Wednesday, January 14, 2015

Industry Reaction to CFPB's New Site is Swift and Stinging!



 

CFPB went and changed that with its announcement yesterday regarding telling consumers how to own a home, uh, actually how to partially shop for mortgages from large lenders. Before we get to CFPB possibly overreaching its purpose, how about some good news?  The Mortgage Bankers Association, echoing what lock desks already knew, said its seasonally adjusted index of mortgage application activity jumped 49% last week - its largest weekly percentage gain in over 6 years. Rates have helped: refis were up over 66%, and purchases were no slouch being up 24%.

Of course, given that around 30% of home purchases are all cash and then, when one actually owns a home, the focus is on utility bills, property taxes, HOA issues, and buying the right linen, one wonders why "Owning a Home" is focused on rate shopping. But more on that soon...



An originator from New Jersey wrote, "I am getting hammered with this all of a sudden. Is it the end goal of the CFPB to move into the primary market by merging with FHFA? I found this to be the most deceptive information ever produced: 'Getting quotes from multiple lenders puts you in a better bargaining position. If you prefer one lender, but another lender offers you a better rate, show the first lender the lower quote and ask them if they can match it.' This violates the MLO comp Rule. Further, it would establish violations of the Disparate Treatment for many lenders. You need to read through this through everything.  In some places it uses Brokers and Lender and in other its uses only Lender. There is no APR. Imagine if I advertised a rate without an APR."

And this note: "If we ever said to a regulator that we had the Best Deal on rates and fee, they would write us up every time. No one can claim to have the best deal. How do you gauge that? We're almost back to shopping using the TIL and APR calculation. And look what that got us."



From Washington came, "The CFPB's initiative is a noble effort, especially their rate shopper tool. I guess the scariest factor will be whether or not it will include lender fee adjustments that substantially affect the rate we offer the client? And, where will the consumer get their credit score that reflects a mortgage credit scoring model? Surely not from Credit Karma. I don't really know how that website generates a score for the consumer, but it is notoriously inaccurate for estimating a consumer's mortgage credit score (either good or bad, I've seen it go both directions)."

It went on. "And most surprisingly missing from Mr. Cordray's presentation was recommending to the public to check the CFPB's and state regulators' enforcement history and stay away from lenders who have had enforcement actions against them. Honestly, part of the reason that consumers probably doesn't shop many lenders, is the simple fact that many consumers don't have the time to sit through an hour to hour and half interview with multiple lenders who do explain all of the loan options and accurately gauged the consumer's income and credit, etc. If a lender says they can do this initial process in 5-10 minutes on the phone that is your first sign to keep shopping. All the CFPB did by announcing their initiatives to 'protect' the consumer is show us how little they understand the down and dirty actions we loan officers have to do each and every time we meet with a consumer and try to help them with their home financing in today's lending world."



Ken Perry, President and CEO of the Knowledge Coop writes, "This is so strange - the CFPB is becoming Lending Tree without the funding! The CFPB has created a way borrowers can get a rate quote based on their circumstances! This is insane! Its site is in beta and you can see it HERE. I am not sure what regulators are thinking with this but it is out there so we need to plan on how to deal with it. Here are my initial thoughts: 1. It is not quoting APR. The fine print shows that the rates are based on -.5 in rebate or .5 in fee... but it is REALLY small print. I am pretty sure the CFPB would take action against somebody using that small of font on a disclosure. I had to get my readers out just to see what it said! 2. I priced it out with my favorite loan officer who is on the lowest comp plan her company provides (yes, she has a 'pick your rate sheet' comp plan) and she was right in line with the lowest rate quoted today. The interesting thing is that if borrowers see this then she is the only one who will get that loan, because borrowers often want the lowest rate. For her this is awesome because she can send the link to every borrower without being concerned with the borrower leaving her. If she was on the highest rate plan her company offers then she would be off the charts on this site. So, I can totally foresee LO's with low comp plans using this to seal the deal and show the consumer that they are the lowest the CFPB has been able to find. Does this then drop rates all over the US? If low cost LO's figure out how to use it then it just might.



Ken's note finishes with, "3. I think the CFPB has clearly crossed a line here. The government posting expected rates while not knowing the exact circumstances of every borrower is crazy. You know that 534 FICO borrower who saw they were a 765 on freecreditscore.com and has a foreclosure less than a year ago is going to cry foul when you don't drop him/her right into the CFPB rate range. This is crazy!"



Another note commented, "Is this for real or is he still not getting it? The FRB said that SRPs and YSPs are the same form of compensation. So, what are the differences?  How many banks, in the current mortgage environment retain all their loans in a portfolio? 'Consumers should realize that their business is selling mortgages and that lenders and brokers have different business models and make money in different ways.' If the loan doesn't close they don't get paid, why would a borrower ever want the opposite, where the institution got paid whether the loan closes or not? Heck, some banks have been running 90-120 days in underwriting, denying HARP loans that should be approved, and they now want someone to originate loans with no incentive? This is the disconnect between government and private business. And why doesn't the CFPB suggest a person shop for a Realtor the same way?"



John Hudson opined, "The CFPB has launched a website to quote mortgage rates in order to encourage consumer shopping. I think we can all agree that consumer shopping is good. However, the CFPB's website apparently only pulls data from 'a mix of large banks, regional banks, and credit unions'. ...Why not mortgage brokers? Their data is pulled from a private firm from CA which does market research and offer 'mystery shopper' services. In statements today, the CFPB Director Cordray seemed disappointed that half of consumers only talk with one mortgage firm before they buy....as if he doesn't believe that consumers can find a mortgage professional they can trust the first time. Will the CFPB launch a site posting auto financing rates soon? How about credit cards? What about what gas stations are charging at various areas around town? How monitoring the price of color copies? I'm curious to hear what other Mortgage Professionals have to say. Will this help the consumer shop? FHA, VA, and USDA rates are not options on the site. Is the CFPB overreaching on their mission here? And why not get rate quotes from mortgage brokers?"



Turning briefly to the markets, yes, Chase's earnings fell short of estimates ($1.19 versus $1.31) - so are the results poor or were the people who created the estimates misguided? Wells Fargo, however, was right on the money ($1.02) for the fourth quarter. (And once again folks are asking, "If these big, complicated banks can produce their earnings only two weeks after the end of the quarter, why do I have to wait a month for my accounting group to do the same thing?")



Executive Rate Market Report:

Dec retail sales this morning shook markets. Sales were generally expected to be down 0.1%; as reported sales plunged 0.9%, ex auto sales -1.0%. Adding to the soft retail Nov. originally reported up 0.7% was revised to +0.4%. We have been warning the economy is weaker than the financial world was trying to push down our throats. Toward the end of Dec all chatter was positive that Holiday shopping would be a blow-out strong season for retailers; obviously not the case based on the data this morning.

Prior to 8:30 when sales were reported the stock indexes were looking OK, immediately after the report indexes dropped like that stone and the 10 yr prior to 8:30 at 1.89% -1 bp declined to 1.80%. 30 yr MBSs up +53 bps in price from yesterday’s close. Also at 8:30 Dec import prices were thought to be -2.7% as reported down 2.5%. Export prices thought to be down 0.5% fell to -1.2%. Yr/yr import prices -5.5%, export prices -3.2%.

At 9:30 the DJIA opened -182, NASDAQ -45, S&P -17. The 10 at 1.80% -10 bps and MBS prices +47 bps from yesterday’s close.

Markets were shocked on the weak retail data this morning. Last year investors were generally ignoring soft data points as anomalies, with no other place to invest global investors and domestic investors were piling into equity markets, the sector of the economy that didn’t jump into the pool, consumers, were verbally rebuked by analysts that the retail investor was not joining the party. Looks like the little person id the correct thing and stayed away. The is no way the financial markets can paint over the sales report, retail sales haven’t been close to the forecasts from economists and analysts.

Here we go once again with forecasts being lowered on the global outlooks. The World Bank cut its outlook for global growth Tuesday, saying a strengthening U.S. economy and plummeting oil prices won’t be enough to offset deepening trouble in the Eurozone and emerging markets. The Bank expects the global economy to expand 3% this year, up from 2.6% in 2014, but still slower than its earlier 2015 forecast of 3.4%. The Bank said the US is the only bright spot in the world; continuing the question whether the US can hold up as the rest of the world slips?

The data and economic forecasts continue to be revised downward each time the World Bank, the IMF, the US Fed and the ECB as well as China and Japan going back to a year ago have consistently been lowered from the previous forecasts. Those lower revisions last year didn’t get traction with investors, this year will be different with any weak data not likely to be pushed under the rug. The US and Global economies continue to refute all those positive outlooks that call for increased growth. Central banks are not able to get any traction on moving inflation up; deflation fears are increasing. Two weeks ago and through much of last year market participants were completely convinced the Fed would be4gin increasing rates by mid-year; now many are beginning to think the Fed won’t (can’t) increase rates this year as global economies and the US outlook softens.

Nov business inventories were up 0.2%, in line with 0.3% expected. Not much direct interest in it but will play into Q4 GDP.

This afternoon Treasury will sell $13B of 30 yr bonds re-opening the 30 issued in Nov. Yesterday’s 10 auction based on comparing demand to previous 10 ye auctions was a weak auction. By the end of the day yesterday those that bought the 10 were already in the black. The 10 auction had a yield of 1.93%, now at 1.82%.

MBA reported mortgage applications the week ending Jan 9th increased 49.1% from the previous week. The refinance index up 66% while purchase up 24%. The refinance share of mortgage activity increased to 71% of total applications from 65 percent the previous week. I have nothing to say on that; reads like that should be taken with that grain of salt.

Market volatility remains in both stocks and bonds and MBSs. Intraday trading has increased; yesterday the DJIA had a 425 trading range, up 282 in the morning, then declining to -143 before ending about unchanged (-27 points). All technicals remain bullish but with the swift decline the 10 yr is approaching overbought levels on the momentum oscillators. There will be no relief in volatility through the rest of Jan. On Jan 22nd the ECB meeting and on Jan 25th the Geek election.

PRICES @ 10:15 AM

  • 10 yr note: +21/32 (66 bp) 1.83% -7 bp
  • 5 yr note: +14/32 (44 bp) 1.28% -8 bp
  • 2 Yr note: +4/32 (12 bp) 0.48% -7 bp
  • 30 yr bond: +50/32 (162 bp) 2.43% -7 bp
  • Libor Rates: 1 mo 0.166%; 3 mo 0.252%; 6 mo 0.359%; 1 yr 0.620%
  • 30 yr FNMA 3.0 Feb: @9:30 102.94 +47 bp (+52 bp from 9:30 yesterday)
  • 15 yr FNMA 3.0: @9:30 104.81 +6 bp
  • 30 yr GNMA 3.0: @9:30 103.98 +53 bp
  • Dollar/Yen: 116.72 -1 21 yen
  • Dollar/Euro: $1.1784 +$0.0011
  • Gold: $1238.80 +$4.40
  • Crude Oil: $46.49 +$0.60
  • DJIA: 17,459.23 -154.45
  • NASDAQ: 4642.86 -18.64
  • S&P 500: 2009.44 -13.59
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