Pursuant to the requirements of the Housing and Economic Recovery Act of 2008 (HERA) that become law on July 30, 2008, FHA is revising its down payment and maximum mortgage requirements effective January 1, 2009, for all new FHA case number assignments on or after that date. A copy of Mortgagee Letter 2008-23 (ML 2008-23) is attached to this memorandum and provides some guidance regarding the revised down payment and maximum mortgage requirements for single family mortgages insured by FHA.
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New FHA Mortgage Insurance Premiums – Mortgagee Letter 2008-22
Effective October 1, 2008, for new FHA case number assignments on or after that date, FHA will no longer base its mortgage insurance premiums on a combination of credit bureau score and loan-to-value ratio (Mortgagee Letter 2008-16). The new premiums (upfront and annual) to be implemented for all loans for which a case number is assigned on or after October 1, 2008, are described in Mortgagee Letter 2008-22. A copy of Mortgagee Letter 2008-22 (ML 2008-22) is attached to this memorandum.
Home Equity Lending – Revisions to Interpretations §§153.22, 153.84
The Finance Commission of Texas and the Texas Credit Union Commission (“Commissions”) have jointly revised the following home equity Interpretations: §153.22 (Copies of Documents) and §153.84 (Restrictions on Devices and Methods to Obtain a HELOC Advance) to comply with the December 4, 2007 amendments to §§50(a)(6) and (t)(3), Article XVI, of the Texas Constitution. These revised Interpretations are published in the July 4, 2008 issue of the Texas Register and became effective July 10, 2008.
FHA Mortgagee Letter 2008-17
The above captioned Mortgagee Letter was issued June 20, 2008 to remind lenders of existing FHA policy regarding the use of non FHA-approved mortgage brokers when originating FHA-insured mortgages. A copy of ML 2008-17 is attached.
RESPA: Proposed Rule to amend Regulation X (Federal Register, March 14, 2008, Pages 14030-14124).
This memorandum revises and replaces our April 14, 2008 memorandum on this subject. On March 14, 2008, the Department of Housing and Urban Development (“HUD”) published a proposed rule to amend Regulation X. If HUD adopts this rule, as proposed, it will have a significant impact on mortgage lending and closing practices.
Home Equity Lending – Proposed Amendments to Interpretations §§153.22, 153.51, and 153.84
The Finance Commission of Texas and the Texas Credit Union Commission (“Commissions”) jointly propose amendments to Interpretations 7 TAC §§ 153.22, 153.51, and 153.84 relating to interpretations of Sections 50(a)(6), (g), and (t)(3), Article XVI, Texas Constitution, regarding home equity lending on Texas homestead. These proposed amendments are published for comment in the March 14, 2008 issue of the Texas Register (Vol. 33, No. 11).
Proposed amendments to Regulation Z (Federal Register, Vol. 73, No. 6)
On January 9, 2008, the Board of Governors of the Federal Reserve System (“Board”) proposed significant amendments to Regulation Z, which are discussed in this memorandum. We believe these proposed amendments will have a dramatic impact on the way mortgage lending is conducted if the Board adopts them, as proposed.
Texas Home Equity Loans – New 12-day Notice and other Requirements
This memorandum is a follow-up to our November 1, 2007, memorandum on the same subject. Constitutional Amendment HJR 72, which amends the home equity provisions in Article 16, Section 50 of the Texas Constitution, approved by the voters on November 6, 2007, will take effect on December 4, 2007 (the date of the official vote canvass by the governor confirming statewide majority approval).
Mortgage Broker/Loan Officer- Revised Rules
In order to implement the recent legislative changes to the Mortgage Broker License Act (Chapter 156, Finance Code, herein the “Act”) made by House Bills 1716 and 2783 (see our Legislative Update dated August 6, 2007), the Finance Commission of Texas (“Finance Commission”) published in the November 2, 2007 issue of the Texas Register amendments to the following mortgage broker rules: 7 TAC §§80.1 – 80.7 (Licensing), §§80.12 – 80.14 (Administration and Records), §§80.20 and 80.21 (Inspections and Investigations), and §80.23 (Annual Reports). These amended rules become effective November 11, 2007.
FCC Rules on Unsolicited Facsimile Advertisements
Over the last several years we have periodically updated our clients on the status of the Federal Communications Commission’s rules on unsolicited facsimile advertisements (see memos dated August 18, 2003 (updated October 18, 2004 and June 28, 2005) and July 5, 2005). On April 5, 2006, in its Report and Order and Third Order on Reconsideration (“Order”), the Commission adopted its final rules regarding unsolicited facsimile advertisements. These rules became effective August 1, 2006, and implement the Telephone Protection Act of 1991 (Public Law No. 102-243) and the Junk Fax Prevention Act of 2005 (Public Law No. 109-21), codified at 47 U.S.C. §227.