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The Mortgageland Journal from AMC Institute

The Mortgageland Journal™ Insights, Opinions, News & Commentary January 1st 2010 - 76th Edition 2010 and Beyond! I started my employment in the consumer residential real estate mortgage lending industry forty-five years ago; I've been an eye witness to four (4) serious housing/mortgage lending 'corrections' during this time period. Industry historians and those veterans, who have been around for a similar period, all know what happens next and it's good! Our business is cyclical – up and down in an approximate 10 year cycle. The correction in the fall of 1998 all but wiped out the 'subprime' lending sector and brought Fannie & Freddie and their 'conforming' products to their knees; only their ambiguous Government backing saved them at that time. Today the media touts the fact that something like 150 Banks failed in 2009, which is nothing like the several thousand which collapsed resulting in the entire secondary market (it was mostly thrifts and banks at that time with FNMA and FHLMC picking up no more than a small market share) being severely hammered in the late 1980's and early '90's. The pounding in the late '70's when we had double digit rates was the mildest of the four, as I recall. Today's situation is different in that the Federal Government has engaged a strategy to take over the entire mortgage lending business (among other industries as well), and operate them – which suggests they think they know how; clearly they don't as I detail below. We've now got tiny, nearly insolvent, undermanned, with dangerously outdated technology, in way over-their-head FHA at 40% of the market (instead of the tiny slice they're accustomed to) with delinquency of at least 90 days increasing (up 20 basis points in just the past two months) even as their portfolio increases, Fannie Mae & Freddie Mac controlling the rest, and no secondary/securitization market to speak of (which would propel us out of this mess in a matter of a couple of months once the Government stops stifling its revival). Utilizing the TARP funds as designed would have fixed that in a heartbeat. Today nearly 5% of Fannie Mae Single-Family Loans are 90+ days late and this serious delinquency rate is rising. The government-sponsored enterprise has $2.8 trillion in conventional loans. Prime real-estate-owned filings shot up 15 percent from the second quarter. Plus this serious delinquency rate does not even include loans in private-label securities held by Fannie! Congress is at this time debating re-regulation to EXCLUDE Fannie and Freddie – what a colossal mistake. By providing them with unlimited capital support over the next three years, not fixing them, and on top of that the CEO pay, 10 additional executives at the two companies are eligible collectively for $30.1 million in compensation for this year. And some people say let the Government take care of us! Baloney!! Every single person in the consumer residential real estate mortgage lending community knows a new regulator and/or re-regulation, more statutes, etc. are far from necessary. The current Government administration in Washington DC has somehow still not yet realized aggressive enforcement and harsh punishment is what's required, and has been for some time. They've been severely negligent for sure. They continue to pursue this major Consumer Protection Czar type legislation, when they should get out of the way, and let the mortgage industry rebound and take off like gang-busters as it has always done – the longer they're in the way – the more delayed the turn-around will be. 2010 could be a tremendous year, time for the pendulum to swing back. Nearly 5% of Fannie Mae Single-Family Loans 90+ Days Late The serious delinquency rate of Fannie Mae's single-family loans nearly hit 5% at the end of October and its loan performance is deteriorating at a rate of 100 basis points per four-month period. Fannie reported Tuesday that 4.98% of its conventional single-family loans are 90 days or more past due, up from 3.94% in June. On a month-to-month basis, the serious delinquency rate rose 26 basis points in October. The government-sponsored enterprise has $2.8 trillion in conventional loans. The serious delinquency rate does not include loans in private-label securities held by Fannie. Meanwhile, Fannie issued $40.4 billion in mortgage-backed securities in November, down slightly from October, according to the GSE's monthly activity report. Ginnie Mae issued $35.5 billion in MBS in November and Freddie Mac issued $26 billion. Freddie has started releasing additional information involving loan modifications and refinancing volumes with its monthly activity report. But Fannie has not followed in its sister GSE's path. Fannie could not be reached before deadline to comment on the difference in disclosures. HUD Removes 1% Limit on Most FHA Origination Fees Federal Housing Administration lenders are expected to charge reasonable origination fees but in most cases they will no longer be bound to a 1% limit, according to the Department of Housing and Urban Development. As a result of a new Real Estate Settlement Procedures Act rule, "FHA no longer limits the origination fee to 1% of the mortgage amount for its standard mortgage insurance programs," HUD says in mortgagee letter 2009-53. However, the 1% limit will continue to apply to FHA-insured reverse mortgages and FHA 203(k) purchase/renovation loans. The new RESPA rule that goes into effect Friday (Jan. 1, 2010) mandates the use of a standardized Good Faith Estimate disclosure that bundles all origination charges into a single fee. The GFE does not disclose the lender's origination fee as a single line item. "FHA expects that lenders will continue to charge fair and reasonable fees for all origination services and the agency will continue to monitor to ensure that FHA borrowers are not overcharged," FHA commissioner David Stevens says in the mortgagee letter. OUR NEWS In case you're interested in the history of our company, and how we evolved into a nationally recognized industry learning center, and shortly to be a part of a holding company consortium, check out our Press Releases Right Here! Get his long-experienced perspective and analysis of issues which face our industry during these interesting times; all from our Founder - 'My Perspective' Read Daily Link to the permanent version of our newsletters by Clicking Here and save our online Newsletter Library in your computer's 'favorites' - check out past issues too! Happy New Year! XML Brokers Propose Alternative to YSP Ban Mortgage brokers are urging the Federal Reserve Board to withdraw a proposed rule that would regulate broker compensation and delay any action until Congress finalizes pending consumer protection legislation. The National Association of Mortgage Brokers said the Fed has not met the standard for determining that the payment of yield-spread premiums to brokers is an "unfair and deceptive" practice. "Such a determination should be made, if it is to be made, by Congress, not the board," NAMB says in a comment letter on the Fed's Truth in Lending Act proposal. Under the proposed TILA rule, compensation based on increases in the interest rate or changes to other loan terms would be prohibited. The Fed suggests that loan officers and mortgage brokers could be compensated based on a set percentage of the loan amount. As an alternative, NAMB suggests a mortgage brokerage business could receive secondary market fees and compensate the brokerage's LOs based on a percentage of the loan amount. "NAMB strongly urges the board to explore this proposed alternative ... prior to finalizing any rule," the trade group says. support@americasmoneycenter.com •  AMC Institute (formerly Secret! University)

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