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Florida Housing Finance Corporation Training Presentation

Florida Housing Finance Corporation Training Presentation. Sally Mazzola UW/Closing/Delivery Overview. Rev. 12.12.11. Disclaimer. This presentation represents only a general overview of the bond program. It is the lender’s responsibility to follow

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Florida Housing Finance Corporation Training Presentation

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  1. Florida Housing Finance CorporationTraining Presentation Sally Mazzola UW/Closing/Delivery Overview Rev. 12.12.11

  2. Disclaimer This presentation represents only a general overview of the bond program. It is the lender’s responsibility to follow all specific Federal, Agency and Bond program guidelines.

  3. Agency Announcements/Bulletins Lenders are responsible for keeping updated on all Announcements and Bulletins released by Agencies U S Bank requires lenders adhere to all terms and conditions of these announcements unless otherwise instructed U S Bank Help Desk (MRBP Division) will advise lenders of any updates by bulletin

  4. Product & Underwriting Overview

  5. Government-Eligible Loan Products • FHA Products • 203b - FHA • 203ks – Streamline Rehab • 203h - Disaster Victims • 234c – Condo • FHA loans only 2-1 buy downs are permitted • VA Products

  6. Conventional- Eligible Products • Fannie Mae MyCommunityMortgage (MCM) • Fannie Mae Standard products • Freddie Mac Home Possible products

  7. Loan Products Not Permitted • Fannie Mae Flex products • Split Loan Products (80/20, 80/15/5 etc.) • 203k Rehab • ParticipatingLenders- Government products with FICO scores <620 will not be accepted (Reference bulletin 2011-18) • Correspondent lenders of USBHM should follow specific U.S. Bank guidelines for FICO score limits • Manufactured housing (Conv., VA & RD) • Note: For borrowers with no credit scores, manual underwrite is permitted as a non-traditional.

  8. Conventional Product Comparison MyCommunityMortgage / Home Possible Standard Eligible Properties: Single Family Single Family Condo’s permitted No condos, manufactured or coops No Manufactured or Coops Eligible Loans: DU approved DU-NoEA’s / LP accept w. including EA1 or manual 45% DTI permitted, restricted UW to 95% LTV HomePossible- LP accept / Limited to 45% DTI/ 95% LTV LLPA’s & Adverse Market Fees: LLPA’s pd. By FHFC LLPA & Adverse pd. by buyer or MCM only seller Adverse.25% pd. by buyer or seller

  9. Conventional Product Comparison MyCommunity Mortgage / Home Possible Standard Maximum LTV/CLTV MCM: 97% / 105% 97% / 105% w. w. community 2nd community 2nd No minimum LTV Condos limited to 95% LTV Maximum LTV/TLTV HP: 95% Not permitted

  10. Conventional Product Comparison MyCommunity Mortgage / Home Possible Standard Manual UW Fannie only: LTV/CLTV: 95% FICO >660 Per Selling Guide Limited to 43% for total DTI DU (limited to 45% DTI 45% with strong compensating factors restricts to 95% LTV MI companies may restrict to 90% LTV AUS: MCM – DU / Limited to 45% DTI HomePossible- LP accept / Limited to 45% DTI Non-Traditional Credit UW Maximum: LTV 95% Not permitted (with no credit) MCM or HP only

  11. Conventional Product Comparison MyCommunity Mortgage / Home Possible Standard Pre-Closing Homebuyer Education: Required form at closing Refer to Florida’s website for for approved HBE options Early Delinquency Counseling: Required form at closing Required form at closing Min Borrower None3% of borrowers own resources Funds: No contribution if < 80% LTV MI may requireGifts & grants and Community 1% or $1,000 2nds considered borrowers own funds

  12. Conventional Product Comparison MyCommunity Mortgage/ Home Possible Standard Seller Contributions: > 90% LTV=3%>90% LTV = 3% < 90.01% LTV=6% < 90.01% LTV = 6% Other: May not own another residential property N/A Freddie Mac All loans must be submitted through LP only Home Possible:NO manual underwrite Risk Class: LP Accept Max DTI: 45% LTV or CLTVMin. FICO Max LTV/CLTV: 95% / 95% 80% and under Credit score >620 95% / 95% Over 80% Credit score >700

  13. Conventional Product Comparison MCM / HP Standard Additional variance: Non-occupant co-signer signing only Note. May ignore DU non- occupant co-signer messaging. Limited to 90% LTV / Occupant DTI 55% Income Limits: Above Fannie’s 100% AMI permitted as long as checked to ensure limits are within Florida’s limits or use income AUS adjustor button to increase limit to Florida’s

  14. MI Coverage Comparison MCM/HP Standard Fannie 80.01-85% LTV: 6% 12% 85.01-90% LTV: 12% 25% 90.01-95% LTV: 16% 35% 95.01-97% LTV: 18% N/A HP Single Premium Financed: MCM: up to 97% Up to 95% standard coverage HomePossible: up to 95% Note: All applicable Special Feature Codes and Special Characteristic Codes must be listed on the 1008

  15. Automated Underwriting Systems • The following automated systems (AUS) are approved for use in the bond program • Conventional Loan Types: • Fannie Mae loans (DU) Only • Freddie Mac loans (LP) Only • Government Loan Types: • FHA & VA loans (DU or LP) • If manual underwrite is necessary, full documentation is required Other customized automated underwriting systems are not acceptable at this time.

  16. Appraisals/Condo Requirements • USBHM will require a full appraisal report unless otherwise indicated on DU findings • Condominiums - Please follow all agency guidelines relative to loan product you are originating

  17. Manufactured Housing • Manufactured Homes are permitted on FHA loans only • Reference USBHM’s website for manufactured housing guidelines at www.mrbp.usbank.comselect U S Bank Lending manuals, click on Manufactured Housing icon • Read & comply with all Agency & U S Bank guidelines prior to loan closing! • Title must be surrendered at closing

  18. Secondary Financing Non-HFA provided Down Payment Assistance Programs USBHM does not approve your secondary financing programs Funding source for the DPA program must be: • Must meet Agency (HUD, Fannie, & VA) requirements • Stated on the 1003 and HUD-1 • Loan product, down payment source & amount reflected on the 1008 or LT92900 form Exception: DPA programs that contain Shared Equity component must be reviewed and approved by U.S. Bank Home Mortgage, Underwriting Department send program description to www.bedfordmrb@usbank.comor call 1-800-562-5165

  19. Mortgage Disclosure Improvement Act (MDIA) Real Estate Settlement Procedures Act (RESPA) High Priced Mortgage Loans (HPML)

  20. Mortgage Disclosure Improvement Act • All amortizing loans (includes Hami) delivered for purchase REQUIRED to have: • Early TIL- Delivered or mailed to borrower(s) no later than 3 general business days after lender receives borrower(s) written application. • Corrective TIL- Any corrective TIL’s that were required, delivered or mailed to borrower(s) • Final TIL – Signed and dated at consummation • Initial loan application (1003) Signed & dated by interviewer • Reference USBHM bulletins: 2009-40, 2009-47, 2009-52, 2009-75 and any subsequent bulletins. • NOTE: Per bulletin 2011-03 – USBHM will require that all TILA disclosures be in the regulatory required format.

  21. MDIA/APR Tolerance • Corrective TIL is required when APR on the Early TIL disclosure increases by more than the .125% tolerance NOTE: ** USBHM will not purchase a loan which closed before the three or six precise business day waiting period has expired! Reference USBHM MRBP bulletin 2009-75

  22. Real Estate Settlement Procedures Act (RESPA) The following slides represent U.S. Bank Home Mortgage-MRBP Division’s RESPA related policies and procedures. For questions related to other RESPA regulations, please consult with your Legal Counsel or Compliance Department The information provided is a summary of USBHM-MRBP bulletin 2009-89

  23. Real Estate Settlement Procedures Act (RESPA) • GFE must be provided no later than 3 business days after lender either receives application or obtains information sufficient to complete and application. • Essential loan terms and costs must be disclosed and remain in effect for at least 10 business days Page 1 must show: • Initial loan amount, term, and interest rate • Initial monthly payment amount • Whether there was an interest rate change increase • Whether loan allows for negative amortization, provides for a pre-payment penalty or a balloon payment • Total origination charges and charges for other settlement services • REQUIRED: Each individual loan requires a separate GFE & HUD-1 i.e. 1st and 2nd (Hami or Florida Assist mortgage loans must be completed by lender and provided to USBHM with file • GFE format cannot be altered in any way USBHM Reference Bulletins: 2009-84, 2009-89, 2010-02, 2010-03, 2010-36 and 2010-37

  24. Real Estate Settlement Procedures Act (RESPA) Changed Circumstances • When changed circumstance has occurred, lender MUST issue a revised GFE within 3 business days of receipt of the information that triggered a changed circumstance • Loan officer is bound to GFE tolerances unless new GFE provided; ONLY changed circumstances allow re-disclosure of certain terms on GFE • If lender provides a revised GFE based on a changed circumstance, documentation must be retained in loan file for at least 3 years after settlement. • Note: Reference RESPA guidelines for definition of a changed circumstance.

  25. Real Estate Settlement Procedures Act (RESPA) Tolerances • The first “fixed” tolerance is 0% and applies to all lender and mortgage broker origination fees. None of these items may exceed the amount disclosed on the GFE by any amount. • The second is 10% and applies to total of: • All lender required settlement services paid to providers selected by lender • All lender required settlement services paid to providers selected by borrower from lender-provided lists • Premiums for optional owners’ title insurance selected by borrower from lender provided lists • Government recording fees This means sum of actual charges cannot exceed sum of charges disclosed on the GFE for these items by 10%

  26. Real Estate Settlement Procedures Act (RESPA) Tolerances continued…. • The third tolerance is for fees that may change at settlement (no tolerances apply) • Required services the borrower shops for • Title services and lenders title insurance not ID by lender • Owner’s title insurance not identified by lender • Initial deposit for escrow account • Daily interest charges • Homeowners insurance

  27. Real Estate Settlement Procedures Act (RESPA) U.S. Bank’s File Review U.S. Bank Home Mortgage-MRBP staff performs a basic compliance review of the GFE document to ensure compliance with the following: • Ensure GFE is on proper form • Ensure HUD-1 is on proper form • Verify “Loan Terms” on HUD-1 match “Summary of Your Loan” on the last issued GFE. • Verify HUD-1 is within acceptable tolerances with last GFE issued including a review of charges that cannot increase by more than 10% • Verify lender provided acceptable cure documentation, if applicable Post Settlement Cure: HUD allow lenders a 30-day cure period from date of borrower’s signed closing documents for violating GFE/HUD-1 fee tolerances. Lenders exceeding fee tolerances will be in violation of Section 5 of RESPA. USBHM must receive proof of refund to borrower and a corrected HUD-1, from settlement agent prior to loan purchase. NOTE:If there is a known issue, don’t wait until USBHM has reviewed as you may exceed the 30-day cure period for correction.

  28. Reg Z -High Priced Mortgage Loans (HPML) • Loans purchased by USBHM must comply with TILA requirements and changes to Reg Z regarding HPML’s • You may have a HPML loan • When to Test: • Time of Early TIL disclosure • Time of locking the loan • Time of any Corrective TIL disclosure and • Time of Final TIL prior to closing Reference USBHM MRBP bulletin 2009-69 for details on HPML requirements

  29. Closing / Delivery / Purchase & Post-Closing Overview Closing, Delivery, Purchase and Post-Closing Overview

  30. Preparing to Deliver Loan Officers, Underwriters, Processors, Shippers & Closers should review the guides and documentation required prior to closing Closing instructions, document preparation and appropriate disclosures are to be done by you and closed in your name Provide updated or complete Contact Information Sheet and submit to USBHM if you haven’t already done so Access the USBHM website at www.mrbp.usbank.com or on the Ehousing website to obtain the information

  31. US Bank Home Mortgage - MRBP Division Lender Contact Information / Authorization Bond Program: _________________________________________________________ Lender Name: _________________________________________________________ Mailing Address: _________________________________________________________ _________________________________________________________ Main Phone Number:_________________________________________________________ Main Fax Number: _________________________________________________________ Website (if applicable) _________________________________________________________ MERS ID # (if applicable): _________________________________ Name Main Contact: ______________________ Phone_______________Fax______________ Main Contact E-mail: ______________________ Bulletin Contact: ______________________ Phone_______________Fax______________ Bulletin Contact E-mail: ______________________ Underwriting Manager: ______________________ Phone_______________Fax______________ Underwriting E-mail: ______________________ Shipping Supervisor: ______________________ Phone_______________Fax______________ Shipping E-mail: ______________________ Shipping Staff: ______________________ Phone_______________Fax______________ Processing Manager: ______________________ Phone_______________Fax______________ Processing E-mail: ______________________ Exception Contact: ______________________ Phone_______________Fax______________ Exceptions E-mail: ______________________ Final Documents: ______________________ Phone_______________Fax______________ Final Docs E-mail: ______________________ Lender Scorecard Recipient: ________________________ Phone_______________Fax______________ Scorecard E-mail: ______________________ Wire Instructions: Bank Name: __________________________________________________________ ABA Number: ______________________ Account Number:_____________________ Account Name: ______________________________________________________ Purchase Advice Attn: _________________________ Phone: _________________________ Fax # for Purchase Advice: _________________________ E-Mail address: _________________________ Authorized Signature: _________________________ Fax this completed authorization form to: 866-476-5584 -OR- Scan and email this completed authorization form to: mrbp.helpdesk@usbank.com Updated – 7-1-10

  32. Loan File Submission Process • Ship loan(s) immediately after closing within required guidelines • Reservation to Exceptions Cleared, Loan Purchased = 115 days • Complete Loan Delivery Checklist for loan type you are shipping • All documentation is completed & correctly executed prior to shipping

  33. Collateral • ORIGINAL NOTE: • Endorsed to U.S. Bank National Association • Name Affidavit Required, if Borrower(s) undersign • Borrowers typed name(s) under signature line • Co-Signers are to execute NOTE only • Be sure intangible tax verbiage reads as follows: • THIS NOTE AND THE MORTGAGE SECURING THIS NOTE ARISE • OUT OF OR ARE GIVEN TO SECURE THE REPAYMENT OF A LOAN • ISSUED IN CONNECTION WITH THE FINANCING OF HOUSING AND • ARE EXEMPT FROM DOCUMENTARY STAMP TAX AND INTANGIBLE • TAX PURSUANT TO SECTION 420.513(1), FLORIDA STATUTES

  34. Collateral • MORTGAGE: (copy) • Be sure intangible tax verbiage reads as follows: “THIS MORTGAGE AND THE NOTE SECURED BY THIS MORTGAGE ARISE OUT OF OR ARE GIVEN TO SECURE THE REPAYMENT OF A LOAN ISSUED IN CONNECTION WITH THE FINANCING OF HOUSING AND ARE EXEMPT FROM DOCUMENTARY STAMP TAX AND INTANGIBLE TAX PURSUANT TO SECTION 420.513(1), FLORIDA STATUTES

  35. Collateral • RIDERS: (copy) • Tax Exempt Rider (required on all tax exempt bond loans) Original MUST be recorded with mortgage • Other applicable riders (condo, pud, etc.) • ASSIGNMENT: (copy) – if not a MERS lender • Assigned to U.S. Bank National Association

  36. FL Assist /HAMI Programs • 1) Original Note to USBHM • Copy of Mortgage (with complete legal description) • DPA Acknowledgement Form (signed by borrower) in file submission • Correct tax verbiage appears on the Note and Mortgage • HAMI LOANS – Early and Final T-I-L’s are required for USBHM to purchase • Florida Assist – TIL is not a requirement of purchase by USBHM, however if your company policy/procedures do require completion of the TIL, then follow internal guidelines • Lenders are to fund 1st and 2nd mortgages USBHM will reimburse at purchase • Be sure to use the correct pre-printed forms located on Ehousing website

  37. Hazard / Flood Hazard / Flood / Wind / Sinkhole Insurance Coverage & Deductible Requirements

  38. Coverage Requirements-Hazard Ins. • Amount of Coverage 1-4 Family properties must equal the higher of: • The loan amount or • 100% replacement cost of the insurable improvements as determined by the property insurer • Full replacement cost coverage is also acceptable Condo’s & PUD’s amount of coverage must equal: • 100% of the insurable improvements on a replacement cost basis. Blanket coverage is also acceptable. • HO-6 insurance requires that policy be equal to at least 20% of the appraised value of the unit, unless Home Owner Association insurance covers the “walls in” content (Note: This must be escrowed for)

  39. Coverage Requirements-Flood Ins. Amount of coverage for single family dwelling,1-4 Family unit, PUD or detached individual condo unit must equal the lower of: • Loan amount • Replacement cost of the insurable improvements or • Maximum amount of coverage sold under applicable program of the NFIP for the type of improvements Condo (if high rise or vertical dwelling unit • The building replacement cost or • $250,000 multiplied by number of residential units in the building • Condo properties in a flood zone will require the number of units to covered by both hazard and flood policies

  40. UpdatedSinkholeCoverage Guidelines • Effective for loans closing on or afterDecember 7, 2011 per USBHM bulletin 2011-48 • Sinkhole coverage will NOT be required in the state of Florida unless the following is identified: • If appraiser has identified any settlement deficiencies and is referenced on property appraisal a Sinkhole Inspection will be required • Based on the Sinkhole Inspection, sinkhole insurance may be necessary • USBHM will require a copy of the sinkhole inspection report to be included in loan file delivered for purchase should there be evidence of settlement deficiencies referenced on the appraisal. In those instances when sinkhole coverage must be obtained please follow guidelines below for proof of coverage: • Same deductible requirements as homeowner insurance policy • Proof of coverage may consist of the following: • Clear evidence on declarations page of the hazard policy • Letter from insurance agent, on company letterhead referencing borrower, property address, policy # clearly stating borrower has sinkhole coverage and signed by the insurance agent • When sinkhole coverage is required, catastrophic ground collapse coverage is not acceptable in lieu of sinkhole coverage as it does NOT provide adequate coverage. It only pays out if property is uninhabitable

  41. Insurance Deductibles – Government Loans • Hazard / Flood / SinkholeHazard / Flood • Unless a higher maximum amount is required by state law, maximum deductible clause may not exceed the greater of $1,000 or 1 percent of the face amount of the policy • 1-4 family; Individual PUD units; Individual condo units (i.e. detached condo’s, town or row house) Deductibles may not exceed the higher of $1,000 or 1 percent of the policy’s insurance limits for all covered losses. • Association Policy requirements for CONDO/PUD Projects and common areas Windstorm / Hurricane The greater of $2,000 or 2% of the dwelling coverage

  42. Insurance Deductibles – Conventional loans • Hazard / Flood / Windstorm / Hurricane • Maximum deductible may not exceed 5 percent of the face amount of the insurance policy limits for dwelling coverage (applies to all perils) • For 1-4 family; Individual PUD units; Individual condo units (i.e. detached condo’s, town or row house) Maximum deductible may not exceed 5 percent of the face amount of the insurance policy (applies to all perils) • Association Policy requirements for CONDO/PUD Projects and common areas;

  43. Loan File and Post Close Trailing Document Deficiencies In order of the most common

  44. Loan File Deficiencies • Mortgage • Missing Tax Exempt Riders • Missing or incorrect tax verbiage information (corrective documentation does not state proper corrective verbiage) • Property address differs from other docs • Missing pages and/or legal description • Blank or incorrect notary section (missing county, borrower’s names, complete dates, seal or expiration date) • Note • Missing or incorrect endorsements (lenders not using U.S. Bank National Association) See Bulletin 2010-46 • Property address differs from other docs • Incorrect payment terms

  45. Loan File Deficiencies • Truth-In-Lending (TIL) • Early T-I-L not in file on 1st mortgage • Final T-I-L not in file • Corrective Final T-I-L, if applicable not in file • MI under disclosed or not disclosed in payment stream • Per Bulletin 2011-03 new form required • MDIA bulletins 2009-40 & 2009-52 for reference Note: If loan is not compliant, it will not be purchased by USBHM and will be cancelled and returned!

  46. Loan File Deficiencies • HUD-1 Settlement Statement • DPA not clearly identified or different amount than on other • documentation • Missing in file submission • Tolerance violation in GFE fee comparison with and no cure documentation in the file (USBHM bulletin 2009-89) • Missing monthly escrows or not collected escrows

  47. Loan File Deficiencies • Good Faith Estimate (GFE) • Most recently issued in file does not match loan terms at closing (See RESPA Bulletin 2009-89) Initial Loan Application • Interviewer date missing • Missing from file submission • Not properly documenting applicable date for timing of early TIL (see MDIA bulletins 2009-40 & 2009-52

  48. Loan File Deficiencies • Hazard & Flood Policies • Names & Addresses do not precisely match other docs • Flood coverage inadequate • Deductibles greater than what is required • Flood policy missing Flood Zone from Certification • Proof of payment not in file • Manufactured Housing Documentation • Exceptions identified related to USBHM 2007 bulletin • Not providing evidence of title being surrendered • Missing information on manufactured home not listed on Security instrument

  49. Loan File Deficiencies • Underwriting Documentation • Missing AUS (DU) findings in the file submission • Missing or unsigned 9-2900 or 1008 • Questions from that arise either from missing information or documentation provided that is not accurate (Conventional loans) Assignment • Missing from file • Missing all recordings of the mortgage • Not assigned correctly to U.S. Bank National Association (See USBHM Bulletin 2010-46 • Incorrect reference to lender, borrower, and/or property information from mortgage

  50. Loan File Deficiencies • FHA Connection • Closing date not correct • ADP code not correct • No evidence that UFMIP has been sent to FHA Compliance approval • Not providing Ehousing appropriate documentation in order to approve loan for purchase

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