Wednesday, December 21, 2011

December 21: MBA/STRATMOR peer group; the CFPB wants your input! Insurance against fraud; info on cancelling Case Numbers

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If you have a few minutes, and want to learn more about our economy ("One

recent  survey found that one out of every three Americans would not be able

to make a mortgage or rent payment next month if they suddenly lost their

current job," for

example) check out:


azy-believe

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ZXK0V7CgbVgnLwxP0cJBUlp4gQFHqAL7fUx_VTpaqEyNJ92axpHvxCl_cAiw_c-Fm9GMDR01VoMf

AJeNGarHBDE5G-YjjKthsPyPwQh-W5R7efLbeUYhFEq7M=].



Here's an interesting debate question one industry vet asked: "How many

non-depository mortgage bankers are still giving partial lender credits to

borrowers?"  I think  you will find that depository lenders do not allow

this practice as it is a violation of Fair Lending and Desperate Impact.

Loan Originators are not allowed to provide anything to one borrower that is

not equally available to another, yet loan originators continually increase

interest rates and give lender credits as a means to compete.

 I guess MLO Comp missed that one."

The end of the year is a good time to clean things up, which includes

cancelling  Case Numbers. HUD reminded lenders that, "Case Number

assignments eligible for cancellation where the borrower and property remain

the same: Lenders may request a case number cancellation only for loans that

have not yet closed.  Lenders must submit their request to the

jurisdictional Homeownership Center (HOC) via the relevant electronic

mailbox below.  Fax requests are no longer accepted by FHA. Denver: 

Send request to email box: denhocinsure@hud.gov


 Send request to email box: PHOCInsure@hud.gov [mailto:PHOCInsure@hud.gov],

Santa

Ana:  Send request to email box: snahocinsure@hud.gov

[mailto:snahocinsure@hud.gov], and Atlanta:  Send Request to email box:



Your request must include in the subject line of the electronic mail: type

of request (i.e. case number cancellation), and case number that you wish to

cancel."



Another thing that usually happens at the end of the year is a drop off in

mortgage

applications: I guess trying to figure out whether to make pumpkin pie or

the chocolate-peppermint parfait takes precedence over locking in a rate.

The MBA reported that last week's apps dropped 2.6%. Michael Fratantoni,

MBA's vice president of research and economics, wisely noted, "Remarkably

low rates are not enough, as many homeowners continue to hold back due to

lack of equity in their properties, poor credit and a weak job market."

Refi's are now nearly 81% of apps!



Speaking of the MBA, they and STRATMOR Group have conducted the Peer Group

Survey and Roundtable Program since 1998. This program creates a forum for

participating mortgage banking companies to review their financial results

and operating practices in relation to their peers: benchmarking. This

program is widely regarded not only for its detailed benchmarking outputs by

production channel, but also for its 1.5-day roundtable meetings. The

meetings allow companies to network and share ideas and  issues with peers.

Peer groupings are flexible and change over time, but include:

mid-size retail independents, mid-size multi-channel independents, mid-size

bank-owned institutions and large lenders typically originating over $5

billion annually. For each group meeting, the MBA/STRATMOR team compiles a

detailed presentation of historical trends and analyses of the most current

data series. If you would like to participate in MBA's upcoming Spring 2012

peer group survey (data as of December 31, 2011) or would like additional

information, please contact Marina Walsh in MBA's research  and economics


or Jim Cameron at STRATMOR Group at jim.cameron@stratmorgroup.com




The CFPB wants more input on alternative mortgage disclosure forms:


e-disclosure-that-is/

[http://r20.rs6.net/tn.jsp?llr=zy6u9cdab&et=1108989420782&s=8721&e=0019nlWdO

Ro7F_yQlApkux5HY0PknuU9i8gmcmTUhc19ekl30nt0EXWCE83v4MgCNCFzA1KTaIvIzfR8gHdZ-

cA7V59xvS_FJa-mR810BL8pCuDJ4eo9x3baFQilRYbhflsf9QyanidHh7wzOxXcmKfxFPQ2DAqyU

MnLB7xpsjkY9DfLKjNzK45T61L5xKDVDRkhS-5Cl8v4HOVNEIj4ix3UQ==].

It is also looking for comments on its plan to collect information related

to the implementation of certain mortgage servicing rules, specifically the

reset of hybrid adjustable rate mortgages, periodic mortgage loan

statements, and force-placed insurance disclosures. The CFPB plans to

implement those requirements in part through model forms and disclosures:


[http://r20.rs6.net/tn.jsp?llr=zy6u9cdab&et=1108989420782&s=8721&e=0019nlWdO

Ro7F8RgLgdgmbwvhehUNzZhl5Nc6iOShgynXYzdL0_i63wKRyWX99r9RrSVl46cX9mDdrZ5arMNE

cOQUARa2nPblK_ty9EuPUoMmITSzEELoHa6I79n7-4Sr917CzxP1N_7UJx53YWzSYcPGZr-5w3Zp

pn].



Last week I wrote about recent fraud statistics, reported by Housing Wire.

Fraud  risk is one of area lenders may be able to reduce the exposure but

never eliminate it.  If a borrower wants to misrepresent information or

their intentions they can likely get away with it. The statistics from last

week would lead one to believe

 that is fact.   Fannie Mae indicates that undisclosed debt (27%) and

occupancy

fraud (21%) are two of the bigger culprits on new originations. Many have

turned  to technology to assist in the detection and so have the investors.

Take for example occupancy.  Many portfolio lenders now have the ability to

compare utility bills  to borrower.  If they don't match does that mean

there is occupancy fraud?  It leads one to believe, and we've seen signs,

that the new repurchases will likely  be triggered earlier in the process,

perhaps in advance of default or even foreclosure loss. There are insurance

solutions that can provide cost effective protection from

these risks.   If you have interest in learning about the solutions contact

Justin


J. Gallagher

(NYSE: AJG).

Honestly, I lose track of who is suing who. California's Attorney General

filed lawsuits against mortgage giants Fannie Mae and Freddie Mac on

Tuesday, demanding that the companies that own some 60 percent of the

state's mortgages respond to questions in a state investigation. Silly me -

I thought that California was already involved in a lawsuit with the

agencies. Anyway, CA is investigating Freddie and  Fannie's involvement in

12,000 foreclosed properties in California where they served as landlords.

The AG also wants to find out what role the companies played in selling or

marketing mortgage-backed securities, is calling on Fannie and Freddie to

identify all the California homes on which they foreclosed, and want the

mortgage firms to reveal whether they have information on the decreased

value of those homes due to drug dealing or prostitution, as well as

explosives and weapons found on those vacant properties.

Remembering back to your U.S. government class, the Supreme Court decides to

hear certain cases, and then actually hears the arguments months later. In

mortgage news, the Supreme Court has decided to hear a fair housing case

that could upend a legal theory that the Department of Justice, banking

regulators and private attorneys use to show mortgage lenders have

discriminated against minority borrowers. Most  fair lending cases against

lenders these days are based on a "disparate impact"

 legal theory where the government or other plaintiffs rely on data and maps

to show discriminatory lending practices. Prior to the Obama administration,

the Justice Department and banking regulators adhered to a "disparate

treatment" standard where they had to go beyond statistics and prove intent

to discriminate. "Under the disparate impact theory, they rely exclusively

on statistics," according to Andrew Sandler, a partner at the Washington law

firm BuckleySandler. "There is some likelihood that the Supreme Court will

significantly narrow or eliminate the use of disparate impact under the Fair

Housing Act in fair lending cases." Basically the government should find

evidence of intent to discriminate before filing cases against lenders.

Watch for "Magner v. Gallagher" coming to a theater near you early next

year.



Here is a note from a reader on a plan: "If you can short sale a home, you

should be able to refinance your home on the same premise as a short sale.

This will get the lenders to adjust their valuation systems since suddenly

values take a dramatic leap because lenders will use the better comps versus

looking for the worst comps and remove some of the uncertainty around

values. The loan program would be for primary residences only, 100% of

determined value.  The DU Refi Plus to 125% or higher nonsense needs to stop

and lenders need to take a stand - we are kicking the can down the road. The

borrower would pay a slightly higher rate of 50 to 75  bps higher than

market rates.  The loan should have a prepayment penalty but Congress will

never buy that, and there is no interest tax deduction going forward for

that home for a certain period of time. The lender takes out a life

insurance policy on the borrower, paid for by the higher rate, for the

balance owed and is paid in full upon their death. And the program could

apply to all loans where the borrower owes more than it is worth, not just

Fannie/Freddie loans since many people are in Alt A and Subprime loans are

not being offered the same opportunity as a Fannie borrower. We need to get

rid of the band aid lending policies and end this. I call this the Homeowner

Stabilization Act. For thoughts write to Mark Weber at mweber89@cox.net




"European Union officials suggested that working out the details of an

agreement  on fiscal integration between the many EU countries may take

months." I saw this headline, and wondered, "Is this a surprise to anyone?"

But yesterday the markets were moved by events here in the United States as

investors moved money out of fixed-income, "risk-free" markets and into

stocks. The Housing Starts and Building Permits numbers helped, and

investors tended to shrug off news that Congress remained unable to reach an

agreement to extend the payroll-tax (which, one could argue, could create

potential risks to economic growth). Treasury 10-year notes lost nearly one

point in price and rose to 1.92%, and rate-sheet MBS prices fell/worsened by

about .250

- a nice "tightening."



But once again, we find ourselves watching the bickering in Washington, but

note  that without Congressional action, payroll taxes will go up

significantly in 2012 which would add materially to fiscal drag. That may

help rates - but most originators would rather have a better economy than

lower rates.



For economic news, later this morning we have Existing Home Sales for

November which is projected higher by 1.6% to 5.05 million. And the Treasury

concludes its latest round of auctions with $29 billion 7-year notes at 1PM

EST. Rates are currently unchanged with the 10-yr at 1.91% and MBS prices

unchanged from Tuesday afternoon.



Exercise?



My grandpa started walking five miles a day when he was 60. Now he's 97

years old and we have no idea where the heck he is!

I like long walks, especially when they are taken by people who annoy me.

The only reason I would take up walking is so that I could hear heavy

breathing again.

I have to walk early in the morning, before my brain figures out what I'm

doing.



I do have flabby thighs, but fortunately my stomach covers them.

The advantage of exercising every day is so when you die, they'll say,

"Well, he  looks good, doesn't he."

If you are going to try cross-country skiing, start with a small country.

I know I got a lot of exercise the last few years - just getting over the

hill.

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

site  located at www.stratmorgroup.com

[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 discusses the time frames for borrowers returning to

A-paper status after a short sale or foreclosure. 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=S0708&p=http%3A%2F%2Fwww.mortgagenewsdaily.com%2Fchannels%2Fpipelinep

ress%2Fdefault.aspx]


[http://r20.rs6.net/tn.jsp?llr=zy6u9cdab&t=ohjxo9iab.0.v7uif6dab.zy6u9cdab.8

721&ts=S0708&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=ohjxo9iab.0.fpg7qedab.zy6u9cdab.8

721&ts=S0708&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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