LO Comp & The CFPB; FHA & Seller Contributions; Redwood Trust, ewarehouse Chatter

What is
more fun to talk about, the latest CFPB power grab, an investor changing its
appraisal review process, or the 42-state Mega Millions lottery? Apparently the
previous $360 million wasn’t enough to grab nationwide attention – but now we’re
at a record $500 million. The Federal, state, and local governments are all
licking their chops, as is everyone who bought a ticket not knowing that a lottery is a tax on people who don’t know
. Expected winnings have actually decreased since the last play (when
no one won) due to the sheer number of people that are now entered, and the
odds of winning the grand prize are less than 175 million to 1. Folks should
know which of the 56 balls have come up most often (11, 14, 18, 33 & 48), what
numbers are most often played (numbers less than 30 due to birthdays), and so
forth if they want an edge.

What is
election uncertainty“?
Election uncertainty is the buzz-term that economists around the world are
talking about. If you take the world’s GDP, and which countries make up the
lion’s share of that gross domestic product total, you’ll find that the
majority of them have elections this year and next. And these elections,
whether they’re in France, Egypt, Iceland, Japan, Palau, or the United States,
can easily move markets. So no matter how exciting the NCAA men’s games are
tomorrow, be sure to blurt out, “This isn’t half as interesting as election

“No Way!” says the FHA.
Well, at least “Unlikely!” Straight from the horse’s mouth…

Bailout or
not, there are indeed things going on, or that might go on, with the FHA
program that are causing concern. For example, the proposed reduction in seller contributions. When a seller
sells, they can’t always afford to pay a Realtor and throw 6 points at the
deal. Banks and homebuilders can, and do, pay those points, but with a cap,
that can’t happen anymore. It will level the field a bit for private sellers of
homes versus say homebuilders or banks (read more HERE).  And yesterday the commentary mentioned the new
collection policy
. Any lender with a portion of its business in the sub 660
FICO region is quick to point out that this change targets the traditional
“low to moderate income” borrowers.  How much of the borrower
population will be impacted is anyone’s guess, but of greater concern/question
is, “Have economics caused the FHA’s
mission to change, and by how much?”

Yesterday the commentary mentioned, “Over at Freddie Mac, it has expanded
its policy on HASP Open Access such that HVEs are now permitted for one or
two-unit properties only and must not be more than 120 days old at the Note
date.  HVE values are calculated by the initial LP Feedback Certificate,
and subsequent HVE values will have to be determined, if it has expired, by
running the property through CoreLogic, or, if it hasn’t expired, by pulling an
additional HVE using CoreLogic.” I received this clarification: “For Freddie, lenders are not limited to
.  They can obtain HVE valuations for free through LP or our
look-up tool.  But, in addition to CoreLogic, they can also obtain HVE
values (for the first time or to replace an expired valuation) through CBC
Innovis, Equifax, Dataquick, and LPS.” Thank you very much.

With the
industry seeming to pin its non-agency hopes, for better or worse, on Redwood Trust, which lost its CFO several
months ago, another CFO wrote yesterday, “It is good to see another deal
put out by Redwood. But it might be useful if you raised a red flag regarding
their taxable income versus their dividends. Specifically http://www.redwoodtrust.com/, Investor
Information, Redwood Review, Page 4 of the last report. Compare taxable income
to dividends…over 9 quarters they are down a total of ($0.53) per share for
taxable income but paid dividends of $2.25. If one multiplies $2.25 by 78
million shares you find $175 million of capital returned to shareholders on top
of the reported losses. One can’t help but wonder if this is a sustainable business model. Given so
much weight and attention are given to their deals, shining a light on this
appears to be relevant.” (On Page 8 management notes, “We believe we
can generate the capital needed for the vast majority of these new investments
and dividends through cash from operations, principal payments from our
investments, asset sales, and obtaining debt ļ¬nancing on our commercial

The Consumer Financial Protection
Bureau plans on taking a close look at the Federal Reserve’s controversial loan
officer compensation rule and will issue a new proposal “soon.”
CFPB acting assistant director Peter
Carroll recently stated that the agency is particularly interested in transactions
where the consumer pays discount points and “how that affects
creditor-paid transactions,” he said. As we know all too well, the Fed rule
prohibits dual compensation and restricts LOs at mortgage brokerage firms from
being compensated by the consumer and the wholesale lender in the same
transaction, and bans LOs from making less money on a deal and passing that
savings onto the borrower. The Dodd-Frank Act transferred the Fed’s
jurisdiction for the LO compensation rule to the new consumer bureau in July
2011. “We are re-visiting some of the issues around that rulemaking as
well as other items that were given to us in the Dodd-Frank Act,” Carroll
said. Carroll heads the CFPB’s “Office of
Mortgage Markets” which monitors the residential finance industry
. His
group is responsible for how rules impact both consumers and lenders, per reporter
Brian Collins. It is interesting, if this indeed came from the CFPB since there
is open disagreement about its exact role, how to accomplish it, where to draw
the lines, and how to examine for it.

I can’t
ignore the clamoring about ewarehouse
– comments are really testing the “Any publicity is good publicity” motto. I
received this note from the owner of a mortgage bank in the western U.S.: “I
also suspect ewarehouse is a scam. The rep who came to visit us is someone we
have known for many years. We stroked a $1,000 check. Oh well. They came back
to us with a massive list of requests. We had decided to give them nothing
until they were able to give us some references. Their response was that at
this time all their clients who are actually funding are on the East Coast. We
said, “Fine. Who are they?” – Stone silence. I checked on who owns
the ewarehouseone web site, and tried to find any affiliations. It is
impossible. Something about the site and its ownership is not passing the ‘smell

also continue about Fannie & Freddie doing principle reductions, especially
with the comments from Treasury Secretary Geithner this week. But what the
proponents of principal reductions at Fannie and Freddie don’t talk about is
what a transfer of wealth from taxpayers (again) to large banks such a program
would represent. As of last September, only 2.5% of Fannie and Freddie
mortgages were seriously delinquent, versus about 7% for banks’ mortgages. But Fannie
and Freddie write-downs are an easy thing to suggest, even though they would
constitute a direct and sizable gift from taxpayers to the largest banks.

As any LO
who has been around for a while will tell you, many banks hold second liens on
the same properties for which Fannie and Freddie either own the first mortgage
or have guaranteed. If principal amounts
on these first mortgages are reduced while leaving the second liens intact,
those seconds become much more likely to be paid off over time
. With no
principal reduction, the banks would have to write off many of those second
liens. As such, principal write-downs would help our banks – which is a whole ‘nother

all of this, at least mortgage rates remain relatively stable. Yes, they’ve
gone up some, but have come back down a little. Although Europe has been quiet
for many weeks, if the issues there begin to increase look for another flight
to safety in our market, which tends to push rates down. Greece may have to
restructure their debt again. On top of that, Portuguese yields have reversed
their recent tightening – the WSJ suggests their day of reckoning is coming.

Today is
week-end, month-end, quarter-end, and Japan begins a new fiscal year on Monday.
After a relatively quiet overnight, and this morning’s Personal Income (+.2%)
and Personal Consumption (+.8%), we find
the 10-yr down to 2.15% and MBS prices pretty much unchanged
. Recently
mortgage prices have done very well, given the pick-up in supply (which could
be reflected in next week’s MBA numbers). Will the Fed do QE3? Will Asia Buy
once quarter end is over? Will Louisville beat Kentucky? “Would you come
back to work if you won Mega Millions?”

An elderly man in Florida had owned a large farm for several years. He had a
large pond in the back, fixed up nicely: picnic tables, horseshoe courts, a
volleyball court, and some apple and peach trees. The pond was properly shaped
and fixed up for swimming.
One evening the old farmer decided to go down to the pond and look it over, as
he hadn’t been there in a while. He grabbed a five-gallon bucket to bring back
some fruit. As he neared the pond, he heard voices shouting and laughing. As he
came closer, he saw it was a bunch of young women skinny-dipping in his pond.
He made the women aware of his presence and they all went to the deep end.
One of the women shouted to him, “We’re not coming out until you
The old man frowned, “I didn’t come down here to watch you ladies swim
naked or make you get out of the pond naked.”
Holding the bucket up he said, “I’m here to feed the alligator.”
Old men can still think fast. 

…(read more)

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