and streamlined data standards will provide transparency to investors in all mortgage-backed securities markets.

I noticed that the next session on today’s schedule asks: “Will Private Capital Fill the Gap?”

Private capital has the potential to fill the gap. But it will not be able to if it is hobbled by regulation.

Both QM and QRM create a tremendous amount of uncertainty that is holding back the mortgage market today. Fixing QM and QRM is critical to resolving that uncertainty. This will level the playing field, bring competition into the market, and enable private securitization to play a larger role.

This should be obvious, but it is worth emphasizing: No policy change will matter unless Fannie and Freddie are financially viable and strong enough to withstand a downturn in the economy.

That is why it is critical for FHFA to ensure Fannie and Freddie operate in a safe and sound manner. This is the second objective of the new Strategic Plan and Scorecard.

Meeting FHFA’s safety and soundness standards means aligning Enterprise risk profiles with their capital levels. This is paramount while Fannie and Freddie remain in conservatorship. And it is a prerequisite for ending the conservatorships.

The essential criteria of safety and soundness is: Are Fannie and Freddie resilient enough to withstand a downturn on the scale of what we saw in 2007 and 2008?

We know they cannot meet that standard right now. But I believe they are capable of and committed to getting there. In fact, today I think we see the strongest board and management teams in the history of these companies. I will measure progress by looking at whether they are moving in the right direction and as quickly as possible without jeopardizing their mission.

Implementing the Strategic Plan and Scorecard will not be calendar driven.

It will be driven by meeting the key mile markers needed to move from today’s unsustainable status quo to a reformed and resilient housing finance system.

Fannie and Freddie cannot change their risk profiles overnight. But the Strategic Plan and Scorecard direct them to begin the process of calibrating their risk to their capital levels.

Here again, real change has already begun.

In response to the rising risk I mentioned earlier, Fannie and Freddie have taken measured steps to address loans with layered risk.

When tailoring risk, we will proceed thoughtfully. But this does not mean moving slowly. Small adjustments to the footprint can pay significant dividends in trimming the tails of risk.

Within the conservatorship, Credit Risk Transfer has been an important mechanism of reducing credit exposure at Fannie and Freddie.

I know you have already heard from FHFA’s Naa Awaa Tagoe on the latest with CRT. Naa Awaa has played an integral role in driving the successes of CRT, and we are fortunate that she is on the team at FHFA.

In the six years since the program began, CRT activities have included securities issuance, insurance and reinsurance structures, senior-subordination securitizations and a variety of lender risk-sharing transactions.

Fannie and Freddie have conducted just over $3 trillion of CRT activity on reference pools with mortgage loan balances at the inception of the transactions.

This has transferred a substantial amount of credit risk to private capital and helped reduce taxpayer exposure.

The new Strategic Plan and Scorecard recognizes a continued role of CRT in managing risk at the Enterprises. That is why FHFA is directing the Enterprises to conduct a comprehensive CRT review in 2020 to develop lessons learned and strengthen the program for the future.

One of the new ways that FHFA will tailor risk at the Enterprises is to address overlaps with the Federal Housing Administration.

Reducing these overlaps is one of the recommendations in the Administration’s housing finance reform plans.

It is also essential to preparing for a responsible end the conservatorships. This is the third objective of the new Strategic Plan and Scorecard.

Thoughtfully addressing these overlaps makes sense for both the Enterprises and FHA because they were created to perform different roles in our housing finance system.

Improving the credit quality of FHA lending will also improve the quality of Ginnie Mae securities.

Change has already begun. FHFA is in the early stages of consulting with HUD and FHA. Our approach is to focus each program on fulfilling its distinct mission, while ensuring the secondary market continues to provide liquidity and access to credit.

In order to responsibly exit conservatorship, Fannie and Freddie must not stretch to serve borrowers who are better served by FHA. This is critical to not repeating the mistakes of the 2008 crisis.

Aligning risk to capital must be coupled with building capital to match risk. This is a precondition for exiting conservatorship.

Here again, change has already begun – and it is building momentum for lasting reform.

As I mentioned, in September, Secretary Mnuchin and I modified the PSPAs, allowing Fannie and Freddie to nearly triple their capital.

FHFA is also working on a capital rule that balances the imperative of protecting taxpayers, the mission of supporting liquidity, and the economic incentives of raising private capital.

We will soon be announcing whether or not the capital rule will be re-proposed and under what terms. We are moving thoughtfully and methodically because this may be the most important rule of my tenure.

But FHFA having a capital rule is not the same as the Enterprises actually having capital. The real work of reform can begin only after we finalize the rule.

Also, I will continue to work with Secretary Mnuchin on further revisions to the PSPAs necessary to end the conservatorships.

The objectives of the new Strategic Plan and Scorecard – and the changes we have made the past 6 months – lay the foundation for Fannie and Freddie to ultimately raise private capital.

But again, the path out of conservatorship will not be driven by the calendar. It will be driven by Fannie and Freddie meeting the mile markers set out for them.

I am the first to recognize the size and scope of the agenda that I just outlined. We certainly have our work cut out for us.

The only way to accomplish an agenda like this is to work together. Organizations like SFA have an important role to play.

I invite you to be partners in today’s effort to ensure that we have the strongest and most resilient mortgage finance system in the world.

Let me close with some words of wisdom from President Lyndon Baines Johnson.

In his first Thanksgiving address from the White House, he told the American people: “Yesterday is not ours to recover, but tomorrow is ours to win or lose. I am resolved to win the tomorrows before us.”

I hope you share that resolve – because when we put in the hard work to enact the changes that we believe in, we will “win the tomorrows before us” and build momentum for lasting reform.

Thank you.

Contacts:
​Media:   Raffi Williams (202) 649-3544  / Stefanie Johnson (202) 649-3030

Freddie Mac: Get Ready for Servicing Gateway

Investor Update
November 6, 2019

Source: Freddie Mac

Single sign-on, quick navigation and a more customized user experience is almost here.

Your New Technology Experience – What You Need to Know

On December 9, 2019, Freddie Mac Servicing Gateway will be your all-in-one platform featuring nearly all of our servicing tools, most of which will be accessible under a single sign-on and organized by the way you service loans. For a list of the 14 tools that will be in Servicing Gateway, see our solutions.

Six new tools will replace Service Loans application

To help you work faster and smarter, we’re replacing the Service Loans application with the following standalone tools in Servicing Gateway:

Cash Manager

Loan Level Reporting*

Servicing Transfer Manager

Foreclosure Sale Reporting

Real Estate Valuation and Pricing

EDR

* Note: The ‘Set User Context’ function will be removed in Loan Level Reporting to simplify how you transact with multiple Seller/Servicer numbers.

As a result of these new tools, a few tools (and former functions in Service Loans application) will be renamed. For example, Transfer of Servicing will be visible as Servicing Transfer Manager.

Access is easy

Your access to our servicing tools remains unchanged; you will use your current user ID and password to access Servicing Gateway as of December 9, including the new Service Loans application tools.

Cycle Loans will be removed

Do you use the “Cycle Loans” function in Service Loans application today? This feature will be removed with the retirement of Service Loans application on December 9; however, there are alternative ways to more efficiently report loan-level activity. Learn about these options in the Import Loans Reference Guide.

Servicing Data Corrections is required December 9

Servicing Data Corrections is a manual process that has evolved into a new servicing tool and will join the Servicing Gateway on December 9, at which time it will be required for use. It offers an automated way to submit/track post-settlement and REO data correction requests, and it’s available now. Get started.

Post-Fund Data Corrections moves to Servicing Gateway

The Post-Fund Data Corrections tool will be transitioned to Servicing Gateway, creating a new login experience for users. Sellers and Servicers will use their current user IDs and passwords, the only change is you will be routed through Servicing Gateway on your way to using the tool.

A new way to access your Scorecard

You’ll have a new way to access your Servicer Success Scorecard as the Servicer Performance Profile will be one of the 14 tools that transition to Servicing Gateway as of December 9.

Questions?

For questions on Servicing Gateway, please contact your Freddie Mac representative or the Customer Support Contact Center at 800-FREDDIE.

Freddie Mac: Taxpayer First Act and Use of Tax Return Information

Updated 12/20/19: Freddie Mac issued a release highlighting information made available by the Internal Revenue Service (IRS) that helps clarify the application of Section 2202 of the Taxpayer First Act.

New IRS Information on Taxpayer First Act

Investor Update
November 6, 2019

Source: Freddie Mac

This notice is being provided as a courtesy to our clients.

The Taxpayer First Act, signed into law on July 1, 2019, includes a provision that persons receiving tax return information must obtain the express permission of taxpayers prior to disclosing it to any other person. This component of the law goes into effect on December 28, 2019. “Tax return information” is defined under the IRS Code, 26 U.S.C. § 6103.

Sellers or Servicers obtaining tax return information after taxpayer consent during the origination or servicing of a mortgage also must obtain the consent of the taxpayer to be able to share this information with another party. Such permitted sharing should extend to actual or potential owners of the loan, such as Freddie Mac or any other loan participant.

The Internal Revenue Service has indicated that it has no plans at this time to provide a standard form to use when disclosing or sharing tax return information with other parties.

The Mortgage Industry Standards Maintenance Organization (MISMO®) drafted a sample Taxpayer Consent Form designed for Sellers/Servicers to use for this purpose. MISMO members can access this sample form on the MISMO website. Sellers/Servicers may also prepare their own taxpayer consent form, as long as the form provides the Seller/Servicer with express permission to obtain tax return information and to share it with potential loan purchasers in accordance with the terms of the Act.

The Freddie Mac Single-Family Seller/Servicer Guide (Guide) requires compliance with all federal, State and local laws. Once the law becomes effective on December 28, 2019, Sellers must obtain a signed taxpayer consent form from borrowers for all mortgages with Freddie Mac settlement dates on or after December 28, 2019.

Servicers must also obtain signed consent forms on or after this date when tax return information is obtained as part of the servicing function (for example, when processing a mortgage modification). We will update our Guide with a future Guide Bulletin to require that a signed copy of the consent form be maintained in the mortgage file.

Clients should consult their legal counsel or compliance department regarding compliance with the Taxpayer First Act.

 

Fannie Mae: Modification Interest Rate Adjustment Update

Investor Update
November 6, 2019

Source: Fannie Mae

The Fannie Mae Modification Interest Rate is subject to periodic adjustments based on an evaluation of prevailing market rates. The servicer must use the current Fannie Mae Modification Interest Rate indicated below when evaluating a borrower for a conventional mortgage loan modification.

NOTE: As a reminder, the interest rate used to determine the final modification terms must be the same fixed interest rate that was used when determining eligibility for the Trial Period Plan and calculating the Trial Period Plan payment.

To view exhibit, please click the source link above.

Fannie Mae: Selling and Servicing Notice

Updated 12/19/19: Fannie Mae confirmed an Internal Revenue Service (IRS) post clarifying that Section 2202 of the Taxpayer First Act is effective only for disclosures made by the IRS with the taxpayer’s consent after Dec. 28, 2019, and any subsequent redisclosures and uses of such information.

IRS Clarifies Effective Date and Scope of Taxpayer First Act

Updated 12/16/19:
Fannie Mae issued an updated version of the Taxpayer First Act and Use of Tax Return Information Selling and Servicing Update previously released on November 6, 2019.

Selling and Servicing Notice (updated version)

Investor Update
November 6, 2019

Source: Fannie Mae

The Taxpayer First Act was signed into law on July 1, 2019. It includes a provision that persons receiving return information must obtain the express permission of taxpayers prior to disclosing that return information to any other person. “Tax return information” is defined under the IRS Code, 26 U.S.C. § 6103.

Therefore, if a lender or servicer obtains tax return information during the origination or servicing of a mortgage loan, the lender or servicer must obtain express consent from the taxpayer to be able to share the tax information with another party. Such sharing would extend to actual or potential owners of the loan, such as Fannie Mae or any other loan participant. This component of the law goes into effect December 28, 2019.

The IRS has indicated that it has no plans at this time to provide a standard form related to disclosing or sharing tax return information with other parties. However, the Mortgage Industry Standards Maintenance Organization (MISMO®) drafted a sample Taxpayer Consent Form designed to allow sellers/servicers to share tax return information with other loan participants. (available to MISMO members). Sellers/servicers may also prepare their own taxpayer consent form, as long as the form provides the seller/servicer with express permission to share tax return information in accordance with the law.

This Notice is being provided as a courtesy to our customers. As a reminder, the Selling Guide requires compliance with all federal, state, and local laws. We are not imposing any new requirements over and above the sellers/servicers’ existing requirement to comply with the A3-2-01, Compliance with Laws. Because the law becomes effective on December 28, 2019, sellers should obtain signed taxpayer consent forms from borrowers in connection with all loans that are sold to or securitized by Fannie Mae on or after that date. Servicers must also obtain consent on or after December 28, 2019 when tax return information is obtained as part of the servicing function (for example, when processing a loan modification). As with all other origination and servicing records, a copy of the signed consent must be maintained in the loan file.

If customers have any questions or concerns regarding their compliance with the new law, they should contact their legal counsel or compliance department, Fannie Mae account team, Portfolio Manager, or our Single-Family Servicer Support Center at 1-800-2Fannie (1-800-232-6643).

Mortgage & Property Preservation Leaders Discuss Servicing and Regulation

Safeguard in the News
November 4, 2019

Source: MReport

Beginning Sunday, November 3, industry leaders converged on The Mayflower Hotel in Washington, D.C., for the 2019 National Property Preservation Conference (NPPC). Presented by Safeguard Properties, the event included collaborative discussions about topics including code violations, vendor management, hazard claims, and other challenges and hot topics facing the property preservation sector.

After an opening night reception Sunday evening, NPPC kicked off in full Monday morning with a welcome speech from Safeguard Properties CEO Alan Jaffa. Continuing the legacy of Safeguard’s founder, the late Robert Klein, the National Property Preservation Conference brings together a cross-section of industry stakeholders to brainstorm on challenges such as natural disaster response, regulatory compliance, and more.

“I’m always energized by this conference and what it provides for our MCS team as well as the industry,” said MCS CEO, Caroline Reaves. “It’s the one time each year when we all get together and focus solely on property preservation. The MCS team always looks forward to this conference, as it provides an opportunity for open, honest dialogue with our peers in the industry.”

Monday morning also featured a Q&A session with The Hon. Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner, United States Department of Housing and Urban Development. Speaking with Ed Delgado, President & CEO, Five Star Global, Commissioner Montgomery discussed recent policy changes, including HUD’s increased role in oversight of the False Claims Act.

Dr. Benjamin Carson, Secretary of the Department of Housing and Urban Development, announced last week that HUD was implementing changes to annual eligibility certifications, loan limit certifications, and defect taxonomy under the Act, alterations which were designed to bring more depository lenders back to originating FHA loans.

Commissioner Montgomery told the crowd that HUD had been engaged in an ongoing dialog with the Justice Department from “day one” of the Trump administration regarding how to better manage the False Claims Act. Montgomery added that HUD had felt strongly that the annual eligibility certifications, loan limit certifications, and defect taxonomy changes all needed to be addressed at the same time.

Facing hurdles such as a government shutdown in the midst of this process, Commissioner Montgomery said the work on the False Claims Act revisions gained a new head of steam under Attorney General William Barr. After revising an initial document of proposed changes down from “around 12 pages to around six or seven pages,” HUD and the DOJ were able to come to a consensus, Commissioner Montgomery said.

Speaking of the changes and the revised procedure for handling False Claims Act cases, Commissioner Montgomery said, “It’s a good suite of products, because it speaks to when something has materiality, and it’s a very prescribed set of circumstances.”

Delgado also hosted his annual “State of the Industry” panel. This year, he was joined by industry leaders including:

  • Alan Jaffa, CEO, Safeguard Properties
  • Brian Martin, COO, Dakota Asset Services
  • Caroline Reaves, CEO, Mortgage Contracting Services
  • Tim Rood, Chairman and Managing Director, SitusAMC
  • Shubha Shivapurkar, Senior Director, Non-Performing Loans, Single-Family Operations, Freddie Mac
  • Jacob Williamson; VP, Single-Family Real Estate, Fannie Mae

The panelists discussed the most pressing challenges facing property preservation, including foreclosure rates, the fight against urban blight, technological innovations, and intervention practices.

“We live in a cyclical business,” Delgado said. “As much as we keep saying foreclosures are at 20 to 30-year lows … we’re starting to see some stress fractures in the housing economy that suggest that there is another trending cycle coming in.”

Jaffa explained how some government entities have taken an aggressive stance against mortgage servicers and lenders to remediate issues stemming from vacant properties. He suggested that the industry should be more proactive.

Caroline Reaves then gave an overview on the strength of the property preservation industry heading into 2020, and why now is the time for companies to be innovating.

“One of our clients said, ‘No one is innovative when you’re busy, because you don’t have time to be.’ We took that to heart,” Reaves said. “We’ve gone in and spent this time investing in technology.”

“We’ve put a lot of control and technology in place to make sure, as an industry, that we’re stronger, because [the economy] will turn,” Reaves continued.

The NPPC will continue through Tuesday, November 5, with more discussion and updates. Click here to learn more.

The Week Ahead: The State of Property Preservation

Safeguard in the News
November 1, 2019

Source: DS News

The National Property Preservation Conference (NPPC), hosted by Safeguard Properties, is unfolding at the Mayflower Hotel in Washington, D.C., from November 3-5. This year, the conference will include keynotes from The Hon. Brian D. Montgomery, Assistant Secretary for Housing – Federal Housing Commissioner, United States Department of Housing and Urban Development; and Sandra Thompson, Director for the Division of Housing Mission and Goals for the Federal Housing Finance Agency.

On Monday morning at 9:00 a.m. ET, Ed Delgado, President & CEO of Five Star Global, will continue an annual tradition with his “State of the Industry” panel, featuring a lineup of industry experts discussing the trends and challenges facing both property preservation and the larger housing market and economy as a whole.

This year’s panelists include:

Other topics to be covered during the NPPC include code violations, vendor management, hazard claims, and other challenges and hot topics.  You can find more information about the NPPC, including a full schedule and panel lineup, on the official website.