FHA seeks to increase lender liability for third-party fraud

The Federal Housing Administration is trying to replace the defect taxonomy it makes use of to evaluate mortgage high quality with a stricter stance on materials misrepresentations and fraud by third-party originators.

Presently, loans that the FHA insures which have these points can both be categorized as Tier 4 severity points that lenders “didn’t know and couldn’t have identified” about, or Tier 1 issues that funders “knew or ought to have identified about.” 

The FHA has been figuring out whether or not a problem matches into the latter class primarily based on whether or not one in all its staff was concerned or whether or not there have been pink flags within the mortgage file that ought to have been caught in underwriting.

Beneath the drafted change, sponsored TPOs related with proof of fraud or materials misrepresentation additionally shall be included within the Tier 1 class no matter whether or not or not there have been particular pink flags. FHA will search life-of-loan indemnification from lenders on this occasion.

The FHA will settle for suggestions on the draft coverage with implications for lenders who purchase closed loans from correspondents or supply them through brokers via June 24. It plans to publish a remaining mortgagee letter thereafter.

Mortgage and housing teams contacted by this publication did not instantly voice a priority in regards to the potential replace to the defect taxonomy and have been typically nonetheless reviewing it at press time.

“The CHLA is supportive of what this provision would do, which is maintain lenders liable for fraud and misrepresentation with respect to third-party originators,” stated Scott Olson, govt director of the Group Residence Lenders of America, sharing his preliminary impressions of it.

Though there was some preliminary skepticism of the defect taxonomy’s limits when it was launched in 2015, the trade has typically discovered it useful to have a framework for a way the FHA views mortgage defects that may happen at origination and result in efficiency points later.

Along with establishing an origination defect taxonomy, the Division of Housing and Growth company has proposed organising the same framework for servicing.