FAMB Focus
News from the Florida Association of Mortgage Brokers
January 9, 2009                                           Issue No. 111
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Compliance Corner

Seal of the State of Florida

Welcome to the Compliance Corner.  Each issue, we will be answering a question which has been submitted to the Office of Financial Regulation, a division of the Department of Financial Services.  The answers provided come directly from the department and a new question will appear in each issue.

This issue's Question:

May the licensed Mortgage  Brokerage Business
or Lender I work for pay commissions to my Limited Liability Company (LLC) or other
corporation?

Answer:

Section 494.0025(8), F.S., prohibits payment of a
fee or commission in any mortgage loan transaction
to any person or entity other than a mortgage
brokerage business, mortgage lender, or correspondent mortgage lender, unless otherwise
exempt. If the LLC or  corporation is licensed by
OFR and has met the requirements of Section
494.0038, F.S., a commission may be paid to this entity but the commission must be shown on the HUD-1 Settlement Statement.
Attorney General's Weekly Newsletter
Florida Attorney General Bill McCollum
Florida Attorney General Bill McCollum updates Floridians weekly with his e-mail newsletter, "Generally Speaking".  Topics include a cybercrime update, consumer protection actions, criminal proceedings and much more.
 
To keep up with the latest Consumer News and a variety of other topics and
information, please view and/or subscribe to the Attorney General's weekly
Electronic Newsletter at
http://myfloridalegal.com.
CFO Consumer eViews 
CFO Alex Sink
Each week, CFO Alex Sink shares her views with Florida's consumers through her newsletter, "Consumer eViews".  Whether it's updating constituents on legislative meetings and events or commenting on recent happenings in the State of Florida, CFO Sink keeps Floridians informed through her new publication.
 
 
FAMB Chapter Upcoming Events
business meeting
FAMB Chapter Educational Seminars
FAMB President Ritch Workman on Cavuto

Happy New YearWelcome to "The FAMB Focus", a bi-weekly publication issued by the Florida Association of Mortgage Brokers! 

"The FAMB Focus" has been the communication tool of choice for the association since it's inception in October 2004.  We hope that you find this publication informative, useful to your business and helps you discover the many benefits of membership in FAMB.  Thank you for being a part of the over 60,000 FAMB subscriber community.

Government Affairs US FlagGovernment Affairs Update  -Federal Version
 
By Scott Tennell - Federal Government Affairs Chair


LOAN LIMITS ESTABLISHED WITH HOUSING AND ECONOMIC RECOVERY ACT OF 2008 (HERA) ARE ABOUT TO EXPIRE - Conforming Jumbos and supercharged FHA loan limits expire on December 31, 2008, unless the expiration date is extended by an act of Congress. High cost states like California will see a drop in the maximum loan limit compared to what has been available. The 2009 loan limits are as follows:
 
FNMA / FHLMC                  $417,000
 
FHA Forward MAX              115% of the MSA
Median Home price as determined by HUD.
(In High Cost Areas, the maximum loan amount will not exceed $625,500 regardless of MSA Median Home Price)

FHA Reverse                        $417,000

Hope for Homeowners        $550,440
 
US Treasury to Purchase Mortgage Backed Securities from FNMA, FHLMC, and GNMA  - On November 25, 2008, the Federal Reserve Board and the US Treasury announced they would purchase mortgage backed securities to reduce the cost of credit, support housing and increase the availability of credit. The purchases of these assets will take place over several quarters and more details will be released after consulting with market participants.
 
OCC, FRB, FDIC, OTS, NCUA proposed to update the Interagency Appraisal and Evaluation Guidelines - Appraisals and evaluations of property used as collateral for mortgage financing continues to go through reform to insure the appraisals and valuations reached are independent of unjust influence. The last time the interagency guidelines were revised was back in 1994; however, since 1994, technology, lax underwriting criteria, and a patchwork of guidance relative to appraisal standards have changed dramatically over the years. On November 20, 2008, the joint agencies published in the Federal Register the proposed update to the Interagency Appraisal and Evaluation Guidelines. This proposal is designed to revamp all of the patchwork from the Appraisal Institute throughout the years, include technology such as the use of automated valuation models (AVMs) and Tax Assessed Valuation (TAVs) and defining appraisal independence from loan production as well as from underwriting. The comment period is open for 60 days. All comments must be submitted by January 20, 2009. This initiative is similar but separate from the Home Valuation Code of Conduct (HVCC) which is estimated to be implemented on March 1, 2009. Because the Home Valuation Code of Conduct only applies to FNMA and FHLMC, and the proposed rule covers all regulators many argue the proposed rule will be more uniform and sound. Click on the link below to read the official proposal.
 
CLICK HERE TO READ THE OFFICAL PROPOSAL 
 
HOPE FOR HOMEOWNERS EXPANDING CRITERIA PROPOSED TO CONGRESS - It has been just over 60 days since the Hope for Homeowners program went into effect. Many housing counselors, borrowers, and loan servicers have had a great deal of difficulty getting this program off the ground. The Hope For Homeowners Program is voluntary for the existing lender(s). Those that are willing to participate have been resistant because of the amount of the write off is much larger on average than anticipated. Therefore the 90% maximum LTV is not enough for existing lenders to participate and found foreclosure to be a more attractive option. Therefore HUD is asking Congress to consider some modifications to the Hope For Homeowners Program to encourage more participation from lenders and qualify more homeowners. The following enhancements have been proposed:
  • Borrowers with a housing ratio <= 31 and a debt ratio <= 43, increase the LTV to 96.5%
  • Borrowers with a housing ratio <= 38 and a debt ration <=50 to keep the LTV at 90%
  • Allow HUD to make a payment to subordinate lien holders to release the lien as opposed to a shared appreciation mortgage, which they may or may not receive any funds.
  • Allow amortizations up to 40 years to assist in qualifying more homeowners.
Crystal Ball 
Don't Miss FAMB's World of Wonders 2009 State Convention and Trade Show
 
Your future is clear...you will travel to increase your knowledge and find prosperity in a World of Wonders. 

Don't miss your destiny...mark your calendars for FAMB's World of Wonders 2009 State Convention and Trade Show to be held July 15 - 18, 2009 at the Orlando World Center Marriott Resort and Spa in Orlando, Florida.


Would you like to be kept up to date on information about exhibiting at the 2009 Convention and Trade Show? 

Click here to join our exhibitor mailing list...


Crista BrittonFAMB Focuses on a Chapter...the Southwest Chapter
 
The Southwest Chapter, led by President Crista Britton, has focused their energy on providing their members with quality meetings yet saving funds.  They have managed to save by carpooling to state events and combining board meetings with membership meetings to lessen the amount of time their board members need to be out of their offices. 
 
While the chapter has been financially responsible, they have also shown a dedication to their members by providing them with quality meetings.  They had Rep. Thompson and Sen. Aronberg in October following an Ethics educational seminar.  In November, they were asked by the City of Cape Coral to advise them on how/where to allocate their HUD funds grant. They are going in the direction of providing some type of loan/down payment assistance and asked the chapter to be on the committee.  Several board members have been participating.  In December, the chapter held a meet and greet where they collected toys for the Boys & Girls Club of Lee County.
 
They are planning a rummage sale in February to benefit Gulf Coast Animal Shelter & The Boys and Girls Club of Lee County.  In addition, the chapter is are planning a Tabletop Tradeshow for March. 
 
Way to go Southwest Chapter! 
FAMB President Ritch Workman on Cavuto 
Upcoming FAMB Chapter Trade Shows 
 
Is your company looking for an effective way to share your products and services with Florida's top mortgage professionals?  You may want to consider exhibiting at one of our chapter trade shows. 

Don't miss this opportunity to have your area account executives meet and greet with local attendees and build your market share today!

welcome mat 
FAMB Welcomes Its Newest Members 

The Florida Association of Mortgage Brokers would like to take this opportunity to welcome those individuals who joined the association during the month of December.

  • Miami - Maria Lourdes Cuervo
  • Northwest - Dale Vermillion
  • Southwest - Karen T. Watenpuhl

Thank you for joining FAMB and we look forward to your active participation in your local chapters.