First 15 Banks That HUD Accounts for High Claims Rate for FHA Loans

Yesterday, The Truth About Mortgage lists the first 15 Banks in America that have received a subpoena for a high claims rate on their FHA mortgages. These banks were recognized first because of their high number of failed loans that resulted in the FHA mortgage insurance fund to be debited.
TheTruthAboutMortgage.com quoted Inspector General Kenneth M. Donohue saying, “The goal of this initiative is to determine why there is such a high rate of defaults and claims with these companies and whether there is wrongdoing involved”.
Between the fallout list on America's renown Imploded-O-meter , and the number of banks that have been brought under indictment by the federal government, and the mergers of major banks, Americans had started to think that the surprises within this industry were over. Maybe this is a sign of, "oh contrar mo frar".
The Inspector General did say that they have no evidence in this situation of 15 targeted lenders, but if this story/investigation follows in the footsteps of other investigations that have become the long arm of the law, and literally reached into the deep pockets of America's lending establishments that were figured to have deeper roots than a 100 year old Red Wood, OH there will be casualties!
To read more on this list of banks, go directly to the source that I picked it from. http://www.thetruthaboutmortgage.com.
Below is the list of banks that were served subpoenas:
These lenders and banks are not guilty and there is no hard evidence to say that they have done anything wrong. HUD has only "smelt smoke" and is doing it's investigation to see if there truly is a "fire".
The following companies were served subpoenas today:
First Tennessee Bank N.A., Memphis, TNAlethes LLC, Lakeway, TXSecurity Atlantic Mortgage Co., Edison, NJPine State Mortgage Corporation, Atlanta, GABirmingham Bancorp Mortgage Corporation, West Bloomfield, MIAlacrity Financial Services, LLC, Southlake, TXAssurity Financial Services, LLC, Englewood, COD and R Mortgage Corporation, Farmington, MIWebster Bank, Cheshire, CTMac-Clair Mortgage Corporation, Flint, MIAmericare Investment Group, Inc., Arlington, TX1st Advantage Mortgage, Lombard, ILAmerican Sterling Bank, Independence, MOSterling National Mortgage Company Inc., Great Neck, NYDell Franklin Financial LLC, Columbia, MD

RESPA Reform Changes...New GFE and HUD-1

Are you ready for the changes that the Federal Government have for us in the mortgage industry under RESPA reform effective January 1, 2010? The new version of the Good Faith Estimate or GFE as we speak in the mortgage business (Martian Language), and the HUD-1 HUD 1 settlement statement or 2010 is what I'm speaking more specifically about.
If you are in or have originated your loan before January 1st, you can continue to close the loan after January 1st under the old GFE/Good Faith Estimate, but the title company will close it on the new HUD-1.
What if you are using two loans to buy or refinance your home...like a piggy back and a first for example? You will issue a GFE for both loans and the title company will have two HUD-1's as well. No biggy there.
The Loan Officer AND the borrower will likely benefit from this if used properly. The design of the change is to empower the borrower a little more by "force", to be more accountable in their process of shopping, and in the same, hold the Lender/Loan Officer accountable for their GFE quote in the beginning. In my opinion, the change is a positive for the lender, but that is because I have never bait and switched or mislead intentionally. In the past, I have had a hard time getting through to borrowers that were a little suspect in the entire shopping process as a whole because of the reputation that comes with mortgage. Therefore, my explanation of how to shop, when they were doing it all wrong, was in one ear and out the other. NOW, the honest loan officers in the industry can relax and let the system force the borrower to shop properly.

The lenders and loan officers that have built their business on smoke and mirrors sales tactics with the GFE's and survived on selling rather than consulting will feel haunted now. Here is why. The GFE, the official one governed by RESPA, is not allowed to be issued unless there is a property...this is good because the uneducated shopper (speaking of buyers and not refinance prospects here) would many times spin their wheels shopping lenders before they ever found a home and then months later when they found the home, they would use which ever company they found the months before. That makes no sense, because a lot can change in a week, must less a month or more down the road. Now, when there is a property and a borrower asks for a Good Faith Estimate, that lender is held accountable at closing by the "system" in the new law. The final documents at closing will put the numbers from the GFE side by side with the final numbers on the HUD-1. If these numbers do not match up, or stay within variance by law, the lender is held accountable for the difference. You see where the dishonest loan officer here will not like the new style? I like it, and many of the loan officers in this industry I am friends with like it because now we don't have to worry about "frisbying" out our GFE wondering if some dishonest sales type is our competition where we'll lose a prospect to a lesser deal and lesser loan officer.
Lets get clear on something. There are circumstances in a transaction process that would require rates or fees to change midway through, and the new laws have made room for those and defined the circumstances that will allow a lender to change the settlement variables from the original GFE. Just make sure that you the borrower, or you the loan officer have your client sign the "Change of Circumstance Affidavit" at least 3 days before you want to close the loan...that is part of the new law. If the APR or fees change from the originally disclosed Truth In Lending or Good Faith Estimate (no called the 2010), you will need to redisclose and sign the GFE and Truth In Lending 3 days before close.