Another new change in the mortgage industry starts today, June 1^st – the adoption of the Fannie Mae Loan Quality Initiative. This initiative is an order from Fannie Mae, the largest buyer of mortgages in the mortgage aftermarket, that all lenders who want to sell them loans must do extra due diligence, and check to make sure that there are no red flags that the lender would have otherwise missed. Most of these changes are ones that have already been adopted over the last year, like running social security numbers through a data base to make sure they are correct, and pulling IRS tax transcripts on every transaction. But there is one new ingredient to this mix which is likely to throw the industry for a loop, and delay and in some cases blow up the closing on the last day. This new change is that starting with applications taken today, June 1^st, any loans sold to Fannie Mae will have to have a credit report run again on the day of funding to make sure that the borrower has not taken on any additional debt. If they have new accounts, or if they have inquiries on their credit report which means that they could have opened new credit but it hasn’t shown up yet, the loan has to go back to the underwriter and more research has to be done to see if this is a problem, or not.

This new underwriting overlay, like so many of the other changes, is a reaction to the soft real estate market and the high rate of foreclosures. Underwriting was way too lax before, which got us into this mess, but underwriters now are going out of their way to make sure that there is absolutely nothing in the file that could be used as an excuse for the end lender (the wholesale lender or Fannie Mae) to require that they buy back the loan if for some reason it does go bad. Overall, this is a good thing. Making risky loans is bad for everyone. But this new initiative is going to add a whole new level of uncertainty to every real estate transaction. So far all the extra checking and verifications that are part of the loan process have been things that we do at the beginning when we first take on the loan. This, coming at the end, means that you can never have a fully approved loan until the closing.

So many real estate transactions are links in a chain of sales where the seller of one home is buying another, and each transaction is subject to the closing of the prior transaction. If a first time home buyer on a sale at the beginning of the chain is kicked out for going beyond his ratios, this means that all the other transactions downstream are also on the rocks. In practical terms, what this now means is that there is no such thing as a “clear to close” approval. A clear to close means that all of the prior to close conditions have been signed off on and that the loan is moved into the closing department. Real estate attorneys traditionally demand to see that a loan is clear to close before they will waive on their client’s mortgage contingency (which protects their client’s earnest money), and many attorneys won’t set a closing until they have this in writing. Now, even if you have a written loan approval with all the conditions signed off, it still isn’t a real approval, because something could still come up on the credit report the day of the closing, either with your buyer or one further up the chain.

Another potential issue is that Fannie Mae states in the initiative that they are concerned with the items on the credit report and how they affect the borrower’s purchasing power. The initiative doesn’t mention credit scores, but I’m betting that some lenders will look at this in a more conservative way. If they interpret this as having to pull a full credit report, and if scores are stated, this too could effect the loan approval. Many loan programs are based on credit scores, and if the score drops prior to closing will that mean the loan no longer fits the guidelines? This could be another can of worms.

So long story short, be aware that your credit use can affect your loan approval even after you have an initial approval. Here is what you need to watch out for until the loan has closed:

First of all, don’t take on any debt that you can’t comfortably afford.

Don’t open any new credit accounts, don’t buy a car or even furniture or appliances with no payments for the next six months. All of these will have to be accounted for.

Put your credit cards on hold until closing. You can make your normal monthly purchases, but don’t buy anything out of the ordinary.

If you absolutely have to buy something, check with your loan officer first and make sure you document the new credit.

Think twice before having someone pull your credit. Even if you don’t take on new debt the credit inquiry looks like you are and will need to be explained.

The initiative is strictly with Fannie Mae at this point, but usually whatever Fannie does Freddie Mac quickly follows, and FHA is likely to adopt these regulations, too. Even if they don’t, many lenders will take the initiative and run these on every loan to shield themselves from liability. So this is likely to become an industry standard.

Peter Thompson 630-479-6424

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