Compliance Calendar
Your Financial Credit & Compliance Research Library.
Your Financial Credit & Compliance Research Library.
Effective: | September 1, 2023 |
Industry: | Mortgage Lending |
Source: | Fannie Mae Frequently Asked Questions → |
Tags: | Closing, Underwriting, Quality Control |
Fannie Mae has released this FAQ to respond to anticipated questions to March 1, 2023, Selling Guide Announcement, which introduced updated expectations for pre-funding quality control (QC) reviews and a change to the post-closing QC cycle timeline.
Effective: | September 1, 2023 |
Industry: | Mortgage Lending |
Source: | Fannie Mae Fannie Mae Selling Guide Announcement SEL-2023-04 → |
Tags: | Underwriting, Property - Appraisal |
The Selling Guide has been updated to include changes to the following:
▪ Shared equity and shared appreciation: providing updated requirements for loans with shared equity or shared appreciation provisions
Effective: | September 1, 2023 |
Industry: | Mortgage Lending |
Source: | Fannie Mae Fannie Mae Selling Notice: Effective Date for Main Living Area Photographs in Appraisals → |
Tags: | Property - Appraisal, Underwriting |
On March 1, 2023, Fannie Mae made a number of updates to the Selling Guide, including introducing value acceptance + property data, hybrid appraisals, and completion alternatives. In this update, Fannie Mae also provided additional details for interior photograph requirements for the main living areas of the property to include the living room, family room, dining room, all bedrooms, and all finished and unfinished areas of the basement.
Appraisers may already be complying with these photograph requirements for the main living areas, and we encourage compliance immediately if not already doing so. However, Fannie Mae will require the full complement of main living area photographs for appraisals in loan applications dated on or after Sept. 1, 2023. See Selling Guide, B4-1.2-01, Appraisal Report Forms and Exhibits for the complete list of appraisal exhibits and photograph requirements.
Effective: | September 4, 2023 |
Industry: | Mortgage Lending |
Source: | Freddie Mac Bulletin 2023-15 → |
Tags: | Underwriting, Condominiums, Cooperative Share Loans |
This Guide Bulletin announces:
Effective: | September 6, 2023 |
Industry: | Mortgage Lending |
Source: | Freddie Mac Bulletin 2023-18 → |
Tags: | Refinance, Income, Underwriting, processor |
This Guide Bulletin announces:
• Student loan payment amounts included in the debt payment-to-income (DTI) ratio
➢ Updates to the amount included in the monthly DTI ratio for all student loans
➢ New requirements for student loans in income-driven repayment plans – January 4, 2024
• Refinance Mortgages
➢ An update related to the use of proceeds from a “no cash-out” refinance Mortgage
➢ Updates to our requirements for cash-out refinance Mortgages
Effective: | September 11, 2023 |
Industry: | Mortgage Lending |
Source: | VA VA Circular 26-22-16, Change 1 → |
Tag: | Certification, Endorsement, and Delivery |
The purpose of this Circular is to remove the “Pricing Sheet” from the stacking order for loans selected for FFLR.
Therefore, Circular 26-22-16 is changed as follows:
Exhibit A: Delete item 8 “Pricing Sheet (valid at time of rate lock)”
Exhibit B: Delete item 3 “Pricing Sheet (valid at time of rate lock)
Effective: | September 27, 2023 |
Industry: | Mortgage Lending |
Source: | USDA Procedure Notice 592 → |
Tags: | Income, Underwriting |
Chapter 9:
Revisions are required to implement new asset balance guidance as decided upon by the SFHGLP Credit Policy Committee (CPC), to provide guidance on how GUS auto
calculates net rental income, to clarify that comingled business/personal accounts need to be considered in household assets, and to clarify that IRS transcripts must
be requested timely and retained in lender’s permanent loan file. Additionally, updates were made to reference applicant (singular) to applicants (plural) and
replace “application date” with “submission to the Agency.”
Paragraph 9.3, Annual Income, IRS Transcripts: Verification of Income
• Clarified that although loan closings may proceed without transcripts, lenders are responsible for obtaining transcripts for their files, and the request for transcripts must be made timely.
• Removed the last paragraph regarding adult household members without social security numbers.
Paragraph 9.4, Calculating Income from Assets
• Added that if applicants own a business, the lender needs to verify that assets are not transferred from a personal account to a business account
and vice versa. The accounts should function separately. If the accounts are co-mingled, the assets would need to be included in the calculation of net family assets.
Attachment 9-A, Income and Documentation Matrix, Rental Income
• Added that unless manually overwritten, GUS auto-calculates net rental income by employing a 25% vacancy factor.
Attachment 9-A, Assets and Reserves
• Added clarification that when assets are entered into GUS and used as reserves, lenders must ensure that the funds are available to the applicants post-closing.
• Clarified that unverified funds are not an acceptable source of funds for down payment, closing costs, etc.
• Updated guidance for “Business Accounts” and “Depository Accounts” to state that lenders must use the balance as reflected on the most current bank statement or Verification of Deposit (VOD), if the date on the VOD is after the bank statement, for reserves.
• Clarified the sourcing requirements for gift funds.
Attachment 9-C, Example Case Study
• Revised example to include a scenario where household members have assets that exceed $50,000 to demonstrate the appropriate calculation that would apply
Chapter 10:
The following updates were made to HB-1-3555, Chapter 10 to make clarifications within the chapter and update the Agency’s credit eligibility requirements for a
complete loan file submission. Additionally, minor grammatical and formatting edits were made to be consistent with other handbook chapter revisions.
Attachment 10-A Credit Matrix: Credit Matrix
• Corrected the word “contradictory” notated under “ALL GUARANTEED LOANS”.
Attachment 10-A Credit Matrix: Credit Inquiries/Recent Debts/Undisclosed debts
• Added guidance that for undisclosed debts not listed on the loan application but discovered during the mortgage loan application process must be manually entered into GUS.
Attachment 10-A Credit Matrix: Overdraft/Non-Sufficient Funds (NSF)
• Added guidance, including the definition for both overdraft and nonsufficient funds (NSF), lenders may choose to include these types of fees in their monthly debt, and that underwriters should consider these types of events in their credit decisions.
Attachment 10-A Credit Matrix: Chapter 7 Bankruptcy
• Added language to clarify that per 7 CFR 3555.151(i)(3) for manually submitted loans with a bankruptcy debt that was discharged within the previous 36 months is considered significant derogatory credit.
• The word "dismissed" has been removed from the same guidance as discharged bankruptcy cases as it appears to conflict with 7 CFR 3555.151(i)(3); dismissed cases are not addressed in the CFR. Dismissed bankruptcy cases has been addressed in a separate sentence.
Attachment 10-A Credit Matrix: Credit Matrix: Chapter 11, 12, or 13 Bankruptcy
• Added language to clarify that for GUS Refer, Refer with Caution, and manually underwritten files, the lender must obtain documentation to verify that the 12 months of the debt restructure plan has elapsed and retain in their permanent loan file.
Attachment 10-A Credit Matrix: Delinquent Court Ordered Child Support
• Added “In all cases, the lender must provide certification of the applicant’s eligibility as part of the application submission. Any documentation obtained to support the lender’s certification to the Agency will be retained in the lender’s permanent loan file.” Attachment 10-A Credit Matrix: Delinquent Federal Non-Tax Debt
• Added “The lender must provide certification of the applicant’s eligibility to the Agency at final submission. Any documentation obtained to support the lender’s certification to the Agency will be retained in the lender’s permanent loan file.”
Attachment 10-A Credit Matrix: Federal Taxes
• Added that proof of repayment plan(s) is required when an applicant has more than one with IRS and a minimum of three timely payments is required on each active repayment plan(s).
• Added language to clarify that an applicant with multiple approved IRS repayment plan(s) are eligible but the approved lender’s underwriter must review and determine if the applicant(s) is an acceptable credit risk.
• Added language that the lender must provide certification of the applicant’s eligibility to the Agency as part of the application submission. Evidence of the repayment agreement(s) and payment history used to support the lender’s certification to the Agency will be retained in the lender’s permanent loan file.
Attachment 10-A Credit Matrix: Disputed Accounts: Non-Derogatory
• Revised language referring to “GUS Accept recommendations” and “downgrading” to match the current GUS FICO Rule.
Attachment 10-A Credit Matrix: Foreclosure or Repossession
• Revised language to clarify that foreclosures or repossession can refer to any type of “property”.
• Added language to clarify that per 7 CFR 3555.151(i)(3) for manually submitted loans with a foreclosure or repossession that was discharged within 36 months prior to the date of application is considered significant derogatory credit and the lender must retain documentation in their permanent loan file.
Attachment 10-A – Credit Matrix: Previous USDA Loss
• Added language that a previous USDA loss within the last seven years is considered significant derogatory credit.
Attachment 10-A – Credit Matrix: Rent/Mortgage Payment History
• Added guidance that would apply to “All Guaranteed Loans” to address that underwriters should review and evaluate the risk factors associated with applicants who will be paying a higher proposed mortgage payment compared to their existing housing payment.
• Added language to clarify that all housing payments entered in GUS should be verified and documented including those payments made within the previous 12 months. Applicants with no verifiable history of housing payments are not automatically ineligible. However, it will be the approved lender’s responsibility to review available documentation to determine if the applicant has acceptable credit history and meets program guidance.
• Added guidance for documenting of rent or mortgage payments received from family members or other interested party must include 12 months of
canceled checks, money order receipts, or electronic payment confirmations.
• Added language to clarify that per 7 CFR 3555.151(i)(3) for manually submitted loans with a rent payment paid 30 or more days late within the last 12 months, the lender must submit documentation to the Agency at final submission.
Effective: | September 29, 2023 |
Industry: | Mortgage Lending, Mortgage Servicing |
Source: | VA VA Circular 26-23-17 → |
Tags: | Income, Credit Reporting, Fees, Loss Mitigation, Servicing, Underwriting, Flood |
1. Purpose. The Department of Veterans Affairs (VA) is publishing this circular to provide clarity regarding the impact of a Federal Government shutdown on new and existing VA guaranteed home loans.
2. Employment Directly or Indirectly Affected by the Shutdown. Federal employees, whether furloughed or otherwise not receiving pay, and others reliant on income from government employee spending or government-related contracts may be adversely affected by a federal government shutdown. VA will not deem loans ineligible for guaranty based solely on a shutdown.
a. If, after loan closing, a borrower is furloughed or otherwise adversely impacted by a federal government shutdown, the loan remains eligible for guaranty, provided the lender obtained all required income verification documentation (paystubs, W-2s, verbal VOEs, etc.) prior to loan closing, and the loan is current at the time of guaranty.
b. For income analysis purposes, VA guidelines generally require income to be verified for two years1 to be considered stable and reliable. If the applicant were subject to furlough due to a government shutdown, that period should not be considered a break in employment provided they return to work in the same status, and the applicant provides their furlough letter for verification purposes.
3. IRS Form 4506-T: VA understands that lenders may be unable to obtain IRS Form 4506-T or tax transcripts during a shutdown, however, this should not present a sole barrier to originating a purchase or refinance loan as VA does not specifically require this form under standard or alternative income verification guidelines. This applies to both W-2 wage earners and self-employed borrowers. VA Lenders Handbook Chapter 4 Topic 8, Automated Underwriting Cases (AUS), lists IRS Form 4506-T as a condition that may be present on an AUS feedback certificate and notes that it may often be required by lenders during a manual underwrite. It is important to note that even if this condition exists, it would be considered an investor or lender overlay exceeding the guidelines established by VA. Lenders should follow VA guidelines for income verification.
4. Flood Insurance Requirement: Lenders are responsible for ensuring that flood insurance if required, is obtained and maintained on any dwelling that is secured by a VA-guaranteed home loan. VA recognizes that the Federal Emergency Management Administration (FEMA) and other federal entities may be unavailable for routine certifications or correspondence due to a Federal Government shutdown. In such cases, we remind lenders that non-federal flood insurance policies are acceptable provided coverage is sufficient per current VA policy.
See VA Lenders’ Handbook, Chapter 9, Topic 10, for additional information.
5. Forbearance Requests: VA encourages holders of guaranteed loans to extend forbearance to borrowers in distress as a result of a Federal Government shutdown. Careful counseling with borrowers should help determine whether their difficulties are directly or indirectly related to the shutdown, or whether they stem from other financial difficulties that must be otherwise 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 allows the reapplication of prepayments to cure or prevent a default. Also, 38 CFR 36.4315 allows the terms of any guaranteed loan to be modified without the prior approval of VA, provided conditions in the regulation are satisfied.
6. Late Charge Waivers: VA believes that many servicers plan to waive late charges on affected loans and encourages all servicers to adopt such a policy for any loans that may have been affected.
7. Credit and VA Reporting: In order to avoid damaging credit records of Veteran borrowers, servicers are encouraged to suspend credit bureau reporting on affected loans. VA will not penalize affected servicers for any late default reporting to VA as a result.
8. Questions. For questions or comments please contact VA at 1-877-827-3702, between the hours of 8:00 AM and 6:00 PM Eastern time.
9. Rescission: This Circular is valid until rescinded.