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Industry News

Stratmor report details servicing risks

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Industry News
Thursday, April 29, 2021
Mortgage companies that began to retain servicing or increased their servicing portfolios in 2020 are now faced with several areas of ongoing incremental risk, according to a new report from mortgage-advisory firm Stratmor Group.

“It wasn’t until the end of the year, or in the first quarter of 2021, that a few companies learned it might have been cheaper and easier to pay someone to take the loans when they were originated, especially in the instances where elevated levels of delinquencies or forbearance occurred,” Stratmor Principal Seth Sprague wrote in the firm’s latest Insights Report.

In his article, “What’s Keeping Mortgage Servicers Awake at Night?” Sprague explained that many lenders that had retained servicing last year did so because it looked like the best decision at the time.

However, some companies failed to take into consideration the quality of the loans going into their servicing portfolio before they opted to retain the servicing.

“Loading up a servicing portfolio with loans having FICO scores of 620 and below, 97 percent LTV, or FHA servicing that may be 10-15 percent in forbearance by the end of the year may not turn out to be a successful long-term strategy,” Sprague stated.

According to Stratmor data, between 20 percent and 30 percent of the loans offered to an aggregator are not immediately purchased due to issues or areas that need further clarification.

Companies that retained servicing in the hopes of selling mortgage servicing rights (MSR) later may also learn a difficult lesson, according to Sprague, as fair market values determined by an independent valuation firm could be materially different than cash received from an actual bulk sale.

In other words, sales may take more effort than initially thought.

“More importantly, not all servicing may have a buyer, and certain products could be excluded from a sale,” he added.

Sprague also noted that servicing costs have risen and will likely stay that way until loans in forbearance are worked out.

“Servicers must understand the true cash return on servicing and evaluate the cash implications of servicing in terms of offsetting the anticipated decline in origination income,” he wrote. “Having a properly modeled, calibrated, and continually tested and verified view of the actual MSR cash return is critical to understand whether the best execution decision results in an adequate cash return.”

Yet another concern for servicers is what will happen when COVID-19 forbearance ends.

“The new rules allow servicers to extend the forbearance period beyond 12 months, but to do so they must contact the borrower and verify the hardship. If they can’t reach the borrower, or the borrower refuses to allow the servicer to engage, the borrower will come out of forbearance,” Sprague noted.

Sprague encouraged lenders who decide to retain servicing to seek help if they need it from the Mortgage Bankers Association.

In addition, he advised lenders working with a sub-servicer to make sure they are on top of compliance oversight.

“People underestimate the size of the potential problem that could result from a lender who is new to a subservicing relationship doing a substandard job of compliance oversight,” Sprague wrote. “Regulators will have little patience for compliance mishaps. Responsibility will lie with the originator. There’s going to be enough money involved that we could see a fair amount of litigation before this is all over.”

 

 

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12 USC Section 2605 or Section 6 is titled Servicing of mortgage loans and administration of escrow accounts. It pertains to qualified written requests, notices of transfer of servicing and the administration of escrow accounts.
An arrangement that involves a person who is in a position to refer business as part of a real estate settlement service and who has an interest in a settlement services provider.

In the arrangement, the person, who has either an affiliate relationship with or a direct or beneficial ownership interest of more than one percent in a settlement services provider, directly or indirectly refers business to that provider or influences a consumer to select that provider.
An arrangement that involves a person who is in a position to refer business as part of a real estate settlement service and who has an interest in a settlement services provider.

In the arrangement, the person, who has either an affiliate relationship with or a direct or beneficial ownership interest of more than one percent in a settlement services provider, directly or indirectly refers business to that provider or influences a consumer to select that provider.
A mortgage disclosure that lists all estimated charges and fees associated with your loan. In addition to fees and charges, it will list your loan amount, mortgage rate, loan term and estimated monthly payment. Your escrows due at closing for insurance and taxes will also be outlined. Mortgage lenders are legally required to provide a GFE within three days of receiving your application.
A mortgage disclosure that lists all estimated charges and fees associated with your loan. In addition to fees and charges, it will list your loan amount, mortgage rate, loan term and estimated monthly payment. Your escrows due at closing for insurance and taxes will also be outlined. Mortgage lenders are legally required to provide a GFE within three days of receiving your application.
Under RESPA Section 2605(e)(1)(B), a qualified written request is a written correspondence that includes: 1) the name and account of the borrower, or has enough information to allow the servicer identify that information; and 2) a statement of the reasons for the belief of the borrower that the account is in error or provides sufficient detail to the servicer regarding other information sought by the borrower.

A QWR cannot be written on a payment coupon or other payment medium supplied by the servicer.
Under RESPA Section 2605(e)(1)(B), a qualified written request is a written correspondence that includes: 1) the name and account of the borrower, or has enough information to allow the servicer identify that information; and 2) a statement of the reasons for the belief of the borrower that the account is in error or provides sufficient detail to the servicer regarding other information sought by the borrower.

A QWR cannot be written on a payment coupon or other payment medium supplied by the servicer.
12 USC Section 2609 or Section 10 is titled Limitation on requirement of advance deposits in escrow accounts. It governs escrow accounts including notifications and statements to borrowers. Section 10 also sets out penalties for those who violate the section.
RESPA Section 3 provides that a thing of value includes any payment, advance, funds, loan, service or other consideration

Regulation X says thing of value includes: monies, things, discounts, salaries, commissions, fees, duplicate payments of a charge, stock, dividends, distributions of partnership profits, franchise royalties, credits representing monies that may be paid at a future date, the opportunity to participate in a money-making program, retained or increased earnings, increased equity in a parent or subsidiary entity, special bank deposits or accounts, special or unusual banking terms, services of all types at special or free rates, sales or rentals at special prices or rates, lease or rental payments based in whole or in part on the amount of business referred, trips and payment of another person’s expenses or reduction in credit against an existing obligation.
A form used by a settlement or closing agent itemizing all charges imposed on a borrower and seller in a real estate transaction. This form represents the closing transaction and provides each party with a complete list of incoming and outgoing funds. RESPA requires the HUD-1 to be used as the standard real estate settlement form in all transactions in the U.S. involving federally related mortgage loans.
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