Monday, May 19, 2014

This Week Executive Rate Market Report &CFPB has Not Been Idle in Recent Weeks



 

Friday a little price decline, this morning started better recovering the declines on Friday. The US stock market futures traded weaker early, supporting the bond and mortgage markets. After the strong three day decline in rates last week the bond and mortgage markets now consolidating the strong rally; the good news so far is that there hasn’t been any selling, just no buying. At 9:00 this morning the 10 yr note +6/32 (18 bp) at 2.50% -2 bps; 30 yr MBS price +14 bp.

Not much on the economic calendar this week but what there is will draw a lot of attention. Both existing and new home sales for April, and the minutes from the last FOMC meeting (4/30) are the keys this week. The bond and mortgage markets continue to take their lead by how the stock market trades; don’t be misled, traders are moving back and forth between stocks and bonds in the last month. There is an increasing concern now that the economy isn’t robust and the outlook for increased growth has been lowered in the minds of many investors. This year is not going to grow at the 3.0% rate that was the consensus a month ago. Q1 GDP will end negative and Q2 outlook is being reduced.

At 9:30 the DJIA opened -46, NASDAQ -14, S&P -4; 10 yr 2.50% -2 bp and 30 yr MBS price +14 bp.

Tensions in Ukraine are lessening (maybe); according to the news reports Putin has ordered Russian troops near the Ukrainian border back to base, the Kremlin said, signaling a possible easing of tensions six days before Ukraine’s presidential election. Ukraine will hold a presidential election next Sunday. Putin said contacts between the Kiev government and supporters of a decentralization of powers to the country’s regions was a welcome event. The take away for the US interest rate markets is that the Russian/Ukraine situation is becoming less a factor on safety into treasuries. The US rate markets now are focused on the increasing weakness in the stock market and, the what is now an inevitable move from the ECB, to add additional stimulus. 90% of economists in the Bloomberg Monthly Survey predict the European Central Bank president will ease monetary policy in June after saying on May 8 that officials are “comfortable” with acting then. The rate markets in Europe continue to decline on the strong belief another round of QE is on the way. The fall n rates in Germany, France and other European countries has made US treasuries cheap with our 10 yr note at 2.50% while the German 10 yr bund is trading at 1.34%.

No direct economic news this week until Wednesday, in the meantime there are a number of Fed officials speaking. At 12:10 today Dallas Fed pres. Fisher; Tuesday at 12:30 Philly Fed res. Plosser; Wednesday 11:30 Janet Yellen at NYU commencement, 12:50 pm Kansas Fed pres., George, at 1:30 Minneapolis Fed pres. Kocherlakota.

 

This Week’s Economic Calendar:

 

         Wednesday,

             7:00 am weekly MBA mortgage applications

             2:00 pm FOMC minutes from 4/30 meeting

         Thursday,

             8:30 am weekly jobless claims (+13K to 310K)

             10:00 am April existing home sales (+2.1% to 469K units)

                            April leading economic indicators (+0.4%)

         Friday,

             10:00 am April new home sales (+8.6% to 420K units)

              2:00 pm EARLY BOND MARKET CLOSE

        

Interest rate markets presently working on key resistance at 2.48%, the lowest close since last November. Technicals still looking gdod but the 10 yr note, based on its relative strength index is at overbought levels that will likely keep rates from declining much and may push rates a little higher as the recent rally needs to be consolidated to test any upside trading. We expect interest rates will continue to fall as long as the equity market remains weak. On Thursday and Friday April home sales will be key; the housing sector has been the major drag for the economy. Both existing and new home sales are expected to have improved in April, if so that could roil the rate markets, As for Ukraine, nothing is expected this week with the election scheduled for next Sunday.

PRICES @ 10:00 AM

10 yr note:                    +5/32 (15 bp) 2.51% -1 bp

5 yr note:                      +4/32 (12 bp) 1.53% -2 bp

2 Yr note:                      +1/32 (3 bp) 0.35% -2 bp

30 yr bond:                   +1/32 (3 bp) 3.3.34% -0.5 bp

Libor Rates:                 1 mo 0.149%; 3 mo 0.228%; 6 mo 0.325%; 1 yr 0.534%

30 yr FNMA 4.0 June:  @9:30 105.42 +14 bp (+10 bp from 9:30 Friday)

15 yr FNMA 3.0 June:  @9:30 103.69 +10 bp (-1 bp from 9:30 Friday)

30 yr GNMA 4.0 June:  @9:30 106.20 +9 bp (-20 bp from 9:30 Friday)

Dollar/Yen:                  101.16 -0.34 yen

Dollar/Euro:                $1.3723 +$0.0029

Gold:                           $1301.10 +$7.70

Crude Oil:                   $102.73 +$0.71

DJIA:                           16,471.57 -19.74

NASDAQ:                    4101.66 +11.07

S&P 500:                     1879.55 +1.69

 

The CFPB has been busy. Recently it was, "We're launching an intuitive, easy-to-navigate electronic format of Truth in Lending regulations (Regulation Z), which will make it easier to implement and use the recently adopted mortgage rules. The eRegulations tool presents the text in clear, readable form, is easy to navigate and allows the user to compare different versions to identify changes. Check out the eRegulations tool.

This follows on the heels of, "We're implementing changes to the format of the Examination Reports and Supervisory Letters that we send to supervised entities after our reviews of their compliance with federal consumer financial laws. The main change is the creation of a single section in the report that includes all of the items that we expect the entity to address when a review identifies violations of law or weaknesses in compliance management. This entire section will be referred to as "Matters Requiring Attention," regardless of whether the Bureau is requiring specific attention by an entity's Board of Directors.

Every lender, big or small, has exposure to the CFPB. (In fact, many believe that arguably any financial transaction involving a consumer has exposure to the CFPB.) The last thing that the Agency/Bureau wants is to be accused of restricting access to credit, right? "The proposal includes two changes that would help certain nonprofit organizations continue to provide mortgage credit and servicing to underserved populations. The proposal also lays out limited circumstances where lenders that exceed the points and fees cap can refund the excess amount to consumers and still have the loan be considered a Qualified Mortgage." Here you go: Nonprofits in the lending biz

And don't forget the CFPB's announcement a few weeks ago that said it was considering allowing a cure for mortgages that were closed as QM (qualified mortgages) but later lost their QM status. From what lenders have told me, most of these are due to issues with the upfront points and fees exceeding the 3% cap. The CFPB proposed a 120-day period wherein lenders could cure an "overcharge" exceeding the cap if certain conditions were met. 

Obviously every lender out there is (overly) concerned about making the slightest mistake, and the costs of avoiding such mistakes are, of course, passed on to borrowers. So lenders are hopeful about the chance of correcting a loan was originated in good faith with the belief that the loan did not exceed the 3% cap (which can be demonstrated by policies meant to avoid mistakes). Lenders try to be consistent in loan pricing among similar loans, but of course mistakes can occur, and if a lender's post-closing review procedures identify the mistake before it is brought to the lenders' attention by the consumer or investor then perhaps it can be corrected. 

The CFPB's proposed amendments to the Qualified Mortgage points and fees requirement in §1026.43(e)(3) to permit, under limited circumstances, the refunding of  excess points and fees within 120 days after closing in order for the loan to meet this Qualified Mortgage requirement. Notice it is a proposal - once it is published in the Federal Register everyone can comment on it. And here is one law firm's analysis of it

Kristie D. Kully and Eric Mitzenmacher of KL Gates did a thorough write-up, regarding the proposals, "One of those amendments would, if finalized, allow creditors a limited opportunity to 'cure' a loan that inadvertently exceeds the three percent limit on points and fees for qualified mortgages ('QMs'). By making a residential mortgage loan that meets the QM criteria spelled out in the Dodd-Frank Act and TILA regulations, a creditor is presumed to comply with its obligation to determine the consumer's ability to repay the loan. Among those criteria, the points and fees for a QM are limited to three percent of the total loan amount. While keeping a loan's points and fees below that amount is difficult, determining what amounts must be included in the calculation is not easy task either, particularly as a loan moves from its early application stage, through processing and underwriting, and ultimately to closing. The Bureau recognizes that 'the calculation of points and fees is complex and can involve the exercise of judgment that may lead to inadvertent errors.' It uses the example of amounts mistakenly excluded as bona fide discount points or private mortgage insurance premiums, and of miscalculated loan- originator compensation. A creditor may, despite its best efforts, miscalculate or exclude an amount that is later determined to be included in 'points and fees.'" 

They remind us that "There is no prohibition under the Dodd Frank Act or TILA regulations against originating loans with points and fees that exceed three percent, or that otherwise are non-QMs. However, a creditor of a non-QM loan must be able to demonstrate that it otherwise complied with the ability-to-repay determination, including the consideration of all the factors in the regulations, which may be difficult for a creditor that intended to originate a QM. The creditor also, of course, loses the protection of QM status, and becomes subject to the increased uncertainty of an accusation by the consumer or a regulator that it made the determination improperly. Importantly, a creditor that agreed to deliver only QM loans to an investor could be stuck with a repurchase demand, even though the creditor is willing to fix the error by making the consumer whole." 

There will be more about this tomorrow, but this is certainly a step in the right direction. The proposed CFPB rule change is available here.

Rates in 2014 continue to be lower than where we began the year, and agency MBS prices are back to Halloween levels. Is our economy really doing that poorly? Although some indicators, such as retail sales and industrial production, came in lower than expected, there is little reason to expect the Fed to alter its current course of monetary policy. The inflation numbers gave some folks something to cheer about (remember, a little inflation is good): inflationary pressures picked up in April, with both the PPI and CPI accelerating in the month. And lower jobless claims indicate the labor market continues to improve. Homebuilding has picked up, indicated by solid gains for starts and permits, though the housing recovery still remains on shaky ground.

Speaking of which, although prices have been appreciating the housing market had been a notable weak spot in the recovery this year, but homebuilding looks to be picking back up. Housing starts jumped 13.2 percent in April, thanks to a surge in the multifamily sector. Building permits picked up as well, posting its third straight month above a 1 million-unit pace. Despite the strong reading for April, the housing market recovery is expected to be a slow one. Single-family permits are still lower than they were a year ago. Furthermore, the NAHB Housing Market Index fell to 45 in May and home sales data continue to look relatively weak. 

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