Institutions supervised by the Consumer Financial Protection Bureau (CFPB) can assist consumers in disaster areas by:
Click here for more information on the CFPB’s Statement on Supervisory Practices Regarding Financial Institutions and Consumers Affected by Hurricanes Harvey and Irma.
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Listed below are excerpts from Rob Chrisman’s http://www.robchrisman.com/ daily blogs from August 22nd to September 7, 2017 regarding FEMA and lender disaster notices for your quick reference. Great advice for lenders, servicers and borrowers for dealing with disaster/flood related issues from Hurricane Harvey.
With the natural disasters already plaguing regions across the United States, the FEMA website lists all declared incidents with a link to provide details specific to that area, including leaking chemical plants.
Most investors and lenders rely on FEMA to define a disaster and the area impacted. Of course, any monies about to be lent, and recently lent, in a disaster area are questionable from an investor’s perspective. Is the borrower safe, will they make their payments, is the collateral sound? Typically a correspondent investor, such as Chase, will have verbiage in their contract referring the seller to it in the event an area is declared an investor and requiring additional appraisals.
Partners can access Sun West Seller Guide under HELP section in Sunsoft (login required). Please refer to Sun West Forward Mortgage Seller Guide (Section 404.07) and Sun West Reverse Mortgage Seller Guide (Section 3.23) for more details.
Plaza Home Mortgage is reminding its clients to follows its Natural Disaster Policy, GD-PO-008 (login required) for properties located in these areas.
Pacific Union is monitoring the impact of severe storms and disaster declarations across several states as published by FEMA. Currently, loans secured by properties located in impacted areas are subject to standard Pacific Union protocol. Standard requirements for disaster areas apply for these properties as they relate to expectations from appraisers for existing pipeline and new applications. For loans secured by properties in affected areas, the appraiser must comment on the disaster and if there is an impact to the property and value. In addition, all types of issued insurance policies (hazard, flood, windstorm, etc.) must have binding authority on the subject property. Upon delivery of a loan to Pacific Union Financial, the Correspondent must ensure that re-inspections have been completed and delivered to Pacific Union Financial for all impacted properties in accordance with Pacific Union’s Disaster Area Policy.
“The Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and state bank regulators recognize the serious impact of Hurricane Harvey on the customers and operations of many financial institutions and will provide regulatory assistance to affected institutions subject to their supervision. The agencies encourage institutions in the affected areas to meet the financial services needs of their communities.
“Bankers should work constructively with borrowers in communities affected by Hurricane Harvey. The agencies realize that the effects of natural disasters on local businesses and individuals are often transitory, and prudent efforts to adjust or alter terms on existing loans in affected areas should not be subject to examiner criticism. In supervising institutions affected by the hurricane, the agencies will consider the unusual circumstances they face. The agencies recognize that efforts to work with borrowers in communities under stress can be consistent with safe-and-sound banking practices as well as in the public interest.
Community Reinvestment Act (CRA): Financial institutions may receive CRA consideration for community development loans, investments, or services that revitalize or stabilize federally designated disaster areas in their assessment areas or in the states or regions that include their assessment areas. For additional information, institutions should review the Interagency Questions and Answers Regarding Community Reinvestment here.
Freddie Mac’s disaster relief options will be available to borrowers with homes in presidentially-declared Major Disaster Areas where federal Individual Assistance programs are made available to affected individuals and households. Until then, servicers may leverage Freddie Mac’s forbearance programs to provide immediate mortgage relief to borrowers affected by the storm.
“We strongly encourage the many American families whose homes or businesses are being impacted by Hurricane Harvey to call their mortgage servicer if the Federal Emergency Management Agency’s declaration is announced,” said Yvette Gilmore, Freddie Mac’s Vice President of Single-Family Servicer Performance Management. “Relief — including forbearance on mortgage payments for up to one year — may be available if their mortgage is owned or guaranteed by Freddie Mac.”
Freddie Mac disaster relief policies authorize mortgage servicers to help affected borrowers in presidentially declared Major Disaster Areas where federal Individual Assistance programs have been extended. Freddie Mac mortgage relief options for affected borrowers in these areas include suspending foreclosures by providing forbearance for up to 12 months, waiving assessments of penalties or late fees against borrowers with disaster-damaged homes, and not reporting forbearance or delinquencies caused by the disaster to the nation’s credit bureaus.
Lenders are reminded that Fannie Mae has selling and servicing policies to assist impacted borrowers (or potential borrowers) following a disaster, such as the hurricane on the Gulf coast. Refer to Assistance in Disasters for information on where to find Fannie Mae’s policies for providing assistance to borrowers impacted by a disaster. View the press release.
Due to the potential impacts of Hurricane Harvey to the southern Texas coast, at this time, and until all affected areas have been identified by the Federal Emergency Management Agency (FEMA) and other sources, Pacific Union Financial, LLC will temporarily suspend the funding of loans secured by properties in impacted areas.
AmeriHome, with FEMA’s DR-4332, reminded clients that policies vary based on program and re-inspection requirements for transactions with and without appraisals. Sellers are reminded that they are responsible for determining potential impact to a property located in an area where a disaster is occurring or has occurred, irrespective of whether the property was included in an area covered by a disaster declaration. Sellers are also reminded that appraisal waivers and reduced appraisal types, such as Fannie Mae’s PIW and Freddie Mac’s ACE, are not eligible in areas impacted by disasters. See the respective Agency requirements for details.
AmeriHome reminded clients that for loans on properties involving transactions with appraisals for Fannie, Freddie, VA, and USDA, if the appraisal is dated on or before incident period end date, including on-going disasters where an incident end period date has not yet been declared then the re-inspection date must be prior to the declared incident period end date.
For non-agency, Core Jumbo, or FHA, if the appraisal is dated on or before incident period end date, the re-inspection date must be after declared Incident period end date. (In other words, re-inspection may not be completed until after the declared incident period end date).
For properties without an appraisal, a property inspection is required if no incident period end date has been declared and Loan Purchase is on or after incident period start date, or the incident period end date has been declared and Loan Purchase is on or within 90 days after incident period end date. Re-inspection type can utilize any of the property inspection types in Seller Guide Section 10.10.7.1., AND include an interior inspection with photos.
Sellers must follow Wells Fargo standard Disaster Policy for all properties located in ZIP codes that Wells Fargo Funding has determined were impacted by Hurricane Harvey. Precautions must be taken for Loans originated within affected areas. Regardless of whether FEMA has formally declared a disaster, all transactions showing any indication of damage to the collateral should comply with the published Disaster Policy Guidelines as outlined for customers here (login required).
Customers of Chase can visit the Correspondent Site for more information on appraisal requirements, and re-inspection requirements.
And, the same with SunTrust – it is spelled out in SunTrust’s seller guide.
NewLeaf Wholesale reminded its brokers that If the subject property is located in an impacted area, with a completed appraisal dated prior to the incident start date, a 1004D re-inspection completed by the Appraiser must certify that the property is free from the applicable natural disaster damage. For appraisals in an impacted area dated during the incident period, the Appraiser must: Comment on the condition of the property and any effects on the marketability AND add detailed language into the body of the appraisal confirming that the property is free from the applicable natural disaster damage OR provide a 1004D re-inspection to certify that the property is free from the applicable natural disaster damage. For appraisals in an impacted area dated after the incident end date, the Appraiser must: Comment on the condition of the property and any effects on the marketability AND add detailed language confirming that the property is free from the applicable natural disasters damage into the body of the appraisal.
As of August 30th, Flagstar Bank is suspending funding in Texas counties: Aransas, Bee, Brazoria, Calhoun, Chambers, Fort Bend, Galveston, Goliad, Harris, Jackson, Kleberg, Liberty, Matagorda, Nueces, Refugio, San Patricio, Victoria and Wharton. Louisiana parishes include: Beauregard, Calcasieu, Cameron, Jefferson Davis, Orleans and Vermillion. Once funding has resumed, a re-inspection will be required in the counties identified. Loans that have already been issued a Final Approval Clear to Close status will be placed in an Approved with Conditions status until a re-inspection is performed. Please note that appraisal re-inspections are not required to be completed by the original appraiser; however, a Flagstar Bank eligible appraiser must be utilized. For loans that have an appraisal that was ordered via Loantrac, an appraisal re-inspection may be requested via the Appraisal Management module by selecting “Yes” to the “Do you need a property/Disaster Inspection” question.
M&T Bank will enforce the Disaster Re-Inspection Policy for all properties located in the affected counties of Aransas, Bee, Brazoria, Calhoun, Chambers, Fort Bend, Galveston, Goliad, Harris, Jackson, Kleberg, Liberty, Matagorda, Nueces, Refugio, San Patricio, Victoria, and Wharton.
Appraisals Completed prior to 8-28-2017 (Refer to Ex #03-600: Disaster Affected Areas, for expiration). For loans secured by properties, in the designated disaster areas, and appraised prior to the Federal Government / State Government declaration, please refer to the matrix for required Re-inspection guidance.
First Community Mortgage disaster policy and procedure can be viewed in its product full guidelines. View a copy of the FEMA declared disaster counties.
Wells Fargo Funding Sellers must follow its standard Disaster Policy for all properties located in counties identified by FEMA as being impacted. Precautions must be taken for Loans originated within affected areas. Regardless of whether FEMA has formally declared a disaster, all transactions showing any indication of damage to the collateral should comply with the published Disaster Policy Guidelines as outlined in Seller Guide Section 820.19: Disaster Policy and 820.20: When Required both found in our Conforming Underwriting Guidelines. (Government Loans must follow FHA/VA guidance.) Reminder: When the appraisal is completed on or after the disaster incident period end date, a full appraisal with exterior and interior inspection is required. This includes Loans where a PIW or equivalent was requested by the Automated Underwriting System (AUS).
PennyMac has posted Disaster Policy Implementation: Texas Hurricane Harvey. In response, FEMA has declared 18 counties in Texas as eligible for Individual Assistance. PennyMac’s Disaster Policy requires a post-disaster inspection on all properties located in counties eligible for Individual Assistance. Due to the continued impact of Hurricane Harvey, FEMA has not declared an incident end date and PennyMac will not be accepting post-disaster inspections and additional counties may be added. PennyMac has also paused funding in the additional counties where the Texas Governor declared a State of Emergency due to the ongoing rain and flooding and potential for additional damage. PennyMac will continue to monitor counties not yet declared for Individual Assistance for reinstatement.
AmeriHome is implementing re-inspection requirements for four additional Texas counties that were included in an amended State of Disaster declaration made 8/28/2017 by Texas governor Abbott. Those counties are Angelina, Orange, Sabine and Trinity. AmeriHome is also re-inspection requirements for FEMA declared Texas DR-4332 and Louisiana EM-3382.
“As we work together to support borrowers affected by Hurricane Harvey, lenders are reminded that Fannie Mae has selling and servicing policies to assist borrowers (or potential borrowers) affected by disaster. Refer to the Assistance in Disasters page for information about its policies for providing assistance to borrowers impacted by a disaster. Fannie will provide additional policy guidance in a separate lender communication.
In light of the devastation caused by Hurricane Harvey, if you have mortgages secured by properties in the affected areas that are in the delivery pipeline, you should remove these mortgages from a Guarantor pool or Cash commitment.”
Additionally, you should review Freddie Mac requirements related to properties affected by disasters to prepare to address impacted mortgages you originated and planned to sell to Freddie. “While it’s premature to determine the full impact of Hurricane Harvey, review the applicable sections of the Single Family Seller/Servicer Guide and your procedures for inspecting and updating a property’s value, condition and marketability when a major disaster or emergency occurs. Guide Section 5601.2 (c) – Requirements for properties affected by disasters, Guide Section 5601.2 (b) – Requirements for incomplete property improvement, Guide Section 4201.13 – Circumstances that adversely affect the value of the property.
We rely on you to determine the number of mortgages secured by impacted properties and the extent of damage to each property that may affect its acceptability as security for the mortgage.
As we continue to closely monitor the situation, we are grateful to our Seller/Servicers who are responding to requests for assistance from borrowers who are facing unexpected hardships because of the hurricane.”
As always, clients should read the full bulletins from lenders and investors.
Fannie Mae reminds clients that “Following a disaster, we rely on our customers to implement our disaster relief policies and assist impacted homeowners. We require servicers to assess property damage and the needs of homeowners in order to provide appropriate relief. In addition, our Account Teams work closely with our customers to determine physical and operational impacts to their business operations and their ability to service mortgages owned or guaranteed by Fannie Mae.”
“Citibank Correspondent Lending is ready to help residents regain pre-storm business functionality. Among other assistance, Citibank will work with you on a case by case basis regarding loan file delivery and lock expiration dates, consider rate lock extensions based on your business needs due to storm damage1and consider fee waivers on issues arising due to the impact of the storm.
“As a reminder, Lenders represent and warrant that the properties securing all loans submitted to Citibank for purchase consideration have not been negatively impacted by any natural or man-made disaster as of the date Citibank purchases the loan. The Lender also represents and warrants that the borrower’s credit qualifications for the underlying loan have not been negatively impacted by any natural or man-made disaster as of the date Citibank purchases the loan.
“Lenders must have a process in place for identifying disaster areas and potential impact to properties that are the subject of loans proposed for sale to Citibank. If the Lender’s disaster policy includes a requirement for re-inspection of the property, the re-inspection should be included in the closed loan file submitted for purchase (i.e. appraisal ordered prior to the storm with closing after the event).”
Citi’s note finished with, “For loans originated after the storm, it is important to note that section 501 of the Correspondent Manual. Lenders are responsible for ensuring that the borrower’s credit qualifications for the underlying loan have not diminished because of the storm. Property or Lender’s place of business must be located in a FEMA disaster area.”
Because of the Presidential Declaration of a Major Disaster Area (PDMDA) in designated counties in the State of Texas due to damage caused by Hurricane Harvey, FHA is issuing this reminder to mortgagees originating and/or servicing mortgages in the affected PDMDAs: FHA-insured mortgages secured by properties in a PDMDA are subject to a 90-Day moratorium on foreclosures following the disaster. HUD provides mortgagees an automatic 90-Day extension from the date of the moratorium expiration date to commence or recommence foreclosure action or evaluate the borrower under HUD’s Loss Mitigation Program.
Mortgagees should review complete servicing guidance in the Single-Family Housing Policy Handbook (SF Handbook) 4000.1, Sections III.A.2 and III.A.3.c relating to the servicing of mortgages in PDMDAs.
In preparation for assisting homeowners with longer-term recovery efforts, mortgagees should also review: FHA’s 203(h) Mortgage Insurance for Disaster Victims requirements in Section II.A.8.b of the SF Handbook. The 203(h) program allows FHA to insure mortgages for victims of a major disaster who have lost their homes and are in the process of rebuilding or buying another home. FHA’s 203(k) Rehabilitation Mortgage Insurance Program requirements in Section II.A.8.a of the SF Handbook. The 203(k) program provides mortgage financing or refinancing which includes the cost of home repairs – both structural and non-structural – into the loan amount. Mortgagees can find more information about the policies referenced above and other FHA PDMDA policies on the FHA Resource Center’s Online Knowledge Base.
Mortgage Solutions guidelines have been updated to address any property area located in a FEMA declared disaster area requiring individual assistance or as determined by MSF. Search for a specific property provided by Disaster Assistance.gov.
Conventional, VA and USDA: Properties with an appraisal effective date prior to the date of the disaster, appraiser to provide a 2075 drive-by, 1004D update/completion report, or Disaster Inspection Report, or Disaster Area inspection prepared by a certified appraiser to verify home is not affected Specific requirements must be met within the inspection.
Specific to Conventional properties, disaster inspections are not required for DU Refi Plus and LP Open Access transactions. Property Inspection Waiver (PIW) is not eligible in disaster-impacted areas. If a FEMA disaster is declared after the loan has closed with a PUW, one of the above-listed exterior inspection documents is required.
FHA Properties with an appraisal effective date prior to the date of the disaster, appraiser to provide a 1004D update report, prepared by a certified FHA Roster Appraiser to verify home is not affected. Disaster inspections are not required on new FHA transactions endorsed by FHA prior to the disaster date. Disaster inspections are not required for FHA Streamline without Appraisal transactions.
NewLeaf sent out, “All subject properties in the areas impacted by the disaster require evidence that the subject sustained no damage from the identified disaster for NewLeaf transactions. As the effects of Hurricane Harvey are continuing, please note impacted areas are subject to change without notice.
If the subject property is in an impacted area listed on the NewLeaf incident table with a completed appraisal dated prior to the incident start date, a 1004D re-inspection completed by the Appraiser must certify that the property is free from the applicable natural disaster damage. For appraisals in an impacted area dated during the incident period, the Appraiser must: Comment on the condition of the property and any effects on the marketability AND add detailed language into the body of the appraisal confirming that the property is free from the applicable natural disaster damage OR provide a 1004D re-inspection to certify that the property is free from the applicable natural disaster damage.
Prior to closing and funding, ResMac, Inc. will require a property inspection for any loan secured by a property in the FEMA declared Texas DR-4332. If the subject property is in one of the impacted counties and the appraisal was completed prior to the incident period end date, ResMac will require a post disaster inspection confirming the property was not adversely affected by the disaster. The inspection report must be dated no earlier than the date of disaster conclusion as determined by FEMA and/or the State of Texas. Clients may utilize any of the following re-inspection options to satisfy the post disaster inspection requirement, with a photograph of the subject property: Property Inspection Report (Fannie Mae Form 2075/ Freddie Mac Form 2070), or Appraisal Update and/or Completion Report (Fannie Mae Form 1004D/Freddie Mac Form 442), or Uniform Residential Appraisal Report (Fannie Mae Form 1004/Freddie Mac Form 70), Exterior Only Appraisal Report (Freddie Mac Form 2055), Individual Condominium or PUD Unit Appraisal Report (Fannie Mae Form 1073/Freddie Mac Form 465), Disaster Inspection Certification from a Licensed Certified Inspector.
Flagstar will apply a 15 day, no cost extension to loans in the counties/parishes impacted by Hurricane Harvey that meet the following criteria: Must have a lock expiration date that falls between Friday, August 25, 2017 and Friday, September 15, 2017. Loan must be in underwriting and is not funded or in a closing package received status (i.e. approved with conditions, conditions received, and final approval). Flagstar will reduce funding extension fees to 1 basis point per day on delivered loans provided that all conditions are cleared except for the appraisal re-inspection.
AXIS AMC has been through several disasters across the country, and has been here to help guide and navigate our industry partners through each of them. Axis expects to see a multitude of Disaster Certifications needed on properties in those markets that have been affected although lending partners and other clients may have different reporting requirements and needs. If possible, send Axis any policy or requirements that you feel are specific to you and Axis will try to accommodate.
CoreLogic estimates that about 70% of the flood damage in Houston was uninsured. Lenders are worried about everything from lost closing packages to forced-placed insurance policies. The ABA estimates about 1,000 bank branches were impacted by the unprecedented rainfall and flooding of Hurricane Harvey. Hurricane Harvey comes at a time when the National Flood Insurance Program owes $24.6 billion to the Treasury already. This will put pressure on a program that is expiring this month. The impact of Harvey following Katrina means bankers should prepare for extreme regulatory scrutiny around all things flood-related at upcoming exams.
With the odds increasing that Irma will impact U.S. holdings, including Florida, the Federal Emergency Management Agency (FEMA) is busy indeed. Those impacted should register with FEMA online, in person at a disaster recovery center or by calling 1-800-621-3362. They should also have their homeowner’s insurance company contact info, plus flood or earthquake insurance company, if either applies, and their mortgage servicer.
What if a borrower can’t pay their mortgage? If the disaster makes it impossible to make monthly house payments, borrowers should ask their servicer for mortgage forbearance. A forbearance allows one to stop making payments for an agreed-upon time. In a forbearance agreement, one might make partial payments or stop making payments for a specific time. Generally, a forbearance lasts up to six months and can be extended up to another six months. Interest still accrues during the time the debtor isn’t making full monthly payments. But under a forbearance agreement, the lender won’t charge late fees or report them to credit bureaus.
Of course, the lender/servicer will want the mortgagor to catch up on missed payments after the forbearance period is over. That might involve paying extra every month for a few years, modifying the loan, or reaching some other negotiated agreement. Freddie Mac spread the word that if applicable, a mortgage loan is in forbearance for 24 months, Freddie will repurchase the loan from its mortgage participation certificates.
Some borrowers talk with a Department of Housing and Urban Development-approved housing counselor before agreeing to forbearance. HUD: 1-800-569-4287.
There is also aid available. Direct federal aid consists mostly of loans from the Small Business Administration which oversees delivering disaster-related loans to individuals and families. The SBA extends loans at favorable interest rates to replace or repair primary residences. Someone can borrow up to $200,000 to cover renovation or construction costs, and regardless of whether someone is a renter or a homeowner, the SBA will lend you up to $40,000 to replace personal property such as clothing, furniture, appliances and vehicles.
FEMA offers grants to fill in gaps between insurance payouts and SBA loans. The maximum grant is $33,300 per household for disasters that happen in the fiscal year that ends Sept. 30, 2017. Grants can be used for expenses such as basic home repairs that aren’t covered by insurance, temporary rent and disaster-caused medical and child care. For more information, read the section called “What Does Individual Assistance Cover?”
The Federal Housing Administration has a program that’s designed to help disaster survivors rebuild or buy replacement homes. Under the Section 203(h) program, the FHA insures mortgages for people whose homes were destroyed or damaged in disasters. Borrowers don’t have to make a down payment.
Even when a house is destroyed the mortgagor should continue paying on the note until they have talked with the servicer and have reached a settlement with the insurance company. After all, the borrower promised to repay the loan when they signed the mortgage documents at closing. The borrower is liable for the loan debt, and making their payment is part of the borrower’s contractual obligation.
Servicers are contacting borrowers. In response to Hurricane Harvey, Freddie Mac is allowing servicers to “verbally grant” 90-day forbearances, and Fannie Mae is letting servicers grant 90-day forbearances “even if they cannot contact the impacted homeowner immediately.”
AFR Wholesale is conducting a webinar for brokers to provide answers and solutions to guide their customers with the best options to help them rebuild in the wake of natural disasters, like Hurricane Harvey. The webinar will focus on products, like the 203(h) mortgage insurance program that helps victims in Presidentially designated disaster areas recover by making it easier for them to re-establish themselves as homeowners. Scheduled for this Friday, September 8th from 2-3PM EST, those interested in this timely webinar on disaster relief resources can register here.
Wells Fargo is taking steps to assist borrowers in the Hurricane Harvey affected areas. If you’re aware of a Wells Fargo Home Lending borrower in need, share the following information: Wells Fargo Home Lending customers can contact us at 1-888-818-9147, Monday through Friday from 6:00 a.m. to 10:00 p.m. CT, and Saturday from 8 a.m. to 2PM CT. All Wells Fargo customers can reach us at 1-800-TO-WELLS if they need assistance or have questions. Our mobile response unit will be deployed to the affected area once the situation is stabilized. Wells Fargo customers will be able to receive in-person assistance with their mortgage, home equity or auto loans. Wells Fargo is waiving ATM fees for customers in the affected areas, as well as reversing other fees – such as late fees – for all our consumer products, including credit cards and checking accounts.
On 9/1/2017, with Amendment #3 to DR-4332, FEMA announced federal disaster aid with individual assistance for 3 additional Texas counties.
The Texas Appraiser Licensing and Certification Board (TALCB) has announced that any appraiser license that expires in the month of August will be extended 30 days due to delays caused by Hurricane Harvey. In addition, open applications for licenses that expire between August 21, 2017 and September 30, 2017 will be extended by 30 days. If a Pacific Union Financial loan file includes a Texas appraisal license with an expired license that is within the dates detailed above, include a screenshot of the TALCB announcement with the appraiser’s license in the loan file.
Loans secured by properties located in impacted areas are subject to suspension of funding or proceeding with caution according to standard Pacific Union protocol. Standard requirements for disaster areas apply for the funding of properties as they relate to expectations from appraisers for existing pipeline and new applications. For loans secured by properties in affected areas, the appraiser must comment on the disaster and whether there is an impact to the property and value. In addition, all types of issued insurance policies (hazard, flood, windstorm, etc.) must have binding authority on the subject property. Its Disaster Area Policy, Pacific Union reserves the right to impose restrictions and/or suspend funding, without notice, in additional areas subject to any adverse event that may impact the safety/habitability/value of impacted properties.
Mortgage Solutions Financial has posted revised information on affected areas due to Hurricane Harvey. Lenders are reminded its disaster policy must be followed.
PennyMac posted updates to Texas Hurricane Harvey requirements.
FAMC is requiring disaster re-inspections that are dated after the incident end date on properties affected by Hurricane Harvey. Due to unprecedented levels of rainfall and the ongoing flooding caused by this event, the extent of all impacted areas is currently unknown. Once the incident end date is established by FEMA, it will be published on the Disaster County Detail Worksheet located on the FAMC website.
M&T Bank will enforce the Disaster Re-Inspection Policy for all properties located in the affected counties. For loans secured by properties, in the designated disaster areas, and appraised prior to the Federal Government / State Government declaration, refer to the M&T Bank matrix for procedures.
Before going on, readers should a commentary piece yesterday was written by NerdWallet’s Holden Lewis. The article for those impacted by disasters is titled, “What to do after a disaster hits your home, mortgage,” was published on Sept. 1 and can be found on this page. Credit is due where credit is due, and in this case to Mr. Lewis – my apologies.
Of particular interest to lenders looking to pick up a point or two is the Community Reinvestment Act (CRA) information. “Financial institutions may receive CRA consideration for community development loans, investments, or services that revitalize or stabilize federally designated disaster areas in their assessment areas or in the states or regions that include their assessment areas. For additional information, institutions should review the Interagency Questions and Answers Regarding Community Reinvestment here.”
Freddie Mac confirmed that its disaster relief options, like Harvey, will be available to homeowners in impacted areas. “Freddie Mac’s disaster relief options will be available to borrowers with homes in presidentially-declared Major Disaster Areas where federal Individual Assistance programs are made available to affected individuals and households…Freddie Mac mortgage relief options for affected borrowers in these areas include: Suspending foreclosures by providing forbearance for up to 12 months; Waiving assessments of penalties or late fees against borrowers with disaster-damaged homes; and not reporting forbearance or delinquencies caused by the disaster to the nation’s credit bureaus.”
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The Consumer Financial Protection Bureau (CFPB) took action last week against a major mortgage lender, Prospect Mortgage, LLC, for paying illegal kickbacks for mortgage referrals. In addition, two real estate brokers and a mortgage servicer were held responsible for taking the illegal kickbacks.
Under the terms of the action announced by the CFPB, “Prospect will pay a $3.5 million civil penalty for its illegal conduct, and the real estate brokers and servicer will pay a combined $495,000 in consumer relief, repayment of ill-gotten gains, and penalties.”
According to reports on this and to my knowledge, this is the first legal action against a real estate broker by the CFPB. In a press release issued by the CFPB on Tuesday, January 31st CFPB Director Richard Cordray states, “Today’s action sends a clear message that it is illegal to make or accept payments for mortgage referrals. We will hold both sides of these improper arrangements accountable for breaking the law, which skews the real estate market to the disadvantage of consumers and honest businesses.”
REALTOR Magazine reports, “The action involves marketing service agreements, an area of RESPA enforcement that the National Association of REALTORS® says generates confusion among real estate companies and others in the industry. The association says its analysts on staff will closely examine the facts of these cases and build on existing guidance for real estate professionals for how to best comply with RESPA.”
For more information on RESPA, visit the National Association of REALTORS’ RESPA resource page.
As more information unfolds, I will keep you updated. To receive Tandy on Real Estate news updates direct to your inbox, please subscribe.