
Volume 4 | Issue 141 | Monday, July 25, 2005
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“The apparent froth in housing markets appears to have interacted with evolving practices in mortgage markets. The increase in the prevalence of interest-only loans and the introduction of more-exotic forms of adjustable-rate mortgages are developments of particular concern. To be sure, these financing vehicles have their appropriate uses. But some households may be employing these instruments to purchase homes that would otherwise be unaffordable, and consequently their use could be adding to pressures in the housing market.”
--Federal Reserve Chairman Alan Greenspan, in testimony before Congress last week.
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Top National News
Residential Finance News
Unpegged Yuan, Strong Economic Data Spike Long-term Yields
People in the News
Residential Briefs
Commercial/Multifamily Finance News
Commercial Briefs
DealMaker of the Day
MBA News
Path to Diversity Application Deadline Friday
Spotlight: Washington
MBA Advocacy Update
Washington: The Week Ahead
Small Steps, Bigger Doubts on GSE Bill
American Banker (07/25/05); Blackwell, Rob
Later this week, Senate Banking Committee Chairman Richard Shelby, R-Ala., is expected to call a vote on his bill to create a new regulator for Fannie Mae and Freddie Mac. The expected result, an 11-9 approval along party lines, likely will not be enough to convince the full Senate to vote on the measure this year. After their usual August adjournment, Senate legislators will return the following month and likely will focus on such hot-button issues as the new Supreme Court nominee and Social Security reform. Moreover, with Democrats united against certain provisions of the legislation regulating the two government-sponsored enterprises, significant changes probably will be required before any movement takes place.
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Yuan Move Might Stir Big Ripples
Wall Street Journal (07/25/05) P. C1; Browning, E.S.
China's recently announced plans to re-evaluate its yuan currency have left analysts contemplating the implications for U.S. markets--specifically Treasury bonds and the housing sector. With the yuan tied to several foreign currencies and the value of the dollar dropping, China could be less inclined to purchase dollars as a way of keeping the yuan down. Fewer Treasury bond purchases by China, in turn, would drive bond prices down and boost yields--which, subsequently, would increase borrowing costs for residential and some corporate customers. PNC Advisors chief investment strategist Jeffrey Kleintop predicts that China's currency-management shift "could start that significant move higher in interest rates that could ultimately curb housing activity"--although he estimates that the 10-year Treasury yield, currently at 4.22 percent, would have to exceed 5.5 percent before having a serious impact on mortgage demand.
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New Tool Allows Loan Officers to Help Improve Clients Credit Scores
Originator Times (07/25/05); Detweiler, Gerri
Experian-Scorex's ScoreRight product makes it easier for loan officers to help borrowers boost their credit scores by comparing reports from all three credit bureaus and showing how certain actions impact the individual scores. The Web-based service lists the four main factors holding back the scores as well as the leading four positive factors affecting the numbers. Though ScoreRight is based on Experian Plus scores instead of the traditional FICO score, Experian-Scorex product development director Matt Schwab notes that there is "a strong correlation between Scorex Plus and other scores." Among other objectives, ScoreRight aims to educate borrowers about credit scoring, create loyal customer relationships and enhance operational efficiencies.
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Keefe Bruyette Indexes to Track Mortgage Firms
Wall Street Journal (07/25/05) P. C3
Keefe, Bruyette & Woods plans to take advantage of rising housing prices by introducing a new index that tracks the stocks of two dozen lenders, insurers, banks and thrifts that are heavily involved in the mortgage market. The KBW Mortgage Finance Index is expected to attract the interest of Wall Street firms that want to use it to hedge against other real estate holdings. Tom Michaud, vice chairman of the boutique brokerage firm, says the housing boom could end but that hedging should keep the mortgage index active. "Our index can be used by these sorts of investors whether prices are going up or down, so that should help it hold up no matter what happens," he explains. The firm also is introducing its KBW Regional Banking Index, including 50 banks with market capitalizations of between $1 billion and $10 billion, that will compete with the publicly traded Merrill Lynch Regional Bank Holders Trust.
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Looking Behind Curtain in Home-Loan Practices
Birmingham News (AL) (07/25/05)
The National Community Reinvestment Coalition reports that of all the conventional loans made to African Americans last year, more than 29 percent were subprime. That compares to about 10 percent for whites, based on the poll of 15 large lenders. What is not certain is why this disparity has occurred, and Rep. Artur Davis. D-Ala., is asking questions about fair treatment. In order to determine whether the difference is the result of racial discrimination or simply legitimate financial considerations, the Democrat and his Republican counterpart in the state, Rep. Spencer Bachus, R-Ala., want the Federal Reserve to collect more information on subprime borrowers--including credit histories, debt-to-income rations and down payments.
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More Banks Expected to Offer Illegal Immigrants Mortgages
Mohave Daily News (07/25/05)
Illegal immigrants residing in metropolitan Phoenix, Ariz., now have access to mortgages, provided that they have an Internal Revenue Service taxpayer ID number, a two-year employment history and a decent credit rating. Banco Popular North America of New York and Alabama's New South Federal Savings Bank are providing such mortgages to Phoenix residents, and the National Association of Hispanic Real Estate Professionals expects other banks to follow suit. Many small banks are using these loans to forge loyal customer relationships and reach out to a group they believe is largely underserved; but many larger lenders are hesitant to enter the market just yet, as Fannie Mae and Freddie Mac do not yet purchase and sell these loans on the secondary market. While there is no state or federal law to prevent lenders in Arizona from financing undocumented residents, the trend has raised the ire of illegal-immigration critics such as state Rep. Russell Pearce, R-Mesa, who intends to roll out legislation to block such mortgages.
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S.F. Homeownership Battle Escalates
San Francisco Business Times (07/25/05); Calvey, Mark
Tenancy-in-common (TIC), or shared ownership of a multi-unit dwelling, is being promoted in the San Francisco area as a means of making homeownership more affordable to middle-class residents. E-Loan is testing the waters by offering individualized mortgages to facilitate the purchase, refinance and sale of TIC units. Lenders have long balked at offering financing for such units because borrowers traditionally have taken out a single loan, making them responsible for one another's payments--which banks have viewed as risky. Meanwhile, the San Francisco Tenants Union opposes tenancies-in-common, insisting that they lead to eviction and eat up available rentals.
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U.S. June Home Resales Seen Rising Near Record, Survey Says
Bloomberg (07/25/05)
The median forecast of 44 economists polled by Bloomberg News pegs the June pace of housing resales as the second-fastest on record, at an annual rate of 7.15 million units. The National Association of Realtors, which reported a new peak of 7.18 million existing-home sales in April, will release its June sales data for previously owned homes on Monday morning. The increase in jobs and low rates for 30-year fixed mortgages, which Freddie Mac reported as averaging at a 15-month low of 5.6 percent last month, are said to be driving the home buying activity. NAR has already raised its forecast for resales in 2005 from 6.64 million to a record 6.97 million, which represents a 2.8-percent increase from the current record of 6.78 million set last year.
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| Unpegged Yuan, Strong Economic Data Spike Long-term Yields |
MBA (7/25/2005) Velz, Orawin
The financial markets got hit with a series of events last week, including an attempted terrorist attack in London, the (Chinese) yuan’s revaluation and a string of positive economic data.
The upbeat tone of Federal Reserve Chairman Alan Greenspan’s testimony and the June Federal Open Market Committee (FOMC) minutes helped keep the 10-year note yield up at 4.28 percent on Thursday. Much of the impact of these events on the Treasury market dissipated by Friday afternoon, however, with the 10-year yield slipping to 4.22 percent by mid-Friday afternoon–little changed from last Monday’s close.
Last week positive economic news included an improvement of the July Index of Leading Indicators and the Philadelphia Fed manufacturing survey, which bodes well for economic growth in the second half of the year. While June’s housing starts held steady, leading indicators for housing activity are still very strong, suggesting that an expected decline in home building activity in the second half of the year should be modest. Given that single-family starts in the first half of the year are already 5.8 percent ahead of the first half of last year, they are on pace to set a record this year. Multifamily starts should be little changed from last year.
Housing received ample discussion in both the testimony and in the FOMC minutes. In his testimony, Greenspan reiterated that regional home price declines are possible, but the macroeconomic impact would not be substantial. During the Q&A session on the second day of his testimony, Greenspan clarified the impact of a slowdown in the housing market. He acknowledged the importance of housing on consumption; a decline in housing activity would hurt consumption expenditures in those areas. However, he expected capital investment to pick up the slack, cushioning the negative impact of a housing slowdown.
With regard to any role for monetary policy in responding to “possible imbalances” in housing or bond markets, the Fed said in the June FOMC minutes that it would not try to target asset prices. Given considerable uncertainties surrounding judgments of the appropriate level of asset prices and their future changes, the committee noted that it does not believe it should base its policy to influence asset prices.
This week’s economic calendar is quite busy. The release of June existing home sales (Monday) and June new home sales (Wednesday) should shed more insights on housing activity during the first half of the year. Sales should remain elevated, as the Purchase Application Index from the Mortgage Bankers Association survey set a record monthly average in May, only to be broken by the average reading in June.
The financial market will get a first glimpse of gross domestic product (GDP) growth for the second quarter (Friday), which is expected to slow from 3.8 percent in the first quarter. Given the Fed’s concerns of rising unit labor costs in the June FOMC minutes, the market will be watchful for the second quarter employment cost index (Friday).
(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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| People in the News |
MBA (7/25/2005) MBA Staff
a la mode inc., Oklahoma City, Okla., promoted Scott Kinnaird to CEO. Kinnaird was most
recently overseeing business development as the company's chief strategy officer.
Company founder and former CEO David Biggers will retain the title of chairman and sole shareholder and will focus his efforts on new product, market and strategic project development.
a la mode also announced the promotion of Sean Shiplet to the newly created role of COO. Shiplet previously served as the company’s executive vice president of sales and customer support. In his new position, he will oversee sales, customer support, business development, marketing and product management functions.
The Senate approved the nomination of Thomas Dorr as under secretary of Agriculture for Rural Development. Dorr is a four-year veteran of USDA.
HanoverTrade Inc., Edison, N.J., a wholly owned subsidiary of Hanover Capital Mortgage Holdings Inc., announced the promotion of Anne Akers to senior vice president and sales manager of HanoverTrade’s Loan Sales Advisory Group.
Akers’ experience includes 10 years with Pamex Capital Partners LLC (formerly Principal Asset Markets Inc.) prior to its merger with HanoverTrade in January 2001. Most recently, she worked as vice president and senior transaction manager for HanoverTrade.
Sperry Van Ness, Irvine, Calif., announced several appointments. Gary Imbrie has been named senior advisor at the company’s office in Beaverton, Ore. Additionally, Ryan Imbrie has joined the office as an associate advisor.
Gary Imbrie has nine years of commercial real estate experience, specializing in the sale of multi-tenant and single tenant retail properties. Prior to joining Sperry Van Ness, Imbrie served as senior investment associate and principal broker for Marcus & Millichap’s Portland, Ore., office. Previously, he was president of Norita Inc., a Japanese subsidiary of Norita Kogaku NKK.
Sperry Van News also named David Baird as national director of multi-family. Baird will also continue to serve as senior vice president for Sperry Van Ness in Las Vegas.
Baird has more than 27 years of commercial real estate experience, specializing in the sale of multi-family properties with more than 100 units. Prior to joining Sperry Van Ness, Baird served as owner and operator of American Investors Bancor, a commercial investment real estate acquisition and disposition firm. Previously, he served as an agent with Great American Investors.
Sperry Van Ness also named Rory Ferlauto as vice president, Don Hudson as senior vice president and Nancy Uy as senior advisor in the company’s new Woodland Hills, Calif., office.
Ferlauto is a former vice president and sales director of Team Lustig-Bower at CB Richard Ellis. Previously, she served as manager of information research for the Los Angeles region at CB Richard Ellis.
Hudson most recently served as managing director overseeing the CB Richard Ellis San Fernando Valley office and has more than 25 years of sales experience.
Prior to joining Sperry Van Ness, Uy served as senior multi-housing specialist at CB Richard Ellis working directly with Ferlauto in focusing on the sale of multifamily investment properties in the greater San Fernando Valley and throughout Los Angeles. Previously, she was involved with the production of CB University for sales training.
Real Trust Financial Corp., Kissimmee, Fla., announced that Cas Camara, previously CEO, has assumed the role of president of National Wholesale Lending and Graham Aistrop, previously executive director of marketing and retail sales, has assumed the role of CEO. This shift of roles is a result of Real Trust Financial Corp becoming a self-contained wholesale lender, company officials said.
CWCapital, Needham, Mass., announced the appointment of Joe Hirsch as vice president/senior loan officer. Hirsch will be based out of CWCapital’s Los Angeles office.
Hirsch, a 30-year veteran at HUD, will be responsible for the origination of affordable housing and seniors housing loans on the West Coast through CWCapital’s HUD lending platform. Prior to joining CWCapital, Hirsch was a partner at Preservation Partners Development, a California-based development group specializing in the acquisition, rehabilitation and preservation of HUD and California Housing Finance Agency insured and assisted multifamily affordable housing developments.
Oak Street Mortgage LLC, Indianapolis, announced that Bob Jakubowicz will assume the role of executive director of retail sale.
Jakubowicz worked previously with Bank One, Household International and First National Bank of Chicago. Most recently he held the position of senior director of retail sales with Oak Street.
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| Residential Briefs |
MBA (7/25/2005) Mcafee, Jamie
America's Community Bankers, Washington, D.C. told the Federal Trade Commission (FTC) that community bankers and their customers are harmed by data breaches that cause a loss of confidential customer data.
ACB said in a comment letter on the FTC's proposed consent order involving a data loss by BJ's Wholesale Club in 2004, that the agency "should not hesitate from imposing significant monetary penalties on companies that fail to protect consumer information."
In the BJ's case, community banks had no responsibility for the data breach, but they did have the burden of notifying credit card customers, canceling and reissuing cards and monitoring accounts for fraudulent activity. ACB said the costs were significant, and the breach also resulted in customer frustration and reputation risk.
ACB encouraged the FTC to support federal legislation requiring businesses that are not subject to the Gramm-Leach-Bliley Act to have adequate information security programs. ACB also said the credit card associations need to be more aggressive in enforcing their operating rules, and should increase the level of enforcement actions. While banks are entitled to compensation through the credit card associations' rules, the cost of obtaining relief frequently equals or exceeds the amount recoverable.
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Community Mortgage Group Inc. (CMG), Littleton, Colo., opened its Phoenix branch office. The Phoenix branch will offer a product portfolio that includes 100 percent financing for primary, second home and investment property loans and providing manual underwriting on conventional conforming arms. In addition, CMG will feature an upgrade of their Odyssey product with a new offering called Ideal. The Ideal product will allow up to a 60 percent debt to income ratio; no fico score up to 100 percent loan-to-value (LTV); no seasoning requirement on refinances and a 15 year amortized five-year interest only loan.
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Chicago-based TransUnion announced the acquisition of four companies owned by southern California-based Diversified Holdings Corp. Terms of the transaction were not disclosed.
The acquisition of Diversified Title Insurance Co., one of the acquired companies, gives TransUnion a presence as a licensed title insurance underwriter in California.
In addition to Diversified Title Insurance Co., other companies from Diversified Holding Corp. acquired by TransUnion are Diversified Title & Escrow Services Co., Diversified Exchange Corp., and Diversified Reverse Exchange Corp.
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| Commercial Briefs |
MBA (7/25/2005) MBA Staff
Investors and lenders alike are ”flooding” the commercial mortgage-backed securities marketplace with cash earmarked for real estate investments, according to a new report from Standard & Poor's Ratings
Services, New York.
"To achieve real estate portfolio allocation targets and desired returns, investors are funneling capital into performing as well as underperforming and speculative properties," explained Standard & Poor's credit analyst Roy Chun. "As a result, loans collateralized by less than stellar properties are being aggressively refinanced, mitigating negative rating actions."
S&P recorded its lowest quarterly level of downgrades since the fourth quarter of 2001. "A historically low CMBS delinquency rate supported the decline in downgrades," said S&P credit analyst Larry Kay.
U.S. CMBS delinquency rate at the end of the second quarter dropped below 1 percent to 0.93 percent, a level not experienced since 2000. There were 22 downgrades in the second quarter, down from 43 in the first quarter and a peak of 68 in third quarter 2003. Last year, there were an average of 41 downgrades per quarter.
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S&P also reported that European CMBS will likely produce record levels of annual issuance in 2005, with the U.K. and Italy the leading markets, while once again being among the strongest performing asset classes in the European securitization market, according to two reports
European CMBS saw a record issuance of €20 billion in the first half of 2005, according to the first report, "Record European CMBS Issuance Driven By Secured Loan And True Sale Transactions." This six-month volume exceeds total annual issuance in 2003 and 2004, bringing collateral volumes outstanding in the market to over €85 billion equivalent.
"The volume of the first half of 2005 reflects the groundwork that CMBS program lenders and servicers have put in over the last three years, building originating and servicing platforms in Europe that can efficiently deliver repeat European CMBS," said credit analyst Ashley Reed, a director in the Structured Finance ratings group in London.
"European CMBS has developed into a broad-based sector capable of delivering significant growth in monies available to finance real estate debt transactions and gives an expanded choice both to real estate borrowers and those who wish to invest in CMBS transactions across the ratings spectrum," Reed said.
Demand for the product has been supported by strong performance of existing issues to date, as detailed in the second report, "European CMBS Exhibits Strong Ratings Performance With Upgrades Outnumbering Downgrades."
"In 2005, we have seen the continuation of the performance levels of recent years, with delinquent and defaulted loans almost non-existent in the securitized market," said credit analyst Stuart Nelson, an associate director in the group. "The trend of rating actions has been almost entirely positive, with upgrades outnumbering downgrades nearly four to one."
"Lumpy” but irregular prepayments continue to lead to transaction deleveragings, and with no downgrades of rated corporate tenants in credit-linked transactions so far this year, noteholders have not been exposed to the rating migration risk in structured sale and leaseback transactions, Nelson said.
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| DealMaker of the Day |
MBA (7/25/2005) Murray, Michael
Arbor Commercial Mortgage LLC, Uniondale, New York, funded two cooperative apartment complexes for $9.6 million under Fannie Mae’s Delegated Underwriting and Servicing (DUS) product line.
In the Fannie Mae’s DUS/MBS product, Arbor refinanced a 342-unit complex known as Three Fountains East Cooperative, Indianapolis, Ind. The 30-year loan amortizes on a 30-year schedule and carries a note rate of 6.15 percent. Michael Jehle , regional director in Arbor’s Midwest Region in Bloomfield Hills, Mich., originated the loan. It was underwritten in Arbor’s Chicago lending office.
Jehle also originated a $7 million loan under its DUS product line to refinance Lancaster Village Cooperative, a 287-unit complex in Pontiac, Mich. The financing replaces a HUD Section 236 loan with an Interest Reduction Payment (IRP). The mortgage carries two notes. The first note amount for $5.8 million has a 15-year term with a 30-year amortization and carries a note rate of 5.96 percent. The second note of $1.2 million has a 74-month fully amortizing term and carries a note rate of 6.02 percent. The loan was underwritten in the Uniondale, N.Y. office.
“Proceeds from the loan will allow for planned renovation of the property,” Jehle said. “Arbor was able to decouple the Section 236 FHA insured mortgage to provide, in part, for the rehab monies.”
HUD announced a change in the Multifamily Accelerated Processing (MAP) program to allow single stage processing for these loans, Arbor noted. “Prior to this program change, new construction and sub rehab loans were processed in two phases and each carried a 45-day review period at HUD,” said Joseph Donovan, vice president of FHA production management at Arbor. “Now both phases can be combined into one stage and HUD’s review time for the complete application is 60 days. This will be very helpful to developers who like the favorable loan terms offered by FHA insured financing but were concerned about the timing of closing.”
Arbor Commercial noted that this change also makes FHA-insured financing more competitive since it puts it closer to the processing times required with other sources of financing. In addition to the streamlined processing, the FHA-insured construction loans are an attractive option to multifamily developers as they offer a 40-year, non-recourse, fixed interest rate and do not require a stabilization period prior to rolling to the permanent loan phase.
Meanwhile, Arbor also funded a $6.6 million loan under its DUS product line to refinance the 16,391 square foot retail property known as Sunset and Henderson Retail, Henderson, Nev. The 10-year fixed rate loan amortizes on a 30-year schedule, and carries a note rate of 5.66 percent. Monty Childs, director, originated the loan. It was underwritten in Arbor’s Canonsburg office.
"The borrower first used Arbor Realty Trust bridge financing to facilitate a 1031 exchange acquisition of the property,” Childs said. “The Arbor Commercial Mortgage permanent debt served as the exit for the bridge.”
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| Path to Diversity Application Deadline Friday |
MBA (7/25/2005) Rawak, Melissa
The Mortgage Bankers Association and CampusMBA have extended the application deadline for the current round of the Path to Diversity scholarship program. The deadline has been extended to this Friday, July 29.
Through the Path to Diversity program, education scholarships are awarded to members to help individuals continue their professional development and advance in their careers. Developed to increase cultural diversity throughout the industry, Path to Diversity is available to all employees of MBA's 2,900 member companies. Candidates are selected as part of an outreach program to increase diversity in the real estate finance industry. Scholarships are awarded on a regular basis, based on essays and letters of recommendation. Applications are reviewed by the Scholarship Award Task Force, composed of industry leaders.
Each scholar receives a $2,495 voucher to use on residential and commercial real estate finance distance-learning and classroom-based courses, audio programs, resources and publications offered by CampusMBA.
"Education keeps mortgage professionals up to date on the latest developments in the industry and helps us serve our customers better," said Larry Gilmore, AMP, chair of MBA's Diversity Task Force and vice president of government of housing and industry relations for Option One Mortgage Corp. "The Path to Diversity scholarships provide opportunities for these industry professionals to extend their knowledge and enhance their careers, while ensuring that the industry meets the needs of the diverse communities we serve."
The Path to Diversity program continues through a sponsorship provided by the Research Institute for Housing America (RIHA), a trust fund subsidiary of MBA. The following companies have also provided scholarship funds: Irwin Mortgage, Option One Mortgage, SunTrust Mortgage and Wells Fargo Home Mortgage.Companies can participate in the Path to Diversity program by enrolling as a participating company or by sponsoring 10 or more scholarships. Additionally, member firms providing internships to qualified college students are eligible to receive free distance-learning courses for each intern through CampusMBA.
To date, 147 scholarships have been awarded since the program's inception in 2001.
Visit http://www.mortgagebankers.org/pathtodiversity to download the scholarship application. For more information, contact Joanna Truitt at (202) 557-2835 or jtruitt@mortgagebankers.org.
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| MBA Advocacy Update |
MBA (7/25/2005) Pfotenhauer, Kurt
Impact of Supreme Court Nomination
At this stage, we believe the confirmation process of Judge John Roberts to the U.S. Supreme Court should not engender a lengthy partisan battle. Judge Roberts has a relatively brief record on the bench to examine. Furthermore, we believe it is unlikely that moderate Republicans, some of whom were part of the group of 14 Democratic and Republican senators who earlier this year forged a compromise on judicial filibusters, will become involved in any filibuster effort on Judge Roberts.
Consequently, the early prediction is that this will not lead to gridlock after the August recess on legislative priorities in Congress, including GSE reform and TRIA. That said, if Supreme Court Chief Justice William Rehnquist should announce his retirement in the next few weeks, all bets are off.
Pro-business reports about Judge Roberts appear to be based on the fact that he moved from a role of advocacy on behalf of business clients to the federal appeals court only two years ago. However, the real picture may not be that simple. While at the firm of Hogan & Hartson L.L.P, where he was employed from 1986 to 1989 and again from 1993 to 2003, he developed a civil litigation practice at the appeals court level and had clients that included Chrysler, Toyota, the National Collegiate Athletic Association and the National Mining Association.
It is also interesting to note that when Roberts left the firm in 1989, he accepted appointment as Principal Deputy Solicitor General of the United States. In that capacity he did work on issues related to financial institutions. He is also a veteran of more than 30 oral arguments before the Supreme Court on a wide range of issues including bankruptcy and the regulation of financial institutions. However, during his previous confirmation hearing, he warned that no conclusions should be drawn about his judicial philosophy based on his clients in private practice. "I do not believe that it is proper to infer a lawyer's personal views from the positions that lawyers may advocate on behalf of a client in litigation," he stated at that hearing.
GSE Reform—Senate
In the Senate, Banking Committee Chairman Richard Shelby, R-Ala., on Friday released his "Chairman's Mark" and summary . The Mortgage Bankers Association is currently analyzing the legislation, paying particular attention to the way in which Shelby integrated the "bright line" concept in S. 190 with the program approval authority in his bill. It is now likely that the Banking Committee will markup and vote on the GSE legislation on Thursday.
MBA will continue to monitor developments on GSE reform and will report on them as appropriate.
For more information, please contact Chris Harrington at (202) 557-2863 (charrington@mortgagebankers.org) or Josh Denney at (202) 557-2816 (jdenney@mortgagebankers.org).
GSE Reform—House
In testimony this week to the House Financial Services Committee, Federal Reserve Chairman Alan Greenspan offered criticism of H.R. 1461, the Federal Housing Finance Reform Act of 2005. Specifically, he indicated that he would prefer no bill to the current draft being considered by the Committee.
Greenspan believes that the bill does not go far enough to restrict the size of GSEs' investment portfolios. In response to questions from Rep. Ed Royce, R-Calif., he noted "unless we can address those issues, I do not think we've appropriately removed what is a very significant threat to our financial system longer term." However, these concerns have thus far been rejected by the Committee.
Also in the House this week, the chairman of the House Judiciary Committee, Rep. James Sensenbrenner Jr., R-Wis., indicated that his committee would review the sections of the GSE reform legislation that relate to criminal penalties and placing the Freddie Mac or Fannie Mae into receivership. Opponents of GSE regulatory reform have taken to characterizing this development as a setback, but MBA staff believes it is unlikely to present a significant obstacle to passage of the legislation this year.
For more information, please contact Chris Harrington at (202) 557-2863 (charrington@mortgagebankers.org) or Josh Denney at (202) 557-2816 (jdenney@mortgagebankers.org).
“Blue Dogs” Urge Hastert to Move on TRIA; CIAT to Testify
The centrist group of Democratic House members known as the Blue Dog Coalition sent a letter to House Speaker Dennis Hastert, R-Ill., urging him to move quickly to pass a multi-year TRIA bill. Thirty-two Coalition members signed on to the letter by Rep. Steve Israel, D-N.Y., who sits on the House Financial Services Committee.
The letter also made clear that while they believe that the marketplace may eventually be able to price and make terrorism insurance available, it is not yet stable enough to do so and Congress must act quickly to extend TRIA.
"TRIA sunsets at the end of the year and is in danger of lapsing. That means insurance companies will simply stop writing policies that cover future attacks, developers will be unable to receive financing for real estate ventures and companies will be unable to insure their property or their employees,” the letter states. “Policies are already being negotiated containing exclusion clauses that clearly state that terrorism will not be covered in the event that Congress fails to act to extend TRIA."
In a separate statement, Israel said "extension of the Terrorism Risk Insurance Act is, in my opinion, the single most pressing issue currently facing this committee." Support from the Blue Dogs was critical in passage of the original TRIA legislation in 2002.
In other news, the Coalition to Insure Against Terrorism (CIAT), of which MBA is a member, has been invited to testify next week before the House Financial Services Committee's Subcommittee on Capital Markets, Insurance and GSEs. The hearing ("The Future of Terrorism Insurance") is scheduled for Wednesday, July 27th.
CIAT's witness will be James Maurin, who is chairman of Louisiana-based Stirling Properties. He is also the immediate past chair of International Council of Shopping Centers.
MBA continues to push Congress to act as quickly as possible this year.
For more information, please contact Josh Denney at (202) 557-2816 or jdenney@mortgagebankers.org.
HUD Presents Description of 2004 RESPA Rule
As described in last week's Advocacy Update, at the first of its Real Estate Settlement Procedures Act (RESPA) roundtables in Washington D.C., HUD described key provisions of the rule that it sent to the Office of Management & Budget and later withdrew in early 2004.
MBA will provide a summary of key provisions of the rule described in the PowerPoint presentation in next week's update (along with information concerning HUD and the Small Business Administration’s roundtables). Notably, the rule would have simplified the Good Faith Estimate tolerances, not moved to dual packaging (although it would have permitted a settlement services package to become part of a mortgage package) and it would have permitted packaging of Home Ownership Equity Protection Act loans after a phase-in period. These and other points had been advocated by MBA and were addressed in the rule. The revised GFE is available at: http://www.hud.gov/respareform/draft-gfe.pdf, and the MPO is available at: http://www.hud.gov/respareform/draft-mpo.pdf.
For more information, please contact Ken Markison at (202) 557-2930 or kmarkison@mortgagebankers.org.
MBA Meets with FHA's New Deputy for Single Family Housing
On Monday, July 18, MBA staff met with Lily Lee, who has been selected as the new deputy assistant secretary for single family housing at FHA. Lee oversees all credit policy, lender oversight and servicing functions for FHA's single family housing programs.
Prior to this, Lee served at deputy director for HUD's Region X, which covers the West coast and before that as the FHA Homeownership Center (HOC) director for Santa Ana. MBA briefed Lee on MBA's empowerment agenda for FHA and reviewed a number of specific changes that MBA believes would significantly improve FHA's single family housing programs.
For more info please contact Tim Doyle at (202) 557-2860 or toyle@mortgagebankers.org.
MBA Meets with NCRC to Discuss Appraisal Issues
On July 20th, MBA staff met with John Taylor, executive director of the National Community Reinvestment Coalition (NCRC) and his staff to discuss a report that NCRC issued in early June on "Predatory Appraising: Stealing the American Dream."
MBA had previously sent a letter to NCRC pointing out a number of inaccuracies contained in the report. During Wednesday's meeting, MBA briefed NCRC on MBA's work with regard to appraisal issues, in particular the potential action steps developed during the "Importance of Accurate Valuations" roundtable held at MBA's National Fraud Summit on March 10. NCRC agreed with some of the reports shortcomings and commented that they have "learned 400 percent more about appraisals" since writing the report.
MBA and NCRC agreed to work together on initiatives to ensure that lenders and homebuyer receive accurate valuations.
For more info please contact Tim Doyle at (202) 557-2860 or toyle@mortgagebankers.org.
Illinois Governor Approves Predatory Lending Database Legislation
Illinois Gov. Rod Blagojevich (D) signed HB4050 on July 21. As previously reported, this bill creates, among other concerns, a predatory lending database for all areas within Cook County as designated by the State of Illinois.
Over the past two months MBA worked extensively with the Illinois MBA, MBA members and other interested trade groups to dissuade the governor from passing this legislation. During this time MBA facilitated a conference call with the governor's staff by way of its Democratic Governors' Association relationship, used its grassroots Capitol Assets Program in a letter-writing effort to state legislators, mailed a MBA lender letter to state leadership and distributed a news release to various press groups regarding a trade group letter MBA initiated.
The new law takes effect January 1, 2006. The governor's press release are attached for your perusal.
For more information, please contact Beth Percynski at (202) 557-2866 bpercynski@mortgagebankers.org.
MBA Hosts Residential MBS Call on SEC Rule AB Compliance
MBA staff held a conference call for members acting as issuers, servicers, trustees and other transaction parties on residential asset-backed MBS transactions. The call was chaired by Terry McCoy, executive vice president with First Horizon.
One objective was to generate a list of member concerns with Rule AB, a broad regulation that touches on all aspects of registered, private MBS transactions. The Rule is effective now and covers new offerings as of January 1, 2006. The goal is to assist the real estate finance industry in moving toward a standard for disclosure, registration and reporting.
For more information on disclosure issues please contact Kathy Gibbons at (202) 557-2870 or kgibbons@mortgagebankers.org.
Dorr Confirmed as Under Secretary for Rural Development
On July 21, the Senate confirmed Thomas Dorr to head the Agriculture Department's rural affairs office, which has jurisdiction over the USDA's Rural Housing Service. In a statement, Agriculture Secretary Mike Johanns said, "Tom has demonstrated his insight into the issues facing rural America and commitment to addressing those issues throughout his four years at USDA. He is a tireless advocate for rural America and I'm very pleased that the Senate recognized his hard work and dedication, as reflected in his confirmation."
On April 15, MBA sent a letter to Senate Agriculture Committee Chairman Saxby Chambliss, R-Ga., indicating MBA's support for Dorr as strong advocate for the housing needs of this country's rural communities.
For more information, please contact Tim Doyle at (202) 557-2860 or tdoyle@mortgagebankers.org.
MBA Holds Conference Call with FHA on New Renovation Program
On July 19th, MBA's Residential Loan Production Committee and MBA's Renovation Lenders Advisory Group held a conference call with FHA policy officials to discuss implementation issues concerning FHA's new "Streamline K" renovation program.
In April, FHA issued Mortgagee Letter 2005-19 announcing the new program, which allows lenders to obtain FHA mortgage insurance on properties that require $15,000 or less of rehabilitation, with fewer requirements than FHA's full 203(k) Renovation Loan program. FHA's intention is to help facilitate transactions where a property may need minor work to meet FHA's minimum property standards.
MBA's Renovation Lenders Advisory Group has been reviewing the program and developed a list of implementation issues and questions. FHA plans to use the discussions from Tuesday's call to develop further policies concerning the program.
For more information contact Tim Doyle at (202) 557-2860 or tdoyle@mortgagebankers.org.
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| Washington: The Week Ahead |
MBA (7/25/2005) Sorohan, Mike
A busy week in Washington. Doesn't Congress knows it's summer?
With recent bombings in London still fresh in memory, the House Financial Services subcommittee on Capital Markets, Insurance and Government Sponsored Enterprises takes another look at the Terrorism Risk Insurance Act (TRIA). The subcommittee holds a hearing this Wednesday, July 27 at 10:00 a.m. EDT in room 2128 of the Rayburn House Office Building.
Among those scheduled to testify at the hearing is James Maurin, chairman of Stirling Properties, who will speak on behalf of the Coalition to Insure Against Terrorism, of which the Mortgage Bankers Association is a member.
The Senate Banking Committee has a busy schedule as well. On Thursday, July 28, the committee will mark up S. 190, the "Federal Housing Enterprise Regulatory Reform Act of 2005," which aims to modify the regulatory structure of Fannie Mae and Freddie Mac. The hearing begins at 10:00 a.m. EDT in room 538 of the Dirksen Senate Office Building.
The Banking Committee also holds two sessions on Wednesday, July 27 to mark up pending nominations, including those of Rep. Christopher Cox, R-Calif., to head the Securities and Exchange Commission; Roel Campos and Annette Nazarath as members of the SEC; John Dugan as Comptroller of the Currency; John Reich as a director with the Office of Thrift Supervision; and Martin Gruenberg as vice chairman of the board of directors with the Federal Deposit Insurance Corp .
House hearings can be accessed live over the Internet at http://financialservices.house.gov/. Senate hearings can be accessed at www.capitolhearings.org. You can also check C-SPAN to see if hearings will be televised.
Upcoming Reports/Events:
July 25: Existing Home Sales, National Association of Realtors
July 26: Consumer Confidence, The Conference Board
July 27: MBA Weekly Application Survey
July 27: Revised Building Permits, Commerce Department
July 27: New Residential Sales, Commerce Department
July 27: State and Local Building Permits, Bureau of the Census
July 27: Beige Book, Federal Reserve Board
July 28: MBA Commercial/Multifamily Regional Servicing Forum Series IV, Washington, D.C.
July 28: Housing Vacancies and Homeownership, Commerce Department/HUD
July 29: Gross Domestic Product, Bureau of Labor Statistics
Aug. 1: Construction, Commerce Department
Aug. 2: Personal Income, Labor Department
Aug. 2: Manufacturers' Shipments, Inventories and Orders, Commerce Department
Aug. 2-3: CampusMBA: The Executive Institute: Capital Markets and Mortgage Pricing Workshop, Washington, D.C.–NEW
Aug. 3: MBA Weekly Application Survey
Aug. 5: Unemployment, Labor Department
Aug. 5: Joint Economic Committee Statement
Aug. 5: Consumer Credit, Federal Reserve
Aug. 9: Federal Open Market Committee
Aug. 9: Wholesale Trade, Commerce Department
Aug. 10: MBA Weekly Application Survey
Aug. 10: Treasury Monthly Statement
Aug. 11: Advance Retail Sales, Census Bureau
Aug. 11: Business Inventories, Census Bureau
Aug. 12: Trade Balance, Commerce Department
Aug. 12: Imports/Exports, Labor Department
Aug. 14-19:CampusMBA School of Mortgage Banking Course III, Chicago– SOLD OUT
Aug. 14-19: CampusMBA School of Mortgage Banking Course I, San Francisco
Aug. 15: Housing Market Index, National Association of Home Builders
Aug. 16: New Residential Construction, Census Bureau
Aug. 16: Consumer Price Index, Labor Department
Aug. 16: Industrial Production and Capacity Utilization, Federal Reserve
Aug. 17: MBA Weekly Application Survey
Aug. 17: Producer Price Index, Labor Department
Aug. 19: Retail E-Commerce Sales, Census Bureau
Aug. 23: Existing Home Sales, National Association of Realtors
Aug. 21-26: CampusMBA School of Mortgage Banking Course I, San Francisco
Aug. 24-25: CampusMBA: Detecting and Avoiding Mortgage Fraud, San Francisco
Aug. 24: MBA Weekly Application Survey
Aug. 24: Revised Building Permits, Census Bureau
Aug. 24: New Residential Sales, Census Bureau
Aug. 30: Consumer Confidence, The Conference Board
Aug. 31: CampusMBA Audio Program: Paper Pusher No More
Aug. 31: MBA Weekly Application Survey
Aug. 31: Gross Domestic Product, Commerce Department
Sept. 7-9: MBA Regulatory Compliance Conference, Washington, D.C.
Sept. 11-13: MBA Document Custody Conference, Miami Beach, Fla.
Sept. 18-23: Campus MBA School of Mortgage Banking Course II, San Diego
Sept. 19-20: MBA Quality Assurance Conference, Chicago
Sept. 20-21: CampusMBA: Handling Fraud Files, San Diego – NEW
Sept. 20-21: CampusMBA: Advanced Regulatory Compliance, Atlanta
Sept. 20: Federal Open Market Committee
Sept. 21: MBA MAP Issues Roundtable, Washington, D.C.
Oct. 6-7: CampusMBA: The Next Step in Combating Mortgage Fraud, San Antonio, Texas
Oct. 6-7: CampusMBA: Best Practices – Loan Administration Workshop, San Antonio, Texas
Oct. 21-22: MBA State & Local Workshop, Orlando
Oct. 23-26: MBA Annual Convention & Expo, orlando
Nov. 1: Federal Open Market Committee
Nov. 1-2: CampusMBA: Real Estate Appraisal for Mortgage Lenders Workshop, Chicago
Nov. 3-4: CampusMBA SPeRS and MISMO Workshop, Washington, D.C.
Nov. 6-11: CampusMBA School of Mortgage Banking Course I, Tampa, Fla.
Nov. 7-9: MBA Accounting, Tax & Financial Analysis Conference, Boca Raton, Fla.
Nov. 8-9: CampusMBA: The Executive Institute: Market Analysis Workshop, Washington, DC
Nov. 8-11: CampusMBA Regulatory Compliance Institute, Denver
Nov. 10-11: MBA Residential Underwriting Conference, Coronado, Calif.
Nov. 30 MBA Legal Issues in Mortgage Technology Conference, San Diego
Dec. 4-9: CampusMBA School of Mortgage Banking Course II, Las Vegas
Dec. 7-9: CampusMBA eMortgage Workshop, Las Vegas
Dec. 7-9: CampusMBA Underwriting University, Miami
Dec. 13: Federal Open Market Committee
2006
Jan. 8-13: CampusMBA School of Mortgage Banking I, Dallas
Jan. 22-27: CampusMBA School of Mortgage Banking III, San Francisco
Jan. 29-Feb. 3: CampusMBA School of Mortgage Banking II, Phoenix
Feb: 5-8: MBA Commercial Real Estate Finance/Multifamily Housing Convention & Expo, Orlando
Feb. 7-8: CampusMBA Executive Institute--Valuation Issues Workshop, Miami
Feb: 14-17: Servicing Management Workshop, Phoenix
Feb: 14-17: MBA National Mortgage Servicing Conference & Expo, Phoenix
March 21-22: MBA National Policy Conference, Washington, D.C.
March 29-April 1: MBA National Technology in Mortgage Banking Conference, San Diego
April 30-May 5: CampusMBA School of Mortgage Banking Course II, Long Beach, Calif.
May 7-10: MBA National Secondary Market Conference, Chicago
May 16-19: MBA Commercial Asset Administration Conference, New Orleans
June 11-14: MBA Presidents Conference, Half Moon Bay, Calif.
June 20-21: CampusMBA Executive Institute--Mortgage Business Professional Issues, TBD
Sept. 17-19: MBA Document Custody Conference, Seattle
Sept. 26-27: MBA Quality Assurance Conference, Coronado, Calif.
Information about MBA Events can be found at the MBA Web site, www.mortgagebankers.org; and at the CampusMBA Web site, www.campusmba.org.
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ABOUT MBA NewsLink
Publisher: Cheryl Crispen, Senior Vice President - Communications and Marketing
Editor: Mike Sorohan 202/557-2855
MSorohan@mortgagebankers.org
Deputy Editor: Michael Murray 202/557-2851
MMurray@mortgagebankers.org
Advertising Opportunities: Bill Farmakis 203/834-8832
bill@jlfarmakis.com
Jonathan L. Kempner, President and CEO, Mortgage Bankers Association
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