
There are varying reasons that are ultimately affecting the decline in newly originated mortgage loans. Luckily, though, current mortgage rates are not a determining factor. As current mortgage rates remain historically low today, they will eventually contribute to the waning volume as analysts predict mortgage rates will climb as high as 6% one year from now. Nonetheless, mortgage volume is deteriorating now, but why? Two primary reasons for the decline in mortgage volume can be attributed to the new RESPA (Real Estate Settlement Procedures Act) disclosure laws that commenced at the beginning of 2010, along with the increased fees associated with FHA-insured mortgage loans.
Essentially, the new RESPA disclosure laws require loan originators to provide a Good Faith Estimate (GFE) that clearly discloses important loan terms and all closing costs to their borrowers by providing them with a new HUD-1 settlement statement. As a result, it is anticipated that loans will take longer to close. Additionally, many loans will either be delayed or cancelled altogether. RESPA prohibits certain fees from exceeding 10% higher on the HUD-1 that is presented to the borrower at closing. Otherwise, the lender loses the difference. To avoid such a scenario, many lenders concede they are initially disclosing higher-than-normal fees to their borrowers to prevent the penalty. In the end, closings are expected to take longer than the customary 30 or 45 days. At least for the short term, many mortgage experts anticipate the new RESPA disclosure laws will prevent as many as 25% fewer loans from closing.
Another noteworthy explanation for the falloff in mortgage volume is the new lending guidelines and fees initiated by FHA. Prompted by the considerable amount of mortgage foreclosures by borrowers with FHA-insured mortgage loans, FHA has instituted new lending guidelines and increased fees in an attempt to produce a monetary cushion that would reduce the likelihood of a taxpayer bailout. Among the changes include an increase to the upfront mortgage insurance premium, currently 1.75% of the loan amount, by 50 basis points to 2.25%. This upfront mortgage insurance premium increase is the second in as many years. Additionally, the maximum allowable seller’s concession will be reduced to 3%, down from 6%. FHA’s January 20, 2010 press release outlines the entirety of the policy changes.
Especially in the last year or so, FHA-backed mortgage loans have grown in popularity and thus represent a significant percentage of all mortgage loans nationally. Regardless of any financial difficulties FHA is experiencing, they are expected to continue to gain in popularity as refinance opportunities evaporate.






