
Volume 4 | Issue 155 | Friday, August 12, 2005
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"It reaffirms MBA's commitment of building best-of-breed solutions that will benefit the entire industry and ultimately the consumer as we move forward into the next era of truly paperless mortgages."
--John Robbins, CMB, president and CEO of American Mortgage Network, San Diego, MBA Vice Chairman, and chair of MBA's Board of Directors' Technology Steering Committee, on the endorsement of residential and commercial eMortgages by MBA Board of Directors.
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Top National News
Residential Finance News
FASB Issues Draft New Rules on Accounting for Servicing Rights
Appraisal Institute Adds Summary Appraisal Forms
Residential Briefs
Commercial/Multifamily Finance News
Soaring Auto Sales Boost Retail Sales
DealMaker of the Day
MBA News
Registration for MBA Annual Convention Now Open
Spotlight: Technology
MBA Board Endorses Use of eMortgages
Home-Loan Rates at Highest Level Since April
Philadelphia Daily News (08/12/05)
Rates on 30-year, fixed mortgages rose for the sixth consecutive week, climbing to a four-month high of 5.89 percent this week versus 5.82 percent a week ago. Freddie Mac's weekly survey of the mortgage finance giant also revealed that interest on one-year adjustable-rate mortgages rose to a three-year high of 4.57 percent from 4.47 percent. Meanwhile, rates on 15-year, fixed loans moved up to 5.47 percent--the highest level since the beginning of April--from 5.38 percent. "The stronger-than-expected employment report coupled with upward revision in job growth for the previous two months renewed the market's fears of inflation," explained Freddie Mac chief economist Frank Nothaft.
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Rise in Supply of Homes for Sale Suggests Market Could Be Cooling
Wall Street Journal (08/12/05) P. A1; Hagerty, James R.; Dunham, Kemba
National Association of Realtors chief economist David Lereah believes the housing market has reached its peak, adding that rising interest rates would weaken sales. Already, real estate brokers in San Diego County, Calif., Northern Virginia, Massachusetts, Chicago, Las Vegas and Orlando say inventories are climbing and could lead to a slowdown in residential appreciation rates. The supply of homes for sale has surged by 26 percent in Northern Virginia and by 31 percent in Massachusetts from a year ago, for example. However, economists note that they will not be able to say for sure whether the housing market is cooling until September or October, as August typically records slower sales due to summer vacation.
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Wachovia Unit Stops Covering Fannie Mae
American Banker (08/12/05); Quinn, Matthew
Wachovia Securities will no longer cover Fannie Mae because of the long-running delay in completing its restatement of earnings from more than three years ago and the potential impact of regulatory changes on the mortgage finance giant's business model. In a note to investors on Thursday, analyst Jim Shanahan wrote that Wachovia Securities no longer has "a reasonable basis for either an investment rating or earnings projections." Moody's Investors Service, meanwhile, affirmed Fannie Mae's Aaa senior unsecured debt rating with a stable outlook and also affirmed its B-plus financial strength rating and Prime-1 short-term debt rating.
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Piggy Bank--Or House of Cards?
Business Week (08/22/05)
An increasing number of home buyers are learning that, in a bull market, purchasing assets with other people's funds is the quick road to wealth. The risk is that if prices start to decline, those who have stretched to buy property with 100-percent financing could be over their heads in mortgage debt and at risk of default if they are forced to sell. Today, more and more buyers are taking out a first mortgage for 80 percent of a home's purchase price along with a piggyback loan for anywhere from 10 percent to 20 percent more. Non-prime lenders will offer leveraged financing to borrowers in lesser credit standing in return for rates that are 4 percentage points or more above normal, putting many of these buyers in an increasingly unfortunate position should market conditions suddenly take a turn for the worse.
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Tennessee Coalition Starts to Crack Down on Predatory Lending
Memphis Commercial Appeal (TN) (08/12/05); Flaum, David
The Memphis-Shelby County Anti-Predatory Lending Coalition continues to pressure Tennessee lawmakers to pass a comprehensive state law to curtail abusive lending. In the meantime, a state law taking effect next month could help protect borrowers from unscrupulous mortgage lenders. Under the Residential Closing Funds Distribution Act of 2005, lenders, brokers, servicers and home buyers will be required to take money with them to the closing table. The measure aims to prevent failed deals, as payments presently take anywhere from a few days to a few weeks following the settlement to clear.
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Demand for American Mortgages Growing Steeply in Czech Republic
Prague Daily Monitor (08/12/05)
Since 2004, Czech interest in U.S. mortgages has risen substantially, as bankers report that the loans are taken out to bankroll everything from expensive automobiles to business startup costs. Clients are not required to state a reason when applying for an American home loan, nor do they need a guarantor. As is the case with standard mortgages, real estate is held as collateral for American mortgage loans. Ranking as the biggest lender in this niche is Ceska sporitelna, one of eight banks that now offer the product in the Czech Republic.
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Housing Stocks Fall: Hiccup or Belly Up
Investor's Business Daily (08/12/05) P. A2; Angell, Mike
Home builder stocks have enjoyed a strong five-year rally that has been periodically, but only briefly, interrupted by corrections. However, the latest falloff--which occurred in the first week of August--has some industry watchers wondering if a sustained slowdown is on the horizon. Mortgage rates are floating up and lenders could begin tightening underwriting criteria--a combination that Wachovia analyst Carl Richards concedes could dampen housing demand. At the same time, he says lack of available supply is a "cushion," noting that builders essentially are operating at capacity and, as a result, have been forced to raise prices aggressively in order to reduce the pace of orders.
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Embattled Home Lender Gives Heavily to Politicians
San Francisco Chronicle (08/12/05) P. A1; Wildermuth, John
Ameriquest has contributed more than $7 million to California politicians over the past three years, raised $12 million for President Bush through various fundraisers, and saw CEO Roland Arnall nominated to serve as U.S. ambassador to the Netherlands. The Orange County, Calif.-based non-prime lender has been accused of using bait-and-switch tactics, forging loan documents and using fraudulent credit reports and employment histories, among other improprieties, recently reserving $325 million to settle predatory-lending suits in more than two dozen states. "This is a classic case of trying to buy political cover from both sides of the aisle," remarks Foundation for Taxpayer and Consumer Rights President Jamie Court. "The company and the CEO have basically conflicted every public official out."
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| FASB Issues Draft New Rules on Accounting for Servicing Rights |
MBA (8/12/2005) Utermohlen, Alison
The Financial Accounting Standards Board (FASB) yesterday released an Exposure Draft, Accounting for Servicing of Financial Assets, to permit servicers to elect to report their servicing rights at fair value.
Specifically, the proposed Statement would (a) require all separately recognized servicing rights to be initially measured at fair value, if practicable, (b) permit an entity to choose between two measurement methods for each class of separately recognized servicing assets and liabilities and (c) require additional disclosures for all separately recognized servicing rights.
This "elective" fair value approach was recommended by the Mortgage Bankers Association in a letter to FASB Chairman Robert Herz on March 12, 2004. (letter)
If adopted, this accounting change will permit lenders that use derivatives to hedge their servicing rights to recognize offsetting changes in their values for financial reporting purposes, without going to the effort and expense of qualifying their hedging activities for hedge accounting treatment under FAS 133, Accounting for Derivative Instruments and Hedging Activities.
In addition, the FASB released two additional Exposure Drafts: (1) Accounting for Transfers of Financial Assets, to clarify the derecognition requirements for financial assets and (2) Accounting for Certain Hybrid Financial Instruments to eliminate a temporary exemption from Statement 133 for certain securitized interests and to simplify the accounting for hybrid instruments.
All three Exposure Drafts would amend FASB Statement No. 140, Accounting for Transfers & Servicing of Financial Assets and Extinguishments of Liabilities.
All three Exposure Drafts are available on the FASB's website at www.fasb.org . The FASB invites public comment on these and all Exposure Drafts.
The comment deadline for the Exposure Drafts is Monday, October 10.
(Alison Utermohlen is senior director of accounting and tax in MBA's government affairs group).
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| Appraisal Institute Adds Summary Appraisal Forms |
MBA (8/12/2005) Murray, Michael
The Appraisal Institute (AI) is preparing to introduce a summary appraisal report form following its release of the revised Fannie Mae 1004 form.
AI designed the AI Reports Residential Summary Appraisal Report form for appraisal assignments that include insurance purposes, probate, litigation, and valuation for estate and financial planning. AI will turn the form over to all major appraisal software companies for programming with availability forecast for fall 2005, concurrent with the implementation date of the revised 1004 form.
"When Fannie Mae released the draft versions of their proposed 1004 forms, it was immediately apparent that non-lending uses could no longer be accommodated within that format," said Leland Trice, chair of the AI Reports project team. "We felt the Appraisal Institute was well suited to produce new residential appraisal report formats to fill this void."
Features of the AI Reports Residential Summary Appraisal Report form include:
• Letter-size format-- professional vs. legal look
• Focus on additional data fields relevant to the assignment
• Additional comparative data regarding neighborhood and improvements
• Single page Sales Comparison analysis, Cost analysis and Income
• analysis
• Refined Limiting Conditions
• Clear identification of the appraisal company in addition to specific
• appraiser(s)
• E-mail and Web addresses of the appraiser and the appraisal company
"The client will receive a report that is appropriate for the intended use and clearly defines the scope of work," Trice said. "Similarly, the appraiser is not forced to use a report that is not ideally suited for an assignment."
The project team began working on the residential summary appraisal form in late 2004. The project team included AI members with SRA designations. Their target was a consumercentric appraisal report form that was also "appraiser-friendly and USPAP compliant." After an exposure draft of the proposed form was sent to the Appraisal Institute's full membership in June, the project team analyzed feedback and incorporated changes in the form.
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| Residential Briefs |
MBA (8/12/2005) McAfee, Jamie
The Financial Institutions Group of InterFirst Wholesale Mortgage Lending, an Ann Arbor, Mich.–based division of ABN AMRO Mortgage Group Inc., expanded its InterFirstlink program to include second mortgages. Closed-end fixed rate and closed-end balloon second mortgage programs are now available through InterFirstlink, a Web-based system for consumer products and services in local markets.
InterFirstlink's closed-end fixed-rate program (called program 410) includes 10- and 15-year fixed-rate options. Its closed-end balloon program (called program 411) offers mortgage loans with a 30-year amortization and a 15-year balloon. The programs are eligible with all of InterFirstlink's full documentation first lien loans.
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Freddie Mac, McLean, Va., in its Primary Mortgage Market Survey, said 30-year fixed rate mortgages averaged 5.89 percent, with an average of 0.5 point, up from last week’s average of 5.82 percent. The average 15-year fixed rate mortgage was5.47 percent, with an average 0.6 point, up from last week of 5.38 percent.
Five-year Treasury-indexed hybrid adjustable-rate mortgage (ARMs) averaged 5.40 percent with an average 0.6 point, up fro last week’s average of 5.30 percent. One-year Treasury-indexed ARMS averaged 4.57 percent with an average 0.7 point, up from last week’s 4.47 percent.
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| Soaring Auto Sales Boost Retail Sales |
MBA (8/12/2005) Velz, Orawin
Retail sales rose by 1.8 percent in July, thanks to the biggest increase in motor vehicle and parts sales in nearly four years. On a year-over-year basis, retail sales grew by 10.3 percent —the fastest pace since August 1999.
Evidence that the strength in retail sales came from auto sales was that, excluding autos, sales increased by only 0.3 percent, half the market expectation. Higher gasoline prices also boosted sales at gasoline stations. Core sales (excluding the volatile autos and gasoline station sales) were flat, compared with an increase of 0.7 percent in June.
Strong auto sales should bolster consumer spending growth in the current quarter. Going forward, as discount incentives fade, auto sales should decline from the current blistering pace. Consumer spending should remain healthy, however. Rising income and wage growth resulting from the gradually tightening labor market should allow non auto sales to pick up the slack from slower auto sales.
Yesterday’s initial jobless claims —a leading indicator of job gains—indicate continued improving labor market conditions. Claims for the week ending August 4th declined by 6,000. The four-week moving average of claims, which smoothes out the volatile weekly movements, has declined in seven of the past eight weeks. Now that the claims data are no longer distorted from the seasonal auto retooling and plant shutdowns, the ongoing downward trend in unemployment claims suggests that payroll gains will continue to be sizable in the coming months.
Although consumption expenditures have held up pretty well so far despite high gasoline prices, rising prices will continue to pose a downside risk for economic growth. Crude oil futures rose to a record $66 a barrel yesterday after the International Energy Agency reduced its estimate of output by Russia and other non-OPEC producers. High crude prices are likely to persist through the end of the year, when non-OPEC production is expected to rebound.
Weaker-than-expected retail sales ex auto caused the yield on 10-year Treasuries to decline from Wednesday’s close of 4.39 percent. The 10-year yield hugged around 4.33 percent by mid Thursday afternoon.
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| DealMaker of the Day |
MBA (8/12/2005) Murray, Michael
Arbor Commercial Mortgage LLC , Uniondale, N.Y., funded $3.5 million from its Fannie Mae Delegated Underwriting and Servicing (DUS) product line and $12.2 million in commercial mortgage backed securities (CMBS) on a variety of properties.
Arbor’s funding of a $2.5 million loan under Fannie Mae’s DUS product line refinanced a 99-unit apartment complex known as Copper Creek in Tucson, Ariz. The 10 year fixed-rate loan has two years interest only with 28 years of amortization afterward. It carries a note rate of 5.285 percent with a one year extended maturity feature.
The loan, originated by Aaron Abelson , director in Arbor’s Chicago office, was underwritten in Arbor’s full service Dallas office.
Michael Jehle, regional director in Arbor’s Bloomfield Hills office, originated a loan underwritten in Arbor’s full-service Chicago office. The $1 million loan for Williamsburg Townhouse Cooperative, St. Clair Shores, Mich., was financed under Fannie Mae’s DUS product line to refinance the 206-unit complex. The 10-year fixed rate loan amortizes on a 30-year schedule and carries a note rate of 5.42 percent.
“Our loan proceeds will allow the Cooperative to make significant capital improvements to their existing facilities,” Jehle said. He noted that the members of the Cooperative favored the low interest rate on the financing, which will help with unit upgrades.
In College Point, N.Y., Arbor funded a $9.8 million commercial mortgage backed securities (CMBS) loan for the acquisition of an 80,000 square foot industrial building. The 10-year, fixed rate loan amortizes on a 30-year schedule, and carries a note rate of 5.42 percent. The loan was originated by Peter Blass, director, and underwritten in Arbor’s full-service Canonsburg office.
“The Borrowers Eastern Trio Products were looking for over six years for a new facility for their business and we were able to provide the financing for the acquisition so that they could expand their growing electronics business,” Blass said.
Arbor also announced the funding of a $2.4 million loan under its CMBS product line to refinance a 39,180 rentable square-foot industrial property known as Four Seasons Business Park in Houston. The 10-year fixed rate loan amortizes on a 30-year schedule carries a note rate of 5.53 percent.
The loan, originated by Abelson, was a 1031 exchange. It helped to structure a “complicated tenants in common (TIC) all in less than 30 days,” Abelson said.
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| Registration for MBA Annual Convention Now Open |
MBA (8/12/2005) Hagopian, Linda
Have you visited the Web site for the Mortgage Bankers Association’s 92nd Annual Convention & Expo, which takes place October 23-26 in Orlando? Check out the lineup of featured speakers:
• Gen. Colin Powell, USA (Ret.) keynotes the convention’s Opening General Session on Monday, October 24. Powell, most recently Secretary of State under the Bush Administration, is one of the nation’s most celebrated military and political figures of our time.
• Former President Jimmy Carter keynotes the Third General Session on Tuesday, October 25. Carter, the nation’s 39th President and winner of the 2002 Nobel Peace Prize, is also widely known for his efforts with Habitat for Humanity, of which MBA is an active supporter and participant.
• Syndicated columnist George Will headlines the Chairman’s Luncheon on Monday, October 24. Will, whose column appears in The Washington Post and dozens of other publications, has been syndicated since 1974 and is a regular contributing editor of Newsweek magazine.
• Officials from Fannie Mae and Freddie Mac address the Second General Session on Monday, October 25. This session brings together executives from the GSEs to discuss how the changing business landscape is affecting your business and the industry. From new technologies to changing borrower demographics, the role of the GSEs is constantly evolving.
• Longtime basketball coach Pat Riley headlines the annual Sports Luncheon on Tuesday, October 25. Riley, most recently head coach of the Miami Heat, also had stints as coach of the Los Angeles Lakers and the New York Knicks.
• The annual Club MBA on Tuesday, October 25 features the dance music of K.C. and the Sunshine Band. Tickets are going fast for this event.
• MBA Chief Economist Doug Duncan delivers the keynote address for the Fourth General Session on Wednesday, October 26. Duncan will provide a forecast of our economic future and what it means to the industry. Additionally, he addresses the ongoing technology evolution of the real estate finance industry.
Registration is taking place now. For more information, visit the convention Web site at http://events.mortgagebankers.org/92nd_annual.
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| MBA Board Endorses Use of eMortgages |
MBA (8/12/2005) Waugaman, Angela
The Board of Directors of the Mortgage Bankers Association met and passed a forward-looking resolution that endorses the adoption, by the industry, of residential and commercial electronic mortgages (eMortgages). Based on a recommendation from the Board of Directors' Technology Steering Committee, the resolution includes three focus areas.
Endorsement of the use of residential and commercial eMortgages, based on open standards, is a significant mechanism for simplifying the mortgage process and creating other efficiencies that will reduce costs for all market participants, including consumers, over the long-term, MBA said.
MBA will maintain its leadership position within the industry by establishing eMortgage standards and best practices, and applying its resources accordingly including its ongoing financial support of the Mortgage Industry Standards Maintenance Organization (MISMO), a not-for-profit subsidiary of MBA that develops data transfer and file specifications that span the $9 trillion residential and commercial real estate finance industries.
MBA will help its members stay "ahead of the curve," through advanced educational and training materials regarding eMortgages, said MBA Vice Chairman John Robbins, CMB.
"This is a very important step for MBA," said Robbins, president and CEO of American Mortgage Network , San Diego, and chair of MBA's Board of Directors' Technology Steering Committee. "It reaffirms MBA's commitment of building best-of-breed solutions that will benefit the entire industry and ultimately the consumer as we move forward into the next era of truly paperless mortgages."
Currently, MISMO offers a variety of products and services to develop, promote, and maintain voluntary electronic commerce standards for the mortgage industry. Its eMortgage Workgroup builds on the existing MISMO data standards, adding data elements and electronic signature capabilities to create an infrastructure for standardized fully electronic, or paperless, mortgages.
Also in existence is the commercial side of MISMO's eMortgage Workgroup which builds on the existing eMortgage standards to refine them for all phases of the commercial eMortgage value chain. For more information, go to www.mismo.org.
Additionally, the Secure Identity Services Accreditation Corporation (SISAC), another subsidiary of MBA, sets standards that provide the platform for industry-wide e-commerce secure identifications which allow industry firms to establish various levels of identity within the context of secure e-commerce transactions. For more information on SISAC, go to www.sisac.org.
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