Posts Tagged ‘ mortgage loans ’

Commentary: Déjà vu All Over Again

Commentary: Déjà vu All Over Again

BY: MARK LIEBERMAN, FIVE STAR INSTITUTE ECONOMIST

In the spring and early summer, more lenders, as surveyed by the Federal Reserve, said they were easing standards for mortgage loans than were tightening.

In the spring and earlier summer, the median price of an existing-single family home was increasing by an average of 1.8 percent per month as sales increased about 0.5 percent per month. Personal income, according to the Bureau of Economic Analysis, was increasing at about 0.5 percent per month.

In the spring and early summer, the Case-Shiller Home Price Index was increasing by an average of 1.5 percent per month

In the spring and earlier summer, the nation added about 230,000 jobs per month, about one of them retail and leisure and hospitality, the two lowest wage industry sectors tracked by the Bureau of Labor Statistics.

That was 2005, the year before the housing bubble burst brought the economy down with it.

In 2013, numbers look eerily similar:

According to the latest Federal Reserve Senior Loan Officer Survey, an average of 4.6 percent of lenders surveyed acknowledged easing lending standards for prime residential loans and 16 percent of lenders surveyed reported an increase in demand for loans to subprime borrowers.

So far this year, the median price of an existing-home has increased an average of 2.5 percent per month and sales are increasing an average of 1.4 percent per month.

The Case-Shiller index has increased an average 1.3 percent per month.

Of the average monthly increase of 192,000 jobs per month, retail and leisure and hospitality jobs have accounted for nearly one-third.

While some of the 2013 numbers look better than 2005, other coincidental indicators are reason for concern. In 2005, sales at furniture stores and building and garden supply stores—retailers who thrive when homes are purchased—increased an average of 0.3 percent and 0.4 percent respectively. In 2013, those stores experienced average monthly increases of 0.2 percent and 0.4 percent. Sales at appliance stores went from an average monthly growth of 0.8 percent to an average monthly contraction of 0.1 percent.

The falloff at furniture and appliance stores suggests homeowners may be stretched to make monthly mortgage payments—even in an era, until recently, of low mortgage rates, rates that will only increase when the Federal Open Market Committee begins to tighten monetary policy.

And, according to a newly published paper, monthly payments are critical in forecasting defaults.

While economists Andreas Fuster of the Federal Reserve Bank of New York and Paul S. Willen of the Federal Reserve Bank of Boston studied the effect of payment size versus reducing principal in loan modifications, their conclusions are equally applicable to new mortgages. “Little is known about the importance of mortgage payment size for default,” they wrote.

In their study of workouts, they said “interest rate reductions dramatically affect repayment behavior, even for borrowers who are significantly underwater on their mortgages, adding “our estimates imply that cutting a borrower’s payment in half reduces his hazard of becoming delinquent by about 55 percent.”

Fuster and Willen didn’t directly study new loans, but the parallel approach to determine what borrowers have left over for discretionary purchases, which offers a reason for concern as the housing sector struggles to recover.

The impact of housing on the rest of the economy—construction jobs and suppliers as well as the financial sector—is, to be sure, a reason to look to housing as a stimulus but not, if as the numbers suggest, history may be repeating itself.

Refinancers Largely Favor Fixed Rate Loans; Cash-Out Share Stays Low

Refinancers Largely Favor Fixed Rate Loans; Cash-Out Share Stays Low

08/13/2013 BY: KRISTA FRANKS BROCK

Homeowners who refinance continue to overwhelmingly opt for fixed-rate mortgages, and by historical standards, fewer homeowners are using refinances as a means of putting more cash in their pockets, according to Freddie Mac’s 2013 Second Quarter Refinance Report.

More than 95 percent of homeowners who refinanced their mortgage loans in the second quarter of this year chose fixed-rate loans.

Fixed-rate loans were favored both among those who previously held fixed-rate loans and among those whose mortgages were adjustable-rate mortgages (ARMs), according to Freddie Mac.

The GSE found that among refinances in the second quarter, 79 percent of homeowners with ARMs switched to fixed-rate loans. On the other hand, just 2 percent of homeowners with fixed-rate loans opted for an ARM in their refinance.

At the same time, “[t]he cash-out amount, while increasing, continues to remain low by historical standards,” according to Frank Nothaft, VP and chief economist at Freddie Mac. The total cash-out volume for the second quarter was $9.5 billion, down from a peak of $84 billion in the second quarter of 2006.

The majority—85 percent—of refinancers in the second quarter either kept or lowered their loan principal when they refinanced during the second quarter.

The percentage of refinancers who made extra payments prior to refinancing is on the rise, up from between 3 and 9 percent prior to the recession to between 11 and 19 percent today, according to Freddie Mac.

Only 4 percent of refinances came with lengthened loan terms in the second quarter. Sixty-five percent of homeowners kept the same loan term, and 31 percent decreased their loan term with their refinance.

On average, a homeowner who refinanced in the second quarter lowered his or her interest rate by 1.9 percent.

Homeowners who received refinances through the government’s Home Affordable Refinance Program will save an average of $385 per month.

“On net, borrowers will save approximately $6 billion in interest over the next 12 months, which they can put towards savings, paying down debt or supporting additional expenditures,” Nothaft said.

 

Industry Questions Legality of California City’s Eminent Domain Plan

Industry Questions Legality of California City’s Eminent Domain Plan

07/31/2013 BY: KRISTA FRANKS BROCK

The city of Richmond, California, announced an unconventional plan to ward off foreclosures among underwater homeowners, instantly sparking debate and criticism throughout the mortgage industry. In fact, several industry groups have called into question the constitutionality of the plan and have voiced concerns for its long-term consequences.

“After years of waiting on the banks to offer up a more comprehensive fix or the federal government, we’re stepping into the void to make it happen ourselves,” Richmond Mayor Gayle McLaughlin told the San Francisco Chronicle Tuesday.

The plan, which “is fraught with negative economic consequences for the community,” according to the Association of Mortgage Investors (AMI), is for the city to obtain the mortgage loans of underwater properties and help homeowners refinance at their homes’ current value.

The Mortgage Bankers Association president and CEO, David H. Stevens, boils the plan down to “a short-term solution for a few underwater borrowers that will have severe negative long-term costs for every homeowner in the city.”

Richmond will rely on Mortgage Resolution Partners to carry out the refinances.

The city sent 32 banks letters requesting to purchase more than 600 underwater mortgages, according to reports. If the banks do not agree to sell the mortgages, the city plans to seize them under its right to eminent domain.

This use of eminent domain is unprecedented. Generally, eminent domain is employed by cities to obtain land for development projects.

Several industry groups have actually called the plan unconstitutional. “Both federal and California law clearly show that this scheme is illegal,” stated the American Securitization Forum Tuesday.

The AMI, along with the MBA and the Securities Industry and Financial Markets Association pointed out that mortgages are tied to pension funds for teachers, firefighters, and other middle-class Americans across the country.

Seizing these loans would not only damage Americans counting on these investments for their retirement, but it would also have a damaging impact on the future of the mortgage market.

“The practical effect of this proposal will be that individual investors, who put their money into pension funds and other investment vehicles, making mortgage money available to homebuyers, will see their assets and savings arbitrarily, and we believe unconstitutionally, taken,” said Judd Gregg, SIFMA CEO and former senator from New Hampshire.

“This will not help expand mortgage credit availability in this country,” Gregg added.

On its website, the MBA says it “agrees wholeheartedly with the Federal Housing Finance Agency (FHFA) that ‘utilizing eminent domain in this way could undermine and have a chilling effect on the extension of credit.’”

In a public statement released Tuesday, AMI also called into question Mortgage Resolutions Partners’ integrity. “Mortgage Resolution Partners (MRP) is not Robin Hood,”AMI said.

MRP’s “business model depends on persuading local governments to use the blunt instrument of eminent domain to take money away from the investments of seniors, unions, and others in the mortgage market, give that money to MRP, and, as a result, lower property values across communities as rates on new mortgages go up.”

MRP has undertaken a similar role in North Las Vegas, Nevada, where a lawsuit is now under way regarding the legality of using eminent domain to seize mortgages.

Citi to Pay Fannie Mae $968M in Repurchase Claim Agreement

Citi to Pay Fannie Mae $968M in Repurchase Claim Agreement

07/01/2013 BY: TORY BARRINGER

Citigroup and Fannie Mae announced Monday an agreement to resolve future repurchase claims for breaches of representations of warranties on millions of loans originated between 2000 and 2012.

According to release from New York-based Citi, the agreement covers 3.7 million residential first mortgage loans sold to Fannie Mae. Citi is not released from liability regarding servicing or other ongoing contractual obligations on those loans; the bank is also still responsible for a population of less than 12,000 loans originated in the same time frame with certain characteristics such as those sold with a performance guaranty or under special credit enhancement programs.

As part of the agreement, Citi will pay Fannie Mae $968 million, “substantially all of which was covered” by the bank’s existing mortgage repurchase reserves as of the end of the first quarter. Citi estimates it will record a residential mortgage repurchase reserve build of $245 million in its next quarterly earnings report and believes “it is adequately reserved for the loans not covered by the agreement.”

“We have a strong and productive relationship with Fannie Mae. … As we work to deepen and enhance financial relationships with our clients, we will continue to focus on the production of high-quality mortgage loans,” said CitiMortgage CEO Jane Fraser.

Citi also said in its release it will continue to work with Fannie Mae on the timely repurchase of any mortgages sold to the GSE that do not meet its requirements.

“This resolution is an example of our desire to work together with our business partners to find common ground. Today’s agreement resolves legacy repurchase issues, compensates taxpayers for losses, and allows Fannie Mae and Citi to move forward and strengthen our business relationship,” said Bradley Lerman, EVP and general counsel at Fannie Mae. “We continue to focus on making strong progress in resolving repurchase requests with other lenders, and remain committed to helping people to buy, refinance or rent a home.”

CFPB Updates Future Examination Procedures

CFPB Updates Future Examination Procedures

06/05/2013 BY: KRISTA FRANKS BROCK

The Consumer Financial Protection Bureau (CFPB) released updated procedures for examinations of financial institutions and mortgage lenders, which will begin taking place in January of next year.

The new procedures, which will be published in the manuals for the Truth in Lending Act and the Equal Credit Opportunity Act, cover a range of topics, including compensation for loan originators, qualification standards for mortgage professionals, consumer rights, arbitration, and appraisals.

“The CFPB recognizes that the easier we make it for financial institutions and mortgage companies to follow the new regulations, the better off consumers will be,” said Richard Cordray, director of the CFPB, with the release of the new procedures.

“By releasing details of what our examiners will be looking for well in advance of the effective date of most of the rules, we are giving the industry more time to adjust,” he said.

New rules prohibit dual compensation for loan originators, which occurs when an originator receives payment from both a consumer and another party in the transaction.

Examiners will also look for ethical standards in loan originators, who will have to “meet character, fitness and financial responsibility requirements; pass criminal background checks; and complete appropriate training,” according to the CFPB.

The CFPB’s new directives also disallow waivers of consumer rights. In other words, originators cannot prevent consumers from filing lawsuits regarding their mortgage loans. Mandatory arbitration is also prohibited.

Originators must also provide consumers with copies of all appraisals and valuation documents “developed in connection with certain mortgage loan applications,” according to the CFPB.

New rules also contain provisions for what the CFPB terms “higher-priced mortgage loans.” The minimum time limit for escrow accounts for these loans is now five years as opposed to one year.

The CFPB also said with the announcement of the new examination procedures that these “are the first round of updates for what will likely be multiple updates.”

Demand, Credit Terms for Loans Both Ease

Demand, Credit Terms for Loans Both Ease

02/04/2013 BY: MARK LIEBERMAN, FIVE STAR INSTITUTE ECONOMIST

The percentage of banks reporting stronger demand for mortgage loans dropped in the first quarter from the fourth quarter last year, and a slightly greater percentage are reporting easing lending standards, the Federal Reserve reported Monday.

The results in the quarterly Senior Loan Officers Opinion Survey are consistent with anecdotal reports that mortgage loans are becoming easier to obtain.

The survey results are reported as a diffusion index; that is, the percentage of respondents saying they are easing lending standards somewhat or considerably is subtracted from those who report they are tightening standards for a range of different lending products. In the case of “traditional” mortgage loans, 1.5 percent of respondents reported “somewhat” tighter standings, while 4.6 percent reported standards easing somewhat, and 1.5 percent reported standards easing considerably for a net 6.1 percent easing. Meanwhile, 92.3 percent said standards were unchanged.

In the fourth quarter of 2012, a net 1.6 percent reported an easing in standards.

While the survey results suggest a direction of lending standards, they could be misleading: A bank which has tightened lending standards as much as possible may not necessarily ease them, but cannot tighten any further. (It would be the equivalent of tightening a faucet as far as possible—not tightening further does not mean loosening it.)

In the survey, a net 2.9 percent of respondents reported tightening standards for “non-traditional” mortgages, and 20 percent reported tighter standards for subprime loans, though 61 of the 71 banks surveyed said they do not make subprime loans.

Non-traditional mortgages, the Federal Reserve said, include but are not limited to: adjustable-rate mortgages with multiple payment options, interest-only mortgages, and “Alt-A’” products such as mortgages with limited income verification and mortgages secured by non-owner-occupied properties.

A net 19 percent of banks surveyed said demand for prime mortgages was stronger in the first quarter than in the fourth. In the previous survey, a net 21 percent of banks said demand for prime mortgages was strengthening.

As many respondents said demand for non-traditional mortgage loans in the first quarter had strengthened as those who said demand weakened; in the previous quarterly survey, a net 3 percent said demand for non-traditional loans was stronger.

Net demand for subprime loans in the first quarter was flat to the prior report.

According to the survey, a net 2 percent of banks reported looser standards for credit card loans in the first quarter compared with a net 11 percent in the fourth quarter. A net 4 percent of banks surveyed said demand for credit cards had weakened somewhat in the first quarter compared with the fourth, when a net 8.5 percent of banks reported stronger demand for credit cards.

Demand for commercial real estate (CRE) loans continued to strengthen in the first quarter with a net 40.3 percent of banks reporting stronger demand compared with a net 44.1 percent in the fourth quarter (after a net 23.4 percent in the third).

A net 13.4 percent of banks reported easing standards on CRE loans in the first quarter compared with a net 8.8 percent in the fourth.

Hear Mark Lieberman on P.O.T.U.S. (SiriusXM 124) on Friday at 6:40 a.m. and again at 9:40 a.m. EST.

 

FHA Outlines Changes to Manage Risk, Protect MMI Fund

FHA Outlines Changes to Manage Risk, Protect MMI Fund

01/30/2013 BY: TORY BARRINGER Printer Friendly View

Keeping her promise to Senator Bob Corker (R-Tennessee), Federal Housing Administration commissioner Carol Galante announced Wednesday a series of changes to be issued this week that will allow the agency to better manage risk and strengthen its anemic Mutual Mortgage Insurance (MMI) Fund.

“These are essential and appropriate measures to manage and protect FHA’s single-family insurance programs,” Galante said. “In addition to protecting the MMI Fund, these changes will encourage the return of private capital to the housing market, and make sure FHA remains a vital source of affordable and sustainable mortgage financing for future generations of American homebuyers.”

The first major change will be the consolidation of FHA’s Standard Fixed-Rate Home Equity Conversion Mortgage (HECM) and Saver Fixed Rate HECM pricing options.

Because the standard pricing option represents a majority of the loans insured through the HECM program, it is responsible for much of the significant stress on the MMI fund, FHA said. To help sustain the reverse mortgage program as a viable financial resource for older homeowners, the HECM Fixed Rate Saver will be the only pricing option available to borrowers seeking a fixed-rate mortgage, thereby lowering upfront closing costs while permitting a smaller payout.

Those changes (which will be effective for FHA case numbers assigned on or after April 1 of this year) are discussed in greater detail in FHA’s HECM Mortgagee Letter.

In addition, the agency plans to increase its annual mortgage insurance premium (MIP) by 0.10 percent for most new mortgages and by 0.05 percent for jumbo loans. The premium increases exclude certain streamline refinance transactions.

FHA will also require most of its borrowers to continue paying annual premiums for the life of their mortgage loans. The agency previously canceled required MIP on loans when the outstanding principal balance reached 78 percent of the original principal.

“FHA remains responsible for insuring 100 percent of the outstanding loan balance throughout the entire life of the loan, a term which often extends far beyond the cessation of these MIP payments,” the agency said in a release. “FHA’s Office of Risk Management and Regulatory Affairs estimates that the MMI Fund has foregone billions of dollars in premium revenue on mortgages endorsed from 2010 through 2012 because of this automatic cancellation policy.”

Other changes announced Wednesday include a requirement for manual underwriting on loans with credit scores below 620 and debt-to-income (DTI) ratios above 43 percent and the raising of down payments on loans above $625,500, the conforming limit for loans in high-cost areas.

Finally, FHA announced it will step up its enforcement efforts for FHA-approved lenders with regard to aggressive marketing to borrowers with previous foreclosures. Borrowers are currently able to access FHA-insured financing as soon as three years after experiencing a foreclosure, but only if they have re-established good credit and qualify for an FHA loan in accordance with the agency’s underwriting requirements.

“It has come to FHA’s attention that a few lenders are inappropriately advertising and soliciting borrowers with the false pretense that they can somehow ‘automatically’ qualify for an FHA-insured mortgage three years after their foreclosure,” the agency said. “This is simply not true and such misleading advertising will not be tolerated.”

FHA will also work with other federal agencies to address false advertising by non-approved entities, the release said.

Rising Prices Could Lift 3.5M Homeowners Out of Negative Equity

Rising Prices Could Lift 3.5M Homeowners Out of Negative Equity

11/29/2012 BY: KRISTA FRANKS BROCK

While almost one-quarter of homeowners remain underwater, rising home prices over the past year have some economists hopeful negative equity could begin to diminish in coming months.

“The negative equity problem is still crippling many homeowners and the wider economy,” Capital Economics stated in a report.

In addition to the almost one-fourth of homeowners who owe more on their mortgage loans than their homes are worth, almost half of homeowners do not meet the 80 percent loan-to-value ratio required for a standard refinancing.

While “[a]dmittedly, the recovery is still in its infancy,” Capital Economics sees the potential for 3.5 million homeowners to move out of negative equity positions over the next 12 months.

CoreLogic reports prices have risen 5 percent over the past 12 months, and Capital Economics reports the greatest movement is occurring in the same locations that experienced the greatest price declines and highest instances of foreclosures and negative equity during the housing crisis.

For example, about 40 percent of homeowners in Arizona and Florida are underwater. However, home prices have risen 18.7 percent and 6.3 percent, respectively, in these two states over the past year.

While Capital Economics is sticking to its prediction that house prices will rise about 5 percent next year, the economists admit “the upside risks to that forecast are clearly rising.”

So far this year, rising home prices have helped 1.3 million households rise out of negative equity, according to CoreLogic.

If home prices were to rise by 10 percent next year, about 3.5 million borrowers would be lifted out of negative equity and 6 million would become eligible for standard refinancing after seeing their loan-to-value ratios fall back to or below 80 percent.

“The faster prices rebound, the quicker the negative equity problem will be resolved,” Capital Economics stated.

With home prices still about 27 percent below their 2006 peak, 10 percent under-valued compared to current rental rates, and 20 percent under-valued compared to per capital incomes, Capital Economics sees no need for concern over another bubble as prices continue to rise.

Fed’s Duke Supports Idea of Different Rules for Community Banks

Fed’s Duke Supports Idea of Different Rules for Community Banks

11/09/2012 BY: KRISTA FRANKS BROCK

While admitting that creating mortgage lending regulations that prevent abuse without over-burdening community banks is “challenging,” Federal Reserve governor Elizabeth A. Duke suggested Friday that policymakers “abandon efforts for a one-size-fits-all approach.”

Speaking before the Community Bankers Symposium in Chicago, Duke said the Federal Reserve has received a large volume of comments from community banks expressing concern over the proposed regulatory capital requirements.

Duke first let community bankers know the federal regulatory agencies agreed to postpone the requirements that were set to go into effect at the start of next year.

“It’s still far too early in the process to know where we and the other agencies are going to come out on these and other issues,” Duke stated.

However, she acknowledged the importance of community banking in the mortgage lending market and stated that if regulations are complicated and expensive enough to deter “significant numbers” of community banks from the market, “it should raise red flags and spur policymakers to reassess.”

With a growing market share, community banks and credit unions originated about 25 percent of mortgage loans in 2011, according to Duke.

While community banks do tend to engage in some practices that “share[s] some characteristics with subprime lending,” according to Duke, they do so without apparent negative impacts on the market or their own businesses.

“Community bankers argue that they never engaged in the sort of lending practices that led to the financial crisis,” Duke stated. “And I think that in most cases, the evidence supports their claims.”

Fed data shows community banks are largely correct in their assertions. During the financial crisis, serious delinquency rates for fixed-rate, subprime loans neared 22 percent, and serious delinquencies for variable-rate, subprime loans neared 46 percent.

However, community banks did not experience serious delinquency rates of more than about 4 percent.

Despite the fact that community banks do not appear to have contributed much to the financial crisis, they may bear the brunt of the burden as the government attempts to prevent a repeat of the conditions that led to the crisis.

“[M]any community banks simply do not have the resources to appropriately comply with all of the pending regulatory changes pertaining to mortgage lending,” Duke said. “Thus, the cost of solving the problem falls disproportionately on them.”

ACLU Files Suit Against Morgan Stanley for Alleged Discrimination

ACLU Files Suit Against Morgan Stanley for Alleged Discrimination

10/15/2012 BY: TORY BARRINGER

The American Civil Liberties Union (ACLU) announced it has filed a suit against Morgan Stanley on the grounds of loan discrimination.

The complaint, filed by the ACLU, the National Consumer Law Center, the ACLU of Michigan, and Lieff Cabraser Heimann & Bernstein, alleges Morgan Stanley discriminated against black homeowners and violated civil rights laws by providing incentives to a subprime lender to originate mortgages that were likely to be foreclosed on.

According to a release from the ACLU, as many as 6,000 black homeowners in Detroit may have suffered similar discrimination. The complaint asks the court to certify the case as a class action.

Five homeowners in the suit received their loans from the now-defunct New Century Mortgage Corp. As Morgan Stanley built up its mortgage-backed securities business starting in 2004, it became New Century’s largest subprime loan buyer.

Morgan Stanley provided funds to New Century to originate the loans and dictated the terms of the loans it wanted. The complaint alleges Morgan Stanley pushed New Century to issue certain loans with no concern for risk. “Because minority residents in and around Detroit have been subjected to decades of housing and lending discrimination, and had fewer alternative sources of credit, they were natural targets for these predatory loans,” the ACLU’s release says.

“Morgan Stanley actively encouraged the proliferation of irresponsible subprime mortgage loans, the complaint charges, in order to feed its hunger for purchasing, pooling, and securitizing mortgage debt for sale to investors,” said Elizabeth J. Cabraser, partner at Lieff Cabraser Heimann & Bernstein and co-counsel for the plaintiffs. “The targeting of communities of color for loans that unfairly raises the risk of default and foreclosure is the quintessential ‘reverse-redlining’ outlawed by the Federal Fair Housing Act.”

The lawsuit also alleges Morgan Stanley violated the Equal Credit Opportunity Act, which bans discrimination for credit transactions, including consumer loans like mortgages.

According to the press release, one plaintiff, Rubbie McCoy, said her mortgage broker “falsified information on her loan application even though she objected.” The release says the broker also omitted details, including the fact that after two years, New Century would no longer pay the taxes or insurance on her loan.

The lawsuit is the first to connect racial discrimination to the securitization of mortgage-backed securities, the ACLUsaid. It is also the first case in which a prospective class of victimized homeowners is suing an investment bank directly rather than the subprime lender whose loans the bank bought.

While the case deals with lending discrimination in Detroit, ACLU executive director Anthony D. Romero said these practices were common throughout the financial services industry.

“With this lawsuit, real victims of the subprime lending scandal are stepping forward to hold investment banks like Morgan Stanley accountable for the devastation the banks wrought in their lives and in our economy,” Romero said. “Illegal practices surrounding mortgage-backed securities robbed people of their homes, violated our civil rights laws and left all Americans holding the bag as our economy teetered on the brink of another Great Depression.”