FHA & Strategic Defaults

Written by Jim the Realtor

February 9, 2012

I haven’t seen any defaulters buying again, but they better hurry – from NMN:

A House Financial Services subcommittee is slated to mark up an FHA reform bill Tuesday that establishes a minimum annual mortgage insurance premium and extends the agency’s indemnification requirements to all approved lenders.

The bill has the support of several industry trade groups. Housing subcommittee chairman Judy Biggert, R-Ill., may line up a Democratic member to co-sponsor the bill, according to one source. 

However, the bill may attract amendments that could be controversial.

The National Association of Federal Credit Unions wants the subcommittee to adopt an amendment that would discourage strategic defaults.   

NAFCU president Fred Becker contends FHA’s three-year lockout is too short, allowing a borrower to default on a GSE loan, but then obtain one from FHA after three years. NAFCU wants lawmakers to extend the lockout period to seven years – equal to what Fannie Mae and Freddie have on their books. 

The amendment would “ensure the FHA is not propped up to be a safe haven for those who strategically default on previous mortgages,” Becker says in a letter to subcommittee members.

The Federal Housing Administration currently charges a 115 basis point annual premium on FHA loans with a loan-to-value ratio greater than 95% — but there is no statutory requirement to charge an annual premium.

Under the “FHA Emergency Fiscal Solvency Act,” the Federal Housing Administration must charge a minimal annual premium of 55 bps.  The bill caps the annual premium at 205 bps.

The bill also requires the agency to “review the cause of every loan” that becomes 90-days delinquent within 24 months of origination and seek indemnification when losses to the FHA insurance fund are due to “material violations” of the agency’s underwriting standards.

2 Comments

  1. Interesting

    I don’t know if she went FHA on her new loan but comment #22 on your post https://www.bubbleinfo.com/2012/02/08/crs-bottom-call/
    details what I know about a 2007 short seller who bought again in 2011.

    I’ll add this detail here which I didn’t include in my original comment. Shortly before stopping mortgage payments (to force the bank to allow the SS), she purchased a new SUV before the default and SS hit her credit report. She gleefully told me that within six months of the SS her credit score was already rising again because she was making her car payments on time.

    I guess that was enough to get somebody to approve her for a new mortgage in 2011.

    The whole thing is so distasteful and I know that her story isn’t the least bit unique.

    Like RJ, I feel like the biggest chump in the world for paying my bills even when money gets tight.

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