Volume 7 | Issue 225 | Wednesday, November 19, 2008
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"As the economy slows further, it threatens to prolong the housing correction, as well as the stress on our financial institutions and financial markets…If we have learned anything throughout this year we have learned that this financial crisis is unpredictable and difficult to counteract."
--Treasury Secretary Henry Paulson Jr., in testimony yesterday before the House Financial Services Committee.
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Top National News
Treasury Denounced Over Bailout (New York Times)
Future Shape of Fannie, Freddie Stirs Debate as Losses Mount (Wall Street Journal)
Home Prices Decline by 9 Percent (New York Times)
CMBS Market Begins to Show Fissures (Wall Street Journal)
FHA Puts $12.2B in a Loss Reserve (American Banker)
Freddie, JPMorgan in Debt Dispute (Philadelphia Inquirer)
Fannie in Danger of Stock Delisting (Washington Post)
Lawsuits Target Mortgage Scams (Naperville Sun (IL))
Plots & Ploys: Home A-Loan? (Wall Street Journal)

Residential Finance News
Home Builder Confidence Plummets; Housing Affordability Hits 4-Year High
Mortgage Applications Down in MBA Weekly Survey

Commercial/Multifamily Finance News
CMBS Not Back Until at Least 2011, Cohen Says
DealMaker of the Day

MBA News
MBA/HUD LIVE Online Conference Thursday; Register Now
Call for Proposals for MBA Govt. Housing/Loan Production Conference
MBA Accounting/Tax Conference Dec. 10-12

Spotlight: Washington
Paulson, Bernanke Defend TARP amid Hill Concerns
MBA Testifies Today at Senate Bankruptcy Hearing

Top News
Treasury Denounced Over Bailout
New York Times (11/19/08) P. B1; Andrews, Edmund L.
Democrats criticized Treasury Secretary Henry Paulson Jr. for not using money from the $700 billion financial stimulus package to help homeowners avoid foreclosure. During a hearing before the House Financial Services Committee, Paulson maintained that the money should be used as an "investment" in financial institutions rather than for "spending" on rescue efforts. Federal Deposit Insurance Corp. Chairman Sheila Bair said the federal government needs to be more proactive or the nation could have up to 5 million foreclosures over the next two years. The Treasury has committed about $250 billion for banks and $40 billion to American International Group so far, and Paulson said he does not want to allocate more money before President Bush leaves office in January.
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Future Shape of Fannie, Freddie Stirs Debate as Losses Mount
Wall Street Journal (11/19/08) P. C8; Hagerty, James R.
Although Treasury Secretary Henry Paulson Jr. has insisted that Fannie Mae and Freddie Mac will make good on their obligations, rising losses continue to make investors wary and have prompted housing and mortgage industry representatives to speak out on how the mortgage giants should be structured in the future. While the National Association of Realtors and the National Association of Home Builders argue that the government should explicitly guarantee Fannie Mae and Freddie Mac, Bank of America Corp. CEO Kenneth Lewis believes they should be run by the private sector. Many bankers are calling for the companies to be replaced with lender-owned cooperatives responsible for securitizing loans and paying a fee to the Treasury to cover catastrophic losses. The matter will be discussed Nov. 19 at a meeting of lenders, real estate brokers and academics to be held in Washington by the Mortgage Bankers Association.
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Home Prices Decline by 9 Percent
New York Times (11/19/08) P. B2
Existing-home prices dropped back 9 percent in the 2008 third quarter from the same three months of last year, according to a report from the National Association of Realtors. Impacted by foreclosure deals--which accounted for as much as 40 percent of all home transactions during the quarter--the trade group documented lower residential values in 120 of the 152 metropolitan areas that it tracked. Prices for single-family homes held steady in four of those areas and actually increased in 28. In a separate, but related report, the National Association of Home Builders confirmed that unemployment worries, turmoil in the financial markets and recession drove industry sentiment down to the lowest level ever in November.
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CMBS Market Begins to Show Fissures
Wall Street Journal (11/19/08) P. C1; Wei, Lingling; Natarajan, Prabha
The market for debt used to finance office buildings, shopping centers, hotels and other commercial properties stumbled on Nov. 18 on concerns that a long-feared increase in defaults for commercial mortgage-backed securities had started. Credit Suisse analysts expect a couple of big commercial mortgages that had been packaged into securities in the last year to default, as the rapid deterioration of these loans stoked fears that the weakening economy and higher unemployment rate would drag down the $800 billion CMBS market. The two loans were made by J.P. Morgan Chase & Co.: a $125 million loan secured by the Promenade Shops at Dos Lagos, in Corona, Calif., and a $209 million mortgage backed by Westin hotels in Tucson, Ariz., and Hilton Head, S.C. Citigroup Inc. reports that the overall number of commercial mortgages packaged into securities that are 30 days or more past due increased to 0.64 percent in October from 0.39 percent at the end of 2007.
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FHA Puts $12.2B in a Loss Reserve
American Banker (11/19/08) P. 13
During the fiscal year ended in September, originations of loans insured by the FHA totaled $171.8 billion, boosting the agency's portfolio by 36 percent to $479.6 billion. To cover losses on single-family mortgages, the FHA added $12.2 billion to its reserves, marking a 163-percent gain to $19.7 billion. Though the capital ratio for its single-family insurance fund dipped to 3 percent during the fiscal year, it remains above the 2-percent minimum.
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Freddie, JPMorgan in Debt Dispute
Philadelphia Inquirer (11/19/08)
Freddie Mac reports that JPMorgan Chase & Co. is refusing to repurchase mortgages sold to the federally chartered firm by Washington Mutual Inc. that were not of the quality claimed by WaMu. JPMorgan assumed WaMu's assets after the thrift failed but says it will not buy back the underperforming loans. However, Freddie Mac warns that "unless it assumes the [WaMu] repurchase obligations," JPMorgan will not be allowed to retain WaMu's mortgage-servicing contracts.
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Fannie in Danger of Stock Delisting
Washington Post (11/19/08) P. D3; Goldfarb, Zachary A.
Shares in Fannie Mae and Freddie Mac have fallen below $1, which is a violation of the rules of the New York Stock Exchange. Fannie Mae is in danger of being delisted from the NYSE and is discussing its options with its regulator, the Federal Housing Finance Agency. The mortgage finance giant must inform the stock exchange of it plans to boost its share price above $1 by Nov. 26, and would then have six months to accomplish the task. Failure to boost the stock price could result in Fannie Mae being dropped from the NYSE, which is a move that would devastate most companies.
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Lawsuits Target Mortgage Scams
Naperville Sun (IL) (11/19/08)
Illinois Attorney General Lisa Madigan has filed suit against seven mortgage rescue firms for violating the Illinois Mortgage Rescue Fraud Act, which makes it illegal for businesses to accept payments before actually providing homeowners with services to save their homes. Madigan says the companies in question pocketed the upfront fees without ever contacting the lenders to renegotiate lower payments on behalf of the borrowers.
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Plots & Ploys: Home A-Loan?
Wall Street Journal (11/19/08) P. C10; Hudson, Kris; Karp, Jonathan; Hagerty, James R.
Some of the nation's dozen Federal Home Loan Banks are having difficulty calculating the value of their investments. The FHLB of Atlanta recently wrote down three mortgage-backed securities in its portfolio by a total of $87.3 million, assessing its projected losses on the basis that the loans are prime quality. However, at least one major credit-rating firm has labeled the collateral for each of the bonds "Alt-A," which typically denotes borrowers who did not fully document their assets or income. At the same time, the FHLB of Seattle recently delayed its third-quarter results filing due to the complexity of determining whether it needs to mark down mortgage securities.
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Residential
Home Builder Confidence Plummets; Housing Affordability Hits 4-Year High
MBA (11/19/2008 ) Wisniowski, Charles
Confidence among builders of new single-family homes plunged in November even as the number of potential home buyers nationwide reached the highest level in more than four years, the National Association of Home Builders reported.

The November NAHB/Wells Fargo Housing Market Index sank by five points to 9, the lowest level recorded since its creation in 1985. A score of 50 or below indicates builder view sales conditions as in decline.

Two of three HMI component indices declined in November; the index gauging current sales conditions fell by six points to 8—a record low—while the index gauging traffic of prospective buyers fell by four points to 7, also a record low, NAHB said. The index gauging sales expectations in the next six months held firm in November from the previous month at its record low of 19.

“Today’s report shows that we are in a crisis,” said NAHB Chairman Sandy Dunn. “Tremendous economic uncertainties have driven consumers from the housing market, and it’s going to take some major incentives to bring them back.”

Every region posted declines in builder confidence in November, NAHB said, as the Northeast, South and West each registered five-point declines to 11, 11 and 6, respectively, while the Midwest registered a six-point decline to 7.

The NAHB/Wells Fargo Housing Opportunity Index released Monday noted that 56.1 percent of all new and existing homes sold were affordable to families earning the national median income of $61,500—a significant increase from the 40.4 percent of families who could afford homes at the peak of the housing boom, Dunn said.
 
“If there is a silver lining to this crisis, it would be that some housing markets have become more affordable with a larger inventory to choose from,” Dunn said.

According to Mortgage Bankers Association projections, median home prices for new and existing homes are expected to continue their decline this year, falling by 7-8 percent, while home prices predicted to decline more modestly in 2009.

MBA expects total existing home sales for 2008 to decline by nearly 12 percent from 2007 to 4.96 million units, with sales to pick up by 3 percent in 2009. New home sales will decline by 36 percent from 2007 to 500,000 units, with sales projected to decline another 12 percent in 2009, MBA said.

The two most affordable major housing markets in the country during the third quarter were Indianapolis, Ind., and Youngstown, Ohio. In each market, 91 percent of homes sold in the third quarter were affordable to families earning the areas’ median household incomes of $65,100 and $52,000, respectively, NAHB said.
 
Also near the top of the list for affordable major metropolitan areas were Grand Rapids-Wyoming, Mich.; Warren-Troy-Farmington Hills, Mich.; and Detroit-Livonia-Dearborn, Mich.
 
Meanwhile, NAHB cited the New York-White Plains-Wayne, N.Y.-N.J. housing market as the nation’s least affordable for the second consecutive quarter. In the New York market, 10.6 percent of the new and existing homes sold during the third quarter were affordable to those earning the area’s median family income of $63,000.

Other major metro areas at the bottom of the housing affordability chart included San Francisco-San Mateo-Redwood City, Calif.; Nassau-Suffolk, N.Y.; Los Angeles-Long Beach-Glendale, Calif.; and Miami-Miami Beach- Kendall, Fla.
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Mortgage Applications Down in MBA Weekly Survey
MBA (11/19/2008 ) Kemp, Carolyn
Mortgage loan application activity fell last week despite steady interest in refinancings, the Mortgage Bankers Association reported in its Weekly Mortgage Applications Survey for the week ending November 14.

The Market Composite Index fell to 398.6, a decrease of 6.2 percent on a seasonally adjusted basis from 425.0 one week earlier. On an unadjusted basis, the Index decreased by 7.2 percent compared with the previous week and fell by 41.3 percent compared with the same week one year earlier. The four-week moving average decreased by 2.7 percent.

Despite the drop in overall application activity, the seasonally adjusted Refinance Index increased by 2.6 percent to 1281.2 from the previous week. The four-week moving average rose by 2.5 percent. The refinance share of mortgage activity increased to 49.9 percent of total applications from 45.1 percent the previous week.

The seasonally adjusted Purchase Index decreased by 12.6 percent to 248.5 from one week earlier. The Conventional Purchase Index decreased by 15.3 percent while the Government Purchase Index (largely FHA) decreased by 6.5 percent.

The average contract interest rate for 30-year fixed-rate mortgages decreased to 6.16 percent from 6.24 percent, with points increasing to 1.24 from 1.17 (including the origination fee) for 80 percent loan-to-value (LTV) ratio loans.

The average contract interest rate for 15-year fixed-rate mortgages decreased to 5.87 percent from 5.90 percent, with points increasing to 1.24 from 1.12 (including the origination fee) for 80 percent LTV loans.

The average contract interest rate for one-year adjustable-rate mortgages increased to 6.80 percent from 6.77 percent, with points increasing to 0.63 from 0.43 (including the origination fee) for 80 percent LTV loans. The ARM share of activity increased to 2.6 percent from 2.3 percent of total applications from the previous week.

The survey covers 50 percent of all U.S. retail residential mortgage originations and has been conducted weekly since 1990. Respondents include mortgage bankers, commercial banks and thrifts.
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CREF / MF News
CMBS Not Back Until at Least 2011, Cohen Says
MBA (11/19/2008 ) Murray, Michael
Jack Cohen, CMB, CEO of Cohen Financial, Chicago, spoke with MBA NewsLink about the current liquidity crisis and how it impacts commercial real estate and securitization markets.

MBA NEWSLINKWithout Treasury purchasing toxic assets through the Troubled Asset Relief Program, life insurance companies could be stuck writing down commercial mortgage-backed securities on their balance sheet and hold less liquidity, JP Morgan Securities said last week. Where do you see capital coming from in the next year if life insurance companies become more stretched and CMBS tries to get back on its feet? Where is liquidity going to come from in commercial real estate?

JACK COHEN: Let’s answer your question with a question. How much liquidity is really the right amount? Consider the possibility that everyone has to give up their mental memory of the future, and the possibility that everyone and anyone waiting for life to come back in any semblance to the way it was, is going to miss the boat.

The reality is—do you want to take a guess how big the capital markets were in 2003-2004? They were at $100 billion to $200 billion. We had transactional volumes not because of great players or great deals but because of an artificially buoyant marketplace. In 2006 or 2007, deals that would normally have happened in 2008, 2009 or 2010, were brought forward in 2007 because the money was so easy.

NEWSLINKWhy do you think the capital markets will go back to 2003-2004? Why not go back as far as the early 1990s?

COHEN: Let’s approximate for progress. Life companies always did $20 billion to $30 billion of business. Banks always did $40 billion, maybe $50 billion of business. Fannie [Mae] and Freddie [Mac], combined, always did $15 billion to $25 billion of business. If I just add that up, I’m over $100 billion and that’s before securitization comes back, and that’s before pension funds or finance companies. And, there are loans that will rollover that will bring us not just the need but capital that exists that is larger than a marketplace that goes back 10 to 15 years.

There are many things from previous cycles that will come back forward but the reality—in my view—is that the first thing that has to happen is everyone has to give up their entitlement expectation that to survive and prosper, we need a $500 billion transaction marketplace.   

NEWSLINK: Is that going to change the role of commercial mortgage bankers going forward with regard to borrowers? Has that role changed this year since CMBS has been out of the picture, and will it change next year?

COHEN: Something that mortgage bankers, mortgage brokers and investment sales brokers have to accept is that the core competency of being an auctioneer is no longer valued. But, in the olden days, bankers, brokers and investment sales people actually knew their deal, knew their customer, had an opinion about right and wrong, advocated it and were able to persuade and maintain a relationship on both sides of the transaction.

Consider the possibility that the largess—the fast, loose money—created a skill-set atrophy. Consider the possibility that it was a competitive disadvantage to actually know something about your deal and say that the property or loan was not worth more than what it was eventually sold at or the amount loaned on it.
  
Long term, this is great. As the skill sets improve, as knowledge and relationships matter, the borrowing community is going to need good intermediaries more than ever—so long as good intermediaries actually exist.

The people who have the business will be the ones who are relied upon for knowledge and relationships more than anything else.

NEWSLINK: As a strong advocate for borrower service in CMBS, did the securitization market in general—residential or commercial—move further away from borrower needs to investor needs because the mortgage banker’s role fell in the middle between borrower and investor. Did it lean too much toward the investor?

COHEN: Although it is a good question, I don’t really know. There are a lot of things different about this time than prior times, but one thing I always want to remind people is that the [commercial] real estate business didn’t take us into this mess. We didn’t have overbuilding or poor underwriting to the extent that brought everything down.

We’re in this mess because financial institutions [around] the globe started the process of deleveraging a year ago, and it is that deleveraging that is going to go to corporations, assets and human beings that is shifting the amount of debt that exists in the globe—less of it and where it stands.

The fact that these institutions bought these bonds or lent securitized, they are not innocent bystanders but they are also unintended consequences to all of this, as opposed to the ‘perfect storm’ that hit in the late 1980s and early 1990s where lenders actually should have stopped lending and did not.

Now, residential is a different problem because of all that went on with subprime, but that just lit the fuse. That didn’t keep this thing burning, and it is not going to be what the ultimate train wreck is going to all be about. Subprime is only $700 billion to $800 billion of this problem. We are sitting with $1.1 trillion of credit card debt that the public owns and that is going to keep the mess alive for much longer than any one thing—vis-à-vis commercial real estate fundamentals.

Whether or not securitization went to the borrower or lender, it kind of doesn’t matter because it wasn’t part of the problem that exists right now.    

NEWSLINK: So then, how will securitization look moving forward?

COHEN: It won’t come back. It is not going to come back until at least 2011, and when it comes back it has to come back in a different form. It cannot come back until somebody resolves mark-to-market.

One of the reasons securitization imploded was because all the growth it created—$500 billion of growth, et. al.—all that growth was a by-product of crossover bond buyers who bought securitized bonds. Those fixed-income investors had portfolios that were subject to mark-to-market.

When there was no market, deleveraging starts [and] there are only two ways to de-lever—you sell assets or raise equity. When everyone does it at the same time, prices fall. An unhealthy institution sells assets at a below market number because it needs liquidity means a healthy institution has to mark-to-market and, therefore, that [poor-performing] portfolio affects the healthy institution in a way nobody ever considered.

Securitization cannot come back as another mark-to-market bond vehicle because no chief investment officer who remembers this period of time when AAA went from—what everyone believes was a secure band—between 20-30 basis points over swaps and became as wide as 550 [basis points] over swaps, nobody will ever go back into that product-type on that basis.

The hedge funds that used to buy, the life companies and the fixed-income buyers that used to buy on that basis are not coming back.

When we come back, it is going to have to be some kind of private-public vehicle that, in the end, is not subject to mark-to-market or mark-to-market rules are changed. Otherwise, it’s not coming back.

MBA NewsLink: It does seem financial institutions have been allowed to perform mark-to-model instead of mark-to-market as a change in FAS 157 rules. Does that make a difference?

COHEN: Yes, that does matter. It gets back to a hold-to-maturity mentality. But, until that settles, the people who are temporary to the business—who were really not committed to the industry and were just buying the product—they are not coming back.

Again, I am not suggesting anybody did anything wrong. I am just suggesting—my earlier point—to give up your mental memory of the future. Expect not that something from the past will show up in the future but that something in the future will actually be different than what we experienced in the present or the past. That is why I don’t think the securitized world comes back anytime soon.
It is necessary and it has a role, but its time is not now.

NEWSLINK: If rules permanently go to mark-to-model, is there a chance of securitization coming back then?

COHEN:  I think that is one solution, there may be others. The interesting thing about this business is what we need is to reduce volatility. Risk is volatility of outcome. If you don’t know if it is market-to-model or mark-to-market or some other thing, [investors] are not going to jump into this.

Once the rules are in place, [industry players] are exceptional at changing their business model to adapt to the rules and then move on. But, as long as the rules keep changing, nobody is going to step in because they cannot alter [the models]. This is why there is a housing issue, we have a public debt issue and a number of other issues…we are rebuilding the financial infrastructure of the globe on the fly.

The Treasury Department is going to invest in these banks—there’s a change as we start having unintended consequences [and] that is what 2009 will all be about. Then, in 2010, after two years of a weak economy, no real new loans, liquidity stretched, an economy having problems—maybe bankruptcies, maybe delinquencies—then, in 2010, we start having securitized rollover and we start having problems at the exact same time.

The system was not designed for that kind of stress, so we are going to have a huge traffic jam in 2010 tied to the existing securitized world. That is why I say nothing happens anew until at least 2011.

(Part two of this interview will appear in MBA NewsLink on   Thursday, November 20.)
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DealMaker of the Day
MBA (11/19/2008 ) Murray, Michael
Johnson Capital, Denver, arranged more than $24 million for multifamily properties in Arizona and Georgia.

Buzz Walker, director in Johnson Capital’s Denver office, arranged $10.6 million for Tapestry on Central, a three-building, seven-story multifamily community adjacent to the Willow Historic District of Phoenix.

Walker arranged acquisition financing through FirstBank of Arizona in the form of an 18-month bridge loan with a 6 percent interest rate. The property was 76 percent leased at the time of purchase, and the borrower was able to buy the 66 unoccupied units from the developer at a discount.

Tapestry on Central consists of more than 280 units, and it includes executive penthouses and flats with floor plans ranging from nearly 850 square feet to more than 2,500 square feet.

Darren Fisk, a principal in the Denver office, arranged a $13.8 million loan for the Views at Vinings Mountain,  a 180-unit garden-style apartment property in Atlanta.

Fisk secured the five-year, fixed-rate financing with a 5.77 percent interest rate. The loan was provided to a national apartment institutional investor by Freddie Mac’s structured finance group.

The lender originally financed 65 percent of the multifamily property’s "as-is value" as well as 65 percent of the borrower’s renovation funds spent to date, along with a completion guarantee. “Partial recourse will burn off as the property hits debt coverage service ratio hurdles,” Fisk said.

The Views at Vinings Mountain consists of nine three-story buildings on 15 landscaped acres. The apartment property, built in 1983, has nearly 180,000 square feet of space.
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MBA News
MBA/HUD LIVE Online Conference Thursday; Register Now
MBA (11/19/2008 ) Roundy, Alicia
The Mortgage Bankers Association presents a timely LIVE Online Conference on FHA Developments with MBA and HUD staff. The Conference takes place Thursday, Nov. 20 from 2:00-3:30 p.m. ET. Space is limited.

Significant developments within FHA reform continue to be a primary focus within our economy and on Capitol Hill. Learn how these and other occurrences affect the mortgage industry moving forward. Join experts from MBA and senior staff from HUD for updates on the latest FHA developments and how they affect your business. This LIVE Online Conference is an excellent opportunity to ask questions on how FHA will position itself under the new administration of President-Elect Barack Obama.

Topics and speakers for this program will be announced soon. Space is limited on this popular LIVE Online Conference, so be sure to register now to ensure your participation.

Cost: If you are interested in participating in this LIVE Online Conference, you must register. The fee is $175 per site for MBA members and $225 per site for nonmembers.

To register, visit http://www.campusmba.org/products/default.aspx?product_code=E2901716B/REGIS. You can also register by phone at (800) 348-8653.

About LIVE Online Conferences
Save money and time with MBA's LIVE Online Conferences, powered by CampusMBA, the education division of MBA. This interactive format enables participants to easily view presentations, download articles and analyses and interact with experts through their desktop or laptop computers. All that is needed to participate in this convenient and inexpensive format is a computer with an Internet connection and a phone. This saves both travel expenses and time away from the workplace.

Site Registrations: All LIVE Online Conference registrations are considered "site" registrations. Each site registration can have one or many participants. A site registration is equal to one connection. This means if you have multiple participants at one site, they must all be on the same phone line and internet connection. Additional phone lines or internet connections will require additional registrations. The person who registers for the program must participate on the site.

Limited Space: Due to limited number of seats on our online conference system, we are only able to present the full interactive program to the first 125 sites that connect on the day of the program. However, if you dial in after those allotted seats are full, you will still be able to participate in the audio portion of the program. All visual conference materials that will be used during the presentation will be available to all registered sites following the program.

To learn more about LIVE Online Conference Policies, visit http://www.campusmba.org/AboutCampusMBA/CampusMBAPolicies

Designation Credit: Participants receive one half point toward the Certified Mortgage Banker (CMB) designation. Learn how all participants at your site can earn CMB Points from this conference at (202) 557-2873.

To learn more about CampusMBA and its programs, visit www.campusmba.org.
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Call for Proposals for MBA Govt. Housing/Loan Production Conference
MBA (11/19/2008 ) Edwards, Norman
The Mortgage Bankers Association is accepting speaker proposals for its Government Housing and Loan Production Conference 2009, which takes place April 28-29 in Washington, D.C. The deadline is Wednesday, Dec. 10.

MBA invites proposals for presentations that address detailed and complex industry information on today’s changing environment. Proposals should be described with accuracy and detail. Proposals that include names of panelists who have already been identified and confirmed may be given greater consideration than proposals which do not include names of confirmed panelists.

MBA is particularly interested in proposals that highlight the following topics:

• Business
• Management
• Regulatory/legal issues
• Underwriting
• Technology

To download the Call for Proposals online application, visit http://data.mortgagebankers.org/cfp/survey.aspx?M2902066.

For more information, contact Norman Edwards at nedwards@mortgagebankers.org.
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MBA Accounting/Tax Conference Dec. 10-12
MBA (11/19/2008 ) MBA Staff
The Mortgage Bankers Association’s Accounting, Tax and Financial Analysis Conference takes place Dec. 10-12 at the Mandalay Bay Resort and Casino in Las Vegas.

The conference, Rise to the Challenge—Reporting Accurately in Volatile Markets, targets both residential and commercial/multifamily real estate finance professionals.

Upheaval in the mortgage markets, combined with changes in accounting and disclosure requirements, have created unprecedented financial reporting challenges for mortgage companies. MBA’s Accounting, Tax and Financial Analysis Conference 2008 offers a unique opportunity for mortgage finance professionals to share perspectives on the proper implementation of accounting and tax rules as well as prudent financial analysis and risk management. It also provides the opportunity to earn up to 16 CPE credits.

Register Now; Make Hotel Accommodations
Register online at www.mortgagebankers.org/conferences or call (800) 793-6222 (option 3) Monday–Friday, 9:00 a.m.–5:00 p.m. ET. You can also link directly to the registration form at http://www.mortgagebankers.org/files/conferences/pdf/M2902004_registrationform.pdf.

Accommodations are at the Mandalay Bay Resort and Casino, Las Vegas. Phone (702) 632-7777 or (877) 632-7800. Rates are $149/night standard.

For more information, visit the conference web site, http://events.mortgagebankers.org/accounting2008/default.html.
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Washington
Paulson, Bernanke Defend TARP amid Hill Concerns
MBA (11/19/2008 ) Sorohan, Mike
Treasury Secretary Henry Paulson Jr. and Federal Reserve Chairman Ben Bernanke yesterday defended their administration of the Troubled Asset Relief Program, even as skeptical members of the House Financial Services Committee questioned the program’s ability to stem the current financial crisis.

Paulson and Bernanke said TARP’s implementation over the past six weeks has stabilized the economy and re-opened credit markets.

“We’re still in the early days,” Paulson said. “I think we’ve stabilized the system and prevented a collapse. We still have a lot of work to do in getting the economy going again.”

However, committee skepticism ran bipartisan, albeit for distinctly different reasons. Democrats, including committee Chairman Barney Frank, D-Mass., criticized Paulson for failing to authorize TARP funds to purchase mortgage assets—known by some as “toxic” mortgages. Other Democrats, including Rep. Paul Kanjorski, D-Pa., pressed Paulson to support a $25 billion carve-out of TARP funds to support the auto industry.

“The banks that were the recipients of the capital confusion have not used the funding entirely for re-lending, which many people here understood would be the purpose,” Frank said. “There is some unhappiness about how some of the banks have spent the money. There are also substantive concerns anecdotally that credit is still tight locally.”

Republicans, including ranking minority member Spencer Bachus, R-Ala., questioned why federal funds were being used in private markets and suggested that the federal government lacks an “exit strategy.”

“We continue to purchase assets—nearly $1 trillion worth—and many of us on the Republican side have been concerned since day one of the federal government’s reach in to the private markets,” Bachus said. “Putting capital into companies whose business models are inefficient do not help them address larger problems.”

TARP, conceived by the Bush Administration and passed by Congress through the Emergency Economic Stabilization Act, provides for Treasury to purchase as much as $700 billion in troubled assets directly from financial institutions. At present, Treasury has committed $250 billion to purchase preferred stock in various banking institutions.

However, last week Paulson announced (http://www.treas.gov/press/releases/hp1265.htm) plans to suspend the program authorized by EESA that would enable Treasury to purchase illiquid assets on bank balance sheets as originally planned. Instead, remaining funds would be spent stabilizing the financial system, supporting markets for securitizing credit and reducing incidences of foreclosures.

In his testimony (http://www.treas.gov/press/releases/hp1279.htm), Paulson defended the shift in focus, saying that Treasury requires flexibility in assessing how best to use the remaining TARP funds, “given the uncertainties around the deteriorating economic situation in the U.S. and globally and the continuing financial market stresses.”

“We have always said that the housing correction is at the root of the economic downturn and our financial market stress,” Paulson said. “And as the economy slows further, it threatens to prolong the housing correction, as well as the stress on our financial institutions and financial markets…If we have learned anything throughout this year we have learned that this financial crisis is unpredictable and difficult to counteract. So early last week, we concluded it was only prudent to reserve our TARP capacity, maintaining not only our flexibility, but that of the next administration.”

Paulson insisted that Treasury would continue efforts to use a variety of authorities to reduce avoidable foreclosures. “The government has made substantial progress on that front, through HUD programs, through the Federal Deposit Insurance Corp.'s program with IndyMac, through our support and leadership of the HOPE NOW Alliance and through the new GSE servicer guidelines announced last week that will set a new standard for the entire industry. While I understand the interest in spending TARP resources on other approaches, the efforts already underway will do more to prevent foreclosures than might have been achieved through very large purchases of mortgage-related securities through the TARP.”

Bernanke’s testimony (http://www.federalreserve.gov/newsevents/testimony/bernanke20081118a.htm) centered on TARP’s successes, which he conceded were difficult to quantify given the severity of the financial crisis.

“The value of the TARP in promoting financial stability has already been demonstrated,” Bernanke said. “The financial crisis intensified greatly in the latter part of September and spread to many countries that had not yet been touched by it, which led to grave concerns about the stability of the global financial system.”

TARP allowed Treasury to react quickly, Bernanke said. “These actions, together with similar measures in many other countries, appeared to stabilize the situation and to improve investor confidence in financial firms,” he said. “Notably, spreads on credit default swaps for large U.S. banking organizations, which had widened substantially over the previous few weeks, declined sharply on the day of the joint announcement. Going forward, the ability of the Treasury to use the TARP to inject capital into financial institutions and to take other steps to stabilize the financial system—including any actions that might be needed to prevent the disorderly failure of a systemically important financial institution—will be critical for restoring confidence and promoting the return of credit markets to more normal functioning.”

Frank and Democrats remained skeptical. “Public confidence is at its lowest point,” he said. “It is essential that we use some of these funds to use TARP to reduce foreclosures.” And Rep. Carolyn Maloney, D-N.Y., said TARP had accomplished nothing more than to “fund mergers and acquisitions.”

Paulson, who bore the brunt of committee questioning, insisted that TARP has enabled the economy to turn the corner. “We have done what was necessary as facts and conditions in the market and economy have changed, adjusting our strategy to most effectively address the urgent crisis and preserving the flexibility of the President-elect and the new Secretary of the Treasury to address the challenges in the economy and capital markets they will face in the coming months.”

Paulson, under further questioning from Democrats, dismissed suggestions to carve out $25 billion in TARP funding to assist auto manufacturers, saying “other ways” exist to support automakers.
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MBA Testifies Today at Senate Bankruptcy Hearing
MBA (11/19/2008 ) Sorohan, Mike
Mortgage Bankers Association Chairman David Kittle, CMB, will testify this morning before the Senate Judiciary Committee on the impact of a controversial proposal to allow bankruptcy judges to modify, or “cram down,” the terms of a primary mortgage.

The committee, chaired by Sen. Richard Durbin, D-Ill., holds a hearing on Helping Families Save Their Homes: The Role of Bankruptcy Law beginning at 10:00 a.m. ET in room 216 of the Hart Senate Office Building.

Durbin has been a strong proponent of cram downs, which would allow bankruptcy judges to modify the terms of an existing first mortgage—a provision strongly opposed by MBA and other industry trade groups. The Senate rejected a cram-down provision earlier this year and failed to include such a provision in subsequent economic stability legislation.

Also scheduled to testify: Sheriff Thomas Dart of Cook County, Ill.; Michael Calhoun, president of the Center for Responsible Lending; Adam Levitin, professor at Georgetown University Law Center; and Christopher Mayer, senior vice dean and professor of real estate of the Graduate School of Business at Columbia University.
 
MBA NewsLink will provide coverage.
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