
Volume 4 | Issue 134 | Thursday, July 14, 2005
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"MBA does not believe the private market is currently prepared to provide an adequate supply of affordable terrorism insurance and reinsurance without government involvement. TRIA must be extended. The failure to extend TRIA in the short term, to permit more time for the development of a thoughtful long term solution, could result in significant breakdowns in the commercial real estate finance industry and other markets."
--MBA Chairman Michael Petrie, CMB, in a letter to congressional leaders yesterday urging extension of the Terrorism Risk Insurance Act.
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Top National News
Residential Finance News
Subdued Import Price Inflation and Improving Trade Gap
HUD Holds First RESPA Roundtable Today
People in the News
Commercial/Multifamily Finance News
Businesses Favor Space at Proposed World Trade Center
DealMaker of the Day
MBA News
Next MBA State Legislative/Regulatory Exchange July 20
MBA NewsLink Reprint Policy
Spotlight: Commercial/Multifamily
House Examines Treasury TRIA Report
Housing Gets Even Less Affordable
Wall Street Journal (07/14/05) P. D1; Simon, Ruth
That the cost of buying a home in America increasingly is drifting out of reach is clear, given statistics showing that incomes are not keeping up with residential appreciation and that median-priced properties in 41 of 325 U.S. metropolitan areas are not affordable to workers earning the median income. Borrowers until recently have used creative financing, specifically flexible adjustable-rate mortgages and interest-only products, to leverage the purchase of pricey houses; but new research suggests that a slowdown in these innovative home loans may be on the horizon. While a study by Bear Stearns Cos. finds that these financing options have helped drive down initial monthly mortgage payments since 2002 on jumbo loans--those for more than $359,650--the investment bank reports that this figure jumped to $2,338 in the first quarter of this year from $2,060 in the 2004 fourth quarter. Some lenders are trying to sustain interest in creative financing by setting the initial payments for longer terms or by attempting to manage the spike in payments borrowers face once their payment adjusts; but finding new strategies for lowering payments could present a challenge, and the end result could be a deceleration in residential price growth.
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First American Settles HUD Dispute Over Title Affiliates
Los Angeles Times (07/14/05) P. C2; Haddad, Annette
Santa Ana, Calif., title insurer First American Corp. denies any wrongdoing or liability with regard to the Real Estate Settlement Procedures Act but will pay $680,000 as part of a settlement with HUD. According to the agency, First American--acting under the name Memphis Title Co.--set up eight title firms affiliated with builders, real estate agents and mortgage brokers in Tennessee; but the companies were then compensated for title and settlement work that was performed by First American. HUD contends that the payments were made in exchange for client referrals, and that the title firms were not legitimate affiliated businesses. First American also agreed to end all operations involving these business affiliations.
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ARMs Race Cooling Off as Rates Rise
USA Today (07/14/05) P. 1B; Block, Sandra; Kirchhoff, Sue
The Mortgage Bankers Association reports that adjustable-rate mortgages (ARMs) made up 27.9 percent of home loan applications last week, the smallest share since March of last year. The group confirms that interest rates for ARMs have been on the rise since the beginning of the year, while borrowing costs for fixed-rate mortgages are lower than a year ago. Rates for the two products are so close now "that the benefit of doing an ARM isn't as great as it had been," explains Quicken Loans CEO Bill Emerson. The National Association of Realtors, meanwhile, reports that lower-than-anticipated interest rates and economic expansion will contribute to another banner year for home sales in 2005.
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MGIC Investment Net Up 13 Percent
MarketWatch (07/14/05); Gelsi, Steve
Private mortgage insurer MGIC Investment Corp. reports that it wrote $16.6 billion in new policies during the second quarter, up from $16.1 billion a year earlier. The additional business helped to drive its net income for the three-month period up as well. The Milwaukee-based carrier posted net income of $174.4 million, or $1.87 per share--a gain of 13 percent from $1.56 a share during last year's second quarter and well ahead of analysts' projections of $1.52 a share. Revenue at the company, meanwhile, dipped 2 percent to $395 million but still outperformed analysts' estimates of $381 million.
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Man Admits to Identity Theft in a Complex Mortgage Scheme
New York Times (07/14/05) P. B5; Mead, Julia C.
A man who orchestrated an identity theft and mortgage scheme in New York has pleaded guilty to attempted first-degree grand larceny and first-degree scheme to defraud. Sam Hilany, 35, admitted to obtaining mortgages for nine properties--most of them in Brooklyn--using stolen identities, falsified and inflated property appraisals and "straw buyers" that he paid as much as $15,000 to participate in the scam. Although six accomplices were charged last June and pleaded guilty earlier in the year, Hilany fled to Israel, Germany and Mexico before he was returned to the United States this January. He is expected to be sentenced in September to six years in prison for his role in the scheme that took in $3.1 million.
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LoanGiant Sloppy on Paperwork, Examiner Testifies
Detroit Free Press (07/14/05); Norris, Kim
On Wednesday, Michigan state examiner Matt VanVleck testified that LoanGiant.com misrepresented cash disbursements to consumers and neglected to maintain and provide documents required by law. VanVleck, examination manager for the Office of Financial and Insurance Services, was the first witness called during administrative hearings to decide whether the online mortgage lender should be permitted to go on writing and selling mortgages and refinancing loans as it has done for more than a decade. The state issued a cease-and-desist order early last fall against LoanGiant.com and WorldWide Financial Services, the Web site's owner, following an extensive probe that resulted from a barrage of consumer complaints. In addition to misrepresenting financial data and failing to maintain records as required, LoanGiant also is alleged to have improperly qualified borrowers for loans and to have falsified documents.
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| Subdued Import Price Inflation and Improving Trade Gap |
MBA (7/14/2005) Velz, Orawin
Inflation from imports was tame in June. Import prices rose by 1.0 percent, largely from a surge in crude oil prices. Non-petroleum import prices fell for the second consecutive month—a first for this year and the first back-to-back drops since April and May of 2003. The decline reflected both the dollar’s recent strength and a pullback in elevated prices of some industrial supplies and consumer goods.
There is also more good news from international trade activity. After hitting a record $60.1 billion in February, the trade deficit has been gradually improving. The trade deficit narrowed to $55.3 billion in May from April’s $56.9 billion, largely a result of declining oil prices. The healthy deficit figures in April and May suggest that economic growth in the second quarter was stronger than previously projected.
In yesterday’s speech, Philadelphia Fed President Anthony Santomero was less optimistic on international trade. He noted that while trade numbers have generally surprised on the upside over the past three months, disappointing growth in major trade partners and increased oil prices suggest that the trade deficit may continue to widen. He lowered his forecast of economic growth to the lower end of the 3.5-to-4.0 percent range from the upper end projected previously. He also continued to see a “measured” pace of monetary tightening.
Santomero also remarked about the innovation in the mortgage market. Although there has been increased use of option ARMs and interest-only mortgages in the market, he said that they account for only a small portion of the debt outstanding. (According to the Office of Federal Housing Enterprise Oversight’s estimate released yesterday, the share of single-family mortgage debt outstanding that is adjustable rate mortgages was 17.1 percent in 2004).
Santomero also said that these products have tended to be offered to the “more creditworthy” segment of the market. As short-term rates continue to rise, he argued that more households than in the past will be exposed to interest rate risk. In his opinion, most consumers understand the risk exposure and should be able to handle it, and, overall, households’ balance sheets are healthy.
There was not much reaction to the bond market from yesterday’s economic reports and the speech. The yield on 10-year Treasury notes edged up just a tad to 4.16 percent by mid Wednesday afternoon from 4.15 percent at Tuesday closing.
(Orawin Velz is director of economic forecasting in the Mortgage Bankers Association’s economics and research department. She provides commentary and analysis on key monthly economic indicators. She can be reached at ovelz@mortgagebankers.org.)
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| HUD Holds First RESPA Roundtable Today |
MBA (7/14/2005) Sorohan, Mike
HUD hosts the first in a series of roundtable discussions on improving the home-buying process, today. The forum takes place from 12:30 – 5:00 p.m. EDT at HUD's headquarters in Washington, D.C. The Mortgage Bankers Association is scheduled to participate in this session.
The event is designed to receive input from consumers and industry professionals on how to improve the mortgage settlement process, particularly the Real Estate Settlement Procedures Act (RESPA). HUD Secretary Alfonso Jackson last month announced that HUD would undergo another attempt to reform RESPA, although he has not provided specific details.
MBA Senior Vice President for Government Affairs Kurt Pfotenhauer said MBA welcomes the opportunity to participate in today’s roundtable. "In response to consumers, lenders are already taking steps to make the mortgage process simpler and more transparent. We look forward to working with HUD and other stakeholders to move that process forward,” he said.
RESPA became law in 1974 to provide consumers with advance disclosures of settlement charges and to prohibit illegal kickbacks and excessive fees in the home buying process. A previous attempt to reform RESPA, initiated by then-HUD Secretary Mel Martinez, generated more than 45,000 comment letters. MBA withdrew support for the proposes rule, saying it could not support the Martinez proposal because as designed it would have created more, instead of less, confusion for the home buyer and regulatory burdens for lenders. In March 2004, HUD withdrew the RESPA proposal for further review and analysis.
Six roundtables are scheduled; future Washington roundtables will take place July 28 and August 18. Additionally, three field sessions will take place July 21 in Los Angeles; August 4 in Chicago and August 11 in Fort Worth, Texas.
MBA NewsLink will provide coverage of today’s roundtable.
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| People in the News |
MBA (7/14/2005) MBA Staff
Community Mortgage Group Inc., Denver, promoted Todd Binkley to national director of business development. In this role, Binkley will direct development and integration of new wholesale, retail, and affiliate branch offices for the company.
Before joining CMG in August 2004 as the national director of retail production, Binkley started on the ground floor of the mortgage business in 1992. Between 1993 and 2000, he became an owner at Reliance Home Mortgage in Houston and worked in a variety of roles as an originator, trainer and speaker. In 2001, Binkley was a sales manager with Professional Mortgage Alliance in Denver, where he was responsible for the day-to-day management, training and marketing of 32 loan officers.
American Guardian Home Loans, Lake Forest, Calif., appointed Daniel Huss as vice president of operations. Huss is responsible for overseeing daily operations of the company’s mortgage lending platform; additionally, he assists in development of policies and procedures to serve American Guardian’s broker network.
Huss has more than 15 years of sales and management experience in the mortgage industry. Prior to joining American Guardian, he worked as assistant vice president and operations manager for Mortgage Select in Laguna Hills, Calif. Huss was also assistant vice president and branch operations manager at Headlands Mortgage Co. (currently Greenpoint Mortgage), in Santa Ana, Calif.
Sperry Van Ness, Irvine, Calif., expanded in the Northern Colorado commercial real estate market by naming Tom Howard as senior advisor. His office is located in Fort Collins, Colo.
With 20 years of commercial real estate experience, Howard specializes in the sale and lease of commercial properties. Prior to joining Sperry Van Ness, Howard served as a business development manager for Hall-Irwin, a Northern Colorado real estate construction company. Previously, Howard was the South and Latin American real estate manager for the Hewlett-Packard Co.
Sperry Van Ness also announced its expansion in the Philadelphia commercial real estate market by naming Mark Berk as senior advisor.
With 30 years of commercial real estate experience, Berk specializes in the sale of income producing properties. Prior to joining Sperry Van Ness, Berk served as senior vice president for Albert M. Greenfield & Co. Inc. Commercial Real Estate, where he was responsible for investment sales nationwide.
Bulls Capital Partners LLC, Vienna, Va., hired Patrick McMahon as senior vice president and senior deputy chief underwriter and Andrew Ellis as vice president of underwriting and production.
McMahon is responsible for management of the underwriting department, oversight of loan pricing and sizing and the underwriting and delivery of loans for Fannie Mae purchase. His 30 years of experience in commercial mortgage underwriting include posts as senior underwriter and vice president at Prudential Mortgage Capital Co. and as senior underwriter at Reilly Mortgage.
Ellis has 12 years of real estate finance experience. Prior to joining Bulls Capital Partners, he served as loan officer at Meridian Capital Group LLC. Previously, he was an underwriter at AMI Capital/Wachovia Multifamily Capital Markets.
Realty Data Corp., Garden City, N.Y., appointed Jamie Giorello as business development strategist and sales executive.
Giorello comes to RDC with 10 years of sales experience in the field of automated databases. She was a sales executive with Zenodata Corp. for the past two years. Prior to that, she was a national account representative with LandAmerica Financial Group for eight years, spending two years of that period with the company’s online property information service, RapidTract. She also has experience with a large real estate brokerage and has worked directly with the settlement and closing process.
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| Businesses Favor Space at Proposed World Trade Center |
MBA (7/14/2005) McAfee, Jamie
New York is still figuring out the concept of what should be placed at the World Trade Center site.
Many plans call for commercial spaces be included with a memorial. But how would businesses respond to the being at such a location? Pretty favorably, according to to a survey by Atlanta-based CoreNet Global.
More than 75 percent of respondents said they would consider occupying space in the new building if the cost was less than or on par with other New York buildings. However, 13 percent said that their employees would not be comfortable working at the site, while another 48 percent were not sure if their employees would be comfortable.
The majority, 93 percent, of respondents thought the site of the former World Trade Center should be used for both a memorial and commercial office space. Respondents also weighed in on whether the design of an appropriate memorial would be a factor in leasing space—49 percent said yes, 32 percent said no and 19 percent were unsure if it is a factor.
Most respondents, 82 percent, said that the current real estate market would support redevelopment of the World Trade Center site. The survey also found 36 percent of the respondents plan on increasing the net amount of office space they currently occupy.
The majority of companies said they are planning to maintain or increase occupancy over the next six months. Thirty-six percent are planning a net increase for space occupied, 15 percent are planning a net decrease and 50 percent are maintaining the same levels of office space occupancy. More than 70 percent of respondents were planning to maintain the same levels of industrial space, while 11 percent were planning a net increase in industrial space and 11 percent a net decrease.
The survey was conducted June 6 through June 30 with 136 responses. Fifty percent of respondents had a portfolio of fewer than 1.5 million square feet, 24 percent had a portfolio between 1.5 million and 10 million square feet, 14 percent had a portfolio greater than 10 million but less than 30 million square feet, and about 10 percent had a portfolio greater than 30 million square feet.
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| DealMaker of the Day |
MBA (7/14/2005) Murray, Michael
Collateral Mortgage Capital LLC , Birmingham, Ala., closed two first mortgage loans totaling $12.85 million, secured by Glendale Market Shopping Center in Glendale, Wis. The transaction was funded by Nationwide Life Insurance.
The refinance, a 12-month forward, consists of two loans. The first loan of $10.75 million features a 25-year amortization schedule. The second loan, used to fund the purchase of an Environmental Tax Increment Financing (ERTIF) of $1.75 million, amortizes over 15 years.
"These loans will be used to pay off an existing construction loan," said Pat Dempsey , managing director at Collateral. "Collateral underwrote the transaction with a note rate in the low 6 percent range, a loan-to-value of 75 percent and debt service coverage (DSC) of 1.26x."
The 74,331 square foot retail center includes three separate buildings. It is anchored by a Pick’n Save grocery store, part of Roundy’s Inc. The property is 7.5 miles directly north of downtown Milwaukee.
“Anchor tenant Pick ‘n Save controls over 60 percent of the grocery market in this area," Dempsey said.
Meanwhile, Collateral funded a first mortgage loan, totaling nearly $18.64 million secured by Paradise Hills Apartments, an affordable multifamily housing community in Fort Worth, Texas. “This refinance was funded through Collateral’s Fannie Mae Convertible loan product. Key to the transaction was Collateral’s ability to successfully underwrite higher loan proceeds,” said Phil Melton, director at Collateral.
“Collateral was able to underwrite the affordability restrictions of the community which set aside 20 percent of the units to those residents earning 50 percent of AMI [area median income], along with 75 percent of the units to residents earning 80 percent of AMI,” said Colin Whittier, senior real estate analyst.
Cost concerns and an expiring bridge loan were two challenges Collateral faced on the deal but overcame them by adjusting the structure of the deal from a Fannie Mae Credit Enhanced Bond financing to a Fannie Mae Convertible ARM.
The note rate is based on floating rate over one-month LIBOR, with a loan-to-value of 75.78 percent and a DSCR of 1.29x. The deal carries a 10-year term, with one-year interest-only, and a 29-year amortization period.
Amenities to the 12-acre, 321-unit community include built-in computer desks and bookshelves, garden tubs, crown molding, built-in wine racks, full-size washer/dryer connections and ceiling fans. The outside has patio/balconies with outside storage. Select units feature vaulted ceilings and fireplaces.
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| Next MBA State Legislative/Regulatory Exchange July 20 |
MBA (7/14/2005) Percynski, Beth
The Mortgage Bankers Association’s next State Legislative & Regulatory Committee Monthly Exchange call is scheduled for Wednesday, July 20th at 3:00 p.m. EDT.
For additional information please contact Beth Percynski at 202-557-2866 or bpercynski@mortgagebankers.org. This call is open to MBA members only and is closed to the media.
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| MBA NewsLink Reprint Policy |
MBA (7/14/2005) MBA Staff
Articles appearing in MBA NewsLink are available as reprints for a nominal fee. Reprints are done on quality paper or can be sent electronically as a .pdf file. Reprints can be distributed to your employees, to illustrate presentations or for other communication purposes.
For reprint information on stories in MBA NewsLink, contact Al Esposito at 1-800-394-5157, extension 28.
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| House Examines Treasury TRIA Report |
MBA (7/14/2005) Sorohan, Mike
The House yesterday held the first of two hearings scheduled on Capitol Hill this week to examine the Treasury Department’s recent report on the Terrorism Risk Insurance Act. In tandem, the Mortgage Bankers Association submitted letters yesterday to leaders in both the House and Senate asking for an extension of TRIA’s provisions and a permanent solution to a federal terrorism insurance backstop.
Treasury Secretary John Snow appeared before the House Financial Services Committee. He told the committee that the Treasury report confirmed that TRIA was “well-designed and its goals well-achieved” but that the market has developed into a “further state of maturation and development in which the private sector can take on a greater role” in accommodating the risks of terrorism insurance.”
“We’re encouraged that the private sector will continue to expand, and the role of the government and the taxpayer can recede,” Snow said.
The hearing comes in the wake of a series of terrorist attacks in London that targeted the city’s transportation infrastructure. More than 50 people were killed. It also comes as a USA Today poll found that 55 percent of Americans believe that a terrorist attack could occur in the U.S. within the next three weeks.
Snow said that TRIA was intended to be a “temporary” solution. “The report finds that TRIA has been effective in meeting its goals of supporting the industry during a transitional period and stabilizing the private insurance market,” he said. “Consistent with TRIA’s design to encourage the development of the private market, the Administration opposes a straight extension of the program. Extending TRIA in its current form is likely to discourage the private market development needed to deal with the risk of terrorism. The Administration has outlined principles that any extension should recognize and we look forward to discussions with the Congress on them.
While committee chairman Michael Oxley, R-Ohio, and Capital Markets subcommittee chairman Richard Baker, R-La., expressed cautious support for Snow’s comments, committee Democrats sounded deeper concerns. The committee’s ranking Democrat, Rep. Barney Frank, D-Mass., said the market was still to unstable for the federal government to pull back at this time.
“There are buildings out there that would suffer greatly without a federal backstop for terrorism insurance. We have to move quickly,” Frank said. “We need to give people out there who are building the assurance that this program will remain in place.”
Oxley said that he felt an “enormous responsibility” to move forward with a bill this year. “At the end of the day, this chairman is going to deliver a bill, and we’ll work with the Treasury and anyone else who has a stake in this. Anything else would be a big mistake,” he said.
In the letters to the Hill, MBA Chairman Michael Petrie, CMB, noted that MBA members bear the “lion’s share of the financial risk associated with property damage or destruction”—the single largest share of real estate outstanding in all markets.
“The members of MBA provide over 70 percent of the nation’s residential mortgages and the vast majority of its commercial mortgages,” Petrie said. “TRIA’s effect is therefore a crucial issue for MBA’s members, especially commercial mortgage servicers whose function includes receipt of payments, customer service, escrow administration, investor accounting, collections, foreclosures as well as ensuring that properties have necessary insurance coverage in place. Mortgage lenders typically place debt in an amount equivalent to 80 percent of the property’s value while the owner’s share is limited to a 20 percent equity position. As a result, the greatest risk for property and casualty events is effectively absorbed by the commercial real estate finance industry.
Petrie reminded the Hill leaders that following the terrorist attacks of September 11, 2001, insurance coverage for potential losses from terrorism was largely unavailable and, when available, extremely expensive and often inadequate.
“MBA stood with the Congress and President Bush to pass TRIA in November 2002. The need for TRIA was compelling then and continues to be now,” Petrie said. “Terrorism insurance is a necessary component in today’s society evidenced by the fact that a majority of our members require legal documents to provide for coverage when closing commercial mortgage transactions. This required coverage assures marketplace stability and continuity for the commercial real estate finance industry. TRIA and terrorism insurance are essential to defending America against the physical and economic consequences of an attack.
In the spring of 2004, MBA released a study on TRIA which demonstrated that terrorism coverage is both widely required and, because of TRIA, widely available. MBA surveyed loan administrators who serviced more than $656 billion of the then-$2 trillion in commercial real estate debt outstanding. The survey showed that 94 percent of that $656 billion required terrorism insurance. It also found that 84 percent had terrorism insurance in place. The 10 percent of commercial/multifamily debt for which terrorism insurance is required, but was not in place, included properties for which the servicer and borrower were working to place coverage, properties for which the requirements have been waived and some properties that may have “all-risk” coverage that have been deemed to include terrorism coverage, but for which an explicit statement of terrorism coverage does not exist.
Federal Reserve Chairman Alan Greenspan noticed this spring that there exists “regrettable instances in which markets do not work, cannot work. I have yet to be convinced that the terrorism insurance market can be made to work.”
Petrie said that MBA “does not believe the private market is currently prepared to provide an adequate supply of affordable terrorism insurance and reinsurance without government involvement. TRIA must be extended. The failure to extend TRIA in the short term, to permit more time for the development of a thoughtful long term solution, could result in significant breakdowns in the commercial real estate finance industry and other markets. When commercial insurance carriers excluded terrorism insurance coverage prior to TRIA’s enactment, the risk of a catastrophic terrorism loss shifted from the commercial insurance industry to the commercial real estate finance industry.”
For this reason, Petrie continued, lenders and loan servicers who bear a fiduciary responsibility, as described in transaction legal documents, to investors and funding sources, have the greatest “standing” among all industries in assuring broad availability and affordability of terrorism insurance.
“Commercial real estate lenders and their servicing firms are likely to experience operational difficulties with regard to their existing portfolios if TRIA is not extended,” he said. “The extension of TRIA is needed urgently, well before its December 31, 2005 expiration date. To do less would be to compromise our vigilance against terrorism, to cast a shadow across America’s economic stability, and to fail to secure our nation against the physical and economic consequences of another attack. Congress must act now to provide certainty that terrorism insurance will be available into next year."
The Senate Banking Committee holds a similar hearing today at 10:00 a.m. EDT. Snow is scheduled to appear before that committee as well.
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