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Mar. 10, 2009: Industry players coming and going; Flagstar reminds wholesale clients of mandatory vs. best efforts
Rob Chrisman
Bernie Madoff and his wife are saying they have $69 million
that is theirs and is not part of the money he swindled. They say it's money he
saved by switching to GEICO.
With all of the talk about loan modifications, many
borrowers (and their loan officers) are wondering, “Who has my
loan?” Assuming that one has a borrower with a conforming
conventional loan, how do you determine who “owns” it? All one
needs is web access:
http://www.fanniemae.com/homepath/homeaffordable.jhtml
https://ww3.freddiemac.com/corporate/
Flagstar sent out a nice memo reminding their wholesale
clients of the importance of minimizing fallout, and the difference between
“best efforts” and “mandatory”:
“Unfortunately, over the last few months the wholesale
channel has experienced an unacceptable level of lock fallout. To help our
customers improve their overall performance, we’ve taken numerous steps
to help them reduce lock fallout. Our efforts, which have included offering
pricing incentives, supplying online tools to help customers monitor their own
performance, and stressing the importance of customers honoring their pledge of
“best efforts”, have helped reduce our overall lock
fallout….In this market many customers have lost sight of what the term
“best-efforts delivery” means when securing a rate lock. Our
broker and correspondent agreements state that even for “best
efforts” locks, the “delivery of Mortgage Loans closed by Seller
that are locked-in with Flagstar is mandatory.” This means that if a loan
closes that is locked best efforts, it must close with Flagstar. While a
certain level of borrower-driven fallout is expected, heightened levels of
fallout are not only unhealthy for Flagstar, but for our industry as a whole.
As part of our broker and correspondent agreements, Flagstar reserves the
right to charge a pair off fee on any loans locked best efforts that ultimately
close with another investor. We have been closely monitoring all of our
customers (brokers and correspondents) with unacceptable levels of lock fallout
and will begin charging pair-off fees on any loan that we find closed with
another lender after it was locked best efforts with Flagstar. Loans that were
locked with Flagstar but for any number of reasons have become undeliverable to
Flagstar (denied in underwriting, unexpected AUS results, UW condition that
could not be met, etc.) will be exempt from a pair-off fee.”
Companies continue to come and go. Central States
Mortgage shut down yesterday – they are/were headquartered in Wauwatosa, WI, and one of
the largest mortgage banks in Wisconsin,
shut down yesterday, suspending all operations. They hit their peak in 2004
with $1.4 billion of originations, and funded $523 million last year. On the
flip side, Manhattan Bancorp out of Southern California announced that it is investing in a
new capital markets business with Bodi Advisors. It “will be a
capital markets and advisory firm, focused on the trading, for the accounts of
customers, of residential mortgage-backed securities and mortgage loans. The
business will also have the ability to expand into the origination,
brokerage and sale of residential mortgage loans.” (The Bank of
Manhattan, which has been operating for 18 months, is a full service bank
focused on banking to entrepreneurs, family-owned and closely-held middle market
businesses, real estate investors and professional service firms.)
Aside from that, the mortgage-news markets are pretty quiet
this morning. Prices are lower, and rates higher (10-yr up to 2.94% and
mortgage prices worse by about .125), this morning ahead of the $34 billion
3-yr Treasury note auction today. (Tomorrow we have $17 billion in
10-yr’s to sell, and on Thursday $11 billion of 30-yr’s.) So
typically, with no scheduled economic news, bonds will trade off of supply
news, like that, or stock market news, which today could be positive. Our stock
market was pretty quiet yesterday, but overnight several markets overseas
improved, and this morning we find some news out of CitiGroup that they
are experiencing their best quarter since they last posted a profit in 2007. So
bank stocks could do well.
An old cowboy named Dick, was overseeing his herd in a
remote mountainous pasture in Colorado,
when suddenly a brand-new BMW advanced out of a dust cloud towards him. The
driver, a man in a Brioni suit, Gucci shoes, Ray Ban sunglasses and YSL tie,
leans out the window and asks the old cowboy, “If I tell you exactly how
many cows and calves you have in your herd, Will you give me a calf?”
Dick looks at the man, obviously from out of town, then looks at his peacefully
grazing herd and calmly answers, “Sure, Why not?”
The fellow parks his car, whips out his Dell notebook computer, connects
it to his Cingular RAZR V3 cell phone, and surfs to a NASA page on the
Internet, where he calls up a GPS satellite to get an exact fix on his location
which he then feeds to another NASA satellite that scans the area in an
ultra-high-resolution photo. He then opens the digital photo in Adobe Photoshop
and exports it to an image processing facility in Hamburg, Germany.
Within seconds, he receives an email on his Palm Pilot that the image has been
processed and the data stored. He then accesses an MS-SQL database through an
ODBC connected Excel spreadsheet with email on his Blackberry and, after a few
minutes, receives a response.
Finally, he prints out a full-color, 150-page report on his hi-tech,
miniaturized HP LaserJet printer and finally turns to the cowboy and says,
“You have exactly 1,586 cows and calves.”
“That's right. Well, I guess you can take one of my calves,” says the
old cowboy. He watches the man select one of the animals and looks on amused as
he stuffs it into the trunk of his car.
Then Dick says to the guy, “Hey, if I can tell you exactly what your
business is, will you give me back my calf?”
The man thinks about it for a second and then says, “Okay, why
not?”
“You're a Congressman for the U.S. Government”, says Dick.
“Wow! That's correct,” says the guy, “but how did you guess
that?”
“No guessing required.” answered the old cowboy. “You showed
up here even though nobody called you; you want to get paid for an answer I
already knew, to a question I never asked. You tried to show me how much
smarter you are than I am, and yet, you don't know a thing about cows...this is
a herd of sheep. Now give me back my dog.”
Rob
(For archived commentaries, check www.robchrisman.com,
or to subscribe write to rchrisman@robchrisman.com)
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