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July 2010


Industry-Related Announcements/Newsletters - July 2010

To view this month's list of announcements or newsletters related to our mortgage industry, please click here.

U.S. Treasury Yields - July 2010

The U.S. Treasury security yield values for July 2010 may be viewed online here.  The yield is determined as of the 15th day of the month immediately preceding the month in which the creditor receives the application.  The yield value is used for Section 32 and most state high-cost tests. These values will, therefore, be used for loan applications received by the creditor in August 2010.

New/Revised Documents - July 2010

In order to keep DocMagic software users better apprised of document changes and additions as they occur, DSI posts listings of all newly created and revised documents. Here is the list of forms created or modified in June, 2010.

Investor Updates - July 2010

This month DSI posts updates to the loan program of Branch Banking and Trust and SunTrust Mortgage to its Compliance page.  Find out the description of each investor's loan program, which promissory notes, prepayment riders and addenda are used, and what the rate caps and interest-only periods are for variable rate loans by visiting our Investor Updates page.

At Your Service: Updated Late Fee Dollar Amounts; Effective July 1, 2010

The DocMagic System and Default Late Fees matrix have been updated to reflect the July 1, 2010, increased late fee dollar amounts for loans made under the consumer credit codes in Oklahoma and South Carolina.  The following changes were made: (i) Oklahoma late fee dollar amount was $22.00, changed to $22.50; and (ii) South Carolina maximum late fee dollar amount was $16.50, changed to $17.00, and minimum late fee dollar amount was $6.60, changed to $6.80.  The late fee dollar amounts for both Indiana and Minnesota remained the same.

Proposed Program to Ease Financial Burden of Insurance for Some Homeowners

The following article is reprinted with permission from the National Flood Observer Quarterly Newsletter for Summer 2010 here.

FEMA's Flood Map Modernization Program has produced thousands of revised Flood Insurance Rate Maps (FIRMs) over the past six years, impacting homeowners across the United States as new and adjusted flood hazards are revealed.  One result of the extensive remapping effort is the mandated purchase of flood insurance for mortgage holders who are newly included in Special Flood Hazard Areas (SFHAs).  In 2009 alone, more than 29 million properties with mortgages were impacted by FIRM updates, over 402,000 of which were newly identified as being "IN" an SFHA and requiring insurance.*

FHA Risk Management Initiatives: Reduction of Seller Concessions, New LTV and Credit Score Requirements

After experiencing an approximately thirty percent (30%) increase in market share of the single-family mortgage market (up from 3 percent in 2007) coupled with a significant increase in dollar volume of insurance written (from the $56 billion issued in 2007 to more than $300 billion in 2009), FHA will likely sustain significant losses from mortgage loans made prior to 2009 based on an independent actuarial study.  These losses are attributable to, among others, a high mortgage insurance claim rate that has resulted in FHA's Mutual Mortgage Insurance Fund (MMIF) falling below its statutorily mandated two percent (2%) ratio.

Fannie Mae/Freddie Mac Audit Messages Matrix

A lender desiring to sell a mortgage loan to Fannie Mae or Freddie Mac must pass the respective government-sponsored enterprise's ("GSE's") Points and Fees Test and HOEPA Test.  To assist DocMagic users in determining whether they pass/fail the applicable Points and Fees Test and HOEPA Test, DocMagic has implemented audit messages as described in the Fannie Mae High Cost Tests: Maximum Points and Fees and HOEPA Mortgages memo, click here, and the Freddie Mac Anti-Predatory Lending High Cost Tests: Maximum Points and Fees and HOEPA Mortgages memo, click here

Pre-RESPA 2010 Options to Be Removed, Effective August 3, 2010

Effective August 3, 2010, DocMagic users will no longer have the ability to select the Pre-RESPA 2010 (Old) GFE and HUD-1 forms to return in their loan package; only the current (2010) versions of the GFE and HUD-1 will be available.

Dos and Don'ts When Advertising Closed-End Credit Under Regulation Z

Written by Jennifer Dozier* 

When advertising closed-end credit products, lenders and brokers must be mindful of the requirements of Regulation Z.  Within the last year, amendments to Regulation Z went into effect that restrict certain practices when advertising closed-end credit secured by a dwelling.1  These same amendments also require additional disclosures when advertising certain loan terms.  This article will help guide lenders and brokers through the new "dos" and "don'ts" of closed-end credit advertisements.

Freddie Mac High Cost Tests: Maximum Points and Fees and HOEPA Mortgages

UPDATED: April 12, 2011 (Revisions are based on this article here.) 

Note: This article updates and modifies information contained in a number of separate articles regarding Freddie Mac's high cost tests published in prior editions of the Compliance Wizard. A list of those articles appears at the bottom of this article.

It is Freddie Mac's stated policy that any lender selling to Freddie Mac must represent and warrant that:

  1. the total points and fees charged to the borrower do not exceed five percent (5%) of the original loan amount, or no more than $1,000 for loan balances less than $20,000; and/or
  2. the "annual percentage rate" or "points and fees payable by the borrower" (as each such term is calculated under the Home Ownership and Equity Protection Act of 1994 ("HOEPA")) do not exceed the maximum thresholds prescribed under HOEPA.

Each of these separate Freddie Mac policies is discussed in greater detail below.

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