What is a forensic loan audit?

July 19th, 2010

All mortgages must comply with fair lending laws. Any error or omission on the part of a lender or their agents constitutes a violation. USLoanAuditors verify compliance with the following laws:

  • State and Federal Predatory Lending Laws
  • Real Estate Settlement & Procedures Act (RESPA)
  • Truth in Lending Act (TILA)
  • Home Mortgage Disclosure Act (HMDA)
  • Fair Housing Act (FHA)
  • Equal Credit Opportunity Act (ECOA) and more

Why do I need a forensic loan audit?

Simply put, to create leverage! Forensic loan audits often reveal violations in your loan that can be used to start legal litigation with your lender. Having this leverage means your lender will not only have to listen, but also be held accountable for the laws that were violated. You may be shocked at how many violations we are able to find using our forensic process. In fact, it is estimated that over 90% of adjustable rate mortgages (ARMs) reveal violations in RESPA (Real Estate Settlement Procedures Act), TILA (Truth in Lending Act), predatory lending, and real estate and mortgage fraud.

US Loan Auditors will audit your loan for predatory lending violations, which when combined with legal action may be your best option to save your home.

Subprime is dead, but the FHA lives on during refi boom

January 18th, 2009
ST. LOUIS POST-DISPATCH
A rush of mortgage refinancings is reviving the St. Louis mortgage business, which was flat on its back just two months ago. 

Rates on a 30-year mortgage averaged 4.96 percent last week, according to the national mortgage giant Freddie Mac. That was the lowest in the 38-year history of the company’s survey.

Low rates are sending home owners running to refinance. The Mortgage Bankers Association’s national index of refinancing applications has risen sevenfold in the last two months. 

It’s welcome news in a business that spent most of 2008 in deep gloom. Among other changes in the local mortgage industry: 

•The revival the Federal Housing Administration as a major player in the mortgage market. With the disappearance of subprime lending, local institutions are using FHA loans as a way to extend mortgages to borrowers with little down payment or black marks on their credit.  

•The disappearance of lots of players in the mortgage business, from brokers to mortgage purchasers to paperwork processors.

•Tighter lending standards are making it harder for good borrowers to land a conventional mortgage.

When Amy Shaw heard that rates were near 5 percent, she knew the moment had come to refinance. “How could you not hear it? The word was everywhere,” she said.

She and her husband own a 118-year-old house in the south St. Louis neighborhood of Benton Park. They had refinanced a year ago at about 6 percent interest. “For mortgages to go to 5 percent saves us $200 a month,” she said.

Lots of other people are making the same decision. “We’re doing as much business in one month now as we were doing in three months before,” said H. John Frank Jr., president of Paramount Mortgage in Creve Coeur. “Now, people are working until 10 and 12 at night.” 

Shaw had good credit and equity in her house. She had no problem in getting a loan from Gorman & Gorman Home Loans. 

Others aren’t so lucky. Lenders are tightening standards for conventional mortgages — the plain vanilla loans made to people with good income and good payment histories. Some lenders have raised credit score requirements, and most are checking information on applications more carefully. “It’s ‘Where’s this? How did you come up with that?’” Frank said.

The credit crisis began with widespread defaults on subprime mortgages — the type issued to people with inadequate income and poor credit. Many lenders didn’t verify borrowers’ income, and some borrowers lied about it.

The subprime mortgage business is dead, but its Depression-era granddaddy lives on. Mortgages backed by the government, mainly the Federal Housing Administration, captured a third of the mortgage market last year, according to a Mortgage Bankers Association survey.

In the St. Louis area, the FHA backed roughly 20,500 loans by mid-December, compared to 8,300 in 2007 and 6,300 in 2006, according to figures from the Department of Housing and Urban Development. 

FHA quickly has emerged as the favored way for people with little down payment or problems in their credit history to land a mortgage.

Many mortgage players — including many former subprime shops — are applying to become FHA-approved lenders. There are 458 in St. Louis as of November, up from 208 two years ago. 

The FHA was formed in 1934 as the government’s original subprime lender in an era where it took a 50 percent down payment to get a mortgage. The agency insures loans to people with tiny down payments — just 3.5 percent of the purchase price — and it accepts more scars on credit reports than conventional lenders.

But the FHA never winked at borrowers who couldn’t document their income, and it never issued loans too big to be repaid. It usually requires that mortgage payments take no more than 31 percent of the borrower’s income and that all consumer debt take only 43 percent.

FHA loans are fully documented with absolute verification of income and credit,” said Neil Volkmann, a lender at First National Bank and president of the St. Louis Mortgage Bankers Association. 

Partly for that reason, FHA lending was moribund during the subprime lending boom. Lenders found it easier to make subprime loans, especially when borrowers had shaky income.

The rush to refinance caught the industry flat-footed after a year spent cutting jobs. For instance, Citimortgage in O’Fallon, Mo., last month confirmed plans to cut 104 jobs, following 86 job losses announced in October and 159 in March.

Mortgage brokers also took a heavy hit. In 2007, there were 630 licensed mortgage brokers in Missouri, each employing an average of five people. Last month, the number of licenses was down to 313 and falling, according to state figures.

Mortgage brokers don’t make loans themselves. Instead, they act as middlemen, matching borrowers to mortgage issuers. Local mortgage banking firms, which issue their own loans, seem to have survived last year’s crunch better.

Now, some firms are finding themselves short-staffed amid the “refi” boomlet. Gorman & Gorman, for instance, recently hired six workers, bringing its staff to 35. 

The refinancing rush is producing sudden changes in interest rates. “Even with in the same day, we’ll see a three-eighths (percentage point) swing in rates,” said Mark Gorman, president of his namesake firm.

Gorman sells his mortgages to institutions further up the financial food chain. The problem is that fewer institutions are buying mortgages these days. Some of them, such as IndyMac bank, have been seized by the government. Other sick players, such as National City, are being gobbled up by healthier banks.

The remaining players have internal limits on how many new loans they’ll accept. When one hits its limit, it suddenly jacks up its interest rate. Thus the volatility. 

The impact of the credit crisis hits hardest on people who need “jumbo” mortgages — those over the $417,000 limit. Before the panic, interest rates on jumbo loans were about a quarter point above conventional mortgages. Now, the difference is three percentage points, said Gorman.

Fannie Mae and Freddie Mac are the biggest buyers of mortgages in the country. They generally won’t buy loans over $417,000, so lenders charge more for such loans.

Original Article HERE

The Truth about Down Payments

January 16th, 2009

by Michele Lerner

Recent media reports about down payment requirement have been scaring first-time homebuyers right out of the housing market. 

As 2008 wound to a close, some real estate experts were saying on television and in newspaper articles that “nobody can get a loan unless they have a credit score of 800 and a down payment of at least 20%”.

Yet plenty of homebuyers with credit scores in the high 600’s and up are being approved for mortgages every day. And borrowers with credit scores lower than that are finding that they can quality for loans, too, especially FHA loans(Federal Housing Administration) backed by the government.

As to the down payment, a simple math equation can be pretty daunting to young potential homebuyers: a 20% down payment on a $250,000 home is $50,000. Quite a lot to save by age 30 or so!

But the truth is: 20% DOWN PAYMENTS ARE NOT MANDATORY. PLENTY OF LOAN PROGRAMS ARE AVAILABLE FOR BUYERS WHICH REQUIRE A LOWER DOWN PAYMENT. A 3.5% DOWN PAYMENT ON A $250,000 HOME IS $8,750, A MUCH MORE ACHEIVABLE SAVINGS TARGET.

The National Association of Realtors (NAR) put out a press release to clarify some of the misconceptions about down payment requirements.

  1. An individual may be required to put down 20 percent based on that person’s financial situation. But that is not an across-the-board requirement for all borrowers.
     
  2. A borrower who puts down less than 20 percent is required to obtain mortgage insurance.
     
  3. Even in a declining market, a borrower is required to make at least a 5 or 10 percent down payment.
     
  4. FHA requires a 3.5 percent down payment by borrowers, so long as they meet a 31 percent housing cost-to-income ratio. In other words, anyone who stays within their budget and who can afford a 3.5 percent down payment (even with family help) can become a homeowner.
Original Article HERE

Mortgage Applications Increase As Refinancing Hits 5-Year High

January 14th, 2009

(RTTNews) -  Industry data released on Wednesday showed that mortgage application volume increased 15.8 percent last week, as average interest rates decreased across the board and the refinance index soared over 25 percent to its highest level since 2003.

The Mortgage Bankers Association revealed that its market index of mortgage application volume climbed 15.8 percent on a seasonally adjusted basis for the week of January 9th. The Market Composite Index was 1324.8 compared to 1143.8 last week. On an unadjusted basis the Index shot up 95.7 percent and was down 52.4 percent on a year over year basis. 

The Refinance Index increased 25.6 percent to 7414.1 from 5904.5 last week. Accordingly, 85.3 percent of percent of mortgage activity took place through refinancing last week, up from 79.8 percent in the previous week. 

The Refinance Index is at its highest level since the week ending June 27, 2003, when it was 8599.1.

The conventional and government purchase indices both declined, with the conventional purchase index sliding 10.3 percent and the government purchase index, largely made up of FHA loans, plunging 21.8 percent.

The adjustable-rate mortgage (ARM) share of activity ticked up 1.1 percent from 0.9 percent of total applications from the previous week. 

Interest rates decreased across the board, with 30-year fixed-rate mortgages sliding below 5 percent to 4.89 percent from 5.07 percent last week. The rates for 15-year fixed-rate mortgages also slid down to 4.63 percent from 4.67 percent in the previous week. One-year ARMs saw a slight decrease with their contrast interest rates hitting 5.89 percent from 5.90 percent last week. 

by RTT Staff Writer

Original Article HERE

Non-Profits Urge Reinstatement of DAPs After Home Sales Decline

December 17th, 2008

The National Association of Realtors reported Monday that existing home sales fell 3.1 percent to 4.98 million in October, which happened to be the same month seller-funded down payment assistance programs became defunct. A provision within the Housing and Economic Recovery Act of 2008 — signed into law in July — effectively banned seller-funded down payment assistance programsbeginning Oct. 1. Since then, these non-profits and their supporters have urged Congress to reconsider the programs that helped put people with no funds for closing costs and down payments into homes by giving monetary “gifts” to prospective buyers in just the right amount needed to obtain an FHA loan. The non-profits would then accept donations from the home seller in — surprise! — the same amount given to the buyer, plus a service fee. The non-profit paid its staff, the seller got rid of the house and the buyer became a homeowner with no up-front expenses.

Everyone was happy, right? That depends on whom you speak with. The non-profits got one thing right, however: The program didn’t cost a taxpayer dime. And it put people into homes who otherwise couldn’t have afforded them. It follows that these programs would try any way possible to reinstate seller-funded down payment assistance. One of the largest such non-profits, Nehemiah Corp. of America on Monday released a statement urging the reinstatement of the programs.

“As we anticipated, the spike in September home sales was short-lived, driven by hardworking Americans racing to take advantage of seller-funded down payment assistance (DPA) before it was eliminated on Oct. 1,” Nehemiah president Scott Syphax said. “October housing sales tanked, clearly illustrating the reality we now face in a post-DPA market…. We call on Congress to revisit the important role that DPA has played in providing access to homeownership, and urge them to remove the ban.”

A supporter of DPA, the National Association of Black Mortgage Brokers on Tuesday released its own statement asking Congress to reconsider the programs. “The grim 3.1 percent drop in existing-home sales in October released by the National Association of Realtors may be just the tip of the iceberg,” president Joy Jamison said. “There are an abundance of homes sitting on the market waiting to be purchased and there are hundreds of thousands of hardworking Americans, particularly minorities, who want nothing more than to be homeowners.” This problem could be resolved, according to Jamison, by lifting the ban and giving “innumerable minorities” access to these programs and the ability to achieve the dream of homeownership.

Neither press release addressed what NAR economists have said really lies at the heart of the home sales decline: consumer hesitation. “Many potential home buyers appear to have withdrawn from the market due to the stock market collapse and deteriorating economic conditions,” NAR economist Lawrence Yun said in a press statement Monday. Consumer spending in October also saw its largest decline since September 2001 — 1 percent — according to a report Wednesday by the Commerce Department, suggesting much larger concerns than the scarcity of seller-funded down payment assistance have been driving the budgets of Americans in the past  months.

Non-profits like Nehemiah and AmeriDream Inc. frequently reiterate the statistic that more than 1 million borrowers have used seller-funded down payment assistance programs to achieve homeownership. The statistic these programs don’t like to repeat is the one that led to their demise:Federal Housing Administration commissioner Brian Montgomery in June said the one-third portion of the FHA’s portfolio that consisted of loans made to borrowers that used these non-profits might soon cripple the “FHA’s ability to serve American citizens who need access to prime-rate home loans.”

“Data clearly demonstrates that FHA loans made to borrowers relying on seller-funded downpayment assistance go to foreclosure at three times the rate of loans made to borrowers who make their own down payments,” he said at the time.

Original Article HERE

One in three apps seek FHA, VA loans

December 8th, 2008

BY INMAN NEWS, WEDNESDAY, NOVEMBER 26, 2008

Government-insured loans — primarily those backed by the Federal Housing Administration — accounted for about one in three mortgage applications in October, the Mortgage Bankers Association reported.

That’s a dramatic rise from one in 10 applications a year ago, the MBA said, and the biggest share of applications for FHA, VA and other government-insured loans since February 1991. The MBA cited lower down-payment requirements and less strict underwriting standards for the loans as reasons for their popularity.

Another factor was the decision by lawmakers in March to boost FHA and conforming loan limits to $729,750 in high-cost areas for 2008. With those limits set to retrench to no more than $625,500, most high-cost markets will see smaller loan limits next year, the MBA said.

The maximum loan-to-value (LTV) ratio for FHA loans is 97, meaning a 3 percent down payment is required, while the Department of Veterans Affairs continues to guarantee some 100 percent LTV loans. Minimum down-payments for FHA-backed loans will be increased to 3.5 percent in 2009.

Fannie Mae and Freddie Mac, by comparison, have 95 percent LTV maximums. The government-sponsored enterprises, or GSEs, also require private mortgage insurance when borrowers are making down payments of 20 percent or less. Many private mortgage insurers won’t provide insurance on loans in “declining markets” if the LTV exceeds 90 percent.

The MBA survey showed applications for government-insured loans were up 113.6 percent from a year ago in October, while applications for conventional loans were down 49.7 percent. Actual refinancings from conventional loans to FHA-insured loans were up 144.3 percent from a year ago, the MBA said.

Since the MBA began surveying loan applications in January 1990, government-insured loans have ranged from a low of 5.8 percent of total applications in August 2005, to a high of 43.8 percent in February 1990.

Original Article HERE