
Volume 4 | Issue 204 | Friday, October 21, 2005
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"Clearly hurricanes Katrina and Rita overshadowed the very positive third quarter experienced by North American CMBS. The 348 upgrades set a quarterly record, and the 15 downgrades we initiated marked the lowest number in a three-month period since the second quarter of 2001."
--Credit analyst Roy Chun, managing director of CMBS surveillance at Standard & Poor's.
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Top National News
Residential Finance News
MBA Annual Convention On and Ready
Europeans Embrace Online Banking, Americans Lagging
Residential Briefs
Commercial/Multifamily Finance News
CMBS Upgrades to Record Breaking Quarter, S&P Says
DealMaker of the Day
MBA News
MBA Extends Free Training to Hispanic-American Military
CampusMBA Offers SPeRS Workshop Nov. 3-4
Spotlight: Commercial/Multifamily
Apartment Conditions Hit Highs as Debt Financing Drops
Vote Nears to Regulate Two Mortgage Giants
Washington Post (10/21/05) P. D4; Shin, Annys
Several House lawmakers plan to offer amendments to a bill , scheduled for a full chamber vote next week, that would create a new independent regulator for Fannie Mae and Freddie Mac. Rep. Scott Garrett, R-N.J., plans to offer an amendment that would reduce the combined $1.5 trillion investment portfolios of the government-sponsored enterprises. Additionally, bill co-sponsor, Rep. Michael Oxley, R-Ohio, intends to introduce an amendment that would prevent groups involved in election activity over the past year from receiving money from a proposed affordable-housing fund. The White House, which wants to get tough on Fannie Mae and Freddie Mac, favors a Senate version that dictates which kinds of assets the companies can continue to hold.
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Baker Pitches Bill: Agency to Buy Storm-Hit Property
American Banker (10/21/05) ; Mullins, Luke
Two bills have been introduced to address the plight of property owners and lenders in hurricane-ravaged areas. A measure sponsored by Rep. Richard Baker, R-La., would create the Louisiana Recovery Corp.--which would use U.S. government-backed debt to purchase and redevelop damaged property in the state and then give owners the option to buy it back. The goal of the legislation, according to Baker, is to restore "the solvency of financial institutions with loan portfolios secured by damaged collateral" as well as the "economic stability of underinsured or uninsured consumers by negotiating with lien-holders to retire mortgage debt." Meanwhile, Rep. Gene Taylor, D-Miss., is pushing a bill that would allow homeowners in storm-affected locales to retroactively buy flood insurance coverage by paying a decade's worth of past premiums and agreeing to continue paying the premiums in the future.
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Mortgage Rates at 15-Month High
Detroit Free Press (10/21/05) ; Crutsinger, Martin
Freddie Mac reports a rise in the 30-year mortgage rate--which bumped up to 6.10 percent from 6.03 percent last week, hitting its highest level since July 2004. Rates on 15-year, fixed loans averaged 5.65 percent, an increase from 5.62 percent a week ago; and one-year adjustable-rate mortgages averaged 4.89 percent this week, up from 4.85 percent. Industry observer say mortgage rates are climbing due to fears that rising energy prices are causing inflationary pressures as well as concerns that the Federal Reserve will continue to raise interest rates. An increase in borrowing costs could slow the surging housing market, which is expected to reach 1.29 million sales of new homes this year--up from 1.2 million in 2004, according to the National Association of Realtors.
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Mortgage Experiment Shakes San Francisco
Ventura County Star (CA) (10/21/05) ; Leff, Lisa
"Tenancies-in-common" (TIC) housing deals are becoming more and more popular in San Francisco and elsewhere, allowing a group of investors to share a multimillion-dollar mortgage on a small apartment building or other property. The advantages are obvious in a market like the Bay Area, where three-bedroom residences average around $800,000; but the risks can range from financially irresponsible partners to the difficulty of extracting equity. In response, the Bank of Marin this summer began offering fractionalized mortgages that make TICs less co-dependent and more like individually owned condos. With additional lenders likely to pick up the trend, critics charge that the TIC tool could become a mechanism that some developers use to shed rent-controlled properties and circumvent the city's stringent condo conversion limits.
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Ameriquest Exec Faces Panel for U.S. Envoy Post
Los Angeles Times (10/21/05) P. C1; Peterson, Jonathan
Sen. Barack Obama, D-Ill., and Sen. Paul Sarbanes, D-Md., said on Thursday that Roland Arnall's nomination for ambassador to the Netherlands could be delayed until after Ameriquest Capital Corp., his mortgage lending company, resolves an inquiry by regulators and attorneys general in 30 states. Ameriquest has been charged with unfair practices, specifically bait-and-switch tactics, in its business of lending to higher-risk borrowers who are ineligible for conventional financing. The firm has allocated $325 million to settle the investigation and dismissed those staffers responsible, but a final deal has yet to be reached. Obama remarked, "I'm wondering whether it is appropriate for us to send someone to represent our country with these issues still looming in the horizon."
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| MBA Annual Convention On and Ready |
MBA (10/21/2005) Sorohan, Mike
ORLANDO--The Mortgage Bankers Associationcontinues to move forward with the 92nd Annual Convention and Expo here.
As of 7:00 a.m., Hurricane Wilma is over the Yucatan Peninsula in Mexico. It made landfall as a Category 4 hurricane with winds of 150 miles per hour. According to the Weather Channel (www.weather.com) and the National Hurricane Center (www.nhc.noaa.gov), Wilma is moving slowly over the peninsula and should move into the Gulf of Mexico in the next 24-36 hours.
What this means is that if Wilma begins to veer to the north-northeast as expected, it will move across the Gulf toward Florida--although later than anticipated. Earlier forecasts called for Wilma to make landfall in southern Florida on Saturday night; that has now been pushed further back, to Sunday or even early Monday.
"Wilma is expected to come under the influence of westerly winds aloft blowing across the Gulf. That should shift the hurricane toward South Florida during the latter half of the weekend. Time over land plus the influence of westerly shear could weaken this storm considerably even if it approaches Florida," according to the Weather Channel Web site.
"With the current track, only minimal wind and rain are expected in Central Florida throughout this event," said Mark Nelson, vice president of convention sales and services with the Orlando/Orange County Convention & Visitors Bureau. "We are in continual communication with Orange County Emergency Operations Center, which keeps us abreast of the latest official tracking predictions."
Florida Gov. Jeb Bush (R), declared a state of emergency in the state, but emphasized that it was a precaution to ensure that emergency services are prepared.
MBA officials said the convention will go on as scheduled. "The MBA Convention will be taking place as scheduled October 23-26," MBA said in a statement. "We'll continue to monitor the storm's track and if anything changes that would require us to re-evaluate the convention activities, we will notify members. We look forward to seeing you in Orlando."
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| Europeans Embrace Online Banking, Americans Lagging |
MBA (10/21/2005) McAfee, Jamie
Despite fears of identity theft, the majority of Europeans bank online at least half the time, according to a poll from Global Market Insite Inc. (GMI), Mercer Island, Wash. Respondents in the Netherlands, Germany and Denmark led the way for Europeans, while 38 percent of Americans and 30 percent of Japanese bank online. Russia fell in last place banking via the Internet only 5 percent of the time.
GMIPoll , a survey of 17,500 consumers in 18 countries, found that online security fears could be one of the reasons that online banking has not taken off in the U.S. to the extent that it has in Europe. Online banking security fears are noticeably lower in countries which ranked high in online banking use, such as Germany and the Netherlands, where banks have fortified security measures by introducing two-factor authentication policies where some banks now require a third identification number from users, GMIPoll said.
Personal factors were cited as reasons for slower adoption because countries that banked online the least said person-to-person interfaces were an important element of the banking experience. France and Mexico , with 74 percent of respondents, said they highly value the personal touch.
The study showed worldwide youth between the ages of 18 to 29-year-old banked online more than any other age demographic. Online usage among youth corroborated overall survey results with 85 percent of the Netherlands' younger population blazing the online banking trail and Germany, Canada and Poland (73, 64, and 62 percent, respectively) not far behind, GMIPoll said. Only 43 percent of young Americans bank online more than half the time.
Worldwide, consumers said online banking is here to stay, even if security breaches are preventing them going online right now. Seventy-nine percent of consumers worldwide, and 81 percent of Americans, agreed that online and telephone banking have improved overall service quality; and even Russia, which came in last in its online banking usage, responded positively with 75 percent, GMIPoll said.
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| Residential Briefs |
MBA (10/21/2005) McAfee, Jamie
Commerce Velocity, Irvine, Calif., and ComplianceEase, San Francisco, formed a strategic partnership to provide an integrated product through Commerce Velocity's Web-based decisioning and underwriting platforms. ComplianceAnalyzer is an automated compliance product providing loan-level audit reports.
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Atlanta-based Street Resource Group Inc. (SRG) partnered with Calabasas, Calif.–based Interthinx to integrate fraud prevention tools into its SRG Warehouse Loan System. SRG integrated DISSCO, a forensic, electronic fraud prevention tool that searches hundreds of data fields and identifies misinformation from a loan application.
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Portellus, Laguna Hills, Calif., and QuestSoft, Irvine, Calif., integrated QuestSoft's Instant Geocoder XML databases into Portellus’ loan origination system (LOS). Portellus’ Mortgage Solutions Framework allows service-oriented integration throughout its LOS to provide users with the ability to geocode loans for HMDA purposes. The integration also allows users to pool these loans for sale to banks or investors.
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1st Metropolitan Mortgage, Charlotte, N.C., established a relief fund and contributed $25,000 to help its employees and their families affected by Hurricane Katrina. Three MetroBranches in the hurricane’s path were damaged by the storm.
1st Metropolitan is offering branch managers and staff of the MetroBranches the option of relocating to Charlotte, N.C. to ease their burden. The managers and staff would work out of the corporate office with free nationwide licensing. 1st Metropolitan will also help them establish a new client base quickly by offering free direct mail leads in areas not ravaged by Katrina. The national mortgage broker also contacted regulators of affected branch’s neighboring states to learn if they will temporarily honor licenses from Louisiana.
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VirPack, Vienna, Va., enhanced its electronic image loan delivery product, VirPack Direct, to support delivery to Wells Fargo Funding, Des Moines, Iowa. Correspondents can electronically deliver fully indexed loan files to Wells Fargo Funding for purchase review.
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WellFound Decade Corp., Jacksonville, Fla., announced that Alaska USA Federal Credit Union, Anchorage, Alaska, deployed WellFound Decade’s Mortgage Integration Foundation (MIF) to integrate into its systems. By implementing the MIF, Alaska USA can migrate to a Web services platform. The main components should be in place within only 120 days project initiation. Within 30 to 60 days of selecting a vendor for their point of sale (POS), Alaska USA Federal Credit Union can expect to have the system completely integrated.
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Mavent Inc., Irvine, Calif., entered into a strategic partnership with Empower, part of Jacksonville, Fla.–based Fidelity Information Services. Mavent will integrate its product, the Mavent Expert System, into Fidelity's Empower loan origination system (LOS).
The Mavent Expert System submits loan data for reviews against nearly 300 legislative acts, 200 license types and the rules and regulations of over 60 regulatory authorities. Mavent Compliance Warranty protects customers against loss arising from fines and regulatory civil money penalties associated with reviews performed by the Mavent Expert System.
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| CMBS Upgrades to Record Breaking Quarter, S&P Says |
MBA (10/21/2005) Murray, Michael
If not for the devastating hurricanes that hit during the third quarter, rating activity among North American commercial mortgage-backed securities (CMBS) would have been much bigger news, according to Standard & Poor's Ratings Services (S&P), New York. S&P-rated CMBS loans experienced their best three-month period of performance, and brought year-to-date upgrades to nearly 100 more than in all of 2004.
"Clearly hurricanes Katrina and Rita overshadowed the very positive third quarter experienced by North American CMBS," said credit analyst Roy Chun, managing director of CMBS surveillance at S&P. "The 348 upgrades set a quarterly record, and the 15 downgrades we initiated marked the lowest number in a three-month period since the second quarter of 2001. This positive rating activity generated an upgrade-to-downgrade ratio of 23 to 1, the highest in any period that we've been rating CMBS."
The continued strength of the real estate market, low interest rates and an abundance of capital for purchases and refinancings all fuel the ongoing strength of the North American CMBS market and contribute to the low delinquency rate which continues to fall since early 2004.
Chun said the surveillance group identified a large number of transactions with exposure to areas affected by the two hurricanes [Katrina and Rita] during the third quarter, but the structural attributes and diversity of assets in most CMBS deals caused few bonds to actually be affected by the severe weather. "To date, the ratings on only one deal have been placed on CreditWatch negative because of exposure to the affected region," Chun said.
Creekwood Capital Corp.'s 8.47 percent collateralized notes are secured by 33 multifamily units, 21 of which are in the New Orleans area. “The borrower has since paid off the transaction in an effort to expedite the reconstruction process. Generally, we have found that in many of the deals with larger exposures, the damage has been confirmed as minimal or is expected to be covered by insurance," Chun said.
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| DealMaker of the Day |
MBA (10/21/2005) Murray, Michael
CW Capital, Needham, Mass., provided debt financing on a 420-unit apartment community known as the Four Horizon Apartments in Aurora, Colo., near Denver. The property sold for $24.3 million, or $57,857 per unit, to The Bascom Group LLC, Irvine, Calif. The seller of the property was FSM Four Horizon LLC in Colorado.
Four Horizon Apartments was completed in two phases: Phase One in 1980 and Phase Two in 1982. Omni Apartments Communities will be providing property management services. Asking rents at the Aurora property, 15 minutes from Denver International Airport, average $615 per unit.
Denver, the largest city in Colorado, is 26th largest in the U.S. The Colorado Department of Demography (DoD) projects the Denver metro population to grow by 258,643, or 10.1 percent between 2004 and 2010.
The apartment community consists of 35 three-story buildings with one- and two-bedroom apartments and an average unit size of 850 square feet. The apartments consist of individually controlled central heating and air conditioning, washer/dryer hookups, wood-burning fireplaces, patios/balconies and vaulted ceilings in select units.
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| MBA Extends Free Training to Hispanic-American Military |
MBA (10/21/2005) Schofield, Teresa
Families of Hispanic American servicemen and women and veterans are now eligible to participate in Welcome Home, a program intended to increase the number of bi-lingual speakers in the home finance industry. The Welcome Home program is provided by CampusMBA, the educational arm of the Mortgage Bankers Association, and Freddie Mac.
Welcome Home provides a tuition free, Internet-based training program designed by the MBA to prepare past and present Spanish-speaking members of the armed forces and their immediate family members for careers in all phases of the residential and commercial lending industry.
The effort seeks to provide an estimated 1,000 new graduates a year for potential careers in mortgage sales, origination, underwriting, servicing, collections, and commercial and multifamily lending.
"This program is an outstanding opportunity for military personnel who are fluent in Spanish and English to receive training to begin a new career in the mortgage industry, and helps our industry provide even better service to the Hispanic community," said Jonathan Kempner, president and CEO of MBA. "We are excited to extend this opportunity to immediate family members of military personnel."
"Welcome Home recognizes that some of the barriers to homeownership are langauge and lack of accurate information about the home buying process," said Craig Nickerson, vice president of expanding markets for Freddie Mac. "This program goes a long way towards addressing those barriers while at the same time helping service men, women and their families pursue careers in the real estate industry."
In addition to MBA, Welcome Home partners include the United States Department of Defense Reserve Forces Policy Board, National Association of Hispanic Real Estate Professionals, National Puerto Rican Coalition, and the Hispanic War Veterans of America. Program sponsors include Freddie Mac, Univision, and Puerto Rico Telephone, Branch Banking & Trust (BB&T), CitiMortgage, GMAC Mortgage and U.S. Bank Home Mortgage.
Welcome Home is open to all bilingual (English/Spanish) active duty personnel, Reserve and National Guard personnel, veterans who have received an honorable discharge and their immediate family members.
After completing the required coursework and receiving an achievement certificate, students will be asked to complete an on-line form to identify the type of job they are seeking, as well as geographical preferences.
BB&T, CitiMortgage, GMAC Mortgage, and U.S. Bank Home Mortgage and other interested lenders will receive the students' Personal Information Forms and make contact to arrange a pre-application interview with the graduates.
For more information about Welcome Home, visit www.welcomehomegi.org.
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| CampusMBA Offers SPeRS Workshop Nov. 3-4 |
MBA (10/21/2005) 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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| Apartment Conditions Hit Highs as Debt Financing Drops |
MBA (10/21/2005) Murray, Michael
Senior executives report higher occupancy rates, rising rents, increased sales volume and available equity for the ninth quarter in a row, according to October 2005's Quarterly Survey of Apartment Market Conditions from the National Multi-Housing Council. However, the survey's Debt Financing Index dropped below 50 for the first time in more than a year.
The Equity Financing Index surpassed 50 for the 13th time in the past 14 quarters as it hit 54 for the ninth straight quarter. A score above 50 means more respondents saw improving conditions than saw worsening conditions over the past three months. Most respondents, 61 percent, said conditions were unchanged in equity financing while 19 percent said conditions improved and 11 percent said they were worse.
The Debt Financing Index, however, dropped to 38, the first under-50 reading since July 2004. "This clearly reflects the rise in interest rates over the past few months," said Mark Obrinsky, chief economist at NMHC. "It may also reflect some tightening of lending standards."
Jamie Woodwell, senior director in research for the commercial/multifamily group at the Mortgage Bankers Association, said the numbers can be deceiving as 30 percent of respondents noted that now is a worse time to borrow compared with 54 percent who say conditions are unchanged. "The majority say conditions continue to be unchanged, which I read as great for borrowing." Woodwell said. The remaining respondents, 11 percent, either did not know or the question was not applicable to them while five percent said it was a better time to borrow.
More than half of the respondents indicated that there has been little impact on the apartment market by people displaced from Hurricane Katrina damage. The survey also asked about the impact of those displaced by hurricane Katrina on apartment markets. Nearly one-third (33 percent) noted that apartment occupancy is up somewhat while 11 percent indicated that occupancy is up substantially in their markets.
“Clearly some apartment markets, such as Houston and Dallas, have experienced significant occupancy increases in the past month because of the hurricane evacuees, but that demand in-crease has not had a significant impact on the overall apartment sector,” Obrinsky said.
Respondents also noted higher sales volume than three months earlier outnumbering lower sales volume by nearly 4 to 1 (42 percent to 11 percent). The Sales Volume Index was unchanged at a record 66, and represented the tenth consecutive quarter of increasing sales volume.
The survey’s Market Tightness Index rose to another high of 87 in October from 80 in July, as 75 percent of respondents reported an improvement in demand for apartments, measured by lower vacancy rates, higher rents or both. Two percent reported looser conditions.
“Even with record-level single-family home sales, demand for apartment residences by individuals and families continues to strengthen virtually across the board,” Obrinsky noted. “If the homeownership market should start to cool, demand for apartments could rise even further.”
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