Ability-to-Repay: Regulating or Underwriting? (Magazine Article)

Foxx_(2009.04.02) 

COMMENTARY: by JONATHAN FOXX
Jonathan Foxx, former Chief Compliance Officer of two publicly traded financial institutions, is President and Managing Director of Lenders Compliance Group, the nation’s first full-service, mortgage risk management firm in the country.

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I think you may be interested in reading my article in the June 2011 edition of National Mortgage Professional Magazine, entitled:
 
Ability-to-Repay: Regulating or Underwriting?
 
The article is Part I of a two-part magazine series.
 
As you may know, on May 11, 2011, the Federal Reserve Board (FRB) issued a proposed rule (Rule) to implement ability-to-repay requirements for closed-end residential loans.
 
The Rule implements Section 1411, Section 1412, and part of Section 1414 of the Dodd-Frank Wall Street Reform and Consumer Financial Protection Act of 2010.  Comments on the Rule are to be received by no later than July 22, 2011. 
 
But, having published the proposed Rule, the FRB will soon retire from its involvement in this matter, because it will hand over its rulemaking authority in the subject statute to the Consumer Financial Protection Bureau (CFPB) on July 21, 2011.
 
Thus, the promulgation of the final Rule will be under the aegis of the CFPB.
 
In this article, I explore some of the salient features of this Rule, noting particularly that, as a revision to Regulation Z (the implementing regulation of the Truth in Lending Act), it requires creditors to determine a consumer’s ability to repay a mortgage before making the loan and would also establish minimum mortgage underwriting standards.
 
The Rule applies to any consumer credit transaction secured by a dwelling, except an open-end credit plan,  timeshare plan, reverse mortgage, or temporary loan or ”bridge” loan with a term of 12 months or less. It includes a closed-end home improvement loan on a vacation residence.
 
It appears that the Rule applies to purchase money and refinances, but not modifications of existing mortgages.
 
There is a prohibition on prepayment penalties unless the mortgage is a prime, fixed rate, qualified mortgage, and unless the amount of the prepayment penalty is limited.
 
As a courtesy, I am sharing this magazine article with you. I hope you enjoy reading it!
 
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Mortgages and Housing: Tax Changes to Help, Hedging mREITs, 20% Down DOA?, Delinquent Squatters, Covered Bond Vote, Big 4 = 70%, Altos Mid-Cities, Federal Shadow Housing Inventory, NCUA Sues, State Choice on Writedowns

BillCoppedge_28Nov2010original content selection by MortgageNewsClips.com

GONE UNTIL JULY 6.

Please note: Mortgage News Clips will be mostly inactive June 26 – July 5

I am on vacation with limited / non-existent internet connections.  MNC returns July 6.

Bill Coppedge

 

 seeking-alpha

(read this very interesting) Tax Law Changes That Would Boost Housing and Jobs – Richard Suttmeier – Seeking Alpha

(3 detailed examples) Hedging Mortgage REITs With Options – Todd Johnson – Seeking Alpha

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hw2

(20% Down DOA?) More lawmakers join major push to reduce QRM down payment – by JON PRIOR – … more than 150 lawmakers signed the original letter sent to regulators in May. However, when regulators delayed the comment period to Aug. 1. days before it was to end, organizers had another chance to push for a reduction. Rep. John Campbell (R-Calif.) and Brad Sherman (D-Calif.) circulated another letter to colleagues on June 13 asking for more signatures by June 16. Roughly 240 lawmakers have now signed on, according to sources. … – Housingwire

(Big 4 = 70%) Big four top contenders to replace Fannie, Freddie – by JACOB GAFFNEY – … Moderator Christopher DiAngelo, partner at lawfirm Katten Muchin Rosenman, said Bank of America, Citigroup, JPMorgan Chase, and Wells Fargo hold 70% of the private mortgage origination market. Therefore, they seem the likely option to take market share from the GSEs. … – Housingwire
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irvine-housing

Delinquent mortgage squatters: the legacy of the housing bubble – by Irvine Renter – Delinquent mortgage squatters living in shadow inventory are obtaining the benefits of ownership while paying none of the costs. – .. Most borrowers in default don’t move into a rental and move on with their lives. Those borrowers are intent on gaming the system for as long as possible to obtain the financial benefit of no housing costs. These delinquent mortgage squatters are the legacy of stupid lending in The Great Housing Bubble … – Irvine Housing Blog

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reuters

U.S. House panel to vote on covered bond bill(Reuters) – A U.S. House of Representatives committee on Wednesday plans to vote on a bill aimed at creating a market for covered bonds, an alternative to the mortgage securities at the center of the housing crisis. – hattip John Coleman

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alt1altos

Altos Research Mid-Cities Composite – Jon Stirling – Housing trends in the mid-sized US markets behave differently than housing trends in the major metropolitan areas. … Interestingly, the Mid-Cities Composite shows less volatility than the 20-City Composite over the past three years: … has list of citiesAltos Research

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ft-alphaville

Federal shadow housing inventory is getting bigger – Posted by Tracy Alloway – Federally-backed loans already make up a majority of the mortgages classified as ‘seriously delinquent’ in the US financial system. In other words, there are more soured loans held or backed by the US’s giant GSEs — Fannie Mae and Freddie Mac — plus the Federal Housing Administration (FHA), than those held by banks and in private-label securitisations. But when it comes to Real Estate Owned (REO) property, some reckon the federal share of so-called shadow housing inventory (foreclosed properties) looks set to surpass the private sector’s too.FT.com Aphaville 
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bloomberg

JPMorgan, RBS Sued by Federal Agency Over Mortgage Bonds – By Steven Church – JPMorgan Chase & Co. (JPM) and Royal Bank of Scotland Group Plc (RBS) units were sued by the federal agency that regulates credit unions, seeking to recover money lost on mortgage-backed securities. The National Credit Union Administration Board, or NCUA, accused the institutions of packaging and selling mortgage bonds with loans that didn’t meet underwriting guidelines. The bonds, sold to federally chartered credit unions, caused more than $800 million in losses, according to the agency. – Bloomberg

Bank Foreclosure Deal May Include State Choice on Writedowns, Olens Says – By Andrew Harris and David McLaughlin – States may get to individually choose in a possible nationwide foreclosure settlement with U.S. banks how to use any money, including whether to apply funds toward principal reductions for borrowers, Georgia Attorney General Sam Olens said. – Bloomberg

Internet Lending and Its Rise; Some light industry news

pipeline-press

rob-chrisman-daily

 

note from Rob: [I am on vacation, and my access to e-mail is sporadic and not timely. In my place are daily commentaries from a series of very knowledgeable mortgage industry people with different backgrounds, and they have been given very little direction about what to write about. The second is below. Our views may or may not coincide, but I thank them for their time in volunteering and helping out.]
 
Here is a write up on how potential borrowers use the internet to select a lender, followed by some industry news:

by Owen Raun & Michael Hillman
RMC Vanguard Mortgage    www.rmcv.com

Internet Lending Begins

Just a little over fifteen years ago, with the publication of Statement of Policy 1996-1 in The Federal Register, Nick Retsinas’s HUD determined the direction of the use of the Internet in consumer-direct business sourcing. Up to that point a handful of small, visionary mortgage companies had been attempting to use the web in the same way other industries were by getting "free" advertising on the Internet.  Their model was to go consumer direct, get leads from your site, cut commission splits, take apps, process, deliver, and fulfill in all ways thereby cutting operational costs. It was the Dot.Com promise-and the Dot.Com Bust.
 
CLO

The change implemented by HUD in 1996 was to the interpretation of the anti-kickback provisions of Sections 8a &b of RESPA with regard to what had become known as "CLOs" (Computerized Loan Origination Systems). In going beyond the "qualified CLO" of 1994, HUD opened the door to entrepreneurs who chose, rather than to be mortgage lenders themselves, to be online marketers of consumer-facing mortgage "opportunities" and transparent competitive marketplaces. The key was that these market operators could earn their fees if everyone acted within certain HUD-delineated restrictions: lender-neutral, multi-lender platforms with standardized CLO fees. A really perfect history of this period can be found in the October, 1994 issue of Mortgage Banking in an article by Phil Shulman.
          
Business Model

The Internet can be a place where a mortgage lender can go to disintermediate his advertising agency and media vendors and where he can outsell his salespeople and go direct to the public with his message.  Since 1996 it’s a place where a mortgage lender can still leave the marketing for mortgage customers-both online and offline-to the professionals and buy leads from them under the new CLO rules, hopefully maintaining or building volume while controlling marketing expense and cutting commissions.
          
Early Examples

Two obvious examples of this dichotomy are E-LOAN and LendingTree. Janina Pawlowski and Chris Larsen were Silicon Valley whiz kids who clearly early saw where the Web was going, but they saw it too soon and got caught up in that Dot.Com mind set that told us that "E-Commerce is here! The old world is gone forever!" E-LOAN was such a well crafted solution-why didn’t it work? Because its value proposition was lost in the medium, it was ahead of its time. It tried to attract borrowers with the internet, to the internet, to explain why you should get a mortgage on the internet.

the rest of this writing including: Success on a Big Scale, Lead Gen Grows, Model  Starts to Change, Good/Bad of New Model, and the Future; plus some comments by Rob – click here.

Mortgages and Housing: NY House Prices, Mortgage Assistance, Chinese Housing, 2011 Production Looks Like QRM

BillCoppedge_28Nov2010original content selection by MortgageNewsClips.com

Please note: Mortgage News Clips will be mostly inactive June 27 – July 5

I am on vacation with limited / non-existent internet connections.  MNC returns July 6.

Bill Coppedge 

alto1altos

(2 charts)  New York Metro Housing Prices – by SCOTT SAMBUCCI – “What’s going on in New York?  Got that question about 27 times while I was in the Big Apple last week.  The answer?  Not much.Altos Research  
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mortgage-orb

Home Prices To Fall Further, Fannie Mae Says – BY MORTGAGEORB.COM -   … According to the June economic outlook from Fannie Mae’s Economics & Mortgage Market Analysis Group, elevated inventories continue to put downward pressure on home prices, which will likely decline through the third quarter before flattening out at the end of the year. … "Ultimately, the labor market holds the key to a housing recovery, but job growth is needed in order to activate housing demand," says Fannie Mae’s chief economist, Doug Duncan …

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hw2

Prime mortgages originated in 2011 mirror proposed QRM: DBRS – by CHRISTINE RICCIARDI – Housingwire

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hw2  +  zerohedge

(how much will be paid back?) HUD releases unemployment mortgage assistance to 27 states – by JON PRIOR – The Department of Housing and Urban Development launched a long-awaited program to provide interest-free loans to help unemployed borrowers in 27 states with their mortgage payments. – Housingwire

Presenting Obama’s Latest $50,000 Non-Recourse, Interest-Free Gift To "Troubled" Homeowners – Submitted by Tyler Durden – Today the Obama administration launched its latest $1 billion "stimulus" in the form of the Emergency Homeowner’s Loan Program (EHLP), certainly not to be confused with Homeowner Emergency something something, which would be abbreviated HELP (and would be way too cute). – Zero Hedge

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mg-bi

About Those 65 Million Vacant Homes In China… – Gus Lubin – …  A new survey, however, says that number is bogus. CLSA talked to 200 developers in 54 cities across China. There are only 16.6 million vacant homes in China, according to this new survey. 16.6 million vacant homes isn’t all that scary in a population of 1.3 billion.Money Game at Business Insider

Economic in Nature: Deleveraging, Gas Price Chart, 2 From PIMCO, Fed and Recession, Russia Continues to Sell US Treasuries

BillCoppedge_28Nov2010original content selection by MortgageNewsClips.com

Please note: Mortgage News Clips will be mostly inactive June 27 – July 5

I am on vacation with limited / non-existent internet connections.  MNC returns July 6.

Bill Coppedge

mg1mg-bi

CHART OF THE DAY: The Single Reason This "Recovery" Isn’t Like Any Other – Joe Weisenthal – … To put it another way: Households are saddled with so much debt from the boom, that even with all the wrenching pain of the bust, they still have a lot of debt to cut. …  in past recessions, debt intake never bothered to slowdown. Even in the worst ones, leveraging up continued. Now? flat. And perhaps worrisome is that it hasn’t gone down more, since that just means the pain drags out longer … – Money Game at Business insider 

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ds1dshort

Weekly Gasoline Update: More Relief at the Pump – Doug Short – Here is my weekly gasoline chart update from Department of Energy data with an overlay of West Texas Crude (WTIC). Gasoline at the pump declined for the fifth consecutive week. Year-to-date, the average price-per-gallon for is up 60 cents and premium 61 cents, off 31 and 30 cents, respectively, from their interim highs of last month. – dShort.com

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pimco

Game Change for Bond Investors? – Scott A. Mather – PIMCO Secular Outlook
​1.  Over the next three to five years, we argue that market behavior may be vastly different than what typical cyclical models would predict.
2.  Sovereign debt, which is at the core of our global financial system, is undergoing a seismic shift.
3.  Governments practicing financial repression may be transferring wealth from creditors (citizens) to debtors (governments) to the detriment of creditors, fixed income investors and savers.

School Daze, School Daze, Good Old Golden Rule Days – By Bill GrossPIMCO Investment Outlook – Key Points:
1.  The U.S. is untrained, underinvested and overindebted relative to our global competitors.
2.  The past several decades have witnessed an erosion of our manufacturing base in exchange for a reliance on wealth creation via financial assets.
3.  Fiscal balance alone will not likely produce 20 million jobs over the next decade. Government must take a leading role in job creation.
4.  A growing number of skeptics wonder whether college is worth the time or the cost.
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fiscal-times

How the Fed Could Set Off a New Recession – By MARK THOMA, The Fiscal Times

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zerohedge

After Dumping 30% Of Its Treasury Holdings In Half A Year, Russia Warns It Will Continue Selling US Debt – Submitted by Tyler Durden – Just in time for the end of QE2, when the US needs every possible foreign buyer of US debt to step up to the plate, we get confirmation that yet another major foreign central bank has decided to not only not add to its US debt holdings, but to actively sell US Treasurys. – Zero Hedge

Guest post: Communication in the mortgage industry; FAMC’s MI underwriting news

 

pipeline-press

rob-chrisman-daily

 

[I am on vacation, and my access to e-mail is sporadic and not timely. In my place are daily commentaries from a series of very knowledgeable mortgage industry people with different backgrounds, and they have been given very little direction about what to write about. The first is below. Our views may or may not coincide, but I thank them for their time in volunteering and helping out.]  – Rob
 
I would ask that those of you with me in the mortgage industry, to help to get the truth and real situation in the mortgage industry today, out to the public as best we can. Speak out in every format. We won’t truly fix the mortgage industry until the general public perceives a crisis to them and that its way beyond a problem just for people that shouldn’t have got a loan in the first place or Big Banks/Wall Street. Normal people and society are being harmed.
 
We can respond to newspaper articles in our local area or blog comments, explaining unintended consequences in layman’s terms. We can comment on all Federal proposals or Rules with reality and stand up for what’s right. Share any comments you make with your database of customer and referral sources with links. Yes, you will get negative responses, sometimes personally. Sometimes they will easily find you directly. Some comments could upset your referral sources that could perceive you as being negative though not the true professionals. Still it needs to be done. Not just for your personal career/income or the mortgage industry, but for the country’s economic wellbeing. If we who understand the real issues and the nuances don’t speak out for what’s right, who can? Don’t wait for MBA or other trade groups to put out their responses, respond personally now & often.
 
We have fundamental problems now (and coming) that are going to harm normal people. Harm society much greater than the financial crisis has to date, and the average person doesn’t know it yet. Worse, the media and conventional wisdom is causing the harm to spiral on itself by feeding myths about fixes. The continuing mortgage industry woes with new negative media releases about foreclosures and MERS, doesn’t help. Consumer Group’s wish hit lists to change mortgage regulation that they’ve tried to get passed for decades, are getting passed and more. The Congress and States are racing to see who can pass more regulation to "fix" the mortgage industry before the items passed a year earlier even take effect. No one knows the consequences of this "risk layering" of new regulations at this pace. Frank-Dodd Act & the Consumer Financial Protection Bureau are the opposite of helping consumers, and we know it. Financial regulation is in the details and very hard for legislators to understand or get close to seeing unintended consequences coming. It is a perfect storm and I don’t want to sink.
 
Below I put forth some of my opinions on the problems today. You may agree with some of what I write, or all, but get the message out in your way with your perceptions. I realize few in media or government want to listen to mortgage industry’s warnings as the "they caused this mess in the first place" attitude is widespread. We can succeed getting the message out by getting it directly to the public ourselves.
 
Jobs, Housing Values, Mortgages, Financial System overall, are deeply connected. Jobs won’t come back until the financial crisis is perceived to be over. All lending has tightened, not just mortgages. The public perception on how mortgage loans are done needs to be changed though. Today we are not losing the media labeled "bad loans" of stated income, 100% LTV, bad credit 80/20 ARMs, we are losing loans most would consider easy to get loans for normal people. Sub-Prime has been gone for four years so it’s time to quit blaming it for today’s problems. We know how the difficulty of even getting the above average consumer a mortgage today has accelerated the last few years.
 
The tightening of FNMA/Freddie/HUD the last two years has caused the housing value drops the last two years. Look how tight investor loans have got. We may call them "guidelines" but who has seen many underwriters do any exception lately? Appraisals are a nightmare these days. How about needing an excel spreadsheet to try and track all the different MI restrictions for score, DTI, LTV, etc. Investor overlays, need I say more. Throw in seller flips, continuity of obligation, new reserve requirements and right or wrong, credit has tightened on "normal" loans substantially just the last two years.
 
Securitization with FNMA was the reform and savior of the 1930’s in mortgage lending. Before FNMA, money would dry up in an area and housing values would collapse and then the banks that made the mortgage loans locally went next. FNMA was created to fix this by stabilizing the availability of funds nationally. Getting rid of FNMA that operated for 70+ years because of a problem in their behavior ’03-’07 is bizarre. Just don’t let politicians push home ownership by letting FNMA buy Sub-Prime loans again like they did from New Century and others during this period. If FNMA hadn’t funded these loans, they wouldn’t have been originated. The taxpayer wouldn’t be on the hook for FNMA’s losses. Also the fact FNMA bought these Sub-Prime "MBS" let others think they must be safe and the spigot opened wide on Wall Street with a multiplying effect. FNMA should only buy qualified loans that meet traditional FNMA conventional guidelines.
 
MERS is a good thing for consumers but it is branded because of the foreclosure crisis. It continues the negative perception of the industry and the need to continue to "fix it". Many in society think stopping foreclosures with technical legal maneuvers is a great victory over the villainous mortgage lenders, society will find it is a pyrrhic one. Now mortgage lenders not only have to worry about business risk of their borrower paying back the loan, but also political risk with courts/legislators not allowing them to foreclose on borrowers 1.75+ years behind on their payments. Yes, the mortgage lenders should have done the paperwork a little more carefully when they foreclose, but does that justify letting borrowers stay in their homes for free more than two years? Or declare the mortgage paid? I think the majority of society, especially those still paying their mortgages even with reduced family income in these times, would think it immoral to not foreclose these borrowers almost 2 years behind in payments. In Oregon, mortgage lenders can foreclose in 120 days.  Giving someone almost two years should be enough time to try modifying or working out something with the lender. When is enough, enough? If the Judges starting to rule against MERS nationally are right in society’s eyes, then we have a huge moral hazard again and a potential financial system collapse just from this one issue.
 
Even the administration has seen what a mess HAMP has been, but from an opposite to reality perspective. "9 million will be helped", not. They still push for principal reductions with playing the public with the myth "Banks got a bailout, pass it down." without seeing the huge moral hazard this creates. And the press wonders why the financial institutions are holding on to cash? Get real. If banks have to give principal reductions en masse, there isn’t enough dollars in the banking system to cover the losses as they accelerate and everyone goes all in. House values will plummet.
 
Senator Merkley added in the pay cuts to loan officers to the Frank-Dodd Act. Of course they didn’t actually "cut" or "limit" loan officers pay, they just did as government always does and write the law in such a way so that was the desired effect. In restricts lending further as well. What is this but revenge or punishment from legislator’s perceptions? How is it not un-Constitutional with a 5th Amendment violation of ". . . nor be deprived of life, liberty, or property, without due process of law; . . ."? Who’s next that isn’t screaming on our behalf?
 
These are not all the issues, nor all the details. Many benefited from the bad loans made 03-07 and many are in great pain from foreclosures to lost jobs/indictments to closed companies. There is plenty of blame to go around to all parties from borrowers to Realtors to Loan Officers to Lenders to Wall Street to Rating Agencies to Congress to the last three Presidents. We need to fix it but let’s not let the "fix" destroy the system.
 
Please spread the word every chance you can.
 
Two quotes:
 
James Madison: "In another point of view, great injury results from an unstable government. The want of confidence in the public councils damps every useful undertaking, the success and profit of which may depend on a continuance of existing arrangements. What prudent merchant will hazard his fortunes in any new branch of commerce when he knows not but that his plans may be rendered unlawful before they can be executed? What farmer or manufacturer will lay himself out for the encouragement given to any particular cultivation or establishment, when he can have no assurance that his preparatory labors and advances will not render him a victim to an inconstant government? In a word, no great improvement or laudable enterprise can go forward which requires the auspices of a steady system of national policy."
 
Ronald Reagan: "There are no easy answers’ but there are simple answers. We must have the courage to do what we know is morally right."

Steve Emory
Sr. Mortgage Banker
Chairman Ethics Committee ’99-’03, Oregon Association of Mortgage Professionals
Distinguished Service Award ’02, Presidents Choice Award ’99
Mortgage Loans since 1989

Northwest Mortgage Group, Inc.
Portland, OR  97223
(503)-452-0001   semory@nwmortgagegroup.com

Editor’s note:
 
Two weeks ago Wells Fargo’s correspondent channel, after a look at how the conflicting S.A.F.E. Act & Dodd Frank regulations apply to MI, took that stance that starting July 5, "Wells Fargo will no longer purchase mortgage Loans that have been credit underwritten by a mortgage insurance company contract underwriter on Wells Fargo’s behalf, or on behalf of a Correspondent’s delegated underwriting authority."
 
Earlier this week Franklin American (FAMC) told clients that "is discontinuing acceptance of contract underwriting decisions by the mortgage insurance companies. Closed loans with underwriting approvals provided by these MI contract underwriters must be received by FAMC no later than July 15, 2011 and must be purchased by FAMC no later than July 22, 2011. Please note that conventional loans may be submitted to FAMC for underwriting.

you can also read this at http://www.mortgagenewsdaily.com/channels/pipelinepress/default.aspx

Are Consumers Making Better Mortgage Selections Today? – by Jack Guttentag

jack-guttentag1mortgage-professor

 

"Are consumers making better decisions about the kinds of mortgages they select than they did before the financial crisis?"

The mortgages being written today are certainly better matched to the needs and payment capacity of borrowers than they were before the crisis. The major reason, however, is not better decision-making by consumers but elimination of the toxic mortgages that led so many consumers astray. The option ARM, which allowed borrowers to make payments in the early years that did not cover the interest while exposing them to the risk of sizeable payment increases in the future, are no longer being offered. It’s somewhat less-dangerous cousin, the interest-only mortgage, is still around but priced so high that few borrowers select it.

Another reason the quality of mortgage decisions has improved is that the sub-prime and alt-A markets, which had channeled loans to consumers with the weakest qualifications for home ownership, are both gone. The average mortgage borrower today is much better qualified than before the crisis because the less-qualified borrowers are not being approved.

However, better decisions resulting from a curtailment of options and tighter eligibility requirements are not an unsullied blessing. The option ARM had some legitimate uses, and these have been lost along with the abuses. Worse, more stringent qualification requirements have over-shot the mark and some very well-qualified consumers, including large numbers of the self-employed, are unable to borrow.

Given the available options, consumer decision-making today is no better than it was because the factors that lead to bad decisions have not changed.

Borrower Ignorance

Mortgages tend to be complicated, and consumers are exposed to them only once or a few times during a lifetime. They have no opportunity to enhance their knowledge through trial and error, which is largely how they learn about other products. While some potential mortgage borrowers, recognizing the importance of the decision, will put in the time required to become knowledgeable, most prefer to depend largely on the advice of others.

Poor Advice

In selecting a mortgage, most borrowers get their advice from their loan provider (LP) — a loan officer or mortgage broker. In the worst case, which was fairly common before the financial crisis, some LPs steered borrowers to the products on which the LP made a larger commission. Under regulations issued this year, such steering is against the law.

Eliminating biased advice does not generate good advice, however. Most LPs remain transaction-oriented, meaning that they are looking to get the deal done rather than to establish a relationship with the client. They earn no more if the borrower selects the right type of mortgage than if they select the wrong type. What matters is that the borrower is satisfied with the LP’s advice and the loan closes.

The advice given by LPs is only as good as their capacity to provide it, and while there are some good ones, they are the exception. LPs are not selected for their pedagogical skills, they are not trained for it, and they are not rewarded for it.

Poor Disclosures

One of the alleged purposes of mandatory disclosures is to help borrowers compare different types of mortgages. The cornerstone of such efforts is the annual percentage rate or APR, which is supposed to be an objective measure of mortgage cost that allows borrowers to make unbiased comparisons. The trouble is that it does this only in a very restrictive set of circumstances, which regulators have never spelled out.

Because the APR is calculated over the full term of a mortgage, it is misleading if used in selecting the mortgage type by borrowers who expect that they will sell their house or refinance the mortgage within a relatively short period. For the same reason, it leads borrowers astray who are comparing different combinations of interest rate and points on a given type of mortgage.

Perhaps it is fortunate that because most borrowers don’t understand the APR, few try to use it.

In next week’s article, I suggest that many borrowers in today’s market are making a mistake in selecting a fixed-rate mortgage over an adjustable rate mortgage (ARM).

Jack M. Guttentag, now Professor of Finance Emeritus, formerly Jacob Safra Professor of International Banking, at the Wharton School of the University of Pennsylvania. Earlier he was Chief of the Domestic Research Division of the Federal Reserve Bank of New York, on the senior staff of the National Bureau of Economic Research, and managing editor of both the Journal of Finance (1974-77) and the Housing Finance Review (1983-89).

Mortgages and Housing: QRM Go Too Far?, Servicing Amendment, BofA HE Losses, Zombie Notes, More Wells Leaving Reverse, Servicing Litigation, Continued Government Mortgage Intervention, Early Payoff

BillCoppedge_28Nov2010original content selection by MortgageNewsClips.com

 

us-news-money

Defining a Safe Mortgage: Has It Gone Too Far? – By MEG HANDLEY – How the “qualified residential mortgage” could change home buying as we know it US News Money
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ds-news

Bankers Advocate Opposition of Mortgage Servicing Amendment – BY: CARRIE BAY – The (ABA) has sent a letter to key lawmakers in the Senate, urging them to reject foreclosure legislation proposed by Sens. Jeff Merkley (D-Oregon) and Olympia Snowe (R-Maine) – … It also requires an independent, third-party case review prior to foreclosure. This last point is a major sticking point for the bankers group. … (ABA) says, “The Merkley/Snowe provision would further destabilize the mortgage and housing markets by suspending legitimate foreclosures already in process imposing new requirements on existing loan terms, and increasing costs for all homeowners as lenders factor in costs imposed by the new requirements. … – DS News

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charlotte-observer

Home-equity loans bring major losses for Bank of America – By Rick Rothacker – Second mortgages, encouraged amid the housing boom, total $18.5 billion in losses since 2008, a report says. … Out of $10.5trillion in home mortgage debt outstanding as of March 31, about $925billion was in the form of home-equity loans and lines of credit, according to Federal Reserve data. About three-quarters of those second mortgages were held by commercial banks such as Bank of America, Wells Fargo and JPMorgan Chase. … – Charlotte Observer

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news-press

‘Zombie notes’ live to haunt deed transfers – Thousands affected by Fannie Mae tactics – DICK HOGAN – …. If Cruz deeded the modest Fort Myers investment house back to Fannie Mae, the government-backed company would release him from the loan’s $123,750 note: the obligation underlying his mortgage. He deeded the house back to Fannie Mae, but court records show he didn’t get what he bargained for. Now, experts say, he and thousands of others in Florida who took the same deal from Fannie are at risk of being stalked by a so-called "zombie note:" debt that appears dead and gone but still can come back to life … – News-Press.com
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rmdlogo

Leaked Wells Fargo Email Provides More Info on Reverse Mortgage Exit – by John Yedinak – … an email confirmed a rumor that had been spreading throughout the day. An email obtained by American Banker shows that Phil Bracken, an executive vice president of Wells Fargo Home Mortgage, was worried that the Department of Housing and Urban Development would force it to foreclose on senior citizens with delinquent reverse mortgages insured by the Federal Housing Administration. . – Reverse Mortgage Daily

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prnewswire

Mortgage Servicer Litigation ExplodesPRNewswire – Mortgage servicing litigation increased 88 percent during the first quarter, according to the latest Mortgage Litigation Index from MortgageDaily.com. However, investor-related litigation activity eased, fewer loan modification actions were tracked and the overall level of mortgage-related litigation held steady. There were 151 mortgage-related lawsuits tracked in the First Quarter 2011 Mortgage Litigation Index. No change occurred from the prior quarter’s index, while activity eased from the same time last year.
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wsj-outlook

Government Stays Glued to Mortgage Market – By NICK TIMIRAOS – A weak start to the spring housing season, which could be underscored later this week by reports on sales of new and previously owned homes, is raising the prospect that the U.S. government will dominate the mortgage market for a long time. The fragile housing market is complicating Washington’s stated goal of dialing back its support after it has reduced stakes in the financial-services and auto industries. The slide in home prices in turn is weighing on the economic recovery, and it threatens to hamper a bipartisan push to unwind the emergency support policymakers enacted three years ago. – WSJ The Outlook

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nyt

Paying Off Your Mortgage Early – By MARYANN HAGGERTY – JUST because you own a home doesn’t mean you have to keep carrying a mortgage — about a third of American homeowners don’t, according to the Federal Reserve. Assuming you have the cash — perhaps in a savings account or certificate of deposit earning less than 1 percent interest — should you pay off your mortgage early? It’s a question that has both financial and psychological components. – NY Times

Economy, Markets, and Fed: Recession, QE2 Ends, US Treasury Curve, Retaining Older workers, US Following Japan?

BillCoppedge_28Nov2010original content selection by MortgageNewsClips.com

 

forbes

(great read) Goodbye Recovery, Hello Recession – posted by MARK SUNSHINE – … I am an economist and business person and I see an economic mountain looming in front of the U.S.  I only wish I could explain why Washington insists on flying straight into the mountain rather than pulling up. Washington politicians are pointing the U.S. economy straight into a liquidity trap and instead of a bright economic future, the U.S. is looking at years of high unemployment, weak GDP growth and the possibility of widespread deflation. (further discusses money multiplier and velocity, and shows that this is man made and does not have to be the case) – Forbes

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economic-times-india  +  npr

What will happen after QE2 ends in US? – VIKAS AGARWAL – The Economic Times (India)

Fed Stimulus Ends Soon; Do We Still Need It? – by JIM ZARROLI – NPR

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ds1dshort

(2yr rallies; 10yr hit) Treasury Yield Snapshop – By Doug Short – … The behavior of Treasuries is an area of special interest in light of the Fed’s second round of quantitative easing, which was formally announced on November 3rd. The first chart shows the percent change for a basket of eight Treasuries since November 4th. … – dShort.com

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detroit-news

Employers spruce up benefits to retain older workers – Margaret Collins/ Bloomberg News – …  About 94 percent of employers said they think it’s important to keep older workers because the companies need their skills, said a study released at the Charlotte, N.C.-based bank. Employers are offering customized schedules, education on retirement and health care, and the ability to work from home, according to the study, which is based on interviews with 650 company executives and benefit administrators from April 19-23. The businesses surveyed had from $5 million to $2 billion in revenue last year and at least 100 employees. – Detroit News 

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bloomberg-businessweek

(US following Japan?) Banks Have Record $1.45 Trillion to Buy Bonds on Savings – By Masaki Kondo, Yoshiaki Nohara and Saburo Funabiki – Bloomberg Businessweek