Fannie Mae Announces New Lender Framework and QC Process

by Anna DeSimone
President

On September 11, 2012 Fannie Mae issued Selling Guide Announcement SEL-2012-08, New Lender Selling Representations and Warranties Framework. Also on 9/11/12, the agency issued LL-2012-05: Fannie Mae’s Quality control Process. The announcements introduce a framework to provide lenders with relief from enforcement of remedies for breaches of certain representations and warranties on new loan deliveries meeting specific payment history requirements. The new framework applies only to conventional loans that are acquired by Fannie Mae on or after January 1, 2013.

New Lender Selling Representations and Warranties Framework

For conventional loans that are acquired by Fannie Mae on a flow basis on or after January 1, 2013, the lender will be relieved of its obligation to remedy mortgage loans that are in breach of certain underwriting and eligibility representations and warranties if the borrower meets one of two payment history requirements and the other eligibility criteria described in the Guide as “Eligible Mortgage Loans.” No relief will be available for breaches of certain “life of loan” representations and warranties, regardless of the borrower’s payment history.

Historically, many issues related to compliance with Fannie Mae’s underwriting and eligibility requirements were not detected until after loans became delinquent or the foreclosure process was completed. Given the increase in loan delinquencies and foreclosures, loan repurchase requests have increased over the past several years, highlighting the need for a better approach for working with lenders to deliver loans that meet Fannie Mae’s underwriting and eligibility requirements.

In adopting this new framework, the GSEs are not modifying the representations and warranties currently in effect, nor are they discharging a lender from the responsibility for underwriting and delivering quality loans in accordance with the acquiring GSE’s requirements. Instead, the new framework will provide lenders with relief from Fannie Mae’s enforcement of remedies for breaches of certain underwriting and eligibility representations and warranties for new loan acquisitions commencing in 2013 that meet specific payment history requirements.

Eligible Mortgage Loans

To be eligible for the new representation and warranty framework, a mortgage loan must meet the following requirements:

1 – The mortgage loan must have a January 1, 2012 or later acquisition date: whole loans purchases on or after January 2013, or mortgage loans delivered into MBS with an issue date of January 1, 2013 or later;

2 – The mortgage loan must meet one of the following payment history requirements:

The borrower was not 30 days delinquent during the 36 months following the acquisition date, or for Refi Plus and DU Refi Plus mortgage loans, the borrower was not 30 days delinquent during the 12 months following the acquisition date; or the borrower (i) had no more than two 30-day delinquencies and no 60-day or greater delinquencies, during the 36 months following the acquisition date; and (ii) was current as of the 60th month following the acquisition date.

With the exception of mortgage loans with temporary buydowns, neither the lender nor a third party with a financial interest in the performance of the loan (e.g. mortgage broker, correspondent lender, mortgage insurer) can escrow or advance funds on behalf of the borrower to be used for payment of any principal or interest payable under the terms of the mortgage loan for the purpose of satisfying the payment history requirement.

3 – The mortgage loan must be a conventional mortgage loan (including Refi Plus and DU Refi Plus and sold to Fannie Mae on a flow basis.  Government-guaranteed or -insured loans are not eligible for inclusion under the framework. Non-flow, seasoned or bulk mortgages may be eligible for inclusion on a negotiated basis.

4 – The mortgage loan cannot have been sold to Fannie Mae with any credit enhancement other than traditional primary mortgage insurance (i.e. lender- or borrower-paid mortgage insurance).

5 – The mortgage loan cannot have been subject to a forbearance agreement, repayment plan or otherwise have been modified from its original terms during the applicable qualifying pay history period. 

6 – With the exception of certain loans purchased under the terms of a long-term standby purchase commitment, the loans cannot have had any delinquencies between the origination date and the Fannie Mae acquisition date.

7 – For loans classified as “Class 1 Mortgage Loans” or “Class 4 Mortgage Loans” that are purchased under a long-term standby purchase commitment (LTSC), the payment history requirement will be measured from the date the loan was committed under the LTSC structure. 

8 – The mortgage loan must not be subject to an outstanding request for repurchase, repurchase alternative or make-whole payment.

Related Changes to the Quality Control Process

Integral to the new representation and warranty framework is the quality control review process and enforcement of violations. The Quality Control Lender Letter discusses the changes in Fannie Mae’s quality control process that lenders can expect as a result of the relief provided by the new framework. Fannie Mae will evaluate the mortgage loan file with the primary focus of confirming that the mortgage loan meets underwriting and eligibility requirements.

A mortgage loan is ineligible if errors or failures are uncovered in the file that would have resulted in Fannie Mae’s refusal to purchase the mortgage loan on the terms delivered had the facts been known at the time of acquisition.

What Will Continue

As part of this effort, Fannie Mae is reinforcing the commitment to:

  • Ensure that lenders continue to have the opportunity to resolve loan repurchase requests through an appeals process;
  • Continue to provide detailed and timely feedback to lenders, as appropriate, particularly on significant or systemic origination, underwriting, or quality control deficiencies; and
  • Conduct quality control reviews that evaluate loan files on a comprehensive basis with the primary focus of confirming the mortgage loan’s eligibility.
Fannie Mae continues to expect that lenders have origination, underwriting, and quality control processes in place that meet the requirements of the Selling Guide.
  
What is Changing
  
How Loans Are Selected
  
Fannie Mae uses a statistically valid approach in selecting a random sample of new mortgage loan deliveries for review. Beginning in early 2013, this random sampling will be augmented with targeted, discretionary sampling, taking advantage of the recent advancement in tools and data-gathering requirements.
  
Random Sampling:  Selecting a random sample of new mortgage loan deliveries aids Fannie Mae in measuring the overall quality of loan deliveries.
  
Discretionary Sampling:  Fannie Mae will employ a number of technology tools and internal models to identify earlier in the post-acquisition review process mortgage loans that may not meet Fannie Mae requirements and issues that may affect loan underwriting quality.
  
Performing loans:  Loan level: Loan-level data, technology applications and tools such as Desktop Underwriter®, Uniform Loan Delivery Data, electronic appraisal submission of the Uniform Appraisal Dataset via the Uniform Collateral Data Portal®, and EarlyCheck™ will enable Fannie Mae to more accurately identify loans with characteristics that merit further scrutiny in discretionary reviews.
  
Lender-level impact:  If Fannie Mae’s loan-level assessment tools find fewer loans with potential defects from a particular lender, such lender can expect that a lower percentage of loan files will be requested for discretionary reviews. In contrast, lenders with higher potential defects identified can expect that a higher percentage of their loan files will be requested for reviews.
  
Nonperforming loans:  Fannie Mae will continue to request files and conduct comprehensive reviews on nonperforming mortgage loans.
  
How Many Loans Are Selected.  The quality and volume of the mortgage loans delivered to Fannie Mae will directly impact the size of the discretionary sample. As Fannie Mae continues to work through the legacy book reviews, lenders will continue to see a high number of nonperforming loans sampled. In the future, lenders can expect an overall increase in the focus on reviewing performing loans selected prior to the 12- or 36-month sunset.
  
Review Process. The loan files will continue to be reviewed by trained loan file review staff. Fannie Mae monitors the performance of its loan file review staff in part by examining a monthly sample of loan file review decisions to ensure strong governance of the process.
  
As noted above, the focus of a comprehensive file review will be to confirm whether the mortgage loan, as delivered, meets Fannie Mae’s underwriting and eligibility requirements. If errors or failures are uncovered in the file, the review determines whether Fannie Mae would have refused to purchase the mortgage loan on the terms delivered had the facts been known at the time of acquisition.
  
Repurchase Process
  
Request.  If Fannie Mae determines that a mortgage loan failed to meet underwriting requirements or is otherwise ineligible, Fannie Mae may issue a repurchase request or pursue another remedy. As noted above, the determination is based on whether Fannie Mae would have refused to purchase the mortgage loan on the terms delivered had the facts been known at the time of acquisition.
  
Appeal.  Fannie Mae will continue to maintain a process for lenders to appeal requests for repurchase or make-whole payments. As noted in the Selling Guide D2-1-04, (Rebuttal of Fannie Mae QC Review Decisions), when Fannie Mae issues a repurchase or reimbursement letter on a particular mortgage loan, the lender is entitled to review and respond to the loan-level findings and to provide any required documentation to address the deficiencies identified in the letter, with the goal of resolving the significant deficiencies. If Fannie Mae does not accept the initial appeal and the lender discovers new information to support its position, a second appeal is permitted.
  
Fannie Mae will continue to provide lenders with ongoing feedback about their overall quality control performance, including identifying repurchases by defect types and reporting frequent or common defects. This information is provided through a variety of methods that range from regular electronic transmissions to more formal periodic discussions. The goal is to engage lenders in frequent, meaningful exchanges of information on quality trend analyses and significant underwriting deficiencies identified through the review process.
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Anna DeSimone founded Bankers Advisory in 1986 and is a nationally recognized authority in residential mortgage lending. She has received numerous industry awards and has authored more than 40 best practices guides and hundreds of articles.

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