Jul. 30, 2012: Mortgage job fairs; Texas bank sues the CFPB; Hawaii's new originator laws; Chicago & eminent domain; Libor update
Rob Chrisman
"Rob,
with the Wells news earlier this month, and FAMC's comp change
last week, I am hearing rumors of all kinds of price and
investor changes. On the pricing side, what will happen
if rates continue to drop?" I have seen nothing definite, but
"the jungle drums" are saying that soon the agencies will be
making a g-fee increase, and investor pricing
(investors being Wells, Chase, U.S. Bank, etc.) pricing should
get worse by 5 to 15 basis points. Some of this may have
already hit their best efforts pricing. It seems that this may
be an industry-wide change, impacting all lenders, and in turn
borrowers. On the plus side, some investors are opening up the
2.50% coupon for originators to sell into, meaning that
2.75-3.125% home loan rates. (And why not – Fannie 2.5%’s are
at a one point premium.) Back on the negative side, for the
wholesale channel, following FAMC’s move it is rumored that a
half a dozen investors are considering dropping “Borrower
Paid” compensation plans. I don’t have any details yet.
Monitoring counterparty risk is the trendy buzz-phase, but any wholesaler could have
trouble adhering to Dodd-Frank/CFPB regulations by
monitoring what each broker client is doing, and possibly
running the risk of a large fine from the DOJ by failing to
do so – and who wants that?
For
good news, Fremont Bank is growing and seeking wholesale
underwriters, loan processors, relationship LO’s, and other
talented mortgage professionals. Founded in 1964 and one
of the oldest independently owned and managed bank in the Bay
Area, Fremont is expanding its Southern California
Operations Division. Fremont funded nearly $4 billion in
2011, and was voted one of the Top Workplaces in the Bay Area
2011 and 2012. It will be hosting a Career Fair on Friday,
August 3, from 11AM-7PM at 30 Enterprise, Suite 110, in Aliso
Viejo. Interested individuals should submit their resume in
confidence to jobs@fremontbank.com,
or write for more information.
And
for another job-related event, the Mortgage Lending Division
of Carrington Mortgage Services, LLC is having an open house
next week, Tuesday, August 7th from 5:30 to 7:30 PM at 1610 E.
St Andrew Place, STE B-150 in Santa Ana. Carrington has
openings for operations, sales, underwriters, funders, doc
drawers, wholesale account managers, area sales managers,
retail branch managers, loan officers, and wholesale AE's.
This open house is invitation only, so be sure to RSVP: http://www.careerbuilder.com/JobSeeker/Jobs/JobDetails.aspx?APath2.31.0.0.0&job_didJHS0QN6Z4NX90Y3SCZ9&IPathILKV0C.
"God
bless The Great State of Texas, and the small banks there."
No, I did not hear that from the CFPB. I heard it from a
mortgage banker regarding a small bank in Texas that is
suing the CFPB saying Dodd-Frank is unconstitutional.
Here you go - many mortgage banking folks are probably
wondering where to send the money: http://www.economist.com/node/21559657?fsrcscnfb/wl/ar/unhappybirthdaytoyou.
About
a month ago we had the industry concerned (rightly so) with
the California Bill of Rights. Now Hawaii has turned heads
by passing three new bills related to mortgage servicing and
mortgage origination. Starting July 1 the first requires
the Office of Consumer Protection to educate consumers
regarding fraud schemes aimed at homeowners facing
foreclosure. The bill also establishes that violators of
Hawaii’s Mortgage Rescue Fraud Prevention Act will be charged
with a Class C felony and fined $10,000 in addition to other
possible penalties. The Hawaii Secure and Fair Enforcement for
Mortgage Licensing Act requires adjustments to loan originator
registration fees and amends Hawaii’s Secure and Fair
Enforcement for Mortgage Licensing Act (SAFE Act) to comply
with recent changes to federal laws. Those who originate loans
on behalf of a mortgage servicer are not required to register
or obtain licensing so long as “[t]he employee’s actions are
part of the employee’s duties as an employee of the mortgage
servicer company” and the employee only originates residential
mortgage loan modifications. Similar exemptions are made for
those who originate loans for nonprofit organizations if the
nonprofit registers with the Nationwide Mortgage Licensing
System and Registry. Registered mortgage loan originators
acting as subsidiaries of federally-regulated insured
depository institutions are now subject to provisions of the
SAFE Act. Hawaii also passed a law affecting mortgage
servicers. According to the new law, the Commissioner of
Financial Institutions may require servicers to register with
the Nationwide Mortgage Licensing System. Additionally, the
bill states servicers must comply with all licensing
requirements of the SAFE Act before offering loan
modifications: http://www.capitol.hawaii.gov/session2012/bills/SB2763_CD1_.pdf.
It
is the most widely used interest rate in the world. Libor is
the London interbank offer rate, an interest-rate benchmark
for many other rates, from commercial loans to mortgages. Estimates
of how much is tied to Libor vary from $350 trillion to $800
trillion. (To put that in perspective, $350 trillion
would pay for all U.S. government spending for 96 years.)
Libor is calculated daily when London banks (through the
British Bankers’ Association) tell Thomson Reuters the
interest rate they would expect to pay on a loan from another
bank. Thomson Reuters drops those rates in the highest and
lowest 25% and averages the 50% in the middle. Interestingly
enough, there are actually 150 Libor rates, with maturities
from overnight to one year, and in different currencies. Libor
is a way of insuring floating-rate loans from a surge in
interest rates, as rather than the rate actually paid, it
is the interest rate the London Banks would expect to pay.
This honor system becomes skewed when some banks artificially
inflate or deflate their rates, depending on what would
benefit them most. Some may have deflated their rates to give
the impression that they were more creditworthy than they
actually were. If Libor was artificially high when a borrower
took out a loan, then the borrower paid more on the loan than
they should have. Conversely, if Libor was artificially low,
the borrower may have paid less than they should have.
The
Berkshire
Bank, a New York lender with 11 branches, sued 21 banks
including Bank of America Corp, Barclays, and Citigroup for
damages
over the alleged manipulation of the London Interbank Offered
Rate. Berkshire sought undisclosed compensation and punitive
damages and the right to represent other lenders in a group
lawsuit, or a class action, in a July 25 filing in federal
court in Manhattan. The lender claims in the suit that Libor
fraud lowered interest payments it received.
Here,
as is nearly becoming standard, are some relatively recent
updates from vendors and investors, and some training.
As I warn folks, these will give you a flavor for current
trends but for exact details read the bulletin.
The
Georgia Department of Banking and Finance, and the FDIC, shut
down Jasper Banking Company in Jasper, and turned things over
to Stearns Bank National Association out of St. Cloud,
Minnesota. And also on Friday the Federal Reserve Board
announced its approval of the applications by Five Star Bank,
Warsaw, New York, (1) to acquire four branches of HSBC Bank
USA, National Association ("HSBC"), McLean, Virginia, that
First Niagara Bank, National Association, Buffalo, New York,
contracted to purchase from HSBC; and (2) to establish
branches at those locations.
Members
of Ballard Spahr's Consumer Financial Services and
Mortgage Banking Groups will present a humorous (but
instructive) look at "what not to do"—things that can trigger
the unwanted attention of the CFPB. “How to increase
your risk through inadequate compliance management and
complaint handling systems; How to allow key service providers
to create risks by operating without oversight; How to violate
substantive laws such as ECOA and UDAAP; How to attract CFPB
attention by taking the position that if a practice is not
expressly prohibited, it is permitted; How to stonewall the
CFPB when it issues a civil investigative demand to your
company; The unimportance of preparing for your company’s
first CFPB examination; and Why SCRA compliance, which
involves so few of your customers, is irrelevant.” By focusing
on these and other examples, we will share our views on how
your institution should interact with the CFPB so that it does
not end up in the CFPB's crosshairs. http://info.ballardspahr.com/Reaction/rsgenpage.asp?RSID4_7qM13MzRA4DwGmlBEKg9jI4SQUtFyRhb9UAcSBu-c.
Flagstar
has resumed funding loans in several zip codes affected by the
wildfires in Colorado. Any such properties are required to be
re-inspected; re-inspections should have taken place on or
after July 9, 2012.
In the wake of the wildfire activity in Colorado and the
flooding in Florida, Kinecta reminds clients to follow
the updated disaster policy, which requires properties in
designated counties to be re-inspected by a licensed
appraiser. Should the property be deemed uninhabitable,
unsound, or otherwise affected by the disaster, a new full
appraisal must be ordered, while the original may be used if
the property is deemed to be in the same condition as before
the disaster. An Appraisal Update (Fannie Form 1004D),
Completion Report (Freddie Form 442), or DU Property
Inspection Report (Fannie Form 2075) are the inspection forms
that Kinecta will accept. Properties whose appraisals weren’t
completed before the disaster require a full appraisal to be
carried out.
Mountain West Financial has clarified its policy on
Non-Arm’s Length Transactions to provide additional details on
scenarios where an exception may be made. The loan file will
be subject to a Pre-Funding Audit in cases where the estate
agent and loan officer are employed by the same business
entity in order to re-verify all the information submitted as
well as any individual licenses for companies, real estate
agents and mortgage loan officers. Loan officers are not
permitted to participate in family members’ transactions, and
a loan officer’s spouse may not notarize the documents for the
transaction.
This morning the markets seem much more concerned about what
may happen this week rather than what happened Friday or over
the weekend. But Friday saw a huge uptick in selling by
originators. Wells Fargo’s economics team suggests that
“Growth Remains Slow but steady.” That pretty much sums things
up, given the GDP news, New Home Sales, and Durable Good
numbers.
This
week, addition to all European gyrations, we have a lot of
scheduled news here in the U.S. There is nothing for today,
but tomorrow is Personal Income & Consumption, along with
the Employment Cost Index, a PCE Price number, the
Case-Shiller 20-city index, Chicago PMI, and Consumer
Confidence! Wednesday is the private jobs ADP number, always
of questionable validity in predicting the government's total
number on Friday. We'll also have an ISM Index and
Construction Spending. More importantly we'll have the Fed
announcement will be the primary focus. Investors will be
looking for further easing or indications that it will take
place in the near future. And there will be an ECB meeting on
Thursday, along with Jobless Claims and Factory Orders.
Finally on Friday we'll have the usual
first-Friday-of-the-month employment data.
In
the early going, rates are a shade better than Friday
afternoon – one would expect a bounce back after the price
“worsenings” Friday. The 10-yr’s yield has gone from 1.56%
to 1.53%, and rate-sheet MBS prices are better by about
.125.
RETIRE
WHERE? Here are some of your choices – I keep receiving them
from readers, part 6 of 7;
You
can retire to Florida where.
1. You eat dinner at 3:15 in the afternoon.
2. All purchases include a coupon of some kind -- even houses
and cars.
3. Everyone can recommend an excellent dermatologist.
4. Road construction never ends anywhere in the state.
5. Cars in front of you often appear to be driven by headless
people.