Compliance Calendar
Your Financial Credit & Compliance Research Library.
Your Financial Credit & Compliance Research Library.
Effective: | October 1, 2019 |
Industry: | Mortgage Servicing |
Source: | Montana Montana House Bill 108 → |
AN ACT REVISING THE REGULATION OF ESCROW BUSINESSES ACT; ALLOWING ANNUAL REPORTS
OF ESCROW BUSINESSES TO BE REVIEWED BY A CERTIFIED PUBLIC ACCOUNTANT EVERY ODD-NUMBERED YEAR; ALLOWING SERVICE BY COMMON COURIER WITH TRACKING CAPABILITY;
AMENDING SECTIONS 32-7-115 AND 32-7-124, MCA; AND PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 32-7-115, MCA, is amended to read:
"32-7-115. Maintenance of records. (1) A licensee shall establish and maintain the books, accounts, and records necessary to enable the department at any time to determine whether the escrow transactions performed by the licensee comply with the provisions of this part. The books, accounts, and records must be maintained in accordance with generally accepted accounting principles and good business practice.
(2) A licensee shall establish and maintain the following records concerning general accounts:
(a) a general record reflecting the assets, liabilities, capital, income, and expense of the business,
maintained in accordance with generally accepted accounting principles;
(b) a cash receipt and disbursement journal; and
(c) a reconciliation of monthly statements to the general record.
(3) The records referred to in subsections (1) and (2) must be reconciled at least once each month with the bank statements reflecting each escrow account.
(4) A licensee shall preserve for at least 3 years after the close of any escrow:
(a) all bank statements reflecting each escrow account and records of monthly reconciliations of the
statements to the general record;
(b) all canceled checks drawn on each escrow account;
(c) any additional records reflecting banking transactions regarding each escrow account, including
copies of all receipts for funds transferred from other accounts into each escrow account;
(d) all statements of account;
(e) all escrow instructions and amendments to them; and
(f) all additional records pertinent to each escrow transaction.
(5) A licensee shall file annually with the department by a date set by the department by rule a statement of the licensee's financial condition as of December 31 of the preceding calendar year and its transactions and escrow activities during that preceding calendar year concerning consumers in this state. The financial statement must be certified reviewed by an independent public accountant every odd-numbered year and must be in a form and contain the information that the department requires."
Section 2. Section 32-7-124, MCA, is amended to read:
"32-7-124. Hearings -- penalties. (1) The department may impose a civil penalty not to exceed $1,000 for each violation if the department finds, after providing a 14-day written notice of alleged violations and opportunity for administrative hearing, that any person, any licensee, or any officer, agent, employee, or representative of the person or licensee, whether licensed or unlicensed, has:
(a) violated any of the provisions of this part;
(b) failed to comply with the rules or orders promulgated by the department;
(c) failed or refused to make required reports to the department;
(d) furnished false information to the department; or
(e) operated without a required license.
(2) The department may issue an order requiring restitution to parties and reimbursement of the
department's costs of bringing an administrative action. In addition, the department may issue an order revoking, conditioning, or suspending the right of the licensee, directly or through another, to engage in escrow business activities in this state.
(3) All hearing schedules and orders must be mailed to the person or licensee by certified mail to the address for which the license was issued or, in the case of an unlicensed business, to the last-known address of record.
(4) For purposes of this part, the department is considered to have complied with the requirements of law concerning service of process upon mailing by certified mail by sending by common courier with tracking capability any notice required under this part, postage prepaid and addressed to:
(a) the last-known address of the licensee's registered agent for service of process on file with the department;
(b) the last-known address of the licensee on file with the department for an in-state licensee; or
(c) the last-known address of an unlicensed person.
(5) In a judicial action, suit, or proceeding arising under this part or any administrative rule adopted
pursuant to this part between the department and a licensee who does not maintain a physical office in this state, venue is in the district court of Lewis and Clark County.
(6) The provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, apply to a contested case brought under this part." Section 3. Effective date. [This act] is effective October 1, 2019.
Effective: | October 1, 2019 |
Industry: | Mortgage Lending |
Source: | USDA Final Rule → |
Tag: | Underwriting |
Note: A corrected final rule was published 8/19/2019 pushing the effective date from August 21, 2019 to October 1, 2019.
Effective: | October 1, 2019 |
Industry: | Mortgage Lending |
Source: | Fannie Mae , Freddie Mac Bulletin 2017-19 → |
Tags: | Underwriting, Closing |
FHFA also directed the GSEs to extend their implementation of HARP to 2018. To ensure you can continue to offer refinancing opportunities to borrowers with mortgages with high LTV ratios until the new offering is available, we will purchase Freddie Mac Relief RefinanceSM – Same Servicer and Open Access mortgages with application received dates on or before December 31, 2018, and Freddie Mac settlement dates on or before September 30, 2019.
Effective: | October 1, 2019 |
Industry: | Consumer Lending, Mortgage Lending, Mortgage Servicing |
Source: | North Carolina North Carolina Senate Bill 529 → |
Tags: | North Carolina, Fees, Cash Management |
Effective: | October 1, 2019 |
Industry: | Mortgage Lending |
Source: | Connecticut Connecticut Senate Bill 320 → |
Tags: | Connecticut, Closing |
A violation of the new requirement constitutes a Class D felony, punishable by a $5,000 penalty or five years in jail.
Lenders should ensure that only a Connecticut licensed attorney conducts the closing on any first- or second lien mortgage loan, other than a home equity line of credit, that require the issuance of title insurance.
Effective: | October 1, 2019 |
Industry: | Mortgage Lending, Mortgage Servicing |
Source: | Nevada Nevada Senate Bill 382 → |
Tags: | Loan Documents, Payoffs-Reconveyances, Foreclosure |
Effective: | October 1, 2019 |
Industry: | Mortgage Lending, Mortgage Servicing |
Source: | Colorado Colorado House Bill 1172 → |
Tags: | Colorado, Licensing |
Colorado House Bill 1172 enacts an organizational recodification of title 12 of the Colorado Revised Statutes, and, in connection therewith, limiting substantive changes to those that conform similar provisions to achieve uniformity, eliminate redundancy, or allow for the consolidation of common provisions or that eliminate provisions that are archaic or obsolete.
Effective: | October 1, 2019 |
Industry: | Consumer Lending, Mortgage Lending, Mortgage Servicing |
Source: | Maryland Maryland House Bill 1154 → |
Tags: | Maryland, Information Security/Data Breach |
Maryland House Bill 1154 alters the applicability of certain security breach investigation requirements to certain businesses; altering the applicability of certain security breach notification requirements to a certain owner or licensee of computerized data to allow notification to national information security organizations created for information-sharing and analysis of security threats, to alert and avert new or expanded breaches; prohibiting a certain business from charging a certain owner or licensee of computerized data a certain fee; etc.
Effective: | October 1, 2019 |
Industry: | Mortgage Servicing |
Source: | Maryland Maryland House Bill 107 → |
Tags: | Maryland, Foreclosure |
Maryland House Bill 107
Effective: | October 1, 2019 |
Industry: | Consumer Lending, Mortgage Lending, Mortgage Servicing |
Source: | Maryland Maryland House Bill 61 → |
Tags: | Maryland, Licensing |
Maryland House Bill 61 alters certain net worth requirements for certain applicants and licensees for certain mortgage lending, loan servicing, and loan origination activities to
Effective: | October 1, 2019 |
Industry: | Mortgage Lending, Mortgage Servicing |
Source: | Montana HB-107 → |
Tag: | Montana |
AN ACT GENERALLY REVISING THE MONTANA MORTGAGE ACT; ADDING CAPITAL REQUIREMENTS FOR MORTGAGE SERVICERS; ADDING NET WORTH REQUIREMENTS FOR MORTGAGE LENDERS; REVISING DESIGNATED MANAGER AND BRANCH OFFICE REQUIREMENTS; REVISING SURETY BOND REQUIREMENTS; ALLOWING SERVICE BY COMMON COURIER WITH TRACKING CAPABILITY; PROVIDING RULEMAKING AUTHORITY REGARDING FALSE, DECEPTIVE, AND MISLEADING ADVERTISING, INTERNET AND ELECTRONIC ADVERTISING, MORTGAGE SERVICER CAPITAL REQUIREMENTS, AND DESIGNATED MANAGER SUPERVISORY REQUIREMENTS; PROVIDING FOR PENALTIES AND RESTITUTION FROM SERVICE PROVIDERS; AUTHORIZING INVESTIGATION OF SERVICE PROVIDERS; ALLOWING THE DEPARTMENT TO DISCLOSE INFORMATION ABOUT SERVICE PROVIDERS TO LICENSEES; AMENDING MORTGAGE SERVICER COSTS AND FEE SCHEDULE FILING REQUIREMENTS; AND AMENDING SECTIONS 32-9-103, 32-9-120, 32-9-122, 32-9-123, 32-9-128, 32-9-130, 32-9-133, 32-9-141, 32-9-149, 32-9-160, AND 32-9-170, MCA.
Effective: | October 2, 2019 |
Industry: | Mortgage Lending |
Source: | Freddie Mac Bulletin 2019-20 → |
Tags: | Property - Appraisal, Underwriting |
Effective: | October 2, 2019 |
Industry: | Mortgage Lending |
Source: | Freddie Mac Bulletin 2019-20 → |
Tags: | Adjustable Rate Mortgage (ARM), Closing, Loan Documents |
Effective: | October 2, 2019 |
Industry: | Mortgage Lending |
Source: | Freddie Mac Bulletin 2019-20 → |
Tags: | Underwriting, Employment |
Effective: | October 2, 2019 |
Industry: | Mortgage Lending, Mortgage Servicing |
Source: | Freddie Mac Bulletin 2019-20 → |
Tag: | Secondary |
Effective: | October 2, 2019 |
Industry: | Mortgage Lending |
Source: | Freddie Mac Bulletin 2019-20 → |
Tags: | Certification, Endorsement, and Delivery, Closing |
Effective: | October 2, 2019 |
Industry: | Mortgage Lending, Mortgage Servicing |
Source: | Freddie Mac Bulletin 2019-20 → |
Tag: | Quality Control |
We are revising Seller in-house quality control program requirements to provide that Sellers may notify Freddie Mac in writing within 90 days, instead of 60 days, of a determination that a quality control finding affects the eligibility of a Mortgage sold to us. This excludes fraud or possible fraud, which must still be reported within 60 days of the determination.
In addition, we are revising the requirements to, among other things:
Effective: | October 2, 2019 |
Industry: | Mortgage Lending |
Source: | Freddie Mac Bulletin 2019-20 → |
Tag: | Quality Control |
We are updating certain postfunding quality control review requirements regarding:
We are also updating the Guide to:
Effective: | October 2, 2019 |
Industry: | Mortgage Lending, Mortgage Servicing |
Source: | Freddie Mac Bulletin 2019-20 → |
Tag: | Secondary |
Effective: | October 2, 2019 |
Industry: | Mortgage Lending |
Source: | Freddie Mac Bulletin 2019-20 → |
Tags: | Underwriting, Condominiums |
Effective: | October 2, 2019 |
Industry: | Mortgage Lending |
Source: | Freddie Mac Bulletin 2019-20 → |
Tags: | Underwriting, Manufactured Homes |
Effective: | October 2, 2019 |
Industry: | Mortgage Lending |
Source: | Freddie Mac Bulletin 2019-20 → |
Tags: | Underwriting, Condominiums |
Effective: | October 2, 2019 |
Industry: | Mortgage Lending |
Source: | Freddie Mac Bulletin 2019-20 → |
Tags: | Underwriting, Condominiums |
To expand eligibility, a project may still be considered as an Established Condominium Project where the developer retained more than 25% of the units (which otherwise makes the project a New Condominium Project) if:
Effective: | October 2, 2019 |
Industry: | Mortgage Lending |
Source: | Freddie Mac Bulletin 2019-20 → |
Tag: | Underwriting |
Effective: | October 2, 2019 |
Industry: | Mortgage Lending |
Source: | Freddie Mac Bulletin 2019-20 → |
Tags: | Underwriting, Assets |
Effective: | October 2, 2019 |
Industry: | Mortgage Lending |
Source: | USDA USDA Forms Search Page → |
Tag: | Certification, Endorsement, and Delivery |
Note: Enter "3555-21" in the Form Number search box.
Effective: | October 2, 2019 |
Industry: | Mortgage Lending |
Source: | Freddie Mac Bulletin 2019-20 → |
Tag: | Underwriting |
Effective: | October 2, 2019 |
Industry: | Mortgage Lending |
Source: | Fannie Mae SEL-2019-08 → |
Tags: | Underwriting, Income |
Effective: | October 2, 2019 |
Industry: | Mortgage Lending |
Source: | Fannie Mae SEL-2019-08 → |
Tags: | Adjustable Rate Mortgage (ARM), Underwriting |
Effective: | October 2, 2019 |
Industry: | Mortgage Lending |
Source: | Fannie Mae SEL-2019-08 → |
Tags: | Underwriting, Income |
Effective: | October 2, 2019 |
Industry: | Mortgage Lending |
Source: | Fannie Mae SEL-2019-08 → |
Tags: | Closing, Secondary |
Effective: | October 2, 2019 |
Industry: | Mortgage Lending |
Source: | Fannie Mae SEL-2019-08 → |
Effective: | October 2, 2019 |
Industry: | Mortgage Lending, Mortgage Servicing |
Source: | Freddie Mac Bulletin 2019-20 → |
Tag: | Secondary |
Effective: | October 4, 2019 |
Industry: | Mortgage Lending |
Source: | USDA PN 529 → |
Tags: | Underwriting, Escrow-Impounds, Insurance, Property - Appraisal |
The following updates were made to Chapter 12 to include guidance on the new Single-Close Construction loan to coincide with the Final Rule and add the new feature for the purchase with repair and rehabilitation loan option.
Effective: | October 4, 2019 |
Industry: | Mortgage Lending |
Source: | USDA PN 529 → |
Tag: | Underwriting |
Effective: | October 4, 2019 |
Industry: | Mortgage Lending |
Source: | USDA PN 529 → |
Tag: | Underwriting |
Effective: | October 4, 2019 |
Industry: | Mortgage Lending |
Source: | USDA PN 529 → |
Tag: | Underwriting |
Effective: | October 4, 2019 |
Industry: | Mortgage Lending |
Source: | USDA PN 529 → |
Tags: | Underwriting, Income |
The revisions to this chapter provide lenders clarification and guidance on evaluating acceptable income types and timeframes. It allows lenders additional flexibility in determining applicant’s stable and dependable income.
Effective: | October 4, 2019 |
Industry: | Mortgage Lending, Mortgage Servicing |
Source: | Maryland 09.03.06 Mortgage Lenders → |
Tag: | Maryland |
Effective: | October 9, 2019 |
Industry: | Mortgage Servicing |
Source: | Freddie Mac https://guide.freddiemac.com/app/guide/bulletin/2019-21?utm_source=eloqua&utm_medium=email&utm_campaign=2019_GUIDE_INFO_Auto-Email → |
Tag: | Bankruptcy |
In Bulletin 2019-18, Freddie Mac updated certain bankruptcy cramdown requirements, including when a Servicer must instruct counsel to file for relief from the automatic stay. We are updating Section 9401.3 to more closely align with those requirements.
Effective: | October 9, 2019 |
Industry: | Mortgage Servicing |
Source: | Freddie Mac https://guide.freddiemac.com/app/guide/bulletin/2019-21?utm_source=eloqua&utm_medium=email&utm_campaign=2019_GUIDE_INFO_Auto-Email → |
Tags: | Partial Releases, Loss Mitigation, Fees |
We are updating our requirements to clarify that coupling a partial reinstatement with a repayment plan is considered a best practice but is not mandatory. Servicers that choose not to pair a partial reinstatement with a repayment plan must continue to attempt to resolve the Delinquency and remain responsible for adhering to foreclosure timeline requirements.
Additionally, regarding full reinstatements, we are specifying that Servicers may charge or collect from the Borrower an amount that exceeds the expense limits specified in Guide Exhibit 57A, Approved Attorney Fees and Title Expenses, provided those amounts are legally allowable and recoverable.
Effective: | October 9, 2019 |
Industry: | |
Source: | Freddie Mac https://guide.freddiemac.com/app/guide/bulletin/2019-21?utm_source=eloqua&utm_medium=email&utm_campaign=2019_GUIDE_INFO_Auto-Email → |
Tags: | Delinquent Loans, Loss Mitigation |
In response to Servicer questions, we are clarifying that Borrowers who reach the applicable Delinquency threshold for a streamlined offer for a Flex Modification remain eligible for the Flex Modification even if one or more payments subsequently results in the Borrower becoming less delinquent than the eligible Delinquency threshold. In these instances, the Servicer must provide the eligible Borrower with a streamlined offer for a Flex Modification within the required time frame, provided that the Borrower’s payment has not resulted in the full reinstatement of the mortgage.
Effective: | October 9, 2019 |
Industry: | Mortgage Servicing |
Source: | Freddie Mac https://guide.freddiemac.com/app/guide/bulletin/2019-21?utm_source=eloqua&utm_medium=email&utm_campaign=2019_GUIDE_INFO_Auto-Email → |
Tags: | Document Custodian, Servicing, Servicing Transfers |
We updated Section 2202.2 to indicate that Freddie Mac is no longer accepting applications to become or approving new Document Custodians. The eligibility standards set forth in Section 2202.2 remain in effect for our current Document Custodians.
We updated Sections 2202.3 and 2202.6 to:
Effective: | October 9, 2019 |
Industry: | Mortgage Servicing |
Source: | Freddie Mac Guide Chapter 8107 rewrite, Release of Notes → |
Tags: | Servicing, Loss Mitigation, Servicing Transfers |
Guide Chapter 8107 rewrite
We are substantially rewriting Chapter 8107 to provide more information and specificity regarding the release of Notes and documents by, and their return to, Document Custodians.
Release of Notes
Previously, Servicers were required to return Notes and other documents that were no longer required for Servicing to Document Custodians “promptly.” To provide guidance for Servicers, we are updating the Guide to specify that such documents must be returned to Document Custodians within 90 days.
Additional Chapter 8107 updates
We are also updating our document custody requirements in Chapter 8107 to:
Effective: | October 10, 2019 |
Industry: | Mortgage Lending |
Source: | Freddie Mac Bulletin 2019-16 → |
Tag: | Underwriting |
Effective for Mortgages with Settlement Dates on and after October 10, 2019, but Sellers may implement immediately
Effective: | October 15, 2019 |
Industry: | Mortgage Lending |
Source: | FHA Mortgagee Letter 2019-17 → |
Tags: | HECM, Underwriting, Condominiums |
The Condominium Project Approval requirements in Section II.C of Handbook 4000.1 and the requirements for Units in approved projects, site condominiums, and Units in projects not approved by FHA in Section II.A.8.p, Condominiums, apply to HECMs with additional guidance.
Requirements for Units in Approved Condominium Projects:
The Mortgagee must ensure all HECMs comply with the requirements in Section II.A.8.p. Condominiums, of Handbook 4000.1 when the individual Unit is within an approved condominium project.
FHA will insure HECMs on Units approved in accordance with Section II.A.8.p.iii, Single-Unit Approval, of Handbook 4000.1, provided that the mortgagee verifies the prospective HECM borrower:
- meets the applicable geographical residual income standard as stated in Section 3.100 of the HECM Financial Assessment and Property Charge Guide without the use of Compensating Factors; and
- has a satisfactory property charge payment history as stated in Section 2.28 of the HECM Financial Assessment and Property Charge Guide without the use of Extenuating Circumstances.
FHA will insure HECMs on Units that meet the definition for a Site Condominium and comply with standards set forth in Section II.A.8.p.iv, Site Condominiums, of Handbook 4000.1.
All other existing HECM eligibility and program requirements remain in effect.
Effective: | October 15, 2019 |
Industry: | Mortgage Lending |
Source: | FHA FHA Info #19-41 → |
Tags: | Underwriting, Property - Appraisal, HECM |
NEW Section II.A.8.p, Condominiums, are effective for case numbers assigned on or after October 15, 2019.
NEW Section II.C Condominium Project Approval are effective for Condominium Project Approvals and Recertifications on or after October 15, 2019.
Effective: | October 16, 2019 |
Industry: | Consumer Lending |
Source: | New York Alert → |
Tags: | New York, Consumer, Student Loans |
Effective: | October 17, 2019 |
Industry: | Mortgage Lending |
Source: | VA Circular 26-19-17, Change 1 → |
Tags: | Underwriting, Closing, Certification, Endorsement, and Delivery |
Circular 26-19-17 is changed as follows:
Rescission: This Circular is rescinded July 1, 2020.
Effective: | October 17, 2019 |
Industry: | Mortgage Lending |
Source: | VA Circular 26-19-17, Change 1 → |
Tags: | Underwriting, Closing, Certification, Endorsement, and Delivery |
Circular 26-19-17 is changed as follows:
1) The Veteran has already been determined to be exempt from the funding fee as evidenced on IRRRL assignment screen in WebLGY.
2) The entitlement encumbered on the loan being refinanced belongs to the surviving spouse of a Veteran.
3) The entitlement encumbered on the loan being refinanced belongs to a Veteran who has since passed away and the IRRRL borrower is spouse who was also a co-borrower on the loan being refinanced.
Please note: The spouse of a Veteran who is now deceased, will not be considered exempt from the VA Funding Fee unless (s)he is in receipt of DIC. Lenders may remit VA Form 26-8937, Verification of VA Benefits, to the RLC of jurisdiction to verify a surviving spouse’s exempt status.
Rescission: This Circular is rescinded July 1, 2020.
Effective: | October 18, 2019 |
Industry: | Mortgage Lending |
Source: | VA VA Pamphlet 26-7, Revised Change 35 → |
Tags: | Property - Appraisal, Underwriting |
Effective: | October 19, 2019 |
Industry: | Mortgage Lending |
Source: | Fannie Mae Release Notes → |
Tag: | Underwriting |
Effective: | October 21, 2019 |
Industry: | Consumer Lending |
Source: | Other NCUA Final Rule → |
Tags: | Property - Appraisal, Commercial |
Effective 90 days after being published in the Federal Register. *Date estimated until confirmed.
Effective: | October 21, 2019 |
Industry: | Mortgage Servicing |
Source: | Fannie Mae Release Notes → |
Tag: | Investor Reporting |
Effective: | October 24, 2019 |
Industry: | Mortgage Lending, Mortgage Servicing |
Source: | FHA Single Family Housing Policy Handbook 4000.1 → |
Tags: | Loss Mitigation, Underwriting, Quality Control, Servicing, Condominiums |
This revision to the FHA Single Family Housing Policy Handbook, or Handbook 4000.1 (Handbook), is being published to update existing sections.
Below is a list of content updates being made to the Handbook:
Handbook Section | Handbook Changes | Page Number(s) |
---|---|---|
Section I – Doing Business With FHA | ||
I.A.5.e Title II Direct Endorsement Lender Condominium Project Review and Approval Process Authority | Updated to note effective date of 10/15/2019. | 37 |
Section II – Origination Through Post-Closing /Endorsement | ||
II.A.8.d.v(B)(1) Cash-Out Refinances – Maximum Mortgage Amounts – Standard | Updated the Maximum Loan-To-Value (LTV) and Combined Loan-To-Value (CLTV) percentages to 80 percent on Cash-out Refinance Mortgages, consistent with ML 2019-11. | 417 |
II.A.8.p Condominiums | Updated to note effective date of 10/15/2019. | 477 |
II.A.8.p.ii(C) Condominiums – Form HUD-9991, FHA Condominium Loan Level/Single-Unit Approval Questionnaire | Updated requirements for units in Approved Condominium Projects to include form HUD-9991. Updated numbering of subsequent sections. | 478-484 |
II.A.8.p Condominiums | Updated required documentation to reference form HUD-9991. | 478, 479, 480, 481-482, 484, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496 |
II.A.8.p.iii(D)(2) Condominiums – Requirements for Eligible Properties – Form HUD-9991, Condominium Loan Level/Single-Unit Approval Questionnaire | Updated requirements for eligible properties to include form HUD-9991. Updated numbering of subsequent sections. | 485-495 |
II.C Condominium Project Approval | Updated to note effective date of 10/15/2019. | 510 |
II.C.2 Condominium Project Approval – Project Eligibility | Updated required documentation to reference HUD-9992. | 512, 514, 518, 519, 520, 520, 521, 522, 524, 525, 526, 527, 529, 531, 532, 533 |
II.C.2.c.i Condominium Project Approval – Project Eligibility – Form HUD-9992, FHA Condominium Project Approval Questionnaire | Updated requirements for the Condominium Project to include form HUD-9992. Updated numbering of subsequent sections. | 512-513 |
II.C.3.b.iv Condominium Project Approval – Project Approval Submission – HUD Review and Approval Process – Submission Process | Updated Condominium Project Approval Stacking Order Documentation to include form HUD-9992. | 535 |
Section III – Servicing and Loss Mitigation | ||
III.A.1.h.i Insurance Coverage Administration – Hazard Insurance | Updated Hazard Insurance guidelines for Mortgagees and the Payment of Renewal Premium requirements. | 623 |
III.A.1.k.ii(E) Mortgage Insurance Premium Cancellation and Termination – Standard – Borrower-Initiated Cancellation of MIP | Updated the Borrower-Initiated Cancellation of MIP requirements for Mortgages with case number assignments before June 3, 2013. | 633 |
III.A.1.k.ii(F) Mortgage Insurance Premium Cancellation and Termination – Standard – Artificial Principal Payment Reduction | Updated language regarding Borrowers with an outstanding Partial Claim/second mortgage. Updated subsequent numbering. | 633-634 |
III.A.2.h.ii(B)(2) Early Default Intervention – SFDMS Default Reporting – Standard – Time Frame for Reporting | Added language regarding reporting accuracy and quality control. | 644 |
III.A.2.h.vi(A)(2) Collection Letters and Electronic Communications – Standard – Electronic Methods of Communication | Clarified which electronic methods of communication are acceptable. | 648 |
III.A.2.j.ii(B)(2) HUD’s Loss Mitigation Program – Owner Occupancy – Standard for Non-Occupant Borrowers | Updated the standard requirement guidance for Non-Occupant Borrowers. | 666 |
III.A.2.j.iii HUD’s Loss Mitigation Option Priority Waterfall | Added clarifying guidance in Step 5. | 670 |
III.A.2.k.v(B)(2) FHA-HAMP – Eligibility – Borrower Qualifications | Updated qualification language and extended qualification criteria to Mortgagees in PDMDAs. | 680 |
III.A.2.k.v(H)(3)(b)(ii) Entering into the Trial Payment Plan Agreement – Standard – Trial Payment Plan Terms | Added clarifying language regarding Trial Payment Plan Terms. | 684-685 |
III.A.2.k.v(H)(4) FHA-HAMP Trial Payment Plans – Waiver of Late Charges | Added section regarding waiver of late charges and renumbered all sections that follow. | 686-688 |
III.A.2.k.v(P) FHA-HAMP – Loss Mitigation Assumption | Added Loss Mitigation Assumption guidance and renumbered all sections that follow. | 694 |
III.A.2.l.ii(B)(2) Home Disposition Options – Pre-Foreclosure Sales – Eligibility – Property Maintenance | Added Property Maintenance language. Updated subsequent numbering. | 695-701 |
III.A.2.p.ii(B) Qualification Criteria for Use of Commissioner’s Adjusted Fair Market Value – Standard | Removed language from standard to align with current policy. | 725-726 |
III.A.2.p.iii(A)(2) Property Valuation and CAFMV – Required Appraisal – Extension to Appraisal Validity Period | Clarified requirements to Extension to Appraisal Validity Period. | 726 |
III.A.2.p.iii(C) Property Valuation and CAFMV – Damage to the Property after Appraisal | Clarified guidance for submitting a variance. | 727 |
III.A.2.r.ii(A)(3) Initiating Foreclosure – Notice to HOA or Condominium Associations | Clarified language regarding who is notified during the foreclosure proceedings. | 736 |
III.A.2.r.ii(A)(4) Initiating Foreclosure – Outstanding HOA or Condominium Association Fees | Updated guidance to be consistent with ML 2013-18. | 736 |
III.A.2.r.ii(H) Conduct of Foreclosure Proceedings – CWCOT Post-Foreclosure Sales Efforts | Updated guidance to clarify timing of sales efforts. | 742 |
III.A.2.s.iii(B) Notice to Occupant of Pending Acquisition – Standard | Updated guidance to include instructions in the event of postponement of a foreclosure sale. | 744 |
III.A.2.t.ii(C)(7)(a) Mortgagee Property Preservation and Protection Action – Securing and Maintaining the Property – Standard | Updated guidance for securing a vacant property. | 752 |
III.A.2.t.iv Conveyance of Acquired Properties – Notice of Property Transfer | Updated guidance on notice of property transfer. | 771 |
III.A.2.t.v(B)(1) Title Evidence – Fee or Owner’s Title Policy | Updated guidance on titles for consistency. | 772 |
III.A.2.t.v(D) Submission of Title Evidence for Conveyance to HUD – HUD Review of Title Evidence | Removed guidance to align with ML 2010-16. | 773 |
III.A.2.t.v(F) Submission of Title Evidence for Conveyance to HUD – Return of the Original Title Evidence to the Mortgagee | Removed guidance to align with ML 2010-16. | 773-774 |
III.A.3.b.vii(B) Assumptions – Acceleration of the Mortgage – Acceleration not Permitted | Updated guidance for transfers by devise or descent. | 783 |
III.A.3.c.iv(B) Loss Mitigation for Borrowers in PDMDAs – Forbearance Options for Borrowers in PDMDAs | Updated section title to specify Borrowers in PDMDAs, to align with ML 2019-14. | 786 |
III.A.3.c.iv(C) Loss Mitigation for Borrowers in PDMDAs – Disaster Loan Modification; III.A.3.c.iv(D) Disaster Standalone Partial Claim; III.A.3.c.iv(E) Required Financial Evaluation for other Loss Mitigation Home Retention Options; III.A.3.c.iv(F) Home Disposition Options | Updated guidance for Borrowers in PDMDAs, to align with ML 2019-14. Updated numbering of subsequent sections. | 787-790 |
Section IV – Claims and Disposition | ||
IV.A.2.a.iv(A)(2) Submission of Claim Form Parts to HUD for Conveyance Claims – Submission of Part A – To P260 | Updated language regarding documentation to be uploaded into P260. | 907 |
IV.A.2.c.iv(A) Hazard Insurance Refund Adjustment – Standard | Updated guidance on submission of claim for a hazard insurance refund adjustment. | 914 |
IV.A.2.c.vii Claims for Additional Funds | Removed guidance supporting when a supplemental claim form may be filed as it relates to Part A and Part B. | 915 |
IV.A.2.c.vii(A)(2) Claims for Additional Funds – Supplemental Claims for Correction of Dates in Part A – Required Supporting Documentation | Updated guidance for required supporting documentations for supplemental claims for correction of dates in Part A. | 916-917 |
IV.A.2.c.vii(B) Claims for Additional Funds when Subject to Administrative Offsets Not Permitted; IV.A.2.c.vii(C) Claims for Funds Related to Partial Claims Not Permitted | Updated title to clarify that such claims are not permitted. | 917 |
IV.A.2.c.viii(A) Submission of Supplemental Claim Form Parts to HUD – To HUD | Updated address where to send supplemental claims. | 918 |
IV.A.2.c.viii(C)(4) Time Frame for Submission of Supplemental Claims – HUD Requests for Additional Information | Removed unnecessary language from guidance on communication between HUD and a Mortgagee. | 919 |
IV.A.2.c.x Appeals of Supplemental Claim Disposition | Updated the address where Supplemental Claim Appeals are to be submitted. | 919 |
IV.A.2.d.iii(B) Computation of Claim Amount – Eviction and P&P Costs when Property is Sold to a Third Party | Updated CWCOT claim guidance. | 921 |
IV.A.2.d.iii(D) Computation of Claim Amount – Deficiency Judgments | Added citation for CFR for more complete guidance. | 922 |
IV.A.2.d.iii(E) Computation of Claim Amount – Third-party Auction Service Fees | Removed language indicating “net sales prices” for third-party auction service fees. | 922 |
IV.A.2.d.iv Submission of Claim Form Parts to HUD for CWCOT | Removed extraneous language. | 922 |
IV.A.2.e.ii(A)(4) Computation of Claim Amount – Allowable Costs – Attorney’s Fees for Postponed Foreclosure | Updated guidance for clarity. | 923-924 |
IV.A.2.e.ii(A)(7) Computation of Claim Amount – Allowable Costs – Borrower Consideration | Updated guidance regarding claim reimbursement. | 924 |
IV.A.2.h Claim Type 32 ** – FHA-HAMP Loan Modification | Added guidance regarding the FHA-HAMP Loan Modification incentive for this Claim Type. | 926 |
IV.A.3.a.i(A) Processing of Claim Forms – Initial Payment – Definition | Updated the Initial Claim Payment definition for clarity. | 927 |
IV.A.3.a.ii(A) Processing of Claim Forms – Final and Full Payments – Definition | Updated the Final Claim Payment definition. | 928 |
IV.A.4 Title II Claims – Withdrawal or Cancellation of Conveyance Claims | Updated section title to be consistent with current policy. | 929 |
IV.A.4.b.ii(B)(2) Reacquisition by HUD and Resubmission of Claim – Reacquisition Package – Required Documentation | Updated the Required Documentation requirements. | 932-933 |
IV.A.4.b.ii(C) Reacquisition by HUD and Resubmission of Claim – Resubmission of Claim | Updated guidance establishing a time frame for submission. | 933 |
IV.A.4.b.ii(D) Reacquisition by HUD and Resubmission of Claim – Expenses and Interest after Reconveyance | Updated guidance establishing a time frame for submission. | 933 |
IV.A.6.a Title II Claims – Debt Collection and Administrative Offset – Demand Letter | Removed unsupported language. | 936 |
IV.B.2.d.i(B) REO Property Disposition – Prospective Buyers – Owner-Occupant Buyers – Standard; IV.B.2.d.i(C) REO Property Disposition – Prospective Buyers – Owner-Occupant Buyers – Required Documentation; IV.B.2.d.v(B) REO Property Disposition – Prospective Buyers – HUD Employees – Required Documentation | Updated guidance for consistency. | 941 942 947 |
IV.B.2.d.vi(B) Prohibited Buyers – Participants in HUD REO Marketing and Management | Updated guidance to provide more specific detail on prohibited buyers. | 947 |
IV.B.2.i.ii Selection of Winning Bid – Submission of Sales Documents | Removed language for clarification and consistency. | 958-959 |
Section V – Quality Control, Oversight and Compliance | ||
V.A.2.a.i Institutional Quality Control Program Requirements – Who May Perform Quality Control – Employees | Added language that was inadvertently removed. This update is effective immediately. | 975 |
V.C.2.d DELRAP Mortgagee Monitoring Reviews; V.E.3.a.v Return to Conditional or Withdrawal of Unconditional DELRAP Authority | Updated to note effective date of 10/15/2019. | 1001, 1013 |
Throughout Document | ||
Corrected instances of GTR to COR. | 931-932, 967 |
3. Implementation:
Unless noted otherwise in this transmittal, previously announced effective dates are not impacted by these Handbook changes.
Handbook changes identified in Section II may be implemented with the original effective date of October 15, 2019, but must be implemented for case numbers assigned on or after January 2, 2020.
Handbook changes identified in Sections III and IV may be implemented immediately, but must be implemented no later than January 2, 2020.
4. Public Feedback:
HUD welcomes feedback from interested parties for a period of 30 calendar days from the date of issuance. To provide feedback on this policy document, please send any feedback to the FHA Resource Center at answers@hud.gov. HUD will consider the feedback in determining the need for future updates.
5. Superseded Policy:
Previous versions of Handbook 4000.1 are amended as described in this Transmittal. All previously superseded or canceled Mortgagee Letters, Housing Notices, and/or Handbooks remain canceled or superseded, except for items notated by * below. All superseded or canceled policy documents will continue to be available for informational purposes only on HUD’s website. Policy documents that have been superseded in full by the Handbook can always be found on HUD’s Client Information Policy Systems (HUDCLIPS) web pages, accessible from the Single Family Housing Superseded Policy Documents page at http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/sfhsuperseded.
Mortgagee Letter(s) Superseded in Whole | ML Number |
---|---|
Updates to FHA’s Loss Mitigation Options for Borrowers in Presidentially-Declared Major Disaster Areas (PDMDAs) | 2019-14 |
Maximum Loan-To-Value and Combined Loan-To-Value Percentages for Cash-Out Refinance Mortgages | 2019-11 |
Quality Control Requirements for Direct Endorsement Lenders | 2011-02 |
Effective: | October 27, 2019 |
Industry: | Mortgage Lending |
Source: | Freddie Mac Bulletin 2019-17 → |
Tags: | Property - Appraisal, Disaster, Underwriting |
Effective: | October 27, 2019 |
Industry: | Mortgage Lending |
Source: | Freddie Mac Bulletin 2019-16 → |
Tags: | Disaster, Underwriting |
Effective: | October 31, 2019 |
Industry: | Mortgage Lending, Mortgage Servicing |
Source: | Fannie Mae SEL-2019-04 → |
We are updating the Guide to remove all references to Fannie Mae’s designated document custodian (DDC) and full-service certification custodian (FCC) as now all Fannie Mae-approved custodians are equipped to certify all types of loans. Each custodian arrangement must be evidenced by the execution of a Master Custodial Agreement (Form 2017). Because of these changes, there will no longer be a difference in the data and document correction process for different custodians. Lenders may choose to opt in to receive email notices via Loan Delivery when their document custodian discovers data or document discrepancies. As a reminder, it is still the lender’s responsibility to work with the custodian to ensure all discrepancies are resolved.
In addition to these changes, we are updating contact information for requests to transfer loans from one custodian to another (outside of a servicing transfer) and removed out-of-date information from the List of Contacts.
Effective Date
For those lenders that have not yet converted to Form 2017, Form 2003 and Form 2010 will be retired by the end of the third quarter 2019.