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Mar. 30, 2012: LO comp & the CFPB; the FHA & seller contributions; Redwood Trust, ewharehouse chatter
Rob Chrisman
What
is more fun to talk about, the latest CFPB power grab, an
investor changing its appraisal review process, or the 42-state
Mega Millions lottery? Apparently the previous $360 million
wasn’t enough to grab nationwide attention – but now we’re at a
record $500 million. The Federal, state, and local governments
are all licking their chops, as is everyone who bought a ticket
not knowing that a
lottery is a tax on people who don’t know math. Expected
winnings have actually decreased since the last play (when no
one won) due to the sheer number of people that are now entered,
and the odds of winning the grand prize are less than 175
million to 1. Folks should know which of the 56 balls have come
up most often (11, 14, 18, 33 & 48), what numbers are most
often played (numbers less than 30 due to birthdays), and so
forth if they want an edge.
What
is "election uncertainty"?
Election
uncertainty is the buzz-term that economists around the world
are talking about. If you take the world's GDP, and which
countries make up the lion's share of that gross domestic
product total, you'll find that the majority of them have
elections this year and next. And these elections, whether
they're in France, Egypt, Iceland, Japan, Palau, or the United
States, can easily move markets. So no matter how exciting the
NCAA men’s games are tomorrow, be sure to blurt out, “This isn’t
half as interesting as election uncertainty!”
Bailout?
"No
Way!" says the FHA.
Well, at least "Unlikely!" Straight from the horse's mouth: http://portal.hud.gov/hudportal/documents/huddoc?idMythsandFactsLoanPortfolio.pdf.
Bailout
or not, there are indeed things going on, or that might go on,
with the FHA program that are causing concern. For example, the proposed reduction in
seller contributions. When a seller sells, they can't
always afford to pay a Realtor and throw 6 points at the deal.
Banks and homebuilders can, and do, pay those points, but with a
cap, that can't happen anymore. It will level the field a bit
for private sellers of homes versus say homebuilders or banks.
(For more on this visit: https://www.federalregister.gov/articles/2012/02/23/2012-3934/federal-housing-administration-fha-risk-management-initiatives-revised-seller-concessions#h-11.)
And
yesterday the commentary mentioned the new collection policy.
Any lender with a portion of its business in the sub 660 FICO
region is quick to point out that this change targets the
traditional "low to moderate income" borrowers. How much of the
borrower population will be impacted is anyone's guess, but of
greater concern/question is, "Have economics caused the
FHA's mission to change, and by how much?"
Yesterday the commentary mentioned, "Over at Freddie Mac, it has
expanded its policy on HASP Open Access such that HVEs are now
permitted for one or two-unit properties only and must not be
more than 120 days old at the Note date. HVE values are
calculated by the initial LP Feedback Certificate, and
subsequent HVE values will have to be determined, if it has
expired, by running the property through CoreLogic, or, if it
hasn't expired, by pulling an additional HVE using CoreLogic." I
received this clarification: "For Freddie, lenders are
not limited to CoreLogic. They can obtain HVE valuations
for free through LP or our look-up tool. But, in addition to
CoreLogic, they can also obtain HVE values (for the first time
or to replace an expired valuation) through CBC Innovis,
Equifax, Dataquick, and LPS." Thank you very much.
With
the industry seeming to pin its non-agency hopes, for better or
worse, on Redwood Trust,
which lost its CFO several months ago, another CFO wrote
yesterday, "It is good to see another deal put out by Redwood.
But it might be useful if you raised a red flag regarding their
taxable income versus their dividends. Specifically http://www.redwoodtrust.com/,
Investor Information, Redwood Review, Page 4 of the last report.
Compare taxable income to dividends...over 9 quarters they are
down a total of ($0.53) per share for taxable income but paid
dividends of $2.25. If one multiplies $2.25 by 78 million shares
you find $175 million of capital returned to shareholders on top
of the reported losses. One can't help but wonder if this is a sustainable business
model. Given so much weight and attention are given to
their deals, shining a light on this appears to be relevant."
(On Page 8 management notes, "We believe we can generate the
capital needed for the vast majority of these new investments
and dividends through cash from operations, principal payments
from our investments, asset sales, and obtaining debt financing
on our commercial portfolio.")
The
Consumer Financial Protection Bureau plans on taking a close
look at the Federal Reserve's controversial loan officer
compensation rule and will issue a new proposal "soon."
CFPB acting assistant director Peter Carroll recently stated
that the agency is particularly interested in transactions where
the consumer pays discount points and "how that affects
creditor-paid transactions,” he said. As we know all too well,
the Fed rule prohibits dual compensation and restricts LOs at
mortgage brokerage firms from being compensated by the consumer
and the wholesale lender in the same transaction, and bans LOs
from making less money on a deal and passing that savings onto
the borrower. The Dodd-Frank Act transferred the Fed's
jurisdiction for the LO compensation rule to the new consumer
bureau in July 2011. "We are re-visiting some of the issues
around that rulemaking as well as other items that were given to
us in the Dodd-Frank Act," Carroll said. Carroll heads the CFPB's
“Office of Mortgage Markets” which monitors the residential
finance industry. His group is responsible for how rules
impact both consumers and lenders, per reporter Brian Collins.
It is interesting, if this indeed came from the CFPB since there
is open disagreement about its exact role, how to accomplish it,
where to draw the lines, and how to examine for it.
I
can’t ignore the clamoring about ewharehouse – comments
are really testing the “Any publicity is good publicity” motto.
I received this note from the owner of a mortgage bank in the
western U.S.: “I also suspect ewarehouse is a scam. The rep who
came to visit us is someone we have known for many years. We
stroked a $1,000 check. Oh well. They came back to us with a
massive list of requests. We had decided to give them nothing
until they were able to give us some references. Their response
was that at this time all their clients who are actually funding
are on the East Coast. We said, "Fine. Who are they?" - Stone
silence. I checked on who owns the ewarehouseone web site, and
tried to find any affiliations. It is impossible. Something
about the site and its ownership is not passing the ‘smell
test’.”
Comments
also
continue about Fannie & Freddie doing principle reductions,
especially with the comments from Treasury Secretary Geithner
this week. But what the proponents of principal reductions at
Fannie and Freddie don’t talk about is what a transfer of wealth
from taxpayers (again) to large banks such a program would
represent. As of last September, only 2.5% of Fannie and Freddie
mortgages were seriously delinquent, versus about 7% for banks’
mortgages. But Fannie and Freddie write-downs are an easy thing
to suggest, even though they would constitute a direct and
sizable gift from taxpayers to the largest banks.
As
any LO who has been around for a while will tell you, many banks
hold second liens on the same properties for which Fannie and
Freddie either own the first mortgage or have guaranteed. If principal amounts on
these first mortgages are reduced while leaving the second
liens intact, those seconds become much more likely to be paid
off over time. With no principal reduction, the banks
would have to write off many of those second liens. As such,
principal write-downs would help our banks – which is a whole
‘nother debate.
Through
all
of this, at least mortgage rates remain relatively stable. Yes,
they’ve gone up some, but have come back down a little. Although
Europe has been quiet for many weeks, if the issues there begin
to increase look for another flight to safety in our market,
which tends to push rates down. Greece may have to restructure
their debt again. On top of that, Portuguese yields have
reversed their recent tightening - the WSJ suggests their day of
reckoning is coming.
Today
is week-end, month-end, quarter-end, and Japan begins a new
fiscal year on Monday. After a relatively quiet overnight, and
this morning’s Personal Income (+.2%) and Personal Consumption
(+.8%), we find the
10-yr down to 2.15% and MBS prices pretty much unchanged.
Recently mortgage prices have done very well, given the pick-up
in supply (which could be reflected in next week’s MBA numbers).
Will the Fed do QE3? Will Asia Buy once quarter end is over?
Will Louisville beat Kentucky? "Would you come back to work if
you won Mega Millions?"
An elderly man in Florida had owned a large farm for several
years. He had a large pond in the back, fixed up nicely: picnic
tables, horseshoe courts, a volleyball court, and some apple and
peach trees. The pond was properly shaped and fixed up for
swimming.
One evening the old farmer decided to go down to the pond and
look it over, as he hadn't been there in a while. He grabbed a
five-gallon bucket to bring back some fruit. As he neared the
pond, he heard voices shouting and laughing. As he came closer,
he saw it was a bunch of young women skinny-dipping in his pond.
He made the women aware of his presence and they all went to the
deep end.
One of the women shouted to him, "We're not coming out until you
leave!"
The old man frowned, "I didn't come down here to watch you
ladies swim naked or make you get out of the pond naked."
Holding the bucket up he said, "I'm here to feed the alligator."
Old men can still think fast.
If
you're interested, visit my twice-a-month blog at the STRATMOR
Group web site located at
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