VA Circular 26-15-2 Change 1: Reconveyance Disputes Process

Investor Update
February 6, 2018

1. Purpose. The purpose of this Circular is to extend the rescission date:

2. Therefore, Circular 26-15-2 is changed as follows:

Page 1, paragraph 4: Delete “January 1, 2018.” and replace with “October 1, 2020.”

3. Rescission: This Circular is rescinded October 1, 2020.

By Direction of the Under Secretary for Benefits

Jeffrey F. London
Director, Loan Guaranty Service

Source: VA

Additional Resource:

VA (Circular 26-15-2)

USDA: Special Relief Measures for Natural Disasters

Investor Update
February 20, 2018

In response to recent natural disaster events, the 3555 Handbook, Chapter 18 Section 4:  Assistance in Natural Disasters will be amended to add Special Relief Measures.  Servicers may use Special Relief Measures immediately to respond to borrowers who are reaching the end of their forbearance periods.  We anticipate publication of the handbook changes on May 1, 2018.
 
18.11 Special Relief Measures
 
In addition to standard workout options, eligible borrowers may be offered the following special relief measures to assist borrowers without the standard financial evaluation required subject to the following conditions:
 

  • The loan was current or less than thirty (30) days past due as of the date of the applicable Presidentially Declared Disaster (PDD);
  • The servicer receives verification the hardship (employment and/or property) has been resolved;
  • Total modified mortgage principal and interest payment is less than or equal to the payment prior to modification.

Special Relief Measures shall be considered in the following order:

  • Term Extension:  If the servicer determines the borrower is capable of maintaining the current contractual payment including any escrow shortage created by advancements during the forbearance period (can be spread over 60 months), the loan term may be extended an equal number of months to the term of the forbearance provided.  Any interest accrued during the forbearance period should be waived and the servicer may re-amortize the loan if necessary to meet any investor restrictions.
  • Capitalization of Delinquency and Term Extension:  If the servicer determines the borrower is capable of maintaining the current contractual payment, but cannot manage the additional escrow repayment amount, the servicer may offer a Cap and Extend Modification under the following terms:
  • 1. Capitalize the accumulated arrearages and eligible unreimbursed servicer advances, fees and costs into the modified mortgage balance;
    2. Extend term up to 360 months;
    3. Reduce rate down to no greater than 50 basis points greater than the most recent Freddie Mac Weekly Primary Mortgage Market Survey (PMMS) Rate for 30-year fixed-rate conforming mortgages (US Average), rounded to the nearest one-eighth of one percentage (0.125%), as of the date a plan is offered to the borrower;
    4. The borrower’s post modified PITI payment must be equal to or less than their payment prior to the disaster.

  • Mortgage Recovery Advance:  If the servicer is unable to offer the borrower either of the first two options the servicer may utilize a mortgage recovery advance to settle the borrower delinquency and return the borrower to a current status.  The mortgage recovery advance is limited to an amount no greater than what is necessary to resolve any accumulated interest and unreimbursed servicer advances made during the forbearance and must meet all other requirements as explained in paragraph 6.R. of the Loss Mitigation Guide found in Attachment 18-A of this Chapter.

Questions regarding this announcement may be directed to the National Office Division at (202) 720-1452.
 
Thank you for your support of the Single Family Housing Guaranteed Loan Program!
 
USDA LINC Training and Resource Library:  https://www.rd.usda.gov/programs-services/lenders/usda-linc-training-resource-library

Help Resources

Policy Questions
Customer Service Center
Phone: 866-550-5887
Single Family Housing Guaranteed Loan Division
Phone: 202-720-1452
 
USDA ITS Service Desk Support Center
For e-Authentication assistance
Email: eAuthHelpDesk@ftc.usda.gov
Phone: 800-457-3642, option 1 (USDA e-Authentication Issues)
 
Rural Development Help Desk
For GUS system, outage or functionality assistance
Email: RD.HD@STL.USDA.GOV
Phone: 800-457-3642, option 2 (USDA Applications); then option 2 (Rural Development)

Source: USDA

Reforming the FHA?s Foreclosure and Conveyance Processes

Investor Update
February 28, 2018

Source: Urban Institute

Additional Resource:

Urban Institute (Reforming the FHA’s Foreclosure and Conveyance Processes full report)

Abstract

In this brief, the third in a series prepared by HFPC researchers with support from the mortgage servicing collaborative, the authors address how the Federal Housing Administration (FHA) foreclosure and conveyance processes can be changed to bring down costs and create efficiencies. With proprietary data provided by Collaborative members, we explore foreclosure related costs and processes for FHA-insured loans. Specifically, we examine:

  • How changes to the foreclosure timeline can increase efficiency; and
  • How to improve the FHA conveyance process and reduce costs for the FHA, neighborhoods, consumers, and servicers.

The authors conclude that the current FHA foreclosure and property disposition processes result in avoidable delays, costs, and losses for HUD and servicers that are eventually passed on to neighborhoods and consumers in the form of depressed property values, neighborhood blight and reduced access to FHA credit for future borrowers.

CFPB: Nine Financial Problems After a Natural Disaster – and What You Can Do About Them

Investor Update
February 23, 2018

Source: CFPB

If a natural disaster has hit your community, you know the damage to your home and property also means big bills. To get back on track, you need to rebuild your finances as well as your home or business.

Read below for tips on common problems consumers have reported to us after a natural disaster. You can also read our blog on dealing with your finances after a storm, or browse our frequently asked questions in Ask CFPB.

Hurricanes, floods, wildfires, and their resulting financial problems

Hurricanes Harvey, Irma, and Maria, and the wildfires in California may be months behind us, but we know people continue to deal with the effects of these natural disasters and, for many consumers, there are financial issues that are just now beginning to surface.

To understand what financial issues may occur months after a disaster, we looked at what people told us after other natural disasters including Hurricanes Sandy and Matthew. Troubles with mortgages were most common, followed by debt collection, credit cards, and other loans.

9 financial issues you might face after a natural disaster

We heard some common themes from people who wrote to us after experiencing a natural disaster. 

1. Some people didn’t know that their accounts were going to collection.

  • Understanding the situation: If you had to leave your home or if your utilities and services are not working, companies may have a hard time reaching you. If a creditor or service provider cannot reach you, they may send any debts you owe to a collection agency. This can have a negative impact on your finances, and your credit reports and scores.
  • What to do: Set up a forwarding address, and update your information with each of your financial institutions. This way, they can contact you before problems begin.

2. Some people thought that when they contacted their lender or servicer for a loan deferral or suspension, the payments would be added to the end of the loan, and were surprised when the payments became suddenly due.

  • Understanding the situation: Lenders or loan servicers will sometimes allow borrowers to defer payments for a few months, and then expect the entire amount to be repaid immediately afterward. Depending upon the type of loan you have, your lender or loan servicer may be willing to temporarily reduce or suspend your payments. This is called forbearance.
  • What to do: If your lender or loan servicer offers you a deferral, forbearance, a moratorium or a loan modification, carefully study the terms of the offer. Once you have an agreement or understanding, be sure to document everything that was discussed. If you can’t pay your mortgage or are worried about missing a mortgage payment, call your lender or loan servicer right away. Ask if they are willing to work with you on a repayment plan.

3. Some people had trouble understanding their financial company’s disaster relief policies.

  • Understanding the situation: Many companies have special disaster relief policies. It’s important to know how these policies work so you don’t miss out on disaster assistance, or misunderstand how much money you owe and when.
  • What to do: Ask the company for written copies of any special disaster policies. Review them carefully to see how they apply in your situation. A HUD-approved housing counselor may also be able to help you, if you are dealing with an issue related to your home. These counselors are specially trained to help you assess your financial situation, evaluate options if you are having trouble paying your mortgage loan, and make a plan to get you help with your mortgage.

4. Some people had trouble paying contractors they had hired because their insurance check was being held by their bank or mortgage servicer.

  • Understanding the situation: Many people hire contractors soon after a disaster to quickly begin repairs on their home or business. Some mortgage agreements require any insurance checks to be made out to both you and the mortgage company or servicer. This may affect your ability to cash insurance checks as that company may need to approve it before you can cash the insurance check. Typically, your mortgage company or servicer will agree to release a portion of the settlement money before work begins so you can hire a contractor.
  • What to do: Before hiring a contractor to begin repairs, check with your insurance company and your mortgage company or servicer about how and when the insurance funds will be distributed. You should also review our tips for hiring contractors to fix or rebuild your home.

5. Some people found that they still owed money on their auto loans even after their car was declared a total loss by their insurance company.

  • Understanding the situation: When your vehicle is damaged, your insurance company assesses the value of your vehicle based on age, model, and other factors. Damage to your vehicle does not eliminate your responsibility to make your auto loan payments. When the cost of repairs is more than the value of the car, the insurance company may declare the vehicle a total loss.
    If the amount you owe on your auto loan is more than the insurance paid on your totaled car, you may owe the difference to the lender. This situation is sometimes called “negative equity.” Sometimes, people have a type of vehicle insurance called Guaranteed Auto Protection (GAP) insurance, which covers the difference between the amount due on the auto loan and the amount paid by insurance.
  • What to do: Clarify with your insurance company and your auto loan lender what type of insurance policy you have as well as what losses the insurance will cover and what you will still owe. After the insurance process is completed, if you owe more on the loan than the amount paid by insurance, you will owe that amount. If the amount of your insurance coverage is more than what you owe, then you will get paid the difference.
    In working with your lender and insurance, things can get confusing. Write down the names of the people you speak with and ask if there is a case number associated with your account that you can refer back to. Once you have come to agreement or understanding, be sure to document everything that was discussed.

6. Some people impacted by natural disasters reported that their accounts became overdrawn.

  • Understanding the situation: After a disaster, electrical blackouts and flooding can make it hard to send payments on time or to stop automatic payments. This can lead to overdraft fees.
  • What to do: Make it a priority to contact your bank or lenders quickly if you need to stop automatic payments or if you will miss a payment due to the disaster. Explain the situation that caused the late payments and ask for a waiver of any late fees. Also, get in the habit of making a monthly budget. That way, you’ll know what charges to anticipate. Our spending tracker is a great way to see where your money is going and track any trends in your spending.

7. Some consumers with debts with the Small Business Administration were sent to collections.

  • Understanding the situation: The Small Business Administration (SBA) only makes loans for help after a disaster. There may be grants available through the Federal Emergency Management Agency (FEMA). Grants do not have to be repaid. If you received a loan, it must be repaid or the accounts may be sent to collections, and that could negatively affect your credit.
  • What to do: Check your paperwork, and if you are still unsure, contact the SBA or FEMA to see if you have received a loan or a grant. If you are having troubles repaying the disaster loan, contact the SBA to find out your options. If your loan was sent to a debt collector and you are having trouble repaying it, you may also want to try and to negotiate a settlement with the debt collector.

8. After a natural disaster it can be difficult to stay on top of mortgage payments and other bills.

  • Understanding the situation: As you struggle to pay for home repairs and get back to work, you may begin to fall behind on house payments, seek loans to repair hurricane-related damage, or become unemployed. This can lead to ballooning credit card debt. Missing mortgage payments can lead to foreclosure.
  • What to do: Here are some steps you can take to help manage debt.
  • If you’re having trouble paying your mortgage, act quickly. Contact your mortgage servicer and a HUD-approved housing counselor to explain your situation and ask for help.
  • Review your income and savings and determine how much money you have available to pay bills and creditors.
  • If you can’t make a payment, contact your credit card company before it balloons into a problem.
  • Check with FEMA about programs you may be eligible for following a disaster. If you are in a presidentially-declared disaster area, you may qualify for disaster assistance.
  • Keep written records and other documentation of conversations with customer service representatives.

9. People affected by natural disasters can sometimes become targets for fraud.

  • Understanding the situation: Fraud is common after disasters. Scammers will offer to get you a loan modification or do home repairs for an upfront payment.  Sometimes, a scammer will even pose as someone from your insurance agency, your bank, or as a government employee.
  • What to do: Learn to recognize the signs of a scam. If you need a loan modification on your mortgage, contact your mortgage lender or servicer directly rather than going through a third party. You can also check with your state licensing agency to confirm the business is legitimate. If you suspect a scam, contact your local authorities.

Have more questions? How the CFPB can help

In the U.S. there were 16 weather and climate disaster events where losses exceeded $1 billion each in 2017.

  • Hurricane Maria devastated Puerto Rico, leaving many without power.
  • Hurricane Irma hit the Florida Keys, destroying 25 percent of their buildings.
  • Houston suffered historic flooding that displaced more than 30,000 people. The storm damaged or destroyed more than 200,000 homes and businesses.
  • Wildfires devastated parts of California, Montana, and other states in the west.

If you are struggling, you are not alone.

We also recognize that the months after a disaster can be a time of great stress. At the CFPB, we are here to help with tips and tools to help answer your questions about dealing with financial products and services.

If you have a problem with a financial product or service, we can also help you get a response from a company.

You can submit a complaint and we’ll forward it to the company and work to get you a response.

Submit online at consumerfinance.gov/complaint or by calling (855) 411-2372.

MHA HAMP Update: Upcoming HAMP Reporting Tool User Interface Outage

Investor Update
February 9, 2018

Black Knight will be conducting maintenance activities during the weekend of February 17, 2018. All Black Knight applications including the HAMP Reporting Tool user interface will be unavailable from Saturday, February 17, 2018,
9:00 a.m. ET to 11:59 p.m. ET.

If users attempt to access the Black Knight application during this time, they will receive connection errors. If you have questions, call 1-866-939-4469; to reach Black Knight Financial Services (BKFS), select option 1, then option 5.

Source: MHA

MHA HAMP Update: Revised MHA Loan State Change Request Process Posted

Investor Update
February 1, 2018

Revised reporting guidance for the MHA Loan State Change Request Process has been posted. Updates to the latest guidance include:

Report & Process Updates:

  • Process Step 8: Loan State Change Review Results – New Attributes Added
  • Process Step 11:
    1. Loan State Change Summary – New Attributes Added
    2. Additional Details – MHA-PA update to Tier 2 NANA Reason Code

Guidance has been incorporated at the link below which can be viewed within the Data Reporting tab, under the MHA Loan State Change Request Process section on the secure side of HMPadmin.com (login required).

Questions?
Email the HAMP Solution Center or call 1-866-939-4469.

Source: MHA

MHA HAMP Update: Presidents’ Day Holiday Support and System Availability

Investor Update
February 12, 2018

Due to the observance of Presidents’ Day, the HAMP Reporting System response files will not be available between 3:00 p.m. ET on Friday, February 16, 2018 and 8:00 a.m. ET on Tuesday, February 20, 2018; they will be sent as soon as the system is available.

During this timeframe, the HAMP Reporting Tool will be available for servicers to submit and upload HAMP loan data files, and the corresponding Black Knight response files will be provided as usual.

The HAMP Solution Center will be closed on Monday, February 19, 2018 and will resume operations at 9:00 a.m. ET on Tuesday, February 20, 2018. Servicers may contact the center at any time; however, messages will be held in queue until the center reopens on Tuesday.

The NPV Transaction Portal will be available for normal processing during this period.

Source: MHA

HUD: FHA INFO #18-08: Revised Loss Mitigation Policies for Affected Borrowers in Certain Presidentially-Declared Major Disaster Areas/Industry Briefing Call on March 1, 2018

Investor Update
February 22, 2018

Today, the Federal Housing Administration (FHA) published Mortgagee Letter (ML) 2018-01 entitled, “Loss Mitigation Policy Changes for Hurricanes Harvey, Irma, and Maria and certain California Wildfires that occurred in October 2017 (FEMA-DR-4344), or certain California Wildfires, Flooding, Mudflows, and Debris Flows that occurred in December 2017 (FEMA-DR-4353).”

This ML, which is designed to provide immediate loss mitigation and other relief options to FHA borrowers in certain designated Presidentially-Declared Major Disaster Areas (PDMDAs) allows for the use of streamlined income documentation and other requirements to expedite loss mitigation relief for affected borrowers. It also introduces a new “Disaster Standalone Partial Claim” option to help eligible borrowers on forbearance plans to resume their predisaster mortgage payments — helping to avoid payment shock — as well as keeping their interest rate and payment terms the same.

This new and revised guidance applies to all FHA Title II forward mortgages for those disaster-affected borrowers whose property or employment is in the following PDMDAs:

  • Louisiana – Hurricane Harvey (DR-4345);
  • Texas – Hurricane Harvey (DR-4332);
  • Florida – Hurricane Irma (DR-4337);
  • Georgia – Hurricane Irma (DR-4338);
  • Puerto Rico – Hurricane Irma (DR-4336) and Hurricane Maria (DR-4339);
  • South Carolina – Hurricane Irma (DR-4346);
  • U.S. Virgin Islands – Hurricane Irma (DR-4335) and Hurricane Maria (DR-4340); and the
  • California Wildfires (DR-4344) or California Wildfires, Flooding, Mudflows, and Debris Flows (FEMA-DR-4353).

To facilitate the implementation of the Disaster Standalone Partial Claim option, changes will be necessary to certain FHA systems and claims processing procedures. These changes will be communicated in the coming weeks.

FHA-approved mortgagees must begin implementing these policies no later than May 1, 2018; however, they can begin using them immediately. These amended policies will expire on May 1, 2019.

Mortgagees are strongly encouraged to read ML 2018-01 in its entirety to ensure they understand — and are ready to implement — the revised policies and new loss mitigation option no later than May 1, 2018.

Industry Briefing Conference Call on March 1, 2018

An industry briefing call will be conducted on Thursday, March 1, 2018. Because of the technical nature of the information being disseminated, the call is geared toward FHA-approved servicers, although other stakeholders can dialin if they so choose. During this call, FHA subject matter experts will provide a detailed overview of the provisions contained in the Mortgagee Letter.

  • Title: Revised Loss Mitigation Policies for Impacted Borrowers in Certain Presidentially-Declared Major Disaster Areas
  • Date: Thursday, March 1, 2018
  • Time: 11:30 AM – 12:30 PM (Eastern)
  • Dial-in: 800-260-0712
  • Access Code: 445331

Quick Links

Resources

Contact the FHA Resource Center:

  • Visit our online knowledge base to obtain answers to frequently asked questions 24/7 at:
    https://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-CALL-FHA (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.

Source: HUD

Additional Resource:

HUD (FHA Expands Foreclosure Relief for Victims of 2017 Disasters)

HUD: $243 Million Awarded to Help U.S. Virgin Islands Recover From Hurricanes Irma and Maria

Investor Update
February 2, 2018

WASHINGTON – The U.S. Department of Housing and Urban Development (HUD) today awarded $242.7 million to help the U.S. Virgin Islands to recover from Hurricanes Irma and Maria. HUD’s Deputy Secretary Pamela Hughes Patenaude announced the disaster recovery grants with Governor Kenneth E. Mapp during a tour of damaged homes in St. Thomas.

These recovery funds awarded today are provided through HUD’s Community Development Block Grant – Disaster Recovery (CDBG-DR) Program and will support long-term recovery, including infrastructure, seriously damaged housing, and economic recovery in the Territory.

“President Trump and the entire HUD family stand with the people of the Virgin Islands to help them recover from these devastating hurricanes,” said HUD Secretary Ben Carson. “These recovery funds will help with broad based economic recovery including damaged homes. As local leaders, along with their citizens, develop their recovery plans, HUD will reduce regulatory barriers and remove any unnecessary roadblocks to speed long-term recovery.”

“We are immensely grateful that HUD is helping to support the long-term recovery underway in the U.S. Virgin Islands,” said Governor Mapp. “We are developing a thoughtful plan to restore our housing stock and support our local business community – together we will rebuild smarter and stronger. I would also like to thank HUD Deputy Secretary Pam Patenaude for her personal visit and sincere interest in the Territory’s recovery effort.”

Background

On September 8, 2017, President Trump signed Public Law 115-56 which appropriated $7.4 billion in CDBG-DR funding for major disasters declared in calendar year 2017. To distribute these funds, HUD is required by law to direct the funds to the areas most impacted by qualifying disastersHUD will continue to work with the government of the US Virgin Islands to address its remaining unmet needs.

In making today’s allocation to the U.S. Virgin Islands, HUD relied upon a wide variety of disaster-related information, including data from the Federal Emergency Management Agency (FEMA) and the Small Business Administration (SBA), to determine the extent of unmet housing and small business needs in the areas most impacted by the disasters. HUD’s analysis found thousands of middle – and lower-income homeowners and renters experienced serious damage to their residences and who were not adequately insured (or uninsured) for their losses. Similarly, businesses suffered serious damage that is not adequately covered by insurance or other resources. The grant announced today is designed to help meet needs not being met by private insurance or other sources of federal assistance.

CDBG-DR grants support a variety of disaster recovery activities including housing redevelopment and rebuilding, business assistance, economic revitalization, and infrastructure. Grantees are required to spend the majority of these recovery funds in “most impacted” areas as identified by HUD. HUD will issue administrative guidelines shortly for use of the funds to address grantees’ long-term recovery needs, particularly in the area of housing recovery.

Source: HUD

HUD: $1.5 Billion Awarded to Help Puerto Rico Recover From Hurricanes Irma and Maria

Investor Update
February 1, 2018

Disaster recovery funds to help repair damaged housing and businesses

WASHINGTON – The U.S. Department of Housing and Urban Development (HUD) today awarded more than $1.5 billion to help Puerto Rico to recover from Hurricanes Irma and Maria. HUD’s Deputy Secretary Pamela Hughes Patenaude announced the disaster recovery grants with Governor Ricardo Rosselló during her third visit to the island since Hurricanes Irma and Maria.

These recovery funds awarded today are provided through HUD’s Community Development Block Grant – Disaster Recovery (CDBG-DR) Program and will support long-term recovery of seriously damaged housing and local businesses in Puerto Rico.

“President Trump and the entire HUD family stand with our fellow citizens in Puerto Rico to help them recover from these devastating hurricanes,” said HUD Secretary Ben Carson. “These recovery funds will help repair damaged homes and businesses. As local leaders, along with their citizens, develop their recovery plans, HUD will reduce regulatory barriers and remove any unnecessary roadblocks to speed long-term recovery.”

Governor Rosselló added, “On behalf of the many thousands of survivors here in Puerto Rico, I want to express our appreciation to the Administration and HUD for recognizing the tremendous needs that remain in so many of our neighborhoods. This grant will make a huge difference in repairing damaged homes and businesses and facilitating the social and economic recovery here in the island.”

Congresswoman Jenniffer González-Colón said, “The $1.5 billion in CDBG-DR funding that we are announcing originates from the first Continuing Resolution (CR) that we advocated for and approved in Congress last September, out of a total of $7.4 billion that was assigned to HUD to assist in the aftermath of natural disasters. Today’s announcement is just another example of our ongoing efforts in Congress to allocate federal funding that helps mitigate the hurricanes’ disastrous effects and consequences.”

Background

On September 8, 2017, President Trump signed the Continuing Appropriations Act, 2018 and the Additional Supplemental Appropriations for Disaster Relief Requirements Act, 2017. The Act appropriated $7.4 billion in CDBG-DR funding for major disasters declared in calendar year 2017. To distribute these funds, the Act requires HUD to direct the funds to the areas most impacted by qualifying disasters. HUD will continue to work with Puerto Rico to address its remaining unmet needs.

In making today’s allocation to Puerto Rico, HUD relied upon data from the Federal Emergency Management Agency (FEMA) and the Small Business Administration (SBA) to determine the extent of unmet housing and small business needs in the areas most impacted by the disasters. HUD’s analysis found thousands of middle- and lower income homeowners and renters experienced serious damage to their residences and who were not adequately insured (or uninsured) for their losses. Similarly, businesses suffered serious damage that is not adequately covered by insurance or other resources. The grant announced today is designed to help meet needs not being met by private insurance or other sources of federal assistance.

CDBG-DR grants support a variety of disaster recovery activities including housing redevelopment and rebuilding, business assistance, economic revitalization, and infrastructure repair. Grantees are required to spend the majority of these recovery funds in “most impacted” areas as identified by HUD. HUD will issue administrative guidelines shortly for use of the funds to address grantees’ long-term recovery needs, particularly in the area of housing recovery.

source: HUD