
Volume 4 | Issue 200 | Monday, October 17, 2005
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“The limited availability of land for development of affordable housing has become a major issue in many cities. This unique partnership will provide much-needed capital to build and preserve affordable housing for tens of thousands of New Yorkers who otherwise might lack a secure home. It shows the power of collaborations that generate public and private investments to improve opportunities for low-income families.”
--Ford Foundation President Susan Berresford, on an initiative to create 30,000 units of affordable housing in New York City.
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Top National News
Residential Finance News
Long-term Yields Continue to Trend Up
Technology Tools Dig Under HMDA Surface
Residential Briefs
Commercial/Multifamily Finance News
NYC Mayor Launches $200M Affordable Housing Initiative
DealMaker of the Day
MBA News
CampusMBA Offers SPeRS Workshop Nov. 3-4
MBA Legal Issues in Mortgage Tech Conference Nov. 30-Dec. 2
Spotlight: Washington
MBA Advocacy Update
MBA to Hold Residential Members-Only Forum at Annual Convention
Washington: The Week Ahead
Foreclosures Feared With Debt Surpassing Relief
Clarion-Ledger (10/17/05); Hipp, Laura
Mississippi Gulf Coast homeowners who still owe money on property that was damaged or destroyed in the aftermath of Hurricane Katrina can work out a mortgage payment plan with lenders in court now that Gov. Haley Barbour (R) has enacted a law that protects people from losing homes in the event of a natural disaster. The 2000 census shows that there are 48,285 mortgages--or 64.8 percent of residences--in the three coastal counties; and 8,140 homeowners--or about 17 percent--have either second homes or home-equity loans. Mississippi is unlikely to see any foreclosures until another six months because many lenders have provided a three-month grace period on mortgage payments, and they could allow another three months of no payments before considering foreclosure, says Mortgage Bankers Association economist Mike Fratantoni. "The timing is going to stretch out over a number of years," he says.
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The Tougher Terms Now Facing the Bankrupt
Christian Science Monitor (10/17/05) P. 1; Trumbull, Mark
With an overhaul of the nation's bankruptcy code now in effect, Americans will have to pay higher fees and offer greater evidence of financial hardship before having debts eased in court. By making bankruptcy tougher in an effort to rein in abuses within the system, the new law is estimated to affect more than 1 million people per year who find themselves in a financial crisis whether due to illness, unemployment, divorce or simple money mismanagement. The new law's main targets are those with fairly strong incomes who will have to submit themselves to a means test designed to steer more people towards Chapter 13 bankruptcy--in which they are mandated to pay what they can to creditors over a five-year period rather than in Chapter 7 where their debts are eliminated. The law does provide for extraordinary circumstances, however, so those reeling from Hurricane Katrina or another natural disaster in the future or those who are stricken with a severe illness still will qualify for Chapter 7 protection in most instances.
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Fannie Takes Another Fall
Fortune (10/17/05) P. 219; Birger, Jon
Fannie Mae's stock plunged to $45 a share at the end of September from $77 a share in February 2004. The stock is trading for $5 less than the liquidation value of Fannie Mae's mortgage portfolio, according to figures by UBS analyst Eric Wasserstrom. However, Wasserstrom believes the government-sponsored enterprise's stock will rise to $88 a share when the company fully recovers from its accounting scandal. Fannie Mae's earnings power will take a hit in the near future due to tougher capital requirements and federal reform legislation, with Banc of America analyst Robert Lacoursiere anticipating a 37-percent decline in earnings this year and a 1-percent gain next year.
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Interim OFHEO Chief Starts Three Offices
American Banker (10/17/05)
The Office of Federal Housing Enterprise Oversight now has an Office of Executive Director, an Office of Human Resources Management and an Office of Budget and Financial Management, as a result of recent organizational changes made under the direction of interim chief Stephen Blumenthal.
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U.S.: Rate Pressure Starts Leaving a Footprint
Business Week (10/17/05) No. 3955, P. 33; Cooper, James C.; Madigan, Kathleen
The bond market finally is reacting to interest-rate hikes by the Federal Reserve, with experts now predicting a slowdown in the housing sector as a result. Inventory is on the rise, although it is normal for the housing market to weaken in the fall because of the start of the new school year. Business Outlook reveals that the supply of new homes has hit a five-year high of 4.7 months, and the number of resale homes for sale has been moving upward as well over the past six months. Experts anticipate a shift to a buyer's market, as higher mortgage rates make it more difficult for sellers to set ambitious asking prices.
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Obscure Refinance Rule Adds More Risk
San Jose Mercury News (CA) (10/17/05) P. A1; Schwanhausser, Mark
Homeowners in California are protected by a state law that bars lenders from taking their cars, savings and brokerage accounts and real-estate holdings and assets other than the primary residence in the event of a foreclosure sale that does not pay off all of their housing-related debts. However, those protections are afforded only to residents who still hold the original mortgage and do not apply to those who have refinanced. Judicial foreclosures likely will rise in the event of a severe market downturn or natural disaster, and changes in the federal bankruptcy law that makes it more difficult for consumers to erase their debts also will have an impact. According to University of Nevada-Las Vegas business-law professor Robert Aalberts, "You will see people in involuntary servitude for years, trying to pay off their real estate debts" as a result of the reform legislation.
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Connecticut to Launch Campaign to Prevent Predatory Lending
RisMedia.com (10/17/05); Bresnahan, Beth
Freddie Mac is among a coalition of 63 public and private organizations that recently launched a public education campaign intended to prevent predatory lending in Connecticut. The state's Don't Borrow Trouble campaign uses the state's 2-1-1 Infoline to put callers in touch with trained professionals who can offer free legal advise for buying a home, refinancing an existing property, consolidating debt, avoiding foreclosure and taking out a home-equity loan. The coalition is hoping that by offering free assistance via the Infoline, more Connecticut residents--especially minorities, first-time homebuyers and the elderly--will be able to avoid such common abusive lending practices as excessive fees and exorbitant interest rates. Rep. Rosa DeLauro, D-Conn., commented, "Predatory lenders thrive on taking advantage of some of the most vulnerable in society. But through a targeted public education campaign, [this] initiative will greatly reduce predatory lending, warning all Connecticut residents of the damage this practice can cause."
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| Long-term Yields Continue to Trend Up |
MBA (10/17/2005) Velz, Orawin
Last week’s reports provided the first full month of data for import and consumer prices in the aftermath of Hurricane Katrina. As expected, prices surged in September as a result of a spike in energy and natural gas prices.
Higher energy prices are expected to feed through to underlying or core consumer prices (excluding food and energy items), but their impact did not show up in the September consumer price report. The core consumer price index increased by 0.1 percent for a fifth consecutive month. From a year ago, core prices increased by just 2.0 percent, down from 2.1 percent in August.
While Katrina eroded consumer sentiment and caused large declines in industrial production, its negative impact on consumer spending was modest in September, as retail sales outside of autos continued to be healthy.
The impact of Katrina on prices was the main reason for the hawkish comments in the Federal Open Market Committee (FOMC) minutes from the September meeting and in several speeches by Federal Reserve officials over the past few weeks. While FOMC members agreed that core inflation was still contained, they noted that Katrina was likely to increase inflationary pressures, largely as a result of higher energy prices. Thus, the Fed increased its forecast for overall inflation in 2005 and core inflation in 2006. Many fed officials have recently commented that core inflation has risen to the high end of a “comfort zone” or “tolerance zone” of price stability.
News of contained underlying inflation failed to calm the financial markets. The fed funds futures market continues to expect an increase in the federal funds rate to 4.00 percent at the next FOMC meeting on November 1st and another increase to 4.25 percent on December 13th. The upward trend in long-term interest rates continued through the end of week. The yield on 10-year Treasuries rose to 4.48 percent by mid-Friday afternoon—the highest rate since early April and 13 basis points higher than the rate on the previous Friday.
This week’s most important economic report will be the Producer Price Index for September (Tuesday), which will shed some light on inflation at various stages of the production process in the aftermath of Katrina. Two reports involving the housing industry include the National Association of Home Builders Housing Market Index for October (Tuesday) and September housing starts (Wednesday). Home builders’ optimism slipped in September to its lowest level since February 2004. Steadily rising mortgage rates over the past month and signs of cooling in the new home market should continue to weigh on builders’ confidence. For housing starts, the impact of Katrina is likely to show up in the September data, with residential construction softening further for the third consecutive month.
(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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| Technology Tools Dig Under HMDA Surface |
MBA (10/17/2005) Murray, Michael
As analysts continue to research Home Mortgage Disclosure Act (HMDA) data from 2004, technology companies are digging deeper to capture more concise answers about lending discrepancies.
While HMDA activity in 2004 increased from 2003 by nearly 9 percent, 33.6 million applications, including purchased loans, were reported from 8,853 lenders, a drop from 2003 totals because of the falloff in refinance activity. Slightly more than 15 million applications turned into home loan originations, with 2.1 million originations carrying a reported rate spread at 3 percent or more above the threshold for first-lien transactions and 5 percent or above for second-lien transactions.
But current HMDA data has no credit score information, no credit decisions or pricing information that would “contextualize the results” in the data itself, according to Todd Cooper, chief product manager at PCi, Boston. “The data are the data but I would suggest that all pools are not created equal,” he said.
According to Cooper, a lender in a metropolitan area with strong pricing differentials between protected and unprotected classes will want more data and analysis before drawing any conclusions. “That is the line between what the data shows and what data needs to be brought into the analysis to get the full picture,” he said.
CLC Compliance Technologies (ComplianceTech) , Washington, D.C, provides software, consultation and analysis with the data. “Sometimes even a software client will want an independent third-party opinion or audit,” said Michael Taliefero, co-founder and managing director of ComplianceTech. “In other cases, clients will build their entire fair lending operation around the software and we provide advice on this implementation, data migration and initial risk assessment.”
PCi’s role is to supply the tools and data set to allow others to draw conclusions from it. “The ability to drill in really blows [the data] up for [lenders], even the smaller and mid-size lenders all over the country,” Cooper said. “They can extend their data to include the front and back end ratios and the credit score information. Other information like that can help contextualize the decisions that were made as to whether or not the loan was funded and also the pricing on funded loans.”
PCi focuses its filters on particular geographic locations and details specific lender origination rates within certain areas, protected and unprotected classes, and shows a lender’s range of price thresholds within those areas. Individual neighborhoods, down to the cul-de-sacs, high minority and/or low-income areas and lender types all factor into the equation and lenders can drive down into specific aspects of that data, Cooper said.
There are a variety of factors that can influence the interpretation of aggregate data, especially in regards to calculating racial lending disparities in the context of fair lending analysis,” Taliefero said.
ComplianceTech uses its Shamus software to factor in lender data, including debt ratios, credit scores and loan-to-value information. “Without the drill down you are left with a very misleading impression of what the data says,” Taliefero said.
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| Residential Briefs |
MBA (10/17/2005) McAfee, Jamie
Dorado Corp., San Mateo, Calif., and The First American Corp., Santa Ana, Calif., announced that Prado Mortgage deployed a Dorado/First American integrated point-of-sale (POS) mortgage origination product. Dorado will combine its origination technology with First American’s to meet the needs of Hispanic homebuyers. The product allows Prado broker-advisors to pull credit, select a loan program and pre-approve a consumer at the POS.
Prado Mortgage, and Option One Mortgage Corp., Irvine, Calif., will form a business partnership to expand Option One’s services to the Hispanic community. The business partnership was developed through Option One’s involvement with National Association of Hispanic Real Estate Professionals (NAHREP).
To help facilitate this, an Option One underwriter will work out of Prado’s Las Vegas office by purchasing loans originated authorized by Option One’s underwriter.
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LoanPerformance, a subsidiary of Santa Ana, Calif.–based First American Real Estate Solutions (RES) released a beta version of TrueStandings Servicing, a Web-based analysis and reporting product.
TrueStandings provides access to delinquency, prepayment and loan characteristics on more than 40 million active mortgage loans and offers additional access to a historical database of more than 100 million loans.
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HUD announced a mortgage-financing program that requires no down payment for victims who suffered destroyed or damaged homes because of Hurricanes Katrina or Rita . In addition to requiring no down payment, potential homeowners can live anywhere they choose in the U.S.
Under the mortgage program, Section 203(h), HUD, through the Federal Housing Administration (FHA), will insure mortgages for individuals or families in a Presidentially-declared disaster area whose residences were destroyed or damaged to such an extent that reconstruction or replacement is necessary.
Borrowers must be able to qualify for FHA mortgages, will not have to put any cash down to purchase the property. In addition, the FHA mortgage insurance premiums can be financed into the mortgage amount, so only minimal closing costs would be required.
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| NYC Mayor Launches $200M Affordable Housing Initiative |
MBA (10/17/2005) Murray, Michael
Seven national philanthropies, New York City financial institutions and the city government will launch a $200 million initiative called the New York Acquisition Fund to finance construction and preservation of more than 30,000 units of affordable housing across the city in the next decade.
Mayor Michael Bloomberg (R), New York City Department of Housing Preservation Commissioner Shaun Donovan and the chief executives of the seven charities announced the New York Acquisition Fund initiative to include $26.5 million from the Ford Foundation, the Rockefeller Foundation and the Starr Foundation; $8 million allocated from the corporate reserves of the New York City Housing Development Corporation (HDC); and $160 million from major banks and financial institutions in New York City.
Local and non-profit developers would go through the fund to acquire private property for the construction and preservation of affordable housing, including rental, homeownership and supportive housing.
Financial institutions will fund the loans to affordable housing developers through non-profit lenders including the Enterprise Foundation LISC, The Corporation for Supportive Housing and the Low Income Investment Fund. A $40 million “guarantee pool” provided by the foundations will secure loans made by the financial institutions and the non-profit lenders if a developer defaulted on a loan.
Industry participants said developers most interested in developing affordable housing are non-profit organizations and smaller local developers who typically do not have the financial resources to compete to acquire property in the private market. “Developers interested in building or acquiring affordable housing will now receive a helping hand when competing for privately-owned land or housing,” Donovan said.
“The limited availability of land for development of affordable housing has become a major issue in many cities,” said Ford Foundation President Susan Berresford. “This unique partnership will provide much-needed capital to build and preserve affordable housing for tens of thousands of New Yorkers who otherwise might lack a secure home. It shows the power of collaborations that generate public and private investments to improve opportunities for low-income families.”
The Open Society Institute (OSI) will lend its support for startup operations on the fund as it did in a similar program it created in South Africa. “It worked with the post-apartheid government to finance the construction of homes for low-income families,” said Gara La Marche, vice president of U.S. programs at OSI.
Bloomberg said his administration committed to build or rehab 86,500 units of affordable housing for more than 250,000 New Yorkers at the cost of nearly $4 billion. “In the first 18 months of our administration, we invested $750 million into building and rehabbing more than 18,500 units of housing throughout the City,” Bloomberg said. “About 15,000 of them have already been completed. We have also launched a $3 billion initiative to build and renovate 68,000 units of affordable housing for 200,000 New Yorkers by the end of 2008.”
In August, the last citywide Requests for Proposals for 248 vacant Housing Preservation Development Corp. (HPD)-owned sites suitable for residential development were issued. The redevelopment of the former New York City-owned portfolio of land and buildings produced more than 229,000 apartments and houses since 1987.
“As the HPD develops a new housing pipeline, the Acquisition Fund will create a new set of opportunities for affordable housing using land and buildings in the private market,” Donovan said.
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| DealMaker of the Day |
MBA (10/17/2005) Murray, Michael
Holliday Fenoglio Fowler LP, Boston, arranged more than $60 million for retail properties in California and Tennessee.
HFF's Los Angeles office arranged a $50 million refinancing for 555 Ninth Street, a 148,832 square foot, Class A retail center in San Francisco on behalf of SPI Holdings LLC. 555 Ninth Street is located in the South of Market area of San Francisco. The property was built in 1991 and is 100 percent occupied by seven tenants including Bed Bath & Beyond, Nordstrom Rack, Trader Joe's and Pier 1 Imports.
HFF senior managing director Paul Brindley arranged a 10-year, interest-only, fixed-rate, securitized loan through Greenwich Capital Markets, Greenwich, Conn. SPI, a private real estate investor and developer, currently owns and controls a four-million square foot institutional quality portfolio. "The refinancing allowed the borrower to pull out some proceeds, but more importantly, lock in a long-term rate that is very attractive as long-term owners," Brindley said.
The Houston office of HFF arranged $11.23 million in financing for Parkway Town Center, a 65,840-square-foot, Publix-anchored retail center in Smyrna, Tenn.
HFF director Tucker Knight, working on behalf of Newco-Ridley LLC, secured a $10 million, 10-year, fixed-rate, securitized loan through Principal Global Investors. The loan has a 30-year amortization. In addition, a $1.23 million mezzanine loan was placed with RAIT Investment Trust . The borrower is an affiliate of PGM Properties LLC, which is a Tennessee commercial real estate development company that specializes in grocery anchored retail centers.
Parkway Town Center, completed in May, consists of one main building plus four out parcels that are 95 percent occupied by Publix, Great Clips, Pet Supermarket and Blue Coast Burrito. Phase II is under construction, due for completion in late 2006, and the retail center will add another 8,000 square foot pad site that is not included in this financing. The nearly 14-acre retail center is located at the southeast corner of Sam Ridley Parkway and Jim Parker Drive in Smyrna, a southeast suburb of Nashville.
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| CampusMBA Offers SPeRS Workshop Nov. 3-4 |
MBA (10/17/2005) Sabol, Krista
To help mortgage professionals learn how to deploy SPeRS (Standards and Procedures for Electronic Records and Signatures) in their own electronic mortgage initiatives, CampusMBA, the education arm of the Mortgage Bankers Association, offers the SPeRS Workshop at MBA Headquarters in Washington, D.C., November 3-4.
Led by the industry’s foremost experts on mortgage technology, the program will provide students with a better understanding of how to use SPeRS principles and standards to ensure that their online programs are consistent with other industry-wide developments.
SPeRS is a cross-industry initiative to establish commonly understood “rules of the road” or guidelines for using and accepting electronic records and signatures. With the statutory framework in place for the enforceability of electronic records and signatures firmly established by the federal E-Sign legislation (ESIGN) and the rapid adoption of the Uniform Electronic Transactions Act (UETA), businesses must now invest significant time, effort and manpower in answering the questions of how to handle the practical, routine aspects of electronic transactions.
The SPeRS guidelines provide concrete, practical, technology-neutral advice and strategies for understanding the legislation, recognizing the pitfalls, and answering the questions that might not be readily apparent in issues. These issues include:
• Understanding the risks and liabilities associated with accepting and using a PIN or password;
• Obtaining a consumer's consent to use electronic records and signatures;
• Selecting a signature process that is appropriate for the transaction;
• Establishing the intent to sign an electronic record;
• Effectively delivering information in an electronic environment;
• Using hyperlinks and other devices used in referencing, displaying, and drawing attention to information and disclosures; and
• Describing and offering the option to download or print out documents the transaction participant is entitled to retain.
Instructors include Jeremiah Buckley and Margo Tank, founding partners of Buckley Kolar LLP; Christopher Christensen, an associate with PeirsonPatterson LLP; Harry Gardner, senior director of MBA Industry Standards and a member of the SPeRS Drafting Committee; Gabe Minton, vice president of MBA Business Technology and member of the SPeRS Drafting Committee; John Taggart, vice president and assistant general counsel with General Electric Mortgage Insurance Corp., and chairman of the SPeRS Drafting Committee.
This program is designed for teams consisting of business, IT, legal and compliance personnel, as well as systems analysts and business personnel with an interest in eMortgage applications. Workshop attendees will learn how eMortgages are changing the mortgage industry and understand the secondary market and GSE reaction to these developments. Participants will learn how to:
• Authenticate system users;
• Provide notices and disclosures over the Internet in compliance with applicable laws;
• Establish business processes that create valid and binding eMortgages;
• Document retention strategies to ensure that attendees' companies purchase the correct technology for their applications; and
• Use SPeRS and MISMO standards to develop eMortgage processes that comply with both legal requirements and evolving industry standards.
To learn more, go to the program agenda at http://www.campusmba.org/pdf/spers_agenda.pdf . http://www.campusmba.org/content.cfm?section=142Attendees of this event will earn four points toward MBA's Certified Mortgage Banker designation (http://www.campusmba.org/index.cfm?STRING=cmb_content.cfm) and the Certified Mortgage Technologist designation (http://www.campusmba.org/index.cfm?STRING=content.cfm?section=142).
You can Register online for the SPeRS Workshop at http://store.mortgagebankers.org/ProductDetail.aspx?product_code=E2601774%2fREGIS or call (800) 348-8653 to reserve your seat in the course. To learn more, visit the program Web site at http://www.campusmba.org/index.cfm?STRING=content.cfm?section=899.
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| MBA Legal Issues in Mortgage Tech Conference Nov. 30-Dec. 2 |
MBA (10/17/2005) Roundy, Alicia
Because your business environment is constantly changing, you need to know the latest legislative, regulatory and compliance issues and their relationship to technology issues, strategies and infrastructure.
The Mortgage Bankers Association's Legal Issues in Mortgage Technology Conference, November 30-December 2 in San Diego, is devoted to current and emerging legal and regulatory issues affecting the technology of mortgage banking, including online mortgage lending and electronic mortgages. This conference features detailed information on how the most recent developments in the legislative, regulatory and compliance landscape will affect your company’s technology strategies and infrastructure.
Learn more about Real Estate Settlement Procedures Act (RESPA) and Truth in Lending Act (TILA), Electronic Signatures in Global/National Commerce (ESIGN) and Uniform Electronic Transactions Act (UETA), Intellectual Property Rights (IPR), eNotarization and eRecording, ePackaging, identity theft and data security, Home Mortgage Disclosure Act (HMDA) and Fair Lending, Fair Credit Reporting Act (FCRA) and privacy-related issues, RegAB and other relevant legislative and regulatory issues.
Who Should Attend:
• General counsel
• Regulatory compliance professionals
• Senior executives
• Business managers
• Information technology professionals
• Private attorneys who represent mortgage banking companies, depository institutions or secondary market organizations on issues of real estate finance
• Other personnel involved in legal and regulatory issues
Panelists feature staff from the Mortgage Bankers Association; Fannie Mae; Freddie Mac; major law firms such as Weiner, Brodsky, Sideman, Kider PC, Kirkpatrick & Lockhart, Nicholson, Graham LLP, Buckley Kolar LLP and Lotstein Buckman LLP; and major corporations including Countrywide.
The conference will take place at the Sheraton Suites San Diego, where registrants get a discount rate of $169/night (single). Hotel cut-off date is November 8; the hotel phone number is 1-888-627-8067.
To register, go to http://shop.mortgagebankers.org or call 1-800-793-6222. For more information, visit the conference Web site, http://events.mortgagebankers.org/legaltech2005/default.html.
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| MBA Advocacy Update |
MBA (10/17/2005) Pfotenhauer, Kurt
Congress was in recess last week, but will return to session today, October 17.
MBA Leading Fight to Preserve Mortgage Interest Deduction
The Mortgage Bankers Association is undertaking an extensive campaign to prevent elimination or partial elimination of the mortgage interest deduction. During the October 11 meeting of the President's Advisory Panel on Federal Tax Reform, a panel member suggested lowering the limit on mortgages eligible for the interest deduction from the current $1 million to the FHA loan limit, which is currently $312,895 in high-cost areas.
The proposal grabbed immediate media attention and could be attractive to some lawmakers because they could to use the savings from reducing the deduction to offset the costs of other proposed policy changes.
MBA is on record with the President's Tax Reform Panel against such a proposal. In the coming weeks, MBA will work with members of Congress and other policymakers to ensure that the arguments against lowering the cap on mortgage interest deduction are heard clearly.
In the Executive Order establishing the panel, President Bush clearly asked it to provide options to reform the Federal Internal Revenue Code while bearing in mind the goals of simplification, fairness, economic growth and support for charitable giving and homeownership. MBA believes that a proposal to lower the cap on the mortgage interest deduction runs contrary to the goals set forth by the President, and could cause serious harm to homeownership and the economy, particularly in high cost areas, where the median home price often exceeds the $312,895 FHA limit.
GSE Oversight Reform Update
MBA staff this week completed a round of meetings with policymakers in anticipation of H.R. 1461, the House GSE bill, coming to the House floor in the coming weeks. The best estimates anticipate that it will be on the floor during the week of October 24. MBA is working to prevent an amendment that would strike "bright line" language from the House bill.
For more information, please contact Erick Gustafson at (202) 557-2913 (egustafson@mortgagebankers.org).
MBA Submits Three Comment Letters to FASB
On October 10, MBA submitted three comment letters to the Financial Accounting Standards Board (FASB) on three Exposure Drafts that would amend FAS 140-Accounting for Transfers & Servicing of Financial Assets and Extinguishments of Liabilities.
In comments on the first exposure draft, Accounting for Servicing of Financial Assets, which would permit servicers to elect to report their servicing rights at fair value, MBA urged FASB to consider permitting servicers to elect to measure their servicing rights at fair value on a less expansive basis than the proposed "class of servicing rights" (e.g. servicing of mortgages vs. auto loans). MBA also urged FASB to release the guidance in final form as soon as possible, with minor clarifications.
The second ED, Accounting for Transfers of Financial Assets, would clarify the derecognition requirements for financial assets. In its comments, MBA requested clarification on a number of points, including the circumstances in which legal opinions are needed.
The final ED, Accounting for Certain Hybrid Financial Instruments, would eliminate a temporary exemption from Statement 133 for certain securitized interests and to simplify the accounting for hybrid instruments. MBA points out in its letter that it strongly supports the proposed fair value election described in the ED, but notes that the FASB should amend the guidance to permit holders to apply the fair value election to existing hybrid instruments, and that the guidance should be expanded to address how hybrid instruments held at fair value should be reported in holders' financial statements.
For more information, please contact Alison Utermohlen at (202) 557-2864 (autermohlen@mortgagebankers.org).
Policy Recommendations Submitted to FHA on Hurricane Katrina
Last week, MBA staff met with senior FHA staff, including Commissioner Brian Montgomery, to discuss MBA's response to Hurricane Katrina. FHA is still trying to evaluate the scope of flood losses from Katrina before it decides to insure those losses. At FHA's request, MBA submitted a number of legislative and regulatory options for FHA to review as it decides the best course of action. A copy of those recommendations is attached.
For more information, please contact Tim Doyle at (202) 557-2860 (tdoyle@mortgagebankers.org).
MBA Thanks FHA Commissioner for Recent Program Changes
Regina Lowrie, MBA Chairman-Elect, recently sent a letter on behalf of MBA thanking Federal Housing Administration Commissioner Brian Montgomery for several recently announced program changes at FHA.
Over the past several months, FHA has announced significant changes to its programs and processes and many lenders have sensed a greater bias towards action from FHA in implementing improvements. Most significantly, just a few weeks ago, FHA announced implementation of electronic endorsement, known as Lender Insurance, which will allow lenders to self-endorse loans for FHA insurance and eliminate the need for sending any paper files into FHA for pre-endorsement reviews. Last year, more than one million paper loan files were sent to FHA for review prior to endorsement.
In response to a letter sent by MBA to FHA in July of this year asking that FHA modify its appraisal requirements in light of the new Uniform Residential Appraisal Report (URAR) forms developed by Fannie Mae and Freddie Mac, FHA announced changes that bring the FHA appraisal process much closer to alignment with conventional mortgages.
Earlier this year, FHA announced the Streamline 203(k) program, which will allow borrowers to add up $15,000 into the loan amount for repairs to be completed post-closing with greatly reduced requirements from the regular 203(k) program. This idea is the product of a working group that MBA developed several years ago in order to find ways to help FHA borrowers address property conditions without having a purchase contract terminated.
For more information, please contact Tim Doyle at (202) 557-2860 (tdoyle@mortgagebankers.org).
U.S. District Court Halts NY AG's Investigation into Lending Practices
On October 12, U.S. District Court Judge Sidney Stein permanently barred New York State Attorney General Eliot Spitzer (D) from subpoenaing documents and instituting enforcement actions against national banks as part of a fair lending investigation exploring the possibility of racially discriminatory practices in residential lending.
Stein ruled that Spitzer’s office had infringed on the Office of the Comptroller of the Currency's role in supervising national banks. The ruling prevents Spitzer's office from issuing subpoenas or demanding inspection of the books and records of any national banks in connection with the probe. It also orders Spitzer not to institute any enforcement actions to compel compliance with his information requests and prevents his office from instituting court actions against national banks to enforce state fair lending laws.
A copy of the decision is attached .
For more information, please contact Ken Markison at (202) 557-2930 (kmarkison@mortgagebankers.org).
Louisiana Governor Calls Extraordinary Session
To address the devastation and destruction caused by Hurricane Katrina, Louisiana Gov. Kathleen Blanco (D) has called for an extraordinary session from November 6-18.
Prior to the commencement of this upcoming extraordinary session, the Joint House and Senate Commerce Committee will meet October 18 to discuss draft forbearance legislation that would modify payments and terms on residential loans following a natural disaster, specifically allowing borrowers not to make any payments for 12 months. There is widespread concern about the length of the forbearance and its potential impact on the secondary market.
State Sen. James David Cain (R) has circulated the language. However, the latest intelligence indicates that he does not plan to introduce this bill during the special session. Instead, he plans to hold a press conference, or issue a press release, in which he is expected praise the efforts of lenders to assist their mortgagors.
MBA is working closely with the Louisiana Mortgage Lenders Association (LA MLA), preparing a joint letter that will be distributed to Joint Commerce Committee members and providing the LA MLA with talking points for the Committee meeting.
To be completely prepared for this short, fast-paced session MBA and the LA MLA held an additional strategy conference call Friday.
Also of note, the Louisiana State Law Institute met on October 7 to discuss emergency legislation during the impending session; during the meeting, an effort to recommend legislation putting a moratorium on mortgage foreclosures was reportedly unsuccessful.
For more information, please contact Beth Percynski at (202) 557-2866 (bpercynski@mortgagebankers.org)
California Fax Ban Bill Signed into Law
California Gov. Arnold Schwarzenegger (R) signed a fax ban bill into law last Friday. The statute creates a ban on unsolicited advertising faxes "if the recipient is located in California," regardless of whether the sender is also in California. The new law does not provide an established business relationship exception to the ban on unsolicited commercial faxes.
Similar to the July 2003 FCC regulations, this new law does not appear to provide an established business relationship exception to the ban on unsolicited commercial faxes. Although the new law permits an exception for non-profit trade groups in certain instances, the exception does not encompass faxing material advertising the availability of third-party services or goods. Those in violation of the law face a $500 penalty, with treble damages for those who intentionally violate the law.
This new law takes effect on January 1.
For more information, please contact Beth Percynski at (202) 557-2866 (bpercynski@mortgagebankers.org) or Vicki Vidal at (202) 557-2861 (vvidal@mortgagebankers.org).
MBA Holds Member Fly-in Meeting on RMBS and Regulation AB
MBA staff and representatives of 14 member firms met in Chicago this week to discuss issues facing the residential mortgage-backed securities (RMBS) sector in complying with the Securities and Exchange Commission's Regulation AB. The regulation covers the registration, disclosure and reporting for public asset-backed securities. Compliance issues face issuers, trustees, servicers, custodians and vendors of all types who sponsor private-label transactions, provide the mortgage collateral for them or support the deals.
At the fly-in meeting, MBA had representatives of firms acting as originators, servicers, trustees and issuers, and the discussion involved identification of unresolved issues and establishment of a list of actions to be taken by MBA staff on behalf of the RMBS sector. MBA staff members from the MISMO, accounting, servicing, secondary, and economics and research areas were in attendance, reflecting the broad reach of the SEC regulation and the importance of the rapidly developing RMBS business.
For more information please contact Kathy Gibbons at (202) 557-2870 (kgibbons@mortgagebankers.org), Alison Utermohlen at (202) 557-2864 (autermohlen@mortgagebankers.org), or Vicki Vidal at (202) 557-2861 (vvidal@mortgagebankers.org).
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| MBA to Hold Residential Members-Only Forum at Annual Convention |
MBA (10/17/2005) Kooper, William
The Mortgage Bankers Association’s Government Affairs staff has revamped its Residential Town Hall meeting at MBA’s Annual Convention & Expo. The new Residential Members-Only Forum will take place at the Annual Convention in Orlando, Fla., at the Walt Disney World Swan and Dolphin, Americas Seminar Room, Ballroom Level, at 4:00 p.m. EDT on Sunday, October 23.
Over the past several years, MBA has held the Residential Town Hall meeting. The purpose of the event has been to encourage dialogue between MBA members and the leadership of MBA in an open forum. This year, several improvements have been made to this event to help it achieve its goal of providing a vital feedback loop for members to their leaders.
This year, the event has been renamed the Residential Member-Only Forum, and non-members, as well as media, will not be permitted to participate.
In addition, the format of the event will change. Instead of having a panel of MBA leaders make presentations, only a very brief presentation from MBA leadership will take place, followed by a discussion period for the rest of the hour-long session. To make this happen, panelists will ask the audience a series of questions top elicity member feedback, such as fraud schemes; RESPA reform; HMDA data; GSE reform; Sarbanes-Oxley compliance; data security; FHA revitialization; predatory lending legislation and fraud against mortgage lenders.
Please plan to attend the event and encourage others in your firm attending the Convention to do so as well. And be prepared to participate in the dialogue.
For more information, visit the Annual Convention Web site, http://events.mortgagebankers.org/92nd_annual/sessions/default.aspx#INFO.
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| Washington: The Week Ahead |
MBA (10/17/2005) Sorohan, Mike
A busy week on Capitol Hill—and an even busier weekend in Orlando, as the Mortgage Bankers Association gears up for its 92nd Annual Convention & Expo.
The Senate Banking Committee will hold a hearing on “The Future of the National Flood Insurance Program.” The hearing takes place on Tuesday, October 18 at 10:00 a.m. EDT in room 538 of the Dirksen Senate Office Building.
Scheduled witnesses include David Maurstad, acting director of the Mitigation Division at FEMA; William Jenkins, director of Homeland Security and Justice with the Government Accountability Office; J. Robert Hunter of the Consumer Federation of America; Doug Elliott of the Center on Federal Financial Institutions; Robert Hartwig of the Insurance Information Institute; Chad Berginnis on behalf of the Association of State Floodplain Managers; and Marc Brown, professor at the University of Wisconsin.
Later that day, the Banking Committee will hold a hearing on “Growth and Development of the Derivatives Market." That hearing will take place at 2:30 p.m. EDT in 538 Dirksen.
Scheduled witnesses include James Newsome, president of the New York Mercantile Exchange; Joseph Bauman, former chairman of the International Swaps and Derivatives Association; Paul Bennett, chief economist with the New York Stock Exchange; and Charles Smithson, managing partner with Rutter Associates.
The House Financial Services Subcommittee on Financial Institutions and Consumer Credit holds a hearing on H.R. 3505, the “Financial Services Regulatory Relief Act of 2005." The hearing takes place on Tuesday, October 18 at 10:00 a.m. EDT in room 2128 of the Rayburn House Office Building.
The Subcommittee on Housing and Community Opportunity holds a hearing on Thursday, October 20 on “Management and Oversight of the National Flood Insurance Program.” That hearing also takes place in 2128 Rayburn at 10:00 a.m. EDT. Panelists for the hearing are expected to be similar to the Senate Banking Committee hearing on October 18.
Preliminary meetings at MBA’s Annual Convention take place beginning on Friday, October 21, including the MBA State/Local Workshops. The Annual Convention officially kicks off on Sunday, October 23.
MBA NewsLink will provide complete coverage, including twice-daily editions on Monday, October 24 and Tuesday, October 25. For more information about the Annual Convention, go to http://events.mortgagebankers.org/92nd_Annual/default.html.
Senate hearings can be accessed live over the Internet at www.capitolhearings.org; House Financial Services Committee hearings can be viewed live over the Web at http://financialservices.house.gov/.
Upcoming Reports/Events:
Oct. 18: Producer Price Index, Labor Department
Oct. 18: Housing Market Index, National Association of Home Builders
Oct. 19: MBA Weekly Application Survey
Oct. 19: New Residential Construction, Commerce Department
Oct. 19: Beige Book, Federal Reserve Board
Oct. 20: Composite Indexes, The Conference Board
Oct. 21-22: MBA State & Local Workshop, Orlando
Oct. 23-26: MBA Annual Convention & Expo, Orlando
Oct. 24: Housing Vacancies and Home Ownership, Commerce Department
Oct. 25: Existing Home Sales, National Association of Realtors
Oct. 25: Consumer Confidence, The Conference Board
Oct. 26: MBA Weekly Application Survey
Oct. 27: Revised Building Permits, Commerce Department
Oct. 27: Advance Durable Goods, Bureau of the Census
Oct. 27: New Residential Sales, Commerce Department/HUD
Oct. 28: Gross Domestic Product, Labor Department
Oct. 28: Employment Cost Index (3rd Quarter), Labor Department
Oct. 31: Personal Income, Labor Department
Nov. 1: Federal Open Market Committee
Nov. 1: Construction in Place, Commerce Department
Nov. 1: ISM Index, Institute for Supply Management
Nov. 1-2: CampusMBA: Real Estate Appraisal for Mortgage Lenders Workshop, Chicago
Nov. 2: MBA Weekly Application Survey
Nov. 3-4: CampusMBA SPeRS and MISMO Workshop, Washington, D.C.
Nov. 3: Productivity and Costs, Bureau of Labor Statistics
Nov. 3: ISM Services, Institute for Supply Management
Nov. 3: Manufacturer Shipments, Inventories & Orders, Commerce Department
Nov. 4: Employment, Labor Department
Nov. 4: Joint Economic Committee Statement
Nov. 6-11: CampusMBA School of Mortgage Banking Course I, Tampa, Fla.
Nov. 7: Consumer Credit, Federal Reserve
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. 9: MBA Weekly Application Survey
Nov. 9: Wholesale Trade, Bureau of the Census
Nov. 10: Trade Balance, Commerce Department
Nov. 10: Imports/Exports, Commerce Department
Nov. 10: Treasury Department Monthly Statement
Nov. 10-11: MBA Residential Underwriting Conference, Coronado, Calif.
Nov. 11: Veterans Day Holiday
Nov. 15: Producer Price Index, Bureau of Labor Statistics
Nov. 16: MBA Weekly Application Survey
Nov. 16: Business Inventories, Commerce Department
Nov. 16: Real Earnings, Bureau of Labor Statistics
Nov. 16: Consumer Price Index, Bureau of Labor Statistics
Nov. 16: NAHB Housing Market Index, National Association of Home Builders
Nov. 17: New Residential Construction, Commerce Department
Nov. 17: Industrial Production and Capacity, Federal Reserve
Nov. 17: Composite Indexes, The Conference Board
Nov. 23: MBA Weekly Application Survey
Nov. 24: Thanksgiving Holiday
Nov. 28: Revised Building Permits, Bureau of the Census
Nov. 28: Existing Home Sales, National Association of Realtors
Nov. 29: Advance Durable Goods, Bureau of the Census
Nov. 29: New Residential Sales, Commerce Department/HUD
Nov. 29: Consumer Confidence, The Conference Board
Nov. 30: MBA Weekly Application Survey
Nov. 30: Gross Domestic Product, Bureau of Labor Statistics
Nov. 30: Corporate Profits, Bureau of Economic Analysis
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
Dec. 25: Christmas Holiday (official)
Dec. 26: Christmas Holiday (observed)
2006
Jan. 1: New Years Holiday (official)
Jan. 2: New Years Holiday (observed)
Jan. 8-13: CampusMBA School of Mortgage Banking I, Dallas
Jan. 22-27: CampusMBA School of Mortgage Banking III, San Francisco
Jan. 23-24: CampusMBA Commercial Loan Origination 101, San Francisco
Jan. 24-26: CampusMBA Quality Assurance Principles, San Francisco
Jan. 29-Feb. 3: CampusMBA School of Mortgage Banking II, Phoenix
Jan. 31: Federal Open Market Committee
Jan. 31-Feb. 1: CampusMBA Best Practices/Financial Control and Investor Administration Workshop, 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. 9: CampusMBA Detecting and Avoiding Mortgage Fraud Workshop, Miami
Feb: 14-17: Servicing Management Workshop, Phoenix
Feb: 14-17: MBA National Mortgage Servicing Conference & Expo, Phoenix
Feb. 26-March 3: CampusMBA School of Mortgage Banking Course I, location TBD
March 6-8: CampusMBA Multifamily Property Inspection Training, Washington, D.C.
March 12-17: CampusMBA Commercial School of Mortgage Banking, Miami
March 13-14: CampusMBA Commercial Loan Origination 201, Miami
March 21-22: MBA National Policy Conference, Washington, D.C.
March 27-29: CampusMBA Multifamily Property Inspection Training, Las Vegas
March 29-April 1: MBA National Technology in Mortgage Banking Conference, San Diego
April 23-28: CampusMBA School of Mortgage Banking Course II, Seattle
April 30-May 3: MBA Legal Issues/Regulatory Compliance Conference, Palm Desert, Calif.
April 30-May 5: CampusMBA School of Mortgage Banking Course II, Long Beach, Calif.
May 2-3: CampusMBA, The Next Step in Combating Mortgage Fraud, Long Beach, Calif.
May 7-10: MBA National Secondary Market Conference, Chicago
May 16-17: CampusMBA Best Practices-Default Administration Workshop, St. Louis
May 16-19: MBA Commercial Asset Administration Conference, New Orleans
June 4-9: CampusMBA School of Mortgage Banking Course III, Oak Brook, Ill.
June 11-14: MBA Presidents Conference, Half Moon Bay, Calif.
June 11-16: CampusMBA School of Mortgage Banking Course II, Las Vegas
June 20-21: CampusMBA Executive Institute--Mortgage Business Professional Issues, TBD
Aug. 7-8: CampusMBA Commercial Loan Origination 301, San Francisco
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
MBA NewsLink, a daily electronic publication, is free to you as an employee of
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The articles printed in MBA NewsLink are the exclusive property of the Mortgage Bankers Association, which reserves all rights. Any reprints or other use of these articles in whole or in substantial part, in any medium, requires advance written permission from the Mortgage Bankers Association. For reprint information on stories in MBA NewsLink, please contact Stefanie Lauff at (800) 394-5157 Ext. 26.
Abstracts
Copyright (c) 2005-2004 Information, Inc., Bethesda, Maryland USA
The links at the end of each abstract are to the publisher, publication, or
article. Some links may require registration or subscription. Information, Inc.
is not affiliated with the referenced publications.
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