Thursday, September 11, 2014

USDA changes; Bank M&A - Citi's down to how many states?; FHLB primer





In preparing to write a small blurb about the Unmarried and Singles Week that starts in 10 days, which, as best I can tell, is nowhere near Valentine's Day, I Googled "top songs about being single." Bon Jovi's It's My Life topped three lists I reviewed, along with some fellow named Lil' Wayne...which ironically is the same nickname I gave an intern back in '93 (I'll assume they aren't the same guy). According to the Census Bureau, 105 million is the number of unmarried people in America 18 and older in 2013, and making up 44% of all U.S. residents 18 and older; 62% is the percentage of unmarried U.S. residents 18 and older in 2013 who had never been married, with another 24 percent being divorced and 14 percent being widowed. And 18 million is the number of unmarried U.S. residents 65 and older in 2013. These seniors made up 17 percent of all unmarried people 18 and older.

The commentary's note yesterday about USDA changes caused a flurry of e-mails. To clarify/repeat, the "4 basis point to 5 basis point" annual premium change, and its resulting state-USDA-level complications & delays, still takes place in 20 days. The USDA has temporarily suspended (until October 2015) its process for determining if an area is still "rural in character" (RIC) and therefore, still eligible for USDA guaranteed mortgages. "Several areas were in danger of losing their eligibility because new development has taken place and it is necessary for USDA to now determine if the area is still RIC. USDA says this suspension will allow time for it to thoroughly review and apply its RIC process for these areas. More information about this USDA announcement and the RIC process can be found in the FAQs here.

 Mergers & acquisitions continue to motor along. In Maryland, Congressional Bank ($430mm) will acquire American Bank ($456mm) for an undisclosed sum. Over in Arkansas Farmers Bank & Trust Company ($885mm) will acquire 1st Bank ($311mm) for about $32mm in cash. BB&T Corporation (NYSE: BBT) and The Bank of Kentucky Financial Corporation (NASDAQ: BKYF) announced the signing of a definitive agreement under which BB&T will acquire The Bank of Kentucky in a cash and stock transaction for total consideration valued at approximately $363 million. This acquisition will establish a presence for BB&T in the Northern Kentucky / Cincinnati market. (The Bank of Kentucky, headquartered in Crestview Hills, Ky., has $1.9 billion in assets, $1.6 billion in deposits and 32 banking offices.) And after the latest sale of Texas branches is concluded, Citigroup says it will have reduced its footprint by 11% since the end of last year and its banks will only operate in 13 states in the U.S. The company's retail banking business has been struggling. Income from continuing operations at the unit fell 46 percent in the second quarter. Revenue from the business accounts for nearly a quarter of total revenue. The bank had 3,463 branches in 35 countries as of June 30, with a little over a third of them in North America.

 Forget the Federal Reserve, NCUA, OTC, or the FDIC - everyone is talking about Federal Home Loan Banks. As an example, the director of the regulatory agency overseeing the FHLB system, Mel Watt, said in a recent speech that the agency is not opposed to the proposed merger of FHLB Des Moines and Seattle. His support could mean bankers will see more FHLB mergers in the future. This spate of FHLB news in recent months has people wondering, "Who, what, why..." First of all, traditionally community banks, thrifts, commercial banks, credit unions, community development financial institutions and insurance companies are all eligible for membership in the Federal Home Loan Banks. The Federal Home Loan Banks are a group of cooperatives that lending institutions use to finance housing and economic development in local communities.  

They've been around for the better part of a century. The FHLB system was set up in 1932 after a string of bank failures caused by runs on deposits, and has accepted insurers since its start. Members buy stock in the institutions and get access to low-cost, wholesale funding in return for pledging collateral such as mortgages.  

And get this: about 80 percent of U.S. lending institutions relies on the Home Loan Banks for low-cost funds. Because the Home Loan Banks are cooperatives, their low costs are supposedly passed on to consumers and communities, and they don't have the pressure for high returns that they otherwise would have if their stocks were publicly traded. The returns they do make go directly toward replenishing their ability to keep a reliable supply of funds flowing to communities through local financial institutions. Federal Home Loan Banks require their members to put up collateral against the advances they receive. If you want to do a little research on your own, feel free: FHLB.

 

But returning to recent news about them, the overseer of the Federal Home Loan Banks (the FHFA) is planning changes to membership rules that would keep investment firms and lenders lacking customer deposits out of the U.S. government-chartered system. Bloomberg wrote earlier this month, "The FHFA, which has voiced concern that firms are using specialized insurers to join FHLBs, (is) proposing new rules limiting insurer access to home-loan banks to companies dealing primarily with 'non-affiliated persons.' The existing memberships of captive insurers -- which mainly offer coverage to their owners or customers of those parent companies -- would be 'sunset' over five years. Real-estate investment trusts that buy mortgage debt and other lenders known as shadow banks have been using captive insurers to flock to the FHLBs in recent years for dependable funding that can offer better terms than traditional banks or bond markets. FHFA Director Melvin Watt said in a May speech that the new members could raise "issues" for the safety of a system with $815 billion of debt that's seen by investors and credit raters as being backed by taxpayers. Captive insurers should remain a part of the FHLBs' membership base because they help support the U.S. housing market, which is the system's mission set by Congress, said David Jeffers, a spokesman for the Council of Federal Home Loan Banks, a trade group for the lenders. 

Mortgage REITs Redwood Trust Inc., Annaly Capital Management Inc., Invesco Mortgage Capital Inc., and Two Harbors Investment Corp. have all joined the network of regional lending cooperatives since October through captive insurers. Commercial real-estate lender Ladder Capital Corp. joined in 2012. But a recently started program in which Redwood will buy large mortgages from FHLB members isn't tied to its own membership. 

The FHFA said other proposed rules include a new test requiring all members to hold 1 percent of their assets in home-mortgage loans, and a requirement that some keep 10 percent in residential-mortgage loans on an ongoing basis. It will also clarify how an insurer's "principal place of business" is identified for determining the appropriate Home Loan Bank district. 

Switching gears somewhat, a while back Isaac Boltansky with Compass Point Research and Trading LLC put out an interesting piece on a servicing bill that a House Committee passed as a result of Basel III. On July 30 the House Financial Services Committee advanced the "Community Bank Mortgage Servicing Asset Capital Requirements Study Act of 2014" (H.R. 4042) out of committee by a vote of 44 to 9 "which caused a number of inbound questions from clients. We believe that H.R. 4042, if enacted, would be an incremental positive for regional and community banks. We include below our thoughts on this bill, its likelihood of passage, and its potential impact. 

"The bill would require bank regulators to 'conduct a study of the appropriate capital requirements for mortgage servicing assets for nonsystemic banking institutions.' The study, which would have to be delivered to Congress no later than 6 month after enactment, would have to consider a number of criteria including the risk of mortgage servicing assets and the impact of Basel III capital rules. H.R. 4042 would also delay the implementation of the mortgage servicing components of Basel III for nonsystemic banking institutions for as long as 9 months after the bill's enactment...(although) it contains no guarantee whatsoever that the Basel III rules covering mortgage servicing assets for covered banks would be softened. 

"With that being said, there is little doubt of the Basel III changes the industry would push to enact. For example, the Mortgage Bankers Association (MBA) has recommended the current MSR cap as a component of tier 1 capital be revised. As the MBA states: 'MSRs are currently limited by a 10 percent cap; MBA recommends the use of at least a 25 percent cap for MSRs on the books of banks and a 50 percent cap for MSRs on books of thrifts and savings and loans.' MBA also recommends that MSRs should be excluded from the 15% aggregate cap for DTAs, MSRs, and equity interests." Good job Compass! 

 

Turning to the markets, at this point, everyone knows that QE (Quantitative Easing) is going to end around Halloween. While a tapering of QE could correlate to higher rates, it doesn't necessarily cause higher rates. Correlation does not equal causation. Historically, the Fed sets short term rates (like the overnight Fed Funds rate); it does not set Treasury rates, or 30-year mortgage rates. That is a function of supply and demand. So what the Fed has done is to increase demand, thus increase the price of securities and thus keep rates low. The market knows that the Fed will stop next month - but what will increase is the potential for volatility! 

We certainly have not had much volatility (leading to intra-day rate changes) this summer and yesterday was no exception. Today the news has picked up. We still have a $13 billion 30-yr bond auction ahead of us, but we had Initial Jobless Claims increase 11k to +315k - higher than expected. The newly auctioned off 10-yr. had a 2.53% close Wednesday, and in the early going we're at 2.52% with agency MBS prices better by .125.

 

Monday, September 8, 2014

No surprise what Realtors say about loan programs; Lots of training opportunities & new products



 

Here at the Pacific Northwest Lenders conference in Portland, a big topic of conversation is, like it is everywhere, regulation. Understandably private companies are making money off of the quagmire of government regulations. "In an effort to clarify a number of intertwined regulations and agencies, AllRegs has created a concise and comprehensive mortgage regulator guide. Whether you're a community bank, credit union, savings bank or private mortgage lender, this guide will help you understand the current regulatory landscape. This guide also includes links to the relevant state agencies for mortgage lending according to the Act they regulate." Of course the lenders want to lend but as pointed out in this article, when any and every default can result in a far more costly response for frivolous and immaterial errors it creates a defensive lending strategy. It is almost comical to watch some branches of the government encouraging guideline widening and catering to underserved borrowers while other branches are busy with excessive put back, indemnification negotiations, and enforcement policies.

Is it any surprise that Realtors believe lenders should provide easier access to loan programs designed to help make homeownership more affordable, according to a new survey released by TD Bank? "The survey, which was conducted to help lenders understand Realtor's perspectives surrounding the current housing environment, also found that two in five Realtors think it is harder than ever for buyers to secure a loan, more than half of Realtors believe buyers are compromising their wants simply to buy a home due to low inventory, and a quarter of Realtors consider properties overpriced and fear first-time home buyers are avoiding the market." When will someone poll lenders on Realtor practices? When will someone remind us that once the deal is done, and the real estate agent collects their commission, that the lender & investor are the ones at risk - not the agent? Perhaps real estate agents would be interested in buying pools of SISA loans.

 And which processor in their right mind wants to work on a loan file 4 inches thick? In Wisconsin, an entire lending operation was shut down due to lack of trained personnel. 

But lenders are becoming more efficient, and are competitive. Richey May Select recently released its financial benchmarking results for the second quarter. As anticipated, there were marked improvements from Q1 in both production and profitability. Total production, amongst the independents, increased on average 49% from the previous quarter, including 62% increase in purchase and 20% increase in refinance volumes. Additionally, pre-tax profits averaged 52 Bps (up from a loss of 5 Bps in Q1), with some lenders seeing as much as 100 Bps improvement in the bottom line. Unfunded lock pipelines increased for the second consecutive quarter, which is a great sign for Q3 production.  For information on how to participate in Richey May Select, email Trevor Reinhart, Trevor@RicheyMay.com, for more information.              



Trainings and Events:
AllRegs is offering a variety of trainings this fall complete course list:

Evaluating Credit Profiles & Understanding FICO Scores : (Webinar) - Friday, September 12

School of Mortgage Compliance: (Classroom Course) - November 3-5

School of Residential Underwriting : (Classroom Course) - November 3-6

School of Quality Control : (Classroom Course) - November 6-7

Fundamentals of FHA Underwriting: (Instructor-Led Online Course) -

Tuesdays, Oct. 7, 14, 21, and 28

Fundamentals of FHA Origination: (Instructor-Led Online Course) -

Wednesdays, Oct. 1, 8, 15, and 22

Collateral Analysis: Reviewing Appraisals: (Instructor-Led Online Course) -

Wednesdays, Oct. 29, Nov. 5, 12, and 19

Underwriting VA Loans: (Instructor-Led Online Course) -

Thursdays, Oct. 30, Nov. 6, 13, and 20



FHA classroom trainings on Loss Mitigation provide information on FHA Loss Mitigation tools. It will cover the new changes with Home Affordable Modification Program (HAMP), pre-foreclosure sale and deed-in-lieu. Dates and locations are as follows:

Tallahassee, FL. September 11th.

Birmingham AL. September 16th.

Indianapolis, IN. September 17th.



FHA is offering 3 locations for its FREE one-day class discussing FHA appraisal requirements, including FHA appraisal protocol, updates to FHA appraisal policy, as well as equips attendees with the knowledge to determine property eligibility.

Milwaukie on September 16th

San Antonio on September 17th

St. Louis on September 17th



Updates training in Albuquerque, N.M. on September 12th will cover FHA underwriting and appraisal procedures and mortgagee letters.



FHA underwriting classroom training covers the underwriting of loans proposed for Federal Housing Administration (FHA) mortgage insurance.

Baltimore MD. September 16th

San Antonio TX. September 18th



Completing today's FHA Appraisals is an instructor-led class where they will discuss how to complete residential appraisals under FHA protocols and highlights of recent program changes.

Las Vegas NV. September 16th



FHA Appraisal Webinar on September 18th provides an update and overview of FHA Single Family mortgage insurance appraisal requirements.



2- Day FHA Lender Training in Las Vegas, N.V. on September 16th & 17th will cover a wide range of topics including: Recent program changes, Mortgagee Letters, automated (AUS) vs. manual underwriting, and documentation requirements.



Social Media Bootcamp: OC C.A.M.P. registration scheduled on October 1st, Katie Wagner will discuss what not to do with social media for your business.



Arch MI is offering two sessions 10:00 am Pacific or 1:00 pm Pacific complimentary webinars September 16th on Analyzing Appraisals for Single-Family Residences.

Register now for Ellie Mae's free webinar on Wednesday, September 10, the next webinar in Ellie Mae's RESPA-TILA Integrated Mortgage Disclosures webinar series.



NMMLA Luncheon on September 11th  is featuring George E. Torres, candidate for Bernalillo County Assessor.



WMBA is offering 3-hour live training session September 17th, selling skills for Loan Officers to improve business results.



MBA Education is offering manual underwriting and risk analysis workshop on September 9th registration for the event provides the basics of risk analysis that every underwriter must understand to make sound and saleable quality lending decisions for conventional QM and non-QM loans, FHA and VA.



MBA St. Louis Education Seminar and Expo on September 11th will include session topics on Property Valuation, Selling in a Purchase Market, Serving a Diverse Market, American Land Title Association Best Practices, Continuing Education - Missouri State Test, and Combined Disclosure Statements Roundtable.



A TMBA webinar series begins September 9th covering a review of recent CFPB and other enforcement actions, practical tips on how lenders can prepare for an examination, and the effects of these initiatives on compliance and business strategies.



The markets certainly were startled by the employment numbers released Friday, although by the end of the day things had more-or-less returned to Thursday's closing levels. The employment figures were great numbers for risk assets: well over 100k miss on payrolls (when you factor in revisions), no sign of meaningful wage growth, the unemployment rate fell 0.2%. The Fed will be in no rush to pump us full of revised/hawkish guidance at the next meeting after these numbers. The weaker payroll gain supports Fed Chair Janet Yellen's view that the labor force is underutilized despite the unemployment rate falling to 6.1%. The fed is using employment, specifically incomes, to determine how to handle monetary policy.



What are we looking at this week for economic news? Certainly not as much as last week - but who knows what will happen in faraway exotic places like Russia, Ukraine, Israel, China, or Walla Walla. (I am just seeing if you are reading this.) We have some second & third tier economic news out in the first three days. On Thursday we'll have Jobless Claims. But then on Friday the 12th we'll see August's Retail Sales, the Import Price Index, the University of Michigan Confidence, and Business Inventories. For numbers, the benchmark 10-yr T-note saw a 2.46% close Friday (rates bounced back up after dropping to 2.40% after the employment number) and in the early going seems happy around 2.44% with agency MBS prices a shade better than the close Friday.

 

Friday, September 5, 2014

Housing & Economic Trends; Bank vs. Mortgage Bank LO Comp; a Reminder of FHA's Change



 

There's a lot of data swirling around the demographic black-hole of lending known as "the Millennials." I've come to the conclusion that this is because the majority of analysts fall into that age category and deep down they enjoy writing about themselves. It's just a theory right now. Zillow writes, "Consider the diverging cases of Boston-Cambridge, Massachusetts and Washington, D.C. They are both versions of the archetypal, walkable cities that many associate with the modern 21st century knowledge economy. And both have large populations of young adults in school or just starting their careers. In this analysis, we compare the housing choices of Millennials-young adults ages 18 to 33-in these two cities." Archetypal? I'll have to look that up - anything with more than three or four syllables and my brain skips over it.

What is going on out there with some general housing and economic trends? Not that we have much to do with them directly, but it is good to know what is going on out there. 

The U.S. Census Bureau's Survey of Construction, which is jointly funded by the Department of Housing and Urban Development, has released its 2013 New Housing Characteristics tables. This release includes never before published data on age-restricted developments, presence of homeowners association, sewer and water systems, framing material and laundry. The report provides estimates of new privately owned residential structures in the U.S and the four regions. 

Are we suffering from first-time home buyer blues? We'll try to overlook student debt ratios, relatively stagnant wages over the past six years, and assume those looking for homes fall outside the current beliefs surrounding millennials; in a nutshell, there are still some challenges for these people. As Michelle Jamrisko and Alexis Leondis write in a recent Bloomberg article, "The median down payment for the cheapest 25 percent of properties sold in 2013 was $9,480 compared with $6,037 in 2007, the last year of the previous economic expansion, according to data from 25 of the largest metro areas compiled by brokerage firm Redfin Corp. The higher bar is a symptom of still-tight credit that is crowding out first-time buyers even as interest rates remain near historical lows. Younger adults, who would normally be making initial forays into real estate, are among those most affected, weakening the foundations of the housing market and limiting its contribution to economic growth." There are a number of factors at work here, one being the down payment. As pointed out in the article, "the median down payment for the lowest 25% of homes was 7.5% of the sales price last year, which is up from a low of 3.1% in 2006 and compared with an average 4.2% from 2001 through 2007." For properties in the middle 50%, the share rose to 8.8% in 2013 from an average 8.2% in the seven years leading to the last recession, and for the top quarter it climbed to 20.9% from 19%. As many know, a contributing factor is that fewer first-time buyers are applying for loans backed by the FHA, which require smaller down payments, after the government agency boosted mortgage-insurance premiums. 

Most knew going into 2014 that business probably wasn't going to be anything to jot down in your memoirs. Wells Fargo's Economics Group is normally a straight shooting bunch, rarely are they too bullish, or too bearish, which is good because bi-polarity affects many companies these days. The group writes, "The housing market continues to have a difficult time putting the legacy of this past decade's epic bust behind it. Sales of both new and existing homes have been disappointing through the first seven months of this year. Although the sales and new home construction numbers have been disappointing, the housing sector continues to gradually chip away at many of the challenges hanging over the industry." Coming out of an "unseasonably" cold winter, into an "unusually" hot summer, right into an election year, I can't think of another excuse to explain lackluster mortgage numbers than to say demand just isn't there at the moment.

 Not too long ago the topic du jour in banking was all the REO's weighing down the market, causing home price stagnation and turning gentlemen into tyrants....that's right, I'm looking at you Florida. OK, so maybe it wasn't that bad, and maybe Florida wasn't the whole problem (or was it?), but things have slowly been improving as Zelman & Associates, write that total REO inventory is down 57% from the peak. "While the 2Q14 pipeline of loans in delinquency and the foreclosure process was down approximately 17% year over year and 44% lower than the peak in 4Q09, there was still an excess of 1.4 million more homes in some form of delinquency or foreclosure relative to a more normal level. The pace at which these homes enter and exit the REO process impacts home price trends, investment opportunities for single-family REITs, potential for-sale inventories and existing home sales. We summarize all of the moving parts in this monthly report, including notices of default and REO filings, REO inventory trends and lender-owned REO listings. Encouragingly for home pricing, the various measures across the foreclosure spectrum, including default notices, REO filings and distressed inventory levels, have posted consistent year-over-year improvement while incremental supply coming to market has stabilized. For the existing sales market, the continued reduction in REO sales is a net negative to closings, but as the pipeline shrinks the impact is becoming less onerous." 

Let's check out some relatively recent agency, lender, investor, and vendor news to gauge the trends out there. As always, for extensive specifics, read the actual bulletin. 

As a reminder, last week in the Federal Register (79 FR 50835), the FHA published a final rule. Effective for FHA-insured mortgages closing on or after January 21, 2015, it revises FHA's regulations to prohibit an FHA approved mortgagee from charging the mortgagor interest through the end of the month in which the mortgage is being prepaid, allowing them instead to charge interest only through the date the mortgage is prepaid, and prohibits the charging of interest beyond that date. This change to FHA prepayment regulations is in response to the Ability-to-Repay and Qualified Mortgage regulations (ATR/QM Rule) that became effective January 10, 2014. The ATR/QM Rule defines "prepayment penalty" in closed-end transactions as "a charge imposed for paying all or part of the transaction's principal before the date on which the principal is due." The ATR/QM Rule specifically excludes a post-payment interest charge currently allowed by FHA regulations as a prepayment penalty for FHA loans closed before January 21, 2015. For FHA loans closed on or after January 21, 2015, a post-payment interest charge will be considered a prepayment penalty by the ATR/QM Rule, thus making it necessary for FHA to amend its regulations. Here is one take on the change.

PennyMac Financial increased its servicing credit facility. A look at its 8-K shows it stated it amended its revolving credit facility used to finance the acquisition of mortgage servicing rights with Credit Suisse. The credit facility was increased to $157mm from $117mm. The total amount that can be borrowed under the credit facility is based upon a percentage of the market value of the servicing rights. Although the increase in the facility is relatively small compared to the overall debt financing available at PFSI, it does indicate PFSI is actively looking to purchase additional MSRs

First California Mortgage recently announced a spate of branch openings, including a Dallas branch (in addition to San Antonio, Amarillo, Bryan and Houston), San Diego, a second branch in Los Gatos, CA and now has a branch in Davis, CA. 

Franklin American is requiring VA IRRL loans to include a comparison document between the loan to be refinanced and the proposed new loan such as VA IRRL Comparison statement. In addition, USDA loans do not allow electronic signatures. 

There's an old joke about two hikers confronted by a bear, and one starts to run. The other yells, "You can't run faster than a bear," and his "friend" yells back, "I don't have to - I just have to run faster than you!" That is exactly what we're seeing in economies around the world. France and Switzerland are flat, China is questionable, Germany's economy shrank by 0.2% last quarter, Italy and Brazil are in a recession, and the Russia/Ukraine conflict is dampening things even further. That leaves the United States, where the slowly improving economy looks good on a relative basis.

The job news continued today with August payrolls and employment data. Non-farm payrolls (+209k prior, expected around the same), came in at +142k - disappointing (and June and July were revised downward); the Unemployment Rate (6.2% previously) came in at 6.1%; and average hourly earnings came in at +.2%.

Soon after the employment numbers bonds have rallied. The 10-yr T-note is sitting around 2.41% after closing Thursday at 2.45% and agency MBS prices are better by .250-.375.

Thursday, September 4, 2014

Mortgage jobs& Vendor Management tools; Judges Reject Mortgage Suit



 

Bayview/Lakeview continues to expand its mortgage business. Management is seeking to hire Correspondent lending business development directors for the Northwest, Upper Midwest, Texas (including several surrounding states) and the Southeast. Additionally, Bayview/Lakeview is seeking to hire a wholesale division leader and wholesale AEs in Los Angeles, the Bay Area (CA), Texas, Upper Midwest, Northeast and Southeast. "Bayview companies are well established in the mortgage investment and servicing industry with experience in managing mortgage assets since 1995. Bayview/Lakeview offers a broad product line, including non-QM portfolio loans along with conventional & government. If you are interested in joining a great company, please send your questions and resume to Jeff Lemieux." (Bayview Asset Management is minority-owned by affiliates of The Blackstone Group, L.P (NYSE: BX).) 

There have been a number of postings here recently about Vendor Management. Compliance is inescapable and a careful read of the regulations make it fairly clear that compliance has to be more than just collecting some limited information and putting it in a file. Each lender is now required to have vendor management policies and procedures that support an active monitoring and management program. RML Advisors, headed by Regina M. Lowrie, former MBA Chair, has developed a Vendor Management Toolkit that enables lenders to quickly implement a compliant program. The Toolkit is risk-based so that the full vendor management efforts are focused on high and moderate risk vendors and a more simplistic approach is used for low risk vendors. The kit has a practical price and the firm will support either a Do-It-Yourself approach by the lender or will provide a turnkey solution. If you'd like more information please contact Regina Lowrie.

 As Managing Editor of MortgageCompliance Magazine, Dr. Rick Roque in the September issue highlights an article written by Mitch Kider, Managing Partner of Weiner Brodsky Kider PC on the expanding role of the CFPB in their focus on non-depository mortgage lenders, especially as it pertains to expanding HMDA and other compliance tools; such moves will only increase compliance costs, legal fees, technology costs and regulatory scrutiny for mini-correspondent and full mortgage bankers. "This is why many origination groups - doing $2,000,000 per month or more are contacting me looking for more stable options," says Dr. Roque, "I speak to independent mortgage companies doing $10-$20M/mo from the west coast or smaller retail production groups doing $2M-$4M/month in the Midwest looking for competitive rates, service friendly underwriting and growth oriented marketing.  If loan officers and retail focused mortgage groups are looking for options in any of the 50 states, inquiries can be directed to Dr. Roque, or visiting MENLO's website to learn more. 

Switching gears, here is something we sure don't see happen very often! A judge has tossed out mortgage-backed securities litigation brought by the Federal Deposit Insurance Corp. against Credit Suisse Group and Deutsche Bank. The judge ruled that the FDIC had filed its action too late. 

Do you think that only a written notice is required to effectuate a right of rescission? Think again! The US Supreme Court will soon decide whether a lawsuit must be filed to exercise the right of rescission within three years of a residential mortgage loan's consummation - in order to make the rescission effective. In "TILA versus TILA: Rescission by Notice or Lawsuit," a White Paper authored by Jonathan Foxx, the President & Managing Director of Lenders Compliance Group, you will read an analysis of the startling maze of conflicting court findings that must now be resolved by the US Supreme Court. Are the courts about to be inundated with a huge number of lawsuits by borrowers seeking rescission? 

Yesterday was a heady day in terms of reminding us of government's impact on all facets of lending and financial services. The Federal Reserve Board, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency finalized a rule to strengthen the liquidity positions of large financial institutions. The rule will for the first time create a standardized minimum liquidity requirement for large and internationally active banking organizations. "Each institution will be required to hold high quality, liquid assets (HQLA) such as central bank reserves and government and corporate debt that can be converted easily and quickly into cash in an amount equal to or greater than its projected cash outflows minus its projected cash inflows during a 30-day stress period. The ratio of the firm's liquid assets to its projected net cash outflow is its 'liquidity coverage ratio,' or LCR. The LCR will apply to all banking organizations with $250 billion or more in total consolidated assets or $10 billion or more in on-balance sheet foreign exposure and to these banking organizations' subsidiary depository institutions that have assets of $10 billion or more. The rule also will apply a less stringent, modified LCR to bank holding companies and savings and loan holding companies that do not meet these thresholds, but have $50 billion or more in total assets. Bank holding companies and savings and loan holding companies with substantial insurance or commercial operations are not covered by the final rule.  

Not to be outdone, BB&T will acquire additional Texas branches from Citibank. The acquisition includes 41 branches with $2.3 billion in deposits and $87 million in loans in the Dallas, Houston, Midland and Odessa markets (0.15 percent average cost of deposits). It is a 5.3 percent deposit premium paid on total deposits, and this follows a 21 branch acquisition completed in June. 

In Pennsylvania Mid Penn Bancorp, Inc., headquartered in Millersburg, and Phoenix Bancorp, Inc. headquartered in Minersville, announced the signing of a definitive merger agreement which calls for Mid Penn to acquire Phoenix in a transaction valued at approximately $14.5 million. The transaction expands Mid Penn's footprint in Schuylkill County and into Luzerne County. On a pro forma basis, the consolidated assets of the combined company will be approximately $875 million.  

Capital Markets Cooperative, LLC (CMC) announced that its wholly owned subsidiary, CMC Funding Inc., has been selected by the Federal Home Loan Bank of Cincinnati (FHLB Cincinnati) and the Federal Home Loan Bank of Indianapolis (FHLBI) as its partner for the servicing-released portion of the Mortgage Purchase Program (MPP). "CMC shares a common philosophy and we all provide our members outstanding value along with superb support" said Tom Millon, CEO and President of CMC. "CMC is focused on flexibility, adaptability and service for the MPP customers. We developed state-of-the-art technology for the delivery of the servicing asset, and will provide liquidity and more product options to the FHLB's community lenders." 

Mortgage insurance company United Guaranty has introduced SecureCert, a suite of five options that allow lenders to choose the maximum rescission relief available in the MI industry-at no added cost. The Federal Housing Finance Agency (FHFA) is requiring all mortgage insurers to adopt new master policies, effective October 1, to provide more uniform, industry-wide standards for rescission relief and claims handling. SecureCert provides comprehensive rescission relief-except in instances of first-party fraud. Also, with its Day One Protection options, United Guaranty assumes responsibility for MI underwriting mistakes when it reviews loan file documents. SecureCert offers two options that provide rescission relief at 36 months and three options that accelerate rescission relief from 36 months to 12 months with the submission of additional documents.  

AllRegs spread the word that VA announced new appraisal requirements: VA will now require appraisers to include the Fannie Mae Form 1004MC (Market Conditions Addendum), in all VA appraisal reports. 

Mountain West Financial Wholesale Credit Policy Updates include adherence to mortgage debt discharged through bankruptcy, even if a foreclosure action is subsequently completed to reclaim the property in satisfaction of the debt, the borrower is held to the bankruptcy waiting periods and not the foreclosure waiting period. The Waiting Period after a Short Sale or Deed-in-Lieu of Foreclosure and Charge Off Accounts of Mortgage Debt are effective with applications dated on and after August 16, 2014 have been REDUCED to a 4 year waiting period, or 2 years if extenuating circumstances can be documented per guidelines (The 7 year waiting period for deed-in-lieu of foreclosure and short sale has been removed). In addition the previous LTV restrictions tied to different waiting periods for Deed-in-Lieu of Foreclosure, Short Sale or Mortgage Account Charge-Off have been removed. 

NewLeaf Wholesale's Jumbo Fixed and ARM guidelines have been updated. Changes include information on payment shock, appraisal requirements, subordinate financing, residence converted to investment property, subordinate financing, rental income, and departing residence updates and changes. 

Kinecta Federal Credit Union Wholesale posted updates to coincide with Fannie Mae updated Selling Guide. Additionally, Kinecta has simplified and improved its Lender Paid Mortgage Insurance (LPMI) credit score bands and adjustments for Conforming and Super-Conforming (Fixed and ARM) products. 

AMX Wholesale requires following list of BROKER disclosures to be included on every loan, at submission, and must be dated within 3 days of the initial application: Written List of Service Providers, Intent to Proceed with Application, GFE, Servicing Disclosure Statement, MLOA (Mortgage Loan Disclosure Statement), Anti-Steering Disclosure (if applicable), Borrowers' Certification and Authorization, Fair Lending Notice, Equal Credit Opportunity Act (ECOA), Privacy Policy Disclosure, Homeownership Counseling Disclosure, Appraisal Valuation Acknowledgement and Affiliated Business Arrangement Disclosure Statement Notice. 

These investors are sure interested in yield, and with the supply of MBS dropping, demand beat out supply again and we had a little rally. "Little" is the operative word since the 10-year note was higher by 2+/32s (2.41%), while prices on 30-year FNMA 3s through 4.5s ranged from +1 tick to +2+ ticks, respectively. There was no real market-moving news although we did have the Fed's Beige Book which told us that barely half of the Districts reported stable or growing residential real estate activity related to the construction of new homes and sales of existing homes, demand for residential mortgages was less robust, and credit standards remain generally unchanged in most Districts. 

Today we have a full menu of releases, including soup (August ADP Employment expected +220k), salad (Initial Jobless Claims expected +300k), pasta (July International Trade), steak (final Q2 Productivity/Unit Labor Costs), and chocolate cake (August ISM non-manufacturing PMI). We'll enjoy a fine wine (the ECB monetary policy decision) with an aperitif (the Treasury announcement of next week's auctions of 3- and 10-year notes and 30-year bonds). We had a 2.41% close on the 10-year, and in the wee hours of this morning we're roughly unchanged.

 
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