An uncle once told me, “I've had bad luck
with
both my wives. The first one left me. And the second one didn't.” In a
story
from Reuters, both Deutsche Bank and France's BNP Paribas SA
separately sued
Bank of America last Wednesday, “claiming that the largest U.S.
bank
breached its obligations on a total of more than $1.7 billion of
mortgage-related transactions.” Both lawsuits relate to Ocala
Funding LLC,
a funding vehicle used by Taylor, Bean & Whitaker. TBW used
Colonial
Bank for warehouse lending, which Bank of America sued in August.
Deutsche
Bank accused BofA of breach of contract for failing to safeguard more
than
$1.25 billion of cash and mortgage loans from deals in 2007 and 2008.
In the
other lawsuit, BNP Paribas Mortgage Corp said BofA refused to pay
$480.7
million of principal and interest on secured notes when the sum came
due in
August. A Bank of America spokesman said the bank had fulfilled its
contractual
obligations and would defend itself against the allegations in court.
"BNP
and Deutsche Bank's effort to hold Bank of America responsible,
however, is
misguided. We fulfilled our contractual obligations in our limited
administrative role with respect to the Ocala facility."
Dubai,
home of the palm tree-shaped island, sail-shaped high-rise hotel, and
indoor
skiing, is not immune to the credit crisis. Apparently they borrowed
quite a
bit to finance their world-famous expansion, but on Wednesday the
city-state
said it would restructure its largest
corporate entity, Dubai World and announced a six-month standstill on
the
company's debt. Of course this news immediately pushed up the price of
insuring
against a default and reminded everyone of the collapse in its
once-booming
real-estate sector late last year. Fortunately it appears that our
banks, and
the mortgage business, have limited exposure to Dubai’s problems. But
the
question is whether Dubai
World is isolated, or a sign of widespread sovereign debt
defaults in emerging markets? One investor said, “I always thought that
Dubai
was way too flashy anyway, and they’re getting what they deserve – it’s
fine
unless its problems impact me.”
What does the public see about the mortgage
business these days? “Fannie Mae, the giant mortgage finance
company
that helps shape lending guidelines, plans more crackdowns next month
to
further tighten lending practices.” Those in the business know that
this is the
rollout of DU 8.0, “raising of minimum credit score requirements and
limiting
the amount of overall debt that can be carried related to income.” And
get this:
in spite of the credit nightmare that we find ourselves in, “There
is
concern, however, that the mortgage industry may become too restrictive
and
impede an economic recovery in its attempts to roll back loose lending
standards that led to the current crisis, The Washington Post says.”
http://www.upi.com/Business_News/2009/11/26/Fannie-Mae-to-tighten-lending-standards/UPI-80861259248989/
The week before last it was reported by HUD
that credit scores on FHA single-family loans have risen steadily
over the
past three years with the average score reaching 689 at the end of
September, a
10% improvement from a year ago. So far this year 44% of the loans
have
FICO scores above 680 and only 13% have FICO scores below 620. This
compares to
2007, when only 19% of the loans had FICO scores above 680 and 47% of
the loans
had FICO scores below 620. Steve from Franklin First wrote, "I think
this
is funny because HUD had nothing to do with this. As you know
it was the
mortgage industry self-regulating itself using overlays which, by the
way,
would be much needed positive press for our industry that seems to be
ignored.
It makes you wonder if HUD “geared” the major banks in this direction
due to
fact that they could not because it would have been politically
incorrect...”
I have a little money with Charles Schwab.
I have never thought of them as a player in the mortgage origination
business,
but maybe they’re trying to change that. I received an e-mail saying
“Schwab
Bank's rates are some of the lowest in the country. Schwab Bank
carefully
compares its mortgage rates with those of other national lenders on a
regular
basis, so you can be sure that you're getting a highly competitive
rate. You
can view the latest rate comparison at schwab.com/mortgage. Then, if you'd like to see Schwab Bank's
current low rates, please visit schwab.com/mortgagerates. We'll alert you when mortgage rates drop.
If
you'd like to receive an email when Schwab Bank mortgage rates fall
below a
level you preselect, you can sign up for Rate Alerts at schwab.com/mortgagealerts.” Just what brokers want to see…?
Caliber Funding told
clients that they will adjust their FHA and Conventional Conforming
Underwriting guidelines. They tweaked terms on properties listed for
sale
within the previous 6 months (eligible for refi if the subject property
is not
be currently listed for sale and was taken off the market for at least
one day
prior to the application date, etc., etc.) For seasoning on cash out
deals, “in
order to be eligible for a cash out refinance, all borrowers on the new
loan
must have been on the subject’s title for at least 6 months. The 6
months
is measured from the existing loan note date to the date of application
for the
new loan.” Caliber goes on to address court ordered buy outs, and short
sales
(if the borrower has previously sold a property on a short sale, and
the prior
loan was not delinquent, the borrower may be eligible for a new FHA
loan if the new loan receives an approve/eligible recommendation
through
TOTAL Scorecard, CAIVRS reflects no claim, and the subject property is
not
located in the same geographic area as the sold property…”). For
conventional
conforming loans, “if the borrower’s current principal residence will
be
retained as an investment property the rental income may not be used to
offset
the payment.”
How about interest rates and the market in
general? The day prior to Thanksgiving, the results of the 7-year note
were
very strong coming in at 2.86% with a bid/cover ratio of 2.76. (The YTD
bid/cover has averaged 2.53, but had averaged 2.73 since the June 1
change in
auction bidding rules.) The indirect bids were 62.5% of the auction. We
also
had New Home Sales up over 6% in October, much better than the
drop that
experts had forecast, and inventories shrank to about a 6.7 month
supply at the
current sales rate. We also had Consumer Spending pick up a little bit,
which
may give retailers a little hope for the upcoming buying season.
Things were relatively quiet over the
weekend,
although the Treasury is meeting with the large mortgage servicers
today in an
effort to push along loan modifications. Many are quick to point
out that a
few years back, the government was pushing lenders to widen their
guidelines to
promote home ownership, and now they pushing servicers to be actively
keep many
of these same borrowers in their houses. Today we have the Chicago
Purchasing Manager’s Survey at 9:45 EST. Tomorrow will be Construction
Spending
and ISM, Wednesday is the Fed’s Beige Book, Thursday Jobless Claims,
and then
on Friday is all of the unemployment data. The Dubai turmoil has
pushed our
rates down relative to Wednesday (“flight to quality”), and we find the
10-yr
at 3.24% and mortgage securities better than Wednesday but a little
worse than
Friday. Whole loan pricing will be dependent on the investor, of course.
John was in the fertilized egg business.
He had several hundred young layers (hens), called “pullets”, and ten
roosters
to fertilize the eggs. He kept records, and any rooster not performing
went into the soup pot and was replaced. This took a lot of time, so
he bought some tiny bells and attached them to his roosters. Each bell
had a different tone, so he could tell from a distance, which rooster
was “performing”.
Now, he could sit on the porch and fill out an efficiency report by
just
listening to the bells.
John's favorite rooster, old Butch, was a
very
fine specimen, but this morning he noticed old Butch's bell hadn't rung
at
all! When he went to investigate, he saw the other roosters were busy
chasing pullets, bells-a-ringing, but the pullets, hearing the roosters
coming,
could run for cover.
To John's amazement, old Butch had his bell
in
his beak, so it couldn't ring. He'd sneak up on a pullet, do his job
and
walk on to the next one. John was so proud of old Butch, he entered
him
in the Renfrew County Fair and he became an overnight sensation among
the
judges. The result was the judges not only awarded old Butch the No
Bell
Piece Prize but they also awarded him the Pulletsurprise as well.
Clearly old Butch was a politician in the making. Who else but a
politician could figure out how to win two of the most highly coveted
awards on
our planet by being the best at sneaking up on the populace and
“messing with” them
when they weren't paying attention?
Rob
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