30 Year Fixed Under 5%

Conforming mortgage rates for the 30 year fixed are at a 4 year low.  I’m providing live rate quotes on Twitter which you can see without leaving Rain City Guide–just click on the Mortgage Info tab to view.   This will bring on a “refi boom” which means that if you are interested in a mortgage, you should be prepared for the process to take longer and provide your mortgage professional as much information as possible.  There are fewer loan originators in today’s market (which, overall, is a good thing). 

Last words of “wisdom” or advice for those considering taking advantage of these rates is to work with a loan originator who has the ability to renegotiate your rate after locking should rates improve.  You must ask your LO this upfront (before engaging into a transaction) since not all lenders can do this.

I’ll do a follow up post when I have more time…I’m a little busy right now quoting rates and locking loans.  😉

Q&A with the Banker Panel at the National Auctioneers Association

Here are my notes from yesterday’s Mortgage Industry Panel from the National Auctioneers Association’s Convention in Denver.  When known, the name of the panelist answering the question is noted.

Panelists
A. Wesley Schuneman
Founder, Ultimate Funding Group Mortgage Brokerage

Kevin Feakes
Mortgage Banker, First National Bank; Residential Mortgage Lending

Ken West
VP Commercial Lending Mountain Plains Farm Credit Services

Q: Are lending standards currently too tight or not tight enough compared to 1985?
A: (Kevin) Contrary to what you’re hearing in the media, it’s still relatively easy to get a mortgage loan right now.
A: (Wes) Underwriting guidelines will continue to get tighter. We have a few more years of tightening.  The industry will overcorrect before the pendulum will swing back the other way.
A: (Ken) Agriculture loans are underwritten in a much different way than residential. Loans are still widely available for agricultural buyers.   

Q: What is your firm doing to prepare for another significant drop in home values?
A: (Ken) Requiring more downpayment.  The lenders I work with learned from the S&L bailout.
A: (Wes) We’re close to the bottom here in Denver. We have a decent market. I’m not expecting further, drastic price declines.
A: (Kevin) We’re preparing for more LTV changes from lenders.

Q for Wes: What does the future look like for the mortgage broker?
A: from Wes: Higher standards and raising the barrier to entry will be good for the industry. The mortgage brokerage industry needs a cleansing.  I anticipate further erosion in the number of licensed mortgage loan originators.
A: from Kevin: I’m more hopeful than Wes. Competition is good for the industry. Fewer players isn’t necessarily a good thing for the consumer. You may see some former brokers shifting to a bank during these times, and then back to being a broker in the future.

Q: On short sales, Kevin, why are banks taking so long approving short sales and is there any hope for getting answers faster from loan servicing?
A: Loan servicing does not have an efficient system in place to process the overwhelming number of requests for a short sale.  It’s going to take time to work out all the short sales and foreclosures. 
A: It would be better if all the foreclosures right now were HUD REOs because HUD has a good system of disposing of their REOs.

Q: Why haven’t banks embraced auctions as a way to dispose of their REO inventory?
A: The systems in place right now are for the banks/asset management companies to reach for a Realtor first, and to try and sell REOs using systems that are already in place (MLS) to reach potential buyers.

Follow up Q: Why aren’t banks wanting to move their REOs? Why list the home for month after month? Why are banks holding on to their REOS?
Panelists did not know. Jillayne’s answer:  It is possible that the banks are trying like mad to spread out their losses over many months/quarters. It is also possible that if a bank quickly disposed of their REO inventory and had to claim the losses, that a bank’s insolvency would become more transparent to regulators.  It is also possible that there is such a huge backlog of inventory, that it’s a time/resource backlog issue. 

Q: Should FICO scores be completely tossed out, returning us to a world where real humans touch each file?
A: (Wes) The idea of using any kind of scoring system at all isn’t inherently “bad.

Vive Tanta

A blogger larger than life has died after a two year battle with ovarian cancer. We will miss you, Tanta. 

Tanta, who blogged at Calculated Risk, taught me quite a bit about the other side of mortgage lending; securitization, the secondary market, auditing, and mortgage humor.  I asked Tanta once if I could distribute something she wrote to my students.  She gave me carte blanche to distribute anything she had written, for educational purposes. Tanta was widely read and quoted by people such as Dr. Paul Krugman and the Federal Reserve. From CR:

Even researchers at the Federal Reserve referenced Tanta’s work: From Adam Ashcraft and Til Schuermann: Understanding the Securitization of Subprime Mortgage Credit, credit on page 13:

Several point raised in this section were first raised in a 20 February 2007 post on the blog http://calculatedrisk.blogspot.com/ entitled “Mortgage Servicing for Ubernerds.

Questions for a Panel of Bankers

I’ll be moderating a panel of bankers on Dec 1, 2008 in Denver at the National Auctioneers Association’s convention.  I present at 11:00 AM (Title: There Always Was a Subprime Market. View my slides here) and the panel starts after lunch.  I’m preparing some questions for the panelists. Here’s what I have so far. Your suggestions are welcome.

1. When will you begin to lend again to borrowers who are other than prime?

2. What will happen if/when the FDIC runs out of money?

3. How are local, state-chartered banks preparing for the coming loan losses in the commercial and development sector?

4. How are loan modifications performing at your institution?

5. What do FHA delinquencies look like at your institution?

Is the housing market performing "as expected"?

To some people, that question will seem ludicrous.  If you are buying or selling a house every 7 years or so, you may not care about this somewhat complex answer to the question raised.  I am writing this post for real estate professionals, rather than the individual who may be buying or selling a home every 7 years or so.  My hope is that if more real estate professionals understood the housing market, more consumers would be better served by those professionals.

For those that want to hear that the market is doing much worse than expected, I give you Detroit.  I heard on the news yesterday that home prices in Detroit have rolled back 8.5 years.  That is much worse than “expected”.  For those that want to hear that the market is doing much better than expected, I have to say “jury’s still out” on that one, as the down market has not yet completed its “expected” cycle. 

Yes, real estate prices always go up.  But when did real estate professionals en masse start thinking that meant it looked like the chart below?  It DOES NOT!

Housing Prices do not go up in a straight line

 
Housing Prices do not go up in a straight line!.  I can honestly say that 20 years ago the only agents I met who thought this way were the salesmen vs. the professionals…and they were few. The first time I overheard an agent at an Open House talking to a first time home buyer explaining the real estate market in terms of “AWAYS GOING UP!” and drawing a chart like the one above for them, I thought “What an Idiot!” 

It is only in the last couple of years that I have seen MOST of the professionals, and consequently the general public, setting the unrealistic expectations noted in the chart above.  Many of those professionals have left the business, and more will follow.  For the benefit of those who will continue in the industry, and for the public at large, lets get back to basics and set our expectations properly. First you set realistic expectations based on an Annual Cycle of Real Estate markets.  The one below is primarily for single family residential housing.  Not condos, not multi-family, not commercial – Single Family Residential Housing Market.

Annual Cycle of Home Prices

Annual Cycle of Home Prices

When home prices increase from year to year, most of that appreciation happens from March through July.  Even when home prices decrease from year to year, prices are still expected to be up from March through July vs. January and November.  THAT is the expectation.
Think of it this way, retail sales are expected to be higher in November and December than in February.  They may not go up as much as expected, and that is not good.  But if sales in November are lower than in February, that’s really bad.  So up vs. down is NOT the barometer…it is up when expected to be up, down when expected to be down…and then it is all a matter of degree.

If you heard a store owner who only sells Christmas Ornaments complaining that his April sales were lower than his Nov/Dec sales, what would you think?  That’s how I scratch my head when I hear someone saying “I’m waiting for the lowest possible prices, so I’m going to buy a house in May or June.  Does not compute!  I’m not saying it could never happen, I’m just saying that is not an appropriate expectation.  As long as you are willing to wait until 4th Quarter of 2009 or even 2010…fine.  But if you are determined to buy within 12 months, wanting the lowest price and wanting to buy in June is not a match.  You will likely get a better house if you wait until May…but not a better price.  Again, not impossible…just not likely.  Go back and study the graph above before we move to broader market descriptions.

For this next part, different people will have different market theories.  Mine are primarily based on a “7 steps forward, 3-5 steps back” theory, that I attribute to having entered my head via Alan Greenspan many years ago.  Nationally the market started moving up past it’s previous peak in 1998.  Consequently the expectation would be for it to go down in 2005.  When it did, people freaked out while I said “DUH”. 

The market performed as expected.  But when professionals don’t know what to expect, they react inappropriately, which creates an unexpected market condition.  It’s like playing a sport where half of your team is not performing their role “as expected”…it throws the whole game off.  When your quarterback starts throwing to the guy in the wrong colored Jersey…all hell breaks loose.  As a real estate agent, you are the quarterback, time to learn the plays.  The people in the stands have a harder time betting on the game, when the quarterback is messing up the plays to the degree that we as professionals have been screwing up.  STOP sending GOOD NEWS! C-R-A-P.  This is NOT an industry based on consistent and continual “Good News”!  STOP wishing ONLY for Good News, and blaming market conditions on the purveyors of “bad news”.  Get Real – Real Fast…or suffer the consequence.

Another analogy.  The market went down when the Dow hit 14,000.  If most people said “DUH”, there wouldn’t have been panic selling.  Yes the market still would have gone down, but the market loses all semblance of sanity when expectations are set at unrealistic levels.  Momentum created by panic forces markets out of their natural cycle.  That is true both on the up side and on the down side.  The Dow was supposed to go down when it hit 14,000…in fact it should have gone down when it hit 12,000.

This is my expectation of the housing market.  Yours may differ.  Lacking an informed and valuable opinion from the professionals, the public will start imposing their own opinions like “markets should only increase at the same level as median income.”  That is not correct BUT professionals have no one to blame but themselves for all of the Bubble Blogs.  When professionals started lying both to themselves and to the public, the public had to move in a different direction.  You hate Bubble Blogs, you say?  Well then stop acting like you don’t have a freakin’ crystal ball!  If you don’t like the public not relying on your opinion…well then go get yourself an opinion!  OK, here’s mine.  Beyond the Annual Cycle above for single family homes, there is the YOY expectation in a long term cycle.

Home prices up for 7 years; down for 3-5

Home prices up for 7 years; down for 3-5

Now let’s define what a Housing BUBBLE is.  A housing bubble is when the market outperforms expectations…not when it goes UP.  A housing slump is when the market underperforms expectations…not when it goes DOWN.  Bubbles ALWAYS burst.  That is why you need to know the degree to which the market should go up (like Christmas Ornament sales in November and December) so that you know when you are entering a bubble zone.

I learned this many years ago…so long ago I don’t know where.  A market will ALWAYS reach and surpass a  level it has previously achieved.  It’s not a matter of IF…it’s a matter of WHEN.  If it happens too quickly, the downside of the cycle will hit harder.  If it happens as expected, the people betting on that expectation will do well.  We want to be a Country that always does WELL…not that always goes UP beyond normal market expectations and never, ever goes down.

Once you set a realistic expectation, you can predict markets.  When the market moves outside of predictable levels, you know you are in a bubble or a slump.  If you think every batter is supposed to hit a home run…you will spend your life in misery and disappointment.  If you expect the batter to always hit a home run…one day he will hit you instead of the ball.

Real Estate Prices are supposed to stop going down, nationally that is, somewhere between 2009 and 2011.  They were supposed to go up from 1998 to 2005 and down from 2006 through 2009 – 2011.  The degree they went up was “bubbled” by the loose lending practices in the latter part of the up cycle.  First that bubble must pop, as it did, and now we’re looking for the end of the down cycle.  If the government wants to make sure the down cycle is only 3 years and not five, then they have to do something to cause interest rates to stay at or below 5.75%, even if that is an artificial stimulus level.

No one can, nor should anyone try to, force the market to be always up.  That kind of talk is for salesmen, not professionals.  If you don’t want to hear ANY bad news, ever.  If you don’t understand that there should be at least 3 years of “bad news” following a consistent 7 year trend of “good news”, please go do something else for a living.  That’s like a lawyer who tells everyone they can win a case, cause they get paid whether the client wins or loses.  That’s like a doctor ordering MRI’s every week for a hypochondriac, because he makes money whether the patient is sick or not. 
Don’t want to be compared to a Used Car Salesman?  Then stop acting like one.

Fidelity Title Calls Off the LandAmerica Merger

Update: Since I wrote this post, Fidelity is back on with the LandAmerica merger (11/26/2008).

LandAmerica has released a statement to the public regarding this recent debacle which has many wondering what will happen to this large title insurance underwriter.   As I write this post, their stock is sitting at $0.54 a share.  LandAm’s 52 week high is $53. 

From Inman News:

The deal was announced on a Friday. The following Monday, LandAmerica detailed record third-quarter losses and said the company was in violation of financial debt covenants of its note-purchase agreement and credit agreement (see story).

LandAmerica said it was in discussion with creditors to obtain waivers. If not waived, the covenant violations “constitute an event of default under the agreements, giving the lenders the right to declare all principal and accrued interest payable immediately,” LandAmerica said at the time.

LandAmerica’s public statement, which is in a question and answer format clearly states that their ability to pay claims is adequately covered by the reserves.   Locally, LandAmerica has joint ventures with Commonwealth of the Puget Sound  (Windermere), Rainier Title (John L. Scott and Coldwell Bank Bain) and Northpoint Title.   From the statement:

What about other LandAmerica entities?

LandAmerica is comprised of many separate legal subsidiaries with separate profit and loss statements.  Some entities are performing well and others are not performing well.  We are working closely with the Nebraska Department of Insurance, which is where major underwriters are domiciled, to resolve our situation in a way that benefits our policyholders.”

This leaves a bigger question of what percentage of ownership does LandAmerica have in these joint ventures and what will happen to these ownership shares?

What is the financial viabililty of LandAmerican underwriters?

The LandAmerica underwriters, Lawyers Title and Commonwealth have over $300 million in combined statutory surplus.  And we have some of the industry’s most stringent requirements for reserves in place to protect our policyholders.  The LandAmerica underwriters’ claims reserves are backed by over $1.1 billion in cash and investments.”

Reserves are mandetory…what about operating expenses?

Two Flaws with the new Good Faith Estimate

Let me begin by saying I think that uniform Good Faith Estimates are a huge step in the right direction. However, I’m quickly reviewing the newly revised Good Faith Estimate and HUD-1 Settlement Statement (beginning on page 46; link below) to see if any changes were made since they were unveiled. The two biggest issues that I see are:

  1. No clearly marked monthly mortgage payment.
  2. No funds due for closing.

HUD boasts that consumers will save an average of $700 by using these new forms, yet consumers won’t have the tools to compare without these two factors. It seems like HUD was so focused on YSP (which seems less clear to me on the new form) and controlling closing costs, they skipped a few important details.

Am I missing something right under my nose? Click here to read the final rule. I’ll go through this again and perhaps dig into the entire document over the weekend…I’m just wondering if any of you have more insight into this.

Interview with Jillayne Schlicke – Part 2: The SAFE Act

Earlier this month I shared an interview with Jillayne Schlicke.  Part One addressed LO’s getting ready for 2009.  The second half of my interview touches on The S.A.F.E. ACT which is a part of HR 3221.  The Secure and Fair Enforcement for Mortgage Licensing Act of 2008 is a part of the massive HR 3221.  If you are planning on originating residential mortgage loans in 2009, which is just over a month away, I hope you’ve all ready checked out the NMLS (Nationwide Mortgage Licensing System) site to get your ducks in a row…be sure to have a large bottle of aspirin (or something stronger) handy.  The NMLS states that to assure your information is processed by January 1, 2009, you need to submit the required information to by December 1, 2008.   I just checked the process of my NMLS license and because I filed at 9pm on October 1, 2008, my registration is currently showing as “transition requested” and I’m directed to contact DFI.  DFI is telling me that I registered on October 2, 2008, and they’re working on applicants who applied by October 1, 2008.  I do hope my fellow Washington State Loan Originators were at least a day earlier than I with registering at NMLS to be in compliance with The SAFE Act.   Enough of my griping…my questions to Jillayne are bold and italic.

Which loan originators are impacted by the SAFE Act?

All LOs will be impacted by the SAFE Act, some more than others.  Looking up the chain of command, mortgage brokers and consumer loan lender manager/owners will also be impacted because this adds a layer of administration at the federal level that was previously not in place.  Today, brokers and owners can call their state licensing regulators and receive an answer to their licensing questions in a reasonable amount of time.  Networking with the federal regulators back in Washington DC may or may not offer broker/owners the same level of prompt service and hours of operation for those on the west coast.

Non-depository lenders and brokers must take a 20 hour prelicensing class and 8 hours of continuing education every year.  Some states already have these provisions in place and other states go above and beyond this level.  STates that have pre and post education requirements that are less than what’s required under the SAFE Act must raise their standards to the federal level.

The banks asked for and received exemption from the prelicensing and continuing education requirements mandated by the SAFE Act.  It’s quite possible that FDIC insured banks pointed out they already have ongoing training in place for their employees.

All LOs, no matter where they work, must become registered.

Even with the additional costs and time, this is a step in the right direction for our industry.  It’s time to support the framework that will lead to the eventual repair of consumer confidence in our lending system that must begin at some point.  This is a good place to start.

How will the SAFE Act impact your business?

I’ve been thinking about this for several months.  The 20 hour prelicensing mandate will have very little effect on educators at this time.  There are very few people interested in becoming loan originators right now because the income potential for a new licensee who knows relatively little about the complexities of the industry have dropped dramatically in 2008.

The 8 hours of required continuing education is only 2 more hours per year than Washington State’s 6 hour requirement.

Instead of higher revenues, the changes that will impact continuing education will be that of curriculum development and approval.  It appears right now that the states are going to defer to NMLS to approve our courses and to approve course providers, although this has not been confirmed.  Dealing at the state level is always preferred to dealing at the federal level because the states tend to be more responsive.  We can go to regular scheduled meetings and talk directly to our regulators, we can schedule meetings with them and drive to Olympia if needed, to voice concerns and receive direct answers.

I already see a difference.  When asking questons of the NMLS folks they pawn me off to the states.  The state says to call NMLS.  The whole system is suppose to be ready to go in 2009 yet at no point has the NMLS  communicated to us (course providers) what the guidelines will be for approving providers and courses.

The other problem educators face is the mandate on curriculum.  But that’s another topic for another interview.  🙂

Did the recent market shift affect Hitler too?

This recently discovered (by me) video on YouTube hits a nerve when it comes to how many are affected by the current market dynamics around the country.  I found this a bit funny, if not unnerving, considering how many people I’ve been talking to lately that are in short sale position.  The discussions are because I’m not just acting as an agent but because of my involvement in a real estate investment group that is buying these kinds of properties. 

What I’ve noticed while doing research is that an oddly large number of agents have been hit by the issue of needing to short sell – you’d think that these would be the people prone to seeing the fallacies of some of these loan products and how they’d impact them in a market downturn, but I’m not going to point fingers since I know as independent contractors and small business owners we are tied to these loan products that got misused during the market hey-day.  Even with my own great credit score, I know that today I probably couldn’t qualify for a loan in today’s market because as a business owner, I must go stated income.  I’m thankful that I was able to change my situation before things went nuts in the industry.

If you decide to watch the video, know that my linking to it here is only to provide a bit of levity to a not so fun situation for everyone right now.  I feel blessed that my business is doing so well right now and that many of my choices to downsize last year seemed to be a lucky break ahead of the curve of what is happening to many right now.