Thousands of Homes, Businesses Flooded in Northern California

Updated 2/28/19: California Governor Gavin Newsom declared a state of emergency for five counties affected by flooding and mudslides.

Link to declaration

Link to associated ZIP code list

Disaster Alert
February 28, 2019

Source: AccuWeather

Approximate locations containing flooded homes:

California

Guerneville (Sonoma County, 95446)
Monte Rio (Sonoma County, 95462)

NOTE: This has not yet been declared a FEMA Disaster.

Major flooding along the Russian River in Sonoma County, California, has prompted evacuations and left two towns accessible only by boat.

County officials issued a mandatory evacuation order for the Russian River area, following a massive mudslide near Monte Rio on Tuesday.

state of emergency was declared for Sonoma, Amador, Glenn, Lake and Mendocino Counties on Thursday following the destructive flooding and mudslides.

Following relentless rainfall, the Russian River quickly surpassed major flood stage early Wednesday. On Wednesday night, the river exceeded 45 feet – nearly 14 feet above flood stage. The river was receding as of Thursday morning.

A slow-moving storm moved into the West Coast from the Pacific, and brought heavy rainfall that has occurred over northern and central California [Monday and Tuesday], according to AccuWeather Senior Meteorologist Frank Strait.

For full report, please click the source link above.

Looking for Solutions

Safeguard in the News
February 27, 2019

Source: DS News (Looking for Solutions PDF)

In the early months of 2019, default servicing continues on much the same path it’s traveled for some time now, with all corners of the industry continuing to try and find ways to thrive in an ongoing low-volume environment. With the cost of servicing non-performing loans increasing, it behooves servicers, vendors, and their partners to explore their systems and processes in order to ensure they’re working in a smart, streamlined, and efficient manner.

“Fewer loans are going to full foreclosure, and therefore infrastructure costs previously set in place from the 2008 crisis are now being spread over fewer loans, making the per-loan cost of foreclosure much more significant,” said Steven Mowers, President, Claims Recovery Financial Services (CRFS).

However, Yvette Gilmore, Freddie Mac’s SVP, Servicer Relationship and Performance Management told DS News that evolving and innovative technology can help offset those costs. “We understand that, in servicing, we all need to innovate. We must keep up with constant innovation and stay ahead of the technological curve,” Gilmore said.

With a dizzying array of new technologies continuing to evolve, businesses have plenty of new opportunities to get the most bang for their buck—but only if approach innovation in the right way. For this month’s edition, DS News spoke to a collection of servicers, vendors, and government representatives to see what lessons they’re learning in the trenches, and what takeaways default servicing professionals can apply to their own day-to-day processes and longer-term plans.

MORE WITH LESS

In December, Altisource released a “State of the Servicer Industry” report based on their 2018 survey of 200 professionals working in the mortgage default servicing industry. The report touches on several important trends at play in the current servicing landscape—a trend toward consolidation, the importance of compliance management, the ways in which technology can improve efficiencies, but also the crucial nature of interpersonal communication and collaboration.

Kristen Estrella, VP, Division Operations, First American Mortgage Solutions, said that one way the industry is adapting is through service providers introducing multi-functional products and technology solutions that enable servicers to do more with less. For example, Estrella said, “Technology solutions now allow servicers to leverage prior title work, which can shorten timelines and lead to quicker decisions for borrowers, as well as potentially increase data integrity.” For servicers looking to take ownership of these issues and improve their processes, there’s a host of financial technology in varying stages of development and applicability. Just one question: where to begin?

“You have to invest to support the work that you’re doing, and the default side of servicing is the most complex, labor-intensive piece of the industry,” said Denis Brosnan, CEO, DIMONT. “It’s challenging to maintain the level of investment needed to handle that work with the volume levels that we have.” Brosnan added that these costs were also compounded by compliance issues.

Whether it’s a case of choosing single vendors who can provide end-to-end services or simply working to ensure that all points of contact with partners are as efficient as possible, one thread runs through nearly every corner of the default industry today: doing more with less.

“Mortgage service companies need to choose a field services partner that has a proven record of providing quality results in a timely manner, and technology plays a key role in this,” said Alan Jaffa, CEO, Safeguard Properties. “Those field services companies that make a major investment in technologies like mobile, geolocation, and automation are more likely to deliver property data more quickly.”

Anuj Jain, Head of Loss Mitigation and Default Servicing, Chase Home Lending, told DS News that Chase is working toward several priorities in 2019, including “working alongside HUD and other agencies to make the retention/loss mitigation, property auction, and conveyance process easier.” Jain also emphasized the leveraging of technology such as artificial intelligence (AI), optical character recognition (OCR), and robotics to help reduce the need for manual work.

NEW TECH, NEW TOOLS

Technology offers the promise of new solutions to even the most stubborn problems. But all that shiny potential demands a measured, deliberate, and strategic approach in order to provide the best results.

“Seeking a ‘technology solution’ is similar to developing a ‘better mousetrap,’” Mowers said. “Any new system is only as good as the integrity and structure of the underlying data that supports it. There is a more pressing need for the integration of transactional data and source documentation with the goal of an industry-accepted naming convention, standard, and interface.” Once those pieces are in place, Mowers said, technology gains will become more effective.

“From a technology and workflow perspective, we’re only beginning to scratch the surface of what we can do with data in the foreclosure and default process,” Estrella said. “Servicers who recognize the transformative power of data are actively engaging in different integrations and partnerships with software companies.” Estrella cited First American’s own Digital Gateway, which, she explained “enables servicers to flexibly access only the data assets and services they need through APIs.”

Steve Butler, General Manager and Founder, AI Foundry, predicts that 2019 will see one long-used technology headed toward increasing obsolescence: optical-character recognition (OCR), the conversion of written or typed characters into a digital medium via scanners or other means.

“OCR was invented a century ago and is losing its utility in modern times because it can’t do anything intelligent with the text it scans,” Butler said. He anticipates that OCR will increasingly give way to AI technology that enables machines to ‘read and react’ to content. “This will enable a boom in ‘white collar automation’ where manual document processes (such as mortgage processing) are replaced by software-based robotics processing.”

Susan Connally, VP, Surveillance Operations, Radian, said she believes robotic process automation could be hugely helpful in improving the claim-filing process. She told DS News, “There is a push to try to automate that process as best we can in order to pull all of the supporting documents that need to be filed with the claim and automate that process.”

One common response among the industry players DS News spoke to for this piece is a need for more efficient ways to handle the volumes of data inherent in default servicing and its related practices—ways to track it, ways to keep it up-to-date, and ways to more effectively share it up-to-date, and ways to more effectively share and communicate it between different entities. Technologies such as blockchain, AI, machine learning (ML), and robotic assistants all have enormous potential to help, whether on the data–management front or in streamlining or automating interactions with borrowers or industry partners. As Chase’s Jain told us, it all amounts to improved efficiencies and overall cost savings—in theory, at least.

“Intuitively, we can all see and understand the benefits, but servicers must be careful not to fall into a trap,” said Sean Ryan, CEO, Aspen Grove Solutions. “If you don’t invest in gathering the data and creating effective data models, your investment in AI/ML tools will be much more difficult and expensive and may not have the desired outcomes.”

Brosnan spotlighted another common industry buzzword in the fintech realm: robotic process automation (RPA). “That’s a fancy term for ‘better workflow,’” Brosnan said. “There’s not going to be an end-to-end workflow system that handles everything. What servicers need to do is to look to their vendors that have their own systems and enable those systems to work with each other.”

That can be a challenge, but some industry players are already seeing key benefits from implementing RPA solutions. “We recently took a process in our bankruptcy department that used to take a person about 30 minutes to do,” said Gagan Sharma, President & CEO, BSI Financial. “Through an RPA pilot, we were able to reduce that to about two minutes that effectively requires a human being just to do one click. It saves time, but it also improves compliance. We are minimizing the likelihood of human error in the process.”

Debbie Hoffman, CEO and Founder, Symmetry Blockchain Solutions, said that advances within other industries in the areas of AI and data aggregation are beginning to seep into the worlds of mortgage lending and servicing, but there is still a long way to go yet.

“AI can be used to assist with the underwriting and loan-processing actions by extracting borrower information,” Hoffman said. “It can be used to verify income, insurance, and assets that would otherwise need to be manually checked. The biggest issue in this area may be the inherent challenge of addressing bias in AI.”

First American’s Estrella told DS News that “improvements in workflow software options to include and leverage data, title work, and new document generation functionalities are all innovations that will significantly impact servicing in the next few years, as the industry continues to move towards digital mortgages.”

“Machine learning, combined with RPA, could be transformative in our business,” Sharma said. “However, it will be a continuum and an evolution. There’s no one silver bullet.”

KEEPING CHANNELS OPEN

Navigating the modern default servicing landscape requires constant, efficient communication between one’s own team, other partner vendors, and the various government agencies with which the industry interacts, including the GSEs. Keeping one’s bearings in a twisting maze of regulatory requirements from federal, state, and local levels can be overwhelming.

Where technology has perhaps the greatest potential to assist the industry is in not just automating more processes, but in helping ensure that the massive amounts of data inherent in mortgage servicing can pass from one point of contact to another as seamlessly as possible.

“Workflow and documentation technologies are not, in and of themselves, all that transformative,” Brosnan said. “What’s transformative is moving data between various systems so that everybody can interact. That continues to be a spotty and frustrating challenge for the industry.”

Lori Eshoo, President and CEO, National Tax Search, told DS News that she’s already seen robotic technology giving her company a huge advantage in its ability to keep track of tax payments and impending penalties for their clients. In the past, National Tax Search would have to buy current and delinquent tax files from the various respective states on a monthly basis in order to stay abreast of penalties.

Now, with robotic technology that allows the company to access digital versions of those files for states that have put them online, NTS can access that same data on a weekly or even a daily basis.

However, that level of automation and technological advance is not consistent across the board, with some states jumping aboard the digitization bandwagon sooner than others. Nevertheless, taking advantage of automating these processes and data pulls as much as possible can result in significant cost savings.

Eshoo also emphasized the importance of building and maintaining automated program interfaces that allow external vendors such as NTS to interact with servicer’s systems to share and update data on both sides in a seamless manner. “That’s the future of updating servicing systems on a nightly basis,” Eshoo said, “being able to transfer data from our system to their system without having somebody in the middle.”

Aspen Grove’s Sean Ryan told DS News that ensuring more positive outcomes for borrowers will require the facilitation of more “multi-directional interactions,” rather than focusing only on the loan itself. Ryan explained that he has often seen instances where loss mitigation teams are not connected to the inspection/ preservation oversight teams, or there are different teams for different aspects of the default process.

“If the loss mitigation team has no access to what is happening with the property at a critical point in time when a decision is required, how can they make the best-informed decision for the borrower?” Ryan asked. “What if the property has just flipped from occupied to vacant as evidenced by the most recent inspection? What if work is ordered on a property and the borrower reinstates the loan but may not actually be in the house? How does the repair work order get cancelled to prevent leakage?”

Ryan said that these issues can be addressed with a connected property servicing platform, integrated in real time to loan servicers, vendors, and other systems used across default servicing. “The dollars to drive technology initiatives can be found in the savings to be realized by the investment itself,” Ryan said.

However, knowing the general shape of a solution doesn’t necessarily make it easy to implement. DIMONT’s Denis Brosnan told DS News that one roadblock is, ironically, that the traditional servicing systems already in place are good at what they do. “Their job is to account for a tremendous number of financial transactions across a huge volume of loans,” Brosnan said. “However, the legacy nature of servicers’ technology frameworks frustrates what we call the ‘ilities’—things like usability, extensibility, and interoperability. That’s a huge roadblock to improving efficiency in a complex supply chain.”

The solution to many of these disconnected problems, DIMONT’s Brosnan suggests, is both improve internal processes and experiment with technological solutions in a parallel manner. Brosnan cites as an example work DIMONT has done to help streamline the FHA conveyance process.

“By working with the adjacent vendors in the supply chain, we’ve come up with an end-to-end solution that combines many processes related to property preservation, hazard claims, and the FHA claims process,” Brosnan said. “It’s more than just technology. We need ways that we can leverage commonality of data and try to be multiple parallel processing while we have the opportunity.”

As servicers and service providers continue to innovate, so too do the GSEs. Tracy Stephan, VP – Enterprise Innovation, Fannie Mae, pointed to Fannie Mae’s Servicing Marketplace as a key enabler of Fannie’s work toward building greater efficiency within the housing finance sector. “In the past, match-making between a seller and servicer has taken several months or more for a seller to identify a servicer, agree on the price, and finalize the transaction,” Stephan said. Servicing Marketplace was developed to help decrease that timeline, providing all parties with transparent pricing, a standardized process, and standardized data requirements.

CRFS’ Mowers told DS News that they have seen an abundance of what he called “avoidable errors” that occur during servicers’ loss mitigation actions—often early in the process and which aren’t identified until much later.

“Once realized, the cost of these errors can include curtailment of advances or the rejection of the full claim amount within an audit,” Mowers said. “These ‘errors,’ which often result in monetary losses, become more difficult to identify as loan populations are transferred from servicer to servicer.” Ferreting out these mistakes that are lying dormant in a servicer’s inventory can be an enormous challenge, and are something that won’t easily be solved by technological innovation alone. It requires an ongoing commitment to examining those internal processes to identify breakdowns and inefficiencies.

Radian’s Susan Connally also hit upon this lack of visibility as an issue that stands out for her. “Many servicers have built robust exception reporting that is available but not necessarily shared,” Connally said.

“Making sure you’re getting all of the information that you can so you have a complete picture of what the default activities and challenges of your specific portfolio look like is critical.”

Fannie Mae’s Stephan explained that one way the GSE is working to help servicers zero in on these problems sooner is through a strong focus on standardizing data and providing better integration through Application Program Interfaces (APIs). “This allows all mortgage industry participants to identify risks earlier in the loan lifecycle, and helps servicers better identify default risks,” Stephan said. This focus has included the launch of the Fannie Mae Developer Portal, which Stephan said “promises to streamline processes for lenders at a time when they need to improve efficiencies and cut costs within their businesses.”

Last year, Fannie also created The Exchange, a free online community designed to allow Fannie to collaborate “with housing innovators across the nation to develop and adopt breakthrough ideas and solutions.”

Freddie Mac’s Gilmore told DS News that it was important to recognize that the landscape of default servicing is shifting fundamentally. “Many institutions no longer want to service default loans, resulting in our defaulted loans being serviced by a smaller group of customers, most of them being non-banks,” Gilmore said.

How are these new players changing the day-to-day way that default servicing is handled? Gilmore said, “You have people who think differently. They’re faster, more agile, and easier to adapt to change.”

Gilmore said this change in the landscape is impacting how Freddie Mac pilots its initiatives. “Freddie Mac is focused on updating our processes and technology, based on direct feedback from our servicers, to provide cutting-edge solutions that are faster, simpler, and more user-friendly.”

“The end goal is to be more thoughtful in how Freddie Mac works with servicers in order to implement new tech while disrupting existing processes as little as possible, and Freddie Mac is committed to making the overall mortgage experience easier, more cost-effective, and more efficient. We are looking at ways to improve the mortgage servicing experience by leading the way through collaboration with our servicers,” Gilmore said. “The only way we can move the mortgage servicing industry forward is together.”

As an example, Gilmore pointed to the area of title. “We knew that we had an issue in being able to market REO properties subsequent to a default, and a lot of it had to do with title,” Gilmore said. As such, Freddie is now piloting a direct-title program. “We’re looking at procuring title differently, working with our servicers, so that we ensure a better outcome,” Gilmore said. “We’re on a collaborative journey with our servicers to improve their overall experience. Our servicing partners are critical to bringing about the positive change that we all will benefit from.”

THE NEXT STEPS

While technology is presenting ways for servicers and their partners to build better, stronger, and more efficient systems, those solutions will only succeed if the industry invests in that technology while also closely examining what other aspects of their processes need to be rethought as well.

Aspen Grove’s Sean Ryan cautions that the the pressure of day-to-day operations can often take priority over addressing underlying issues in order to reduce expense and increase efficiency. “Servicers and subservicers are challenged from an expense and overhead perspective, and asset owners struggle to ask perspective, and asset owners struggle to ask the right questions and apply the appropriate pressure,” Ryan said. “Default servicing often operates on a postmortem model and tends to look at the problems that have already happened. At Aspen, we implement solutions that ingest and normalize real-time data from various departments, vendors, and service providers on the property timeline to help manage issues in real time. I’d like to see those concepts take root in the larger industry as a whole, as it will help to change the business, drive efficiency, provide for better outcomes for all stakeholders, and enable implementation of data models that could lead to the next level of business understanding through artificial intelligence and machine learning.”

Ryan told DS News that one way to move in the right direction is for the industry to adopt standards around data modelling. “If we can increase the standardization of forms and processes across the industry, then data will be more useful, integrations will become easier, and we can cut down expenses.”

“Communication is key to our efforts,” said Freddie Mac’s Gilmore. “Making sure that we all understand who the critical partners are along the entire chain—not just the servicers, but the vendors that they utilize and the different ways they obtain their data.” As Gilmore explained, “More and more, the servicers, the GSEs, and their vendor partners are ultimately pulling data from the same sources. So, it’s really about understanding how our partners are managing their business and plugging into that, versus building something brand new that they may not need.”

DIMONT’S Denis Bronsan also emphasized the critical nature of an ongoing dialogue between the various parts of the industry, whether directly on a day-to-day basis or via groups such as the National Mortgage Servicing Association or various industry events that bring different organizations together in one place.

“The traditional ‘vendor-vendee’ mentality requires the vendee to say, ‘I don’t want to commit to certain contract terms or volume levels.’ I get that, but that’s illogical, and it’s not how other industries work,” Brosnan said. “Amazon and its vendors, they talk all the time about volumes and delivery and standards because they’re dependent upon each other. It’s time for our industry to recognize those interdependencies.”

FEMA Declared Disaster Kansas

FEMA Alert Update
March 20, 2019

FEMA issued an update to a Presidential Major Disaster Declaration for areas in Kansas affected by severe storms, straight-line winds and flooding that took place October 4-5, 2018. The following counties are eligible for assistance:

Public Assistance

  • Barber
  • Ottawa

FEMA Release: Declared Disaster Amendment for Kansas

ZIP Code List for FEMA Declared Disaster for Kansas

MapAlert Disaster Viewer


FEMA Alert

February 25, 2019

FEMA issued a Presidential Major Disaster Declaration for areas in Kansas affected by severe storms, straight-line winds and flooding that took place October 4-5, 2018. The following counties are eligible for assistance:

Public Assistance

  • Anderson
  • Barton
  • Cowley
  • Doniphan
  • Greenwood
  • Harvey
  • Kingman
  • Neosho
  • Pratt
  • Reno
  • Rice
  • Sumner

FEMA Release: Declared Disaster for Kansas

ZIP Code List for FEMA Declared Disaster for Kansas

MapAlert Disaster Viewer


Additional Resources

FEMA’s web site

FEMA’s Disaster Declaration Process

Safeguard Properties Industry Alerts

HUD Moratorium on Foreclosure

VA’s Policy Regarding Natural Disasters

Freddie Mac Disaster Relief Policies

Fannie Mae’s Natural Disaster Relief Policies

FEMA Declared Disaster Texas

FEMA Alert Update
March 30, 2019

FEMA issued an update to a Presidential Major Disaster Declaration for areas in Texas affected by severe storms and flooding that took place September 2 to November 2, 2018. The following counties are eligible for assistance:

Public Assistance

  • Polk
  • Schleicher
  • Walker

FEMA Release: Declared Disaster Amendment for Texas (designated areas)

ZIP Code List for FEMA Declared Disaster for Texas

MapAlert Disaster Viewer


FEMA Alert

February 25, 2019

FEMA issued a Presidential Major Disaster Declaration for areas in Texas affected by severe storms and flooding that took place September 2 to November 2, 2018. The following counties are eligible for assistance:

Public Assistance

  • Archer
  • Baylor
  • Brown
  • Burnet
  • Callahan
  • Comanche
  • Coryell
  • Dimmit
  • Edwards
  • Fannin
  • Franklin
  • Grimes
  • Haskell
  • Hill
  • Hopkins
  • Houston
  • Jones
  • Kimble
  • Kinney
  • Llano
  • Madison
  • Mason
  • McCulloch
  • Menard
  • Nolan
  • Real
  • San Saba
  • Sutton
  • Throckmorton
  • Travis
  • Uvalde
  • Val Verde

FEMA Release: Declared Disaster for Texas

ZIP Code List for FEMA Declared Disaster for Texas

MapAlert Disaster Viewer

Additional Resources

FEMA’s web site

FEMA’s Disaster Declaration Process

Safeguard Properties Industry Alerts

HUD Moratorium on Foreclosure

VA’s Policy Regarding Natural Disasters

Freddie Mac Disaster Relief Policies

Fannie Mae’s Natural Disaster Relief Policies

Severe Storms, Dangerous Flooding Overspread Southern U.S.

Updated 2/23/19: Alabama Governor Kay Ivey issued a state of emergency for multiple counties impacted or most likely to be impacted by severe weather.

Link to declaration

Link to associated ZIP code list

NOTE: This is independent from any FEMA Declared Disaster.

Disaster Alert
February 23, 2019

Source: AccuWeather

Approximate locations sustaining home damage:

Mississippi

Flooding
Bruce (Calhoun County, 38915, 38945)

Tornado
Columbus (Lowndes County, 39710, 39704, 39703, 39702, 39701)

NOTE: This has not yet been declared a FEMA Disaster.

While a severe weather outbreak, including the threat of tornadoes, is unfolding across the southern United States, flooding has prompted rescues across the Tennessee Valley on Saturday.

Lives and property will be at risk as violent storms erupt from Jackson, Mississippi, to Memphis and Nashville, Tennessee; Huntsville, Alabama; and Bowling Green, Kentucky.

“AccuWeather meteorologists are concerned that this will be the first significant and widespread outbreak of severe weather so far this year,” AccuWeather Meteorologist Renee Duff said.

To access full report, please click the source link above.

VA: Circular 26-19-05: VA-Guaranteed Cash-Out Refinancing Home Loans (AQ42)

Updated 2/15/19: The VA issued a revised version of Circular 26-19-05 featuring a change made to page 4, section d, subsection (3).

Link to revised circular

Investor Update
February 14, 2019

Source: VA

1. Purpose. This Circular clarifies the Department of Veterans Affairs’ (VA) new policies regarding VA-guaranteed cash-out refinancing loans, including refinancing of construction loans (construction-to-perm).

2. Background. Public Law 115-174, The Economic Growth, Regulatory Relief, and Consumer Protection Act (the Act), was signed into law by President Donald Trump on May 24, 2018. Section 309 of the Act provides new statutory criteria to determine when VA may guarantee a refinancing loan. The Act required VA to promulgate regulations for cash-out refinancing loans, specifically refinancing loans in which the loan amount will exceed the payoff amount of the loan being refinanced.

a. On December 17, 2018, VA published interim final rule (AQ42) in the federal register setting forth requirements relating to cash-out refinance loans. See https://www.federalregister.gov/documents/2018/12/17/2018-27263/loan-guaranty-revisionsto-va-guaranteed-or-insured-cash-out-home-refinance-loans. This includes the Regulatory Impact Analysis (RIA) that provides details concerning VA’s analysis in developing this rule. AQ42 amends VA regulations pertaining to all cash-out refinancing loans (38 CFR 36.4306). This includes refinancing of construction loans (construction-to-perm loans), regardless of whether there is a change in the principal loan amount. However, AQ42 does not implement rules pertaining to interest rate reduction refinance loans (IRRRLs).

b. VA will update IRRRL regulations in an upcoming rulemaking.

3. Effective date. The rule is effective on February 15, 2019, and will apply to VA cash-out refinance loan applications taken on, or after, this date. Loan applications taken prior to the effective date that were submitted to an Automated Underwriting System (AUS) either before or after the effective date, where subsequent and/or final AUS submissions result in a Refer recommendation, require manual underwriting.

4. Action. All-VA guaranteed cash-out refinancing loans must comply with the Act and AQ42. All refinancing loan applications taken on or after the effective date that do not meet the following requirements may be subject to indemnification or the removal of the guaranty. Failure to provide initial disclosures to the Veteran within 3 business days from the initial application date and at closing may result in indemnification of the loan up to 5 years. There are three categories of refinance loans; Interest Rate Reduction Refinancing Loans (IRRRL), TYPE I Cash-Out Refinance, and TYPE II Cash-Out Refinance.

a. Definitions.

(1) An Interest Rate Reduction Refinancing Loan (IRRRL) is a refinancing loan made to refinance an existing VA-guaranteed home loan at a lower interest rate.

(2) TYPE I Cash-Out Refinance is a refinancing loan in which the loan amount (including VA funding fee) does not exceed the payoff amount of the loan being refinanced.

(3) TYPE II Cash-Out Refinance is a refinancing loan in which the loan amount (including VA funding fee) exceeds the payoff amount of the loan being refinanced.

b. Loan-to-Value (LTV). VA will no longer guaranty refinancing loans when the LTV exceeds 100 percent. Inclusion of any funding fee that is financed, in part or whole, cannot cause the loan to exceed the reasonable value of the property.

(1) LTV Calculation. Divide the total loan amount (including VA funding fee, if any) by the reasonable value of the property determined by the appraiser.

c. Net Tangible Benefit (NTB). NTB standards apply to all cash-out refinancing loans. It consists of the NTB test, Loan Comparison, and Home Equity Disclosure

(1) NTB Test. All cash-out refinancing loans must past pass the NTB test. This requirement is met if the refinancing loan satisfies at least one of the following:

(a) The new loan eliminates monthly mortgage insurance; or
(b) Loan term of the new loan is less than the loan term of the loan being refinanced; or
(c) Interest rate of the new loan is less than the interest rate of the loan being refinanced.
(Note: If the loan being refinanced had an adjustable interest rate or was modified, the current interest rate must be used when determining if this requirement has been met.); or
(d) The monthly (principal and interest) payment of the new loan is less than the monthly (principal and interest) payment of the loan being refinanced; or
(e) The Veteran’s monthly residual income is higher as a result of the new loan. (residual income, including refinancing monthly PITI (principal, interest, taxes, and insurance) payment vs. current residual income, including monthly PITI payment of the loan being refinanced.) In cases where TI amounts are changing between the application date and the closing date of the refinance transaction, the new TI amount will be used in determining residual income for both the current and refinanced loan); or
(f) The new loan is used to payoff the Veteran’s interim construction loan; or
(g) The new loan LTV is equal to or less than 90 percent of the reasonable value of the home, i.e. LTV ≤ 90%; or
(h) Refinance of an adjustable-rate mortgage to a fixed-rate mortgage.

(2) Loan Comparison Disclosure. The lender must provide the Veteran a comparison of the new loan to the existing loan being refinanced. VA requires lenders to generate two loan comparison disclosures, one within 3 business days from the initial date of the loan application and at loan closing. The borrower must certify receipt of both disclosures (i.e. signature, e-signature, email from borrower certifying receipt, email read receipts, system time/date stamp where a borrow certified receipt, etc).

(a) Initial 3-Day Disclosure. Lender’s shall provide a reasonable estimate within 3 business days of loan application. Reasonably accurate estimates, may involve the use of borrower documentation, such as their mortgage statement, closing documents, their own estimation of the existing loan terms, online property valuation tools, and manual calculations. Lenders are encouraged, but not required, to continually update the disclosure as additional, and more accurate, information becomes available throughout the origination process.

(b) Final Loan Closing Disclosure. The final loan comparison disclosure provided at loan closing shall be accurate with respect to the new loan information, while the initial loan information may be a generally accurate representation of the existing loan, given that payments may be in transit, tax and insurance amounts may be pending, and payoffs may fluctuate when the final closing date has not been determined.

(c) Contents of the Initial 3-Day Disclosure and the Final Loan Closing Disclosure. VA has provided a sample disclosure in Exhibit A that includes both the loan comparison and home equity provisions stated in this Circular. The following information will be provided in the disclosures:

1. Refinancing loan amount (including VA funding fee, if financed into the loan) vs. the payoff amount (including fees, escrow shortages, and prorated interest) of the loan being refinanced.
2. Interest Rate
3. Mortgage Loan Type (i.e., fixed, adjustable)
4. Loan term of the refinancing loan vs. the remaining term of the loan being refinanced. The term may be expressed in months or years and months.
5. The total payments the Veteran will have paid after making all payments (principal and interest) as scheduled on the refinancing loan vs. the total remaining payments the Veteran will have paid after making all remaining payments of principal, interest, and mortgage insurance (if applicable) as scheduled on the loan being refinanced.
6. LTV of the refinancing loan vs. loan payoff (including fees, escrow shortages, and
prorated interest) to current value of the loan being refinanced.

(3) Home Equity Disclosure. The lender must disclose the amount of home equity being
removed from the home as a result of the new loan to the Veteran within 3 business days from
the initial date of the loan application and at loan closing. The disclosure must also explain to
the Veteran how the removal of home equity may affect the sale or refinance of the home in
the future. Similar to the Loan Comparison Disclosure, the borrower must certify receipt of
the Home Equity Disclosure (i.e. signature, e-signature, email from borrower certifying
receipt, email read receipts, system time/date stamp where a borrow certified receipt, etc.).
VA has provided a sample disclosure in Exhibit A that includes both the loan comparison and
home equity provisions stated in this Circular.

(a) For the initial home equity disclosure, lenders may use estimated loan payoff or unpaid principal balance and estimated current property value to determine the home equity being removed from the home. However, the lender must use the final payoff amount (including fees, escrow shortages, and prorated interest) and the reasonable value shown on the Notice of
Value (NOV) to determine the home equity being removed from the home on the home equity disclosure provided to the Veteran at loan closing.

d. Loan Seasoning. Loan seasoning applies to all cash-out refinancing loans made to refinance a VA-guaranteed home loan (VA-to-VA). A cash-out refinancing loan, Type I nor Type II, is not eligible for guaranty by VA, if the VA-guaranteed loan being refinanced has not been seasoned as of the date of closing. A loan is considered seasoned if both of the following conditions are met as of the date of loan closing:

(1) The first monthly payment of the loan being refinanced was made 210 days or more prior to the closing date of the refinancing loan; and
(2) Six monthly payments have been made on the loan being refinanced.

(3) For loans being refinanced within 1 year from the date of closing, lenders must obtain a payment history/ledger from the servicing lender documenting all payments. If the loan is selected for audit by VA, the lender must include the payment ledger/history of the loan being refinanced in the loan file for VA review.

e. Fee Recoupment. Fee recoupment applies to TYPE I cash-out refinancing loans made to refinance a VA-guaranteed home loan (VA-to-VA). To obtain a Loan Guaranty Certificate (LGC) the lender must certify that the recoupment period of fees, expenses, and closing costs (included in the loan and paid outside of closing), do not exceed 36 months from the date of the loan closing.

(1) Recoupment Calculation: The recoupment period is calculated by dividing all fees (not including VA funding fee per), expenses, and closing costs included in the loan and paid outside of closing by the reduction of monthly principal and interest (PI).

(a) Example:
PI (VA loan being refinanced): $654.00
PI (new VA refinancing loan): – $604.00
Reduction of monthly PI: = $ 50.00

If the loan being refinanced loan has been modified, the reduction of monthly PI should be computed using the modified monthly PI of the loan being refinanced.

(b) Example:
Fees/expenses/closing cost: $1,436.49
Reduction of monthly PI: ÷ $ 50.00
Fee Recoupment Period: = 29 months (28.72 months rounded)

(c) Escrow and prepaid expenses, such as, insurance, taxes, special assessments, and homeowners’ association (HOA) fees shall be excluded from the recoupment calculations.

(d) VA allowable fee as established in 38 C.F.R. § 36.4313 offset by lender credits and/or premium pricing may also be excluded from the recoupment calculation.

4. Rescission: This Circular is rescinded April 1, 2021.

By Direction of the Under Secretary for Benefits

Jeffrey F. London
Director, Loan Guaranty Service

HUD: FHA INFO #19-02: Policy Guidance on Use of Third-Party Verification Services

Investor Update
February 15, 2019

Source: HUD

Today, the Federal Housing Administration (FHA) published Mortgagee Letter (ML) 2019-01: Third Party Verification Services, which provides guidance for the use of Third Party Verification (TPV) services as an alternative for verifying borrowers’ employment, income, or assets.

Currently, the Single Family Housing Policy Handbook 4000.1 (SF Handbook) and the Home Equity Conversion Mortgage (HECM) Financial Assessment and Property Charge Guide allow for electronic verifications in lieu of written Verifications of Employment (VOEs) and allow for Verifications of Deposit (VODs) in lieu of bank statements, but make no specific reference to the use of third party verification services to perform those functions. FHA also requires current employment income to be documented by obtaining borrower paystubs in addition to obtaining VOEs or Alternative Employment Documentation (W-2’s).

This ML revises documentation requirements to allow the use of vendors to verify information directly with borrowers’ employers or financial institutions without the need for additional documentation and is consistent with industry practice. The mortgagee remains responsible for the quality of its FHA-insured mortgages and must ensure that its TPV vendors fully comply with all applicable laws and FHA requirements.

The provisions outlined in ML 2019-01 are effective immediately and apply to all FHA Title II forward and reverse (HECM) mortgages.

Quick Links
• View Mortgagee Letter 2019-01 and all other archived Mortgagee Letters at: https://www.hud.gov/program_offices/administration/hudclips/letters/mortgagee
• View the online and/or PDF versions of the Single Family Housing Policy Handbook 4000.1 at: https://www.hud.gov/program_offices/administration/hudclips/handbooks/hsgh
• View the HECM Financial Assessment and Property Charge Guide at: https://www.hud.gov/sites/documents/14-22ML-ATCH2.PDF

Resources
Contact the FHA Resource Center:
• Visit our online knowledge base to obtain answers to frequently asked questions 24/7 at: www.hud.gov/answers.
• E-mail the FHA Resource Center at: answers@hud.gov. Emails and phone messages will be responded to during normal hours of operation, 8:00 AM to 8:00 PM (Eastern), Monday through Friday on all non-Federal holidays.
• Call 1-800-CALLFHA (1-800-225-5342). Persons with hearing or speech impairments may reach this number by calling the Federal Relay Service at 1-800-877-8339.

FHFA: Working Paper 19-02: Mortgage Risk Since 1990

Investor Update
February 1, 2019

Source: FHFA

Author:
​William Larson (FHFA), Morris Davis (Rutgers), Stephen Oliner (American Enterprise Institute)

Abstract:
This paper provides a comprehensive account of the evolution of default risk for newly originated home purchase loans since 1990. We bring together several data sources to produce this history, including loan-level data for the entire GSE book. We use these data to track a large number of loan characteristics and a summary measure of risk, the stressed default rate. Among the many results in the paper, we show that mortgage risk had already risen in the 1990s, planting the seeds of the financial crisis well before the actual event. Our results also cast doubt on explanations of the crisis that focus on low-credit-score borrowers.

*Data tables not available at this time.

Attachements: Working Paper 19-02

FHFA: Refinance Report — Fourth Quarter 2018

Investor Update
February 14, 2019

Source: FHFA

Washington, D.C.
– The Federal Housing Finance Agency (FHFA) today reported that Fannie Mae and Freddie Mac completed 245,620 refinances in the fourth quarter of 2018, compared with 253,135 in the third quarter. FHFA’s fourth quarter Refinance Report  also shows that 1,390 loans were refinanced through the Home Affordable Refinance Program (HARP), bringing the total number of HARP refinances to 3,494,395 since inception of the program in 2009 and completion in Dec. 31, 2018.

Also in the Refinance Report:

•Year to date through December 2018, 33 percent of HARP refinances for underwater borrowers were for shorter-term, 15- and 20-year mortgages.

•Borrowers who refinanced through HARP had a lower delinquency rate compared with borrowers eligible for HARP who did not refinance through the program.

•From April 2009 through December 2018, 2,918,957 loans refinanced through HARP were for primary residences, 110,887 were for second homes and 464,551 were for investment properties.

Link to Refinance Report

Contacts:
Media: Stefanie Johnson (202) 649-3030 / Corinne Russell (202) 649-3032
Consumers: Consumer Communications or (202) 649-3811

Fannie Mae: AAA Matrix Updates

Investor Update
February 20, 2019

Source: Fannie Mae

The AAA matrix provides state-specific excess fees/costs process guidelines and includes a process overview, as well as additional procedures and specific request requirements.

The matrix references applicable Servicing Guide provisions and other policies.

Fannie Mae requires the attorneys to submit all excess fee and title cost requests. Requests made by servicers will not be accepted.

To access the AAA Matrix, please click the source link above.