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Archive for June, 2010

Tuesday, June 29th, 2010

Fannie Mae and Freddie Mac, the housing-finance companies supported by US taxpayers, should take advantage of demand for government-backed mortgage debt and sell their holdings, according to Pacific Investment Management Co. (Pimco).

"Since the government's going to want to unwind them at some point anyway, why not do it at the best levels ever?" said Scott Simon, the mortgage-bond head at Pimco, manager of the world’s biggest fixed- income fund.

Tuesday, June 29th, 2010

Hines, the closely held property investor with $22.9bn in assets, plans to sell the 40- story Union Bank Plaza office tower in downtown Los Angeles.

The company hired Jones Lang LaSalle to market Union Bank Plaza, a 625,838-square-foot (58,142-square-meter) tower it purchased in 2005, said Kim Jagger, a spokeswoman for Houston-based Hines.

Tuesday, June 29th, 2010

Federal Reserve Board member Kevin Warsh expressed wariness about the Fed's willingness to purchase more mortgage debt or government bonds to boost the economy if it falters, an idea that has emerged amidst worries about the recovery's sustainability.

"Any judgment to expand the balance sheet further should be subject to strict scrutiny," Warsh said Monday in a speech in Atlanta.

Tuesday, June 29th, 2010

Mortgage approvals in the UK decreased unexpectedly in May, data from Bank of England revealed Tuesday. But growth in net mortgage lending and consumer credit exceeded expectations in May.

The number of loans approved for house purchase stood at 49,815 in May, down from April's revised 49,828.

Tuesday, June 29th, 2010

Britain's Financial Services Authority (FSA) is investigating two insurers over failings in their with-profits operations and has warned several others to make changes or face possible fines, it said on Tuesday.

Some of the firms did not have adequate governance arrangements for their with-profits funds, while others were not doing enough to help customers understand their policies, the watchdog said.

Tuesday, June 29th, 2010

The financial reform bill is on the brink of passage, or not, as the case may be. After working together for months, the House and Senate finally came up with some new rules, 2,000-plus-pages of them. All they have to do now is decide whether to pass it.

Their stated goal is to ensure that never again will we see another crash like the one that sent us into a tailspin and the worst recession since the Great Depression. But I've been watching lawmakers for a while, and I'm not quite sure about that.

My feeling is that the new Financial Reform bill will pass through Congress and be signed into law by President Obama and its primary impact, from a future historical point of view, will be to guarantee the next boom and bust cycle occurs right on schedule. Business as usual, in other words.

But in the meantime, savvy lenders that can afford to hire compliance attorneys should do just fine.

My analysis returns this result because when comparing the scope of the problem to the length of the law, I find that it is written to be circumvented.

If I haven't lost you already, I'll explain. Laws are like boundaries. They delineate what society has determined is right from wrong. Think of them as fences. The stronger the law, the less likely it is to be circumvented legally. Strong laws are short. The law that most people of the Judeo-Christian world follow relating to murder is a case in point: “Thou Shalt Not Kill.” Four words. No gray area.

The law doesn't say, “Thou shalt not kill, unless your adjusted gross income from line 28a exceeds the alternative minimum income derived from the worksheet on page 457.” It just says don't do it. It doesn't even go into the consequences for violating the law. Everyone just knows that if you kill somebody, you're responsible for the next bailout, i.e. you're screwed.

A law like “Thou Shalt Not Kill” is like a fence made out of a solid wall of iron. You can climb over it or dig under it, but then you're clearly circumventing the law, not avoiding it, and there shall be consequences. There can be no avoiding them.

A good law is like a good fence. It let's people know where the boundaries are and keeps them honest. A good law might say: if you make income, you shall pay 15% of that income to the government for valuable services said government may or may not choose to render unto you. That's like a high wooden wall. You can still burn it down by sending in a lawyer to quibble over the definition of “income” or “render,” but it's still pretty solid. And you could engrave it easily on a stone tablet, if you had a mind to.

The library of current IRS regulations, on the other hand, is like a chicken wire fence, made out of Twizzlers, and not the fat ones.

Lawyers can easily chew their way through the tax code. There is an army of U.S. attorneys that do nothing else. They do quite well for themselves, I understand.

That's why special interests hire attorneys to draft new legislation. They make chicken wire fences. While legislators spend months worrying over this patch of fence of that patch of fence, they don't seem to realize that regardless of how big they build it, it will still melt like a Twizzler in the hot sun of the work-a-day world.

So, lenders should take heart in the fact that the final result of months of political bickering is a document of this size. They should think of it as a book of opportunity.

Actually, they should feel a bit short changed. When Clinton got screwed in the White House, the government generated 50,000 pages in an attempt to impeach him. When the rest of us got screwed in the bailout frenzy, all we got was a thousand page bill. Well, we do what we can with what we have. That's what my mother used to say. In this case, I suspect we're going to be able to do quite a lot.

Rick Grant is veteran journalist covering mortgage technology and the financial industry.

Follow him on Twitter: @NYRickGrant

Tuesday, June 29th, 2010

Although covered bond legislation got the boot from the reconciled financial reform bill agreed to by a Congressional committee and awaiting passage into law, the original bill's advocates are hoping for a revival soon.

A conference of House Representatives and Senators agreed early Friday on a sweeping financial regulatory reform bill after weeks of reconciliation between separate House and Senate versions.

Committee members ultimately rejected covered bond legislation offered by the House and modeled after the proposed bill by Rep Scott Garrett (R-NJ).

"We don't view this as a set back in the least," Erica Elliott, a spokesperson for Garrett's office, tells HousingWire. "We were very excited for the opportunity to bring covered bonds up for discussion during the financial regulatory reform conference, and we remain optimistic that all parties involved will work together in a productive and expedient manner to pass legislation establishing a robust covered bonds market in the United States."

Garrett's United States Covered Bond Act, introduced in March, aims to establish a regulatory framework for covered bonds in the US. It lists eligible assets for covered bonds as residential property, home equity assets, as well as auto, commercial and student loans.

Covered bonds are so named for the dual recourse provided, where the issuer is on the hook to pay out regardless of whether or not the collateral performs as expected.

Language that would have established a statutory framework for covered bonds failed — by a close vote — to gain inclusion in the final reform bill. A client alert from law firm Morrison & Foerster indicated a single vote rejected the covered bond legislation, according to the Covered Bond Investor.

As HousingWire reported, the reconciled bill establishes the Consumer Finance Protection Bureau, ends taxpayer-funded bailouts, brings greater regulation to the derivatives market, sets ups credit risk retention exemptions for government-insured mortgages and includes a "watered-down" version of the Volcker Rule on proprietary trading.

"Because of the crush of the Volker rule, the derivative pushout rule, the 'too big to fail' resolution authority, and the other provisions of the reform bill, the covered bond language did not get the time and attention needed to get everybody's concerns on the table," Morrison & Foerster senior counsel Jerry Marlatt told Covered Bond Investor.

The final bill as a whole is receiving a warm welcome from regulators, with Securities and Exchange Commission (SEC) chairman Mary Schapiro among those responding to the committee's decision.

"The bill that emerged from the conference to be considered this week will improve oversight of large interconnected institutions, fill significant regulatory gaps, provide greater oversight and transparency over hedge funds and over-the-counter derivatives, improve the SEC's funding process and provide additional investor protections," Schapiro said in a statement.

Write to Diana Golobay.

Tuesday, June 29th, 2010

Fannie Mae (FNM: 0.00 N/A) and Freddie Mac (FRE: 0.00 N/A) published the implementation guide for its new loan delivery data requirements, part of the ongoing government-sponsored enterprises (GSE) initiative to improve the quality of the loans it purchases from originators.

As conservator of the GSEs, the Federal Housing Finance Agency (FHFA) announced in May the Uniform Mortage Data Program — a collaborative effort to establish loan delivery data standards, as well as a joint appraisal data delivery system, for the single-family mortgages Fannie and Freddie purchase and/or securitizes.

This week's announcement releases the specific data points — known as the Uniform Loan Delivery Dataset (ULDD) — lenders will be required to provide in electronic loan documents when the new policy goes into effect Sept. 1, 2011. Fannie Mae called it the "First key milestone" of the FHFA Uniform Mortgage Data Program.

Data points are labeled either required, conditionally required (based on individual product or transaction parameters), or optional — items that will be implemented at a future date.

In mid-June, the GSEs announced that Veros Real Estate Solutions won the contract to develop the software platform that will be used for electronic appraisal data delivery. That piece of technology will integrate with the Mortgage Industry Standards Maintenance Organization (MISMO) database, which serves as the overall loan delivery system for the new data.

While preparations for next year's launched of the new system continues, coming up in October, Fannie Mae will expand its current electronic loan delivery system to accept loan files in the Extensible Markup Language, or XML, file format. The format is the MISMO standard for the new system and Fannie said the move will help originators prepare for the new delivery system before it begins.

Write to Austin Kilgore.

The author held no relevant investments.

Tuesday, June 29th, 2010

Independent mortgage bankers and subsidiaries made an average $1,135 on each mortgage originated in 2009, compared with $305 per loan in 2008, according to survey results today by the Mortgage Bankers Association (MBA).

Profits-per-origination grew by $830 — or 272% — in one year.

MBA attributed the sharp increase to a drop in loan production expenses to $3,685 in 2009, from $4,717 in 2008. At the same time, however, total origination income dropped to $4,820 per loan, from $5,023 per loan in 2008.

"Production profits increased in 2009 over 2008 as higher origination volumes, particularly in refinancing, reduced per-loan production expenses," said Marina Walsh, MBA associate vice president of industry analysis.

Walsh added: "It was also clear bank and thrift subsidiaries had an advantage over independent mortgage companies because of lower loan officer compensation per loan and higher net interest spread due to lower warehouse funding costs and the ability to keep loans in warehouse longer."

Mortgage bankers improved the pull-through rate of loan closings versus applications, to 68.44% in 2009 from 56.59% in 2008.

The net warehousing income — or the net interest spread between the mortgage rate and the interest paid on a warehouse line of credit — dropped for the third consecutive year, the MBA said. Net warehousing income slipped to $116 per loan in 2009, from $148 per loan in 2008 and $175 per loan in 2007. The average number of days in warehouse dropped to 14 in 2009, from 15 in 2008 ad 20 in 2007.

Write to Diana Golobay.

Tuesday, June 29th, 2010

House prices across 20 major metropolitan areas rose 3.8% in April from a year earlier, according to the latest Standard & Poor's (S&P)/Case-Shiller House Price Index (HPI).

The 10-city composite HPI is up 4.6% from a year earlier:

The Dallas, Denver, San Diego and San Francisco metropolitan statistical ares (MSAs) all posted six consecutive months of positive annual rates of return — at a respective 3.3%, 4.4%, 11.7% and 18%.

"Home price levels remain close to the April 2009 lows set by the S&P/Case Shiller 10- and 20-City Composite series," said David Blitzer, chairman of the index committee at S&P. "The April 2010 data for all 20 MSAs and the two Composites do show some improvement with higher annual increases than in March's report."

Blitzer added: "However, many of the gains are modest and somewhat concentrated in California. Moreover, nine of the 20 cities reached new lows at some time since the beginning of this year."

On a monthly basis, 18 of the 20 MSAs improved from March 2010 data. These gains were likely driven by the end of the first-time homebuyer tax credit program on April 30, according Blitzer.

"Other housing data confirm the large impact, and likely near-future pullback, of the federal program," he said. "Consistent and sustained boosts to economic growth from housing may have to wait to next year."

Write to Diana Golobay.



Origination/Lending
Kenneth Bacon, executive vice president of the Fannie Mae multifamily mortgage business, is retiring after 18 years at the mortgage...

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Servicing/Default
The serious delinquency rate for Federal Housing Administration mortgages reached 9.6% in December, the highest level in more than two...

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