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Lenders and servicers are warning the Department of Housing and Urban Development that a proposal to impose severe penalties for loss mitigation violations could undermine the Federal Housing Administration loan program.
Under a HUD proposal, servicers could face a $277,000 penalty for failing to help a delinquent borrower avoid foreclosure.
Servicers claim this penalty is unfair and excessive, and HUD would do better to provide monetary awards to encourage loss mitigation efforts.
Commenting on the proposal, SunTrust Mortgage Inc., Richmond, Va., and Midland Mortgage Co., Oklahoma City, urged HUD to limit the potential liability of servicers so they are not hit with large fines for past mistakes or minor violations of the agency's loss mitigation standards.
A servicer with a 95% compliance record that has a 1.5% foreclosure rate on 100,000 FHA loans could incur over $20 million in penalties, according to Midland Mortgage. "If HUD were to actually impose penalties of such magnitude for a 95% compliance record, we believe the lenders would quickly begin charging higher interest rates to new FHA borrowers or exit the FHA lending business," Midland Mortgage says in a comment letter.
Midland and SunTrust, along with the Mortgage Bankers Association, want HUD to create a "safe harbor" for servicers who have demonstrated overall compliance with HUD's loss mitigation rules.
"We are concerned that the inability to avoid tremble damages may make FHA servicing less attractive. FHA must continue to be an affordable source of financing for low- and moderate-income borrowers," MBA says.
Source: HighBeam Research, Lenders Fear FHA Rule Could Cripple Program.(Federal Housing...