Oct. 13, 2012: The current state of underwriting and documentation guidelines - tales from the crypt; punny Halloween tale
Rob Chrisman
As
30-year rates hit historic lows, some borrowers are hoping
that lenders will be loosening their underwriting standards
and that it will be easier to qualify for a mortgage. They’re
hoping in vain: industry data shows that controls have
gotten even tighter. I don’t remember where I saw the
stat, but the average credit score on new loans closed in
August 2012 was 750, nine points higher than a year prior.
Fannie and Freddie borrowers’ scores averaged 763 for that
same period, and considering that fewer than 22% of Americans
have credit scores over 749, there are a lot of people out
there who are highly unlikely to qualify for a loan. Lenders
also appear to be requiring larger down payments, with the
average Fannie and Freddie borrower putting down 21% (to put
that in context, the median down payment in 2005 was 2%.)
Originators hope that eventually lenders probably will relax
about upcoming regulation, be less fearful about costly
buyback demands from the GSEs, and strip away some of their
extra credit-risk fees. The key word here, though, is “eventually.”
I
continue to hear that the underwriting pendulum has swung too
far, excluding common sense borrowers, self-employed
borrowers, and loans being held up for requests on
explanations for a $100 deposit four months ago. And borrowers
are in a tough spot. An individual living on a fixed income
over the last 20 years (i.e., from the end of 1991 to the end
of 2011) would have suffered a 39% loss of purchasing power
over the 2 decades using the CPI as a gauge of his/her
inflation.
Now
often times loan officers become involved in their client's
finances.
This happens much more frequently now, versus ten years ago,
as LO's tend to work with clients on improving their financial
condition. I received this note from a broker in Tennessee. “A
question that sometimes comes up during the home buying
process is if the borrower should use their mortgage
payment for the 401(k) catch-up contribution or just stay
the course. The payoff can save money on the interest
rate, but by paying for the home mortgage and tax you're
trading off a reduced retirement account for lower future loan
expenses. To determine whether this makes sense, consider
several factors. Namely, the cost of withdrawing from your
retirement account, as your withdrawal will be taxed as
ordinary income at the federal, state and local rates. Even
with an estimated tax rate, borrowers with higher incomes and
local taxes could owe 40% or more on a retirement distribution
and anyone under 59½ must add a 10% penalty to that tax bill.
Also, will you be able to rebuild your retirement portfolio?
Repaying such a large sum may not be possible, especially if
the 401(k) is your only pool of funds for retirement, and the
savings on mortgage payments rarely will make this work. If
you think you might spend all or some of the mortgage money,
it is better to pass on paying it off. Lastly, do you have
more costly debt you should pay off first, like high interest
credit card payments? Borrowers should know that agents can
help them with managing expectations, which is essential to
having a smooth home buying experience, and asking, ‘What
happens next?’ and, ‘What's the margin of error on this cost
estimate?’ Also, borrower should ask, ‘What do you see that I
don't?’"
But speaking of tough guidelines, a while back I received this
note from an LO. “I like the idea of a top ten list for
strict underwriting. I have a couple contributions. I
had a hospital administrator recruited by Phoenix Children’s
Hospital. He moved from Kentucky and put his house in Kentucky
up for sale. He got in a 3-month short term rental here in
Phoenix while he moved his family out here and sold the
Kentucky home. Without the sale of the home he had 20% to put
down on his Jumbo Loan home here in Phoenix. Everything about
the borrower was perfect; extremely high FICO, good investment
and retirement fund reserves, a long and steady employment
history, 20% liquid funds sourced and seasoned for years,
extremely low DTIs etc. A week and a half from close I get the
notice from the wholesaler that his loan had been denied. I
check the denial when it comes. The reason he was denied was
that he paid for the 3-month short term rental up front, which
was reimbursed to him by PCH. Still confused? So was I. The
reason for the denial was the fact that he was unable to
document on time MONTHLY payments for his rental. It took 5
days and 3 layers of management to help them understand how
absurd that was. It was finally approved and funded.
“The
second is where another perfect borrower doing a 20% down
conventional loan had recently travelled to Las Vegas and won
a little bit of money. He deposited $780 cash into his bank
account that had a balance of over $40,000. The investor
denied the loan because he could not document the actual
money. We showed airline tickets, hotel receipts and the
deposit slip. No go. We had to switch investors to get it
done.”
And Joe B. writes, "I was talking to a close friend yesterday,
a 30 year veteran of the industry, having held several
significant executive positions. He’s now with a third-party
company. I know this guy: he’s very conservative, never any
flashy spending, etc. He’s now in the 61st day of a very
simple refinance. He had to have his wife sign a statement
indicating that he had access to their JOINT checking
account. When he questioned the underwriter about the
absurdity of this, she didn’t have an idea of what a joint
account was. All she said was 'our investor requires this.'
The biggest issue is that we have dramatically gone from one
extreme to the other. Until recently, most underwriting was
automatic engine based. Now we are having ‘real’ human
underwriting. Unfortunately we haven’t spent years
training underwriters to actually underwrite. Now that
they are being tasked to do this, many of these hard-working,
well-intentioned individuals have no idea what passes as true
underwriting."
Phil
G. wrote, "Regarding appraisals, the value expected
from the appraiser seems more tied to the LO's ability to
predict it through research, or should I say the LO's
inability. That is, some LOs consistently predict the value
within $10k while most haven't a clue how to research it or
they are so lazy they rely on the home-owners idea of what the
value should be (which is always distorted). It’s almost like
they think that if they write in the submission application
then it will all work out somehow. Since the loan is
submitted to the lender before the appraisal is completed, the
lender ends up with a completely distorted loan profile when
the real value comes in. Sure, appraisers screw up from time
to time, but I have found in these situations the expected
value put on the submission application is usually more
hopeful than factual. My big issue with the process is the
unwillingness of many lenders to accept ported appraisals.
So, you have a borrower that pays $400 for an appraisal but
then the loan is denied for an unrelated reason at the lender
- so, the LO finds another lender. But the new lender
will not accept the recently completed appraisal and forces
the home owner to purchase a new one. Why? How does not
accepting an appraisal from a national AMC protect the
borrower, or the lender? Why must the borrower pay again?
Ridiculous."
Speaking
of
underwriting, let’s check on some relatively recent
guideline, documentation, and process changes from investors
to give you a sense of the trends.
Guild
has announced that it will purchase USDA Rural Housing loans
that are issued with the “subject to availability of
commitment authority” verbiage on the Conditional Commitment.
The “subject to” language has already been used when issuing
refinances but will be used for purchases beginning on October
1st.
Franklin American has relaxed (!) its guidelines on
state properties without a permanent source of heating or
cooling as long as it is “common, customary and compatible for
the area.” Guidelines on employees who are not required to
file US income tax returns have also been revised; these
borrowers are now subject to additional income and employment
verification measures.
Guidance has been added on the sale of personal assets,
subordinate financing documentation, and property flip
transactions for Conventional loans. FAMC has also revised
guidance on FHA cash-out refinance transactions, USDA property
flip transactions, and Social Security Administration and
disability income. Clarification has been issued on flood
insurance and FHA abbreviated loan applications.
Affiliated Mortgage terminated all third party
addendums to the Origination and Sales Agreement with lenders
on October 9th. As of the 9th, lenders will be permitted to
lock only loans that are both originated and closed in their
name or one of their DBA’s. Loans that don’t comply with this
requirement will be ineligible for re-locks or extensions; to
be eligible, they must be delivered in fundable condition by
November 9th or purchased by AMC on or before November 23rd,
whichever is earlier. For the time being, all TPO loans are
required to contain an acceptable Anti-Steering Disclosure.
Bob Hill and his new wife Betty were vacationing in Europe -
as it happens, near Transylvania. They were driving in a
rental car along a rather deserted highway. It was late and
raining very hard. Bob could barely see the road in front of
the car. Suddenly, the car skids out of control! Bob attempts
to control the car, but to no avail! The car swerves and
smashes into a tree.
Moments later, Bob shakes his head to clear the fog. Dazed, he
looks over at the passenger seat and sees his wife
unconscious, with her head bleeding! Despite the rain and
unfamiliar countryside, Bob knows he has to get her medical
assistance.
Bob carefully picks his wife up and begins trudging down the
road. After a short while, he sees a light. He heads towards
the light, which is coming from a large, old house. He
approaches the door and knocks.
A minute passes. A small, hunched man opens the door. Bob
immediately blurts, "Hello, my name is Bob Hill, and this is
my wife Betty. We've been in a terrible accident, and my wife
has been seriously hurt. Can I please use your phone?"
"I'm sorry," replied the hunchback, "but we don't have a
phone. My master is a doctor; come in, and I will get him!"
Bob brings his wife in.
An older man comes down the stairs.
"I'm afraid my assistant may have misled you. I am not a
medical doctor; I am a scientist. However, it is many miles to
the nearest clinic, and I have had a basic medical training. I
will see what I can do. Igor, bring them down to the
laboratory."
With that, Igor picks up Betty and carries her downstairs,
with Bob following closely.
Igor places Betty on a table in the lab.
Bob collapses from exhaustion and his own injuries, so Igor
places Bob on an adjoining table.
After a brief examination, Igor's master looks worried.
"Things are serious, Igor. Prepare a transfusion."
Igor and his master work feverishly, but to no avail.
Bob and Betty Hill are no more.
The Hills' deaths upset Igor's master greatly. Wearily, he
climbs the steps to his conservatory, which houses his grand
piano. For it is here that he has always found solace.
He begins to play, and a stirring, almost haunting melody
fills the house.
Meanwhile, Igor is still in the lab tidying up.
His eyes catch movement, and he notices the fingers on Betty's
hand twitch, keeping time to the haunting piano music.
Stunned, he watches as Bob's arm begins to rise, marking the
beat!
He is further amazed as Betty and Bob both sit up straight!
Unable to contain himself, he dashes up the stairs to the
conservatory.
He bursts in and shouts to his master:
"Master, Master! The Hills are alive with the sound of music!"
If
you're interested, visit my twice-a-month blog at the STRATMOR
Group web site located at www.stratmorgroup.com.
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