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June 21: HUD training; more reader comments; SEC & counter-party risk; Fed & TILA; PNC to become 5th largest bank?

By
Mortgage and Lending with Global Home Finance Inc. NMLS ID:316441 NMLS ID:184176

June 21: HUD training; more reader comments; SEC & counter-party risk; Fed & TILA; PNC to become 5th largest bank?

 

 

 

Today we have, in the Northern Hemisphere, 5 hours and 14 minutes more

daylight

than the winter solstice six months ago. For the most part it is something

everyone

north of the equator can be happy about, unless you're on the west coast

working

 New York bond market hours and going to bed 2 hours before the sun sets.

"A bus station is where a bus stops. A train station is where a train stops.

On

my desk, I have a work station." (But somehow the work goes on. For the next

twelve

business days, however, my access to e-mail will be sporadic, my ability to

send

 out commentaries will be diminished, and I will be six hours ahead of New

York

in time zones. I have twelve knowledgeable "guest writers" of varying

mortgage backgrounds

who will be taking my place every day. So not only will you receive a

vacation from

my usual blather, but will receive a different take on the industry from

different

perspectives: production staff, compliance, risk management, and so forth. I

am

looking forward to being away for a bit on my bicycle, may or may not answer

e-mails,

and I hope that this all works out.)

Somehow a 22-year old buying a 57,000 square foot mansion is wrong. Maybe

not -

I just wish I'd returned her numerous phone calls to me over the last few

years...

IsThereRoomForMe?

[http://r20.rs6.net/tn.jsp?llr=zy6u9cdab&et=1106139129401&s=8721&e=001vXHfni

9V2RamRc86XKXz4giaTem-vdd5gPq8SQgFzcLUCVcZSYgzSokKWlPQizls4LNHxEayWlsAajnFK8

V9RJwVYb9e84Kyt_LkD7jlsMwCC1j0BRXE7ZcLTC8VdXpAM9RMRqf0ptQVGibdMkG1m1GQeGT5k5

FNuq3knVZ_s6gLVOJlzdwPQyhsaX0iN55dKydrVXSQuAg9VKVMGVkGthDsb_HuVQ76cKcz4IEz-S

O-EpfIr-Pn5Ek4y7API-57pxLIcCgcepwvKYYbhAtece3sxghGOKAcGoVEIRu2CnY=]

Anyone who remembers companies like Drexel Burnham, and knowing how

important it

 is to assess counter-party risk, should note that the SEC is "on the case."

(DLJ

doesn't count - they were bought out by Credit Suisse about 10 years ago.)

Last

week the SEC issued proposed amendments to Rule 17a-5 in order to enhance

the auditing

and oversight of broker-dealers. The amendments would require them to file

new annual

reports on their compliance with rules relating to net capital and customer

protection,

and to file reports of their independent auditors regarding compliance with

those

rules and the internal control over such compliance. Comments on the

proposed amendments

are due within 60 days of publication in the Federal Register, and for a

list of

 the proposed amendments go to CounterPartyRisk

[http://r20.rs6.net/tn.jsp?llr=zy6u9cdab&et=1106139129401&s=8721&e=001vXHfni

9V2RYTs8cahf1MGC62WVRKUfB0oYBA4lUCWIFAEJBtzBqIjEw42nCfG9FEWwLgcRXPrQO1IjfquI

k4iI4vlgIMd0U0yefit4UtOX_kVdV_8lOEUt21Mpfdw4Y4KMNAxYMJnhYkxA1-TbHqV7VUCoSMfS

Z6].

Some people's eyes glaze over when information is released like, "Federal

Reserve

Publishes Its Annual Adjustment to TILA and HOEPA Fee Based Triggers."

Others find

talk like, "Pursuant to TILA and Regulation Z, creditors must comply with

HOEPA's

requirements if the total points and fees payable by the consumer at or

before loan

consummation exceed the greater of $400 or 8 percent of the total loan

amount. TILA

and Regulation Z also require the $400 figure to be adjusted annually by

using the

Consumer Price Index as reported on June 1 of the preceding year" very

interesting.

Those are a) the folks we want in compliance departments, and b) folks that

should

peruse FederalReserve

[http://r20.rs6.net/tn.jsp?llr=zy6u9cdab&et=1106139129401&s=8721&e=001vXHfni

9V2Rak3wYF9aaItPa2fVPnRTPKJJE3eBYdjd3Pu16hjTRmgg3bVSDnZ6OGwsznzBel0bDiSLsdqs

WSBwWd_vKFT9H57H0ZrCMUSPCIYiaiYZN9LhBpXeLU0X2tCI-jocTdi48ekfEoaTwWxLS7f7b9VY

fxNhm1lkwfojZxNZdwQEZ7Cw==].

 

Last week it was Capital One and ING, this week it is PNC Financial Services

Group

offering to buy the U.S. retail operations of Royal Bank of Canada for $3.45

billion,

making it the fifth biggest among U.S. banks. PNC said that the transaction

will

 bring its total to 2,870 branches. RBC Bank (USA), based in Raleigh, N.C.,

has

424 branches and about $25 billion of assets. PNC has also agreed to buy

certain

 credit card assets of RBC Bank, (Georgia) National Association. RBC says

that it

will receive $165 million for the credit card assets.

A title company lawsuit is heading to the Supreme Court: a case against

First American

Title holding a minority interest in title insurance agencies that sell

First American

title policies. Denise Edwards sued First American Title, claiming an

illegal kickback

plan. Denise Edwards claimed First American violated provisions of the Real

Estate

Settlement Procedures Act of 1974 by buying a minority interest in title

agencies

and establishing an exclusive agency agreement with those agencies to sell

First

 American's title insurance policies, and that these agreements were

exclusive in

nature and not in compliance with guidelines established under the

anti-kickback

 provisions of RESPA.

 

Noteworthy reader comments continue: "I think I have to disagree with the

first

writer who said that 'stringent lending requirements,' are the old/new

normal. Hmmm.

Ok I recently sent in a full doc loan. Conditions included prove A&P is the

Atlantic

and Pacific Tea Company. This isn't the first one like this. I have numerous

brokers

calling me asking who will do a loan. Even with everyone delivering agency

product

it seems we are finally seeing some variations in the lending practices.

But, and

it's a big but, until we get movement in the MBS markets expect to see

continued

 restraint. No one wants to have a buyback. And with the various bills being

considered,

the fact that anyone on the Hill still believes the regulators and rule

makers are

acting in the interest of the country and not a select few companies is

evidence

 of a lack of understanding of what is transpiring." (Speaking of the

residential

MBS market, and securitizing loans, check out STRATMOR

[http://r20.rs6.net/tn.jsp?llr=zy6u9cdab&et=1106139129401&s=8721&e=001vXHfni

9V2Ram54gh3lHnoua2hN6FAWxniwKJXikzsrhTDmoiehg61gX45owKje7fV-52L8WDxZJ2qSztCS

sH8SNI_utaDaU7M6lTbG0ZQkwniDSMqCmHfg==]

for an article about the near-term news on non-agency securitization.)

On reverse mortgages: "Wells' reasoning for getting out of reverse is a bit

of 'inside

baseball' if you know what I mean. Lenders do not want to foreclose on

reverse mortgage

borrowers who do not pay their taxes and insurance. The PR would not be

pretty -

 'Wells forecloses on little old lady who has a reverse mortgage.' What has

been

 happening is that Wells and other reverse servicers were paying the taxes

and insurance

for the 5% or so of reverse borrowers who were delinquent. HUD has been

insisting

that lenders foreclose - it is a system practically designed to fail and to

cause

more problems for the servicers. I think Wells got tired of waiting for HUD

to create

a solution. (There's something novel - waiting a long time for HUD to act.)

Anyway,

what this means for MetLife and others in that sector is an opportunity. I

think

 that Wells' move will get HUD off the dime."

 

"One of your readers wrote, 'There are four safety nets our society has now,

that

were not in existence in the early thirties: Social Security, Medicare,

Medicaid,

and Reverse Mortgages.' Really?  Reverse mortgages are now one of the "four

safety

nets our society has?"  In 2010, Medicare/Medicaid spent $800 billion.

Social Security

spent $700 billion.  Reverse lending was roughly $10 billion.  And not all

of the

$10 billion goes into the senior's pockets - some is being used to pay off

an existing

lien.  The reader then says, "If you take away any one of the four programs

noted

above, and you will have seniors digging through the dumpsters. In 'The

Grapes of

Wrath,' Granny was in the Ford heading west, and not for the fun of it."

Grapes

 of Wrath?!  If reverse loans went away?!  That's just funny.  Reverse

mortgages

 could disappear without so much as a whimper from seniors - but if

Medicaid/care

or SS disappeared - there would be a blue-hair revolt."

How does FEMA view a garage in a flood plain - is it "the lowest floor"?

Last week

the agency let underwriters know that, "An attached garage in a

single-family non-elevated

building is excluded for rating when there is no machinery or equipment

servicing

the building, even if the garage has no proper flood openings." And now its

manual

reads, "I. Lowest Floor Determination, A. Non-Elevated Buildings, the third

paragraph

is revised as follows: ''An attached garage floor elevation below the BFE

can be

 excluded as the lowest floor for rating if the garage has no machinery or

equipment."

If you have any questions concerning this, write to a FEMA underwriter and

not to

me: iServiceUnderwriting@ostglobal.com

[mailto:iServiceUnderwriting@ostglobal.com].

HUD offers training, and we need to be reminded of that occasionally. The

National

Community Reinvestment Coalition (NCRC) is offering FREE HUD-funded housing

counseling

training around the nation. "Participants will learn how to identify fair

lending

abuses & mortgage fraud; prevent fraud & ensure access to equity for Older

Americans;

address discrimination with foreclosure prevention programs, & conduct a

full fair

lending file review. To obtain a certificate of completion participants must

attend

& complete the entire four-day training. Lodging & travel scholarships are

available."

There are sessions all over the nation - last week in St. Louis, later in

June in

New Orleans, July has Detroit & Milwaukee, August in Philly & San Diego,

etc. For

more information & to register for all of the training opportunities, visit

the

NCRC website at: http://www.ncrc.org/

[http://r20.rs6.net/tn.jsp?llr=zy6u9cdab&et=1106139129401&s=8721&e=001vXHfni

9V2RYmcwcHxiaCMSG3s3srk-EC34Z4Ec-BSSMbtF0kqlzPFxoknzCBnncyo7kxUxkgQiE89vJFIa

s8lkNwtMphcxjzxzH7eEsUMXU=]

or email: lmelgarejo@ncrc.org [mailto:lmelgarejo@ncrc.org]. FHA Loss

Mitigation

Program Training will come to Winter Park, Florida on Thursday: Register for

this

training at: https://eclass.hudtulsa.org/

[http://r20.rs6.net/tn.jsp?llr=zy6u9cdab&et=1106139129401&s=8721&e=001vXHfni

9V2RZ-99anTlxSlZFzqS5Sa7b83bZQYiMBluRowiljHhSVQ4QKKKbFJ1I1PwsLnVd4lavZd8qIZg

6wUlpwrOvJCnMVHyLlkA0yHi_3cmL-lRlryQ==].

I guess that it is a sign of the times that a growth industry is lenders

fighting

foreclosures. CompaniesHiringLoanModStaff

[http://r20.rs6.net/tn.jsp?llr=zy6u9cdab&et=1106139129401&s=8721&e=001vXHfni

9V2Rbc3KUjQlm0mj6zopNWGBMs-7tPZlL1WIYFFbjFCDytEB8bwRx1Gx0Dd1oK5j5WX8nS6GD6sa

1mTClyzA7Kw3Wl_H1XFYePPv2lT70waSnft-JYW5McZ7E4fbtFXOY28fh3d0LSM0Y15gkGOzvF3x

WH5N2DKw9LvP2dEkIT2q5ewiqv3x3VsRTCfAKHtowW8VyOQjo6BSB3RSN8pCrn29ZTrVem4X4nTj

5Rggs8C5yaSGmqzlEwPWLn]

Greece, this week's FOMC meeting, and looming quarter-end and end of QE2 are

all

 working on the prices and volumes in the fixed-income markets. That being

said

yesterday was pretty quiet with the 10-yr ending at 2.96% after being lower

in the

morning. In fact, overall the market started off slightly better, MBS

price-wise,

then worsened somewhat, but not enough to warrant investors sending out

price updates.

And don't look for much more today, as it is another light weight session in

terms

of the data and events calendar. Existing Home Sales for May are released at

10AM

EST with a call of 4.8 million units, declining nearly 5% from 5.05 million

reported

in April. In very early going we find the 10-yr around 2.98% and MBS prices

nearly

unchanged.

 

(Watch for guest writer commentaries starting tomorrow, with occasional

overseas

 input from me - see second paragraph.)

The Recession is really hitting everybody!

Yesterday I got a pre-declined credit card in the mail.

A stripper was killed when her audience showered her with rolls of pennies

while

 she danced.

I saw a polygamist with only one wife.

If the bank returns your check marked "Insufficient Funds," you call them

and ask

if they meant you or them.

Angelina Jolie adopted a child from America.

My cousin had an exorcism but couldn't afford to pay for it, and they

re-possessed

her.

A truckload of Americans were caught sneaking into Mexico.

The Treasure Island casino in Las Vegas is now managed by Somali pirates.

Congress says they are looking into this Bernard Madoff scandal. So the guy

who

made $50 billion disappear is being investigated by the people who made $1.5

trillion

disappear!

 

If you're interested, visit my twice-a-month blog at the STRATMOR Group web

site

 located at www.stratmorgroup.com

[http://r20.rs6.net/tn.jsp?llr=zy6u9cdab&et=1106139129401&s=8721&e=001vXHfni

9V2Ram54gh3lHnoua2hN6FAWxniwKJXikzsrhTDmoiehg61gX45owKje7fV-52L8WDxZJ2qSztCS

sH8SNI_utaDaU7M6lTbG0ZQkwniDSMqCmHfg==]

. The current blog takes a look at near-term news for non-agency securities,

such

as jumbo residential loans. If you have both the time and inclination make a

comment

on what I have written, or on other comments so that folks can learn what's

going

on out there from the other readers.

 

Rob