Wednesday, September 14, 2011

September 14: SEC & REIT's; the latest on Fannie & Freddie; WSJ piece on government's role in BofA cuts; lenders brace for loan amount changes





"A clever person solves a problem. A wise person avoids it." But at this

point,

most believe that it is too late to avoid the problems in the mortgage

industry.

 No one seems to believe that much will happen with Freddie and Fannie ahead

of

next year's election, which easily leads to a debate about the benefits of a

government

that seems more concerned about elections far in the future than in dealing

with

 tough issues. That aside, here is the latest: Agencies

[http://r20.rs6.net/tn.jsp?llr=zy6u9cdab&et=1107627796484&s=8721&e=001Co3ASA

LbWZ8m-_Gxgvely0K1iu8hqugq9YhEd4jcNsgOLeliDdTZh36q2HGHwVd-Q4sUVjm5wVNi48O3mQ

k9cHm9Wjw9owMZ39TmSGor7_Zaqm9PYLT0eUI7Coe3ny4_ejYq1pJGFtYT0_sA8I5Ec3SYN4lg5W

kbytYRgXFf_1aOdEfI7FM-Fq7U7WU9db_JENdVt3jHeSs=].



"Here's something that really helps the value of mortgage servicing," he

said sarcastically.

"Let's not pay our mortgage and save our money, let the house go into

foreclosure,

and then buy it back on the courthouse steps for



pennies on the dollar

[http://r20.rs6.net/tn.jsp?llr=zy6u9cdab&et=1107627796484&s=8721&e=001Co3ASA

LbWZ9DoK3tGHhRR8l03lDUuXhCg_9gZOtzgYi8focTq2fZthOnuUu_XRn62lmLo8n0x3WX1fMs0k

-6sPL4-YM0NghDL3eCzZjVmzyMu963Xggxd3Er2-nSPQikY_V1IJMm3BSXkV0mIy9a9j6lt0uvwi

q5bUVfSwpV0LZAzeWFQmqaEkiKqL9RQseAK-pGzwXKEHQQMh_tsW0z2w9FRfdAcIssnZhQICvu31

w=]."



"A few months ago, real-estate companies that invest in mortgage securities

were

 one of the hottest sectors among companies planning initial public

offerings of

 stock. Now, however, they are among the least likely to go public anytime

soon."

So began a story in the Wall Street Journal about REIT's, which must pay out

90%

 of their taxable income as dividends. "If the remaining five pending

mortgage REITs

eventually go public, then the entire pool of publicly traded mortgage REITs

will

grow to 28 from the 23 that the National Association of Real Estate

Investment Trusts

had on record through August." The SEC recently launched a review that could

determine

whether mortgage REITs should continue to be unregulated companies or

whether they

should be subjected, like mutual funds, to the Investment Act of 1940.



"But now, the SEC appears to be making a distinction between REITs that

manage and

operate real estate versus REITs that invest in real-estate securities. If

the SEC

determines that mortgage REITs shouldn't qualify for exemption, the

companies will

lose the ability to use hefty amounts of leverage, or borrowed capital, to

boost

 returns and provide high dividends." (There is more analysis at REIT's

[http://r20.rs6.net/tn.jsp?llr=zy6u9cdab&et=1107627796484&s=8721&e=001Co3ASA

LbWZ9_xGZpWMOGYYt8f5_ia_KezDy_FqUwVECUxX7xwkBMnrG_Ys_2VdBxJ4jzKT8dGBc5NruMBw

32QtkL29KegfQKy1x9DyC_Y-2YW4gEzo3yjA==].)



President Obama's proposed $447B job-creation plan would reduce the tax

break for

municipal bond interest to 28% from 35% (for couples earning more than $250k

per

 year), potentially reducing demand for state and local government

securities. I

 have seen nothing with regard to the mortgage interest deduction, but if

muni bond

interest is not sacred...



Tomorrow is a HUD deadline. A while back HUD has reopened the application

intake

 for the Emergency Homeowners' Loan Program (EHLP), a program that provides

mortgage

payment assistance to eligible homeowners experiencing a drop in income of

at least

15 percent, directly resulting from involuntary unemployment or

underemployment

due to the economy and/or a medical condition. The deadline to apply is

tomorrow:


[http://r20.rs6.net/tn.jsp?llr=zy6u9cdab&et=1107627796484&s=8721&e=001Co3ASA

LbWZ_gcjhS6BBhJax3FWRoukxeik5YQkwnhKeMY5754ogBBBeYvMtb6oTunh24ja4ecpPktMJklH

jiRznRF7pUPuFF6A5bVVNGP5A=].



HUD has been busy, releasing a number of Mortgagee Letters. A recent one,

for example,

is to "identify circumstances under which mortgagors must successfully

complete

a trial payment plan prior to the mortgagee executing a loan modification or

partial

claim action under the FHA's Loss Mitigation Program." See them all at: HUD

[http://r20.rs6.net/tn.jsp?llr=zy6u9cdab&et=1107627796484&s=8721&e=001Co3ASA

LbWZ-vS8UCFCf_Nult9GQN6PIDAJkT7wfxxHszjRmkNp1cDjFwFz7fxjhpriEshGK-WksRl5V_M0

l9eZHguZadbzUqna3e8gO2Fiq47YhcNh0N2c7nUFj7Cn9IiUqb4Yeec5c-6QRQqkVUEtp13roI1-

bhCzlYBPnxjjI=].



And there is quite a bit of FHA training around the nation. Today in

Portland, OR

(FHA Loss Mitigation Program Training and HUD Housing Counseling), the 20th

in Fort

Worth ("A Day with the FHA & the FHA Appraisal"), the 21st in Birmingham

(HUD Loss

Mitigation Program Training) and so on. Page down through the sessions at

Training

[http://r20.rs6.net/tn.jsp?llr=zy6u9cdab&et=1107627796484&s=8721&e=001Co3ASA

LbWZ8fODH-d4XxxC5-8_mD76FSsxeZQahoSiRUAD1g-l6kfC_t_K_7Bn9-pcthjX16CIZ7JJZQ1T

219t-RkhUpsVRJyk3SjJt8qAsWELocl1JeN1yAgRtmBpXuWGSllNPXGLBgReBS59p6r9nAVMwHfq

fjtHBrdslxwKKFlig5ULzZ6w==].



AllRegs and The Prieston Group announced a "joint relationship to offer risk

assessment

resources to the mortgage industry. Together the two companies will build on

existing

tools, processes and resources to provide real-time corporate level risk

assessment

tools and benchmarks. Both organizations have agreed to a multi-year

commitment.

 Research and development, technology infrastructure, product development

and various

other capital resources will be invested by both organizations to create a

new suite

of risk assessment resources and benchmarks." To learn more about AllRegs,

visit


[http://r20.rs6.net/tn.jsp?llr=zy6u9cdab&et=1107627796484&s=8721&e=001Co3ASA

LbWZ_nwEKVufGpZcPaM-HZT_fI-Ud9lamojS83gpLIrqdtQ_YSu0o8wuoMoVRb-rBgASaJMwJ8y4

5GttGdqoxL7lSYPogRqtw4qsevtSNm6vMKZNOVrjN4thj9]

or for more information about The Prieston Group, visit


[http://r20.rs6.net/tn.jsp?llr=zy6u9cdab&et=1107627796484&s=8721&e=001Co3ASA

LbWZ__LFw6oRTPapOkw5URM_mgf0ymiK10gejO-bZ7kJM45f8vJtio8WsOASk9RTAidSFtVLfsPk

cWZ5Q5PfpXrFHCbBf2lDeGwuYpEY4ZwHblhA==].



The Wall Street Journal had quite an opinion piece on the recent Bank of

America

 job cuts. "What is the cost of overregulation? Bank of America appears to

have

provided part of the answer by announcing...it will cut 30,000 jobs between

now

and 2014. CEO Brian Moynihan said the bank's plan is to slash $5 billion in

annual

expenses from its consumer businesses. Mr. Moynihan didn't say this, but we

will:

These layoffs are part of the bill for the last two years of Washington's

financial

rule-writing. After loose monetary policy had combined with insane housing

policy

to create a financial crisis, the Democrats who ran Washington in 2009 and

2010

enacted myriad new rules that had nothing to do with easy money or housing.

Take

 the amendment that Illinois Democrat and Senator Dick Durbin (with the help

of

17 Senate Republicans) attached to last year's Dodd-Frank financial law. Mr.

Durbin's

amendment instructed the Federal Reserve to limit the amount of "swipe fees"

that

banks can charge merchants when customers use debit cards. How exactly does

forcing

banks to charge Wal-Mart less money for operating an electronic payment

system prevent

the next financial crisis? Readers may wait a long time for a satisfactory

answer,

but the cost of this Dodd-Frank directive is straightforward."



The WSJ opinion piece goes on. "Restricting bank profits on a particular

product

 may have obvious populist appeal, but politicians shouldn't be surprised if

banks

decide that such consumer credit operations aren't good businesses and can

function

with fewer employees. Add in the various federal programs aimed at

extracting penalties

for this or that mortgage-foreclosure error and it's understandable that a

bank

would have trouble forecasting growth to justify its current work force. To

be sure,

Bank of America is also suffering from its own mistake in deciding to buy

Countrywide

Financial in 2008. As for the financial industry generally, it had become

distended

and needed to shrink after the bubble years of easy money. But given the

real-world

results for bank employees, politicians should not be allowed to pretend

that there

are no consequences when they deliberately reduce the profitability of

employers.

Mr. Obama proposed last week to spend some $450 billion more in outlays or

tax credits

to create more jobs, but it would have cost a lot less to save these

30,000."



Even with the impending expiration of the temporary conventional maximum

loan amounts

(although many are convinced that an extension will be pulled out of the

hat), some

companies are rolling out marketing focused on it. Kinecta Credit Union, for

example,

in its Portfolio Lending program, "options and flexibility to meet the needs

of

your borrower with loan amounts up to $2,000,000! (and higher by exception),

Max

 LTV/CLTV up to 80%, ARMs up to 40-year term (3/1, 5/1 only), Primary

residence,

 2nd Home, Cash-Out Refi available..." (Kinecta also rolled out an Asset

Utilization

program in late August that is available in conjunction with a Kinecta 5/1,

7/1

or 10/1 fully amortizing jumbo ARM loan. Asset Utilization allows applicants

with

significant liquid assets to use those assets as income for qualifying

purposes.

 Kinecta has developed an income calculation worksheet that must be used to

determine

the qualifying income. It is best to contact the company for specifics.)



Provident Funding reminded brokers that "Super Conforming loans exceeding

the 'permanent'

loan limits for 2011 (up to $625,500) will not be allowed to lock with a

lock period

expiring after September 30, 2011, and thus the last day for a 12-day lock

is 9/18/2011;

impacted loans unable to fund before the lock expiration will need to be

restructured

as lock extensions beyond September 30, 2011 will not be granted."



Stearns Lending reminded brokers that, "To ensure your loans fund prior to

the expiration

date, please note the following cutoff dates: Lock cutoff date is September

16th,

Docs must be drawn by September 20th, Notes must be dated on or before

September

 29th, Loans must fund by September 29th."



Bank of Internet has had an Asset Depletion program for quite some time "to

offset

ratio guidelines for borrowers with significant assets. With BofI's asset

depletion

program your borrowers may use their liquid assets as return for income to

assist

in meeting full doc DTI requirements." It also offers Jumbo ARM's up to

$5,000,000.



Staying in the wholesale channel, ING reminded brokers that it has no hit

for FICO,

LTV, no escrow, and not hit for loan amounts up to $1.5 million.



Turning to the current markets, yesterday's 10-yr T-note auction was "a bit

sloppy"

with a below-average bid-to-cover; the yield was 2.00%. 10-yr Notes ended

the day

worse in price by over .5, and MBS prices were worse by roughly .250. (Today

we

will have a $13 billion 30-yr auction.)



We've already had last week's mortgage application data from the MBA (+6.3%,

refi's

+6%, purchases +7%, refi's at about 77% of total applications), Retail Sales

(unchanged,

weaker than expected), and the Producer Price Index (also unchanged). More

importantly

Moody's downgraded two French banks, and although it was widely expected it

is certainly

a sign of the times. The finance community is waiting to hear Moody's

verdict on

 Italy. In the early going stocks appeared to be heading higher, but

interest rates

are slightly higher with the 10-yr at 2.01% and MBS prices worse by about

.125.

At closing time, a drunken guy took a new girl home from the bar. In his

bedroom

 she saw a huge brass gong and a mallet, and asked, "What's up with the

gong?"

He replied, "It's not a gong - it's a talking clock."

She squinted at it and tipsily asked, "How's it work?"  The drunk took the

mallet

and whacked the gong. A voice from the other side of the wall screamed, "You

jerk

- it's two in the morning!"



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 the recent news concerning REIT's, and

the possible

tax implications. 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


[http://r20.rs6.net/tn.jsp?llr=zy6u9cdab&t=ea9f7rhab.0.epg7qedab.zy6u9cdab.8

721&ts=S0672&p=http%3A%2F%2Fwww.mortgagenewsdaily.com%2Fchannels%2Fpipelinep

ress%2Fdefault.aspx]


[http://r20.rs6.net/tn.jsp?llr=zy6u9cdab&t=ea9f7rhab.0.v7uif6dab.zy6u9cdab.8

721&ts=S0672&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=ea9f7rhab.0.fpg7qedab.zy6u9cdab.8

721&ts=S0672&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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