Aug. 1, 2012: Compliance job in So Cal; DeMarco & Geithner grappling; the good, the bad, and the ugly of Freddie's HARP news
Rob Chrisman
"Big
money goes around the world,
Big money underground.
Big money got a mighty voice,
Big money make no sound."
The world is watching Olympics (medal count: China 18, US 18,
France 9; both Greece and Spain borrowed 3 from the ECB), but
that certainly doesn't stop "big money" flowing into U.S. real
estate from overseas. In the second quarter, per Jones Lang
LaSalle in its most recent Global Capital Flows Report, global
transactional volumes rose to $108 billion in Q2 2012, up 24%
from the 1st quarter. The Americas posted the most activity,
contributing $47 billion to the second quarter’s overall
total. New York, San Francisco, and Washington, D.C.
continued to top the list of U.S. cities most targeted by
foreign investors, followed by volumes of "cross-border
purchases" purchases in Los Angeles, Chicago, Miami,
Minneapolis, and Phoenix. “Core U.S. real estate
throughout primary and many secondary cities remained very
attractive to both domestic and foreign investors, based on
absolute initial yields on offer, and their spread over
record-low Treasury rates,” said Josh Gelormini, VP of
Americas Research, Jones Lang LaSalle. “The U.S. is also
benefitting from a safe haven strategy, as other global
markets appear on shakier ground, particularly given the
ongoing Eurozone crisis.”
Some firms are continuing to expand and look for talent. Mountain
West Financial is seeking a VP of Compliance to manage
all compliance and Quality Assurance for both Retail and
Wholesale operations. The position is in the Redlands, CA,
headquarters. Mountain West is a GNMA, FNMA, and FHLMC Direct
Seller/Servicer presently retaining a majority of current
production. It is an industry leader in Affordable Housing
Solutions, and will fund well over $1 billion this year. For
more information on the company, visit www.mwfinc.com
and to submit your resume, email HR@mwfinc.com.
Yesterday
the commentary made an observation regarding the type of
borrower currently refinancing, and I received this note from
Jerry S. with Signature Homes Group. “It is so true
that most of the recent refinance activity is from the same
people who refinanced last year. Unwilling spectators to this
now 2nd wave of refinancing are the HARP-ready post June 1,
2009, crowd. For no other reason than a ‘HARP Redlined’ prior
closing date (a particularly cruel ‘overlay' and the logic of
which lacks relevance now) they sit idly by while their
neighbors refinance multiple times. True the
multi-refinancers have equity, though there is a huge pool of
HARP-ready post 6-1-9ers that would now enjoy huge savings in
today's market as many of them are sitting on the 4.75%-5.25%
loans that were prevalent during the third quarter of 2009.
If only they'd closed a little sooner...”
After
ruminating on the issue for several months, the Federal
Housing Finance Agency (FHFA) gave Congress and the Treasury
“the Heisman” (think arm outstretched warding off an opponent)
and announced that Fannie Mae and Freddie Mac will not
lower the amount some homeowners owe on their mortgages.
The FHFA said its analysis found that principal reduction does
not prevent foreclosures while saving taxpayers money. "FHFA
has concluded that the anticipated benefits do not outweigh
the costs and risks," said Edward DeMarco, the agency's acting
director. Here is the FHFA’s letter: http://www.fhfa.gov/webfiles/24113/PFStatement73112.pdf.
But
the saga continued with Treasury Secretary Tim Geithner
sending, publicly, an eight-page letter to DeMarco urging him
to change his mind. In it, Geithner argued that allowing
principal reduction would ultimately save taxpayers as much as
$1 billion. "I do not believe it is the best decision for the
country," Geithner wrote. "You have the power to help more
struggling homeowners and help heal the remaining damage from
the housing crisis." Here is Geithner’s letter: http://www.treasury.gov/connect/blog/Documents/letter.to.demarco.pdf.
What
does this mean for Joe LO? At this point the HAMP news doesn’t
mean much. The Obama administration sweetened the pot earlier
this year by offering Fannie and Freddie incentive payments of
up to 63 cents per dollar of principal forgiven, but to no
avail. Fannie and Freddie are under constant pressure due to
past losses, a good portion of which occurred (arguably) due
to HUD and other government pressure to back loans to
borrowers who wouldn’t have qualified under traditional agency
guidelines. In fact, DeMarco said that his prime directive is
to minimize taxpayer bailouts of Fannie and Freddie, which
have already received more than $188 billion. Reducing
principal would likely increase that amount because it would
lock in losses on their portfolios. DeMarco said that
principal reduction would only help a maximum of 248,000
homeowners, very few given the time and money developing and
implementing such a program, and that principal forgiveness
could prompt many borrowers who are current with their
payments to fall behind. Why would an investor buy, at a reasonable price, a
pool of mortgages that had the possibility of having its
principal reduced?
Freddie’s
announcement boiled down to it opening up refinance
opportunities to borrowers who are not underwater on their
existing Freddie Mac mortgages. Under the company's Relief
Refinance Mortgage Program which includes the Home Affordable
Refinance Program (HARP 2.0) the requirements for refinancing
mortgages with loan-to-value ratios at or under 80% will be
brought in line with those with LTVs over 80%, the target
audience for HARP 2.0 loans. This is much more in line with
Fannie’s program, although details won’t be available until
mid-September and go into effect in January.
The alignment will involve eliminating many of the
representation and warranty requirements that exist on the
mortgages being refinanced. It is hoped this will act as
an incentive to lenders to promote the loans. Freddie
Mac said it is further evaluating the Relief Refinance
program, specifically looking at the Open Access offering to
determine the best way to reach eligible borrowers and assist
lenders in managing capacity. Open Access is designed to
promote competition so that borrowers can obtain Relief
Refinance Mortgages including HARP 2.0 from lenders other the
one associated with their existing servicer. Open Access is
the cross-servicer streamline refinancing program within
Freddie Mac's HARP streamline refinancing offering.
Investors
are keenly interested in this, as you can imagine. The
proposed HARP 2.0 changes by Freddie could boost pre-HARP
prepayment speeds. And no one wants to pay 105 for a loan
and then have it pay off at 100. The changes will most
likely involve some form of easing of cross-servicer reps and
warranty requirements, potentially bringing them in line with
those for same servicer. The same-servicer Relief Refinance
program eliminates most rep and warranties for same servicer
refi’s of loans with LTV’s greater than 80%, but originators
point out there are three key hurdles to cross servicer HARP
refi’s: 1) different rep and warranties from same servicer
refi’s, 2) capacity constraints and 3) slightly adverse
economics for such refi’s. Whereas the latter two will remain
unchanged, making reps and warranties similar should still
result in an increase in cross servicer refi’s, impacting
investor’s appetites for pools.
In
addition, Freddie Mac also announced that it would align
requirements for less than 80% LTV loans with those for
greater than 80% LTV loans. This would include aligning rep
and warranty guidelines, a notable change given that
greater-than-80% LTV refi’s currently enjoy significant rep
and warranty waivers. Additionally, it is also likely that the
LLPA (loan level price adjustment) caps that currently exist
for higher LTV loans will be extended to less than 80% LTV
loans. But perhaps it is much ado about nothing - Fannie Mae
already has uniform rep and warranty waiver guidelines across
LTV’s, and analysts have not seen much difference in
prepayment speeds between Freddie and Fannie pre-HARP less
than 80% LTV loans. Most of the HARP 2.0 refi’s have been in
the very high LTV range.
Other
things for originators to watch for is that in September the
FHFA intends to release new standards requiring greater
scrutiny of performing loans near the time of origination,
thereby removing the risk of repurchasing the loan later. That
would be a big plus. But on the minus side, and as noted
earlier this week in this commentary, by the end of this
another set of "gradual" adjustments in g-fee pricing will
probably be announced for later this year. This was expected
as part of the directive from Congress to FHFA to continue
raising g-fees to a point that eventually brings in private
capital.
This
point bears repeating. According to the FHFA, GSE
guarantee-fee pricing is not reflective of what could be
expected in a competitive private market. In the FHFA's view,
the risk in various types of collateral is also not reflected
in pricing, resulting in significant cross-subsidization. To
rectify the mispricing, the FHFA proposed to raise
overall, as well as collateral-specific, g-fees in a phased
manner. But we all remember the Congressionally-mandated
10 basis point g-fee hike implemented in March this year (to
fund a temporary payroll tax cut). It may have thrown the
FHFA's proposed hikes somewhat off schedule but now the hikes
seem to be back on track. Given that mortgage rates are at
all-time lows and the increase is likely to be phased in,
investors think that the immediate effect on prepayments is
unlikely to be significant.
These
costs,
of course, will be passed on to new borrowers.
Borrowers in lower coupons are understandably likely to be
more affected by this incremental rate hurdle. Additionally,
credit impaired borrowers (high LTV, low FICO etc.) are likely
to see larger hikes relative to cleaner credit borrowers.
FHFA's earlier analysis showed that these borrowers were being
significantly cross-subsidized. Originators are likely to ramp
up loan closings before the fee hike. Thank goodness for the
low rates that help hide these price hits.
Buybacks,
in the past and in the future, continue to plague the
industry. What is nearly as bad is the uncertainty surrounding
the criteria agencies, and aggregators, use in asking loans to
be bought back. Everywhere I go in the nation I hear stories
of ridiculous minutiae triggering buyback requests, and
lenders say that potential buyback risks are one of the key
hurdles to more lending. Clearer rep and warranty
guidelines are one component of the revised underwriting
platform that FHFA has proposed. The existing process
evaluates loans for putbacks once they have turned
delinquent. The proposed standard increases scrutiny of loans
at origination to detect defects. Subsequently, loans that
perform successfully for some period of time will be safe from
putbacks, but for very limited reasons. This would be
beneficial to lenders.
There’s
hardly enough room left to talk about the markets! Yesterday’s
spate
of economic news was a mixed bag, and resulted in not much
of a change in mortgage rates. Personal income increased
0.5% in June as Personal consumption expenditures (PCE)
decreased less than 0.1%. The S&P/Case-Shiller, with its
two-month lag, showed that home prices continued to rise in
May with average home prices increasing by 2.2% in May over
April for both the 10- and 20-City Composites. The Employment
Cost Index increased 0.5% during the 2nd quarter,
and the Conference Board’s Consumer Confidence Index increased
slightly after four straight months of declines. "Despite this
month's improvement in confidence, the overall Index remains
at historically low levels.” By the time the dust settled,
10-yr notes closed nearly unchanged at 1.49% and agency MBS
prices were better by about .125. Thomson Reuters reported
that “mortgage banker supply was less than $1.5 billion which
is barely enough to cover the Fed's appetite of a $1.3 billion
per day average.”
Today
we’ve already seen the weekly MBA applications index (+.2%
last week with refi’s hitting their highest level since April
2009 at 81%; adjustable rate mortgages are down to 4.1%), and
the ADP private payrolls number (ADP reported +163k workers,
stronger than expected but of questionable predictive ability
for Friday’s number). Later we will have the Treasury’s
announcement of next week’s 3, 10, and 30-yr auctions, and an
ISM Manufacturing number, but more importantly will be the
FOMC's policy statement at 2:15PM EST. The consensus is that
it will be at the September meeting in which QE3 (with MBS
purchases) will be announced and that this meeting’s statement
won’t result in any earth-shaking news. (The stock market may
not like that very much.) Early on the 10-yr is nearly
unchanged at 1.49% and MBS prices are worse by about .125.
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 FinCen, SAR’s, and the impact
on mortgage lenders. 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.