Friday, July 29, 2011

July 29: New BofA lawsuit; poor MI & investor earnings; LO comp issue has not gone away; at least rates are good



"Why do chicken coops have two doors? Because if they had four doors they'd

be sedans."



And thus starts Friday, with very good rates but a lot of news for folks in

the

mortgage banking and real estate business to be watching. First, of course,

the

debt crisis continues on in Washington - more on that below. Second, Monday

is August

1st, which is the end of the public comment period for the nearly

universally dreaded

QRM provisions. Those "in the know" believe that, as proposed, the

restrictions

are unlikely to fly. (There is more at QRMDoubts

[http://r20.rs6.net/tn.jsp?llr=zy6u9cdab&et=1106833872767&s=8721&e=001rw9YRg

zyzPvlZ6kmivYyxGldJIsLgn8WVj5qnIAphK8d00CzyaB3BT5vSRmcgArlIw7xMiQq5P2Krj9eAA

3sogzZEsqPlkC2vA1HhNdskInQ5ijsxNlYe3yoca6kUiSK_nRTI9yKNUx5xp8WOk49fA==].)



Third, regulators say they've identified conflicts between Basel III and

parts of

the Dodd Frank Act relating to credit rating agencies. (Yes, those rating

agencies

that mistakenly rated billions of mortgage debt several years ago, and which

are

 providing information about downgrading government debt now.)

Representatives from

the SEC, the Federal Reserve Bank, and the OCC gave evidence to the House

Financial

Services Subcommittee on credit rating agencies in Washington on Wednesday.

Federal

Reserve Board associate director of banking supervision Mark Van Der Weide

told

the panel the Reserve Board plans to remove mentions of credit rating

agencies from

its rules "in the near future" but he said the process was being complicated

by

Basel III, which does mention credit ratings agencies. Section 939 A of the

Dodd

 Frank Act requires all federal authorities to review and replace references

to

credit ratings agencies in their regulations, with "alternative measures of

credit

worthiness". Van Der Weide said the Fed had received feedback from the

public and

commentators saying the act "could lead to distortion in the market". Great.



Fourth, Bank of America is facing a new securities-fraud lawsuit filed by

former

 Countrywide investors (including BlackRock and the California Public

Employee's

 Retirement System) that opted out of a $624 million settlement last year.

According

to the suit Countrywide misled shareholders about its finances and lending

practices.

For more go to: BankofAmerica

[http://r20.rs6.net/tn.jsp?llr=zy6u9cdab&et=1106833872767&s=8721&e=001rw9YRg

zyzPvPJHpiBvwYG_clAQ8kHTC6KR8Vg7yAYyspfzR5a3jhaVEhIeYx_drjBSU-8tsGPYzTlzbdpr

OnSRbf95aHZ2suoLV8F1RapaYtjd11YByTGr8MVIlDzGmJo99wBT3iWjn-nHj5OCiFVy1RkK8xZt

ca0-REYZukVFBy4BWTkUCcNZ9QXc3Dj0DFYqJ4QoeADGFaZI9xltbRfLOrD6S1S4foCHcZp3hZ-z

EQ9Oo-HB7q7w==].



Returning to the debt crisis, and the apparent inability for our elected

officials

to send a budget to the president, the bond market seems focused on three

developments:

"(1) A downgrade of Treasuries by at least one ratings agency.  (2) A more

prolonged

downdraft in economic activity, caused in no small part by the uncertainty

raised

by the debt issues.  (3) Clinging to the notion that a full-scale Treasury

default

will be avoided, mostly because it's too painful to think otherwise." Paul

Jacob,

with Banc of Manhattan, points out that although these issues would normally

cause

the yield curve to steepen (leading to higher mortgage rates), but there are

a few

reasons why rates have not done much of anything. "For one thing, markets

are supposed

to look past labels and truly assess risks - has the U.S. long-term deficit

outlook

really changed over the past 6 or 12 months?  Then there's the state of the

economy

- things are slow, which would keep rates low. And lastly, China, a major

world

economic influence, continues to hold US dollars and securities, helping

prices.

 Very good points.



Corporate earnings for mortgage-related companies took a turn for the worse

in the

last day or two. Old Republic International (RMIC) swung to a $66 million

loss in

the second quarter on worsening claims costs in its troubled mortgage

guaranty business.

The insurer said Thursday it would likely place the mortgage guaranty unit

into

run-off mode if it does not manage to transfer the unit to a separately

capitalized

subsidiary before the end of August. CEO Aldo Zucaro in January predicted

the mortgage

guaranty industry won't be profitable until 2013.



PHH lost $41 million, in part due "fair value charges on mortgage servicing

rights

(MSR)" of $117 million. During the 2nd quarter the investor saw interest

rate lock

commitments (IRLCs) of $7.5 billion, compared to $8.4 billion in the second

quarter

of 2010. Its mortgage loan servicing portfolio increased to $174 billion as

of June

30, 2011, up from $156 billion at June 30, 2010. "While our servicing

portfolio

delinquencies rose slightly to 3.22% at quarter-end from 3.15% at the end of

the

 first quarter, they are still approximately half those of most other large

servicers.

Foreclosure costs remain elevated at $24 million, compared to $20 million in

the

 second quarter of 2010, driven by increased repurchase requests. As we

expected,

our mortgage origination market share declined from 4.3% in the first

quarter of

 2011 to 3.7% in the second quarter."



Genworth Financial lost $96 million in the 2nd quarter. The company said its

U.S.

mortgage insurance unit's operating loss worsened to $253 million in the

quarter,

compared with a loss of $40 million in the same period last year. The wider

loss

 came after the company set aside $300 million in reserves to cover bad

loans. Genworth

noted that the total flow of delinquencies declined 2 percent from the

previous

quarter, however.



One bright spot, if there is one, is that D.R. Horton, the largest U.S.

homebuilder,

reported a bigger-than-expected quarterly profit, helped by cost cuts. The

company

managed to cut its selling, general and administrative expenses to less than

12%

 of revenue.



One issue that seems to have quieted down is LO compensation. But it is in

no way

a dead issue as companies continue to adjust and fine tune the rules and

regulations.

National Mortgage News came out with a list of "Ongoing Reminders About

Compensation

Under the Dodd-Frank Wall Street Reform and Consumer Protection Act" worth

noting.

Lenders are encouraged to remember that payments made by creditors to loan

originators

are not payments made directly by the consumer, regardless of how they might

be

disclosed under HUD's Regulation X, which implements the Real Estate

Settlement

Procedures Act. Because the long-term performance of the loans is not a term

or

condition of a loan it is permissible to go back and "ding," or take back

part or

all of the commission on a particular loan from a loan originator, if the

loan has

an early default because that's not a term or condition. "However, you

should be

 certain you are not violating wage and hour laws of the Fair Labor

Standards Act

and not violating state wage and hour laws as set forth by the Division of

Labor

 Standards Enforcement in California or for that matter, any other state."

The third item on this list is a reminder that compensation to originators

can vary

based on how the loan application was produced, for example, commissions may

be

higher for leads generated by the originator versus the company. Federal

Reserve

 Board staff states that as long as compensation is not based on loan terms

or conditions,

or a proxy, it is acceptable. If pricing of two loans differs, there may be

a concern

that channel is being used as a proxy for loan terms or conditions but other

factors

may justify differences. Be certain you can prove it in the event of an

audit. Fourth,

a mortgage loan originator is a person who arranges, negotiates or obtains a

loan

for a consumer and whose compensation is based on whether any particular

loan is

 originated. Thus there are two sets of requirements to be a loan

originator: (1)

arranging, negotiating or obtaining a loan for a consumer and also (2)

having compensation

based on any particular loan. Both sets of requirements must be met for a

person

 to be a loan originator, and this person may not pay some or all of the

third party

fees of a consumer or otherwise credit the consumer out of his own pocket.

Lastly,

it appears that for purposes of the Dodd-Frank rule affiliates are treated

as a

single person, so that when a lender acts as a mortgage broker and is thus,

a loan

originator for purposes of the rule where there is a party that is an

affiliated

 settlement service provider, such as a title company, the bona fide and

reasonable

charges received by the affiliated settlement service provider are also

considered

part of the loan originator compensation.



At least rates are behaving. Thursday rate-sheet MBS prices (Fannie 4's,

which contain

4.25-4.625% mortgages) rallied nicely, resulting in some intra-day price

improvements.

Treasuries opened higher following a mixed session overnight on poor

earnings and

weak economic news, as well as, on the uncertainty regarding the U.S. debt

ceiling.

The 10-year note closed with a yield of 2.95%.



We opened this morning with the 10-yr at 2.92%: Spain's credit rating

(remember

Europe? It isn't going away.) was put on downgrade watch by Moody's, and the

PM

announced they would dissolve the parliament and hold early elections in

November.

(Maybe the US should try that.) China may lend money to Greece. Over here,

the Tea

Party resistance sunk Boehner's bill before it ever made it to a vote.

Republican

officials will try to push something through again this morning, but all I

see in

the press is more jawboning.



GDP for the 2nd quarter came out at +1.3%, worse than expected, and the

Employment

Cost Index also came out, but as one would expect, stocks are selling off

again,

 and the 10-yr yield is down to 2.88%, and MBS prices are better by at least

.250

depending on coupon. Later we have the Chicago PMI and the final July

Michigan Sentiment,

seen slightly higher to 64 from 63.8.



WIFE'S DIARY:

Tonight, I thought my husband was acting weird. We had made plans to meet at

a nice

restaurant for dinner. I was shopping with my friends all day long, so I

thought

 he was upset at the fact that I was a bit late, but he made no comment on

it. Conversation

wasn't flowing, so I suggested that we go somewhere quiet so we could talk.

He agreed,

but he didn't say much. I asked him what was wrong; He said, 'Nothing.' I

asked

him if it was my fault that he was upset. He said he wasn't upset, that it

had nothing

to do with me, and not to worry about it. On the way home, I told him that I

loved

him. He smiled slightly, and kept driving. I can't explain his behavior I

don't

know why he didn't say, 'I love you, too.' When we got home, I felt as if I

had

lost him completely, as if he wanted nothing to do with me anymore. He just

sat

there quietly, and watched TV. He continued to seem distant and absent.

Finally,

 with silence all around us, I decided to go to bed. About 15 minutes later,

he

came to bed. But I still felt that he was distracted, and his thoughts were

somewhere

else. He fell asleep - I cried. I don't know what to do. I'm almost sure

that his

thoughts are with someone else. My life is a disaster.

HUSBAND'S DIARY:

Boat wouldn't start, can't figure it out.



If you're interested, visit my twice-a-month blog at the STRATMOR Group web

site


[http://r20.rs6.net/tn.jsp?llr=zy6u9cdab&et=1106435366068&s=4179&e=001SVt-lj

bp53436QjxD9vbwURtIPPjV05jEcEKyBN3SjS2forXe0C_foO8RjEV-Uye0N7Z_Sh1il0SRXPx6P

jQauayNXQjni-Hc9Sseu-hhZcR1ujeZyAEpw==]

. The current blog takes a look at QRM and doubts about its passage. If you

have

 both the time and inclination, make a comment on what I have written, or on

other

comments so that folks can learn what's going on out there from the other

readers.



Rob   (Check out


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721&ts=S0660&p=http%3A%2F%2Fwww.mortgagenewsdaily.com%2Fchannels%2Fpipelinep

ress%2Fdefault.aspx]


[http://r20.rs6.net/tn.jsp?llr=zy6u9cdab&t=48fbh9gab.0.v7uif6dab.zy6u9cdab.8

721&ts=S0660&p=http%3A%2F%2Fwww.thebasispoint.com%2Fcategory%2Fdaily-basis].

For archived commentaries, go to www.robchrisman.com

[http://r20.rs6.net/tn.jsp?llr=zy6u9cdab&t=48fbh9gab.0.fpg7qedab.zy6u9cdab.8

721&ts=S0660&p=http%3A%2F%2Fwww.robchrisman.com%2F].

Copyright 2011 Rob Chrisman.  All rights reserved. Occasional paid notices

do appear.

This report or any portion hereof may not be reprinted, sold or

redistributed without

the written consent of Rob Chrisman.)

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