Monday, September 26, 2011

September 26: New reasons for slow refi's; regulators lacking manpower; MISMO back to MBA; lenders/investors dealing with August locks

Have you ever heard of the Federal Financial Institutions Examination
Council? I

 must admit that I hadn't, until it released its latest report which

includes statistics

on the number of active, licensed mortgage lenders. To no one's surprise the

number

is down for the fourth year in a row. In 2006 there are nearly 9,000, and

now there

are less than 8,000 - and now folks are saying, "Less competition rarely, if

ever,

benefits the consumer." You can read the entire report here:

GutFeelingVerefied

[http://r20.rs6.net/tn.jsp?llr=zy6u9cdab&et=1107836367595&s=8721&e=001w6Imkc

WyJ1wbsCExp7WkaB7NLM0uw7-P1o744RLClUeUsiJF9bMyd2SYR4JVGQBA_NUjpcxZfpQO4DAupf

Z9y7j_Cwis47tqmiWXQLprh2-1KgGmJRYxjNU1hQuIE6xL-XoGrfRqtK8=].



Sometimes banks grow weary of being sued by the U.S. Government, and decide

to sue

back. In this morning's case, BB&T, Wells, and a few others are suing the

government

over tax credits. I knew that I should have been a lawyer: BigMoney

[http://r20.rs6.net/tn.jsp?llr=zy6u9cdab&et=1107836367595&s=8721&e=001w6Imkc

WyJ1yXQQQjBHsXT24YEDzPah9UW9MIOc9Pa_jsUtG5hMAknfME-vKXN8UTy0XiZnttID03FgFMgK

EDsgP6dvuFnqMX8iHgYTX_xuP03OFs7uPX40uHKyTqY7aGOCufb3_6LzrN1gJYlVmZAioFoiTRTm

7kZoGA4ujrmyc6csp6MhL2A-FbBVchmTRb].



KB Home announced earnings for the 3rd quarter: a loss of almost $10 million

versus

a loss of $1.4 million a year earlier. These results, for its quarter that

ended

 in August, include $1.2 million in charges for inventory impairments and

land option

contract abandonments, revenue down 27%, and a drop of over 30% in home

deliveries

(although the average sales price was up 6%).



Fortress Investment Group owns Nationstar, and it seems it is the front

runner for

acquiring Bank of America's correspondent channel. Critics are asking,

"Given what

makes up a 'correspondent channel,' what will Fortress be buying, exactly,

since

 it seems that many in that unit have either left or are actively seeking

employment

elsewhere?" The latest

[http://r20.rs6.net/tn.jsp?llr=zy6u9cdab&et=1107836367595&s=8721&e=001w6Imkc

WyJ1wEg7jParnZNtNtAGQ_slM7A9KJBZIqx_Ij0jn68DxeCT9LNTgiUB80B10r6zsU1MnJkLbMpW

T2OwMK7bSxiD8sIhLdlhpJcVDQFqtYEDQK_pkWmtJRneifHKzooDnQVxLbk0j1nF80_FhjWw8QP4

ABZjkbceINc8pPRL2Urbvs5JY6OzyK-iMMlmhjhRlfi9wXWgM3FMZdQ9_CIX5OmA_P].



As it continues to shed assets and manpower, BofA has reached an agreement

to sell

approximately $880 million of commercial mortgages at a discount of 20% to

25% off

the face value. The buyer is a joint venture of Square Mile Capital

Management LLC,

Invesco Ltd. and a fund managed by Canyon Capital Realty Advisors LLC. The

deal,

 which includes a mix of performing and nonperforming loans tied to 32

properties,

ranks among the biggest commercial mortgage portfolio sales this year.



Bank closings picked up on Friday, with the Bank of the Commonwealth (VA)

going

to Southern Bank and Trust Company (here in the Carolinas), and out in

California

Citizens Bank of Northern California going to Tri Counties Bank. These are

government-sponsored

closures, but we've all heard of "too big to fail," but what about "too big

to merge?"

The Independent Community Bankers of America asked federal regulators to

launch

a moratorium on bank mergers and acquisitions involving financial firms with

$100

billion or more in assets. (This would put a crimp into the Capital One-ING

Direct

USA deal temporarily.) Community bankers believe that new mergers and

acquisitions

are adding risk to an already shaky financial system while concentrating

power in

larger institutions that effectively cut into the market share and

opportunities

 for smaller institutions - basically that Dodd-Frank is not having its

intended

 consequences. Imagine that.



Huh? What's this? Regulating agencies don't have the manpower to regulate

Fannie

 & Freddie? RegulatorStaffing

[http://r20.rs6.net/tn.jsp?llr=zy6u9cdab&et=1107836367595&s=8721&e=001w6Imkc

WyJ1xEWBtGVMeNumzNVhFw_GteklqW10ioiJyftuMmJRG9A5sZeNSvJY_m2pqudVjDdMDr6tb-_7

iHUHknt6gXVX0KCI-GGmJ3wbOlXyCi8PMF120tPZU7p5LuY2N3-x_F689WlrVV4XFyWPefT90dnQ

HT0As4EdD7lDMUik7NyON6X3XS8TmLx-vEMNIJSGqUd7M7yDceFHE_GQq2EOZXsM_tgWB3Z9BWkK

kXuslF5-GxDA==].



Investors in mortgage-backed securities are keenly interested in the

prepayment

speeds of new and old securities - why would someone pay a 3 point premium

for a

 loan that is going to pay off in 4 months? Analysts expect that prepayment

speeds

across the various non-agency sectors should increase as mortgage rates

continue

 to go lower. In particular, fixed-rate and longer resetting prime mortgages

should

be the most responsive to the lower rate environment as a relatively higher

percentage

of borrowers are "refinance-eligible" in those sectors. In addition, some

jumbo

prime borrowers will have a significant refinance incentive for the first

time as

the mortgage rate reached historically low levels, and these borrowers

should be

 most responsive to lower mortgage rates. Some borrowers have tried to fund

high-balance

loans prior to the 10/1 loan limit date, and others are attracted to the

overall

 level of jumbo rates with a 4% handle, low 3's for a 5/1 ARM. Since closing

costs

have increased, most now assume that a borrower currently needs at least a

75 basis

point rate incentive to refinance - this population has more than doubled

since

the first quarter. Approximately 10% of outstanding prime fixed and

longer-reset

 hybrid borrowers have become newly refinanceable from a rate perspective,

and are

refi-eligible according to CLTV and payment history criteria. One should

expect

that these borrowers should be most responsive to the lower rate

environment, even

with tighter underwriting (especially on 5/1 products).



The latest move by the Fed - to reinvest mortgage payoffs back into

mortgages -

has analysts racing back to their calculators. (I still have my 25-yr old

12-C!)

 In recent years the Fed has mostly been interested in owning conventional

securities

(Fannie & Freddie) and thus investors see less demand for Ginnie Mae

production

backed by FHA & VA loans. But a good percentage of GNMA's come from new home

sales,

which show few signs of gearing up. So if the supply is poor, and demand

holds steady,

the prices should do just fine. And overall, even though the 10-yr yield has

really

dropped, and mortgage rates have as well, the MBA refinancing index has

consistently

surprised to the downside - folks just aren't rushing in to refi.



Barclays notes that, "While the main reasons for this benign refinancing

activity

have been well documented, notably, rep and warranty risk, tight

underwriting standards,

declining HPA, friction in the HARP program, and the absence of alternative

credit

in the non-agency market, two new factors have emerged, which we believe

play an

 integral role in explaining the reduced refinancing activity. First,

borrowers

refinancing their home seem to be getting a higher mortgage rate than those

purchasing

a home. This behavior has been observed for most originators and is the most

pronounced

for the largest originators including Bank of America, JPMorgan Chase, and

Wells

 Fargo. Second, even though primary-secondary spreads seem tighter this

time, originator

margins are at their widest, suggesting that originator capacity is still

limited,

and that borrowers are not obtaining as low a mortgage rate as they would if

capacity

were not an issue."

For the first time in seven quarters the level of outstanding

commercial/multifamily

mortgage debt grew in the U.S according to information released by the MBA.

The

 Association said that total debt rose $3.5 billion (0.1%) in the second

quarter

 of 2011 to a total of $2.4 trillion.  The last time total debt increased

was in

 the third quarter of 2009. Anyone who loves big numbers should check it out

[http://r20.rs6.net/tn.jsp?llr=zy6u9cdab&et=1107836367595&s=8721&e=001w6Imkc

WyJ1zTzE5OIA5lNRRt2JPjZfOiYHCf8D0P8IEEVy4ZXjr-EF2cmdM3UA2rf2OThUMVB9ZHuo8Fig

dRs93_kGCC9GWL6wRyoDxi4jI2nDjBp6wI6Qjl28YqeVvkLpPqn94i9SHc8ZGzm9biRxzbmZTimz

0l].



While we're on the MBA, it and MERSCORP (parent of MERS) announced that

management

of the Mortgage Industry Standards Maintenance Organization (MISMO) will

transfer

to MBA on December 1. Folks I spoke with believe that it is for the best at

this

 point, and the rationale makes sense: RockOnMISMO

[http://r20.rs6.net/tn.jsp?llr=zy6u9cdab&et=1107836367595&s=8721&e=001w6Imkc

WyJ1xHGN6eKl4DvO0Ckj2hJzMC5cbBufupaTrdCHNnKAPnk_d-4cevVZhlNufG831DybzftkcFd2

QQJPg8L6q3C8BHXW609qKrJErE6F8oYfc4dd7hB-up7Qnx-nrdB7eXEJI0gt17O_uniKbK8zfBXF

6k].



Franklin American spread the word to clients that, "Mandatory Trades for

USDA products

are now available...USDA loans cannot be comingled with other loan products

in a

 trade, but aside from that all other mandatory delivery rules and policies

apply."



With the low rates come renewed updates on renegotiation policies. Stearns

notes,

"Float downs must lower the interest rate to the Borrower and Compensation

cannot

be increased regardless of whether the Broker is keeping it or passing it

along

to the Borrower. Loans may be relocked for a one-time maximum of 14 days.

Loans

must be ready to have docs drawn. Pricing will be renegotiated based on the

original

lock term and will use the pricing for that lock term with the following

adjustments

(to lower the rate .125% to .25% the charge will be the original lock term

pricing

minus .50 pt., to lower the rate .375% the charge will be the original lock

term

 pricing minus .625 pt., to lower the rate .500% the charge will be the

original

 lock term pricing minus .875 pt.). Any requests beyond a rate reduction cap

will

be handled on a case-by-case basis. Float downs are not allowed on FHA

Streamlines,

Jumbo, ARM or Specialty Product programs." And so on - check its bulletin

for exact

details and info on extensions.



Interbank's VP of Operations sent out this note to brokers on Friday: "We

are incredibly

behind in all team inboxes, as well as with condition uploads; Therefore, I

have

 decided it is much more important to get the conditions uploaded as fast as

possible

so they can be cleared over the weekend. We have pulled the LCs off the

mailboxes,

and are having them help with condition uploads. The mailboxes will continue

to

be behind. I'm going to put a message on the portal that we are behind in

our responses,

if their problem is of a CRITICAL nature (i.e. is a Temporary High Balance

Loan,

 or is a purchase with a lock expiring) that cannot wait until Monday (when

we expect

to be caught up), then they must contact their AE for assistance."



ClearPoint Funding introduced its, "45 for 30 for New Locked Purchase

Transactions

- receive a free 15 day extension on your 30 day pricing after the loan is

locked.

 The Fine Print: Applies to new locks only!!! Excludes all arm loans and

fixed Jumbo

loans.  Promotion valid through the end of October."

Citi released their periodic (every 3 or 4 weeks) four pages of DU, LP, FHA,

and

 VA overlays. "In order to reduce the risk of the loans we purchase, Citi

has credit

overlays in our policy in addition to agency guidelines. The attached Credit

Overlays

listing provides a summary of these overlays to help you better understand

them.

 For complete product guidelines, please refer to the Correspondent Manual."



Later this morning we'll have new home sales numbers that are expected to

remain

 anemic in August at around 295,000 units on an annualized basis (despite

record-low

30-yr mortgage rates!). New home sales have been slowing since April, but

remain

 slightly above the August 2010 low of 278,000 units. New home sales have

never

really recovered from the hangover of the first-time homebuyers' tax credit.



Looking ahead for the week, as originators along the coasts rush to close

high balance

loans, we have some Case-Shiller numbers tomorrow along with Consumer

Confidence,

Durable Good on Wednesday, Jobless Claims, GDP (the 3rd look at the 2nd

quarter),

and Pending Home Sales Thursday, and then Personal Income, Consumption, and

the

Chicago PMI on Friday. In the very early going, rates are up slightly (10-yr

at

1.85% versus the 1.81% at Friday's close) and MBS prices appear to be

slightly worse.



When our lawn mower broke and wouldn't run, my wife kept hinting to me that

I should

get it fixed.  But, somehow I always had something else to take care of

first, the

shed, the boat, making beer... always something more important to me.

Finally she

thought of a clever way to make her point.

When I arrived home one day, I found her seated in the tall grass, busily

snipping

away with a tiny pair of sewing scissors. I watched silently for a short

time and

then went into the house. I was gone only a minute, and when I came out

again I

handed her a toothbrush. I said, "When you finish cutting the grass, you

might as

well sweep the driveway."

The doctors say I will walk again, but I will always have a limp.



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


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. For archived commentaries, go to


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. 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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