Volume 7 | Issue 125 | Friday, June 27, 2008
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"I do believe that people, unfortunately, are making the very poor decision to simply walk from a home thinking that perhaps—maybe too soon—they would simply be able to buy a new home when that is absolutely not correct."
William DiPaolo, managing partner at Cogent Road.
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Top National News
Existing Home Sales Edged Up in May (Washington Post)
Mortgages Rise Slightly (Wall Street Journal)
State Bills Would Shut Out Too Many Mortgages, and Jobs (Detroit Free Press)
Fed May Give Private Equity More Leeway to Help Banks (Wall Street Journal)
Miss., La. to Use Mortgage Licensing System (WDAM-TV (MS))
IndyMac Shares Drop-Off Causes Alarm (Wall Street Journal)
Title Firm Adds Default Services Unit (American Banker)
BofA to Cut 7,500 Jobs After Countrywide Deal (Associated Press)

Residential Finance News
Existing Home Sales Pick Up, Helped by Bargain Prices
Four Elected to MBA’s State and Local Advisory Council
MBA Applauds House Recognition of Homeownership Month
Residential Briefs

Commercial/Multifamily Finance News
Higher Education Institutions Form Public-Private Partnerships
DealMaker of the Day

MBA News
Jay Leno, 'Fab Four' Highlight Annual Convention Club MBA
MBA NewsLink Reprints

Spotlight: Residential
Foreclosures Damage Credit Scores Up to 300 Points

Top News
Existing Home Sales Edged Up in May
Washington Post (06/27/08) P. D8; Crutsinger, Martin
The National Association of Realtors reports that sales of previously owned homes rose 2 percent in May to a seasonally adjusted annual rate of 4.99 million units, but the increase still leaves sales down 15.9 percent from the pace in May 2007. The median price slid to $208,600, down 6.3 percent from a year ago. Moreover, the nation's supply of unsold homes fell 1.4 percent to 4.49 million units; it would now take 10.8 months to sell the inventory at the May pace, compared with 11.2 months in April. "Stabilization in home prices can only occur with buyers returning to the market, so we are encouraged by rising home sales, particularly in distressed markets," says NAR chief economist Lawrence Yun.
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Mortgages Rise Slightly
Wall Street Journal (06/27/08) P. C7
Freddie Mac reports modest gains in fixed mortgage rates during the week ended June 26, with the 30-year rate rising to 6.45 percent from 6.42 percent a week ago and the 15-year rate climbing to 6.04 percent from 6.02 percent. Uncertainty before the Federal Reserve's recent policy committee meeting sparked bigger increases in adjustable-rate mortgages, says Freddie Mac chief economist Frank Nothaft. The five-year ARM moved up to 5.99 percent from 5.89 percent, and the one-year ARM jumped to 5.27 percent from 5.19 percent.
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State Bills Would Shut Out Too Many Mortgages, and Jobs
Detroit Free Press (06/27/08); Kempner, Jonathan L.
Mortgage Bankers Association President and CEO Jonathan Kempner notes that while the 11 housing-related bills under consideration by the Michigan Senate have the good intention of easing the housing crisis, they likely will only exacerbate the real estate slump and ultimately boost the state's already high unemployment rate. Kempner points out that mortgage lenders will have difficulty competing for business if the bills are enacted, as they exempt certain banks, credit unions and other depository institutions. He adds that the bills would eliminate subprime lending statewide, even though nonprime loans continue to help numerous residents become homeowners. According to Kempner, "While these bills are well intentioned in their attempt to find a solution to the state's housing woes, they have far-reaching negative consequences in the form of reduced credit availability, increased loan costs to consumers, and even the likely exodus of companies that would no longer be willing to do business under the onerous lending restrictions."
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Fed May Give Private Equity More Leeway to Help Banks
Wall Street Journal (06/27/08) P. C1; Enrich, David; Sidel, Robin; Paletta, Damian
The Federal Reserve may soon make it much less difficult for private equity firms and others to invest in cash-strapped lenders anxious to secure capital. The move to open up the private equity pool comes as regulators grow more and more concerned about the ability of some banks to replenish capital amid the most severe banking crisis in years. Small and regional lenders likely will have the toughest time securing new investors, especially since some recent capital infusions have saddled banks' new shareholders with hefty losses. Under federal law, to own more than 24.9 percent of a bank, an entity must register as a bank holding company and be subjected to heavy regulation—a law the Fed cannot change, although it does have a certain amount of leeway in how it interprets the legal ins and outs.
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Miss., La. to Use Mortgage Licensing System
WDAM-TV (MS) (06/27/2008)
The Nationwide Mortgage Licensing System will be rolled out in Mississippi, Louisiana and four other states on July 1. The Web-based system enables state-licensed mortgage lenders, mortgage brokers and loan officers to apply for, update or renew a license online. Eight states already use the Nationwide Mortgage Licensing System, but regulators say the number could grow to 19 by the end of the year.
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IndyMac Shares Drop-Off Causes Alarm
Wall Street Journal (06/27/08) P. C3; Hagerty, James R.
Sen. Charles Schumer, D-N.Y., has dispatched letters to the Federal Deposit Insurance Corp., the Office of Thrift Supervision and the Federal Housing Finance Board requesting that IndyMac Bancorp Inc.'s finances be watched closely, given that concerns about home price declines and increasing default rates pushed the lender's stock price to 80 cents on June 25. A year earlier, the shares were trading at about $31 each. Schumer is especially concerned about brokered deposits that are vulnerable to sudden withdrawals, as they make up 37 percent of the lender's deposits. IndyMac Chairman and CEO Michael Perry says the company is "working hard on trying to raise capital."
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Title Firm Adds Default Services Unit
American Banker (06/27/08) P. 9; Hochstein, Marc
Houston-based Stewart Information Services Corp. has rolled out Stewart Default Services to provide loss mitigation and to insure vacant properties, among other foreclosure services. The services will be provided directly by the company in Arizona, California and Nevada; but it will offer them elsewhere in the country through an attorney network.
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BofA to Cut 7,500 Jobs After Countrywide Deal
Associated Press (06/27/08); Augstums, Ieva M.
Bank of America will pink-slip approximately 7,500 employees as a result of its acquisition of Countrywide Financial Corp., slated to be finalized on July 1. The job cuts will take place over the next couple of years and total roughly 12.5 percent of the combined entity's mortgage, home equity and insurance businesses. The all-stock deal is worth an estimated $2.8 billion, down from an earlier valuation of $4 billion, as Bank of America's stock price has continued to decline amid a worsening housing slump and lingering credit crunch. The acquisition will give Bank of America control of between 20 percent and 25 percent of the country's mortgage market.
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Residential
Existing Home Sales Pick Up, Helped by Bargain Prices
MBA (6/27/2008 ) Velz, Orawin
Total existing home sales increased 2.0 percent in May to a seasonally-adjusted annualized rate of 4.99 million, as both single-family home sales and condo sales were up.

Single-family home sales rose 1.6 percent, while condo sales jumped 5.5 percent, reversing the 5.2 percent drop in the previous month.

While existing home sales have changed little since the beginning of this year, they have declined significantly from a year ago. Sales of single-family homes during the first five months of this year were down 19.1 percent from those during the same period last year. The decline in condo sales have been more pronounced, with year-to-date condo sales 26.6 percent lower than those last year.

Existing home sales increased in three regions: 4.6 percent in the Northeast; 5.5 percent in the Midwest; and 2.0 percent in the West. Sales edged down 0.5 percent in the South.

During the current housing downturn, existing-home sales have performed considerably better than new-home sales, which saw a year-to-date drop of 37.5 percent.

One explanation is foreclosure or distressed sales—estimated to account for nearly a third of the market—according to the National Association of Realtors. Foreclosed homes are usually sold at a deep discount, helping to lure buyers back into the market.

While the median price for total existing homes for the nation fell 6.3 percent in May from a year ago, the decline was 16.0 percent in the West region, which is experiencing the highest foreclosure rate in the nation.  

Inventory modestly improved during the month. Following the 10.5 percent jump in April, the number of total homes available for sale fell 1.4 percent in May.(The data are not seasonally-adjusted.) A faster sales pace and a drop in inventory pushed down the months’ supply of total existing homes to 10.8 from 11.2 months in April. The months’ supply for single-family homes was 10.4 months in May, compared with 8.7 months a year ago. The months’ supply for condos rose to 14.2 months in May from 10.1 month a year ago.

The Treasury markets rallied and yields moved lower as investors sought safe havens from the plummeting stock markets.

Stocks tumbled in response to record oil prices and credit market writedowns. The yield on the 10-year Treasury note stayed around 4.04 percent by mid-Thursday afternoon—four basis points lower than the rate on Wednesday.

(Orawin Velz is senior director of economic forecasting with the Mortgage Bankers Association. She can be reached at ovelz@mortgagebankers.org.)
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Four Elected to MBA’s State and Local Advisory Council
MBA (6/27/2008 ) Mechem, John
The Mortgage Bankers Association announced the election today of four new representatives to MBA's State and Local Advisory Council. The new council members will take their seats during the council meeting on October 16, just prior to MBA's State & Local Workshop, which is being held in San Francisco, Calif.

The spring election, conducted by MBA's 44 adjunct state associations, resulted in four new representatives to the council.

MBA’s State and Local Advisory Council consists of nine members—four from the Western Region and four from the Eastern Region, plus a Chairman. The current Chairman of the Council is Phil Bracken, executive vice president at Wells Fargo Home Mortgage and a member of MBA’s Board of Directors.

For the Western Region, the new association manager representative is Al Thorup, executive director of the Indiana Mortgage Bankers Association, and the new volunteer representative is Rosemary Barbour, director of client services at Beadles, Newman & Lawler P.C. in Dallas, Texas.

In the Eastern region, the new association manager representative is Rhonda Marcum, executive director of the Mortgage Bankers Association of the Carolinas, and the new volunteer representative is Ron Agasar, regional vice president for Franklin American Mortgage Co. Agasar is located in Marlton, New Jersey. 

The new representatives will join incumbents on the Council, who will continue service through October 2009. They include Western Region representatives John Norman, executive director of the Utah Mortgage Lenders Association and Julie Piepho, CMB, CML; senior vice president of Cornerstone Mortgage, Houston, Texas.  The Eastern Region continues to be represented by Jean Rosen, CAE; executive director of the Mortgage Bankers Association of Metropolitan Washington and Roberta Wilson, branch manager for New South Federal Savings Bank in Lexington, Ky.
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MBA Applauds House Recognition of Homeownership Month
MBA (6/27/2008 ) Stokes, Aleis
The Mortgage Bankers Association said yesterday it applauded the House's resolution which recognizes National Homeownership Month and the importance of homeownership in the United States at a time of increasing foreclosures.

"The mortgage industry, through its individual efforts and through the efforts of HOPE NOW, is working tirelessly to keep homeownership available to as many Americans who want it. This means preserving homeownership opportunities across the nation by constantly aiding troubled borrowers while also providing proactive and tangible financial literacy resources for future homebuyers," said Jonathan Kempner, president and CEO of MBA.

"From credit information to loan type to how much a homebuyer can afford, understanding the entire process before buying a home is crucial. I encourage homeowners and homebuyers across the nation to utilize MBA's consumer education resource, HomeLoanLearningCenter.com, at www.homeloanlearningcenter.com.
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Residential Briefs
MBA (6/27/2008 ) Palaparty, Vijay
Drexel Lending, MSM Lender Select PriceMyLoan Technology
Drexel Lending Group, Ontario, Calif., and MSM Lender, Rancho Cucamonga, Calif., implemented product and pricing technology from PriceMyLoan, Costa Mesa, Calif. PML technology, primarily designed to screen out loan submissions that will not satisfy investor product guidelines, could help create efficiencies for loan originators.

Industry Titan Interthinx Integrates MERS Data
Interthinx Inc.
, Agoura Hills, Calif., a provider of risk mitigation, mortgage fraud prevention and regulatory compliance tools for the mortgage industry, integrated MERS data into its FraudGUARD scoring system to detect undisclosed properties, reveal investors claiming owner occupancy and to uncover recently closed loans that could indicate a borrower’s intent to commit mortgage fraud.

Atlantic Coast Mortgage Adopts OpenClose Technology
Atlantic Coast Mortgage Group
, Fort Lauderdale, Fla., selected web-based mortgage software from OpenClose, West Palm Beach, Fla., for loan processing. OpenClose’s system automates front and back-end operations, including support for underwriting, closing, post-closing, secondary marketing, funding, shipping and reporting. The software also enables Atlantic Coast Mortgage to originate and process loans from any location, including home-based staff.

Freddie Mac, CUNA Alliance Aids Credit Unions
A renewed alliance agreement between the Credit Union National Association and Freddie Mac, McLean, Va., will continue to provide credit unions with technology services, mortgage products and correspondent lending, such as Freddie Mac's borrower outreach initiatives. The alliance provides execution and mortgage product options, learning opportunities and other technology benefits.

Cascade Mortgage Joins First Houston Network
First Houston Mortgage, Houston, a mortgage-banking firm licensed in 20 states, announced that Cascade Mortgage, Vancouver, Wash., a mortgage lending and financial services firm, joined First Houston’s network of affiliated offices.

As an extension of First Houston, Cascade can integrate First Houston’s suite of products, services and technology into its own business practices. Services include a paperless lending platform, in-house underwriting system, electronic signature capability and a paperless file management system. Cascade Mortgage also gains access to First Houston’s offshore operations facility in India for loan processing assistance.
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CREF / MF News
Higher Education Institutions Form Public-Private Partnerships
MBA (6/27/2008 ) Palaparty, Vijay
Colleges and universities increasingly engage private for-profit partners in their long-term development strategies for real estate holdings—a departure from traditionally having total control, according to a report from Moody’s Investors Services, New York.

The report, Public-Private Partnerships in U.S. Higher Education, said that in public-private partnerships, the educational institution retains the title of the real estate over an extended period of time while a private investor builds facilities that serve the institution, the surrounding community or both.

"Colleges and universities have long been strategic real estate investors, and 'banked' real estate holdings can be significant credit strength in some cases," said Roger Goodman, vice president at Moody’s and author of the report. “In higher education, public-private partnerships have been comparatively small transactions and have generally involved student residences or nearby mixed-use real estate developments in urban areas. Recently, we have seen a growing number of structures and strategies for extracting value from a university’s real estate holdings.”

The report said credit impacts of development partnerships can vary widely for educational institutions, depending on the amount of risk and control transferred to the private partner.

"While the variety of structures available to an institution seeking to enter into this type of partnership will likely continue to expand, the credit impact of these partnership arrangements need to be reviewed on a case-by-case basis,” Goodman said.

The report differentiated between types of real estate owned by institutions based on location—rural, suburban or urban . It said buildings not adjacent to the core campus or used for educational purposes could sell or market more easily for non-college uses than vacant land in a rural setting or buildings in the middle of campus.

"Because universities rarely change location, but often do eventually expand over time, most higher education boards and management teams are reluctant to give up ultimate ownership of their real estate holdings," said Goodman. "Newer options allow those universities to monetize their real estate assets or create a new revenue stream to support other mission-focused activities without sacrificing complete control or ownership in the long-term."

Goodman also said the strategic fit of a project or piece of real estate with the long-term goals of the institution best predicts university's behavior and willingness in the future to support a project financed under a partnership.

Furthermore, he said the economic interests of the university are far more important in determining credit impact than accounting treatment of a lease or debt issued under the partnership. The lack of a legal requirement for the university to pay debt service or cover operating costs does not necessarily mean that the partnership debt is off-balance sheet and off-credit, Goodman said.
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DealMaker of the Day
MBA (6/27/2008 ) Murray, Michael
HomeStreet Capital, Seattle, provided $10.2 million in construction financing for conversion of the General Automotive Building in Portland, Ore., from a vacant warehouse to office and retail space.

Gregg Weed of HomeStreet Capital arranged financing through HomeStreet Bank portfolio funds, and a seismic loan was provided by the Portland Development Commission. The project will also use historic tax credits.

The General Automotive Building—between the new light rail line in Old Town Portland and the city’s streetcar line—is in the Pearl District, a former warehouse and industrial district that underwent significant urban renewal since in the last 10 years.

Developer Rob Brewster, president of ConoverBond Development, renovated a dozen older buildings ranging from hotels to student housing in Spokane, Wash., Seattle and Washington D.C., but the project represents Brewster's first in Portland.

"The warehouse was built in 1923 and currently consists of one two-story and one three-story building. The buildings will be combined and increased to five stories upon completion, nearly doubling the gross building area to 48,000 square feet. Approximately 37,000 square feet will be allocated to office space and 7,500 square feet to ground-level retail and restaurants," Weed said.

The building will also be submitted for LEED silver certification upon completion. The construction contractor for the project is Fortis Construction Inc. and SERA Architects Inc. will be the project architect.

"The office space will feature open floor plans with exposed walls, ductwork and hanging lights. Large windows will provide natural light to fit with the style of the Pearl district," Weed said.
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MBA News
Jay Leno, 'Fab Four' Highlight Annual Convention Club MBA
MBA (6/27/2008 ) Toporek, Devin
Club MBA, a favorite tradition at the Mortgage Bankers Association’s Annual Convention & Expo, features two proven entertainment favorites: comedian and “Tonight” show host Jay Leno and the Fab Four, the “Ultimate Beatles Tribute.”

Jay Leno follows in the footsteps of legendary NBC late-night hosts Steve Allen, Jack Paar and Johnny Carson and is the host of the Emmy Award-winning and top-rated “The Tonight Show with Jay Leno.” As one of the country’s premier comedians, Leno’s personable style and reputation for being one of the hardest working people in show business have earned him millions of fans worldwide.

With uncanny, note-for-note live renditions of Beatles’ songs, the Fab Four will make you think you’re watching the real thing. This loving tribute and incredible stage show will bring you classic hits such as “Can’t Buy Me Love,” "Yesterday” and “A Day in the Life,” and is sure to take you down memory lane.

MBA’s Annual Convention & Expo, which takes place Oct. 19-22 at the Moscone West Convention Center in San Francisco also features these events:

• The Chairman’s Luncheon, featuring Chris Gardner (The Pursuit of Happyness) as he tells his extraordinary tale from a homeless single father to founder and president of multi-million dollar brokerage Gardner, Rich & Co.;

• The Sports Luncheon, featuring NFL Hall of Famer Steve Young, co-founder and manager of Sorenson Capital.

Register today and purchase individual tickets or reserve an entire table at these events for preferred seating.

For more information visit the Ticketed Events section of the Annual Convention web site, http://events.mortgagebankers.org/95th_annual/ticketed_events/.

For more information, visit the Annual Convention web site, http://events.mortgagebankers.org/95th_annual/default.html.
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MBA NewsLink Reprints
MBA (6/27/2008 ) MBA Staff
Articles appearing in MBA NewsLink are available as reprints for a nominal fee. Reprints are done on quality paper or can be sent electronically as a .PDF file. Reprints can be distributed to your employees, to illustrate presentations or for other communication purposes.

For reprint information on stories in MBA NewsLink, contact Stefanie Lauff at (800) 394-5157 Ext. 26.
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Residential
Foreclosures Damage Credit Scores Up to 300 Points
MBA (6/27/2008 ) Murray, Michael
Some borrowers facing foreclosure—who decide to drop a property rather than attempt to work out mortgage repayments—could face credit issues that prevent them from purchasing a home within the next five years, industry experts said.

"I do believe that people, unfortunately, are making the very poor decision to simply walk from a home thinking that perhaps—maybe too soon—they would simply be able to buy a new home when that is absolutely not correct," said William DiPaolo, managing partner at Cogent Road, San Diego.

Industry experts said foreclosures could drop credit scores from 100-300 points, making it nearly impossible to obtain a mortgage from Fannie Mae, Freddie Mac or FHA anytime soon.

"It's kind of surprising, but it depends on the individual case as to how many points your score will actually drop," said Ron Litt, principal of Ron Litt Consulting, Houston.

Litt said, for example, a borrower with strong credit who was unable to sell an investment property purchased before home values fell, could decide to foreclose on the home rather than rent it out. That borrower could possibly purchase a home in two years, assuming other credit was not damaged during that time.

"There are very high standards for credit these days. As long as a [borrower's] credit is in decent shape, it is good enough to get the loan. The foreclosure is going to have an impact on the score, but as long as the rest of the credit is good enough, the borrower should be okay," Litt said. "Within a year or two, you could probably get a loan for a house depending on your credit. However, you can forget about an FHA loan for about five years."

Litt, however, also said the most damage on the score is not necessarily the foreclosure but the consistency of late payments. After a foreclosure, Litt said a former homeowner could take one to two years to fix up the credit report but, during that time, other losses impacting scores can include liens from second mortgages, unpaid homeowners association dues or unpaid property taxes placed on the credit report.

"The foreclosure itself, although it's a big thing, it's not an isolated action," Litt said. "It carries alot of subsequent consequences with it that can affect your credit."

DiPaolo said that in today's credit environment, a 60-day late borrower on a home "may as well forget" about receiving a Fannie Mae loan.

"The foreclosure of debt in someone's life is the greatest single indicator of risk a bank can ever have and because of the headlines, it's also now working on the banks—especially Fannie Mae—to look much, much more closely at that foreclosure event," DiPaolo said. "A foreclosure event in someone's life will affect their credit score 200-300 points, in effect blasting anybody—no matter how good your score was before that—out of the ability to qualify for a mortgage. Even at excessive rates, you're just going to have to rent."

DiPaolo said San Diego County represented the third or fourth highest region as an overall percentage of foreclosures, but the percentage of foreclosures compared to loans in the pool was under 1 percent.

"Let's always keep in mind that the vast majority of people are still paying their mortgages on time," DiPaolo said.

"If it is at all possible to avoid foreclosure, you want to do that," Litt said. "There are other ways to do [avoid it], and it will have an even lesser impact on the credit score than taking the foreclosure route."
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