Jun. 10, 2012: Training, M&A news in our business; but mostly lender, agency, and investor updates
Rob Chrisman
I
wish that I had a higher opinion of people who seem to be famous
for being famous. Because I don’t. I mention this, not because
Snooki is back in the news, but because I had to look twice at
the "Kim Kardashian gives Kanye West Lamborghini For Birthday"
headline: $750,000. Seven hundred and fifty thousand dollars?!
But we have something they don't, like the knowledge of the
difference between a 4506 and a W9, what "DTI" stands for, and
the differences between HARP and HARP 2. There is sure a lot going
on with investors, MI companies, the agencies, lenders,
mergers, and available training sessions. As always, it is
best for you to read the actual bulletin for specifics because I
sure don’t, but this should give you a sense of how the general
market is moving. So with no rhyme or reason:
Turning to California for a little training news, the California Mortgage
Bankers Association (CMBA) is teaming up with attorneys
Ari Karen and William Heyman at Offit Kurman to provide industry
pros with a webinar
Tuesday (June 12) focused on the new anti-money laundering
rules from FinCEN that will take effect August 13th.
Register for the one-hour webinar, which is free to members of
the CMBA ($35 for non-members), by clicking here: http://www.cmba.com/new/brochures/AMLWebinarReg.pdf.
This webinar will explain everything you need to know about AML,
and will provide the essentials to understand, prepare, and
implement required procedures.
Anyone
with a warehouse line with ViewPoint
heard the news that, “the Registrant’s subsidiary bank,
ViewPoint Bank, N.A. (the “Bank”) and the Bank’s wholly-owned
subsidiary, ViewPoint Bankers Mortgage, Inc. (“VPBM”), entered
into a definitive agreement (the “Agreement”) with Highlands
Residential Mortgage, Ltd. (“HRM”) to sell substantially all of
the assets of VPBM to HRM, subject to certain closing
conditions. The terms of the Agreement provide for HRM to,
subject to certain conditions contained in the Agreement, (i)
purchase VPBM’s loan pipeline and all of VPBM’s existing
construction loan portfolio, together with certain furniture,
fixtures and equipment, (ii) assume substantially all of VPBM’s
loan production office leases and its equipment leases, (iii)
hire no less than 95% of the current VPBM employees and
satisfactorily release VPBM from certain employment contracts,
and (iv) make additional earn out payments to VPBM.” There are
other details, but per a senior manager within the warehouse
group, "The Warehouse
group continues to remain a strong position within VPB."
Upon
noticing
an increase in errors when submitting documentation, US Bank has issued a
reminder about Note and Truth in Lending requirements. Note
errors such as listing an incorrect change date or margin, using
the wrong index, and discrepancies between the late fee on the
Note and the late fee in the documentation all decrease a loan’s
chances of being eligible for purchase. Putting down the wrong
late fee can result in a Fair Lending violation. Common Truth
in Lending mistakes to avoid include incorrect Note,
disbursement, and one month prior to payment dates for ARM
programs where the first change occurs after 60 months; using
the wrong change date in the “Maximum Ever” column; incorrect
margins; and inaccurate mortgage insurance or escrows.
Following the announcement that MERS registry would
require the ORG ID as of June 4th, Flagstar will be
using the Originating ORG ID Exception for transactions where it
is generating the MIN number and the originator closes in their
own name. Flagstar will continue this practice until July 5,
2012, by which time all clients should have provided their ORG
IDs by emailing their confirmation and Flagstar Bank Lender ID
to brokerdelegatee@flagstar.com.
Flagstar reminds clients that it will not purchase FHA loans
from DE Delegated Correspondents if the escrow balance was
deducted from the principal balance on the payoff statement
and/or listed in the 100 or 200 sections of the HUD-1 Settlement
statement as a credit. This applies to FHA loans that closed on
or after May 1, 2012.
West coast wholesaler Pinnacle
has rolled out its 30-year fixed rate VA Jumbo loans, which are
available for amounts less than $1 million for purchase and
cash-out refinances. The down payment must be at least 25% of
the purchase price or Notification of Value, whichever is less,
and borrowers must have a minimum credit score of 660, no
bankruptcies or foreclosures within the past seven years, and no
housing lates in the past 12 months in order to qualify. A
number of topics in the PCM Guidelines have been clarified and
updated, including the sections on conforming and conforming
high balance loans, enhanced DU Refi Plus loans, HomePath loans,
Good Neighbor Next Door guidance, Pinnacle Plus products, the
condo-PUD matrix and questionnaire, and the PCM Mortgage
Clause. The sections on FHA, VA, and USDA loans have also been
updated.
Equity
Bancshares
($600mm, KS) will double its asset size and buy First Community Bank of
Lee's Summit ($637mm, MO) for an undisclosed sum. And Peoples Bancorp
($1.8B, OH) will buy First
Federal Savings Bank ($48mm, WV) for $9.8mm in cash.
Chemical Bank has
agreed to purchase 21 branches from Independent Bank in
northeast Michigan and Battle Creek. The deal will comprise
about $420 million in customer deposits and $40 million in
loans, and Chemical Bank plans to pay a deposit premium of 2.93%
of deposits and acquire the loans at a 1.75% discount. The
one-time transaction costs are currently estimated at around
$2.3 million, and the deal represents investment bank Keefe,
Bruyette & Woods’s 95th thrift or bank transaction in the US
since 2009.
Trustmark Corporation and
BancTrust Financial Group, Inc. have signed a merger of
BancTrust’s 49 Alabama and Florida offices into Trustmark. The
deal will comprise $1.3 billion in loans, $1.8 billion in
deposits, and $55.4 million in common stock. The transaction,
another one by KBW, is expected to close in late 2012.
Berkshire Hills Bancorp,
Inc. and Beacon Federal Bancorp, Inc. have signed a
definitive merger agreement that Berkshire will acquire Beacon
for approximately $132 million. East Syracuse-based Beacon
comprises seven offices with deposits of $677 million, while
Berkshire currently has three offices in the region. Beacon’s
Chelmsford, MA office will serve as Berkshire’s first Eastern
Massachusetts office. Once again KBW acted as the exclusive
financial advisor.
The summer lineup of the FHA’s
Basic Loss Mitigation training for HUD-approved housing
counseling agencies includes Greensboro, NC on June 5th;
Louisville, KY and Chicago, IL on June 14th; Nashville, TN on
June 19th; Memphis, TN and Indianapolis, IN on June 20th; Flint,
MI on June 22nd; and Birmingham, AL on July 24th. The training
will also be available on September 13th in Las Vegas, NV and
September 30th in Phoenix, AZ. Loss mitigation webinars that
focus on different aspects of the foreclosure process will be
held throughout the summer as well.
Additional loss mitigation training is available at the FHA’s
National Servicing Center in Oklahoma City, OK on August 15th
and 16th. (Hope they have air conditioning!) Designed for
HUD-approved housing counselors, nonprofit housing counselors,
and HUD-approved mortgagees, these seminars cover delinquencies,
defaults, mortgage collection activities, and initiating
foreclosure. More information can be found at http://portal.hud.gov/hudportal/HUD?src/program_offices/housing/sfh/nsc/training.
GMACB
(yes, still in the business!) will begin issuing Adverse Action
Notices directly to the applicant(s) on all wholesale and
correspondent loans submitted to GMAC Bank for underwriting and
subsequently denied by GMACB. This action is being taken to
enhance controls related to the notification of adverse action
required per Regulation B.
SunTrust Mortgage,
all a-twitter over its new president, published updated
State-Specific Service Release Premium (SRP) schedules for
lenders to use beginning June 1, 2012.
Same-sex marriage has
been officially recognized by the State of Washington,
which means that any domestic same-sex partnership registered in
Washington in which both partners are under age 62 will be
converted to a legal marriage on June 30, 2012. Partnerships in
which one member is over 62 will continue to be recognized as
domestic partnerships but will have the same privileges,
immunities, rights, benefits, and responsibilities as married
spouses. The VA,
however, does not recognize the statute due to the fact that
it doesn’t meet the federal definition of marriage.
HUD has released a pair
of reports on the impact of its housing counseling for
first-time homeowners, which “significantly improved” the
chances of such borrowers avoiding foreclosure and remaining in
their homes. It was found that 35% of the participants enrolled
in late 2009 and early 2010 purchased homes within 18 months of
pre-purchase counseling and that only one of these buyers fell
behind in their mortgage payments. With a counselor’s advising,
about 70% of the participants found a solution that let them
retain their homes, and 56% cured their defaults to become
current on their loans.
Fannie Mae reminds Uniform Collateral Data Portal users that the
interface and Submission Summary Report for submitting
appraisals were both updated Saturday. Meanwhile, the July 23rd
Uniform Loan Delivery Dataset mandate is approaching. The UMDP
June Monthly Yardstick, accessible at https://www.efanniemae.com/home/index.jsp,
includes tips, testing information, and additional tools to help
with the transition.
Fannie has obtained blanket delegation of authority on behalf of
all United Guaranty
servicers, which means that they can apply Fannie guidelines to
process a preforeclosure sale or deed-in-lieu of foreclosure
without getting separate approval from UG. eFannieMae.com (https://www.efanniemae.com/home/index.jsp)
has a complete list of mortgage insurers from which blanket
delegations of authority have been obtained. There are more than
you think!
Other additions to eFannieMae.com include an interactive video
simulation as part of the WaysHome initiative designed to educate borrowers about
avoiding foreclosure (editor’s note: how about ‘make your
payments’?) , along with an Affordable Foreclosure Alternatives
job aid that provides details on eligibility and the necessary
processes for short sales and deed-in-lieu transactions.
With the implementation of the Uniform Appraisal Dataset and the
UCDP, Freddie Mac,
as of June 15th, is beginning to compare data entered into the
UCDP with the loan delivery data in the selling system. Users
should ensure that the data for loans whose applications were
received on or after December 1, 2011 is consistent with the
appraisal data submitted to the UCDP. Following the July 23rd
ULDD deadline, the Mortgage Submission Schedule (Form 11) and
the Mortgage Submission Voucher (Form 13SF) will both be
retired. (Cake in the lunch room at noon.)
As a reminder, all Fannie and Freddie loans whose applications
are received on or after August 1st and delivered on
or after November 26, 2012 will have to include the two
additional data points required by the SEC’s Rule 15Ga-11.
Wells Fargo Correspondent
has updated its lock offerings to include the new Rate Financed
Extended Lock Option (REFLO), which lets sellers lock an
interest rate for a 120, 180, 270, or 360-day period by paying
an up-front fee and an interest rate adjustment. Conforming
fixed rate and conforming 3/1, 5/1, 7/1, and 10/1 LIBOR ARMs are
all eligible. The 1% fee, a portion of which may be refundable
at the time of purchase, must be paid within five business days
of locking, and the note rate add-on adjuster is applied to the
Best Effort 60-day price that is in effect on the date when the
loan is locked. The Rate Negotiation and Float-to-Current
Options are both available provided that the REFLO lock meets
Wells guidelines; REFLO locks may also be changed within the
product offering and extended for the fee listed on the Wells
rate sheet. The Float Down, Extended Lock, and Rate Cap
programs have all been discontinued.
The 5 toughest questions for men. (Part 1 of 5; guaranteed to
get me into hot water, but I will gladly print the opposing view
if someone sends it to me. I think they’re from Dave Barry.)
1. What are you thinking about?
2. Do you love me?
3. Do I look fat?
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 # 1: What are you thinking about?
The proper answer to this, of course, is: "I'm sorry if I've
been pensive, dear. I was just reflecting on what a warm,
wonderful, thoughtful, caring, intelligent woman you are, and
how lucky I am to have met you."
This response obviously bears no resemblance to the true answer,
which most likely is one of the following:
a. Baseball.
b. Football.
c. How much you weigh.
d. When can I take a nap.
e. How can I find the time to run some errands.
(Perhaps the best response to this question was offered by Al
Bundy, who once told Peg, "If I wanted you to know what I was
thinking, I would be talking to you!")
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 question, “Does the Industry, and
the Borrower, Need a
HARP 3.0?” 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.