CFPB Recovers $107 Million in Relief for More Than 238,000 Consumers Through Supervisory Actions

Investor Update
November 3, 2015

Examiners Uncover Illegal Practices in Student Loan Servicing, Mortgage Origination and Servicing, Consumer Reporting, and Debt Collection Markets
 
WASHINGTON, D.C. –
Today the Consumer Financial Protection Bureau (CFPB) released its latest supervision report outlining the illegal practices uncovered by the Bureau’s examiners from May 2015 to August 2015. The Bureau found violations in the student loan servicing, mortgage origination and servicing, consumer reporting, and debt collection markets. The report shows that CFPB supervisory actions resulted in $107 million in relief to more than 238,000 consumers.
 
“Our supervisory activities in the past few months have returned $107 million to hundreds of thousands of harmed consumers,” said CFPB Director Richard Cordray. “Borrowers should not be mistreated when trying to repay their loans. We will continue to shine light on the problems we observe in areas such as servicing, consumer reporting, and debt collection, and hold companies accountable when they do not treat borrowers fairly.”
 
Under the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), the CFPB has authority to supervise banks and credit unions with more than $10 billion in assets and certain nonbanks. Those nonbanks include mortgage companies, private student lenders, payday lenders, as well as nonbanks the Bureau defines through rulemaking as “larger participants.” To date, the Bureau has issued rules to supervise the larger participants in the markets of consumer reporting, debt collection, student loan servicing, international money transfers, and auto finance.
 
Today’s report, which is the ninth edition of Supervisory Highlights, generally covers supervisory activities completed between May 2015 and August 2015. The CFPB often finds problems during supervisory examinations that are resolved without an enforcement action. Recent non-public supervisory actions in areas such as mortgage servicing, mortgage origination, deposits, and credit cards have resulted in $107 million in restitution to more than 238,000 consumers. Among the findings in this supervision report:

  • Student loan servicers allocated payments to maximize fees and failed to give consumers choices about how to apply payments: Typically, servicers handle multiple student loans for each borrower in one combined account. Servicers allow borrowers to make a single payment for all of the loans, and then the servicer allocates the payment among the borrower’s loans to satisfy the monthly payment for each loan. Where the borrower made a payment that was less than the total amount due, CFPB examiners found that one or more servicers allocated the amount proportionally to each loan and all of the borrower’s loans may have been charged late fees and become delinquent. Bureau examiners found that student loan servicers were not telling consumers that they have a choice about how to apply partial payments and did not explain the possible ramifications of the servicer’s allocation methodology. Bureau examiners found this fee-maximizing practice unfairly resulted in higher late fees and harm to borrowers.
  • Student loan servicers’ unfair practices increased fees and interest for borrowers: In cases where borrowers make automatic loan payments on a recurring basis every month, CFPB examiners found on one or more occasions that malfunctions in servicers’ systems caused payments to be triggered earlier than the scheduled date. This can cause unexpected debits and overdraft fees for consumers. Bureau examiners also observed other cases where pre-authorized auto-debit payments fell on dates when banks were closed and the payments were processed on the next business day, but servicers did not reverse any interest accrued due to the closures.
  • Student loan servicers deceive borrowers about student loan late fees: For certain federal student loans, Bureau examiners found that student loan servicers were deceiving consumers about late fees, stating that fees might be charged for federal student loans owned by the Department of Education. The Department of Education does not charge late fees on its loans and it tells servicers not to do so.
  • Mortgage servicers failed to automatically terminate mortgage insurance and reimburse consumers: Examiners found one or more mortgage servicers violated the Homeowners Protection Act by failing to automatically terminate private mortgage insurance for borrowers eligible for automatic termination. For borrowers who are current on their payments, the Act requires servicers to automatically terminate private mortgage insurance when the loan’s principal balance is first scheduled to reach 78 percent of the property’s original value.
  • Furnishers lacked adequate policies for accurately reporting information to consumer reporting agencies and failed to respond to disputes: Examiners continue to find a lack of reasonable written policies and procedures for accurately reporting deposit account, debt collection, and student lending information to the consumer reporting agencies. The CFPB found that many furnishers did not have systems in place to properly receive, evaluate, and respond to consumer disputes regarding the information provided to consumer reporting agencies. In particular, examiners found that certain furnishers did not notify consumers about the outcome of investigations about disputes over consumer reporting information. In other instances, some furnishers did not notify consumers when they took adverse action against them based on information in their reports.
  • Debt collectors used illegal tactics to contact consumers: Bureau examiners found at least one debt collector’s employees violated federal law by failing to identify that they were debt collectors during phone calls with consumers. Examiners also found instances where one or more debt collectors illegally continued to contact consumers on the phone at work after consumers verbally told them to stop.

Bureau examiners did observe some positive steps taken by various institutions to improve compliance. For example, certain mortgage servicers have made significant improvements to their compliance audits, which led to prompt correction of problems in many instances. Other mortgage servicers conducted information technology reviews and identified inadequacies, leading them to replace outdated systems. Additionally, certain student loan servicers took positive steps in cases where borrowers try to pay off their entire loan or account with a large lump sum but fall short of the total amount. In these instances, examiners observed that some servicers alert borrowers about unpaid balances, which can prevent them from accruing interest, having problems with their credit reports, or facing potential delinquency or default.
 
In this edition of Supervisory Highlights, the CFPB also announced that it has revised its exam appeals process. The revisions reflect experience gained in the appeals process so far, and are aimed at improving efficiency, consistency, transparency, and fairness to supervised institutions.

Where CFPB examiners find violations of law or other significant problems or weaknesses, they alert the institutions to their concerns and outline necessary remedial measures. When appropriate, the CFPB opens investigations for potential enforcement actions. The CFPB expects all entities under its supervision to respond to customer complaints and identify major issues and trends that may pose broader risks to their customers.
 
Today’s edition of Supervisory Highlights is available at:
http://www.consumerfinance.gov/reports/supervisory-highlights-fall-2015/

Source: CFPB

Are Servicers Finally Off the CFPB?s Hit List?

Investor Update
November 3, 2015

Bureau offering more carrot, less stick

For quite some time now, it appeared that the Consumer Financial Protection Bureau was out to get the servicing industry. However, a quick perusal of the new supervisory report from the CFPB might finally be a sign that servicers are no longer at the top of the bureau’s hit list.
 
The vendetta against servicers by the head of the bureau goes a long way back.

Over five years ago, in the March 2010 issue of HousingWire Magazine, we asked CFPB Director Richard Cordray, “Why is the oversight of the mortgage servicing industry such a priority in your office?”
 
Cordray responded saying, “Ohio has been hard-hit and was one of the first states hit hard by the foreclosure crisis and in my view, that is the single phenomenon that is holding us back in terms of economic recovery. If we could minimize the number of foreclosures, not only would that lead to less disruption of people’s lives and less dislocation in our communities, but I also think it would remove a significant drag on our economic activity in the state and I think that’s being felt in other states around the country as well.”
 
Fast-forward to the February 2014 issue of HousingWire Magazine, and not much changed in Cordray’s tone.
 
He specifically pointed to the servicing industry when it came to the bureau’s Qualified Mortgage rule, which had just gone into effect on Jan. 10, 2014.
 
“There have been a lot of problems in that industry. I have seen them very close up when I was a public official in Ohio. It is important for them to take this very seriously and improve their performance and come into compliance with these rules,” he said in the magazine article.
 
Shortly after this interview, Steven Antonakes, former deputy director of the CFPB, opened a general session at the Mortgage Bankers Association’s National Mortgage Servicing Conference & Expo in 2014, saying, “Nearly eight years have passed and I remain deeply disappointed by the lack of progress the mortgage servicing industry has made.”
 
His assessment of the servicing industry was not well received at the time. “This audience is the people who are doing the work. These are not CEOs of large companies; these are heads of servicing operations. They are compliance and quality control individuals coming here to make sure they are staying compliant,” David Stevens, MBA president and CEO, said in response to the speech.
 
Now let’s take a look at this year.
 
In June 2015, the bureau published its eighth edition of supervisory highlights, covering activities between January 2015 and April 2015, and, once again, servicers were a main focus.
 
“We are extremely concerned that one year after the CFPB’s mortgage servicing rules went into effect we are still finding run-arounds and illegal dual-tracking,” said Cordray at the time.
 
“Consumers deserve to be treated with honesty and integrity, and our rules require that servicers give borrowers a fair process when they try to save their homes. The CFPB will continue to stand beside consumers to make sure mortgage servicers are following the law,” Cordray added.
 
But the report released by the CFPB on Tuesday morning has a very different tone compared to all the examples listed above.
 
Here’s the bureau’s intro to the servicer section in the report:
 
While Supervision continues to be concerned about the range of legal violations identified at various mortgage servicers, it also recognizes efforts made by certain servicers to develop an adequate compliance position through increased resources devoted to compliance.

One or more servicers have made significant improvements in the last several years ? for example, examiners observed compliance audits that thoroughly assessed the business unit’s internal control environment, clearly identified issues with compliance, detailed management’s response, set a target date for resolving the identified issues, and completed the necessary adjustments promptly. At one or more servicers, these audits were part of a wider and adequately resourced compliance framework.

Moreover, one or more servicers conducted formal reviews of information technology structures and identified the inadequacies causing earlier problems, including system outages. These reviews led one or more servicers to replace outdated systems, such as deficient document management systems. Supervision continues to see that the inadequacies of outdated or deficient systems pose considerable compliance risk for mortgage servicers, and that improvements and investments in these systems can be essential to achieving an adequate compliance position.
 
The statement uses phrases such as “made significant improvements” and “recognizes efforts,” which haven’t been used by the CFPB to describe servicers in quite some time.
 
While there are years of history working against servicers at the CFPB, could the report finally be a sign that the CFPB is changing its opinion toward servicers? Or maybe it’s the servicing industry that did a lot of changing in the last year.
 
Either way, servicers, you can breathe a sigh of relief — for now.

Source: HousingWire

VALERI Servicer Newsflash

Investor Update
October 7, 2015

SPECIAL INFORMATION
Fiscal Year 2015 End-of-Year Close Out –
Due to end-of-year close out processing, the VA Financial Management System (FMS) will not be available from September 30, 2015, to October 5, 2015. This means no payments will be issued in VALERI (incentives, acquisitions, or claims) during this time. Payments will be released by October 10, 2015. We apologize for the inconvenience and thank you for your patience.

IMPORTANT INFORMATION
VALERI Fee Cost Schedule
The VALERI Fee Cost Schedule has been split into two separate documents on the VALERI webpage due to size. The documents are: VALERI Fee Cost Schedule 2010-2013 and VALERI Fee Cost Schedule 2014 – Present. In addition, the Fee Cost Schedule has been updated to reflect states that can utilize either Judicial or Non Judicial foreclosure methods. If you have any questions, please contact the VALERI Helpdesk at valerihelpdesk.vbaco@va.gov.

Circular 26-15-23 – Special Relief Following Southeast and Mid-Atlantic’s Severe Storms, was issued on October 6, 2015, and is located on the VALERI internet at http://www.benefits.va.gov/HOMELOANS/servicers_valeri.asp.

Circular 26-15-22 – Department of Veterans Affairs Servicer Handbook, M26-4, was issued on September 30, 2015, and is also located on the VALERI internet.

Circular 26-15-21 – Property Preservation Requirements and Fees was issued on September 30, 2015, and is also located on the VALERI internet. Effective immediately, these requirements and fee amounts apply to any work completed on, or after, August 31, 2015.

VA Servicer Handbook M26-4 – VA Servicer Handbook, M26-4 was published on September 14, 2015, and becomes effective November 1, 2015. Servicers will have until October 23, 2015, to submit any comments or questions to VA regarding the Handbook.

Servicer Refund Approval Letter –VA recently updated the Servicer Refund Approval letter that is used to notify servicers of a refund approval and required information. The letter was updated to clarify the list of required refund documents.

DEVELOPMENT UPDATES
VALERI Reports –
Changes have been made to several VALERI reports, including a new calendar feature. Servicers should review scheduled reports in order to add the new filter. Below are several routinely scheduled reports:

  • Acquisition Payment Status
  • Adequacy of Servicing (AOS) Action Required
  • Incentive Payment Status
  • Pre-Approval Status

On Saturday, October 10, 2015, VALERI 3.6 manifest will be released. The following system enhancements will be included:

CQ11046 – Added two new line items to allowable expense items: Mediation Fee and Praecipe of Sale. The new claim bulk upload template will be uploaded and available for servicers on Monday, October 12, 2015.

CQ10505 – Added two new options to the Improper TOC event: VA Reconveyed to Servicer and Title Problems.

CQ 11217 – Confirmation Date is now a required field for the state of Illinois.

CQ 11311 – Judicial Foreclosure is now available for the District of Columbia (DC) foreclosure procedures.

Source: VA

VA Circular 26-15-26 Title Documentation in Florida

Investor Update
October 20, 2015

1. Purpose. This Circular provides guidance on the submission of title documents to VA’s property management contractor when conveying a property to VA in the State of Florida.

2. Background. As part of conveying a property to VA, it is necessary to provide proper documentation so that the Loan Guaranty National Practice Group can conclude that title is in accordance with Title 38, Code of Federal Regulations, section 36.4823(d)(5)(B); i.e., that title vested in VA is such as “would be acceptable to prudent lending institutions, informed buyers, title companies, and attorneys, generally, in the community in which the property is situated.” This usually involves providing an owner’s title insurance policy with no exclusions, other than for taxes that have not yet been billed, but may be accrued against the property.

3. Florida Statutory Revisions. In June 2008, Florida’s Governor signed amendments to State law that became effective on July 1, 2008. Amendments to FL Statutes 718.116(b) (condominiums) and 720.3085(c) (Planned Unit Developments (PUDs)) strengthened remedies for Home Owners’ Associations (HOAs) to collect unpaid dues and assessments by making current owners jointly liable with the past owner for the full amount of past-due HOA dues and assessments, unless the HOA was named in the foreclosure complaint at the time the action was filed. However, if the HOA is properly named in the foreclosure, a current owner is only required to pay the lesser of either the past due HOA amounts which accrued or came due during a fixed period of time immediately preceding the acquisition of title, or one percent of the original mortgage debt. The fixed period is 6 months for a condominium and 12 months for a property in a PUD. In order to avoid unlimited liability for delinquent HOA dues and assessments, all foreclosures commenced on or after July 1, 2008, should have named existing HOAs in the foreclosure complaints.

4. Title Policy Exclusions. Previously, the Florida Regional Counsel has received numerous title insurance policies containing Schedule B exclusions from coverage for “any” assessments related to existing HOAs. The exclusions are appearing even when there is no clear indication that the property is subject to HOA assessment, and they give the appearance that a lien may exist without providing any details. Such a title insurance policy is not acceptable to VA under the standard cited in 38 CFR 36.4823(d)(5)(B) as described above.

5. Title Package Standards. Effective as of the date of this Circular, title packages for the State of Florida must include a statement by the foreclosure attorney on his or her letterhead that either there is no active HOA for a particular property, or that existing HOAs have been identified and named in the foreclosure complaint. If a particular property is in an HOA, the title documentation must also include either:

a. A recorded satisfaction of liens releasing all notices of liens filed of record and a letter from the management company of the HOA stating that there are no association fees due against the property; or

b. Schedule B of the owner’s title insurance policy must be free and clear of any exclusions for potential HOA liens.

6. Advances for Delinquent HOA Dues and Condominium Fees. This Circular constitutes prior approval, as required by 38 CFR 36.4814(e), to advance funds to pay delinquent condominium fees and HOA dues to the extent allowed by Florida law to obtain clear title following foreclosure. Because naming the HOA in the foreclosure action serves to limit the maximum payable after foreclosure to the lesser of one percent of the original mortgage debt, or the amount which came due no more than 6 or 12 months (for a condominium or PUD property, respectively) immediately preceding foreclosure, VA will allow no more than the statutory maximum or the actual amount due, whichever is less. Moreover, fees and charges otherwise allowable that accrue after the date specified in 38 CFR 36.4814(f)(2) may not be included in a claim under the guaranty, nor may the claim exceed VA’s maximum guaranty.

7. Questions. Questions may be directed to Cheryl Amitay at Cheryl.Amitay@va.gov.

8. Rescission: This Circular is rescinded January 1, 2017.

By Direction of the Under Secretary for Benefits

Michael J. Frueh, Director
Loan Guaranty Service

Source VA

VA Circular 26-15-23 Special Relief Following Southeast and Mid-Atlantic’s Severe Storms

Investor Update
October 5, 2015

1. Purpose. This Circular expresses concern about Department of Veterans Affairs (VA) home loan borrowers affected by the Southeast and Mid-Atlantic’s severe storms and flooding, and describes measures mortgagees may employ to provide relief.

2. Direct and Indirect Impact on Borrowers. Directly affected by these severe storms and flooding were those whose homes were severely damaged or destroyed, the families of those killed during the storms, and those who suffered personal injury. Also directly affected were those whose work environments were destroyed or severely damaged as a result. Many others have been indirectly affected, including business partners of those in the federally declared disaster areas announced by the Federal Emergency Management Agency (FEMA), and potentially family members or friends living outside the disaster area who shelter displaced evacuees.

3. Forbearance Request. VA encourages holders of guaranteed loans to extend every possible forbearance to borrowers in distress as a result of these storms. Careful counseling with borrowers should help determine whether their difficulties are directly or indirectly related to these storms, or whether they stem from other sources that must be addressed. The proper use of authorities granted in VA regulations may be of assistance in appropriate cases. For example, Title 38, Code of Federal Regulations (CFR), section 36.4311 (Prepayments) allows the reapplication of prepayments to cure or prevent a default. This means that if a borrower has been making additional principal payments over a period of years, the principal balance may be increased up to the scheduled balance and the increase applied toward regular installments. Also, 38 CFR 36.4315 (Loan modifications) allows the terms of any guaranteed loan to be modified without the prior approval of VA, provided certain conditions in the regulation are satisfied.

4. Moratorium on Foreclosure. Although the loan holder is ultimately responsible for determining when to initiate foreclosure, and for completing termination action, VA has requested on its website (http://www.benefits.va.gov/homeloans) that holders establish a 90-day moratorium, from the date of a disaster, on initiating new foreclosures in the affected disaster area. VA regulation 38 CFR 36.4324(a)(3)(ii) allows additional interest on a guaranty claim when eventual termination has been delayed due to circumstances beyond the control of the holder, such as VA-requested forbearance. The initial request applies to loans in the federally declared disaster areas, which VA believes should include areas declared by FEMA as eligible for public assistance as well as those areas eligible for individual assistance. Because of the widespread impact of the severe storms and flooding, holders should ensure that all foreclosure referrals nationwide during the moratorium are reviewed prior to initiation to ensure that borrowers have not been affected significantly enough to justify delay in referral. Any questions about impact should be discussed with the VA Regional Loan Center (RLC) of jurisdiction.

5. Late Charge Waivers. VA believes that many servicers plan to waive late charges on loans in the disaster areas, and VA encourages all servicers to adopt such a policy for any loans that may have been affected due to the ripple effect of the storms as mentioned in paragraph 2.

6. Credit and VA Reporting. In order to avoid damaging credit records of Veteran borrowers in the affected areas, many servicers may suspend credit bureau reporting on loans in those areas. At this time, VA would encourage servicers to consider suspension of credit reporting on Veteran borrowers nationwide who have been affected by the storms. Similarly, VA will not penalize servicers for any late default reporting to VA as a result of the storms. This may include direct damage to servicer facilities located in the disaster areas or their operations elsewhere which may have been impacted by business partners within the disaster areas. Please contact the appropriate RLC with any questions.

7. Rescission: This Circular is rescinded October 1, 2017.

By Direction of the Under Secretary for Benefits

Michael J. Frueh
Director, Loan Guaranty Service

Source: VA

Remarks of Secretary Julian Castro Mortgage Bankers Association 2015 Annual Convention and Expo

Investor Update
October 19, 2015

As prepared for delivery

Thank you very much, Rodrigo (Lopez), for your kind words and your leadership. And congratulations on your new role as Chairman-elect.

Let me also thank your new Chair, Bill Emerson, your new Vice Chair, David Motley, and the entire Board of Directors. My thanks as well to Dave Stevens and the Senior Management Team.

Finally, I want to thank all of you, the membership of Mortgage Bankers Association, for the important work you’re doing in communities across the nation.

Today, there are young professionals, growing families, and retired couples who are dreaming of buying a place to call their own. They’ve saved up and maintained a good credit score. They’re going to open houses and looking through listings. They’re making offers and negotiating closing dates.

But for most buyers, the dream of homeownership won’t become a reality until that phone call or email from a mortgage lender that says, “Good news! You’ve been fully approved and cleared for closing.”

Your work helps turn hope into homeownership, and it’s been a pleasure to work with so many of you during my 14 months as Secretary.

I know of course, that we’re not going to agree on everything, but the best way to find common ground is through partnership and an open dialogue. And it’s why I’m here today: to exchange ideas that move our housing market forward. So I thank you for inviting me to your 2015 Annual Conference.

As you all know, HUD is celebrating a special milestone this year: our 50th Anniversary. A lot has changed in the past five decades. To borrow from the columnist, Tom Friedman, back in 1965 Facebook didn’t exist, Twitter was still a sound, the cloud was still in the sky, 4G was a parking space, apps were what you sent to college, and Skype was a typo.

But one thing that hasn’t changed is the magic of homeownership. President Johnson once said that owning a home is more than just a cherished dream: it represents achievement, something to be proud of – a place where a person can live with joy and pride, pleasure and dignity.

In the five decades since then-through ups and downs, bubbles and busts-this still holds true. Some were surprised that I put responsible homeownership as a top priority on my agenda, but as I’ve said time and again: the appropriate response to the recent housing crisis isn’t to do away with homeownership – it’s to do it right.

First, this means giving folks of all backgrounds the opportunity to enhance their own financial security, to invest in smart, sustainable growth that works for everyone, from the factory worker, to the school teacher, to the small business owner.

That’s what President Obama did when he stepped into the Oval Office in 2009. Nearly seven years later, the verdict is in: this approach is working. A record 67 straight months of private sector growth. More than 13 million new jobs. An unemployment rate cut in half. And a housing market full of momentum.

Sales of existing homes are near pre-bubble levels. Home prices are at the highest levels since 2007. And families have built $5.2 trillion in housing wealth since 2009.

So the record is clear: the housing market is stronger, optimism is up, opportunity is expanding. And FHA has played a big role in writing this comeback story, stepping up during the crisis and stabilizing the market.

Then in January, we made homeownership more affordable for responsible families by lowering mortgage insurance premiums half a percentage point. Our total volume was up 50% over the first six months of the year compared to 2014. In June alone, we endorsed 65,000 first-time homebuyers, enough to fill the San Diego Padres stadium a few blocks away one-and-a-half times over.

Our work is making a difference. We’re hearing that from borrowers. We’re hearing it from independent economists like Mark Zandi, who’s said that our MIP reduction has been vital to the housing rebound. And we’re hearing it from industry folks like Brian Chappelle who believes that FHA is “getting stronger, faster” and your very own Bill Cosgrove, who recently said that our MIP reduction was “brave.”

Now we’ve got to build on this progress by giving every American who’s ready and willing to buy a home the opportunity to do so. This begins with access to credit. As you know better than anyone, credit provides the financial horsepower that most folks need to make the leap from renting to owning. Without it, many of the “open houses” that you and I pass by will remain just that: open.

But it’s still too hard for creditworthy borrowers to get a loan. And groups who should be leading the home buying market of the future, millennials and communities of color, are among those being left out.

This tight market doesn’t just impact potential borrowers who’ve been relegated to the sidelines. It impacts your bottom lines because of the missed opportunities for business. And it impacts the growth of the housing market as a whole.

So all of us-government and industry-have got to come together to solve this challenge, and HUD’s committed to doing our part in three ways. The first is by giving you the certainty you need to expand your credit box and work with a wider-range of responsible borrowers.

It isn’t exactly breaking news that dealing with the government can be challenging to navigate. FHA is no exception, and that’s caused many of you to operate cautiously. That’s why, over the last two years, we’ve worked closely with industry leaders to create more clarity and certainty for those doing business with us.

The result is significant progress in developing a single-family handbook that takes policies spread out over 900 documents and puts them into one easy-to-use online source. The creation of a new taxonomy that will simplify defects in loans from 99 distinct categories to just nine and provide more useful feedback to lenders, which will make it easier to strengthen your processes. New servicing guidelines that no longer unfairly penalize you for missing filing deadlines, and our withdrawal of the proposed maximum time frame for filing a claim.

A new metric that provides us with a better understanding of a lender’s performance so that those dealing with a wider-range of borrowers won’t be judged unfairly compared to their peers. And our new proposed loan certifications that provide insight into what we expect of lenders when verifying a borrower’s information – a measure that we’re still working on so we appreciate your comments.

Now, to maximize the impact of this work, we’ve asked Congress for the authority to charge an Administrative Fee. I know that this is a concern to many of you, but here’s why we’re doing it. FHA is the largest mortgage insurer in this 21st century global economy. But when it comes to our technology, I might as well jump in the DeLorean like Marty McFly did in Back to the Future because our IT is that old.

Sometimes it feels like we’re sending faxes in an Instagram world. But in this political environment, we can’t depend on the appropriations process to give us the necessary resources. This Admin Fee will give us the funds to upgrade our IT systems. We can all agree that a stronger FHA leads to a stronger housing market, which is why we’re fighting for these funds to better serve you and borrowers across the nation.

But we’re not stopping with IT systems and enhanced clarity – our mission to support responsible homeownership is truly a comprehensive effort. That brings me to the second point I want to highlight today: our unconditional support of Ginnie Mae and its budget.

Ginnie Mae plays a unique role in the marketplace as the only issuer of mortgage-backed securities to carry the full faith and credit guaranty of the United States government. It’s providing lenders with a stable, low-risk avenue for capital, which enables more Americans to realize their dreams.

In the past year alone, nearly 5 million families, most of modest means, have benefited from Ginnie Mae’s work. And we continue to look for innovative ways to serve the market.

At last year’s Annual Conference, I mentioned that we were joining with Federal Home Loan Banks to launch a pilot program that gives small financial institutions access to the secondary market. Today, I’m proud to say that this effort has begun with three community banks, and two more are in the pipeline. This represents nearly 50 percent of all Federal Home Loan Banks, so half the nation will have access to this effort, and we predict thousands of new loans in the years ahead as a result.

Bottom line: HUD believes in Ginnie Mae. We value Ginnie Mae. And Ginnie Mae will continue to play an important role in the housing market for generations to come.

This brings me to my last point: empowering borrowers with the tools they need to be successful in today’s housing market. This means building on the economic progress that’s been made over the last seven years by investing in industries that create good jobs, by raising the minimum wage so that a good day’s work is rewarded, by making college affordable so that a diploma doesn’t come with a lifetime of debt.

And it also means investments in housing counseling. In addition to money, knowledge is the most important asset a family needs to achieve its goals. HUD works closely with 2,400 housing counseling agencies to help Americans turn their housing dreams into a reality, folks like the Hunt family in Baltimore.

In March of last year, they had a low credit score and little in the bank. Then they began working with a counselor who helped them reduce their debt, increase their savings, and strengthen their credit. A year later, with the help of an FHA loan, the Hunts bought their first home.

Housing counseling is making a difference family-by-family, block-by-block, community-by-community. That’s why HUD’s requested an additional $60 million in the President’s budget for this work. As the Mortgage Bankers Association shows with their own efforts, the more people know before they owe, the better off we all are.

President Lyndon Johnson once said that “history’s verdict of any society ultimately rests on how its people lived.” And as we gather here in 2015, our generation must do its part to give every American the chance to live a productive life, to contribute, to fulfill their God-given potential.

A few years ago, we faced the greatest housing test of our lifetimes, but we made it through. Not only are we still standing – we’re prospering and the economy is growing stronger.

That resilience, that strength, that fighting spirit is a testament to the American people. They’ve bounced back and stood tall in the face of historic challenges. They’ve picked themselves up and rebuilt their lives.

Our responsibility as public sector and private sector leaders is to do all we can to reward their hard work with opportunity. The opportunity to buy their own home. The opportunity to put down roots. The opportunity to build a brighter future.

Your industry is vital to this effort. As I said before, credit provides the financial horsepower that folks need to meet their goals, and we still have work to do as long as one creditworthy borrower is shut out of the market.

So let’s keep talking, keep collaborating, keep adapting and keep producing for those we serve.

Together, we can complete this great American comeback story and ensure that we help extend prosperity to more Americans than ever before.

Thank you very much.

Source: HUD

MHA HAMP Update Fannie Mae Security Update May Require Browser Setting Change

Investor Update
September 30, 2015

By the end of October 2015, Making Home Affordable (“MHA”) Program applications administered by Fannie Mae must be accessed using Transport Layer Security (TLS), which may require a Web browser setting change.

Fannie Mae will no longer use the Secure Socket Layer (SSL) protocol, known as SSL encryption, and instead will utilize TLS, which is a more secure communication protocol.

If you access any MHA applications administered by Fannie Mae through a vendor system or direct integration with your organization’s systems, you probably do not need to update your browser setting, and you should follow any instructions from your service provider or system manager.

If you access any MHA applications administered by Fannie Mae directly through a Web browser, you may need to update your browser security setting. Most browsers – including Microsoft Internet Explorer versions 7.8 and higher, and all versions of Mozilla Firefox, Google Chrome, and Safari – enable TLS by default.

If TLS is not enabled in your browser settings, you should make this change immediately; you do not need to wait until October to enable TLS in your browser.

Please consult with your organization’s information technology department and share this information before making any changes. Many organizations manage the default browser settings for all users.

If you or your organization determine that a change is needed, you should change your Web browser setting to enable TLS 1.0. Please use the Help/Support function for your browser for detailed instructions. Additionally, support Websites for common browsers are provided below.

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

Source: MHA

MHA HAMP Reporting Update September 2015 UP Survey Now Available

Investor Update
October 16, 2015

The September 2015 UP survey is now available on HMPadmin.com (login required). Servicers that have executed a Servicer Participation Agreement (SPA) and that have cumulative UP activity must complete and upload their UP survey response to the HAMP Reporting Tool (login required) by Thursday, October 22, 2015.

SPA servicers that have any cumulative UP activity as of September 30, 2015 must submit an UP survey at this time.

For details on downloading and submitting the UP survey response, log in to HMPadmin.com, navigate to the HAMP Loan Reporting Tools & Documents area, and select the UP Survey tab.

Questions?
For more information, email the HAMP Solution Center or call 1-866-939-4469.

For questions specifically regarding the survey contents, email the HAMP Servicer Survey team.

Source: MHA

MHA HAMP Reporting Update April 2016 Release Communications Plan Posted

Investor Update
October 16, 2015

The communications plan for the April 2016 Release has been posted on the open and secure sections of HMPadmin.com. This plan provides a high-level overview of the upcoming release with key milestones identified.

Please review the April 2016 Release Communications Plan for more details. This plan can be found in the Release Notes tab under the Loan Reporting Documents section on HMPadmin.com.

Questions?
Email the HAMP Solution center or call 1-866-939-4469; to reach Black Knight Financial Services (BKFS), select option 1, then option 5.

Source: MHA

HUD Report Shows Continued Success of Single Family Loan Sale Program

Investor Update
October 16, 2015

Earlier this week, HUD released its most recent Report to the Commissioner on Post-Sale Reporting on the FHA Single Family Loan Sale (SFLS) program. The report, using data through August 3, 2015, found that the SFLS program continues to meet its intended goals of contributing to the Mutual Mortgage Insurance (MMI) fund, providing homeowners who have exhausted FHA’s loss mitigation options a second chance to stay in their homes, and reducing taxpayer risk.

Instituted in 2010, the SFLS program is intended to maximize financial recovery, reduce claim costs, minimize the time assets are held, and keep homeowners in their homes. The SFLS program enables FHA to accept assignment of FHA-insured loans and sell distressed mortgages prior to foreclosure, avoiding costly and potentially lengthy foreclosure proceedings. When a distressed loan is sold, FHA generates savings by avoiding claim, holding, and sales expenses that would have occurred if the loan was foreclosed upon.

The report states that FHA has sold roughly 101,000 distressed mortgage notes through the Distressed Asset Stabilization Program (DASP), with roughly 55 percent of those sold mortgage notes now resolved. Nearly 50 percent of the loans that have come to a resolution have successfully avoided foreclosure. The report found that without DASP, the alternative for these homeowners would have most likely been foreclosure and the loss of their home.

HUD found that the 14 rounds of SFLS mortgage sales since 2010 have increasingly improved the financial health of the MMI fund. Overall, loss rates to the MMI fund have dropped from 64 percent in the first quarter of 2010 to 49 percent in the second quarter of 2015.

FHA says in the report that it is continuously looking to build on the success of the SLFS program and improve its contributions to the MMI fund as well as provide more homeowners different avenues to avoid foreclosure. In the report, FHA details the following changes that were made to the SLFS program in 2015:

  • Required loan purchasers not to foreclose on borrowers for 12 months in owner-occupied properties;
  • Required loan purchasers to evaluate the borrower for the Home Affordable Modification Program (HAMP). The purchaser is required to offer HAMP or a substantially similar modification to eligible borrowers;
  • Created a pool of loans where only nonprofit groups and local governments were eligible to participate in the auction; and
  • Conducted outreach to encourage a greater number of nonprofits to participate in the SFLS program.

 

Source: NCSHA

x

CEO

Alan Jaffa

Alan Jaffa is the Chief Executive Officer for Safeguard Properties, steering the company as the mortgage field services industry leader. He also serves on the board of advisors for SCG Partners, a middle-market private equity fund focused on diversifying and expanding Safeguard Properties’ business model into complimentary markets.

Alan joined Safeguard in 1995, learning the business from the ground up. He was promoted to Chief Operating Officer in 2002, and was named CEO in May 2010. His hands-on experience has given him unique insights as a leader to innovate, improve and strengthen Safeguard’s processes to assure that the company adheres to the highest standards of quality and customer service.

Under Alan’s leadership, Safeguard has grown significantly with strategies that have included new and expanded services, technology investments that deliver higher quality and greater efficiency to clients, and strategic acquisitions. He takes a team approach to process improvement, involving staff at all levels of the organization to address issues, brainstorm solutions, and identify new and better ways to serve clients.

In 2008, Alan was recognized by Crain’s Cleveland Business in its annual “40-Under-40” profile of young leaders. He also was named a NEO Ernst & Young Entrepreneur Of The Year® Award finalist in 2013.

x

Esq., General Counsel and EVP

Linda Erkkila

Linda Erkkila is the General Counsel and Executive Vice President for Safeguard Properties, with oversight of legal, human resources, training, and compliance. Linda’s broad scope of oversight covers regulatory issues that impact Safeguard’s operations, risk mitigation, strategic planning, human resources and training initiatives, compliance, insurance, litigation and claims management, and counsel related to mergers, acquisition and joint ventures.

Linda assures that Safeguard’s strategic initiatives align with its resources, leverage opportunities across the company, and contemplate compliance mandates. She has practiced law for 25 years and her experience, both as outside and in-house counsel, covers a wide range of corporate matters, including regulatory disclosure, corporate governance compliance, risk assessment, compensation and benefits, litigation management, and mergers and acquisitions.

Linda earned her JD at Cleveland-Marshall College of Law. She holds a degree in economics from Miami University and an MBA. Linda was previously named as both a “Woman of Influence” by HousingWire and as a “Leading Lady” by MReport.

x

COO

Michael Greenbaum

Michael Greenbaum is the Chief Operating Officer of Safeguard Properties, where he has played a pivotal role since joining the company in July 2010. Initially brought on as Vice President of REO, Mike’s exceptional leadership and strategic vision quickly propelled him to Vice President of Operations in 2013, and ultimately to COO in 2015. Over his 14-year tenure at Safeguard, Mike has been instrumental in driving change and fostering innovation within the Property Preservation sector, consistently delivering excellence and becoming a trusted partner to clients and investors.

A distinguished graduate of the United States Military Academy at West Point, Mike earned a degree in Quantitative Economics. Following his graduation, he served in the U.S. Army’s Ordnance Branch, where he specialized in supply chain management. Before his tenure at Safeguard, Mike honed his expertise by managing global supply chains for 13 years, leveraging his military and civilian experience to lead with precision and efficacy.

x

CFO

Joe Iafigliola

Joe Iafigliola is the Chief Financial Officer for Safeguard Properties. Joe is responsible for the Control, Quality Assurance, Business Development, Marketing, Accounting, and Information Security departments. At the core of his responsibilities is the drive to ensure that Safeguard’s focus remains rooted in Customer Service = Resolution. Through his executive leadership role, he actively supports SGPNOW.com, an on-demand service geared towards real estate and property management professionals as well as individual home owners in need of inspection and property preservation services. Joe is also an integral force behind Compliance Connections, a branch of Safeguard Properties that allows code enforcement professionals to report violations at properties that can then be addressed by the Safeguard vendor network. Compliance Connections also researches and shares vacant property ordinance information with Safeguard clients.

Joe has an MBA from The Weatherhead School of Management at Case Western Reserve University, is a Certified Management Accountant (CMA), and holds a bachelor’s degree from The Ohio State University’s Honors Accounting program.

x

Business Development

Carrie Tackett

Business Development Safeguard Properties