An industry group lowered their forecast for 2009 home loan originations by more than 25% as higher FHA mortgage rates stifle mortgage refinancing activity.  The Mortgage Bankers Association estimates that lenders will make $2.03 trillion in new home loans this year, down by more than $700 billion from its forecast in March.  The Washington-based group attributed $84 billion to reduce mortgage lending on home purchases.  The rest of the decline would be from fewer FHA refinance loans and “very low” volumes on an affordability loan program overseen by mortgage agencies FHA, Fannie Mae and Freddie Mac, MBA said in a statement.

FHA mortgage rates have risen from record lows since the MBA’s prior forecast as have Treasury yields, which spiked amid a flood of debt issuance needed to fund federal rescue programs.

In March, the MBA boosted its forecast of mortgage originations by more than $800 billion but reversed most of that expected increase with Monday’s revision.  Average 30-year loan rates have slipped from recent peaks but at 5.38 % last week remain well above the record low 4.78 % set in April, Freddie Mac reported on Thursday.  The higher mortgage rates have quelled home refinancing demand.  The MBA’s index of mortgage refinancing applications in the week ended June 5 sank to 2,605.7 after hovering between about 5,100 and 6,800 from the March 20 week through the end of April.

Estimates of home loans moving through the Home Affordable Refinance Program, using Fannie and Freddie, have also fallen short.  According to Jay Brinkmann, MBA’s chief economist, “While generally accepted estimates were that around 1.5 to 2 million borrowers might avail themselves of this FHA loan program, with many more potentially eligible, to date only about 13,000 loans have been completed according to press reports.”

Though the FHA home loans created under this program should increase, volume is unlikely to come near forecasts, he said.  FHA home purchase loans are also expected to be less than expected in March. Falling prices mean lower loan sizes, and homes bought in foreclosure and by investors are often done for cash, the trade group said.

The MBA expects total existing home sales in 2009 to drop 1.2 % from last year to 4.8 million units. New home sales will slump about 27 % to 352,000 units, the group said.”Median home prices for new and existing homes will likely continue to fall, dropping by about 10 % from 2008 levels, but leveling off in 2010 as the economy improves,” Brinkmann said.

Expanded opportunities for Fannie Mae to Fannie Mae refinance loans through Refinance Plus (manual underwriting) and DU Refi Plus.  A new solution for borrowers with LTVs above 8% who currently may not be able to refinance because of existing MI coverage requirement.

Loan To Values’ up to 105% on the new loan and additional underwriting flexibilities.  See FHA loan Announcements 09-04 and 09-13, the FAQs document, and other mortgage resources provided via the links below for details on Fannie Mae’s refinance effort.

Flexible MI Requirements to Assist Borrowers with Home Price Declines:  Fannie Mae’s regulator, the Federal Housing Finance Agency (FHFA), has authorized us to provide refinancing opportunities for loans we currently hold or have guaranteed with current LTVs up to 105%, with specific flexibility regarding MI coverage for FHA loans with LTVs above 80 %.

The following general guidelines apply: For existing FHA loans with original LTV ratios at or below 80% and no existing MI coverage, the new refinanced loan does not require MI coverage.

For existing FHA home loans with original LTV ratios over 80% that currently have MI coverage in force, the new refinance requires the level of insurance coverage in force on the existing loan or our standard level of insurance coverage. The FHA mortgage lender is encouraged to use its best efforts to obtain MI coverage that provides the lowest cost option available to the borrower.

For existing mortgage loans with original LTV ratios over 80% that do not have MI currently in force due to prior cancellation or termination in accordance with the Selling Guide or the Servicing Guide, the new refinance does not require MI coverage.

See FHFA’s Statement on Fannie Mae and Freddie Mac Refinance Initiatives available at the link below for details on this new authority

Refinance Plus (Manual Underwriting)

Refi Plus simplifies the process of refinancing loans that are already in a lender’s servicing portfolio. This product supports the new 105 % maximum LTV and MI flexibilities for LTVs over 80 %.

DU Refinance Plus

DU Refinance Plus provides increased efficiencies for the origination and underwriting of Fannie Mae to Fannie Mae limited cash-out refinance transactions in DU. Eligible loans identified in DU receive increased underwriting flexibilities, including expanded eligibility criteria and DU minimum documentation requirements.

The DU Version 7.1 April Update release and May Update release will implement these underwriting flexibilities. Release Notes and FAQs for the May Update release (implementing the weekend of May 2, 2009) and updated Release Notes for the April Update release are now available. See the DU Release Notes page on eFannieMae.com for details (available at the link below).

FHA loans have significantly aided homeowners, new home buyers and lending professionals during the mortgage crisis.  FHA loans continue to provide affordable home financing and fixed rate refinancing with little equity and minimal down-payments required.

Nick Timiraos recently wrote an article outlining how U.S. housing officials are in the process of planning that would essentially allow some first time home buyers to purchase a house by paying little money upfront. With this FHA loan, 1^st time buyers could benefit from an $8,000 income tax credit towards their down payment on loans backed by the Federal Housing Administration. The idea is to enables new home buyers to “monetize” the tax credit. Right now, home buyers must wait until they file their taxes to receive the credit.

The FHA is finalizing a program that would allow approved FHA lenders, non-profits, and state and local governments to fund short-term loans that could be used as down payments to be repaid once the borrower received the tax credit. Once they received their tax credit, they would pay off the short-term loan and put equity into their home.  The FHA requires a minimum 3.5% down payment on loans backed by the agency, which means that buyers could put little or nothing down on homes up to $230,000. “It is close to having nothing down,” says Thomas Lawler, an independent housing economist.

The proposal, hailed by home builders and Realtors, is drawing some comparisons to the no money down programs that the FHA has worked to shut down. Congress ended a program last year that allowed home sellers to fund down payments to home buyers through nonprofit groups, and the FHA has blamed that program for an outsized share of loan defaults. Under that mortgage program, nonprofit groups would “gift” the 3% minimum down payment to a home buyer, often funded by the seller of the property. Buyers would move into the home without paying any of their own money for the down payment.  “We remain concerned that the lenient underwriting standards, low down-payment requirements and now the ability of FHA borrowers to purchase a home without putting any of their own equity into the purchase is creating a tremendous risk for the program and taxpayers in the future.”

Several states, including Pennsylvania and New Mexico, had already instituted similar programs. Housing Secretary Shaun Donovan outlined the plan Tuesday during a speech to the National Association of Realtors. “We think the policy is a real win for everyone,” he said.  Congress approved the tax credit in February’s stimulus bill, which provides up to $8,000 for first-time home buyers on a new or existing home. The tax credit expires December 1st.

FHA home loan programs have supported lenders and mortgage brokers nationwide for purchase, refinance and rehabilitation.  For several years there has been a big battle in Washington regarding the way in which new homes are financed. Basically, builders often give “incentives” if only you will use their lender. Their FHA lender, of course, is unlikely to be the world’s cheapest source of financing, thus you may get upfront benefits but may also pay extra over time. 

The Department of Housing and Urban Development has tried to stop the practice with a new rule banned the “required use” of the builder’s mortgage lender, was promptly sued by the home building industry and has now withdrawn its proposal altogether, meaning that new home buyers will continue to have the opportunity to pay more than they should for real estate financing.  It may seem improbable, but the HUD notice in the Federal Register is fascinating reading. For instance, it says that: “It is HUD’s view that, especially given the attention focused on HUD’s concerns through this rulemaking, the prior definition of ‘‘required use’’ can be used to address some deceptive referral arrangements, even though it does not achieve the enhanced consumer protections that FHA sought with respect to mortgages involving affiliated business arrangements. HUD will continue to seek consumer protections, especially as mortgage products continue to change, often becoming more complex and challenging buyers’ understanding of the costs and nature of mortgage transactions. HUD is not abandoning its goal of providing greater protections to consumers in real estate settlement transactions, but remains open to different means of achieving this goal.”

According to the FHA Mortgage Guide, HUD says that it “reiterates its commitment to fair real estate settlement practices that are not misleading, prevent abuse, offer proper disclosures to homebuyers, and promote choice and competition. HUD’s intent in revising the definition of “required use” was to clarify its interpretation of RESPA’s loan disclosure requirements with respect to transactions involving affiliated businesses in order to promote more competition among settlement service providers. After further evaluation and consideration of the concerns voiced by consumers and industry participants from various fields about the application of the revised definition of “required use,” HUD has concluded that all would benefit by HUD withdrawing the revised definition and addressing “required use” through new rulemaking.”

The importance and value of FHA loans in the mortgage industry and real estate market should not be overlooked as HUD’s mortgages have helped finance America during some tough times. In 2006, FHA’s share of the purchase market had fallen to less than 4%.  Then the subprime mortgage crisis arose as borrowers began to default at great numbers.  The foreclosure crisis followed which caused the real estate market to crash nationwide. As a result, the financial crisis arose and that has our economy wondering when the housing market will bottom out.  With home prices declining and defaults rising, the subprime market largely disappeared; option ARMs declined to a trickle; and documentation requirements on prime conventional loans were substantially tightened. In addition, FHA home loan limits were raised materially in 2008, and again in 2009. In early 2009, FHA’s market share of new purchases was back to about 15 %, and its share of refinances was substantially higher.

The FHA Home Loan Benefits:

o    FHA mortgage loan limits: The FHA loan limits on FHAs effective until year-end 2009, established on a county basis, were the same as those applicable to Freddie Mac and Fannie Mae. On a single-family house, they ranged from $271,050 to $729,750 in 76 higher-price counties.

o    Down-payment requirements: In 2009, FHA’s 3.5% down payment compared with 5 % to 10 % on most conventional loan programs. Zero-down loans, which were widely available in the conventional sector during the dodgy years of 2000-2006, have largely evaporated. The only generally available zero-down loans are VA mortgages for military home financing.

o    Underwriting requirements: FHA accepts lower credit scores than are allowed with “A-paper” conventional mortgages and in most cases FHA loans are more forgiving of past credit blemishes like collections, charge-offs and delinquencies. FHA underwriting will allow a bankruptcy after only 2 years and a foreclosure after 3 years with strong compensating factors.

o    Mortgage insurance: FHA borrowers pay a monthly mortgage insurance premium of 0.5 % per year

Compare FHA mortgage rates and lender costs: Consumers are now in a great position to shop and compare FHA and conventional mortgages for refinance or home-buying.  We suggest analyzing 3 loan offers from different lenders or brokers.  Compare interest rates, loan amounts, origination fees, discount fees, processing fees, underwriting fees and the appraisal fees. Don’t forget that with FHA refinance loans all cash out transactions above 85% Loan to Value now require 2 appraisals from FHA licensed appraisers.  Don’t forget to factor in the upfront mortgage insurance premium, with FHA mortgage loans.

Mortgage buyer, Freddie Mac, announced that FHA rates dropped to 4.98% from 5.03 % a week earlier.  The interest rate drop was just short of the record low 4.96 % touched the week of January 15th. Bloomberg reported that the average U.S. rate on a thirty-year fixed mortgage fell this week as the Federal Reserve announced it would double purchases of mortgage debt as part of its effort to lower rates and lure homebuyers to the market.

The Federal Reserve announced yesterday that it plans to buy up to $300 billion of Treasuries and increase purchases of mortgage-backed bonds. Falling real estate and stock prices, record home-loan defaults and job losses have cut demand for new and existing homes in the U.S.  The nation’s jobless rate rose to 8.1 % in February as employers reduced payrolls by 651,000, according to the Labor Department.

Home loan delinquencies jumped to a seasonally adjusted 7.88 % of all loans in the fourth quarter, the highest in records going back to 1972, the Mortgage Bankers Association said March 5^th home loans in foreclosure rose to 3.30 %, also an all-time high.

The amazing expansion for FHA mortgage lending throughout 2008 was achieved mostly as a result from from the eroiding financial condition of the private mortgage insurance companies.  For the first time in over 20 years, are reporting that FHA loans have become a major force for home financing.

HUD’s FHA mortgages maintained a record 69% of new primary mortgage insurance written during the 4th quarter of 2008. That is the FHA loan product’s most significant share in the mortgage market in many years.

The Obama administration unveiled its $75 billion Homeowner Affordability and Stability Plan earlier this month. The home refinancing programs will enable some homeowners to refinance their mortgages into lower-cost, thirty-year or fifteen-year loans featuring fixed interest rates by making mortgage compnaies Fannie Mae and Freddie Mac refinance those mortgages that they have securitized on Wall Street.

The Federal Housing Administration plans to make it tougher for borrowers to refinance a loan and take out cash as the agency tries to “limit its exposure to undue risk,” according to a letter that went out to FHA lenders this week. The decision comes at a time when defaults are rising in HUD’s flagship, FHA home loan insurance program, especially among borrowers who failed to make more than a single payment. The Washington Post reported recently that the quick loan defaults almost tripled in 2008 alone and more than quadrupled among FHA home refinancing.

FHA refinance loans now make up two-fifths of all the agency’s instant defaults, according to the Post analysis, and some lenders have singled out cash out refinance loans as especially risky. With conventional loans, many lenders now offer cash out mortgage only to borrowers with high credit scores and significant equity in their homes. The fear is that borrowers might otherwise take the cash and walk away from the mortgage.

Until now, the FHA has approved cash out refinancing for homeowners who have at least 5% equity in their properties and at least a one-year track record of on-time payments.  Starting with mortgage applications that FHA lenders receive April first, this type of mortgage refinancing will be restricted to borrowers with at least 15% equity in their homes.

The change will be temporary “while FHA further analyzes the housing and mortgage industry as well as its own portfolio to determine whether permanent measures should be taken,” said the letter, signed by departing FHA Commissioner Brian D. Montgomery.  The FHA does not lend money directly. It provides mortgage insurance for borrowers working with HUD-approved FHA mortgage lenders and uses the premiums to cover its losses.  The quick defaults suggest that some borrowers are taking out loans they do not stand a chance of repaying, raising questions about whether the abusive lending practices that helped topple the subprime mortgage industry are making their way into government-backed FHA lending.

The agency has come under increased scrutiny in the past years because its share of the mortgage market has shot up from about 2% three years ago to nearly a third of the mortgages made after the subprime market vanished and its loans became the only option for many borrowers who lack a hefty down payment or stellar credit.

But even before the FHA loan policy change, many lenders had moved beyond what the agency requires and instituted tougher qualifying standards for borrowers, especially those looking for cash-out refinance deals. Bank of America, which adopted tighter standards in the summer, yesterday applauded the agency’s decision.  “Safeguarding the FHA through this economic cycle is paramount to maintaining the liquidity FHA offers for home buyers today,” said Allen Jones, a government lending executive at Bank of America.

The Helping Families Save Their Homes Act also contains a mixture of other housing and financial provisions, including a vain attempt to “fix” the failed FHA Hope for Homeowners program that Congress passed last summer. These include:  Liability waivers for mortgage servicers that modify home mortgages. Mortgage servicers receive payments from mortgages and forward them (after fees) to the owners of the mortgage loans.

As the main contact with homeowners, mortgage service companies should be able to refinance or modify mortgage loans in order to ensure that the owners get the best possible return, but many fear that unhappy banks that own the mortgage notes would sue them. The legislation provides these home loan servicing companies with a safe harbor so long as they act within certain specified boundaries.  Making $250,000 FDIC and NCUA deposit insurance levels permanent. Just last fall, Congress increased deposit insurance coverage by FDIC and NCUA to $250,000 until December 2009. This bill makes that change permanent and also increases the agencies’ borrowing authority to cover their losses.

In an effort to correct the Hope for Homeowners program, last summer, Congress created Hope for Homeowners, an FHA loan based program that it originally claimed would help up to 2 million homeowners. To date, according to the FHA, it has actually helped about 500 homeowners. The legislation makes a number of changes that will raise the cost of it by $2.3 billion but is unlikely to otherwise improve it. This would throw good money after bad.

Preventing predatory mortgage lenders from taking advantage of FHA home loan programs

Section 203 of H.R. 1106 makes it easier for FHA to stop predatory lenders from underwriting FHA-guaranteed home loans. This mortgage initiative is a needed reform.

John Taylor, President & CEO of the National Community Reinvestment Coalition, testified on the introduction of H.R. 703 and the need for a broader-scale loan modification program such as FHA Hope for Homeowners and Homeowners Emergency Loan Program (HELP Now).

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NCRC’s John Taylor Testifies on HR703 with Improvements for FHA’s Hope for Homeowners  

We need the federal government to exercise its authority to purchase troubled assets in an effort to fight off the foreclosure crisis and the need for enhanced consumer protection through comprehensive anti-predatory lending legislation.  HUD continues to enhance FHA loan programs to meet the needs of homeowners.