In
this business, you can never have too much Dodd Frank, can you?
The House Financial Services Committee has unveiled the Dodd-Frank Burden Tracker,
an online resource to help the public keep track of all the new
government rules and red tape required by the Dodd-Frank Act.
The Dodd-Frank Act mandates that government regulators write
more than 400 new rules and requirements that will be imposed on
the private sector. Since the law was passed by Congress and
signed by the President Obama in July 2010, the Tracker reveals
that regulators have written only 185 of the 400 rules, these
185 rules consume 5,320 pages, and it will take private sector
job-creators 24,035,801 hours every year to comply with these
first 185 Dodd-Frank rules: http://financialservices.house.gov/UploadedFiles/Dodd-Frank_PRA_Spreadsheet_4-16-2012_banner.pdf.
We
did receive an extension/clarification of the Volcker Rule, part
of Dodd Frank. Anyone hedging borrower rate locks breathed a
sigh of relief when the Federal Reserve clarified that U.S. banks will have at
least until July 21, 2014 to ease into the Volcker rule's
trading and investing crackdown. The Fed also said it has
the ability to extend the compliance period for the
yet-to-be-finalized rule beyond that date if needed. The Volcker
Rule bans banks from trading with their own funds and greatly
limits their ability to invest in hedge and private equity
funds. It seeks to limit risk-taking by banks that have
government backstops like federal deposit insurance. Some of
that sounds okay, but it also eliminates banks’ ability to use
MBS’s and other instruments to hedge their locked residential
pipelines – and does that really help borrowers and the public?
Several
weeks
ago the commentary mentioned an SEC case brought against Tony
Nocella and Russell McCann, associated with Franklin Bank (Louis
Ranieri's failed institution), and I have been asked several
times since then for information on the case. Here it is: http://www.sec.gov/litigation/litreleases/2012/lr22321.htm.
And while we’re on bank closures, if the lack of them in 2012
compared to the past few previous years is any indication that
things are improving in the U.S., then things are improving in
the U.S. We had one Friday (Fort Lee Federal Savings Bank in New
Jersey, was closed, and through the FDIC Alma Bank (NY) assumed
its deposits), but the pace has dropped off considerably.
(By
the way, earlier this month Regions Financial
repaid all of its $3.5 billion in TARP, increasing the profit
made on the bank portion of the program to $18 billion. Synovus was then the
bank with the largest TARP outstanding at $967 million, followed
by Zions at $700
million.)
What
do mortgage banks have to pay on their debt? If your Texas’ Nationstar Mortgage
(Nationstar Capital, part of Fortress Financial), 9.625%.
The company, which is servicing 645,000 mortgages for $107
billion, announced the pricing of $275,000,000 aggregate
principal amount of privately placed senior notes due in 2019:
an offering price of 100% and carrying a coupon of 9.625% per
annum, payable semi-annually in arrears, beginning November 1,
2012. The Notes will be unsecured and will be guaranteed on a
senior basis by certain of the Company's wholly-owned
subsidiaries. Nationstar “will use the net proceeds from this
offering for general corporate purposes, which may include
future acquisitions and transfers of servicing portfolios and/or
related businesses from third parties.”
How
‘bout some recent educational reader letters? On the drop in
foreclosures,
Jamie from First American wrote, "One reason for the decrease in
foreclosure filings---at least in NV---is due to assembly bill
284. Banks can no longer file NOD's unless they possess the
ORIGINAL note. Clark County (Las Vegas) went from filing over
3,000 NOD's in September to only 60 in October. Last report
pulled showed less than 4,800 in inventory. We'll be dried up by
June/July. It's made even more of a mess of our great city."
On
the differences between Freddie & Fannie on HARP
underwriting,
another wrote, "The comments you shared from the LO in North
Carolina, regarding the HARP 2 differences between Fannie and
Freddie a while back rang all too true. I took an application
for a borrower with a LTV of 105%. His mid-score is 725, his DTI
is 40, he has owned the home for 3 years, and is at 6.50%. We
are lowering his payment by $280. The loan is owned by Freddie
Mac. He has never been late on a payment. He was declined
(Approve/Caution finding). The reason: high credit card
balances. You see, the borrower made a tactical error last year
(though, in his mind an all-too-sensible one) by consolidating
his credit card balances to two low-interest cards, pretty much
maxing them out. He then closed out all of his other accounts
(and I can see the wincing already). He thought it reflected a
‘responsible’ approach by limiting his exposure to greater debt.
While I understand the issue his actions created, isn’t this
program supposed to help existing borrowers and reward them for
their timely payments? I have zero doubt that if this was a
Fannie loan, he would have been approved. Frustrated was just
one of the words shared by the borrower (with some other
non-printable ones thrown in as well)."
Regarding
REO,
one person “in the know” wrote, "Most of the Fannie properties
are sold in a closed auction setting and the bidders are
professional. No bidder is going to let another bidder buy the
properties for pennies. Most of them go for a fair market value
based on location and condition many have been vacant for over
100 days and are in poor or tear down condition. Maybe they are
getting them for pennies on the Sales Price from 5 years ago.
Another factor that is often not considered is the ugly title
baggage in unpaid liens, utilities, HOA and municipal fines that
are key in many of the property offerings. Don't believe
everything you hear."
The mortgage industry
sure loves a good convention, training session, or webinar,
and many are coming up. Up in New Jersey, the MBA-NJ
Webinar Series Presents, “How the CFPB's Enforcement will change
the Face of Lending.” “The fundamental shift in compliance
directed by the CFPB will require changes in every-day
compliance, staffing, training, monitoring and in all manners in
the way lenders do business and think about business. In this
webinar, we will discuss the upcoming changes and what lenders
will need to do to adapt to the new environment that is quickly
emerging as a result of this new federal agency.” It is
Wednesday, April 25, from 12-1PM, $65.50 for members, and $95.50
for non-members. (Apparently that 50 cent is critical in pricing
strategy – like gas stations.) Sign up here: http://www.mbanj.com/.
The
FHA and HUD are putting on a number of conferences and events
over the next couple of months, including the ongoing FHA Basic
Loss Mitigation training. These seminars are designed for
HUD-approved housing counseling agencies, local servicing
lenders, and non-profits and will take place in Columbia, SC
(May 10th); Atlanta, GA (May 11th); and Jacksonville, FL (May
23rd). See https://eclass.hudtulsa.org/
to register.
The Underwriting the FHA Appraisal webinar will take place on
April 25th and will cover HUD appraisal protocol and how to
underwrite Fannie appraisal forms. You can register at http://www.visualwebcaster.com/FHA/86050/reg.html.
Also taking place on April 25th is the NSC’s Servicer
Performance Scorecard webinar, which provides an overview of
scoring elements, calculation methodologies and the like.
Register at https://www1.gotomeeting.com/register/245737929.
The National Fair Lending Training Program is putting on an
event in New York, NY on April 27th that will cover how to
identify lending violations and strengthen clients’ negotiating
position with a lender or servicer. More information is
available at http://nationalfairhousing.org/tabid/4177/Default.aspx.
HUD is sponsoring the Veterans Symposium on Housing Resources
for Vets, which will take place in New York on May 1st. The aim
is to educate real estate professionals on the housing resources
available to veterans as well as the challenges they currently
face. For more information and to register, see http://www.hud.gov/emarc/index.cfm?fuseactionemar.registerEvent&eventId46&updateN.
A
webinar on 203(k) consulting training is available to both new
and experienced consultants. It will be held on May 1st; those
interested can register at http://www.hud.gov/emarc/index.cfm?fuseactionemar.registerEvent&eventId41&updateN.
The NeighborWorks Training Institute will be holding a
conference in New Orleans from May 7-11 that will feature over a
hundred training courses in different areas. Registration is
available at https://trainingevents.nw.org/OnlineReg/Login/Login.aspx?ReturnUrl/onlinereg/Default.aspx.
Neighborworks
will
also be offering foreclosure counseling training in Seattle, WA
from May 21-25. The training, consisting of nine separate
courses, is designed for regional practitioners who are
interested in expanding their foreclosure prevention counseling
capacity. Scholarships are available! More information can be
found at http://training.nw5.org/schol_event?eventI0.
The National Reserve Mortgage Lenders Association Western
Regional Meeting will take place from May 16-17 in Irvine, CA.
Discussion topics include policy, best practices and marketing.
See http://www.nrmlaonline.org/.
Only a few seats remain for the mortgage insight conference on
April 26 in Sacramento. You can meet me and a great panel
including Sue Woodard of mortgage market guide, Dave Battany
with PMAC and Phil Rasori of MCT trading. This panel will focus
their comments and opinions directly at the future of mortgage
origination and all the changes and opportunities. The
conference includes lunch and runs from 1-4PM - for more info www.insightconference.net.
In
a trend that I am seeing
with many groups around the nation, which is (basically)
mortgage brokers, mortgage “professionals,” and mortgage
bankers joining together for conferences, the Maryland
Association of Mortgage Professionals “will again co-sponsor
the Northeast Conference of Mortgage Brokers taking place in
October in New Jersey.” More information can be found at http://events.r20.constantcontact.com/register/event?oeidka07e5sw88yy62433baf&llrngb5z8dab.
Enough
education – how about this market? One trader reported on Friday
that “Flows were incredibly light (a slight selling bias in 10s)
in what amounted to one of the quietest days of the year.” By
the end of the day the 10-yr was sitting at a yield of 1.97%.
Wells Fargo’s economic group wrote, “This week of economic
releases painted a somewhat mixed picture, but the underlying
trend still reflects an economy that is growing at a modest
pace. The milder-than-usual winter likely brought some activity
forward and below-consensus readings are due in part to payback.
Housing starts, existing home sales and industrial production
all posted disappointing readings in March that are likely not
indicative of the underlying trend. Headline retail sales,
however, came in more than double the consensus estimate in
March, ending the first quarter on a positive note.”
So
here we are, another week, another set of economic news. There
is nothing slated for the U.S. today, but tomorrow we kick in
with the Case-Shiller 20-city Index (which I think last rose
during the Eisenhower Administration), Consumer Confidence, New
Home Sales, and another housing price index (FHFA's). Wednesday
is the volatile Durable Goods number. Thursday is Jobless Claims
and Pending Home Sales; Friday is GDP, a University of Michigan
consumer sentiment number, and the Employment Cost Index. Early
on, equity futures
are pointing lower this morning, the 10-yr is down to 1.92%,
and MBS prices are better by .125-.250.
(Parental discretion advised.)
The
Jewish Taxi Driver:
A drunk woman, stark naked, jumped into a taxi in New York City.
The taxi driver, who happened to be an old Jewish man, opened
his eyes wide and stared at the woman. He made no attempt to
start the cab.
She said to him, "What's wrong with you, honey? Haven't you ever
seen a naked woman before?"
The old man said "Lady, I'm not staring at you, I am telling
you, det vould not be proper vair I come from".
She said, "Well, if you're not staring at my boobs sweetie, what
are you doing then?"
He said, "Vell, I am looking and I'm looking, and I am tinking
to myself, 'vair in da hell is dis lady keeping de money to pay
for dis ride?'"
If
you're interested, visit my twice-a-month blog at the STRATMOR
Group web site located at