Federal Housing Administration (FHA): Single Family Quality Assurance-Solicitation of Information on Quality Lending Practices, 41075-41077 [2013-16483]
Download as PDF
41075
Federal Register / Vol. 78, No. 131 / Tuesday, July 9, 2013 / Notices
Comments Due Date: September
9, 2013.
ADDRESSES: Interested persons are
invited to submit comments regarding
this proposal. Comments should refer to
the proposal by name and/or OMB
Control Number and should be sent to:
Colette Pollard, Reports Management
Officer, QDAM, Department of Housing
and Urban Development, 451 7th Street
SW., Room 4176, Washington, DC
20410–5000; telephone 202–402–3400
(this is not a toll-free number) or email
at Colette.Pollard@hud.gov for a copy of
the proposed forms or other available
information. Persons with hearing or
speech impairments may access this
number through TTY by calling the tollfree Federal Relay Service at (800) 877–
8339.
FOR FURTHER INFORMATION CONTACT:
Colette Pollard, Reports Management
Officer, QDAM, Department of Housing
and Urban Development, 451 7th Street
SW., Washington, DC 20410; email
DATES:
Information collection
Number of
respondents
Primary Applications ....
Finalists ........................
Total .............................
mstockstill on DSK4VPTVN1PROD with NOTICES
Title of Information Collection:
Innovation in Affordable Housing
Design Student Competition.
OMB Approval Number: N/A.
Type of Request: New.
Form Number: N/A.
Description of the need for the
information and proposed use: The
30
4
14
Authority: Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C. chapter 35.
Jkt 229001
Responses
per annum
1
1
2
This notice is soliciting comments
from members of the public and affected
parties concerning the collection of
information described in Section A on
the following:
(1) Whether the proposed collection
of information is necessary for the
proper performance of the functions of
the agency, including whether the
information will have practical utility;
(2) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) Ways to minimize the burden of
the collection of information on those
who are to respond; including through
the use of appropriate automated
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
HUD encourages interested parties to
submit comment in response to these
questions.
17:44 Jul 08, 2013
A. Overview of Information Collection
Frequency of
response
B. Solicitation of Public Comment
VerDate Mar<15>2010
Colette Pollard at
Colette.Pollard@hud.gov or telephone
202–402–3400. This is not a toll-free
number. Persons with hearing or speech
impairments may access this number
through TTY by calling the toll-free
Federal Relay Service at (800) 877–8339.
Copies of available documents
submitted to OMB may be obtained
from Ms. Pollard.
SUPPLEMENTARY INFORMATION: This
notice informs the public that HUD is
seeking approval from OMB for the
information collection described in
Section A.
Burden hour
per response
30
4
14
[FR Doc. 2013–16452 Filed 7–8–13; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5723–N–01]
Federal Housing Administration (FHA):
Single Family Quality Assurance—
Solicitation of Information on Quality
Lending Practices
Office of the Assistant
Secretary for Housing—Federal Housing
Commissioner, HUD.
ACTION: Notice.
AGENCY:
Through this notice, FHA
solicits comment from its approved
lenders, the lending industry generally,
consumers, consumer protection
agencies, and interested members of the
public on ways to improve the
efficiency and effectiveness of FHA’s
quality assurance process (QAP). The
objective of FHA’s QAP is to promote
quality lending practices by FHA’s
approved lenders; practices that protect
the consumer and mitigate risk for the
lender and FHA. The feedback that FHA
PO 00000
Frm 00051
Fmt 4703
Sfmt 4703
Annual burden
hours
80
40
120
Dated: July 1, 2013.
Jean Lin Pao,
General Deputy Assistant Secretary, Office
of Policy Development and Research.
SUMMARY:
Innovation in Affordable Housing
Design Student Competition is a new
initiative in which multidisciplinary
teams of graduate students will compete
to solve a real life problem faced by
public housing authorities using
innovations in affordable housing
design. The Competition aims to:
Encourage research and innovation in
quality affordable housing design that
strengthens the social and physical
fabric of low- and moderate-income
communities and neighborhoods; raise
practitioner and future practitioner
capacity to produce more livable and
sustainable housing for low- and
moderate-income people through
disseminating best practices; and to
foster cross-cutting team-work within
the design and community development
process.
Respondents (i.e. affected public):
Graduate Student Teams.
2400
160
2560
Hourly cost
per response
N/A
N/A
N/A
Annual cost
N/A
N/A
N/A
receives through this solicitation will
help inform FHA of next steps that FHA
may want to take to strengthen its
current QAP.
DATES: Comment Due Date: September
9, 2013.
ADDRESSES: Interested persons are
invited to submit comments regarding
this document to the Regulations
Division, Office of General Counsel,
Department of Housing and Urban
Development, 451 7th Street SW., Room
10276, Washington, DC 20410–0500.
Communications must refer to the above
docket number and title. There are two
methods for submitting public
comments. All submissions must refer
to the above docket number and title.
1. Submission of Comments by Mail.
Comments may be submitted by mail to
the Regulations Division, Office of
General Counsel, Department of
Housing and Urban Development, 451
7th Street SW., Room 10276,
Washington, DC 20410–0500.
2. Electronic Submission of
Comments. Interested persons may
submit comments electronically through
the Federal eRulemaking Portal at
www.regulations.gov. HUD strongly
encourages commenters to submit
comments electronically. Electronic
submission of comments allows the
commenter maximum time to prepare
E:\FR\FM\09JYN1.SGM
09JYN1
41076
Federal Register / Vol. 78, No. 131 / Tuesday, July 9, 2013 / Notices
and submit a comment, ensures timely
receipt by HUD, and enables HUD to
make them immediately available to the
public. Comments submitted
electronically through the
www.regulations.gov Web site can be
viewed by other commenters and
interested members of the public.
Commenters should follow the
instructions provided on that site to
submit comments electronically.
Note: To receive consideration as public
comments, comments must be submitted
through one of the two methods specified
above. Again, all submissions must refer to
the docket number and title of the document.
mstockstill on DSK4VPTVN1PROD with NOTICES
No Facsimile Comments. Facsimile
(FAX) comments are not acceptable.
Public Inspection of Public
Comments. All properly submitted
comments and communications
submitted to HUD will be available for
public inspection and copying between
8 a.m. and 5 p.m. weekdays at the above
address. Due to security measures at the
HUD Headquarters building, an
appointment to review the public
comments must be scheduled in
advance by calling the Regulations
Division at 202–708–3055 (this is not a
toll-free number). Individuals with
speech or hearing impairments may
access this number via TTY by calling
the Federal Relay Service at 800–877–
8339. Copies of all comments submitted
are available for inspection and
downloading at www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Kathleen A. Zadareky, Associate Deputy
Assistant Secretary for Single Family
Housing, Office of Housing, Department
of Housing and Urban Development,
451 7th Street SW., Washington, DC
20410–8000; telephone number 202708–3175 (this is not a toll-free
number). Persons with hearing or
speech challenges may access this
number through TTY by calling the tollfree Federal Relay Service at 800–877–
8339.
SUPPLEMENTARY INFORMATION:
I. Background
FHA has long required its approved
lenders to maintain and implement a
quality control plan (QCP).1 A copy of
the plan must be submitted by the
lender when applying for FHA lender
approval. FHA considers a QCP to be an
important part of a lender’s origination
and servicing operations. The purpose
of the QCP is to help ensure that the
lender maintains compliance with FHA
requirements and the lender’s own
1 See Chapter 7 of FHA’s Mortgagee Approval
Handbook (4060.1) at https://portal.hud.gov/
hudportal/HUD?src=/program_offices/
administration/hudclips/handbooks/hsgh/4060.1.
VerDate Mar<15>2010
19:11 Jul 08, 2013
Jkt 229001
policies and procedures. The QCP must
be sufficient in scope to enable the
lender to evaluate the accuracy, validity
and completeness of its loan origination
and servicing operations. Specifically,
the QCP should be designed to meet the
following basic goals: assure compliance
with FHA’s and the lender’s own
origination or servicing requirements
throughout its operations; protect the
lender and FHA from unacceptable risk;
guard against errors, omissions and
fraud; and assure swift and appropriate
corrective action.
In addition to the lender QCP, FHA
conducts an independent review of loan
endorsements through one or more
processes: post-endorsement technical
reviews, Quality Assurance Division
reviews and targeted lender reviews.
Each of these approaches has a targeted
sampling methodology. FHA also relies
on certain metrics as part of its QAP.
For example, for each lender, FHA
computes a Compare Ratio, which
measures the early default and claim
rate on that lender’s FHA mortgages,
relative to the early default and claim
rate on all FHA mortgages in that given
geographic area.
Over the last few years, FHA has
taken several steps to strengthen FHA’s
oversight functions, and conducting an
examination of FHA’s single family
QAP is another step in that direction.
FHA is evaluating single family quality
assurance alternatives that would better
align with FHA’s mission. Specifically,
FHA seeks to ensure that it maintains
and improves a quality assurance
framework that does not hinder or
dissuade lending to FHA-targeted
populations, enhances the efficiency
and effectiveness of the QAP, ensures
compensation to FHA for defects
resulting from the lender manufacturing
process, and applies fairly to all lenders.
FHA also seeks a framework that
ensures that loans are reviewed within
a reasonable time period, postendorsement, to allow FHA to use loan
quality findings to improve credit policy
and to allow lenders to improve their
FHA origination practices. Any changes
initiated as a result of this solicitation
will be prospective only, and will not
apply to any pending claims, reviews, or
enforcement actions.
II. Solicitation of Comment
As part of FHA’s own evaluation of
the QAP, FHA welcomes input from
warehouse lenders, retail lenders,
mortgage bankers, wholesale lenders,
mortgage brokers, federal, state, and
local consumer protection and
enforcement agencies, consumer groups
and other interested parties in the
mortgage lending industry and the
PO 00000
Frm 00052
Fmt 4703
Sfmt 4703
broader public. FHA specifically seeks
input that addresses one or more of the
following areas, which are the current
focus of FHA regarding the QAP:
1. Loan defect and appropriate
consequence (e.g. indemnification, other
administrative remedies). What types of
loan manufacturing or compliance
defects found in the QAP should be
subject to indemnification or other
administrative remedies or a
combination of responses?
2. Annual review and comparison of
rate of early defaults and claims. FHA
is currently required by statute to
review, at least annually, the rate of
early defaults and claims for FHAinsured single family mortgages
originated and underwritten by each
mortgagee and, for each mortgagee, to
compare these rates to those of other
mortgagees originating or underwriting
mortgages in the same geographic area.
FHA is examining how, within the
current parameters, the review and
comparison may achieve an improved
assessment of a mortgagee’s
performance. For example, whether
FHA should establish a specific
standard of defaults and claims which
mortgagees should not exceed within a
given construct. This standard would be
based on FHA’s review of all
mortgagees’ performance in the area,
thus undertaking the statutorily
required comparative review, but would
also be based on certain specified
criteria that reflect generally accepted
practices of prudent and responsible
lending.
3. Standard of overall manufacturing
quality. FHA is considering whether to
establish a threshold manufacturing (or
loan deficiency) risk tolerance. Such a
standard might set a maximum
threshold for the percent of loans with
defects, or unacceptable patterns of
recurring defects that, when surpassed,
would automatically subject that lender
to additional oversight, or trigger
enforcement action.
4. Statistical sampling. FHA is also
considering whether to establish a
process to review a statistically
significant random sample of loans for
each mortgagee within a prescribed time
frame after loan endorsement. Lenders
would receive feedback on findings
within an established timeframe. FHA
would use the statistical sample, to
estimate the defect rate on each lender’s
overall FHA portfolio and then
extrapolate the origination defect rate to
all lender originations during the
sampled time period, and thus have the
lender compensate FHA for the
estimated total risk to FHA resulting
from the lender’s origination processes.
The purpose of this process would be to
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09JYN1
Federal Register / Vol. 78, No. 131 / Tuesday, July 9, 2013 / Notices
increase the efficiency of FHA’s postendorsement review process. HUD
invites comment on the use of and
optimal methodology for a statistically
significant random sample, including
the nature of the loans that should be
included or excluded from the sample.
While FHA specifically seeks
comment on the four areas identified
above, FHA welcomes comment on all
issues related to its QAP and how this
process may be improved. Based on
information received in response to this
solicitation, FHA will decide what, if
any, action may be appropriate with
regard to FHA’s Single Family Quality
Assurance practices.
Dated: July 3, 2013.
Carol J. Galante,
Assistant Secretary for Housing–Federal
Housing Commissioner.
[FR Doc. 2013–16483 Filed 7–8–13; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLUT92230–13–L51100000–GA0000–
LVEMJ12CJ580, UTU–88953]
Notice of Availability of the
Environmental Assessment and Notice
of Public Hearing for Federal Coal
Lease Application, UTU–88953, UT
Bureau of Land Management,
Interior.
ACTION: Notice of Availability and
Notice of Public Hearing.
AGENCY:
In accordance with Federal
coal management regulations, the
Wasatch Natural Resources, LLC,
Federal Coal Lease-By-Application
(LBA) Environmental Assessment (EA)
is available for public review and
comment. The United States
Department of the Interior, Bureau of
Land Management (BLM) Price Field
Office will hold a public hearing to
receive comments on the EA, Fair
Market Value (FMV), and Maximum
Economic Recovery (MER) of the coal
resources for the Long Canyon Coal
Lease Tract, serial number UTU–88953.
DATES: The public hearing will be held
at the Price Field Office on July 31, 2013
at 7:00 p.m. Written comments should
be received no later than August 8,
2013.
ADDRESSES: The public hearing will be
held at the BLM Price Field Office, 125
South 600 West, Price, Utah 84501.
Copies of the EA and the unsigned
Finding of No Significant Impact
(FONSI) are available at the Price Field
Office. The hearing will be advertised in
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
17:44 Jul 08, 2013
Jkt 229001
the Sun Advocate located in Price, Utah.
Written comments on the EA should be
sent to: Steve Rigby at the Price Field
Office address above. Written comments
on the FMV and MER should be sent to
Jeff McKenzie, BLM, Utah State Office,
Division of Lands and Minerals, 440
West 200 South, Suite 500, Salt Lake
City, Utah 84101. Please note ‘‘Coal
Lease By Application UTU–88953’’ in
the subject line for all emails or mailing
envelops.
FOR FURTHER INFORMATION CONTACT: Jeff
McKenzie at 801–539–4038,
jmckenzi@blm.gov or Mr. Steve Rigby,
435–636–3604, swrigby@blm.gov.
Persons who use a telecommunications
device for the deaf (TDD) may call the
Federal Information Relay Service
(FIRS) at 800–877–8339 to contact the
above individual(s) during normal
business hours. The FIRS is available 24
hours a day, 7 days a week, to leave a
message or question with the above
individual. You will receive a reply
during normal hours.
SUPPLEMENTARY INFORMATION: Wasatch
Natural Resources, LLC, submitted the
coal lease application. The EA addresses
the cultural, socioeconomic,
environmental and cumulative impacts
that would likely result from leasing
these coal lands. The lands included in
the Long Canyon Coal Lease Tract are
located in Carbon County, Utah,
approximately 1 mile north and east of
Scofield, Utah, on private surface with
federally-administered minerals and are
described as follows:
Salt Lake Meridian
T. 12 S., R 7 E.,
Sec. 28, E1⁄2E1⁄2;
Sec. 33, E1⁄2NE1⁄4;
T. 13 S., R 7 E.,
Sec. 1, SW1⁄4NW1⁄4;
Sec. 2;
Sec. 3, lots 1, 2, and 5 to 10, inclusive, and
SE1⁄4NE1⁄4, N1⁄2SW1⁄4;
Sec. 9, NE1⁄4, S1⁄2NW1⁄4, E1⁄2SW1⁄4,
E1⁄2SE1⁄4;
Sec. 10, and 11;
Sec. 12, W1⁄2W1⁄2;
Sec. 13, W1⁄2W1⁄2;
Sec. 14, and 15;
Sec. 16, E1⁄2E1⁄2;
Sec. 23;
Sec. 24, W1⁄2NW1⁄4, NW1⁄4SW1⁄4.
The areas described containing
approximately 5,586.90 acres.
The Long Canyon Coal Lease Tract
has two minable coal beds; the
Hiawatha and the UP beds. The minable
portions of the coal beds in this area
average 101⁄2 feet in thickness for the
Hiawatha and average six feet in
thickness for the UP. The applicant has
proposed to mine the underground coal
reserves with continuous mining
equipment. The tract is estimated to
PO 00000
Frm 00053
Fmt 4703
Sfmt 4703
41077
contain around 40.5 million tons of
recoverable high-volatile B bituminous
coal. The average coal quality, on an ‘‘as
received basis,’’ in the (1) Hiawatha coal
bed is as follows: 12,056 Btu/lb., 9.50
percent moisture, 6.10 percent ash,
40.80 percent volatile matter, 46.00
percent fixed carbon and 0.65 percent
sulfur, and (2) UP coal bed is as follows:
12,200 Btu/lb., 9.50 percent moisture,
5.90 percent ash, 40.40 percent volatile
matter, 45.60 percent fixed carbon and
0.60 percent sulfur. The public is
invited to make public and/or written
comments on the environmental
implications of leasing the proposed
tract, and also to submit comments on
the FMV and the MER of the tract.
Proprietary data marked as
confidential may be submitted to the
BLM in response to the solicitation of
public comments. Data so marked shall
be treated in accordance with the laws
and regulations governing
confidentiality of such information. A
copy of the comments submitted by the
public on the EA, FMV and MER, except
those portions identified as proprietary
by the author and meeting exemptions
stated in the Freedom of Information
Act, will be available for public
inspection at the BLM, Utah State
Office, 440 West 200 South, Suite 500,
Salt Lake City, Utah, during regular
business hours (7:45 a.m.– 4:30 p.m.),
Monday through Friday.
Substantive comments, whether
written or oral, will receive equal
consideration prior to any lease offering.
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Comments on the FMV and MER
should address, but not necessarily be
limited to, the following information:
1. The quality of the coal resource;
2. The method of mining to be
employed to obtain MER of the coal,
including specifications of seams to be
mined, and timing and rate of
production;
3. Whether this tract is likely to be
mined as part of an existing mine and
therefore should be evaluated on a
realistic incremental basis, in relation to
the existing mine to which it has the
greatest value;
4. Whether the tract should be
evaluated as part of a potential larger
mining unit and revaluated as a portion
E:\FR\FM\09JYN1.SGM
09JYN1
Agencies
[Federal Register Volume 78, Number 131 (Tuesday, July 9, 2013)]
[Notices]
[Pages 41075-41077]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16483]
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5723-N-01]
Federal Housing Administration (FHA): Single Family Quality
Assurance--Solicitation of Information on Quality Lending Practices
AGENCY: Office of the Assistant Secretary for Housing--Federal Housing
Commissioner, HUD.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Through this notice, FHA solicits comment from its approved
lenders, the lending industry generally, consumers, consumer protection
agencies, and interested members of the public on ways to improve the
efficiency and effectiveness of FHA's quality assurance process (QAP).
The objective of FHA's QAP is to promote quality lending practices by
FHA's approved lenders; practices that protect the consumer and
mitigate risk for the lender and FHA. The feedback that FHA receives
through this solicitation will help inform FHA of next steps that FHA
may want to take to strengthen its current QAP.
DATES: Comment Due Date: September 9, 2013.
ADDRESSES: Interested persons are invited to submit comments regarding
this document to the Regulations Division, Office of General Counsel,
Department of Housing and Urban Development, 451 7th Street SW., Room
10276, Washington, DC 20410-0500. Communications must refer to the
above docket number and title. There are two methods for submitting
public comments. All submissions must refer to the above docket number
and title.
1. Submission of Comments by Mail. Comments may be submitted by
mail to the Regulations Division, Office of General Counsel, Department
of Housing and Urban Development, 451 7th Street SW., Room 10276,
Washington, DC 20410-0500.
2. Electronic Submission of Comments. Interested persons may submit
comments electronically through the Federal eRulemaking Portal at
www.regulations.gov. HUD strongly encourages commenters to submit
comments electronically. Electronic submission of comments allows the
commenter maximum time to prepare
[[Page 41076]]
and submit a comment, ensures timely receipt by HUD, and enables HUD to
make them immediately available to the public. Comments submitted
electronically through the www.regulations.gov Web site can be viewed
by other commenters and interested members of the public. Commenters
should follow the instructions provided on that site to submit comments
electronically.
Note: To receive consideration as public comments, comments must
be submitted through one of the two methods specified above. Again,
all submissions must refer to the docket number and title of the
document.
No Facsimile Comments. Facsimile (FAX) comments are not acceptable.
Public Inspection of Public Comments. All properly submitted
comments and communications submitted to HUD will be available for
public inspection and copying between 8 a.m. and 5 p.m. weekdays at the
above address. Due to security measures at the HUD Headquarters
building, an appointment to review the public comments must be
scheduled in advance by calling the Regulations Division at 202-708-
3055 (this is not a toll-free number). Individuals with speech or
hearing impairments may access this number via TTY by calling the
Federal Relay Service at 800-877-8339. Copies of all comments submitted
are available for inspection and downloading at www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Kathleen A. Zadareky, Associate Deputy
Assistant Secretary for Single Family Housing, Office of Housing,
Department of Housing and Urban Development, 451 7th Street SW.,
Washington, DC 20410-8000; telephone number 202- 708-3175 (this is not
a toll-free number). Persons with hearing or speech challenges may
access this number through TTY by calling the toll-free Federal Relay
Service at 800-877-8339.
SUPPLEMENTARY INFORMATION:
I. Background
FHA has long required its approved lenders to maintain and
implement a quality control plan (QCP).\1\ A copy of the plan must be
submitted by the lender when applying for FHA lender approval. FHA
considers a QCP to be an important part of a lender's origination and
servicing operations. The purpose of the QCP is to help ensure that the
lender maintains compliance with FHA requirements and the lender's own
policies and procedures. The QCP must be sufficient in scope to enable
the lender to evaluate the accuracy, validity and completeness of its
loan origination and servicing operations. Specifically, the QCP should
be designed to meet the following basic goals: assure compliance with
FHA's and the lender's own origination or servicing requirements
throughout its operations; protect the lender and FHA from unacceptable
risk; guard against errors, omissions and fraud; and assure swift and
appropriate corrective action.
---------------------------------------------------------------------------
\1\ See Chapter 7 of FHA's Mortgagee Approval Handbook (4060.1)
at https://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/handbooks/hsgh/4060.1.
---------------------------------------------------------------------------
In addition to the lender QCP, FHA conducts an independent review
of loan endorsements through one or more processes: post-endorsement
technical reviews, Quality Assurance Division reviews and targeted
lender reviews. Each of these approaches has a targeted sampling
methodology. FHA also relies on certain metrics as part of its QAP. For
example, for each lender, FHA computes a Compare Ratio, which measures
the early default and claim rate on that lender's FHA mortgages,
relative to the early default and claim rate on all FHA mortgages in
that given geographic area.
Over the last few years, FHA has taken several steps to strengthen
FHA's oversight functions, and conducting an examination of FHA's
single family QAP is another step in that direction. FHA is evaluating
single family quality assurance alternatives that would better align
with FHA's mission. Specifically, FHA seeks to ensure that it maintains
and improves a quality assurance framework that does not hinder or
dissuade lending to FHA-targeted populations, enhances the efficiency
and effectiveness of the QAP, ensures compensation to FHA for defects
resulting from the lender manufacturing process, and applies fairly to
all lenders. FHA also seeks a framework that ensures that loans are
reviewed within a reasonable time period, post-endorsement, to allow
FHA to use loan quality findings to improve credit policy and to allow
lenders to improve their FHA origination practices. Any changes
initiated as a result of this solicitation will be prospective only,
and will not apply to any pending claims, reviews, or enforcement
actions.
II. Solicitation of Comment
As part of FHA's own evaluation of the QAP, FHA welcomes input from
warehouse lenders, retail lenders, mortgage bankers, wholesale lenders,
mortgage brokers, federal, state, and local consumer protection and
enforcement agencies, consumer groups and other interested parties in
the mortgage lending industry and the broader public. FHA specifically
seeks input that addresses one or more of the following areas, which
are the current focus of FHA regarding the QAP:
1. Loan defect and appropriate consequence (e.g. indemnification,
other administrative remedies). What types of loan manufacturing or
compliance defects found in the QAP should be subject to
indemnification or other administrative remedies or a combination of
responses?
2. Annual review and comparison of rate of early defaults and
claims. FHA is currently required by statute to review, at least
annually, the rate of early defaults and claims for FHA-insured single
family mortgages originated and underwritten by each mortgagee and, for
each mortgagee, to compare these rates to those of other mortgagees
originating or underwriting mortgages in the same geographic area. FHA
is examining how, within the current parameters, the review and
comparison may achieve an improved assessment of a mortgagee's
performance. For example, whether FHA should establish a specific
standard of defaults and claims which mortgagees should not exceed
within a given construct. This standard would be based on FHA's review
of all mortgagees' performance in the area, thus undertaking the
statutorily required comparative review, but would also be based on
certain specified criteria that reflect generally accepted practices of
prudent and responsible lending.
3. Standard of overall manufacturing quality. FHA is considering
whether to establish a threshold manufacturing (or loan deficiency)
risk tolerance. Such a standard might set a maximum threshold for the
percent of loans with defects, or unacceptable patterns of recurring
defects that, when surpassed, would automatically subject that lender
to additional oversight, or trigger enforcement action.
4. Statistical sampling. FHA is also considering whether to
establish a process to review a statistically significant random sample
of loans for each mortgagee within a prescribed time frame after loan
endorsement. Lenders would receive feedback on findings within an
established timeframe. FHA would use the statistical sample, to
estimate the defect rate on each lender's overall FHA portfolio and
then extrapolate the origination defect rate to all lender originations
during the sampled time period, and thus have the lender compensate FHA
for the estimated total risk to FHA resulting from the lender's
origination processes. The purpose of this process would be to
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increase the efficiency of FHA's post-endorsement review process. HUD
invites comment on the use of and optimal methodology for a
statistically significant random sample, including the nature of the
loans that should be included or excluded from the sample.
While FHA specifically seeks comment on the four areas identified
above, FHA welcomes comment on all issues related to its QAP and how
this process may be improved. Based on information received in response
to this solicitation, FHA will decide what, if any, action may be
appropriate with regard to FHA's Single Family Quality Assurance
practices.
Dated: July 3, 2013.
Carol J. Galante,
Assistant Secretary for Housing-Federal Housing Commissioner.
[FR Doc. 2013-16483 Filed 7-8-13; 8:45 am]
BILLING CODE 4210-67-P