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Jul. 3, 2012: SunTrust jilted; California's law & Basel III will NOT help mortgage pricing; investor updates including agency disaster websites
Rob Chrisman
Tomorrow,
on your day off, here is 3 ½ minutes of a few very clever
creative bets that you can win: http://biggeekdad.com/2012/06/10-bets-you-will-win/.
Speaking
of clever, a veteran male trader at Chase noted, "Michigan
deployed talking urinal cakes to fight Driving Under the
Influence. If one of them sounds like my Mother-In-Law I will
start wearing Depends." That's darned funny.
The Census Bureau tells us that thirty-one places have
“liberty” in their names. The most populous one is Liberty,
Mo. (29,149). Iowa, with four, has more of these places than
any other state: Libertyville, New Liberty, North Liberty and
West Liberty. Thirty-five places have “eagle” in their names;
eleven places have “independence” in their names. The most
populous one is Independence, Mo., with a population of
116,830. Nine places have “freedom” in their names, one place
has “patriot” in its name (Patriot, Indiana), and five places
have “America” in their names. The most populous is American
Fork, Utah, with a population of 26,263. And you wonder what
those folks at the Census do all day...
Occasionally this commentary posts job searches. Today, SunTrust
is looking for a seasoned industry veteran after being left
at the altar. Must be present to win! Seriously, the MBA
announced that instead of assuming the presidency of SunTrust
Mortgage, Dave Stevens has agreed to stay on as President and
CEO. "The past few weeks have been extremely difficult for me
personally and professionally. After serious thought and
consideration, I simply cannot leave the MBA at such a
critical time for the industry and the association." Stevens
said. "Frankly, at the end of the day, stepping away now when
so much progress is being made and so much still left to be
done, did not feel right."
A statement from SunTrust noted, "We have a strong leadership
team in place, and continue to execute our business plan and
serve the needs of the clients of SunTrust Mortgage." American
Banker observed, "SunTrust's mortgage operations are still
struggling with credit quality issues and repurchase
requests, and the Atlanta bank has been trying to reshape
the business. Last month, it appointed Peter E. Mahoney
as executive vice president of mortgage strategy and Jack
Wixted as executive vice president and chief risk officer."
On
the other side of the Atlantic, Barclays CEO Bob Diamond
stepped down amid increasing pressures related to
investigations of possible Libor manipulation. "The external
pressure placed on Barclays has reached a level that risks
damaging the franchise -- I cannot let that happen," Diamond
said. "I am deeply disappointed that the impression created by
the events announced last week about what Barclays and its
people stand for could not be further from the truth." Marcus
Agius, who resigned as chairman Monday, will take Diamond's
spot until a permanent successor is found.
Well,
out in “the land of fruits and nuts” they did it: California
would become the first state to write into law much of the
national mortgage settlement negotiated this year with
the nation’s top five banks, and expand it to all lenders,
under wide-ranging legislation state lawmakers approved
Monday. “Majority Democrats sent the homeowner protection
package to Gov. Jerry Brown despite opposition from business
and lending organizations and most Republican legislators.”
Once again, we see an illustration of the public’s perception,
and that of the popular press’s, of an issue being different
than that of the lending industry’s. On the surface it sounds
great. The legislation would require large lenders to provide
a single point of contact for homeowners who want to discuss
loan modifications. It would prohibit lenders from foreclosing
while the lenders consider homeowners’ request for
alternatives to foreclosure. And it would let California
homeowners sue lenders to stop foreclosures or seek monetary
damages if the lender violates state law. “The protections
would benefit all California homeowners, not just those whose
mortgages are with the five banks that signed the national
settlement in February. And many of the restrictions would
become permanent, while those in the nationwide agreement will
end after five years. It applies to all owner-occupied
residences, but not commercial or rental properties.”
The
new law could easily and directly impact the price of
mortgages to California borrowers as servicers say, “If
these are the new rules, we don’t want the servicing as
much, and so let’s pay less for it.”
Is the attorney general going to persecute investors who back
their prices off due to it? The law lets homeowners sue
mortgage providers if they violate state law, but only if
there is a significant violation. (What is “significant”?)
Homeowners could ask judges to halt pending foreclosures but
could collect monetary damages only if the foreclosure took
place. It requires lenders to provide a single point of
contact for borrowers who want to discuss foreclosures or
refinancing, with an exemption for lenders that process fewer
than 175 foreclosures per year. It bans what are known as
“dual-track foreclosures” by barring lenders from filing
notices of default, notices of sale, or conducting trustees’
sales while they are also considering alternatives to
foreclosures like loan modifications or short sales. It
increases penalties for banks that sign off on foreclosures
without properly reviewing the documentation, a process known
as robo-signing.
Lastly,
under
the “things that may increase the price of residential
mortgages to borrowers,” banks that are concerned about
potential fair lending claims if they refuse to make
residential mortgage loans that are not “qualified
mortgages” or “qualified residential mortgage loans” should
be equally concerned about the new proposed bank capital
rules.
On June 7, 2012, the Federal Reserve approved for publication
three sets of proposed regulations to revise the risk based
capital rules for banks to make them consistent with the new
international capital standard, generally known as Basel III,
and certain requirements of the Dodd-Frank Act. The Office of
the Comptroller of the Currency and the Federal Deposit
Insurance Corporation followed suit on June 12, 2012.
Conventional residential mortgage loans with loan-to-value
ratios in excess of 80%, regardless of the presence of private
mortgage insurance, could trigger material adverse capital
requirements if the loans are held for investment and do not
comply with certain regulatory underwriting criteria. Such
loans could present the legal risk of loss under the “ability
to repay” rules, the credit risk of loss under the “risk
retention” rules and now increased capital charges under the
implementation of Basel III:
http://www.klgates.com/proposed-basel-iii-capital-rules-06-18-2012/.
Here
are some somewhat recent investor/agency updates,
providing a flavor for the environment. They just don’t stop.
As always, it is best to read the actual bulletin.
With
the Colorado fires, and the hurricane season, it is a good
idea for underwriters and secondary marketing staffs to
re-familiarize themselves with agency rules for lending in
disaster areas. Rather than go into all the ins &
outs, Fannie's is https://www.efanniemae.com/sf/guides/ssg/hurrelief/index.jsp
and Freddie's is http://www.freddiemac.com/singlefamily/service/disastermgmt.html.
As
part of its One Touch initiative, Wells Fargo Funding’s
has set a goal of minimum 50% funding for all first time
clients, meaning that no more than 50% of such borrowers’
loans could be suspended.
Wells Fargo Wholesale has issued a correction to an earlier
announcement about changes to FHA Streamline Refinance
mortgage insurance premiums stating that, for base loan
amounts exceeding $625,000, the annual MIP paid monthly would
increase to 0.25%. The annual MIP paid monthly for such loans
will increase 0.25% (25 bps), not to 0.25%. FHA Non-Credit
Qualify Streamline and Purchase Close calendars for the third
quarter of 2012 are available via the Broker’s First®
website. The calendars provide the dates by which credit
packages, conditions, and documents must be submitted.
The Wells inspection requirement for private sewage disposal
systems may not apply to some properties in Iowa as per state
requirements. In cases where a customer states that a
transaction is exempt from the inspection, Iowa Senate File
261 (http://coolice.legis.state.ia.us/Cool-ICE/default.asp?CategoryBillInfo&ServiceBillbook&ga‚&menutext&hbillSF261)
should be consulted.
Under new rules that will come into effect on June 18th, Wells
will be using different credit scores to assess risk. For
loans not submitted via Direct Express, the credit report
generated by Wells and ordered from Equifax and/or Credco will
be used, while loans submitted via Direct Express will
continue to use the information from the credit report
generated by Direct Express.
As per agency requirements, construction-to-permanent
transactions will not be permitted as Purchase transactions as
of June 18th. Wells will continue to allow
construction-to-permanent transactions as Rate/Term or
Cash-out refinances. The LTV/CLTV/TLTV calculation for
construction-to-permanent transactions has also been revised
such that the value will be calculated using the current
appraised value of the property and must comply with the
product’s Rate/Term or Cash-out refinance guidelines. Super
Conforming Mortgage Program loans, as they require
construction to be complete, are not affected.
The Wells non-branded Consumer Handbook on Adjustable Rate
Mortgages disclosure has been updated and should be used for
all loans registered after June 25th. The old CHARM/ARM
disclosure should be discarded.
Citibank has updated its Ineligible Originator List,
which is posted on the Citi Correspondent website in the elfno
section. The list, which shows brokers, correspondents, and
other originators and parties that are not permitted to be
involved in the origination of any loan submitted to Citi for
purchase, is revised regularly, as is the Appraiser
Monitor/Ineligible List (also in the elfno section of the
site).
Loans on condos in Georgia that are registered after June 23rd
will be subject to Citi’s upcoming LTV/CLTV/HCLTV
restrictions. For borrowers with FICO scores over 740, all of
these values will be capped at 70%, while for those with FICO
scores less than 740, they will be capped at 60%.
Due to Freddie’s decision to retire the program in August,
Citi will no longer accept Freddie Mac Alt 97 Mortgage
registrations on or after June 23rd.
All this continues to make the markets, and interest rates, be
an afterthought – there just isn’t much going on. Good
news of stability, or hoped-for stability, could nudge rates
higher, while evidence that our economy is slow tends to
nudge rates lower. Yesterday we learned that, for the
first time since July 2009, US manufacturing has decreased.
However, the economy has grown for the 37th consecutive month
according to the nations' supply executives in the latest
Manufacturing ISM Report on Business. And Construction
Spending beat expectations, rising to its highest level in
almost 2.5 years in May as investment in residential and
federal government projects surged.
By
the end of the day, the third quarter started off with new
record high closing prices set on 30-year FNMA 3.5% through
4.5% coupons as 10-year notes rallied nearly 3/4s of a point
to 101-17+ (1.58%) per Thomson Reuters. “The
supply/demand dynamics were very strong today with the
sell/buy ratio reported at 1:3. Indeed, mortgage banker
selling was light at around $1.5 billion, while the weak data
contributed to active buying from real money despite the price
levels with the Fed, of course, a steady player.” Agency MBS
prices were marked higher (better) by over 1/4 point on
30-year FNMA 4.0s to nearly 1/2 point on 3.0% coupons. But
will the price improvements make it onto rate sheets?
Today
we’ll have May’s Factory Orders (expected higher) and an early
close for the bond market – look for liquidity to dry up. Many
companies are closing early – do LO’s really expect to lock
loans in, and lock desks to be open, at 5PM on the day before
a holiday? In the early going our 10-yr is at 1.60% and
MBS prices are nearly unchanged.
Very punny, part 1 of 2:
52 cards 1 decacards
1 kilogram of falling figs 1 FigNewton
1000 milliliters of wet socks 1 literhosen
1 millionth of a fish 1 microfiche
1 trillion pins 1 terrapin
10 rations 1 decoration
100 rations 1 C-ration
2 monograms 1 diagram
4 nickels 2 paradigms
2.4 statute miles of intravenous surgical tubing at Yale
University Hospital 1 IV League
100 Senators Not 1
decision
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.
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