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Showing posts with label FHA Loan Correspondents. Show all posts
Showing posts with label FHA Loan Correspondents. Show all posts

Thursday, December 23, 2010

FHA: Extends Deadlines for DE Mortgagees & Loan Correspondents

By Jonathan Foxx

Jonathan Foxx, former Chief Compliance Officer of two publicly traded financial institutions, is the President and Managing Director of Lenders Compliance Group, the first full-service, mortgage risk management firm in the country.

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On December 20, 2010, FHA Commissioner David H. Stevens announced an extension of deadlines for obtaining unconditional Direct Endorsement Approval to July 1, 2011 and a temporary and narrow extension (with conditions) of FHA-Approval for Loan Correspondents to March 31, 2011.

The deadlines were given in Mortgagee Letter 2010-20 (June 11, 2010), and the Final Rule published in the Federal Register, which set forth the following revisions affecting DE Mortgagees and Loan Correspondents:

  • Increased Net Worth Requirements
  • Elimination of Loan Correspondent Approval for Single Family Programs
  • Principal-Authorized Agent Relationships
  • Areas Approved for Business

The waivers provide the following applicability:

For DE Mortgagees: The effective date for the Code of Federal Regulations Title 24, Section 202.3(a)(3) (as amended by the April 20, 2010 Final Rule) requires that an FHA-approved mortgagee have unconditional Direct Endorsement approval under Section 203.3 in order to serve as the principal in a Principal-Authorized Agent origination is waived until July 1, 2011.

For Loan Correspondents: A loan correspondent will maintain its FHA approval past December 31, 2010, but in no event past March 31, 2011, solely for purposes of closing mortgage loans in its name for which, as of December 31, 2010, either: (1) HUD has issued a firm commitment for insurance; or (2) a DE underwriter has approved the mortgagor for such mortgage. The FHA approval of the loan correspondent will expire on December 31, 2010, for all other purposes.

In my nationally published article, entitled FHA Issues Guidance for Lender Approvals (July 2010), I discussed the many changes that would be required by implementation of Mortgagee Letter 2010-20. (Article)

We have also issued numerous Compliance Alerts and Mortgage Compliance Updates regarding these changes, including:

  • FHA: Net Worth and Lender Approval Final Rules To Be Issued (4/7/2010)
  • FHA: Net Worth and Lender Approval Advance Issuance Final Rule (4/14/2010)
  • FHA: Net Worth and Lender Approval Final Rule Published in Federal Register (4/20/2010)

Please visit our Archive for relevant posts.

It is critical that all DE mortgagees set forth and clearly delineate policies, procedures, approval guidelines, operational plans, quality control requirements, and many other features of FHA and regulatory compliance with respect to properly implementing Mortgagee Letter 2010-20.

Our clients now have their policies and procedures in place to support the Final Rule.

ACTION! If your organization has not drafted policies and procedures to comply with Mortgagee Letter 2010-20, we urge you to do so immediately.

On December 22, 2010, I participated in a conference call with FHA Single Family Housing staff to discuss these extensions. I will have more to discuss in a future notification.

Please don't wait for the last minute to prepare for and implement the requirements of Mortgagee Letter 2010-20!

Best regards,
Jonathan

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Temporary Extension of Deadline for Obtaining
Unconditional Direct Endorsement Approval
Extended to July 1, 2011

FHA is extending the deadline for obtaining unconditional direct endorsement (DE) approval for those DE-eligible entities that wish to participate as a Principal in Principal-Authorized Agent originations.

  • A Principal-Authorized Agent origination is a type of FHA origination by two FHA-approved mortgagees, neither of which is a loan correspondent. The Principal-Authorized Agent relationship is used when the two FHA-approved lenders originate a loan together and both need access to the loan file in FHA Connection. In a Principal-Authorized Agent origination, the Principal must originate the loan, and the Authorized Agent must underwrite the loan.

NOTE: The Final Rule changed Principal-Authorized Agent relationship originations to require that both lenders (Principal and Authorized Agent) possess unconditional direct endorsement approval. This requirement was to take effect January 1, 2011.

Without this extension, these non-DE mortgagees will only be able to participate in the origination of single family loans on or after January 1, 2011 as sponsored originators until they have obtained unconditional DE approval.

All other changes to Principal-Authorized Agent requirements in the Final Rule will take effect January 1, 2011, as previously announced in Mortgagee Letter 2010-20.

FHA mortgagees that do not obtain unconditional direct endorsement approval by July 1, 2011, can no longer act as Principals. However, they may continue to pursue unconditional approval through the test case process and may participate in originations of FHA single family loans as sponsored Originators.

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Temporary and Narrow Extension
of FHA-Approval for Loan Correspondents
Extended to March 31, 2011 (with conditions)

The final rule provided that FHA-approved Loan Correspondents may close FHA-insured mortgages in their names until December 31, 2010. However, a significant number of Loan Correspondents have mortgage loans that have been assigned FHA case numbers but are unlikely to close by December 31, 2010.

Since FHA will no longer be approving Loan Correspondents after December 31, 2010, they will be statutorily prohibited from closing FHA-insured mortgage loans in their own names. If FHA did not extend that deadline, the inability of currently approved Loan Correspondents to close mortgage loans in their names will likely disrupt the loan processes of a significant number of lenders.

Because of this, FHA is granting a temporary extension of FHA-approval for currently approved Loan Correspondents with pipeline loans that meet certain criteria for the narrow purpose of allowing these loans to close in the Loan Correspondents' names.

This extension will extend FHA-approval of currently approved Loan Correspondents for the narrow purpose of permitting existing loans in their pipelines to close in their names.

This extension will only apply to loans in which a case number has been assigned and the loan has been approved by a DE underwriter as of December 31, 2010. The extension will expire March 31, 2011.

  • The extension only applies to loans for which, as of December 31, 2010:
  1. HUD has issued a firm commitment for insurance; or
  2. A DE underwriter has approved the borrower for such loan (i.e., the lender has received and accepted approval via TOTAL Scorecard or has manually underwritten the loan).
  • This approval includes the DE underwriter review and approval of the appraisal. Loans eligible for this waiver must close by March 31, 2011.
  • The FHA approval of all Loan Correspondents for all other purposes will expire on December 31, 2010.

All other pipeline loans that do not meet these criteria and have not closed prior to January 1, 2011, must close in the name of an approved FHA Lender/Sponsoring Lender.

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Visit Library for Issuance

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FHA: Waiver - Extension of Effective Date for the DE Mortgagee Approval Requirement for Principal Mortgagee in 24 CFR § 202.3 (a)(3)
December 20, 2010

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LENDERS COMPLIANCE GROUP is the first full-service, mortgage risk management firm in the country, specializing exclusively in mortgage compliance and offering a full suite of hands-on and automated services in residential mortgage banking.

Tuesday, December 21, 2010

FHA: Quality Control for TPOs

By Jonathan Foxx

Jonathan Foxx, former Chief Compliance Officer of two publicly traded financial institutions, is the President and Managing Director of Lenders Compliance Group, the first full-service, mortgage risk management firm in the country.

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Today, the Department of Housing and Urban Development (HUD) published a Comment Request, in a Notice entitled Quality Control Requirements for Direct Endorsement Lenders.

Mortgagee Letter 2010-20, issued on June 11, 2010, outlined some of the most important revisions that HUD-FHA has made to its single family loan origination program and contained the long-awaited guidance regarding the implementation of its Final Rule. That Final Rule adopted changes pertaining to the approval of lenders by the Federal Housing Administration (FHA). (Issuance)

In my article, entitled FHA Issues Guidance for Lender Approvals (July 2010, National Mortgage Professional Magazine), I discussed the many changes that would be required pursuant to Mortgagee Letter 2010-20. (Article)

Please visit our Archive for relevant posts.

As of January 1, 2011, mortgagees that were previously approved as Loan Correspondents will only be able to participate as Third Party Originators (TPOs) in FHA-insured mortgage transactions if the conditions outlined in 24 CFR 202.8 are met.

Per 24 CFR 202.8 (3), DE lenders which sponsor TPOs are responsible for the actions of third party originators or mortgagees in originating loans or mortgages, unless applicable law or regulation requires specific knowledge on the part of the party to be held responsible.

Consequently, DE lenders will be responsible for conducting quality control on TPO originations of FHA-insured mortgage loans, and ensuring that their QC plan is expanded to contain this oversight provision.

Comment Period Deadline: February 22, 2011
Contact Information in Federal Register.

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Overview

On and after January 1, 2011, Loan Correspondents (i.e., Third-Party Originators, so-called "TPO"s) will only be permitted to continue participation in FHA programs by establishing a sponsorship relationship with an FHA-approved Direct Endorsement mortgagee.

HUD will hold the DE mortgagee responsible for compliance with FHA requirements in all aspects of an FHA loan transaction, whether performed by the DE mortgagee or by its sponsored TPO (unless applicable law or regulation governing the violations in question require specific knowledge on the part of the party to be held responsible).

Quality control is a core feature of HUD's verification and validation procedures. It is a regulatory compliance requirement that must be implemented in accordance with specified guidelines.

It is, therefore, critical that a DE mortgagee set forth and clearly delineate policies, procedures, approval guidelines, quality control requirements, and many other features of FHA and regulatory compliance, with respect to their sponsored TPOs.

All our clients that have TPO relationships now have their policies and procedures in place to support these new FHA relationship requirements.

ACTION: If your organization has TPO relationships, but has not drafted policies and procedures to comply with Mortgagee Letter 2010-20, we urge you to do so immediately.

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Highlights

The Notice is soliciting comments from members of the public and affected agencies concerning the proposed collection of information to:

(1) Evaluate whether the proposed collection is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(2) Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information;

(3) Enhance the quality, utility, and clarity of the information to be collected; and

(4) Minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated collection techniques or other forms of information technology (i.e., permitting electronic submission of responses).

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Visit Library for Issuance

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FHA: Quality Control Requirements for Direct Endorsement Lenders; Notice of Proposed Information Collection: Comment Request
Federal Register: 75/244
December 21, 2010

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LENDERS COMPLIANCE GROUP is the first full-service, mortgage risk management firm in the country, specializing exclusively in mortgage compliance and offering a full suite of hands-on and automated services in residential mortgage banking.

Wednesday, September 22, 2010

FHA: Issues FHA Connection Update for Sponsored TPOs

In my article, entitled FHA Issues Guidance for Lender Approvals (July 2010, National Mortgage Professional Magazine), I discussed the many changes that would be required pursuant to Mortgagee Letter 2010-20.

This ML, issued on June 11, 2010, outlines some of the most important revisions that HUD-FHA has made to its single family loan origination program and contained the long-awaited guidance regarding the implementation of its Final Rule. That Final Rule adopted changes pertaining to the approval of mortgage lenders by the Federal Housing Administration (FHA) that are designed to strengthen FHA by improving its management of risk.

If your organization has not drafted and begun implementing policies and procedures to comply with Mortgage Letter 2010-20, I highly urge you to do so immediately.

After December 31, 2010, loan correspondents (i.e., Third-Party Originators, so-called "TPO"s) will only be permitted to continue participation in FHA programs by establishing a sponsorship relationship with an FHA-approved mortgagee. Indeed, loan correspondents will no longer have access to non-public FHA systems, beginning January 1, 2011 (i.e., FHA Connection). Only FHA-approved mortgagees will be permitted to order FHA case numbers from the FHA Connection. HUD will provide future guidance, with respect to the processing of case numbers ordered prior to the January 1, 2011.

Mortgagee Letter 2010-33 has been expected. It describes the system enhancements to FHA Connection, providing notice to mortgagees who are sponsors ("Sponsoring Mortgagees') of sponsored third party originators ("Sponsored Originators") of new FHA Connection data submission requirements as was announced in Mortgagee Letter 2010-20.

For transactions originated by an FHA-approved loan correspondent, mortgagees should follow the current process through December 31, 2010.

FHA Connection enhancements will be implemented on October 4, 2010, and sponsoring mortgagees must begin complying with the new data entry requirements on that date.

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Highlights

EFFECTIVE DATES

On or After October 4, 2010

  • All required sponsored origination data fields must be completed on assigned case numbers assigned.
  • Sponsoring mortgagees will no longer enter their 10 digit FHA ID in the FHA Connection as the loan originator for loans involving a sponsored originator, as previously advised in Mortgagee Letter 2010-20, as a temporary workaround pending this system enhancement release.
  • For mortgagees using B2G (FHA Connection Business to Government) that are unable to modify their systems to accommodate the transmission of the Employer Identification Number (EIN) by October 4, 2010, the FHA Connection Case Number Assignment screen must be used to order a case number for sponsored originator transactions.
  • The modified HUD/VA Addendum to the Uniform Residential Loan Application (92900-A) is required for all applications.

Until January 1, 2011

  • For loan originations not involving a sponsored originator, FHA mortgagees may use the prior version of the 92900-A (dated 5/2008) until January 1, 2011.

As of January 1, 2011

  • The FHA-approved loan correspondent program will no longer be available, and B2G mortgagees must comply with new systems requirements to support collection of sponsored originator data. Only FHA-approved entities will have direct access to FHA Connection.

SYSTEM AND SCREEN CHANGES

  • New Sponsored Originator Maintenance Screen Modified Case Number Assignment Screen
  • Modified Case Transfer Screen
  • Modified Insurance Application and HECM Insurance Application Screens
  • Modified Case Query Screen
  • Viewing Sponsored Originator Performance in Neighborhood Watch
  • FHA TOTAL Scorecard Changes

FORM CHANGE AND NEW SIGNATURE COMPLIANCE

HUD/VA Addendum to Uniform Residential Loan Application (92900-A)

  • Modified on page 3 to capture necessary information for sponsored originators, as follows:
    • Loan Origination Company - Entity's Legal Name of the originating mortgagee
    • Loan Origination Company Tax ID -- Employer Identification Number issued by the Internal Revenue Service (IRS)
    • NMLS ID of the Loan Origination Company - The unique identifier of the company, if licensed with NMLS
  • For those loans originated by a sponsored originator, the sponsoring mortgagee must enter its name and address in block 15 on pages 1 and 3. Directly below block 15 on page 3 are the new fields the mortgagee must enter for capturing the sponsored origination information described above.
  • The revised form 92900-A (dated 9/2010) must be used for all loan applications taken by a sponsored originator on or after October 4, 2010.
  • For loan originations not involving a sponsored originator, FHA mortgagees may use the prior version of the 92900-A (dated 5/2008) until January 1, 2011.

Uniform Residential Loan Application

  • On the Universal Residential Loan Application (URLA), the actual interviewer's name, signature and telephone number must appear on page 4, regardless of who employs the interviewer (e.g., a sponsored originator).
  • While common practice in the industry is for the interviewer to also sign page 1 of the 92900-A, if a sponsored originator is involved, it is now required that the sponsoring mortgagee must sign and date page 1 of the URLA.

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Visit Library for Issuance

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FHA Connection Enhancements to Support
Sponsored Third Party Originations (Sponsored Originations)

Mortgagee Letter 2010-33, September 21, 2010

LENDERS COMPLIANCE GROUP is the first full-service, mortgage risk management firm in the country, specializing exclusively in mortgage compliance and offering a full suite of hands-on and automated services in residential mortgage banking.

Sunday, July 25, 2010

FHA Issues Guidance for Lender Approvals

by Jonathan Foxx

Jonathan Foxx, former Chief Compliance Officer of two publicly traded financial institutions, is the President and Managing Director of Lenders Compliance Group, the first full-service, mortgage risk management firm in the country.

As published in the July 2010 Edition of National Mortgage Professional Magazine.

Download Article-1A

On June 11, 2010, the Department of Housing and Urban Development (HUD) issued Mortgagee Letter 2010-20,[1] which provided the long-awaited guidance regarding the implementation of its Final Rule.[2] The Final Rule adopted changes pertaining to the approval of mortgage lenders by the Federal Housing Administration (FHA) that are designed to strengthen FHA by improving its management of risk.

This Final Rule, among other things, has increased the net worth requirement for FHA-approved mortgagees and also provided for elimination of the FHA approval process for loan correspondents. Loan correspondents will no longer be approved participants in FHA programs, but they will continue to have the opportunity to participate in FHA programs as third-party originators (TPOs) through sponsorship by FHA-approved mortgagees, as is currently the case, or through application to be approved as an FHA-approved mortgagee.

In eliminating the FHA's approval of loan correspondents, FHA-approved mortgagees assume full responsibility to ensure that a sponsored loan correspondent adheres to the FHA's loan origination and processing requirements.

Increased Net Worth Requirements: Two Phases

HUD is phasing in the increased net worth mandates through 2013.

Phase One

The first stage of Phase One has already passed, since all new applicants for FHA approval, beginning on May 20, 2010, must now possess a net worth of at least $1,000,000. And the net worth must consist of at least 20 percent (20%) in liquid assets (i.e., cash or cash equivalent).

The second stage, which begins on May 20, 2011, is a little tricky, since a metric is introduced using a Small Business Administration statute in order to bifurcate lender approval criteria. On and after that date, a standard will be applied using the Table of Small Business Size Standards for a small business, as defined by the Small Business Administration at 13 CFR 121.201, Sector 52 (Finance and Insurance), Subsector 522 (Credit Intermediation and Related Activities).[3]

  • Effective May 20, 2011, lenders that exceed the size standards as provided in the above-cited statute must possess a net worth of at least $1,000,000, of which no less than 20 percent (20%) must be liquid assets (i.e., cash or cash equivalent).[4]
  • Effective May 20, 2011, lenders that meet the size standards as provided in the above-cited statute must possess a net worth of at least $500,000, of which no less than 20 percent (20%) must be liquid assets (i.e., cash or cash equivalent).

The most recent August 2008 Table of Small Business Size Standards, published through the Small Business Administration, indicates the following thresholds:

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A size standard is the largest that a concern can be and still qualify as a small business for Federal Government programs.[5] From the table above, it should be noted that SBA’s current requirements for classification as a small business, as set forth in this Subsector, are less than $7 million in annual receipts for non-depository institutions and less than $175 million in assets for depository institutions.[6]

Phase Two

Phase Two begins on May 20, 2013 and affects the category of participation in FHA programs. Identify the institution’s participation to determine the net worth thresholds:

  • Single Family Programs. Minimum net worth of not less than $1,000,000 plus an additional net worth of one percent (1%) of the total volume in excess of $25 million of FHA single family insured mortgages originated, underwritten, purchased, or serviced during the prior fiscal year, up to a maximum required net worth of $2.5 million. Not less than 20 percent (20%) of a mortgagee’s required net worth must be liquid assets (i.e., cash or cash equivalent).
  • Participation in Multifamily Programs with Engagement in Mortgage Servicing. Minimum net worth of not less than $1,000,000 plus an additional net worth of one percent of the total volume in excess of $25 million of FHA multifamily insured mortgages originated, underwritten, purchased, or serviced during the prior fiscal year, up to a maximum required net worth of $2.5 million. Not less than 20 percent of a mortgagee’s required net worth must be liquid assets (i.e., cash or cash equivalent).
  • Participation in Multifamily Programs without Engagement in Mortgage Servicing. Minimum net worth of not less than $1,000,000 plus an additional net worth of one half of one percent of the total volume in excess of $25 million of FHA multifamily insured mortgages originated, underwritten, or purchased during the prior fiscal year, up to a maximum required net worth of $2.5 million. Not less than 20 percent of a mortgagee’s required net worth must be liquid assets (i.e., cash or cash equivalent).
  • Participation in Single Family and Multifamily Programs. The higher net worth requirements for single family mortgagees.

Evidencing net worth is now requiring a higher due diligence review process, since all mortgagees (i.e., supervised, investing, and non-supervised), with the exception of government mortgagees, are required to submit audited financial statements as a condition of their approval or renewal.

Download Article-1A

Loan Correspondent Approval for Single Family Programs

Approvals

Effective May 20, 2010, FHA no longer accepts any new applications for loan correspondent approval. FHA will complete the processing of loan correspondent applications received prior to that date for those entities. If an application for loan correspondent approval was received by FHA on or after May 20, 2010, the application and fee will be returned to the applicant.

Loan correspondents approved and in good standing will be permitted to retain their approval through December 31, 2010. For loan correspondents with fiscal years ending on or after December 31, 2009, and that were required to renew their FHA approval prior to May 20, 2010, FHA will rely on the submission of the prior year’s audited financial statements for the renewal of loan correspondent approval.[7]

Therefore, loan correspondents whose fiscal years ended on or before December 31, 2009 had to submit the Yearly Verification Report, the applicable recertification fee, and audited financials. Loan correspondents whose fiscal year ends after December 31, 2009 are required to submit the Yearly Verification Report and the applicable recertification fee, but not audited financials.

After December 31, 2010, loan correspondents (i.e., Third-Party Originators, so-called “TPO”s) will only be permitted to continue participation in FHA programs by establishing a sponsorship relationship with an FHA-approved mortgagee. Indeed, loan correspondents will no longer have access to non-public FHA systems, beginning January 1, 2011 (i.e., FHA Connection). Only FHA-approved mortgagees will be permitted to order FHA case numbers from the FHA Connection. HUD will provide future guidance, with respect to the processing of case numbers ordered prior to the January 1, 2011.[8]

Originations

HUD will hold FHA-approved mortgagees responsible for compliance with FHA requirements in all aspects of an FHA loan transaction, whether performed by the approved mortgagee or by its sponsored TPO (unless applicable law or regulation governing the violations in question require specific knowledge on the part of the party to be held responsible). It is, therefore, critical that sponsoring FHA-approved mortgagees set forth and clearly delineate policies, procedures, approval guidelines, quality control requirements, and many other features of FHA and regulatory compliance, with respect to their sponsored TPOs.[9]

  • Approved as of May 20, 2010: may continue to originate mortgage loans insured by FHA through the end of the calendar year.
  • Non-approved originators (and expired approvals) - sponsored: permitted to participate through sponsorship by an FHA-approved Direct Endorsement mortgagee. An FHA-approved mortgagee may permit its sponsored TPO to perform all origination and processing tasks related to an FHA loan transaction (except for FHA Connection access). Sponsoring FHA-approved mortgagees will determine the “exact origination and processing duties their sponsored third party originators may perform.”[10]
  • An approved mortgagee may permit a sponsored TPO to originate Home Equity Conversion Mortgages (HECMs), provided that the sponsored third party originator adheres to all other HECM origination requirements.
  • Because of updates that HUD must make to its data systems, sponsoring mortgagees will enter their 5 digit FHA ID in FHA Connection as the loan originator for sponsored TPO loans; that is, for the time being all loan originations from sponsored TPOs will appear in FHA’s systems as a retail origination of the sponsoring mortgagee. (HUD hopes to have their data systems updated by September 30, 2010.)
  • FHA-approved mortgagees will not be permitted to use a Direct Lending branch office identification number to order case numbers for loans originated by sponsored TPO, because this identification number can only be used to originate direct-to-consumer loans obtained by the FHA-approved mortgage through the Internet and Call Centers.
  • Underwriting and approvals will be performed by an FHA-approved mortgagee for all loans originated by sponsored TPOs. Once approved by the sponsoring FHA-approved mortgagee, a loan must close in the name of the sponsoring underwriting mortgagee.[11] Finally, HUD officials fielded several questions regarding the current prohibition on closing an FHA-insured loan in the name of a TPO. The Department’s representatives acknowledged that HUD cannot change the prohibition on TPOs closing in their own names unless and until Congress amends the National Housing Act. As you may know, H.R. 5072, the FHA Reform Act of 2010, would accomplish this goal. This piece of legislation was recently passed in the House of Representatives and currently awaits deliberation in the Senate.
  • HUD will hold FHA-approved mortgagees responsible for compliance with FHA requirements in all aspects of an FHA loan transaction, whether performed by the approved mortgagee or by its sponsored third party originator, unless applicable law or regulation governing the violations in question require specific knowledge on the part of the party to be held responsible. HUD expects that FHA-approved mortgagees will pursue sponsoring relationships with responsible originators, and that approved mortgagees will diligently monitor and evaluate the activities and performance of those they sponsor. The Department will continue to carefully review and evaluate FHA-approved mortgagees’ activities and performance, and will take appropriate action to enforce its requirements when violations occur.

Loan Performance

  • Neighborhood Watch will post data for all loans originated via a sponsored TPO, and will be made available only to FHA-approved mortgagees for the purpose of evaluating sponsored TPO origination trends and performance

Third Party Fees

  • HUD will review all fees charged to a consumer by both FHA-approved lenders and TPOs and will hold the lender accountable for all of the fees charged, including those charged imposed by a TPO. Acceptable fees will be those that appear to be reasonable, common, and customary for the geographic area.[12]
  • Broker consulting fees, which are charged by a broker, must be paid outside of closing from the consumer’s own funds, and must be compliant with RESPA guidelines.[13]

Employment Requirements

FHA’s employment requirements for approved mortgagees and lenders are outlined in Chapter 2 of Handbook 4060.1, Rev. 2. FHA-approved mortgagees shall ensure that sponsored third party originators involved in FHA loan transactions adhere to all applicable federal, state, and local requirements governing their FHA loan origination and processing activities.

HUD will no longer monitor TPOs and will not impose restrictions on employment. Therefore, sponsored TPO employees can be paid on a W-2 or 1099 basis, and can have dual employment (i.e., mortgage originator as well as real estate agent). Also, there will be no “brick and mortar” requirements for sponsored TPOs.[14]

As a reminder to currently approved mortgagees and lenders, HUD prohibits HECM mortgage originators from also engaging in the sale or solicitation of other financial or insurance products. FHA-approved mortgagees must carefully evaluate the specific guidelines governing the programs and activities in which they wish to participate, as well as relevant state and local laws and regulations governing such activities.

Download Article-1A

Principal-Authorized Agent Relationships

Principal-Authorized Agent relationships can now only be entered into by two FHA-approved mortgagees, both of which must possess unconditional Direct Endorsement approval. This relationship, and the respective roles of the parties involved, must be documented accurately and accordingly in FHA Connection. Additional time is needed to support such documentation in FHA Connection. Due to impending system changes necessary to support and validate Principal-Authorized Agent transactions, FHA is issuing a regulatory waiver that will delay implementation of this provision until January 1, 2011.[15]

  • For Forward mortgages, the principal can have either unconditional DE or unconditional HECM approval. The authorized agent must have unconditional DE approval.
  • For HECM mortgages, the principal can have either unconditional DE or unconditional HECM approval. The authorized agent must have unconditional HECM approval.
  • The Principal in these relationships must originate the loan and the Authorized Agent must underwrite the loan.
  • The loan may close in either the name of the Principal or the Authorized Agent, and either party may submit the loan for insurance endorsement.

Areas Approved for Business (AAFB)

FHA-approved mortgagees may underwrite sponsored TPO loans in any state in which they are permitted by the state to do so, and in which sponsored TPOs are permitted to conduct mortgage origination activities. Hence, an FHA-approved mortgagee’s wholesale AAFB consists of all states in which it sponsors a mortgage originator that meets the applicable requirements for loan origination of that state and in which the mortgagee is permitted by the state to underwrite mortgage loans and sponsor mortgage originators.[16]

HUD will provide more detailed requirements for the submission of sponsored third party originator loans in a subsequent Mortgagee Letter. That Mortgagee Letter will include instructions for data submission and the process for ordering and transferring FHA case numbers for loans originated by sponsored third party originators.

New Form 92900-A: Addendum to the URLA

HUD intends to amend Form 92900-A (Addendum to the Uniform Residential Loan Application) in order to obtain information related to sponsored TPOs.[17] The new form will add additional boxes for a TPO’s legal name, tax identification number, and Nationwide Mortgage Licensing System Registry (“NMLSR”) number for the company (if applicable). A date of mid-September 2010 is anticipated for implementation of the new form.

Download Article-1A

If you have any questions about this matter or would like assistance with mortgage compliance, please contact Jonathan Foxx, Managing Director, or call 516-442-3456.


[1] Mortgagee Letter 2010-20, June 11, 2010, Implementation of Final Rule FR 5356-F-02, “Federal Housing Administration: Continuation of FHA Reform-Strengthening Risk Management through Responsible FHA-Approved Lenders”

[2] April 20, 2010 at 75 FR 20718, with technical correction published on May 4, 2010 at 75 FR 23582.

[3] Under the final regulations, small businesses are those that meet the size standard for their industry classification established by the Small Business Administration at 13 C.F.R. § 121.201 Sector 52 (Finance and Insurance), Subsector 522 (Credit Intermediation and Related Activities). Non-small businesses are those lenders and mortgagees that exceed this size standard. Id. at 20,734 [citing new Section 202.5(n)(iii)].

[4] Under the final regulations, small businesses are those that meet the size standard for their industry classification established by the Small Business Administration at 13 C.F.R. § 121.201 Sector 52 (Finance and Insurance), Subsector 522 (Credit Intermediation and Related Activities). Non-small businesses are those lenders and mortgagees that exceed this size standard. Id. at 20,734 [citing new Section 202.5(n)(iii)].

[5] U. S. Small Business Administration Table of Small Business Size Standards Matched to North American Industry Classification System Codes, August 22, 2008, p29 (Data – 2007)

[6] Op.cit. 1, Footnote (2)

[7] See Mortgagee Letter 2009-01: Loan correspondents must submit the online annual certification and the annual renewal fee or be subject to administrative action leading to the possible withdrawal of their FHA approval.

[8] Industry Conference Call, June 29, 2010: hosted by HUD to summarize the new regulatory changes and the corresponding guidance provided in Mortgagee Letter 2010-20.

[9] Additionally, FHA’s employment requirements for approved mortgagees and lenders, as outlined in Chapter 2 of Handbook 4060.1, Rev. 2, requires FHA-approved mortgagees to ensure that sponsored TPOs involved in FHA loan transactions adhere to all applicable federal, state, and local requirements governing their FHA loan origination and processing activities.

[10] Op.cit. 1, p 4

[11] The current prohibition on closing in a TPO’s name cannot be changed until Congress amends the National Housing Act. The FHA Reform Act of 2010 (HR 5072), which was recently passed in the House and currently awaits deliberation in the Senate, would accomplish this goal.

[12] Op.cit. 8

[13] Op.cit. 8

[14] Op.cit. 8

[15] Op.cit. 8

[16] Mortgagees will order case numbers for any state in which they are approved to underwrite an FHA loan. Until system modifications are made, mortgagees will need to enter their 5 digit ID in the Sponsor field in FHA Connection’s case number assignment screen.

[17] Op.cit. 8