Oct. 12, 2012: Eminent domain still out there; Wells & Chase earnings; investor & agency updates continue; college football humor
Rob Chrisman
The
2010 Census showed that people who reported multiple races
grew by a larger percentage than those reporting a single
race. (Speaking of "single race," we can't forget Long
Duk Dong: http://www.youtube.com/watch?vtktNZpUTMoQ.)
According
to the 2010 Census, the population reporting multiple races
(9.0 million) grew by 32% from 2000 to 2010, compared with
those who reported a single race, which grew by 9.2%.
(Overall, the total U.S. population increased by 9.7 percent
since 2000, however, many multiple-race groups increased by 50
percent or more.) Multiple-race data examines specific
combinations, such as white and black, white and Asian, or
black and Asian. (I don’t think “mortgage banker Realtor” or
“Realtor appraiser” was in there, but I know some top-notch
couples that fit that bill.)
What are "the big guys" watching? Eminent domain seemed to
be on the back burner, but the consideration of it is alive
and well in Southern California. An article has appeared
in favor of it
(http://www.sbsun.com/pointofview/ci_21740193/housing-crisis-eminent-domain-and-public-interest)
but in a recent meeting the presidents of First Mortgage and
Mountain West Financial (Clem Ziroli, Jr. and Mike Douglas,
respectively, both spoke during public comment at a meeting of
the controversial Joint Powers Authority created by San
Bernardino County, Ontario and Fontana. The California
Mortgage Bankers Association has done its part to point out
the potential damage, and for a refresher on the topic you can
watch this You Tube clip: http://www.youtube.com/watch?vcERNw_efx-E.
Besides
eminent domain, there are lawsuits to watch. So besides Basel
III, and the CFPB's QM/QRM waiting game, how about Flagstar
Bancorp being one of the first to go before a judge over
allegations of misrepresenting loans that got
commingled in mortgage-backed securities. The case is being
watched by Wall Street's largest firms because its outcome
could affect litigation they are facing: http://www.reuters.com/article/2012/10/09/us-flagstar-assured-trial-idUSBRE8981DO20121009.
JPMorgan
Chase
(the #2 lender in the second quarter by volume across all
channels, although it’s volume was 1/3 that of Wells Fargo’s)
reported a record profit for the 3rd quarter. The
bank said it made $5.7 billion in the July-to-September
period, shooting up 34% from the same period a year ago.
Earnings were $1.40 per share, far exceeding the $1.21
predicted, and revenue rose 6 percent to $25.1 billion,
beating expectations of $24.4 billion. Earnings were helped
because the bank set aside less money for bad loans. It set
aside $1.8 billion for potential loan losses, down 26 percent
from $2.4 billion a year ago.
We
also had Wells Fargo’s numbers: Revenue was $21.2 billion, a
shade lower than expected, although earnings per share were a
penny better. Wells had more mortgage originations in the
2nd quarter than Chase, U.S. Bank Home Mortgage,
BofA, Citi, Quicken, and PHH combined, per National
Mortgage News numbers, and has had 11 straight quarters of net
income gains.
But
while we’re on Wells, Wednesday the commentary mentioned the
bank’s role or position in subprime lending, and not going too
far down the credit curve. Several folks wrote with some slaps
on the wrist. “I love the defense of Wells Fargo – what a
joke! Wells had one of the largest sub-prime departments.
I personally know LOs with Wells that were told to put FHA
borrowers into sub-prime product rather than FHA. (What I
don't understand the government’s suit against Wells is that
it is regarding loans done from 2002-2004, but the real hard
core sub-prime came from 2004-2007 - as far as I can
recollect, FHA never had a stated income loan. Remember the
old saying, ‘you sleep with dogs, you wake up with fleas.’"
And,
“Wells prides itself on not falling too far down the credit
curve? This is not true. They hired me to work under Norwest
Mortgage, which they owned. It was so intertwined that we
worked in the same building alongside the same loan officers
and underwriters of Wells Fargo. In fact, I left because their
sub-prime rates were higher (I recall about 1% in rate higher)
than other wholesale options. They allowed us to broker out
only if there was a compelling reason. And ‘found a lower
rate elsewhere’ was not a valid reason to use that channel.”
And,
“My guess is that Wells consistently concentrated their best
pricing on conforming. Still, we wrote most condo loans
through Wells because they didn't require condo docs!”
And
lastly, “The sad part of this mess is that those that created
and propagated the mess just keep on going. That is too big
to fail. As ‘criminal’ as Wells might be (along with all the
others), we need them to keep housing moving. You know
the game is rigged, but you have to keep playing as there is
no other game available.”
And an opinion on the H&R Block bank news, "In my
opinion the loss of H & R Block bank is no loss. Many
believe that H&R pushes very expensive loans to lower
income tax payers via offering to ‘give’ them their refund
immediately and the tax payer signs over the rights to the
refund from IRS. What most don't realize is there is a 30% or
higher interest charge for that 4-6 week loan. If they are
leaving due to Frank/Dodd, then this is the first positive
thing I have seen from Frank/Dodd."
How about some relatively recent news from agencies,
investors, and vendors? These will give you a sense of
recent trends, but for full details read the actual bulletin.
In the wake of Hurricane Isaac, FEMA announced on
September 21st that disaster aid has been made available in
the state of Alabama in Baldwin, Mobile, and Pickens counties.
In response to the “current housing market conditions,” the FHA
has put in place temporary guidelines on condo project
approval. Changes have been made to the definition of
“under construction,” owner-occupant principal residence
purchase requirements, the percentage of units that may be
owned by a developer, mixed-use developments, investor
ownership, delinquent HOA dues, insurance requirements,
project certification, and pre-sale requirements. See the
official Mortgagee Letter (http://portal.hud.gov/hudportal/documents/huddoc?id-18ml.pdf)
for full details of the temporary guidelines.
HUD reminds lenders that the deadline for receiving extra
credit on their FY2012 Servicer Performance Scorecards is
October 31st.
Freddie Mac has updated its delivery software to
provide feedback on loans through selling system purchase
edits and messages pertaining to the Uniform Loan Delivery
Dataset requirements. Credit policy and delivery requirements
remain the same; the changes affect only the feedback sellers
receive on their loans. For complete details of the changes,
see the “Selling System Tips for Resolving Delivery Edits” job
aid (http://freddiemac.sparklist.com/t/419752/4682831/5146/26/).
The Workout Prospector system has also been updated so that
certain fields no longer auto-populate. Servicers are
reminded that they can use their proprietary or third party
system to evaluate borrowers for foreclosure alternatives so
long as the final terms of the workout agreement align with
the results produced by Workout Prospector.
There have been recent reports of Freddie sellers and
servicers receiving invoices from FMFM-Agency or
Fannie/Freddie Regulatory agency billing them for “DO/LP
Agency Access Fees” and “Correspondent Agency Lender Access
Fees.” These are not Freddie-generated and should be reported
to the Financial Fraud Investigation Unit at mortgage_fraud_reporting@freddiemac.com.
Fannie Mae has issued clarifications on its hazard
insurance coverage policy, the updates to which were
originally announced back in August. The changes will affect
borrower-paid property insurance and lender-placed property
insurance for Conventional first-lien loans, Conventional
second-lien loans for which Fannie either had an ownership in
the first-lien mortgage or paid off the first-lien mortgage in
connection with the second-lien loan’s foreclosure, FHA or VA
mortgage loans that aren’t conveyable to the insurer or
guarantor, and RD-guaranteed loans serviced under the special
servicing option. Guidance has been clarified to state that,
for loans where the foreclosure sale is held on or after
October 1st, servicers must cancel hazard insurance coverage
within 14 days after the property has been inspected and
confirmed to be vacant by a Fannie-designated broker, agent,
or property management company.
US Bank reminded clients that appraisal fees will be
increasing as of October 7th. Properties valued at less than
$1,000,000 will incur a Set Fee, while properties valued at
more than $1,000,000 will incur a Quote Fee, which will
display as $1.00 on the online Appraisal Ordering System.
Fifth Third will be implementing the HARP enhancements
announced by Freddie and Fannie earlier this month, which will
relax various appraisal requirements for HASP Open Access and
DU Refi Plus loans. The minimum appraisal requirements still
apply, and all appraisal reports must still be in color, be
completed on at least the minimum required form by AUS,
include an “as is” value, and produce a Submission Summary
Report that confirms successful submission to the Uniform
Collateral Data Portal. Appraisals completed by companies on
the Exclusionary list will not be accepted.
GMAC has updated its Jumbo tradeline requirements such
that all loans require a credit score based on either a
minimum of three active tradelines, each rated and paid
satisfactorily for at least 12 months or a minimum 24-month
credit history. The tradeline requirements apply to borrowers
whose income is being used to qualify for the loan, and it
should be noted that authorized user accounts may not be used
to satisfy tradeline requirements. Active tradelines are
defined by the date of the last account activity within a year
of the current date and may be open or closed accounts. These
guideline changes apply to all new locks dated September 28th
or after.
Mountain West Financial now requires that, for loans
submitted with lender-paid compensation, all of the borrowers
party to the transaction must be presented with an
Anti-Steering Loan Options Disclosure. Disclosures should be
completed and given to the borrowers as soon as possible, as
MWF requires borrowers to sign and date the form at least one
day before closing, and the disclosures will be subject to
review when the MWF Initial Disclosure package is issued.
This affects loans submitted on or after September 24, 2012.
Mortgage Broker and Loan Officer Compensation Disclosures must
be completed, signed, and included in packages submitted to
MWF as well.
Thursday
the U.S. markets started off digesting news of the S&P
downgrade of Spain and while this was somewhat unexpected it
doesn’t seem like markets care all that much. And it once
again raises the question, “Does a rating change move the
market, or is a rating change merely a reflection of what the
market already knows?” When our markets opened, we found out
that Weekly Initial Jobless Claims fell to the lowest level in
four and a half years (and comes after last Friday's data that
showed the Unemployment Rate dropped to its lowest level since
January of 2009.) This is encouraging news from labor front.
And RealtyTrac reported that foreclosure activity declined to
a five-year low in September falling 7% from August and 16%
from the same period last year. Is housing improving, or are
there other reasons? Nothing goes up, or down, forever, and
(just like at some point rates will slide higher, just not in
the near future), the pace of foreclosures was unsustainable.
So
agency MBS prices improved by about .125 by the end of the day
Thursday, and the 10-yr T-note closed at 1.67%. And with the
Fed buying $4 billion a day, why shouldn’t mortgage prices do
well – but how much shows up on rate sheets?
Today,
besides the Wells Fargo and Chase earnings noted above, we’ve
had the Producer Price Index for September. It was expected to
drop from last month’s +1.7% to +.7%, but came out +1.1% but
the core rate (with no food or energy included for folks that
don’t eat or go anywhere) it was unchanged. The market is
virtually unchanged from Thursday’s close on a nice autumn
Friday.
College football is tomorrow, and here's an entertaining 3
minute clip on some of the stars of the game – a must for any
fan: http://www.youtube.com/watch?vgODZzSOelss.
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 looming fiscal cliff brought on
by Washington DC. 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.