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John Weicher, assistant secretary for housing and federal housing commissioner, recently sent out a Mortgagee Letter to servicers of Federal Housing Administration loans advising them about how to avoid acquiring "predatory loans" in the secondary market. With the debate about "predatory lending" migrating to the loan servicing side of the business, excerpts from the assistant secretary's letter might offer some prescient advice for all lenders. The Mortgagee Letter was number 2002-21.
In recent months, national attention has been drawn to the devastating impact of predatory lending on families who are victimized by a few unscrupulous sellers, appraisers, real estate agents, mortgage originators and investors. The department believes that no responsible FHA-approved mortgagee would knowingly purchase fraudulently originated loans. Effective due diligence policies, uniformly applied by mortgagees prior to purchase, would cripple the ability of fraudulent lenders to pawn predatory loans off on others in the mortgage industry. If predatory loans cannot be sold, they are unlikely to be made and all borrowers, including FHA borrowers, will be protected.
The department routinely solicits feedback from lenders regarding the need for clarification of servicing requirements during various industry forums such as servicing conferences. As a result of the national attention on predatory lending, recent industry discussions focused on predatory lending practices and due diligence in the purchase of FHA insured loans. As a follow up to those discussions, several FHA-approved lenders that regularly buy and sell loans provided examples of the quality control procedures used by their firms to review both underwriting and servicing aspects of loan purchase transactions.
Due to the importance of this matter, the department is considering amending its regulations to require prepurchase quality control reviews. Until such regulations are issued, the department will publicize through Mortgagee Letters prudent practices currently being used by the industry.
As such, this letter is the first in a series of Mortgagee Letters on prudent due diligence. Because of its focus on predatory lending, this letter concentrates on due diligence reviews of how loans were originated and underwritten. Future Mortgagee Letters will focus on related matters ...
Source: HighBeam Research, A Warning About Need For Due Diligence.(Federal Housing...