The creation of a Consumer Financial Protection Agency would ensure that loan brokers have a vested interest in the performance of mortgages they facilitate, according to HUD secretary Shaun Donovan. The CFPA could end “abusive” yield spread premiums and impose a “duty of best execution” on brokers to make sure they put borrowers into affordable mortgages,” the Department of Housing and Urban Development secretary told a Consumer Federation of American conference. In addition, the broker’s fee could be paid over time, instead of in a lump sum at the closing table giving brokers “skin in the game” the secretary said. The National Association of Mortgage Brokers top lobbyist Roy DeLoach said NAMB has a long-standing policy against abusive YSPs that act as incentives for brokers to steer borrowers into riskier, higher cost loans. He noted that NAMB supports a provision in a House-passed bill (H.R. 1728) that prohibits incentivized YSPs. As long as the broker’s fee can be financed inside the interest rate, “we are supportive,” he said. However, NAMB believes brokers should be paid at closing. In terms of best execution, the NAMB lobbyist noted that wholesale lenders, not brokers, underwrite and approve the loans. “The lenders have all the information we have before the loan goes to close,” Mr. DeLoach said. SI believes we have a ways to go, but some form of this legislation will emerge in the first quarter of next year.
Product News: GMAC announcement about the launch of DU 8.0
Minimum Credit Score Requirement With the exception of DU Refi Plus, loan casefiles that are underwritten and submitted through DU Version 8.0 with a minimum representative credit score below 620 will receive an Ineligible recommendation.
Total Expense Ratio With this release, the maximum allowable total expense ratio in DU will be revised to 45 percent. If current debts exceed the maximum allowable total expense ratio, the loan case file will receive an Ineligible recommendation. DU will no longer return a Refer recommendation on loan casefiles that would have otherwise received an Approve Recommendation but had exceeded the maximum allowable total expense ratio. DU Refi Plus loan casefiles submitted to DU Version 8.0 will continue to be subject to the maximum allowable total expense ratio currently applied to DU Version 7.1 DU Refi Plus loan casefiles. Foreclosures DU will be updated to include the following requirements for borrowers with foreclosure completion dates of more than 5 years, but within 7 years from the credit report date:
Bankruptcies Loan casefiles where DU identifies a Chapter 13 bankruptcy that was discharged within the last 24 months; dismissed within the last 48 months; or filed but neither discharged nor dismissed within the last 48 months will receive a Refer with Caution/IV recommendation and is not eligible. Loan casefiles where DU identifies a non-Chapter 13 bankruptcy that was filed, discharged, or dismissed within the last 48 months will receive a Refer with Caution/IV recommendation and is not eligible. Expanded Approval (EA) Recommendations DU Version 8.0 will no longer issue EA-II and EA-III recommendations. Revised Mortgage Insurance (MI) Coverage Reduced MI and Lower-Cost MI will no longer be offered with DU Version 8.0. Please note that GMAC Bank will not participate in the simplified MI option. New and Updated Underwriting and Eligibility Policies The DU documentation for Age of Credit Documents will be updated to reflect a credit report expiration of 90 days from the date of the credit report for purchase and refinance transaction. DU will issue a Verification message on all DU loan casefiles requiring that a completed and signed Form 4506-T is obtained for all borrowers at both application and closing. DU will issue a Verification message on all DU loan casefiles requiring a verbal verification of employment VVOE is performed and documented for each borrower. These updated guidelines for submission to DU 8.0 are effective for all loans locked or trades committed on and after December 11, 2009. Loans locked before December 11, 2009, under the previous DU Version 7.1 guidelines, must be purchased and funded by GMAC Bank on or before January 30, 2010 . Loans locked before December 11, 2009 under the previous DU Version
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