
Volume 6 | Issue 209 | Friday, October 26, 2007
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“We should remember that subprime lending has enabled millions of Americans to achieve the American dream. Eighty-five percent of subprime borrowers are making their payments on time, and I see evidence that the lending community is self-correcting. For the homeowners whose rates are scheduled to reset, I think the lending community is already helping make that adjustment.”
--Rep. Spencer Bachus, R-Ala.
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Top National News
Residential Finance News
New Home Sales Unexpectedly Rise
Residential Briefs
Commercial/Multifamily Finance News
Credit Crunch to End; Slowdown Begins, Grubb & Ellis Says
Commercial Briefs
DealMaker of the Day
MBA News
Robbins to Address S.F. Commonwealth Club Oct. 29
MBA Legal Issues in Mortgage Technology Conference Nov. 28-30
Spotlight: Washington
Bankruptcy Bill Pulled from Markup Agenda
Frank Holds Workshop Today on Assisting Homeowners
New-Home Sales Rise, But Not Hopes for Next Year
Washington Post (10/26/07) P. D3; Merle, Renae
Sales of new homes registered a gain in September thanks to 38-percent growth in the West, where California builders offered deep price discounts in an effort to chip away at a glut of properties. According to the Commerce Department's report, new-home sales were up 4.8 percent from August--although still off 23 percent from September 2006--and housing starts also increased on a month-to-month basis. However, news of the upticks failed to cheer industry insiders, who noted that the past few months were actually worse than initially reported and warned that the latest statistics could eventually be revised downward as well. "There is no way this signals an end to the housing downswing," declared National Association of Home Builders chief economist David Seiders. "I think there is still downward momentum in the sale activity that would continue into the early part of next year."
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Worries Over Slower Economy Helped Mortgage Rates to Fall
Realty Times (10/26/07)
During the week ended Oct. 25, the 30-year fixed mortgage rate fell to 6.33 percent from 6.40 percent the prior week, according to Freddie Mac. Interest on 15-year fixed loans dropped to 5.99 percent from 6.08 percent over the same period. Meanwhile, interest on one-year adjustable-rate mortgages slipped to 5.66 percent from 5.76 percent; and the five-year hybrid ARM registered a decline to 6.03 percent from 6.11 percent. Freddie Mac chief economist Frank Nothaft attributed the lower rates to concerns about an economic slowdown and uncertainty about the impact of the housing downturn on the economy.
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Report: 2 Million Homes to Foreclose
Chicago Tribune (10/26/07)
A new report from federal lawmakers, led by Joint Economic Committee Chairman Sen. Charles Schumer, D-N.Y., predicts that ongoing home-price declines will drive 2 million subprime mortgages into foreclosure by 2009. As a result, housing wealth will drop by $71 billion and property tax revenue will plummet $917 million. According to Schumer, "State by state, the economic costs from the subprime debacle are shockingly high. From New York to California, we are headed for billions in lost wealth, property values and tax revenues." Among the legislators joining Schumer in calling for the White House to relax Fannie Mae and Freddie Mac's mortgage portfolios, urge loan servicers to modify struggling loans and enhance foreclosure-prevention counseling were Sens. Amy Klobuchar, D-Minn., and Sherrod Brown, D-Ohio. [EDITOR'S NOTE: The Mortgage Bankers Association and other industry trade groups have challenged many economic data on the potential impact of foreclosures.]
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Bank to End Loans to Mortgage Brokers
Boston Globe (10/26/07)
Bank of America Corp. on Oct. 24 announced 3,000 layoffs, 700 of which are tied to the Charlotte, N.C.-based bank's decision to cease originating loans through mortgage brokers by the close of this year. In addition to pulling out of the wholesale mortgage arena, the nation's second-largest bank said it will eliminate jobs in its struggling global corporate and investment bank. In the third quarter, the company watched its income drop 32 percent, with earnings from its global corporate and investment bank down 93 percent.
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Utah Announces Mortgage Fraud Task Force
Daily Herald (10/26/07); Duda, Jeremy
A high incidence of mortgage fraud, coupled with some high-profile court cases, has trained the spotlight on Utah's loan industry. The state is ranked by both the Mortgage Asset Research Institute and the Federal Bureau of Investigation as one of the country's worst markets for this white-collar crime. In response, the Utah Mortgage Task Force has been created. The team consists of nine clusters of local, state and federal representatives that work to combat specific mortgage fraud networks across Utah.
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Citing Fraud, State Closes Loan Broker
Boston Globe (10/26/07); Blanton, Kimberly
In Massachusetts, state banking regulators have closed New England Merchants Corp., accusing the firm of inflating borrowers' incomes on loan applications. In issuing the order to halt business, the Massachusetts Division of Banks further alleged that one in three of the independent brokers employed as the mortgage company's outside contractors--53 individuals in all--were not licensed to do business in the state. Last year, New England Merchants brokered more than 1,800 mortgages, generating both traditional and subprime loan business for major lenders. In the state's order to cease operations, Massachusetts regulators pinpointed at least four mortgages in which the incomes of the clients were misrepresented when they applied for financing.
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Vendors See Mortgage Market's Woes Lingering
American Banker (10/26/07) P. 13; Bills, Steve
Though Fidelity National Information Services Inc. will not meet its earnings forecast for 2007 due to weakness in the mortgage market, it is capitalizing on the situation by spinning off its Lender Processing Services. Fidelity President and CEO Lee Kennedy says Lender Processing will generate business from the large direct lenders using its Mortgage Servicing Platform, which have taken market share away from independent mortgage brokers in recent months. Additionally, the company expects its default-management unit to experience a boost in business, as lenders move away from managing such services internally. Another leading bank technology vendor, Fiserv Inc., also will see weaker earnings this year, reporting that a drop in originations is affecting its outsourced mortgage-closing services.
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Caught in the Mortgage Spiral, FBR Triples Its 3rd-Quarter Loss
Washington Post (10/26/07) P. D4; Goldfarb, Zachary A.
Friedman Billings Ramsey Group (FBR) reports that its third-quarter losses tripled from the same period a year earlier, increasing to $214.7 million from $67.4 million. The erosion is due mainly to the nation's ongoing credit crisis and continued turmoil in the mortgage market. FBR Chief Executive Eric Billings notes that the Virginia-based investment bank did manage to reduce its subprime risk exposure during the July-through-September period, taking $44.2 million in losses related to the sale of First NLC of Florida and $67 million in losses on its portfolio of mortgage-backed securities. Billings adds that with interest rates improving in recent weeks, FBR is now in good position "to begin deploying our capital" back into mortgage-backed securities.
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| New Home Sales Unexpectedly Rise |
MBA (10/26/2007 ) Velz, Orawin
New homes sales increased 4.8 percent in September to a seasonally-adjusted annualized pace of 770,000, following a 7.9 percent drop in August. Despite the increase, the new home sales trend prior to September was much weaker as previous’ months sales (June through August) were revised downward by 167,000. Year-to-date sales were 23.4 percent lower than sales in the first nine months of 2006.
Regional performance varied significantly for September new home sales, with sales increasing sharply in the West (37.6 percent) and relatively flat in the South. Sales dropped considerably in the Midwest (19.5 percent) and fell more modestly in the Northeast (6.6 percent).
The number of homes available for sale dropped by 1.5 percent to 523,000, the sixth consecutive monthly decline. With an increase in sales and a drop in inventory, the months’ supply (or the inventory-sales ratio) fell to 8.3 months from 9.0 months in August. The median price for new homes continued to be volatile, rising 4.9 percent in September from a year ago, following a year-over-year decline of 4.8 percent in August. The median home price does not necessarily give a true picture of home price trend because it can be distorted by the mix of sales.
The Census Bureau does not revise data to account for cancellations of sales contracts, which makes it difficult to gauge true market conditions for the new home market. If cancellations are rising, sales would be temporarily overstated. These cancelled units counted as sold will never reenter the survey even if they were sold later on when market conditions improve.
Another report showed that new orders for manufactured durable goods fell 1.7 percent in September, following a 5.3 percent drop in August. A huge decline in defense aircraft orders and motor vehicle orders pulled down the overall orders. Excluding transportation, new orders were up a modest 0.3 percent. Nondefense capital goods orders excluding aircraft—a proxy for future business investment—rose 0.4 percent following a 0.1 percent decline in August.
The yield on 10-year Treasuries changed little. The yield on the 10-year Treasury hovered around 4.33 percent by mid-Thursday afternoon.
(Orawin Velz is senior director of economics and research with the Mortgage Bankers Association. She can be reached at ovelz@mortgagebankers.org.)
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| Residential Briefs |
MBA (10/26/2007 ) Palaparty, Vijay
Countrywide Offers Program for At-Risk Borrowers
Countrywide Financial Corp., Calabasas, Calif., announced a program this week that would allow its customers-at-risk for foreclosure to refinance or modify their existing home loans. The program involves $16 billion and could reach as many as 82,000 borrowers.
In addition to helping families at-risk for default, the program is designed to assist those facing future interest-rate increases and those who have been making payments on time yet had subprime credit when their loans were originated. Countrywide announced plans to offer lower-interest prime loans or an FHA-, Fannie Mae- or Freddie Mac-insured mortgage.
Federal Reserve Board Releases Tips for Consumers
The Federal Reserve Board released a publication that gives five tips for consumers to manage their checking accounts while safeguarding their funds from unauthorized transfers by criminals. The publication, available on the Board's web site and in print, offers consumers advice on how to protect and manage their accounts. Suggestions include protecting account information, reviewing monthly statements and communicating any problems with the bank.
First National Bank of Nassau County Forms Wholesale Mortgage Operation
First National Bank of Nassau County, Fernandina Beach, Fla., a subsidiary of Coastal Banking Co., Beaufort, S.C., formed a new wholesale mortgage division. The company plans to build the wholesale mortgage unit in the metro Atlanta and Charlotte markets, eventually pursuing North Florida and other areas in Coastal Bank’s tri-state area.
Gadberry Group, Ethnic Technologies Form Alliance
Gadberry Group LLC, Little Rock, Ark., a provider of household population data, and Ethnic Technologies LLC, South Hackensack, N.J., a provider of multicultural marketing, formed a partnership to provide demographics for site location and customer targeting. The product, MicroBuild, combines the Ethnic Technologies’ E-Tech 7.0 system and Gadberry’s MicroBuild population product.
eLynx, Harland Financial Integrate Document Technology, Services
Cincinnati-based eLynx, a provider of electronic document communications network for the financial services industry, announced an agreement to interface its mortgage document technology products and services with those of Harland Financial Solutions, Lake Mary, Fla. Through the agreement, users of Harland Financial Solutions' GreatDocs print technology and compliant mortgage documents have access to expedite, eLynx's suite of electronic mortgage services.
The agreement between is based on leveraging existing GreatDocs technology and loan origination system integrations to generate eLynx-compatible transactions. GreatDocs users have access to all eLynx's suite of services for eSignatures, eDelivery and electronic workflow and collaboration.
Titan Lenders Corp Adds Docu Prep as Preferred Vendor
Titan Lenders Corp., Denver, a mortgage back office fulfillment services provider specializing in closing, funding, and post closing services, added Docu Prep, Salt Lake City, as a preferred document preparation and compliance provider.
Docu Prep offers mortgage document services to mortgage lenders and servicers, mortgage brokers, credit unions, vendors and small- to mid-sized banks.
Credit Plus Announces ScoreWizard
Credit Plus, Salisbury, Md., a provider of credit information, announced the availability of its scoring tool, ScoreWizard, which can be used with any loan origination system as well as its web-based Mortgage DatatNet. Potential errors automatically appear on the credit report when the Error Detection mode is activated.
ScoreWizard reviews positive and negative factors influencing a potential borrower’s credit score, including suggestions on how to improve it. It also allows users to generate a separate analysis for one, two or three bureaus, generate an analysis for co-borrower and simulate future changes. After the borrower takes proper actions, Credit Plus’ Score Plus department helps obtain an updated report. Within 72 hours, it will update the borrower’s credit bureau files to reflect the new score.
Edgewater Lending Group Adopts PriceMyLoan
Portland, Ore.-based Edgewater Lending Group Inc., adopted automated underwriting and loan pricing technology from PriceMyLoan, Costa Mesa, Calif. PML is a provider of automated underwriting and loan pricing technology to the mortgage industry. Edgewater Lending Group is a mortgage banking and brokerage company with both retail and wholesale origination channels.
Fidelity National Real Estate Markets IMAPP’s iCheck
Fidelity National Real Estate Solutions, Jacksonville, Fla., a division of Fidelity National Financial Inc. announced an agreement with IMAPP Inc., Tampa, Fla., to market its iCheck to Fidelity National MLS Systems & Solutions customers.
The iCheck system provides MLS data verification. The application, which can be integrated into MLS platforms, aims to improve compliance staff efficiency. Servicing 32 realtor associations and operating with eight MLS vendors, iCheck scans more than 1.5 million listings each day.
Lenders Credit Consulting Group Aims to Help Industry
The newly formed Lenders Credit Consulting Group, based in Irvine, Calif., provides consultancy services for loss mitigation and recovery, repurchase reviews and responses, EPD review and investigation, risk management, due diligence audits and responses, fraud investigation, short sale qualification and negotiation as well as testimony.
The group will contract with mortgage bankers, warehouse lenders, Wall Street investment firms, mortgage insurance companies, legal and compliance firms, due diligence companies and real estate attorneys to seek cost-effective alternatives to solve lending-related issues.
ProVest Partners with LoyalDog Software
ProVest, Tampa, Fla., a national process server management company in the default servicing industry, partnered with Seattle-based LoyalDog Software to develop an interface that aims to reduce reporting time for process servers.
LoyalDog provides products and services to manage day-to-day reporting including billing, accounting and case management. By integrating with ProVest, updates entered into LoyalDog's system automatically transfer to ProVest's proprietary management system, TRACKER.
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| Credit Crunch to End; Slowdown Begins, Grubb & Ellis Says |
MBA (10/26/2007 ) Murray, Michael
Next year will start off with an end to the liquidity crisis, but commercial real estate investment will take a step back in 2008 compared to this year, according to Robert Bach, senior vice president of research and client services at Grubb & Ellis, Chicago.
“I think that investors will get back to the game early next year because everybody will have a new set of acquisition and disposition goals,” Bach said. “Next year, the calendar will flip and everybody will have to start running again. I figure it will take [investors] one quarter to work things out.”
Many companies already met their acquisition and disposition goals for the year, causing investors to step on the sidelines more easily when the liquidity crisis took place. However, despite a possible end to the credit crunch in the first quarter, capitalization rates will likely remain higher for the foreseeable future.
“For this stage of the cycle, they’ll be higher and deal volume will be lower—maybe one-third lower in 2008 from 2007,” Bach said. “For the last few years, deal volume has just gone up and up and up. Trees can’t grow to the sky.”
Apartments were the only “net beneficiary” of the credit crunch among the four major property types, according to Bach, because more households have been forced to rent or choose to rent. Downtown Miami, with condominium overdevelopment would be one exception.
“The pool of renters is going up,” Bach said. “The apartment market, in most areas, will be a net beneficiary. On the other side, retail is probably most at-risk because of the housing crisis.”
Core retail sales growth has been steadily lower in the past couple of months, and Bach noted that next year would bring a “deceleration of growth” to the retail market rather than a year-over-year decline.
“I don’t think as a group, overall, core sales will be lower next year than they were in 2007. But if core sales may be growing 2 percent instead of 4 percent, that is going to have an impact on leasing activity and rental rates,” Bach said.
Bach’s concern is that investors willing to use less leverage to purchase commercial real estate properties might not get into the game despite opportunities available from private capital investors and higher-leverage investors pulling back. “We’ll see if that actually happens,” Bach said.
Grubb & Ellis reported industrial vacancy rates ending the third quarter at 7.6 percent, fluctuating by less than 10 basis points for five consecutive quarters, and net absorption hit 45 million square feet compared with 30 million square feet completed during the third quarter. Meanwhile, asking rental rates for warehouse/distribution space increased 3.4 percent in the past four quarters. The only market with less demand was Palm Beach County, Fla.
“Overall, this was an encouraging performance in light of the credit squeeze and the shaky outlook for retailers, who are big users of warehouse/distribution space,” Bach said. “It seems like the industrial market—aside from apartments—would be the least susceptible to the downturn.”
The office market appears weaker, particularly in Orange County, Calif., Las Vegas and Phoenix, based on single family real estate-related office tenants. Bach distinguished Orange County, Calif. and the Inland Empire office markets from Los Angeles County's stronger market.
“Both of those markets are having problems—especially Orange County,” Bach said.
The office markets slowed in Las Vegas from more construction as vacancies increased from 9 percent in the fourth quarter of 2005 to 12.8 percent in the third quarter this year. Phoenix also had demand combined with more construction, he added. South Florida has also seen negative office absorption as well in its three major markets—Miami Dade, Broward and Palm Beach Counties.
In New York City, however, vacancy rates declined in the third quarter to below 5 percent. “New York is in a class by itself in terms of the level of demand, the increase in rental rates and the vacancy rate has just continued to decline,” Bach said.
The New York office of Grubb & Ellis anticipates rental rates to level out and flatten without a decline with the forecast of fewer layoffs in Manhattan compared to other parts of the country. However, flattening rental rates would bring the national average on rental rates—up 13.2 percent in the past four quarters—down for class A office properties next year. Grubb & Ellis will closely monitor Manhattan, Boston and San Francisco will layoffs in the financial industry.
Meanwhile, Bach favors Seattle, Portland, the Bay area, Denver, Salt Lake City, Texas, the Carolinas, Washington, D.C. and Los Angeles County as strong geographic locations for properties.
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| Commercial Briefs |
MBA (10/26/2007 ) Murray, Michael
The California Commercial Loan Delinquency Ratio remained below one half of one percent for the 36th consecutive quarter, according to the third quarter Commercial Loan Delinquency Survey conducted by the California Mortgage Bankers Association.
The delinquency ratio stood at .04 percent for the quarter. Five of the loans surveyed—$36.2 million of a combined total loan servicing portfolio of $89.4 billion—were more than 30 days delinquent. By number, the five delinquent loans represent .05 percent of the 10,684 commercial real estate loans included in the survey.
The five delinquent loans included a land loan, two healthcare properties, one mini-storage loan and one office property. Despite a slight increase from July’s .03 percent, the .04 percent figure represents a .06 percent decrease from one year ago at .10 percent.
Meanwhile, 16 of the 17 commercial mortgage banking firms that participate in the survey reported no loans more than 30 days delinquent.
The 17 income property mortgage bankers participating in the CMBA survey originate and service loans on apartments, retail, industrial and other commercial properties for institutional investors such as life insurance companies and pension funds. For survey purposes, a loan is considered delinquent if it is two or more payments past due. Loans in the process of foreclosure are included, regardless of the number of payments past due.
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| DealMaker of the Day |
MBA (10/26/2007 ) Murray, Michael
CB Richard Ellis’s Capital Markets group in New York secured $92.6 million in loans on behalf of Cabot Investment Properties to facilitate the acquisition and redevelopment of three regional malls in Indiana and Ohio.
Keith Braddish, managing director, and Jason Gaccione, vice president—both with CBRE Capital Markets—secured the non-recourse first mortgage 10-year loans. The loans were structured on 30-year amortization schedules and three years of interest-only payments. RBC Capital, Toronto, provided 80 percent of Cabot’s total cost, including acquisition and redevelopment costs, according to Gaccione.
Ashtabula Mall, an 816,605 square foot single-story enclosed regional mall in Ashtabula, Ohio, includes 95 acres; North Park Mall in Marion, Ind. is a 461,111 square foot single-story enclosed regional mall and Southland Mall, also a single-story enclosed regional mall, consists of 426,785 square feet in Marion, Ohio. According to CBRE, the destination centers capture a significant customer base with limited competition within a 30 mile radius of each asset.
Anchors currently include JC Penny, Sears, K-Mart and Dillard’s. Revitalization plans for these malls include re-tenanting, parking lot upgrades, HVAC and roofing renovations and significant signage improvements.
“With this redevelopment, Cabot will be able to take advantage of the stable population base in this region, while re-focusing leasing efforts to cater to the younger generation and families, which in turn will drive foot traffic and re-leasing momentum,” Gaccione said.
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| Robbins to Address S.F. Commonwealth Club Oct. 29 |
MBA (10/26/2007 ) McTamney, Missy
The California Mortgage Bankers Association and Mortgage Bankers Association President and CEO Jonathan Kempner invite you to the San Francisco Commonwealth Club on Monday, October 29 at noon, PT, when MBA Past Chairman John Robbins, CMB, will give an address to Club members and guests.
Robbins will discuss key issues facing the real estate finance industry and what looms on the horizon. He will speak about the "lessons learned" from the current credit market, lending and housing situation and will address ways to avoid these circumstances going forward.
This special no-cost, invitation-only event is complimentary of CMBA and MBA. Seating is limited; to RSVP, please send your contact information to commonwealthclubspeech@mortgagebankers.org. For more information, please contact Missy McTamney at 202/557-2850.
The Commonwealth Club of California is at 595 Market Street, 2nd Floor, San Francisco, CA 94105.
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| MBA Legal Issues in Mortgage Technology Conference Nov. 28-30 |
MBA (10/26/2007 ) MBA Staff
Attend the Mortgage Bankers Associations Legal Issues in Mortgage Technology Conference, a unique forum to gain information and share ideas about the latest developments at the intersection of law and technology. The conference takes place November 28-30 at the Hotel del Coronado in Coronado, Calif.
This is the only conference of its kind offering the mortgage industry's legal and technology professionals the opportunity to confer, interact and dig deeply into the myriad of hot topics in this sphere.
This year the conference includes, at no extra charge, pre-conference workshops for those new to the industry or those who need to refresh their skills. These sessions are designed to address the range of laws affecting mortgage technology, including ESIGN, UETA and a host of compliance laws, as well as key technology concepts and systems, such as XML, MISMO and MERS.
Program topics include the latest developments in the legal and technology sphere, including:
• eMortgage adoption
• Loss mitigation and new regulatory guidance
• Warehouse lending in the virtual world
• Intellectual property
• eDiscovery and records retention issues
• Outsourcing
• Standardization
• Data security
• Fair lending and anti-fraud protection
• Identity theft and breach notification
• Compliance and new technology tools
• Secondary market developments
This is a unique opportunity to ensure that you and your company are at the vanguard of legal and technology advancement.
Who Should Attend
• General counsel
• Regulatory compliance professionals
• Senior executives
• Business managers
• Information technology professionals
• Private attorneys
• Other personnel involved in legal and regulatory issues
Network with Attendees
Conference sponsorship is the ideal vehicle to grab the attention of this important audience and position your company as a leader in the industry. All sponsorships include a tabletop exhibit opportunity, but space is limited. For more information download the sponsorship brochure, or contact Phil Giorgianni at phil@mortgagebankers.org or call (202) 557-2733.
Registration:
MBA Members Early Registration Fee before November 14: $995; Nonmembers: $1,495. After November 14: MBA members $1,175; nonmembers $1,595.
To register online, visit http://store.mortgagebankers.org/ProductDetail.aspx?product_code=M2802033/REGIS
Earn CLE Credits
The Legal Issues in Mortgage Technology Conference is intended to satisfy CLE course requirements upon approval by applicable state bar licensing entities.
Hotel
Program registrants are responsible for making their hotel reservations. Be sure to make your reservations before the hotel cutoff date of November 7. The cutoff date does not ensure availability of rooms. If rooms are available until November 7, you will receive the discounted hotel rate provided below. After November 7, reservations will be made on a space-available basis only, and you will be charged the regular hotel rate.
Hotel del Coronado
1500 Orange Ave.
Coronado, Calif. 92118
(619) 522-8238/ (800)
MBA discount rate: Rooms: $210/night, single/double, +$17 resort charge (based on availability)
As a National Historic Landmark, the Hotel del Coronado has a rich and colorful heritage that sets it apart from neighboring Coronado hotels. From Marilyn Monroe to Charles Lindbergh, from state dinners to the ghost of Kate Morgan, the Del is an American treasure with more than 115 years of fascinating stories to tell. Visit the Hotel del Coronado Web site for more highlights. http://www.hoteldel.com/.
To view the conference brochure, go to http://www.mortgagebankers.org/files/conferences/pdf/M2802033_brochure.pdf.
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| Bankruptcy Bill Pulled from Markup Agenda |
MBA (10/26/2007 ) Sorohan, Mike
The House Judiciary Committee pulled a bill from a scheduled mark-up this week that would permit bankruptcy judges to modify the terms of a primary mortgage—a provision that the Mortgage Bankers Association and other trade industry groups say would make it nearly impossible to securitize mortgages and raise the cost for borrowers to obtain credit.
Under pressure from House “Blue Dog” Democrats—a group of 47 Democratic members of the House who tend to lean toward fiscal conservatism—and nearly a dozen Republican members, the Committee pulled from consideration H.R. 3609, the Emergency Home Ownership and Mortgage Equity Protection Act of 2007.
MBA has expressed concerned that if judges are allowed to modify or render loans unsecured during a bankruptcy, it would become far more difficult to sell mortgages and would reduce liquidity. Ultimately, MBA said, consumers would have more trouble obtaining or refinancing a mortgage and would see an increase in costs to reflect this additional risk.
In a letter to the House Financial Services Committee, eight Republican House members noted that "Mortgage originators will no longer be sure that the money they lend is truly secure. This uncertainty will require higher interest rates and larger down payments to offset the risk and will push many lenders out of making certain mortgages." MBA also sent a letter to members of the Judiciary Committee outlining its concerns with the bill. Additonally, MBA has prepared a document outlining its strong opposition to the legislation.
The American Bankruptcy Institute this week said bankruptcy filings have increased by nearly 23 percent through the year-over-year period ending in September and by nearly 45 percent during the first nine months of this year over the same period a year ago.
The H.R. 3609 markup has not been immediately rescheduled.
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| Frank Holds Workshop Today on Assisting Homeowners |
MBA (10/26/2007 ) MBA Staff
House Financial Services Committee Chairman Barney Frank, D-Mass., holds a workshop this morning at the Federal Reserve Bank of Boston. Mortgage Bankers Association Chairman-Elect David Kittle, CMB, will represent MBA at the workshop.
The workshop, which begins at 9:30 a.m. ET, will include elected state and local officials, banking regulators, mortgage lenders, banks, credit unions, housing advocates, community groups and others to facilitate discussions on how to best to help homeowners with troubled mortgages.
Frank this week introduced H.R. 3915, the Mortgage Reform and Anti-Predatory Lending Act of 2007. The bill would alter mortgage lending practices. MBA, while supportive of some of the bill’s proposed reforms, said key provisions of H.R. 3915 would have unintended consequences that would lock out prospective homeowners and affect securitization markets.
The workshop takes place at the Boston Fed building, 600 Atlantic Avenue. Additional information can be found at www.financialservices.house.gov/.
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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
Senior Staff Writer: Vijay Palaparty 202/557-2904 VPalaparty@mortgagebankers.org
Advertising Opportunities: Bill Farmakis 203/834-8832
bill@jlfarmakis.com
Jonathan L. Kempner, President and CEO, Mortgage Bankers Association
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