Jun. 12, 2012: ResCap & Berkshire; buybacks continue to plague industry; letters from the trenches on appraisals
Rob Chrisman
Tonight
the NBA finals start, just in time, or so it seems, for the NBA
basketball season to start all over again. But here’s some
aerobatic basketball fun for fans: http://biggeekdad.com/2010/10/dunking-devils/.
Not
only do we have to endure five more months of election news,
and then a few more about the lame duck Congress, but we are six
months away from the end of the world. There is a lot of
talk swirling around that this year marks the end of the world
as we know it and apocalypse is coming. Some say the ancient
Mayans predicted the end of the world, but that isn’t exactly
true. There is no clear prophecy in ancient Maya records because
the single stone reference of any sort that might refer to it is
damaged and the last part of the inscription cannot be
understood (Monument 6 from the ruined site of Tortuguero makes
reference to the date, but the rest is just not clear). That is
one area of trouble, but it is compounded when you consider
other Mayan prophesies that exist in other documents are not
only difficult to interpret, but they do not specify 2012
either. Nonetheless, believers will not be swayed, so why try?
I
am continuing to hear news that buybacks over trivial,
and not so trivial issues, continues to plague the industry. The
biggest buyback news of late was Freddie Mac’s request of
Bank of America. One of the interesting components of that
was that a vast majority of the loans that are being repurchased
are current. This leads one to believe that these repurchases
are taking place due to the quality check (QC) process that
takes place on newly originated GSE loans. And this is indeed a
concern to originators everywhere. The GSEs tend to sample a
small percentage of loans originated by a lender to ensure that
they are underwritten as per their guidelines – usually within
six months. But with these loans, some of the loans being
repurchases were originated in 2009/10. This suggests that it
took over 2.5 years for Bank of America and Freddie Mac to
identify and settle this issue. There is a more in-depth
write-up about the situation at www.stratmorgroup.com,
near the top right.
With
the Fed voting last week to move ahead with our banks adhering,
over the next several years, to the Basel III guidelines, one
can expect to see changes. One of those changes is the shift of
servicing from some depositories to non-depositories – we saw
some of that last week with the sale of several billion of
servicing by BofA to Nationstar. In a distantly related story,
the Financial Times reports that Berkshire Hathaway has
offered to buy the mortgage servicing business and loan
portfolio of Residential Capital/GMAC/Ally. ResCap owes
significant debts to Berkshire. “As part of its bankruptcy,
ResCap said it intended to accept “stalking horse” bids of up to
$1.6bn from Ally for its loan portfolio and $2.4bn from
Nationstar, a home lender majority owned by private equity
investor Fortress for its servicing business. In papers filed on
Monday, Berkshire offered to beat Ally’s bid for the loan
portfolio by $50m and to match Nationstar’s bid for the
servicing business with a lower break-up fee and expense
reimbursement.”
"The depressed housing market has also been an important drag on
the recovery. Despite historically low mortgage rates and high
levels of affordability, many prospective homebuyers cannot
obtain mortgages, as lending standards have tightened and the
creditworthiness of many potential borrowers has been impaired.
At the same time, a large stock of vacant houses continues to
limit incentives for the construction of new homes, and a
substantial backlog of foreclosures will likely add further to
the supply of vacant homes. However, a few encouraging signs in
housing have appeared recently, including some pickup in sales
and construction, improvements in homebuilder sentiment, and the
apparent stabilization of home prices in some areas." Thank you
Chairman Bernanke. Is this news to anyone in real estate or real
estate finance?
Or how about the Fed's report showing that American's wealth
declined between 2007 and 2010 - in large part due to housing?
I'll apologize for being a little cynical here, but is the Fed
next going to tell us that changes in shooting and stabbings
leads to changes in the rate of violent crimes? How about that
increased travel leads to more gasoline usage? Ok, back to
business: http://www.reuters.com/article/2012/06/12/us-usa-economy-networth-idUSBRE85A1A220120612.
Friday the commentary had some input on the current state of
appraisals. Joel B. from Arizona suggests, "Thanks for the
notes on appraisers. I don’t want to come across as a fan of all
the current and recent regulation, because I’m absolutely not,
but specifically for loan originators the question of how to train
an apprentice seems easy enough. First, you make them
obtain a license – an obvious first step if they’ll be doing an
origination work; then you title them as an assistant and design
a comp plan specific to the position that doesn’t include being
paid on the terms of the loan. Now, as long as you disclose
their NMLS ID, they are free to be trained or handle origination
type activities. Perhaps something similar can be done for
appraisers."
Dennis S. from California writes, "You mentioned the reliance of
appraisers on the MLS. A major issue I have constantly brought
forth to our local real estate community is the accuracy of
the descriptions in the MLS. We have a home across the
street from us that was sold as a short sale. Throughout the
occupancy by the owners they did no work to the property, from
landscape to routine maintenance. The property sat on the
market for several months before an offer was written, accepted
and then finally approved by the lender. Escrow closed over a
month ago and the entire month, seven days a week, contractors
have been working on the house to update it, repair it, paint
it, etc. The house sold under market (naturally I say that
since it is in my neighborhood!) but the listing agent put no
remarks in the listing about the condition other than, “great
home in great location, move right in.” This home is now a comp
at a low value with no mention in the MLS that whoever buys it
will need to spend considerable money to get the home to
reasonable condition. Appraisers will use the comp price and
make no adjustments for condition and state it as “average.”
This pulls down the market. When I bring this issue up to
realtors they say, “I know but what can I do?” Realtors are
afraid to police themselves but they must. They must take
pictures when showing properties and let the listing agent know
if they do not modify the MLS statements they will send the
pictures into the MLS oversight board and lodge a violation
complaint. Agents puff their listings to get showings, but a
good agent will show a property based upon its price and
location and once inside will know what their client may be
buying. Being honest upfront about the condition will better
serve the market, and the sellers who will have potential buyers
looking at their listings who know it is valued for work to be
done after close. Unfortunately the vast majority of agents are
unable to connect these dots and/or lack the courage to police
their fellow agents. But they are more than willing to complain
when their listing has a low appraisal."
Amy T. observes, "The appraisal issues are huge and the
commentary was enlightening. We pull a credit refresh to insure
that our data on our borrower is up to date and correct but we
rely on valuation data that is old and getting older while the
loan is in process with no chance of any type of market update.
We are in one of those markets with multiple offers and over
asking price transactions where a high percentage of appraisals
come in below the agreed upon price, this situation is extremely
frustrating for buyers who have been waiting for the market to
improve before stepping in and are then thwarted by low
valuations…. Although I also appreciate that rapid appreciation
is not healthy for our real estate economy we need to find a
balanced middle ground where the industry approach reflects the
reality of the appreciating market, how are we going to get the
market to really move forward if people cannot buy houses. My
chief complaint about the new appraisal environment is that we
the lender are not permitted to order a second appraisal for a
unhappy client BUT the client can go to another lender and get
another appraisal and that happens a lot. Appraisals are
not a science and no two on the same subject will be the same.
In the past when I could order a second appraisal to satisfy a
client the cost to the borrower would be discounted, not full
price for two appraisals. So today, like so many of the
regulations, the consumer actually pays the price not only the
cost of a second appraisal with another company but having to do
a whole new mortgage application in order to obtain a second
opinion on the value of the property. Who wins?"
Looking
at the markets, yesterday, in the early going, everyone seemed
excited about the news from Spain on securing some EU banking
aid. The impact of improvement in Europe, which nudged rates
slightly higher as well as stocks, lasted until about the
mid-morning coffee breaks, and then headed the other way. By the
end of a “news less” day here in the United States, the 10-yr
closed at a yield of 1.60% and agency MBS prices were better by
.125-.250, resulting in some intra-day price improvements. (Spain’s 10-yr, for
perceived risk comparison, is at about 6.6%.)
Today
for U.S. news we had Import Prices for May (expected, and
actually, -1.0% against a prior reading of down 1/2 percent) and
Export Prices were -.4%. This afternoon at 1PM EST the Treasury
will be auctioning off $32 billion of 3-yr notes – look for a
yield of about .37%. In the early going we find rates a
shade higher than Monday afternoon, with the 10-yr at 1.63%
and MBS prices -.125.
The 5 toughest questions for men. (Part 3 of 5; guaranteed to
get me into hot water, but I will gladly print the opposing view
if someone sends it to me.)
1. What are you thinking about?
2. Do you love me?
3. Do I look overweight?
4. Do you think she is prettier than me?
5. What would you do if I died?
What makes these questions so difficult is that each one is
guaranteed to explode into a major argument if the man answers
incorrectly (i.e. tells the truth). Therefore, as a public
service, each question is analyzed below, along with possible
responses.
Question # 3: Do I look overweight?
The correct answer is an emphatic: "Of course not!"
Among the incorrect answers are:
a. Compared to what?
b. I wouldn't call you fat, but you're not exactly thin.
c. A little extra weight looks good on you.
d. I've seen larger.
e. Could you repeat the question? I was just thinking about how
I would spend the insurance money if you died.
If
you're interested, visit my twice-a-month blog at the STRATMOR
Group web site located at www.stratmorgroup.com .
The current blog discusses the issue of the Freddie Mac &
Bank of America buybacks, and its potential impact on the
industry. If you have both the time and inclination, make a
comment on what I have written, or on other comments so that
folks can learn what's going on out there from the other
readers.