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Fannie Mae and Freddie Mac to further tighten commercial real estate loan regulations

Fannie Mae and Freddie Mac, two government-sponsored enterprises that play a significant role in the US mortgage market, are tightening their rules for commercial lenders and brokers in response to recent mortgage fraud schemes. The Wall Street Journal reported that these updated parameters could be implemented as early as this summer, reflecting a growing concern over fraudulent activities in the real estate sector.

Freddie Mac had already announced new guidelines earlier this year, signaling a shift towards stricter regulations. The latest wave of real estate schemes has involved various fraudulent practices, such as falsified income statements and inflated property prices through fake sales. In light of these developments, Fannie Mae and Freddie Mac are taking proactive measures to safeguard the integrity of the mortgage market.

Among the new requirements being considered, lenders would be mandated to independently verify borrowers‘ financial information to ensure they have sufficient funds and validate the source of these funds for properties like apartment complexes and multifamily units. Additionally, lenders may be required to conduct independent due diligence on the appraised value of a property and assess its financial performance, adding an extra layer of scrutiny to the lending process.

These new rules represent a departure from the previous guidelines that afforded lenders more flexibility in choosing the verifications they deemed necessary, potentially allowing for oversight or abuse. By imposing stricter verification measures, Fannie Mae and Freddie Mac aim to mitigate the risks associated with fraudulent activities and maintain the integrity of the mortgage market.

As major players in the residential and commercial mortgage market, Fannie Mae and Freddie Mac collectively hold a 40 percent share as of September 2023, according to their latest annual report. The implementation of these new rules is a response to the surge in property prices preceding the sharp increase in interest rates, which has been linked to fraudulent valuations and a subsequent decline in commercial property prices since 2022.

Freddie Mac has already taken steps to address potential fraud by requiring rent receipts and scrutinizing loan financials for any discrepancies. The agency has also suspended new loans and appraisals from certain entities, such as Dallas-based BBG, while Fannie Mae has blacklisted title insurers Riverside Abstract and Madison Title. These actions demonstrate the seriousness with which Fannie Mae and Freddie Mac are approaching the issue of mortgage fraud.

The introduction of these stricter rules is expected to slow down the lending process, as lenders will need to navigate additional paperwork and appraisals to comply with the new requirements. While this may pose challenges for lenders and borrowers alike, the ultimate goal is to safeguard the integrity of the mortgage market and protect against fraudulent activities that could undermine its stability.

In conclusion, the efforts by Fannie Mae and Freddie Mac to tighten regulations for commercial lenders and brokers reflect a proactive approach to addressing mortgage fraud and ensuring the integrity of the real estate sector. By implementing stricter verification measures and cracking down on fraudulent practices, these government-sponsored enterprises are taking decisive action to safeguard the mortgage market and protect the interests of all stakeholders involved.

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