Single Family Housing Guaranteed Loan Program, 26461-26465 [2016-10217]
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26461
Rules and Regulations
Federal Register
Vol. 81, No. 85
Tuesday, May 3, 2016
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
Rural Housing Service
7 CFR Part 3555
RIN 0575–AD00
Single Family Housing Guaranteed
Loan Program
Rural Housing Service, USDA.
Final rule.
AGENCY:
The Rural Housing Service
(RHS or Agency) is amending the
current regulation for the Single Family
Housing Guaranteed Loan Program
(SFHGLP) on the subjects of lender
indemnification, refinancing, and
qualified mortgage requirements. The
Agency is expanding its lender
indemnification authority for loss
claims in the case of fraud,
misrepresentation, or noncompliance
with applicable loan origination
requirements. This action is taken to
continue the Agency’s efforts to improve
and expand the risk management of the
SFHGLP. The Agency is amending its
refinancing provisions to simply require
that the new interest rate not exceed the
interest rate on the original loan and to
add a new refinance option,
‘‘streamlined-assist.’’ Finally, the agency
is amending its regulation to indicate
that a loan guaranteed by RHS is a
Qualified Mortgage if it meets certain
requirements set forth by the Consumer
Protection Finance Bureau (CFPB).
DATES: Effective June 2, 2016.
FOR FURTHER INFORMATION CONTACT:
Lilian Lipton, Finance and Loan
Analyst, Single Family Housing
Guaranteed Loan Division, STOP 0784,
Room 2250, USDA Rural Development,
South Agriculture Building, 1400
Independence Avenue SW.,
Washington, DC 20250–0784, telephone:
(202) 260–8012, email is lilian.lipton@
wdc.usda.gov.
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SUMMARY:
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Environmental Impact Statement
Classification
This document has been reviewed in
accordance with 7 CFR part 1940,
subpart G, ‘‘Environmental Program.’’ It
is the determination of the Agency that
this action does not constitute a major
Federal action significantly affecting the
quality of the human environment, and,
in accordance with the National
Environmental Policy Act of 1969,
Public Law 91–190, neither an
Environmental Assessment nor an
Environmental Impact Statement is
required.
This final rule has been determined to
be non-significant by the Office of
Management and Budget (OMB) under
Executive Order 12866.
Executive Order 12988, Civil Justice
Reform
DEPARTMENT OF AGRICULTURE
ACTION:
SUPPLEMENTARY INFORMATION:
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. Except where specified, all
State and local laws and regulations that
are in direct conflict with this rule will
be preempted. Federal funds carry
Federal requirements. No person is
required to apply for funding under this
program, but if they do apply and are
selected for funding, they must comply
with the requirements applicable to the
Federal program funds. This rule is not
retroactive. It will not affect agreements
entered into prior to the effective date
of the rule. Before any judicial action
may be brought regarding the provisions
of this rule, the administrative appeal
provisions of 7 CFR part 11 must be
exhausted.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), Public
Law 104–4, establishes requirements for
Federal agencies to assess the effect of
their regulatory actions on State, local,
and tribal governments and the private
sector. Under section 202 of the UMRA,
the Agency generally must prepare a
written statement, including a costbenefit analysis, for proposed and final
rules with ‘‘Federal mandates’’ that may
result in expenditures to State, local, or
tribal governments, in the aggregate, or
to the private sector, of $100 million, or
more, in any one year. When such a
statement is needed for a rule, section
205 of the UMRA generally requires the
Agency to identify and consider a
reasonable number of regulatory
alternatives and adopt the least costly,
most cost-effective, or least burdensome
alternative that achieves the objectives
of the rule. This final rule contains no
Federal mandates (under the regulatory
provisions of Title II of the UMRA) for
State, local, and tribal governments or
the private sector. Therefore, this rule is
not subject to the requirements of
sections 202 and 205 of the UMRA.
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Executive Order 13132, Federalism
The policies contained in this rule do
not have any substantial direct effect on
States, on the relationship between the
national government and States, or on
the distribution of power and
responsibilities among the various
levels of government. Nor does this rule
impose substantial direct compliance
costs on State and local governments.
Therefore, consultation with the States
is not required.
Regulatory Flexibility Act
In compliance with the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) the
undersigned has determined and
certified by signature of this document
that this rule change will not have a
significant impact on a substantial
number of small entities. This rule does
not impose any significant new
requirements on Agency applicants and
borrowers, and the regulatory changes
affect only Agency determination of
program benefits for guarantees of loans
made to individuals.
Executive Order 13175, Consultation
and Coordination With Indian Tribal
Governments
This executive order imposes
requirements on RD in the development
of regulatory policies that have Tribal
implications or preempt tribal laws. RD
has determined that the final rule does
not have a substantial direct effect on
one or more Indian Tribe(s) or on either
the relationship or the distribution of
powers and responsibilities between the
Federal Government and Indian Tribes.
Thus, this rule is not subject to the
requirements of Executive Order 13175.
If a Tribe determines that this rule has
implications of which RD is not aware
and would like to engage with RD on
this rule, please contact RD’s Native
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American Coordinator at (720) 544–
2911 or AIAN@wdc.usda.gov.
Executive Order 12372,
Intergovernmental Consultation
This program/activity is not subject to
the provisions of Executive Order
12372, which require intergovernmental
consultation with State and local
officials. (See the Notice related to 7
CFR part 3015, subpart V, at 48 FR
29112, June 24, 1983; 49 FR 22675, May
31, 1984; 50 FR 14088, April 10, 1985).
Programs Affected
This program is listed in the Catalog
of Federal Domestic Assistance under
Number 10.410, Very Low to Moderate
Income Housing Loans (Section 502
Rural Housing Loans).
Paperwork Reduction Act
The information collection and record
keeping requirements contained in this
regulation have been approved by OMB
in accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.). The assigned OMB control
number is 0575–0179.
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E-Government Act Compliance
The Rural Housing Service is
committed to complying with the EGovernment Act, to promote the use of
the Internet and other information
technologies to provide increased
opportunities for citizen access to
Government information and services,
and for other purposes.
Non-Discrimination Policy
The U.S. Department of Agriculture
(USDA) prohibits discrimination against
its customers, employees, and
applicants for employment on the bases
of race, color, national origin, age,
disability, sex, gender identity, religion,
reprisal, and where applicable, political
beliefs, marital status, familial or
parental status, sexual orientation, or all
or part of an individual’s income is
derived from any public assistance
program, or protected genetic
information in employment or in any
program or activity conducted or funded
by the Department. (Not all prohibited
bases will apply to all programs and/or
employment activities.)
If you wish to file a Civil Rights
program complaint of discrimination,
complete the USDA Program
Discrimination Complaint Form (PDF),
found online at https://
www.ascr.usda.gov/complaint_filing_
cust.html, or at any USDA office, or call
(866) 632–9992 to request the form. You
may also write a letter containing all of
the information requested in the form.
Send your completed complaint form or
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letter to us by mail at U.S. Department
of Agriculture, Director, Office of
Adjudication, 1400 Independence
Avenue SW., Washington, DC 20250–
9410, by fax (202) 690–7442 or email at
program.intake@usda.gov.
Individuals who are deaf, hard of
hearing or have speech disabilities and
you wish to file either an EEO or
program complaint please contact
USDA through the Federal Relay
Service at (800) 877–8339 or (800) 845–
6136 (in Spanish).
Persons with disabilities, who wish to
file a program complaint, please see
information above on how to contact us
by mail directly or by email. If you
require alternative means of
communication for program information
(e.g., Braille, large print, audiotape, etc.)
please contact USDA’s TARGET Center
at (202) 720–2600 (voice and TDD).
Background Information
On March 5, 2015, RHS published a
proposed rule with request for
comments for the Single Family
Housing Guaranteed Loan Program
(SFHGLP) (80 FR 11950–11954). Rural
Development received comments from
seventeen respondents. Comments were
from lenders, secondary market sources,
builders, and other interest groups.
Specific public comments and
substantive changes from the proposed
rule are addressed below in general
order of appearance in the regulation,
not based in the order of importance.
One respondent requested the Agency
to clarify when the rule would become
effective and what the trigger events
will be for the effective date of the
various requirements for loan
applications received by lenders on or
after the effective date of the final rule.
The final rule will become effective 60
days after its publication in the Federal
Register.
Refinancing (§ 3555.101(d))
Five respondents fully supported the
Agency’s proposal to amend its
refinancing provisions and add the
Streamlined-Assist Refinance option.
One respondent supported the
Streamlined-Assist Refinance program
but requested that the Agency: (1) Add
repayment requirements for remaining
borrowers; (2) limit costs to principal
and current interest charges due,
reasonable and customary reconveyance fee, and the upfront
guarantee fee; and (3) limit refinance
balance to original purchase loan
amount. The Agency believes the
Streamlined-Assist Refinance’s purpose
is to increase affordability for current
borrowers and implementing the
suggested changes will defeat the
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purpose of this option. No change is
made in this provision.
One respondent supported the
addition of the Streamlined-Assist
Refinance option but requested
clarification with regards to the
inclusion of the guarantee fee and
eligible closing costs. Eligible loan
purposes, including fees and closing
costs, will remain the same as described
on § 3555.101(d) for all refinancing
transactions. Closing costs may be
included in the refinance loan amount.
No change is made in this provision.
One respondent requested the
eligibility of non-section 502 loans to be
refinanced through the program, such as
balloon or ARM mortgage products, if
they meet USDA eligibility
requirements. The Agency does not
have statutory authority as this request
does not conform with the Housing Act
of 1949 limits on refinancing in this
program. No change is made in this
provision.
Indemnification (§ 3555.108(d))
Two respondents believe a five-year
indemnification period is too long and
requested the Agency to maintain the
current lender indemnification period of
24 months. The Agency will continue to
pursue a five-year indemnification
period, similar to those of other federal
agencies and as recommended by the
Office of Inspector General (OIG) Report
04703–003–HY. The rule has been
amended to clarify that the loan
originator will be required to indemnify
the Agency and not a subsequent holder
or acquirer of the loan. No other change
is made in this provision.
Two respondents requested the
Agency to amend its definition of
default accounts from 30 days
delinquent to 60 days. The Agency will
maintain the 30-day definition,
consistent with other federal agencies.
No change is made in this provision.
One respondent encouraged the
Agency to add a standard of materiality
for the underwriting defect and to
specify that there must be a connection
between the defect and the cause of
default by adding that ‘‘The Agency may
seek indemnification if fraud or
misrepresentation occurs in connection
with the origination and the lender
knew, or should have known about the
occurrence.’’ It also recommended the
Agency to clarify that an
indemnification does not affect the
guaranty status of the loan. RHS will
include the standard of materiality and
a provision that the loan note guarantee
of the holder will not be affected by
indemnification by the originating
lender.
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Qualified Mortgage (§ 3555.109)
Six respondents requested RHS to
update program guidance to incorporate
different points and fee limitations than
those proposed. The Agency will remain
consistent with the Consumer Financial
Protection Bureau (CFPB) and other
federal agencies in its points and fees
limitations. No change is made in this
provision.
Two respondents requested the
Agency to not adopt CFPB’s 43-percent
debt-to-income limit. The Agency had
not included any debt-to-income
limitation in the proposed rule. The
CFPB debt ratio limitations do not apply
to loans guaranteed by the Agency.
Until January 20, 2021 or the date on
which an agency rule defining qualified
mortgages becomes effective (whichever
is earlier), loans guaranteed by RHS are
presumed to be qualified mortgages
under 12 CFR 1026.43(e)(4).
Four respondents noted that Housing
Finance Agencies (HFA) loans are
exempt from the Qualified Mortgage
requirements and are automatically
classified as Qualified Mortgages
eligible for insurance through the
SFHGLP. The Agency is amending its
rule and will include language
exempting HFAs from the Qualified
Mortgage requirements.
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Principal Reduction (§ 3555.304(d))
One respondent wrote that the
Mortgage Recovery Advance (MRA)
already provides for principal
reductions, and that by separating
principal reduction from the MRA
would complicate the process because
loan servicers would now have to take
two steps instead of only one. The
respondent pointed out that if the PRA
is eventually forgiven, it would become
a tax liability to borrowers because the
Internal Revenue Service (IRS)
considers forgiven debt to be taxable
income. Struggling low or moderate
income borrowers may not be able to
handle the additional tax bill. The
respondent also indicated that since the
PRA results in an unsecured loan which
would not be forgiven if the borrower
re-defaulted on their mortgage, mortgage
loan servicers would be in a position of
collecting on an unsecured loan.
Mortgage loan servicers do not want to
collect unsecured loans, and the
respondent suggested that the agency
should collect the unsecured loans.
One respondent indicated that the use
of separate notes, one for an MRA and
one for a PRA, would complicate special
loan servicing workouts and may
confuse or overwhelm eligible
borrowers. The respondent indicated
that the Agency should consider
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keeping both the MRA and PRA
amounts as secured loans to avoid the
likelihood of borrower confusion. The
respondent also questioned how the
PRA would be impacted should the
borrower attempt to pay off the loan
before the three year period prior to
eligibility for debt forgiveness. Should
the PRA be forgiven, the respondent
suggested that the Agency should report
the forgiveness amount to the IRS, and
not the servicer. The respondent wrote
that should the PRA not be forgiven,
attempts to collect the unsecured loan
would be detrimental to borrowers
recovering from financial difficulties.
Attempts to collect unsecured PRAs,
suggested the respondent, could
ultimately be more costly to the Agency
than simply forgiving the amounts
advanced. Finally, the respondent
questioned whether the MRA and PRA
claims should be filed separately or
whether both amounts may be
submitted in the same claim. Separate
filings would be especially complicated
according to the respondent.
Two respondents requested the
Agency to eliminate the January 1, 2001
to January 1, 2010 timeframe restriction
on PRAs.
One respondent supported the
Principal Reduction Advance (PRA)
proposal but requested that lenders have
at least six months to implement the
policy in order to allow for internal
system integrations related to this
process.
After careful review and
consideration, the Agency agrees with
all the comments submitted, and has
decided to not implement the PRA
transaction as it had been proposed. The
original MRA procedure will remain
unaltered and the PRA will not become
a separate transaction.
Indemnification: In the Office of
Inspector General (OIG) Report 04703–
003–HY, SFH GL Loss Claims, the
Agency was requested to re-evaluate the
timeframe in which the Government can
seek indemnification for noncompliance
with regulations in loan origination.
Present language in 7 CFR
3555.108(d)(1) limits the
indemnification to losses if the payment
under the guarantee was made within
24 months of loan closing. Origination
defects which depart from Agency
requirements, however, may cause
defaults beyond 24 months from loan
closing. Similarly, claims arising from
defective originations may occur several
years after loan closing. The change will
trigger indemnification if the default
occurs within five years from
origination and the Agency concludes
the default arose because the originator
did not underwrite the loan according to
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Agency standards and guidelines,
regardless of when the claim is paid.
This is similar to how HUD and other
federal agencies operate.
The Agency may also seek
indemnification if the Agency
determines that fraud or
misrepresentation occurred in
connection with the origination of the
loan, regardless of when the loan closed.
7 CFR 3555.108(d)(2). This provision is
being clarified to state that the Agency
may seek indemnification in cases of
fraud or misrepresentation regardless of
when the loan closed or when the
default occurred.
In addition, the definition of
‘‘default’’ has been added to section
3555.10 to clarify that default is when
an account is more than 30 days
overdue. This is consistent with how
the term is used in the mortgage
industry.
Refinance: There are currently two
refinance options available to Section
502 borrowers, and the Agency is
adding a third option which has been
successfully tested in a pilot. The
Agency is amending section
3555.101(d)(3)(i) to remove the
requirement that the interest rate of a
refinanced loan be at least 100 basis
points below the original rate, and
instead to require that the new interest
rate not exceed the original interest
loan’s interest rate. The interest rate
reduction requirement has proven
problematic in rising rate environments.
For example, in the case of divorce, the
borrower may not be able to refinance
as required by their divorce decree or
judgment because they cannot secure an
interest rate at least 1 percent lower
than the first one.
The definition of ‘‘streamlined-assist
refinance’’ is being added to 7 CFR
3555.10. On February 1, 2012 RHS
created a refinancing pilot known as the
‘‘Rural Refinance Pilot.’’ The
streamlined-assist refinance differs from
the traditional refinance options in that
there is no appraisal or credit report
requirement in most instances, as long
as the borrower has been current on
their first mortgage for the previous 12
months and their new interest rate is at
least 1 percent lower than their first one.
A new appraisal is required for direct
loan borrowers who received a subsidy
for the purposes of calculating subsidy
recapture.
The pilot was designed to assist
existing Section 502 direct or
guaranteed loan borrowers in
refinancing their homes with greater
ease in thirty-five eligible states where
steep home price declines,
unemployment and persistent poverty
rates made refinancing a current
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mortgage into more affordable terms
difficult or impossible. Due to the
success of the pilot program, RHS will
adopt the pilot policy as a refinance
option for existing Section 502 direct or
guaranteed loan borrowers nationwide
in addition to the two traditional
refinance loan options of streamlined
and non-streamlined. The special
refinance loan option will be called
‘‘streamlined-assist.’’
This rule amends 7 CFR
3555.101(d)(3)(vi) to include
‘‘streamlined-assist’’ as one of three
available refinance loan options in
addition to the traditional
‘‘streamlined’’ and ‘‘non-streamlined’’
refinance loans. Section
3555.101(d)(3)(vi) discusses eligibility
requirements for each streamlined and
non-streamlined refinance loan. The
streamlined-assist refinance will have
the same features as the Rural Refinance
Pilot described above. Additional
eligibility criteria for refinance loans is
discussed in Section 3555.101(d)(3).
Qualified Mortgage: The agency is
changing Section 3555.109, to indicate
that a loan guaranteed by RHS meeting
certain CFPB requirements is a
‘‘Qualified Mortgage.’’
The CFPB published a ‘‘Qualified
Mortgage’’ rule (12 CFR part 1026)
which became effective January 10,
2014 and implemented in part the
Dodd-Frank Wall Street Reform and
Consumer Protection Act of 2010 (Pub.
L. 111–203). This rule requires creditors
to make a reasonable, good faith
determination of a consumer’s
repayment ability for any consumer
credit transaction secured by a dwelling,
and establishes a safe harbor from
liability for transactions that meet the
requirements for ‘‘qualified mortgages.’’
Currently, SFHGLP loans are considered
to be qualified mortgages if they meet
the requirements in 12 CFR
1026.43(e)(2)(i)–(iii) and the points and
fees limits in 12 CFR 1026.43(e)(3) until
RHS promulgates its own rules
regarding qualified mortgages, or
January 10, 2021, whichever is earlier.
(See 12 CFR 1026.43(e)(4)).
RHS guaranteed loans currently meet
these requirements. Therefore, section
3555.109 is clarifying that RHS
guaranteed loans which meet the CFPB
requirements in 12 CFR
1026.43(e)(2)(i)–(iii) and 12 CFR
1026.43(e)(3) are considered qualified
mortgages.
List of Subjects in 7 CFR Part 3555
Home improvement, Loan programs—
Housing and community development,
Mortgage insurance, Mortgages, Rural
areas.
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For the reason stated in the preamble,
Chapter XVIII, Title 7 of the Code of
Federal Regulations is amended as
follows:
PART 3555—GUARANTEED RURAL
HOUSING PROGRAM
1. The authority citation for Part 3555
continues to read as follows:
■
Authority: 5 U.S.C. 301, 42 U.S.C. 1471,
et seq.
2. Amend § 3555.10 by adding
definitions of Default and Streamlinedassist refinance in alphabetical order to
read as follows:
■
§ 3555.10
Definitions and abbreviations.
*
*
*
*
*
Default. A loan is considered in
default when a payment has not been
paid after 30 days from the date it was
due.
*
*
*
*
*
Streamlined-assist refinance. A
streamlined-assist refinance is an
abbreviated method of refinancing
which does not require a credit report,
or the calculation of loan-to-value or
debt-to-income ratios. Lenders must
verify that the borrower has been
current on their existing loan for the
preceding 12 month period.
*
*
*
*
*
■ 3. Section 3555.101 is amended by
revising paragraphs (d)(3)(i), (ii), and
(iv) to read as follows:
§ 3555.101
Loan purposes.
*
*
*
*
*
(d) * * *
(3) * * *
(i) Three options for refinancing may
be offered: Streamlined, nonstreamlined, and streamlined-assist.
Other than provided in this paragraph,
no cash out is permitted for any
refinance. Documentation costs and
underwriting requirements of subparts
D, E, and F of this part apply to
streamlined and non-streamlined
refinances.
(A) Lenders may offer a streamlined
refinance for existing Section 502
Guaranteed loans, which does not
require a new appraisal. The lender will
pay off the balance of the existing
Section 502 Guaranteed loan.
(B) Lenders may offer nonstreamlined refinancing for existing
Section 502 Guaranteed or Direct loans,
which requires a new and current
market value appraisal. The amount of
the new loan must be supported by
sufficient equity in the property as
determined by an appraisal. The
appraised value may be exceeded by the
amount of up-front guarantee fee
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financed, if any, when using the nonstreamlined option.
(C) A streamlined-assist refinance
loan is a special refinance option
available to existing Section 502 direct
and guaranteed loan borrowers.
Applicants must meet the income
eligibility requirements of § 3555.151(a),
and must not have had any defaults
during the 12 month period prior to the
refinance loan application. There are no
debt-to-income calculation
requirements, no credit report
requirements, no property inspection
requirements, and no loan-to-value
requirements. There is no appraisal
requirement except for Section 502
direct loan borrowers who have
received a subsidy.
(ii) The interest rate of the new loan
must be fixed and must not exceed the
interest rate of the original loan being
refinanced.
*
*
*
*
*
(iv) The loan security must include
the same property as the original loan
and be owned and occupied by the
borrowers as their principal residence.
*
*
*
*
*
■ 4. Amend § 3555.108 by revising
paragraph (d) to read as follows:
§ 3555.108
Full faith and credit.
*
*
*
*
*
(d) Indemnification. The loan note
guarantee will remain in effect for any
holder of the loan who acquired it from
an originating lender. If the Agency
determines that a lender did not
originate a loan in accordance with the
requirements in this part, and the
Agency pays a claim under the loan
guarantee, the Agency may revoke the
originating lender’s eligibility status in
accordance with subpart B of this part
and may also require the originating
lender:
(1) To indemnify the Agency for the
loss, if the default leading to the
payment of loss claim occurred within
five (5) years of loan closing, when one
or more of the following conditions is
satisfied:
(i) The originating lender utilized
unsupported data or omitted material
information when submitting the
request for a conditional commitment to
the Agency;
(ii) The originating lender failed to
properly verify and analyze the
applicant’s income and employment
history in accordance with Agency
guidelines;
(iii) The originating lender failed to
address property deficiencies identified
in the appraisal or inspection report that
affect the health and safety of the
occupants or the structural integrity of
the property;
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(iv) The originating lender used an
appraiser that was not properly licensed
or certified, as appropriate, to make
residential real estate appraisal in
accordance with § 3555.103(a); or,
(2) To indemnify the Agency for the
loss regardless of how long ago the loan
closed or the default occurred, if the
Agency determines that fraud or
misrepresentation was involved with
the origination of the loan.
(3) In addition, the Agency may use
any other legal remedies it has against
the originating lender.
■ 5. Add § 3555.109 to read as follows:
§ 3555.109
Qualified mortgage.
A qualified mortgage is a guaranteed
loan meeting the requirements of this
part and applicable Agency guidance, as
well as the requirements in 12 CFR
1026.43(e)(2)(i) through (iii) and 12 CFR
1026.43(e)(3). An extension of credit
made pursuant to a program
administered by a State Housing
Finance Agency is exempt from this
requirement as defined in 12 CFR
1026.43(a)(3)(iv). Lenders will be
allowed to cure unintentional errors and
retain the qualified mortgage status if
the conditions set in 12 CFR 1026.31(h)
are met.
Dated: March 29, 2016.
Tony Hernandez,
Administrator, Rural Housing Service.
[FR Doc. 2016–10217 Filed 5–2–16; 8:45 am]
BILLING CODE 3410–XV–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 95
[Docket No. 31075; Amdt. No. 526]
IFR Altitudes; Miscellaneous
Amendments
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This amendment adopts
miscellaneous amendments to the
required IFR (instrument flight rules)
SUMMARY:
altitudes and changeover points for
certain Federal airways, jet routes, or
direct routes for which a minimum or
maximum en route authorized IFR
altitude is prescribed. This regulatory
action is needed because of changes
occurring in the National Airspace
System. These changes are designed to
provide for the safe and efficient use of
the navigable airspace under instrument
conditions in the affected areas.
DATES: Effective Date: 0901 UTC, May
26, 2016.
FOR FURTHER INFORMATION CONTACT:
Richard A. Dunham, Flight Procedure
Standards Branch (AMCAFS–420),
Flight Technologies and Programs
Division, Flight Standards Service,
Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500
South MacArthur Blvd., Oklahoma City,
OK 73169 (Mail Address: P.O. Box
25082, Oklahoma City, OK 73125)
telephone: (405) 954–4164.
SUPPLEMENTARY INFORMATION: This
amendment to part 95 of the Federal
Aviation Regulations (14 CFR part 95)
amends, suspends, or revokes IFR
altitudes governing the operation of all
aircraft in flight over a specified route
or any portion of that route, as well as
the changeover points (COPs) for
Federal airways, jet routes, or direct
routes as prescribed in part 95.
The Rule
The specified IFR altitudes, when
used in conjunction with the prescribed
changeover points for those routes,
ensure navigation aid coverage that is
adequate for safe flight operations and
free of frequency interference. The
reasons and circumstances that create
the need for this amendment involve
matters of flight safety and operational
efficiency in the National Airspace
System, are related to published
aeronautical charts that are essential to
the user, and provide for the safe and
efficient use of the navigable airspace.
In addition, those various reasons or
circumstances require making this
amendment effective before the next
scheduled charting and publication date
of the flight information to assure its
timely availability to the user. The
26465
effective date of this amendment reflects
those considerations. In view of the
close and immediate relationship
between these regulatory changes and
safety in air commerce, I find that notice
and public procedure before adopting
this amendment are impracticable and
contrary to the public interest and that
good cause exists for making the
amendment effective in less than 30
days.
Conclusion
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. It, therefore—(1) is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. For the same
reason, the FAA certifies that this
amendment will not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 95
Airspace, Navigation (air).
Issued in Washington, DC, on April 22,
2016.
John Duncan,
Director, Flight Standards Service.
Adoption of the Amendment
Accordingly, pursuant to the
authority delegated to me by the
Administrator, part 95 of the Federal
Aviation Regulations (14 CFR part 95) is
amended as follows effective at 0901
UTC, May 26, 2016.
1. The authority citation for part 95
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40103, 40106,
40113, 40114, 40120, 44502, 44514, 44719,
44721.
2. Part 95 is amended to read as
follows:
■
REVISIONS TO IFR ALTITUDES & CHANGEOVER POINT
[Amendment 526 effective date May 26, 2016]
Lhorne on DSK30JT082PROD with RULES
From
To
§ 95.6196
§ 95.6001 Victor Routes-U.S.
VOR Federal Airway V196 is Amended to Read in Part
Utica, NY VORTAC .......................................................................
* 6500—MCA
Saranac Lake, NY VOR/DME, E BND
Saranac Lake, NY VOR/DME .......................................................
VerDate Sep<11>2014
13:43 May 02, 2016
Jkt 238001
MEA
PO 00000
Frm 00005
* Saranac Lake, NY VOR/DME ...................................................
RIGID, NY FIX.
Fmt 4700
Sfmt 4700
E:\FR\FM\03MYR1.SGM
03MYR1
5,400
Agencies
[Federal Register Volume 81, Number 85 (Tuesday, May 3, 2016)]
[Rules and Regulations]
[Pages 26461-26465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10217]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Rules and
Regulations
[[Page 26461]]
DEPARTMENT OF AGRICULTURE
Rural Housing Service
7 CFR Part 3555
RIN 0575-AD00
Single Family Housing Guaranteed Loan Program
AGENCY: Rural Housing Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Rural Housing Service (RHS or Agency) is amending the
current regulation for the Single Family Housing Guaranteed Loan
Program (SFHGLP) on the subjects of lender indemnification,
refinancing, and qualified mortgage requirements. The Agency is
expanding its lender indemnification authority for loss claims in the
case of fraud, misrepresentation, or noncompliance with applicable loan
origination requirements. This action is taken to continue the Agency's
efforts to improve and expand the risk management of the SFHGLP. The
Agency is amending its refinancing provisions to simply require that
the new interest rate not exceed the interest rate on the original loan
and to add a new refinance option, ``streamlined-assist.'' Finally, the
agency is amending its regulation to indicate that a loan guaranteed by
RHS is a Qualified Mortgage if it meets certain requirements set forth
by the Consumer Protection Finance Bureau (CFPB).
DATES: Effective June 2, 2016.
FOR FURTHER INFORMATION CONTACT: Lilian Lipton, Finance and Loan
Analyst, Single Family Housing Guaranteed Loan Division, STOP 0784,
Room 2250, USDA Rural Development, South Agriculture Building, 1400
Independence Avenue SW., Washington, DC 20250-0784, telephone: (202)
260-8012, email is lilian.lipton@wdc.usda.gov.
SUPPLEMENTARY INFORMATION:
Classification
This final rule has been determined to be non-significant by the
Office of Management and Budget (OMB) under Executive Order 12866.
Executive Order 12988, Civil Justice Reform
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. Except where specified, all State and local laws and
regulations that are in direct conflict with this rule will be
preempted. Federal funds carry Federal requirements. No person is
required to apply for funding under this program, but if they do apply
and are selected for funding, they must comply with the requirements
applicable to the Federal program funds. This rule is not retroactive.
It will not affect agreements entered into prior to the effective date
of the rule. Before any judicial action may be brought regarding the
provisions of this rule, the administrative appeal provisions of 7 CFR
part 11 must be exhausted.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effect of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, the
Agency generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal
mandates'' that may result in expenditures to State, local, or tribal
governments, in the aggregate, or to the private sector, of $100
million, or more, in any one year. When such a statement is needed for
a rule, section 205 of the UMRA generally requires the Agency to
identify and consider a reasonable number of regulatory alternatives
and adopt the least costly, most cost-effective, or least burdensome
alternative that achieves the objectives of the rule. This final rule
contains no Federal mandates (under the regulatory provisions of Title
II of the UMRA) for State, local, and tribal governments or the private
sector. Therefore, this rule is not subject to the requirements of
sections 202 and 205 of the UMRA.
Environmental Impact Statement
This document has been reviewed in accordance with 7 CFR part 1940,
subpart G, ``Environmental Program.'' It is the determination of the
Agency that this action does not constitute a major Federal action
significantly affecting the quality of the human environment, and, in
accordance with the National Environmental Policy Act of 1969, Public
Law 91-190, neither an Environmental Assessment nor an Environmental
Impact Statement is required.
Executive Order 13132, Federalism
The policies contained in this rule do not have any substantial
direct effect on States, on the relationship between the national
government and States, or on the distribution of power and
responsibilities among the various levels of government. Nor does this
rule impose substantial direct compliance costs on State and local
governments. Therefore, consultation with the States is not required.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.) the undersigned has determined and certified by signature of this
document that this rule change will not have a significant impact on a
substantial number of small entities. This rule does not impose any
significant new requirements on Agency applicants and borrowers, and
the regulatory changes affect only Agency determination of program
benefits for guarantees of loans made to individuals.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
This executive order imposes requirements on RD in the development
of regulatory policies that have Tribal implications or preempt tribal
laws. RD has determined that the final rule does not have a substantial
direct effect on one or more Indian Tribe(s) or on either the
relationship or the distribution of powers and responsibilities between
the Federal Government and Indian Tribes. Thus, this rule is not
subject to the requirements of Executive Order 13175. If a Tribe
determines that this rule has implications of which RD is not aware and
would like to engage with RD on this rule, please contact RD's Native
[[Page 26462]]
American Coordinator at (720) 544-2911 or AIAN@wdc.usda.gov.
Executive Order 12372, Intergovernmental Consultation
This program/activity is not subject to the provisions of Executive
Order 12372, which require intergovernmental consultation with State
and local officials. (See the Notice related to 7 CFR part 3015,
subpart V, at 48 FR 29112, June 24, 1983; 49 FR 22675, May 31, 1984; 50
FR 14088, April 10, 1985).
Programs Affected
This program is listed in the Catalog of Federal Domestic
Assistance under Number 10.410, Very Low to Moderate Income Housing
Loans (Section 502 Rural Housing Loans).
Paperwork Reduction Act
The information collection and record keeping requirements
contained in this regulation have been approved by OMB in accordance
with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The
assigned OMB control number is 0575-0179.
E-Government Act Compliance
The Rural Housing Service is committed to complying with the E-
Government Act, to promote the use of the Internet and other
information technologies to provide increased opportunities for citizen
access to Government information and services, and for other purposes.
Non-Discrimination Policy
The U.S. Department of Agriculture (USDA) prohibits discrimination
against its customers, employees, and applicants for employment on the
bases of race, color, national origin, age, disability, sex, gender
identity, religion, reprisal, and where applicable, political beliefs,
marital status, familial or parental status, sexual orientation, or all
or part of an individual's income is derived from any public assistance
program, or protected genetic information in employment or in any
program or activity conducted or funded by the Department. (Not all
prohibited bases will apply to all programs and/or employment
activities.)
If you wish to file a Civil Rights program complaint of
discrimination, complete the USDA Program Discrimination Complaint Form
(PDF), found online at https://www.ascr.usda.gov/complaint_filing_cust.html, or at any USDA office, or call (866) 632-
9992 to request the form. You may also write a letter containing all of
the information requested in the form. Send your completed complaint
form or letter to us by mail at U.S. Department of Agriculture,
Director, Office of Adjudication, 1400 Independence Avenue SW.,
Washington, DC 20250-9410, by fax (202) 690-7442 or email at
program.intake@usda.gov.
Individuals who are deaf, hard of hearing or have speech
disabilities and you wish to file either an EEO or program complaint
please contact USDA through the Federal Relay Service at (800) 877-8339
or (800) 845-6136 (in Spanish).
Persons with disabilities, who wish to file a program complaint,
please see information above on how to contact us by mail directly or
by email. If you require alternative means of communication for program
information (e.g., Braille, large print, audiotape, etc.) please
contact USDA's TARGET Center at (202) 720-2600 (voice and TDD).
Background Information
On March 5, 2015, RHS published a proposed rule with request for
comments for the Single Family Housing Guaranteed Loan Program (SFHGLP)
(80 FR 11950-11954). Rural Development received comments from seventeen
respondents. Comments were from lenders, secondary market sources,
builders, and other interest groups. Specific public comments and
substantive changes from the proposed rule are addressed below in
general order of appearance in the regulation, not based in the order
of importance.
One respondent requested the Agency to clarify when the rule would
become effective and what the trigger events will be for the effective
date of the various requirements for loan applications received by
lenders on or after the effective date of the final rule. The final
rule will become effective 60 days after its publication in the Federal
Register.
Refinancing (Sec. 3555.101(d))
Five respondents fully supported the Agency's proposal to amend its
refinancing provisions and add the Streamlined-Assist Refinance option.
One respondent supported the Streamlined-Assist Refinance program
but requested that the Agency: (1) Add repayment requirements for
remaining borrowers; (2) limit costs to principal and current interest
charges due, reasonable and customary re-conveyance fee, and the
upfront guarantee fee; and (3) limit refinance balance to original
purchase loan amount. The Agency believes the Streamlined-Assist
Refinance's purpose is to increase affordability for current borrowers
and implementing the suggested changes will defeat the purpose of this
option. No change is made in this provision.
One respondent supported the addition of the Streamlined-Assist
Refinance option but requested clarification with regards to the
inclusion of the guarantee fee and eligible closing costs. Eligible
loan purposes, including fees and closing costs, will remain the same
as described on Sec. 3555.101(d) for all refinancing transactions.
Closing costs may be included in the refinance loan amount. No change
is made in this provision.
One respondent requested the eligibility of non-section 502 loans
to be refinanced through the program, such as balloon or ARM mortgage
products, if they meet USDA eligibility requirements. The Agency does
not have statutory authority as this request does not conform with the
Housing Act of 1949 limits on refinancing in this program. No change is
made in this provision.
Indemnification (Sec. 3555.108(d))
Two respondents believe a five-year indemnification period is too
long and requested the Agency to maintain the current lender
indemnification period of 24 months. The Agency will continue to pursue
a five-year indemnification period, similar to those of other federal
agencies and as recommended by the Office of Inspector General (OIG)
Report 04703-003-HY. The rule has been amended to clarify that the loan
originator will be required to indemnify the Agency and not a
subsequent holder or acquirer of the loan. No other change is made in
this provision.
Two respondents requested the Agency to amend its definition of
default accounts from 30 days delinquent to 60 days. The Agency will
maintain the 30-day definition, consistent with other federal agencies.
No change is made in this provision.
One respondent encouraged the Agency to add a standard of
materiality for the underwriting defect and to specify that there must
be a connection between the defect and the cause of default by adding
that ``The Agency may seek indemnification if fraud or
misrepresentation occurs in connection with the origination and the
lender knew, or should have known about the occurrence.'' It also
recommended the Agency to clarify that an indemnification does not
affect the guaranty status of the loan. RHS will include the standard
of materiality and a provision that the loan note guarantee of the
holder will not be affected by indemnification by the originating
lender.
[[Page 26463]]
Qualified Mortgage (Sec. 3555.109)
Six respondents requested RHS to update program guidance to
incorporate different points and fee limitations than those proposed.
The Agency will remain consistent with the Consumer Financial
Protection Bureau (CFPB) and other federal agencies in its points and
fees limitations. No change is made in this provision.
Two respondents requested the Agency to not adopt CFPB's 43-percent
debt-to-income limit. The Agency had not included any debt-to-income
limitation in the proposed rule. The CFPB debt ratio limitations do not
apply to loans guaranteed by the Agency. Until January 20, 2021 or the
date on which an agency rule defining qualified mortgages becomes
effective (whichever is earlier), loans guaranteed by RHS are presumed
to be qualified mortgages under 12 CFR 1026.43(e)(4).
Four respondents noted that Housing Finance Agencies (HFA) loans
are exempt from the Qualified Mortgage requirements and are
automatically classified as Qualified Mortgages eligible for insurance
through the SFHGLP. The Agency is amending its rule and will include
language exempting HFAs from the Qualified Mortgage requirements.
Principal Reduction (Sec. 3555.304(d))
One respondent wrote that the Mortgage Recovery Advance (MRA)
already provides for principal reductions, and that by separating
principal reduction from the MRA would complicate the process because
loan servicers would now have to take two steps instead of only one.
The respondent pointed out that if the PRA is eventually forgiven, it
would become a tax liability to borrowers because the Internal Revenue
Service (IRS) considers forgiven debt to be taxable income. Struggling
low or moderate income borrowers may not be able to handle the
additional tax bill. The respondent also indicated that since the PRA
results in an unsecured loan which would not be forgiven if the
borrower re-defaulted on their mortgage, mortgage loan servicers would
be in a position of collecting on an unsecured loan. Mortgage loan
servicers do not want to collect unsecured loans, and the respondent
suggested that the agency should collect the unsecured loans.
One respondent indicated that the use of separate notes, one for an
MRA and one for a PRA, would complicate special loan servicing workouts
and may confuse or overwhelm eligible borrowers. The respondent
indicated that the Agency should consider keeping both the MRA and PRA
amounts as secured loans to avoid the likelihood of borrower confusion.
The respondent also questioned how the PRA would be impacted should the
borrower attempt to pay off the loan before the three year period prior
to eligibility for debt forgiveness. Should the PRA be forgiven, the
respondent suggested that the Agency should report the forgiveness
amount to the IRS, and not the servicer. The respondent wrote that
should the PRA not be forgiven, attempts to collect the unsecured loan
would be detrimental to borrowers recovering from financial
difficulties. Attempts to collect unsecured PRAs, suggested the
respondent, could ultimately be more costly to the Agency than simply
forgiving the amounts advanced. Finally, the respondent questioned
whether the MRA and PRA claims should be filed separately or whether
both amounts may be submitted in the same claim. Separate filings would
be especially complicated according to the respondent.
Two respondents requested the Agency to eliminate the January 1,
2001 to January 1, 2010 timeframe restriction on PRAs.
One respondent supported the Principal Reduction Advance (PRA)
proposal but requested that lenders have at least six months to
implement the policy in order to allow for internal system integrations
related to this process.
After careful review and consideration, the Agency agrees with all
the comments submitted, and has decided to not implement the PRA
transaction as it had been proposed. The original MRA procedure will
remain unaltered and the PRA will not become a separate transaction.
Indemnification: In the Office of Inspector General (OIG) Report
04703-003-HY, SFH GL Loss Claims, the Agency was requested to re-
evaluate the timeframe in which the Government can seek indemnification
for noncompliance with regulations in loan origination. Present
language in 7 CFR 3555.108(d)(1) limits the indemnification to losses
if the payment under the guarantee was made within 24 months of loan
closing. Origination defects which depart from Agency requirements,
however, may cause defaults beyond 24 months from loan closing.
Similarly, claims arising from defective originations may occur several
years after loan closing. The change will trigger indemnification if
the default occurs within five years from origination and the Agency
concludes the default arose because the originator did not underwrite
the loan according to Agency standards and guidelines, regardless of
when the claim is paid. This is similar to how HUD and other federal
agencies operate.
The Agency may also seek indemnification if the Agency determines
that fraud or misrepresentation occurred in connection with the
origination of the loan, regardless of when the loan closed. 7 CFR
3555.108(d)(2). This provision is being clarified to state that the
Agency may seek indemnification in cases of fraud or misrepresentation
regardless of when the loan closed or when the default occurred.
In addition, the definition of ``default'' has been added to
section 3555.10 to clarify that default is when an account is more than
30 days overdue. This is consistent with how the term is used in the
mortgage industry.
Refinance: There are currently two refinance options available to
Section 502 borrowers, and the Agency is adding a third option which
has been successfully tested in a pilot. The Agency is amending section
3555.101(d)(3)(i) to remove the requirement that the interest rate of a
refinanced loan be at least 100 basis points below the original rate,
and instead to require that the new interest rate not exceed the
original interest loan's interest rate. The interest rate reduction
requirement has proven problematic in rising rate environments. For
example, in the case of divorce, the borrower may not be able to
refinance as required by their divorce decree or judgment because they
cannot secure an interest rate at least 1 percent lower than the first
one.
The definition of ``streamlined-assist refinance'' is being added
to 7 CFR 3555.10. On February 1, 2012 RHS created a refinancing pilot
known as the ``Rural Refinance Pilot.'' The streamlined-assist
refinance differs from the traditional refinance options in that there
is no appraisal or credit report requirement in most instances, as long
as the borrower has been current on their first mortgage for the
previous 12 months and their new interest rate is at least 1 percent
lower than their first one. A new appraisal is required for direct loan
borrowers who received a subsidy for the purposes of calculating
subsidy recapture.
The pilot was designed to assist existing Section 502 direct or
guaranteed loan borrowers in refinancing their homes with greater ease
in thirty-five eligible states where steep home price declines,
unemployment and persistent poverty rates made refinancing a current
[[Page 26464]]
mortgage into more affordable terms difficult or impossible. Due to the
success of the pilot program, RHS will adopt the pilot policy as a
refinance option for existing Section 502 direct or guaranteed loan
borrowers nationwide in addition to the two traditional refinance loan
options of streamlined and non-streamlined. The special refinance loan
option will be called ``streamlined-assist.''
This rule amends 7 CFR 3555.101(d)(3)(vi) to include ``streamlined-
assist'' as one of three available refinance loan options in addition
to the traditional ``streamlined'' and ``non-streamlined'' refinance
loans. Section 3555.101(d)(3)(vi) discusses eligibility requirements
for each streamlined and non-streamlined refinance loan. The
streamlined-assist refinance will have the same features as the Rural
Refinance Pilot described above. Additional eligibility criteria for
refinance loans is discussed in Section 3555.101(d)(3).
Qualified Mortgage: The agency is changing Section 3555.109, to
indicate that a loan guaranteed by RHS meeting certain CFPB
requirements is a ``Qualified Mortgage.''
The CFPB published a ``Qualified Mortgage'' rule (12 CFR part 1026)
which became effective January 10, 2014 and implemented in part the
Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Pub.
L. 111-203). This rule requires creditors to make a reasonable, good
faith determination of a consumer's repayment ability for any consumer
credit transaction secured by a dwelling, and establishes a safe harbor
from liability for transactions that meet the requirements for
``qualified mortgages.'' Currently, SFHGLP loans are considered to be
qualified mortgages if they meet the requirements in 12 CFR
1026.43(e)(2)(i)-(iii) and the points and fees limits in 12 CFR
1026.43(e)(3) until RHS promulgates its own rules regarding qualified
mortgages, or January 10, 2021, whichever is earlier. (See 12 CFR
1026.43(e)(4)).
RHS guaranteed loans currently meet these requirements. Therefore,
section 3555.109 is clarifying that RHS guaranteed loans which meet the
CFPB requirements in 12 CFR 1026.43(e)(2)(i)-(iii) and 12 CFR
1026.43(e)(3) are considered qualified mortgages.
List of Subjects in 7 CFR Part 3555
Home improvement, Loan programs--Housing and community development,
Mortgage insurance, Mortgages, Rural areas.
For the reason stated in the preamble, Chapter XVIII, Title 7 of
the Code of Federal Regulations is amended as follows:
PART 3555--GUARANTEED RURAL HOUSING PROGRAM
0
1. The authority citation for Part 3555 continues to read as follows:
Authority: 5 U.S.C. 301, 42 U.S.C. 1471, et seq.
0
2. Amend Sec. 3555.10 by adding definitions of Default and
Streamlined-assist refinance in alphabetical order to read as follows:
Sec. 3555.10 Definitions and abbreviations.
* * * * *
Default. A loan is considered in default when a payment has not
been paid after 30 days from the date it was due.
* * * * *
Streamlined-assist refinance. A streamlined-assist refinance is an
abbreviated method of refinancing which does not require a credit
report, or the calculation of loan-to-value or debt-to-income ratios.
Lenders must verify that the borrower has been current on their
existing loan for the preceding 12 month period.
* * * * *
0
3. Section 3555.101 is amended by revising paragraphs (d)(3)(i), (ii),
and (iv) to read as follows:
Sec. 3555.101 Loan purposes.
* * * * *
(d) * * *
(3) * * *
(i) Three options for refinancing may be offered: Streamlined, non-
streamlined, and streamlined-assist. Other than provided in this
paragraph, no cash out is permitted for any refinance. Documentation
costs and underwriting requirements of subparts D, E, and F of this
part apply to streamlined and non-streamlined refinances.
(A) Lenders may offer a streamlined refinance for existing Section
502 Guaranteed loans, which does not require a new appraisal. The
lender will pay off the balance of the existing Section 502 Guaranteed
loan.
(B) Lenders may offer non-streamlined refinancing for existing
Section 502 Guaranteed or Direct loans, which requires a new and
current market value appraisal. The amount of the new loan must be
supported by sufficient equity in the property as determined by an
appraisal. The appraised value may be exceeded by the amount of up-
front guarantee fee financed, if any, when using the non-streamlined
option.
(C) A streamlined-assist refinance loan is a special refinance
option available to existing Section 502 direct and guaranteed loan
borrowers. Applicants must meet the income eligibility requirements of
Sec. 3555.151(a), and must not have had any defaults during the 12
month period prior to the refinance loan application. There are no
debt-to-income calculation requirements, no credit report requirements,
no property inspection requirements, and no loan-to-value requirements.
There is no appraisal requirement except for Section 502 direct loan
borrowers who have received a subsidy.
(ii) The interest rate of the new loan must be fixed and must not
exceed the interest rate of the original loan being refinanced.
* * * * *
(iv) The loan security must include the same property as the
original loan and be owned and occupied by the borrowers as their
principal residence.
* * * * *
0
4. Amend Sec. 3555.108 by revising paragraph (d) to read as follows:
Sec. 3555.108 Full faith and credit.
* * * * *
(d) Indemnification. The loan note guarantee will remain in effect
for any holder of the loan who acquired it from an originating lender.
If the Agency determines that a lender did not originate a loan in
accordance with the requirements in this part, and the Agency pays a
claim under the loan guarantee, the Agency may revoke the originating
lender's eligibility status in accordance with subpart B of this part
and may also require the originating lender:
(1) To indemnify the Agency for the loss, if the default leading to
the payment of loss claim occurred within five (5) years of loan
closing, when one or more of the following conditions is satisfied:
(i) The originating lender utilized unsupported data or omitted
material information when submitting the request for a conditional
commitment to the Agency;
(ii) The originating lender failed to properly verify and analyze
the applicant's income and employment history in accordance with Agency
guidelines;
(iii) The originating lender failed to address property
deficiencies identified in the appraisal or inspection report that
affect the health and safety of the occupants or the structural
integrity of the property;
[[Page 26465]]
(iv) The originating lender used an appraiser that was not properly
licensed or certified, as appropriate, to make residential real estate
appraisal in accordance with Sec. 3555.103(a); or,
(2) To indemnify the Agency for the loss regardless of how long ago
the loan closed or the default occurred, if the Agency determines that
fraud or misrepresentation was involved with the origination of the
loan.
(3) In addition, the Agency may use any other legal remedies it has
against the originating lender.
0
5. Add Sec. 3555.109 to read as follows:
Sec. 3555.109 Qualified mortgage.
A qualified mortgage is a guaranteed loan meeting the requirements
of this part and applicable Agency guidance, as well as the
requirements in 12 CFR 1026.43(e)(2)(i) through (iii) and 12 CFR
1026.43(e)(3). An extension of credit made pursuant to a program
administered by a State Housing Finance Agency is exempt from this
requirement as defined in 12 CFR 1026.43(a)(3)(iv). Lenders will be
allowed to cure unintentional errors and retain the qualified mortgage
status if the conditions set in 12 CFR 1026.31(h) are met.
Dated: March 29, 2016.
Tony Hernandez,
Administrator, Rural Housing Service.
[FR Doc. 2016-10217 Filed 5-2-16; 8:45 am]
BILLING CODE 3410-XV-P