Volume 4 | Issue 87 | Friday, May 06, 2005
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“There is intelligence out there that if TRIA goes away, most companies will take coverage away. In fact, many terrorism [insurance] endorsements were issued from the start with the condition of TRIA so that the trigger for coverage is only if TRIA is still enforced.”
--Kathleen Dufraine, vice president of insurance financial operations at Wachovia Securities, Charlotte, N.C., discussing the Terrorism Risk Insurance Act.
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Top National News
Greenspan Backs Plan to Shrink Fannie, Freddie (Wall Street Journal)
30-Year Mortgages Down Again (Philadelphia Daily Local News)
No-Fee Mortgage Boom (New York Newsday)
Countrywide Settles Pay Suit (Los Angeles Times)
GMAC Denial Doesn't Quell Spinoff Talk (American Banker)
Experian Raises Profile by Buying LowerMyBills (Guardian Unlimited (UK))
Reward for Buying Home: Flight to Hawaii (San Jose Mercury News (CA))

Residential Finance News
Mortgage Outsourcing Poised for Sharp Growth, Study Says
UFA Default Risk Index Holds at ‘Moderate’ Levels

Commercial/Multifamily Finance News
Commercial Servicers Eye Change
DealMaker of the Day

MBA News
MBA Government Housing Finance Conference June 2-3

Spotlight: Conference
Servicers Brace for Stormy Summer

Top News
Greenspan Backs Plan to Shrink Fannie, Freddie
Wall Street Journal (05/06/05) P. A6; Ip, Greg
During a speech at a recent conference at the Federal Reserve Bank of Chicago, Fed Chairman Alan Greenspan once again voiced his support for legislation that would downsize Fannie Mae and Freddie Mac's mortgage portfolios. The economist told attendees, "Concerns about potential disruptions to swaps-market liquidity will remain valid until the vast leveraged portfolios of mortgage assets held by Fannie Mae and Freddie Mac are reduced, and the associated concentrations of market risk and risk-management responsibilities are correspondingly diminished." Rather than impose a specific portfolio limit, Greenspan agrees with the Treasury Department that the government-sponsored enterprises generally should not be allowed to hold more mortgages and securities than necessary to provide market liquidity. However, such a scale-down would enhance the portfolios of large banks and make it more difficult for home buyers to obtain long-term, fixed-rate loans, warned a spokesperson for Freddie Mac.
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30-Year Mortgages Down Again
Philadelphia Daily Local News (05/06/05)
Freddie Mac reports that the recent economic slowdown pushed the 30-year mortgage rate down for the fifth week in a row, coming in at 5.75 percent from 5.78 percent a week ago. Meanwhile, interest on 15-year loans slipped to 5.31 percent from 5.33 percent. The one-year adjustable mortgage rate, however, rose slightly to 4.22 percent from 4.21 percent. Freddie Mac chief economist Frank Nothaft notes that "low mortgage rates will ensure that housing activity will continue to flourish throughout the spring buying season."
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No-Fee Mortgage Boom
New York Newsday (05/06/05); Harney, Kenneth
With Bank of America's new Mortgage Rewards program, home buyers do not pay any lender, appraisal, credit-report, origination, processing, document preparation, courier or other "junk" fees, which instead are folded into the interest rate. BofA's ability to negotiate discount bundles with credit, appraisal and other vendors aims to save borrowers a substantial amount of money; and other large lenders are planning to follow in its footsteps. However, borrowers will have to pay for title insurance because many state laws prevent that coverage from being included in the rate; but Bank of America will offer a $200 credit at the settlement table to offset the costs and give borrowers access to low insurance rates through partnerships with Fidelity National Financial and other carriers. Prospective borrowers will receive quotes for the mortgage rate and the annual percentage rate, which the bank believes will come out ahead when compared to the rates charged by its rivals.
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Countrywide Settles Pay Suit
Los Angeles Times (05/06/05); Haddad, Annette
Countrywide Financial Corp. will pay 400 call-center employees in Southern California an average of $50,000 each to settle a lawsuit that alleges the mortgage lender violated the state's laws governing overtime pay. Although Calabasas-based Countrywide gave the workers the management title of "account executive," plaintiffs' attorneys said many of the staffers were not involved in any supervisory roles. According to chief plaintiffs' attorney Linda Dardarian, the employees claimed they did not receive any premium pay for working an average of 16 hours of overtime per week, including weekends, from 1998 to 2004. "While the company continues to believe that its original classification of account executives was lawful and that it would have been upheld at trial, it decided to settle in order to avoid the expense and uncertainty of litigation," Countrywide said in a statement regarding the $30 million settlement.
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GMAC Denial Doesn't Quell Spinoff Talk
American Banker (05/06/05); Quinn, Matthew
General Motors Acceptance Corp. confirms that it has placed its GMAC Mortgage Corp. and Residential Funding Corp. units under a holding company, dubbed Residential Capital Corp. (or ResCap), that was formed earlier this year. A spinoff is now expected by many analysts, as the holding company is in much better position to get a stand-alone rating. Standard & Poor's and other ratings agencies balked at giving ResCap a stand-alone rating until GMAC did something with ResCap, and this restructuring may have been just the move to spur such action. Moody's Investors Service Inc. analyst Mark Wasden comments, "I think it's fair to say that now that GMAC has determined they're definitively proceeding with this, it will accelerate our process of analyzing the situation."
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Experian Raises Profile by Buying LowerMyBills
Guardian Unlimited (UK) (05/06/05); Finch, Julia
Experian, the credit-checking division of retail conglomerate GUS, has purchased LowerMyBills.com, a Web-based generator of mortgage and other loan application leads in the United States. The deal for the Web site marks Experian's fourth Internet-based acquisition and its largest transaction in seven years. Established six years ago, LowerMyBills uses information entered by consumers to match them with the best financial deals in such sectors as mortgages, health insurance and debt consolidation loans. According to company sources, the $1 billion-a-year market for such services is growing at a rate of 30 percent annually--thanks in large part to anticipated growth in online mortgage origination.
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Reward for Buying Home: Flight to Hawaii
San Jose Mercury News (CA) (05/06/05) P. E4; Chandler, Michele
Web-based loan company LendingTree distributed more than 170 million frequent-flier miles in 2004 to its customers who purchased or sold a home, refinanced an existing loan, or took out a home equity line of credit. According to its estimates, roughly 5,296 closings last year generated frequent-flier awards--nearly double the number of transactions that qualified in 2002. The firm's incentive program offers 3,000 airline miles per every $10,000 of a property's total purchase price to clients who use a LendingTree-affiliated agent or 1,250 SkyMiles for every $10,000 financed to clients not working with an affiliated agent. For a borrower purchasing a $665,000 house, for example, the rewards program would provide 199,500 air miles--enough to fly round trip to Hawaii on Delta Airlines. Experts say that while customers may be seduced by the appeal of frequent-flier miles, they still should shop around for the best mortgage rate.
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Residential
Mortgage Outsourcing Poised for Sharp Growth, Study Says
MBA (5/6/2005) Sorohan, Mike
Business process outsourcing (BPO) market size for the U.S. mortgage market in India is poised to grow to nearly $1 billion over the next five years, according to a new research report.

And “BPO Opportunities in the U.S. Residential Mortgage Market,” produced by Trinity Partners, Tucson, Ariz., and Avendus Advisors, Mumbai, India, estimates that the outsourcing potential by mortgage companies has barely been tapped. The report says the offshore addressable BPO market size for the US residential mortgage ecosystem is in the range of $6 - $7.4 billion. The existing mortgage processing BPO market in India is nearly $150 million, employing 7,500.

"We believe that the future growth of BPO will be driven by an increased focus on domain-specific, vertical processes that provide not only cost savings, but other long-term benefits in the areas of productivity and capacity management for the client," said Francesco Paola, Trinity's vice president of sales and marketing.

The report states that offshore-based outsourcing is expected to generate cost savings in the range of 30-50 percent along with other long-term strategic benefits, such as enhanced productivity and reduced cycle times leading to more efficient operations and competitively positioned organizations that will manage capacity in line with market fluctuations via an extended offshore back-office.

"Increasing competition in the BPO market is forcing BPO providers to deliver more and more value to their clients each day,” said Pijush Sinha, vice president with Avendus Advisors. “In order to maintain market share and thought leadership, providers must look toward delivering higher value processes for their customers."

The report would appear to support other research confirming growth in outsourcing. Last year’s PricewaterhouseCoopers’ Management Barometer Survey showed that outsourcing or shared services is now being used by 75 percent of U.S. and European multinational companies to support their financial functions and will continue to do so over the net 12-24 months.

At the Mortgage Bankers Association’s National Technology in Mortgage Banking Conference in March, Prashant Kothari, president of String Information Services, Washington, D.C., said from a business standpoint, the decision to offshore is simple: “keep the best, make it better and outsource the rest,” he said.

Companies benefit from outsourcing by allowing the company to focus on its core competencies, Kothari said. Most mortgage firms outsource a combination of insurance, appraisals all the other services. Other items that can be outsourced include functions, processes, such as administrative or financial, mortgage banking/brokerage, such as origination services and service providers.

MBA’s 2005 Cost of Servicing Operations Study and Forum, conducted earlier this year, included questions about outsourcing. Results of the study will be presented in June in Washington, D.C.

(Jamie McAfee contributed to this story.)
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UFA Default Risk Index Holds at ‘Moderate’ Levels
MBA (5/6/2005) Sorohan, Mike
The risk of default on newly originated non-prime mortgages held steady in the first quarter, according to University Financial Associates’ (UFA) Default Risk Index.

The index for the first quarter stood at 97, compared to 96 from the fourth quarter of 2004. The index uses 100 as a baseline; numbers below 100 are generally lower to moderate in risk, while numbers above 100 suggest a higher risk of default.Capozza, Dennis

“House price appreciation remains well above trend, but the prospects for future increases are eroding. These trends cause the default risk to be moderate,” said Dennis Capozza, professor of finance at the University of Michigan and a principal at UFA, based in Ann Arbor, Mich.

The index has risen by 25 percent since 2003, but remains moderate by historical standards. Capozza said under current economic conditions, nonprime lenders should expect defaults on loans currently being originated to be “significantly higher” than the average of loans originated in 1998 to 2003 but 3 percent less than the average rate on mortgages originated in the 1990s. 

By contrast the Mortgage Bankers Association’s National Delinquency Survey for the fourth quarter 2004 showed the annual decrease in delinquency rates for subprime fixed-rate loans was down by 143 basis points (from 10.50 percent to 9.07 percent) and down 338 basis points for adjustable-rate mortgage loans (from 12.90 percent to 9.52 percent). Since last quarter, the delinquency rate for subprime FRM loans decreased 60 basis points, while the delinquency rate for subprime ARM loans decreased 70 basis points.

Doug Duncan, MBA’s chief economist and senior vice president, attributed the strong showing in part to improving economic conditions. “The U.S. economy grew at almost 4 percent in annualized real terms during the fourth quarter of 2004. Combined with the low interest rate environment, consumers improved their household finances and the percentage of homeowners making their mortgage payments on time increased to nearly 96 percent,” he said.

UFA’s analysis is based on a ‘constant-quality’ loan—a loan with the same borrower, loan and collateral characteristics. The index reflects only the changes in current and expected future economic conditions, which are less favorable currently than in prior years. 
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CREF / MF News
Commercial Servicers Eye Change
MBA (5/6/2005) Murray, Michael
CHICAGO—Change, as the Sheryl Crow song goes, “would do you good.” Most commercial servicers would be fine with that—if it means better business processes.

Berger, StaceyStacey Berger, executive vice president in the Bethesda, Md. office of Midland Loan Services, Overland Park, Kan., said incremental change begins at a departmental level with continuous improvement.

“Change becomes more significant through a divisional level with operations improvement, such as a formal, one-time project,” Berger said here at the Mortgage Bankers Association’s 2005 Commercial Real Estate/Multifamily Finance Asset Administration & Technology Expo. “From an enterprise level, reengineering can lead to a major breakthrough in change.”

X-Engineering,” Berger said, describes change beyond the scope of the company. For example, a borrower electronically sending financial statements to Midland would be X-Engineering. Under the concept, a 5 to 10 percent improvement in process costs and efficiency take place on a departmental level, 10 to 20 percent improvement takes place on a divisional level and 20 percent or more in profit and cost improvement takes place on an enterprise and beyond level, he said. 

“If you can’t quantify where you want to be in the end, you should not change [the process] just to change it,” Berger said.

Tim Mueller, executive managing director at MortgageRamp, Atlanta, said outsourcing provides more control of business rather than less, because of service deliveries. The client can leverage more tasks, acquire less risk, hit a new market and still view completed work through management software. “Some of it is scale and the number of people,” he said.

For John Shaw, managing director at CIGNA Realty Investors, Hartford, Conn., change meant outsourcing more of the high-volume functions while keeping high-touch processes in-house. “We engineer the cost and, in the end, it ends up costing less,” he said.

Joseph Beggins, CEO of GEMSA Loan Services LP, Houston, said he improves business processes through a “Six Sigma” approach to measure improvement. Beggins said the approach builds new products and processes and fixes existing processes.

The approach includes a definition of project goals, measurement of current performance and determination of customer needs and analysis of root causes for defects as well as analyzing process options to meet customer needs. To fix existing processes, Six Sigma means eliminating defects and controlling future process performance. To build a new process, it translates to a design method that meets customer demand with verification of the process.

“The adoption of technology change is not so bad for a lot of our [staff] because we are working on it everyday,” Beggins said. “Real change is driven by the people in your business.”

Leadership can help promote the change but there still needs to be acceptance from the top to the bottom of an organization. “It is very difficult to get people to buy into change,” Berger said. “They are naturally reluctant to change and they have to buy into the benefits for them individually and for the organization.”

Beggins said his formula for faster change is to multiply the quality of an idea by the acceptance of the idea. The product is an accelerated rate of change. “Most ideas for change are good,” he said. “Acceptance of the idea accelerates change.”
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DealMaker of the Day
MBA (5/6/2005) Murray, Michael
Tremont Realty Capital, Boston, arranged and structured more than $23 million in financing for retail properties in northern California, Texas and Connecticut.

The Hartford office of Tremont Realty Capital arranged $20.1 million in financing for the Rio Norte Shopping Center, a 236,524 square foot retail project in Laredo, Texas. The borrowing entity was a partnership between a real estate investment trust (REIT) and a national investor. Rio Norte Shopping Center, anchored by Linens-N-Things, Office Max, and Toys “R” Us, was acquired by the partnership in 2004. “The borrower is adding additional space to the center and wanted a loan with some flexibility,” said Stephen Henderson, a senior director with Tremont’s Hartford office.

Henderson arranged the 3-year, non-recourse, floating rate loan with two extensions, through an undisclosed national bank. The loan was 80 percent LTV, had no reserves to the borrower and provided an earnout provision. “The borrowing entity had some rigid requirements created by the partnership of the REIT and the investor,” Henderson said. “Tremont was able to negotiate some unique problems to satisfy both the borrower and the bank.”

Henderson also structured financing for the acquisition of Queen Bee Plaza, a 65,752 square foot multi-tenant retail property in Southington, Conn. Its major tenants include Ocean State Job Lot (24,684 square feet) and a local health club (12,000 square feet).

Tremont arranged the $3.75 million loan, funded through an undisclosed regional bank. The three-year, non-recourse loan provided roughly 78 percent LTV with a floating interest rate. The property was 81 percent occupied at the time of closing. “The borrower looked to Tremont to structure a loan that would both maximize proceeds and maintain flexibility, which was important given the vacancy on the property," Henderson said.
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MBA News
MBA Government Housing Finance Conference June 2-3
MBA (5/6/2005) Doyle, Tim
Government homeownership programs offer an opportunity to round out your portfolio and reach new markets. Learn how to make the most of these programs as Federal Housing Administration (FHA), Veterans Affairs (VA) and Rural Development officials explain recent program changes at the Mortgage Bankers Association’s FHA/VA/USDA Government Housing Finance Conference, June 2-3 in Washington, D.C.

Network with lenders and gain knowledge of how they make these programs work. The conference will feature key updates on the following issues:

Government housing and specialty product programs
Credit and appraisal policies
Endorsement and complianceissues

Speakers include Keith Pedigo, director of the Loan Guaranty Service at the VA; Russell Davis, administrator of the Rural Housing Service; and an official from the Federal Housing Administration to be determined.

Breakout sessions on June 2 examine Credit Policy/Underwriting; Selling Government Housing Finance Products; Getting Your Loans Endorsed or Guaranteed; FHA and VA Appraisal Issues; and a discussion with FHA’s Homeownership Center Directors, featuring panelists Ron Bailey of the Denver Homeownership Center; Joe Bates of the Santa Ana Homeownership Center; Charles Gardner of the Atlanta Homeownership Center and Engram Lloyd of the Philadelphia Homeownership Center. Tim Doyle, a director with MBA’s Government Affairs office, will moderate this session.

On June 3, breakout sessions discuss Managing Audits and Avoiding Indemnifications; Using Neighborhood Watch/Avoiding Credit Watch; and Specialty Product Sessions on Renovation Lending, Reverse Mortgages (HECMs) and Section 502 Guaranteed Housing Products.

The conference takes place at the Capital Hilton, 16th & K Streets, Washington, D.C. 20036. Program registrants are responsible for making their own hotel reservations by calling 1-800-HILTONS or 202/393-1000. Conference room rates start at $169 for single or double per night. MBA has also arranged airfare and car rental discounts.

For more information, go to the Conference Web Site at http://events.mortgagebankers.org/fha2005/default.html.
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Conference
Servicers Brace for Stormy Summer
MBA (5/6/2005) Murray, Michael
CHICAGO—Dark skies are threatening commercial servicers, both figuratively and literally.

Insurance companies and commercial servicers are preparing for the Terrorism Risk Insurance Act of 2002 (TRIA) to sunset at year’s end, even as the Mortgage Bankers Association and other trade groups work with Congress to extend its provisions. Also looming on the horizon: a busy predicted hurricane season that threatens to equal or even exceed last year’s performance.
 
Kathleen Dufraine, vice president of insurance financial operations at Wachovia Securities, Charlotte, N.C., said commercial interests face tough battles this year on both fronts. Industry support for TRIA, which provides a federal backstop for terrorism insurance, is under threat from consumer groups and from the Congressional Budget Office.

“The opposition basically feels that the insurance industry can afford this exposure. I simply ask how,” Dufraine said this week here at MBA’s 2005 Commercial Real Estate/Multifamily Finance Asset Administration & Technology Expo. “Currently, there is roughly $50 billion in the P&C [property and casualty] sector. Risk modelers out there have come up with figures like $182 billion. This simple math just tells you that this insurance number is a little short.”

Under TRIA, the federal government supplements insurance company claims on property and casualty loss over a certain percentage. After September 11, 2001, without TRIA, commercial property owners faced policies with terrorism exclusions or exorbitant fees to purchase terrorism insurance. Commercial servicers insisted on terrorism insurance in policy renewals and some loans moved to special servicers without the proper insurance. Meanwhile, ratings agencies threatened to lower ratings on commercial mortgage backed securities (CMBS) pools without terrorism insurance.

“There is intelligence out there that if TRIA goes away, most companies will take coverage away,” Dufraine said. “In fact, many terrorism [insurance] endorsements were issued from the start with the condition of TRIA so that the trigger for coverage is only if TRIA is still enforced.”

While some companies issue new endorsements with sunset clauses, other companies are writing short term policies that will expire at the end of 2005, Dufraine said.

MBA supports legislation that would extend TRIA through December 2007. MBA is a member of the Coalition to Insure Against Terrorism (CIAT), which seeks a long term solution to the issue after TRIA’s extension.

S. 467, the Terrorism Insurance Backstop Extension Act of 2005, was introduced in February by Sens. Christopher Dodd, D-Conn., and Robert Bennett, R-Utah. The bill would reauthorize and extend the federal terrorism reinsurance program provided by TRIA. In March, H.R. 1153 was introduced by Reps. Tom Capuano, D-Mass.; Steve Israel, D-N.Y.; Barney Frank, D-Mass.; Paul Kanjorski, D-Pa.; and Joseph Crowley, D-N.Y. That bill also proposes to extend TRIA.

the U.S. Chamber of Commerce, the insurance community, the commercial real estate and lending communities, and Federal Reserve Chairman Alan Greenspan all support a TRIA extension. “There are [many] people that do believe that TRIA should be extended,” Dufraine said.

Rays of hope lie in the standard fire policy, Dufraine said. Most terrorist acts involve fire and contract language states that fire will always have coverage “regardless of the proximate cause of the damage,” she said. “We can also feel somewhat comfortable that some states will not allow for exclusionary language.”

The bottom line, however, is that without the capacity to handle exposure for acts of terrorism, “our market will dry up significantly and we will be back to where we were pre-TRIA,” Dufraine said.

TRIA’s language said the Treasury Department must submit a market survey on TRIA to Congress no later than June 30. Congress is waiting on the survey before making a determination as to TRIA’s extension and a possible long term solution to terrorism insurance in the property and casualty sector. Dufraine noted that

June also marks the beginning of the Atlantic hurricane season, through November 30. Tropical Storm Risk (TSR), led by the Benfield Hazard Research Centre at University College London, gave a “76 percent probability” in February of an above-normal Atlantic hurricane season with eight hurricanes for the Atlantic basin as a whole and four intense hurricanes. The National Hurricane Center goes further, predicting 13 total storms and four major hurricanes.

TSR claims the upsurge in hurricane activity will continue in Florida from last summer’s four hurricanes that hit the state. “A borrower cannot bind coverage during hurricane season so they better have it before June first because the underwriters are probably not going to give it to them after that,” Dufraine said. “Those were very challenging times [in 2004] so be aware. Coverage is not bound when a hurricane is facing landfall.”

Dufraine said a busy hurricane season could spur a “tremendous drain on cash,” especially in Florida. Deductibles in Florida are percentage deductibles and many properties were hit with percentage deductibles in the last storm season.

Dufraine said the deductibles for hurricanes in Florida will remain per occurrence. “Two storms, two deductibles,” she said. “Some deductibles may even be higher on this renewal period. Check in with borrowers to make sure that the coverage is adequate and their deductibles are within their reach. Pray you don’t have a lot of properties in Florida because I think it’s going to get hit again pretty bad this year.”

Bernie Brown, president of Insurance Advisors LLC, Stamford, Conn., said reinsurance companies in Bermuda that raised capital after September 11 are more aggressive on windstorm pricing and property insurance because of percentage deductibles. Single-family homes were also hit harder than commercial real estate last year in Florida. Brown noted that most reinsurance companies are smaller than primary insurance companies and mindful of exposure. “Pricing is not as bad as one would, otherwise, intuitively think,” Brown said.

Brown said one of the biggest flaws in TRIA is that the federal government did not back up the reinsurance industry as well as the primary insurance industry. “It would create more capacity for reinsurers and they would learn more about [terrorism insurance], start pricing it and add more capacity in the event of TRIA expiration,” Brown said.
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