Written By: Stacey Sprain,
Certified Ambassador Loan Processor (CALP)

I was quite impressed with the HUD webinar I listened in on April 20th. I was thrilled to see that a lot of commonly asked questions were addressed and explained. In the past, many of these same questions received different answers from various interpretations of the guidelines over the years. I’m excited to pass on some of the test questions and FAQS from the session! Test your own knowledge by reviewing the questions below. I’ve provided the answers at the bottom of this writing.

QUESTIONS:

1. Borrower currently owns a primary residence secured by FHA financing and wishes to purchase another home with FHA financing to accommodate the needs of a larger yard for Rex, the new family dog. Does this need meet FHA’s requirements for increase in family size which allows for ownership of more than one FHA-insured property?

2. Borrower is purchasing a property in a community property state with a non-purchasing spouse. Review of the borrower’s IRS tax transcript, as required by the lender, indicates a Schedule C business loss for the non-purchasing wife. Does the lender need to take the income losses of the non-purchasing spouse into account for the borrower’s qualifying purposes?

3. Borrower just returned to the work force after a job gap of 4.5 years due to her spouse’s consistent military transfers all over the country. She has been back on the job for 30 days. Can her income be used for qualifying purposes?

4. Review of borrower’s credit report shows obligation for a mortgage rated current with 2 x 30 late payments reflected in the most recent 12 month period. Borrower provides copy of divorce decree with settlement showing that the divorce awarded the prior marital home to the ex-spouse and that the mortgage was to have become the ex-spouse’s responsibility. Is the lender correct in omitting this debt from the borrower’s qualifying requirements?

5. Borrower’s credit report indicates a bankruptcy discharge just two years ago and review of documentation reflects that a home with mortgage liens was included in the bankruptcy. Is the borrower eligible for FHA financing?

6. Borrower’s credit report reflects an individual auto loan currently in repayment but the borrower states his sister makes payments on the auto since she now drives the car. He can provide 12 months cancelled checks to substantiate this. Can this debt be omitted from the borrower’s qualifying ratio?

7. Borrower earns commissions as a Schedule C sales person. The credit report reflects a large auto loan payment but borrower states that her business makes the payments. Is the lender correct in omitting this debt from qualifying if the tax returns demonstrate that the auto expenses are indeed being covered by the business?

8. Borrower’s credit report reflects a disputed account with a zero balance and AUS/TOTAL Scorecard has approved the loan. Does the automated approval require a downgrade to refer and must the loan be manually underwritten?

9. Borrower recently accepted new employment at a higher salary which has been used in qualifying, loan is AUS approved but borrower isn’t set to start the job until 30 days after the loan closes. Is this acceptable if a signed employment offer is obtained from the new employer confirming the salary and that the start date is within 60 days of loan closing?

10. Is a credit report required for a non-purchasing spouse when the non-purchasing spouse is an illegal alien with no valid social security number?

ANSWERS:

1. Unfortunately no. Increase in family size must be documented by the borrower providing documentation of an added dependent or extension of family as well as by an increase to the number of bedrooms when comparing the capacity of the current home to that of the proposed home. The definition of family member does not include pets for FHA’s purposes.

2. No. Business losses for non-purchasing spouses do not need to be accounted for in qualifying the purchasing borrower.

3. Unfortunately no. FHA requires a minimum of six months return to the work force after an extended period of absence as well as documentation that the borrower had a minimum two year employment history prior to the gap.

4. Yes. When documented by a divorce decree or court order, the debts of an ex-spouse may be omitted.

5. Unfortunately no. When a home mortgage is written off in a bankruptcy discharge, it is considered a foreclosure for FHA qualifying purposes and is subject to the minimum three year requirement before the borrower is allowed to purchase a home secured with FHA financing.

6. The auto payment can only be omitted if the sister is on the auto loan with the borrower. If the auto loan was obtained solely in the borrower’s name, the debt cannot be omitted even if another party provides evidence that someone other than the borrower has been repaying the loan.

7. Unfortunately no. A Schedule C Sole Proprietorship business which means the borrower is still solely responsible for all income, expenses and debt. The business would not be considered a co-obligor on the debt and thus, the obligation cannot be omitted from qualifying.

8. Yes. Regardless of the disposition of a disputed account, the loan must be downgraded from AUS Approve or Accept to Refer and must be manually underwritten.

9. It may be acceptable to the FHA guideline requirements but if the AUS findings require review of the most recent or 30 days paystubs, the lender cannot meet the documentation requirements because the borrower hasn’t yet started the new job for which income is being used to qualify. In this situation, the AUS approval must be downgraded to a Refer and the loan must be manually underwritten.

10. The lender must provide evidence of due diligence in attempting to obtain a credit report for the non-purchasing spouse. However, if the non-purchasing spouse does not have a valid SSN, it is unlikely to render a credit report result.

How did you do? I thought these were great questions that HUD addressed on the webinar. Am hoping you find the answers helpful as well!

About the Writer. As one of NAMP's volunteer writers, Stacey Sprain is currently a NAMP member in good standing and is a NAMP Certified Ambassador Loan Processor (CALP). If you would like to become a volunteer writer for NAMP, please email us at: blog@mortgageprocessor.org.

SOURCE: Published by NAMP Publishing Group, a division of the National Association of Mortgage Processors (http://www.MortgageProcessor.org)

Written By: Stacey Sprain,
Certified Ambassador Loan Processor (CALP)

Two items in particular stand out this week. As being the commonly asked questions I’ve had to jump in and answer.

1. Where can I get hard copies of the HUD Settlement Cost Booklet?

2. What will lenders require in regards to tax transcripts after the April 15th filing deadline date?

To answer the first question, HUD Settlement Cost Booklets (recently updated on 3/25/2010) are available for download at the RESPA website at
http://www.hud.gov/offices/hsg/ramh/res/settlement-cost-booklet03252010.cfm.

HUD has not made the booklets available for order from their online distribution center this year. However, I’m told that you may still call and order up to 100 booklets at no charge by calling HUD Customer Service at 1-800-767-7468. Beware however, that shipments may be delayed due to the recent booklet update. Be sure to ask for the approximate shipping time.

In regards to question number two, I don’t know about anyone else but I am just sick to death of even hearing mention of the “T word.” (transcripts). I don’t understand why everyone in mortgage land is having such a difficult time with these new requirements. It all comes down to common sense which should be no different than any other underwriting situation!

Within the past day, I’ve researched and contacted a number of the largest lenders and the consensus among them was this: If the borrower’s 2009 earnings were significantly higher than in previous years and the 2009 income is required for the borrower to qualify for the mortgage, transcripts are expected to accompany all other documentation to substantiate the income. If the borrower’s 2009 income is used to qualify and no transcripts are in the file when it goes to the lender for purchase, the lender may downgrade your income qualifications by tossing out the 2009 figures to go off of 2008 transcript income. This can cause non-saleable loan issues and significant purchasing delays.

So, what’s the trick to making the judgment calls on these situations? Use conservative qualifying, meaning the worst possible case qualifying you can in order to avoid the requirement for the 2009 transcript if it’s not yet available.

For borrower’s, who do not need the 2009 income increase to qualify, simply obtain copies of the 2009 W2s, a copy of the 2009 filed return or extension to file, evidence that IRS transcript is not yet available and substitute the 2008 transcript instead.

For you originators out there - If you send out email alerts or marketing communications to past customers, be sure to inform them of the need for their transcripts in most loan situations. Give them the heads up that they should not delay filing their 2009 returns if their intent is to refinance or purchase a home within the coming months. Make sure they are prepared and can be certain that their transcripts will be available from the IRS at the time of application or shortly thereafter. You’ll be saving them a world of frustration and potential closing date delays but giving them the information ahead of time!

Be sure to inform your realtor, builder and financial planning partners about the tax transcript requirements as well so that they can assist in preparing potential applicants for the tax transcript requirements! Your business partners will appreciate you keeping them informed and up-to-date on the underwriting policies and requirements that can affect your mutual interest clients!

About the Writer. As one of NAMP's volunteer writers, Stacey Sprain is currently a NAMP member in good standing and is a NAMP Certified Ambassador Loan Processor (CALP). If you would like to become a volunteer writer for NAMP, please email us at: blog@mortgageprocessor.org.

SOURCE: Published by NAMP Publishing Group, a division of the National Association of Mortgage Processors (http://www.MortgageProcessor.org)

Written By: Stacey Sprain,
Certified Ambassador Loan Processor (CALP)

I’ve noticed a few recent questions and comments listed in chat rooms and blogs in regards to confusion and questions on HUD’s S.A.F.E. Act licensing requirements as they relate to the capacity of loan processors and underwriters. Because of my own curiosity, I’ve “dug in” and started doing a little reading up on the topic and here is the information I’ve found that may provide answers to the licensing question- “required to be licensed or not required to be licensed.”

What exactly is the S.A.F.E. Act?

According to HUD’s explanation, the SAFE Act is designed to enhance consumer protection and reduce fraud by encouraging states to establish minimum standards for the licensing and registration of state-licensed mortgage loan originators and for the Conference of State Bank Supervisors (CSBS) and the American Association of Residential Mortgage Regulators (AARMR) to establish and maintain a nationwide mortgage licensing system and registry for the residential mortgage industry for the purpose of achieving the following objectives:

(1) Providing uniform license applications and reporting requirements for state licensed-loan originators;
(2) Providing a comprehensive licensing and supervisory database;
(3) Aggregating and improving the flow of information to and between regulators;
(4) Providing increased accountability and tracking of loan originators;
(5) Streamlining the licensing process and reducing regulatory burden;
(6) Enhancing consumer protections and supporting anti-fraud measures;
(7) Providing consumers with easily accessible information, offered at no charge, utilizing electronic media, including the Internet, regarding the employment history of, and publicly adjudicated disciplinary and enforcement actions against, loan originators;
(8) Establishing a means by which residential mortgage loan originators would, to the greatest extent possible, be required to act in the best interests of the consumer;
(9) Facilitating responsible behavior in the subprime mortgage market place and providing comprehensive training and examination requirements related to subprime mortgage lending;
(10) Facilitating the collection and disbursement of consumer complaints on behalf of state mortgage regulators.

When does the Act become effective?

The SAFE Act encourages states to participate in the Nationwide Mortgage Licensing System and Registry, and requires states to have in place, by law or regulation, a system for licensing and registering loan originators that meets the requirements of sections 1505, 1506, and 1508(d) of the SAFE Act. The SAFE Act requires the states to have the licensing and registration system in place by: (1) July 31, 2009, for states whose legislatures meet annually; and (2) July 31, 2010, for states whose legislatures meet biennially. For both this 1-year period and 2-year period, HUD may extend the deadline, by not more than 24 months, if HUD determines that a state is making a good faith effort to establish a state licensing law that meets the minimum requirements of the SAFE Act.

While states are charged with enacting licensing standards that meet the requirements of the SAFE Act, overall responsibility for interpretation, implementation, and compliance with the SAFE Act rests with HUD. In this regard, CSBS and AARMR requested that HUD review the model legislation, and advise of its sufficiency in meeting applicable minimum requirements of the SAFE Act. State legislation that follows the provisions of the model legislation, whether by statute or regulation, will be determined to have met the applicable minimum requirements of the SAFE Act. You may review the Safe Act Model State Law by visiting http://www.hud.gov/offices/hsg/ramh/mps/modellaw.pdf.

Based on the review of the model, it would seem that HUD’s intention is for licensing requirements to apply to those persons who serve in the capacity of a loan originator, according to their extremely complex and complicated definition of “loan originator.”

It appears that HUD’s model definitions of a Loan Processor, Underwriter or Mortgage Loan Originator are as follows:

MSL XX.XXX.030 DEFINITIONS—For purposes of this Act, the following definitions shall apply:

…
(5) LOAN PROCESSOR OR UNDERWRITER—

(a) IN GENERAL—The term ‘‘loan processor or underwriter’’ means an individual who performs clerical or support duties as an employee at the direction of and subject to the supervision and instruction of a person licensed, or exempt from licensing under [reference appropriate state mortgage licensing laws here.

(b) CLERICAL OR SUPPORT DUTIES—For purposes of subsection (a), the term ‘‘clerical or support duties’’ may include subsequent to the receipt of an application—
(i) The receipt, collection, distribution, and analysis of information common for the processing or underwriting of a residential mortgage loan; and
(ii) Communicating with a consumer to obtain the information necessary for the processing or underwriting of a loan, to the extent that such communication does not include offering or negotiating loan rates or terms, or counseling consumers about residential mortgage loan rates or terms.

(c) REPRESENTATIONS TO THE PUBLIC—An individual engaging solely in loan processor or underwriter activities, shall not represent to the public, through advertising or other means of communicating or providing information including the use of business cards, stationery, brochures, signs, rate lists, or other promotional items, that such individual can or will perform any of the activities of a mortgage loan originator.

(6) MORTGAGE LOAN ORIGINATOR—

(a) IN GENERAL—The term ‘‘mortgage loan originator’’—
(i) Means an individual who for compensation or gain or in the expectation of compensation or gain—
(A) Takes a residential mortgage loan application; or
(B) Offers or negotiates terms of a residential mortgage loan;
(ii) Does not include an individual engaged solely as a loan processor or
underwriter except as otherwise provided in MSL XX.XXX.040(4);
(iii) Does not include a person or entity that only performs real estate brokerage activities and is licensed or registered in accordance with [State] law, unless the person or entity is compensated by a lender, a mortgage broker, or other mortgage loan originator or by any agent of such lender, mortgage broker, or other mortgage loan originator; and
(iv) Does not include a person or entity solely involved in extensions of credit relating to timeshare plans, as that term is defined in section 101(53D) of title 11, United States Code.…

(10) REGISTERED MORTGAGE LOAN ORIGINATOR—

The term ‘‘registered mortgage loan originator’’ means any individual who—

(a) Meets the definition of mortgage loan originator and is an employee of—
(i) A depository institution;
(ii) A subsidiary that is—
(A) Owned and controlled by a depository institution; and
(B) Regulated by a Federal banking agency; or
(iii) An institution regulated by the Farm Credit Administration; and

(b) Is registered with, and maintains a unique identifier through, the Nationwide Mortgage Licensing System and Registry.

As referenced above in (6)(B)(ii)… In the definition of MORTGAGE LOAN ORIGINATOR: (ii) Does not include an individual engaged solely as a loan processor or underwriter except as otherwise provided in MSL XX.XXX.040(4). Here is the verbiage of importance in XX.XXX.040(4);

(4) INDEPENDENT CONTRACTOR LOAN PROCESSORS OR UNDERWRITERS—

A loan processor or underwriter who is an independent contractor may not engage in the activities of a loan processor or underwriter unless such independent contractor loan processor or underwriter obtains and maintains a license under MSL XX.XXX.040(1). Each independent contractor loan processor or underwriter licensed as a mortgage loan originator must have and maintain a valid unique identifier issued by the Nationwide Mortgage Licensing System and Registry.

The following verbiage pertains to MSL XX.XXX.040(1) referenced above:

(1) IN GENERAL—An individual, unless specifically exempted from this Act
under subsection (3) of this section, shall not engage in the business of a mortgage loan originator with respect to any dwelling located in this State without first obtaining and maintaining annually a license under this Act. Each licensed mortgage loan originator must register with and maintain a valid unique identifier issued by the Nationwide Mortgage Licensing System and Registry.

The following verbiage pertains to subsection (3) as referenced above:

(3) EXEMPTION FROM THIS ACT—

http://www.hud.gov/offices/hsg/ramh/mps/modellaw.pdf

(a) Registered Mortgage Loan Originators, when acting for an entity described in MSL XX.XXX.030(10)(a)(i),(ii) or (iii) are exempt from this Act.

(b) Any individual who offers or negotiates terms of a residential mortgage loan with or on behalf of an immediate family member of the individual.

(c) Any individual who offers or negotiates terms of a residential mortgage loan secured by a dwelling that served as the individual’s residence.

(d) A licensed attorney who negotiates the terms of a residential mortgage loan on behalf of a client as an ancillary matter to the attorney’s representation of the client, unless the attorney is compensated by a lender, a mortgage broker, or other mortgage loan originator or by any agent of such lender, mortgage broker,
or other mortgage loan originator.

The following verbiage pertains to MSL XX.XXX.030(10)(a)(i),(ii) or (iii) as referenced above:

(10) REGISTERED MORTGAGE LOAN ORIGINATOR—

The term ‘‘registered mortgage loan originator’’ means any individual who—

(a) Meets the definition of mortgage loan originator and is an employee of—
(i) A depository institution;
(ii) A subsidiary that is—
(iii) An institution regulated by the Farm Credit Administration.

Now based on how I personally read all of the above, I drew the conclusion that HUD’s intent is to allow exemption of processors and underwriters if they are reporting to a licensed or registered person or entity. However, I also drew the conclusion that licensing is to be required of independent contracting processors and underwriters who are not W2 employees of an exempted entity. Though there is some conflicting language between HUD’s explanations given on their SAFE Act home page versus the model language, based on reading through the detailed back and forth referencing between all sections, it would certainly seem to me that non-W2 employed processors and underwriters are not considered to be under the direct supervision or reporting under a licensed or registered person or entity.

Whether or not my conclusions are 100% correct is simply another question. I am most definitely not an attorney nor do I wish to represent myself as a licensing expert by any means. But based on additional reading out on the web it would certainly seem as though my conclusions are shared with a number of high-ranking state agencies as well. I would certainly value any feedback from others of you out there who have had opportunity to research these licensing requirements and any added information you feel might be valuable to our dedicated readers.

Here are a few resources from which I gathered the information contained herein:

- HUD SAFE Mortgage Licensing Act Home Page: http://www.hud.gov/offices/hsg/ramh/safe/smlicact.cfm
- Safe Act Model State Law: http://www.hud.gov/offices/hsg/ramh/mps/modellaw.pdf
- HUD Safe Act FAQ: http://www.hud.gov/offices/hsg/ramh/safe/safeactfaq.pdf

For further information, Contact:
HUD
Office of Regulatory Affairs and Manufactured Housing
Department of Housing and Urban Development
451 Seventh Street, SW
Rm. 9162
Washington, DC 20410-8000
Telephone: (202) 708-6401
FAX: (202) 708-2678
Email: safeprogram@hud.gov

Written By: Stacey Sprain,
Certified Ambassador Loan Processor (CALP)

FHA offers a number of resources that I utilize on a regular basis to help find answers to questions that often come up on FHA lending. Most often I refer to FAQ sites because in the past, I haven’t been a big fan of calling 1-800-CALLFHA and sitting on hold forever with the depressing background music only to propose my question to a body who could only answer based on searching for something I’d already searched for. But I must admit, it sure seems like FHA has stepped up their customer service capacity and training because the last two times I’ve called I didn’t have to hold at all and the person at the end of the line was actually quite knowledgeable and able to really help with my question. How refreshing! I no longer hesitate to call with questions when needed.

Here is something I just learned about calls to FHA that I think you’ll find helpful: Each time you call 1-800-CALLFHA with a question, you are asked for your name, company and phone number. Behind the scenes, that information is used to develop tracking and a tracking number. The call center does not provide that tracking number as a normal course of business but you can ask for it. It’s in your best interest to always get the tracking number so that if you have to call again with additional questions on the same topic, you can provide the reference number to the call center associate who can then simply pull up the record(s) of your previous call(s) on said topic. This can save you time from having to re-explain the question or situation all over again. How handy is that?!

The FAQ sites that I refer to regularly are listed at HUD’s Frequently Asked Questions website at http://www.hud.gov/offices/hsg/sfh/faqs/faqsmenu.cfm. There you’ll find FAQ lists broken down in categories.

I also like to go directly to the FHA Resource Center FAQs at http://www.fhaoutreach.gov/FHAFAQ/ to search by topic because I know that questions that come through 1-800-CALLFHA are all eventually listed there. It’s pretty likely that someone else may have already asked the same question I have. Just choose the “Solutions” tab and click to “Search By Keyword.” Then simply enter the key word and scroll through the questions listed to see if you can find the answer you’re looking for.

You can also choose the tab “Contact FHA” which provides data fields for you to complete so you can send off your question directly to the FHA Resource Center. If you prefer, you can even email the Resource Center directly with your question by sending it to info@fhaoutreach.com.

FHA Resource Center Contact Information:

Website: http://www.fhaoutreach.gov/FHAFAQ/
Email: info@fhaoutreach.com
Ph: 800-CALL FHA (800-225-5342)

Written By: Stacey Sprain,
Certified Ambassador Loan Processor (CALP)

It’s been a BIG news week for FHA and is about to get even bigger with the anticipation of a number of Mortgagee Letters to be issued January 21st which will communicate further significant tightening of FHA qualifying calculations and guideline requirements.

Temporary Flipping Waiver

On Friday, January 15th, HUD released their most recent Waiver of Requirements of 24 CFR 203.37a(b)2. The waiver, which is in regards to time restrictions for property sales, applies only to FHA forward mortgages, not HECMs, and is effective 02/01/2010-02/01/2011.

As copied from the Code of Federal Regulations, here is that exact portion of the Code that is being waived:

a(b) Time restrictions on re-sales—(1) General. The eligibility of a property for a mortgage insured by FHA is dependent on the time that has elapsed between the date the seller acquired the property (based upon the date of settlement) and the date of execution of the sales contract that will result in the FHA mortgage insurance (the re-sale date). The mortgagee shall obtain documentation verifying compliance with the time restrictions described in this paragraph and must submit this documentation to HUD as part of the application for mortgage insurance, in accordance with §203.255(b).

(2) Re-sales occurring 90 days or less following acquisition. If the re-sale date is 90 days or less following the date of acquisition by the seller, the property is not eligible for a mortgage to be insured by FHA.

However, to summarize, the HUD announcement goes on to state the following conditions for the 90 day time-restraint waiver to be effective on a specific transaction:

- The transaction must be at arms length; meaning there cannot be any identity of interest between any of the interested parties to the transaction. This means that the lender must perform due-diligence to determine there are no undisclosed relations of interest which should include the following:

- LLCs, partnerships, corporations, etc. must be fully investigated to determine exactly who holds interest in the business. No party with interest in the business should be related to any other party participating in the transaction.

- 12-24 month minimum chain of title from the title company should be reviewed carefully to establish that there are no patterns of flipping between interested parties, that the owner of record listed in title is the same seller represented as the seller on the sales contract and is also the same owner of record listed in any public property tax record. You should never rely on the transfer records based on the prior 36 month history listed in the appraisal alone but should rather obtain the chain of title directly from the title company.

- Marketing history in regards to the sale of the property should be carefully reviewed to determine that it was marketed for sale openly via MLS, Sheriff Sale, Auction, FSBO, etc. If the marketing of the property cannot be determined through public means, be cautious!

- Sales prices for recent transfers of the subject property must be verified and if the proposed transaction contains a sales price that represents a 20% or greater increase from the prior sale price of the property, the lender must justify the increase in price/value using any of the following methods:

- Obtain specific documentation from the seller for improvements made to the property between the seller’s acquisition date and proposed sale of the property. This would include copies of paid invoices or receipts from contractors, builders, suppliers etc. with a complete list of the upgrades, repairs and/or improvements made

- Obtain a 2nd appraisal to justify the property sale price/value and recent improvements/repairs/upgrades made to the property

- Obtain a property inspection report from a state-licensed/certified inspector that is to be given to the buyer prior to closing and which must include:

- Inspection of the foundation, floor, ceiling, walls and roof;
- Inspection of the exterior siding, doors, windows, balconies, decks, walkways, driveway
- Inspection of the roofing, plumbing, electric, heating and air systems;
- Inspection of the interior of the property including insulation and ventilation systems, fireplaces, fuel-burning appliances

The waiver ONLY waives the 90 day timing restraint requirement IF the conditions listed above are met. Don’t forget that all other requirements set forth in Mortgagee Letter 2006-14 apply for all other properties acquired for up to one year from the seller’s acquisition date. In those situations, when the sales price increases 100% or greater, 2nd appraisal and other potential documentation requirements must be applied.

I will pass on more information next week in regards to the upcoming MIP rate hikes, minimum fico score requirements, minimum downpayment requirements and reduction to maximum allowed seller concessions. Those changes will have major affects on FHA qualifying in the near future!

About the Writer. As one of NAMP's volunteer writers, Stacey Sprain is currently a NAMP member in good standing and is a NAMP Certified Ambassador Loan Processor (CALP). If you would like to become a volunteer writer for NAMP, please email us at: blog@mortgageprocessor.org.

Written By: Stacey Sprain,
Certified Ambassador Loan Processor (CALP)

As a person in the Mortgage Industry who works in a position that involves business and credit analysis and writing credit policies to protect the interests of the company, one particular article got my attention this week when it crossed my desk. It was an article released in Market Watch, part of the Wall Street Journal digital network. The article stated that HUD issued subpoenas to 15 mortgage companies on Tuesday in regards to higher-than-average default rates on FHA loans and an overabundance of mortgage insurance claims.

When I took a looked through the list I immediately recognized a number of pretty big players; mortgage brokers we have all likely dealt with at some point in our mortgage careers for one reason or another. But I can’t say I’m surprised to see a couple of them. I clearly recall that they were accepting what I considered “bottom of the barrel” FHA borrowers back in 2006 and 2007 before the market started its downward spiral due to foreclosures and market declines. In fact, I see two of them that I know flat out drug their feet implementing minimum credit score requirements in order to corner the market while other FHA lenders starting cracking down on their own qualifying requirements in anticipation of what was to come.

What always bothers me most when I see these things is the lack or moral judgment and integrity that was used by all of those involved. The unfortunate result of so many bad decisions made by bad companies is that the good companies are now subject to the consequences of the bad. One of our originators made a statement this week I found humorous though very valid. He said “I feel like things have gotten so out of control we can’t even get loans done anymore. I mean, what more documentation can I request from my borrowers short of them providing a sample of their DNA?” It’s unfortunate that so many of us have begun to feel this way.

I am still outraged that those responsible for the sub-prime market crisis aren’t rotting in prison somewhere. It still blows my mind to think that anyone in their right mind could sleep at night knowing they’d just agreed to grant a $200000 mortgage to borrowers with credit scores in the 400s, unstable employment and no verified history of housing expense. And it’s not just the lending part that concerns me but more importantly, the burden of knowing you’d put such borrowers in that position having to realize full well that they were headed toward disaster. They were guaranteed to fail but somebody lent them the money anyway. It doesn’t get more wrong than that.

So, what kinds of things can we all do to make sure our companies don’t end up being investigated for higher-than-average default rates? It’s really as simple as diverting back to the days of full loan documentation requirements in partnership with utilization of modern tools and technologies.

Even if your lenders aren’t requiring tax transcripts for underwriting, most companies are pulling them pre-purchase or post purchase so you may as well simply obtain them for all of your loan files and make sure qualifying income is tight and right from the beginning. Transcripts can be used as a great resource for more than just income verification. They can also be used to validate identity, occupancy and marital status. Transcripts validate most importantly that the person listed on your loan application filed taxes under the social security number and residence address listed on the loan application.

They also verify whether or not the returns were filed on time. Transcripts also confirm whether each borrower filed individually or jointly and will confirm the number of dependents so you can compare with loan application data. In addition, transcripts may verify undisclosed businesses potentially uncovering business losses that can negatively affect future financial stability and the borrower’s ability to make timely mortgage payments. In my opinion, any company that hasn’t incorporated transcript requirements into originating and underwriting procedures is a “sitting duck” for potential fraud and early defaults.

Transcripts have become much less expensive in recent months also. A year ago we may have been paying $20 and more for two years but with the IRS lowering their processing fee by $4 effective October 1, 2009, many companies became more cost-friendly. Now obtaining two years transcripts can cost as little as $15 and even lower for those companies that have the luxury of offering volume discount rates.

Other tools to be taken advantage of in today’s market are the fraud detection tools and services offered by credit bureaus and third party vendors like First American CoreLogic and Interthinx. Most credit vendors now have the ability to offer a full suite of fraud detection and risk analysis options that are available right as you pull your standard credit reports. These services have the ability to analyze a minimum data set in order to render risk scoring based on data combinations and public record searches. Vendors like CoreLogic and Interthinx take risk analysis even further by evaluation all of the loan parties as well as the property in order to render a full report that analyzes the overall loan risk by category to give red flags of potential loan fraud. Tools like this are invaluable in today’s world.

When researching vendor options for things like transcripts and fraud detection services, be sure to ask questions about volume discounts, support resources, systems integration and training abilities.

The sooner you implement tools and resources like those I’ve mentioned above, the less likely your company will be to end up subpoenaed by HUD for excessive defaults and claims like these lenders did:

- First Tennessee Bank N.A., Memphis, Tenn.
- Alethes LLC, Lakeway, Texas
- Security Atlantic Mortgage Co., Edison, N.J.
- Pine State Mortgage Corporation, Atlanta.
- Birmingham Bancorp Mortgage Corporation, West Bloomfield, Mich.
- Alacrity Financial Services, LLC, Southlake, Texas
- Assurity Financial Services, LLC, Englewood, Colo.
- D and R Mortgage Corporation, Farmington, Mich.
- Webster Bank, Cheshire, Conn.
- Mac-Clair Mortgage Corporation, Flint, Mich.
- Americare Investment Group, Inc., Arlington, Texas
- 1st Advantage Mortgage, Lombard, Ill.
- American Sterling Bank, Independence, Mo.
- Sterling National Mortgage Company Inc., Great Neck, N.Y.
- Dell Franklin Financial LLC, Columbia, Md.

About the Writer. As one of NAMP's volunteer writers, Stacey Sprain is currently a NAMP member in good standing and is a NAMP Certified Ambassador Loan Processor (CALP). If you would like to become a volunteer writer for NAMP, please email us at: blog@mortgageprocessor.org.