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This Week in Washington

Aid available for homeowners recovering from Hurricane Debby

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This Week in Washington
Monday, August 19, 2024

To address the damages wrought by Hurricane Debby, the U.S. Department of Housing and Urban Development is offering support to homeowners as they recover from what the White House designated a major disaster on Aug. 10.

Hurricane Debby made landfall in northern Florida on Aug. 5, bringing with it heavy rain and tornadoes as it made its way up the eastern coast. Five days later, President Joe Biden’s major disaster declaration for Columbia, Dixie, Gilchrist, Hamilton, Lafayette, Levy, Manatee, Sarasota, Suwannee, and Taylor counties in Florida included grants for temporary housing and home repairs, low-cost loans to cover uninsured property losses, and other programs to help individuals and business owners recover.

“Effective immediately, HUD is providing a 90-day moratorium on foreclosures of mortgages insured by the Federal Housing Administration (FHA) as well as foreclosures of mortgages to Native American borrowers guaranteed under the Section 184 Indian Home Loan Guarantee program,” the agency stated. “There is also a 90-day extension granted automatically for home equity conversion mortgages. The moratorium and extension are effective as of the president’s disaster declaration date.

“Homeowners affected by the disaster should contact their mortgage or loan servicer immediately for assistance,” it added. “Conventional mortgage holders may also be eligible for additional relief through their mortgage holder.”

In addition to the moratorium, HUD reminded the public about other ways the agency supports housing during emergency situations, including:

  • Making mortgage insurance available – “When homes are destroyed or damaged to an extent that required reconstruction or complete replacement, HUD’s Section 203(h) program provides FHA insurance to disaster victims. Borrowers from participating FHA approved lenders are eligible for 100 percent financing including closing costs.”
  • Making financing available for both mortgage and home rehabilitation – “HUD’s Section 203(k) loan program enables individuals to finance the purchase or refinance of a house, along with its repair, through a single mortgage,” HUD stated. “Homeowners can also finance the rehabilitation of their existing homes if damaged.”
  • Sharing information on housing providers and HUD programs – “Information will be shared with FEMA and the state on housing providers that may have available units in the impacted counties, including public housing agencies and multi-family owners. The department will also connect FEMA and the state to subject matter experts to provide information on HUD programs and providers.”
  • Providing flexibility to community planning and development grantees – “Recipients of Community Development Block Grant program, Housing Opportunities for Persons With HIV/AIDS program, Continuum of Care program, Emergency Solutions Grants program, HOME program, and Housing Trust Fund program funds can apply for needed administrative flexibility in response to natural disasters.”
  • Providing flexibility to public housing agencies – Public housing agencies can apply for needed waivers and flexibilities for disaster relief and recovery.
  • Providing flexibility to tribes – Tribes and their tribally designated housing entities can apply for needed administrative flexibility through regulatory waivers.
Today's other top stories
Industry veterans talk effects of current CFPB on settlement services
Pennsylvania AG settles tribal lending case
Union responds to HUD plans to relocate to NSF headquarters
MBA supports HUD’s proposed elimination of multifamily green housing mandate
FHA seeks input on impact of Buy Now, Pay Later loans


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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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