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Oct. 13, 2009: Conference in San Diego continues; California adds several mortgage laws
Rob Chrisman
Greetings
from San Diego, where, coincidentally, there is a national mortgage
banking
conference. Although I didn’t see any chains of mortgage banker types
forming
conga lines in any hotel lobbies, the mood here has improved since
the last
few conferences, and most are cautiously optimistic. There is still
the “Hey,
congratulations, we’re still in the business” mood, but no one seems to
believe
that it will be smooth sailing from here on out. If I had to sum
things up,
I would say that a) there are a number of "displaced" mortgage
bankers starting up some new ventures with good potential, b) "new"
loan
programs are practically nonexistent, c) vendors are introducing a few
new
products and new twists on dealing with the current "agency-only"
environment, and d) regulatory and compliance changes have become
constant.
Regardless,
the mood is definitely better than one would probably find in the Chicago
Cub’s front office, given that they have declared bankruptcy.
At
those ticket prices!
Speaking of that, San Diego also happens to be in California, where,
as it
turns out, the governor just signed seven mortgage-related laws.
Not that
other states always follow what happens in California, but it is
important to
know what the laws are. Generally, the laws provide a range of consumer
protections
to borrowers and home-mortgage holders. For example, starting January
1, mortgage
brokers will not only have new licensing requirements but also face
tighter
restrictions so they cannot steer borrowers to riskier, higher-interest
loans
when they qualify for less-expensive ones. “Neg Am” loans are
banned,
so no more option of monthly payments so low that the loan amounts can
actually
grow over time. Prepayment penalties are limited to 2% of loan
balances. But
don’t take it from me. Check out http://www.latimes.com/business/la-fi-mortgage13-2009oct13,0,6365006.story
There
are a fair number of “muckity-mucks” here at the conference. It reminds
us that
ten years ago, in 1999, Martin Luther King III wrote that minorities
were being
left out of the housing boom. Not wanting to appear unjust, Andrew
Cuomo, who
is responsible for the HVCC issue, and who was then Secretary of HUD, increased
the mandated lending by Fannie and Freddie to “underserved communities”.
Credit standards declined, and documentation standards declined. Of
course, the
fact that home prices can, and do, decline didn’t matter. No one views
that as
the sole reason that we find ourselves in this credit situation, but it
hasn’t
helped…
How
are various companies’ loan modifications going? Well, at least one
seems to be
going well. Ocwen Financial (“New Company” spelled backwards, by
the way),
who was a leading subprime lender and servicer, reports that they are
converting almost 14% of its customers' trial modifications, compared
to about
1-2% industry-wide. Its customers, of course, are subprime
borrowers –
whatever subprime means these days, but apparently the servicing
portfolio is
fertile ground. Ocwen said it completed almost 45% of all of the
permanent
mortgage modifications done by the industry under the Treasury
Department's
Home Affordable Modification Program (HAMP). And as we all know, HAMP
reduces
monthly mortgage payments to help borrowers who are facing foreclosure
keep
their homes and pays cash incentives to mortgage servicers to reduce
monthly
payments.
Well,
with the fixed income markets closed yesterday, and many major players
here in
San Diego mired down in meetings, there is not much going on in the
mortgage
markets. We are reminded, as lenders and investors re-open today, that
rates
moved quite dramatically at the end of last week, but today we are, so
far,
seeing a little improvement. With no news, the yield on the 10-yr
is down to
3.33% and 30-yr mortgage security prices are about .125-.250 better
than they
were at the close of business on Friday.
A Mafia Godfather finds out that his bookkeeper has cheated him out of
ten
million bucks. His bookkeeper is deaf. (That was the reason he got the
job in
the first place - it was assumed that a deaf bookkeeper would not hear
anything
that he might have to testify about in court!)
When the Godfather goes to confront the bookkeeper about his missing
$10
million, he brings along his attorney, who knows sign language. The
Godfather
tells the lawyer, "Ask him where the 10 million bucks he embezzled from
me
is." The attorney, using sign language, asks the book keeper where the
money is.
The bookkeeper signs back: "I don't know what you are talking
about."
The attorney tells the Godfather: "He says he doesn't know what you're
talking about."
The Godfather pulls out a pistol, puts it to the bookkeeper's temple
and says,
"Ask him again!"
The attorney signs to the bookkeeper: "He'll kill you if you don't tell
him!"
The bookkeeper signs back: "OK! You win! The money is in a brown
briefcase, buried behind the shed in my cousin Enzo's backyard in
Queens!"
The Godfather asks the attorney: "Well, what'd he say?"
The attorney replies: "He says you don't have the guts to pull the
trigger."
Rob
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