More Consequences of the Badly Conceived Dodd-Frank Act

What is the cost of overregulation? Bank of America appears to have provided part of the answer by announcing yesterday that the nation’s largest bank will cut 30,000 jobs between now and 2014. CEO Brian Moynihan said the bank’s plan is to slash $5 billion in annual expenses from its consumer businesses.

Mr. Moynihan didn’t say this, but we will: These layoffs are part of the bill for the last two years of Washington’s financial rule-writing. After loose monetary policy had combined with insane housing policy to create a financial crisis, the Democrats who ran Washington in 2009 and 2010 enacted myriad new rules that had nothing to do with easy money or housing.

Take the amendment that Illinois Democrat and Senator Dick Durbin (with the help of 17 Senate Republicans) attached to last year’s Dodd-Frank financial law. Mr. Durbin’s amendment instructed the Federal Reserve to limit the amount of “swipe fees” that banks can charge merchants when customers use debit cards.

How exactly does forcing banks to charge Wal-Mart less money for operating an electronic payment system prevent the next financial crisis? Readers may wait a long time for a satisfactory answer, but the cost of this Dodd-Frank directive is straightforward.

The Fed dutifully ordered banks to cut their fees almost in half. Bank of America disclosed in its most recent quarterly report that this change will reduce the bank’s debit-card revenues by $475 million in just the fourth quarter of this year. The new rules take effect on October 1, so BofA seems to have sensible timing as it begins to shed workers from a consumer business that has become suddenly less profitable by federal edict.

Make that the latest federal edict. In 2009, when a comprehensive overhaul of financial regulation was still a gleam in Barney Frank’s eye, President Obama signed the CARD Act into law. It limited the ability of banks to increase rates on delinquent borrowers and to charge fees on unprofitable customers. As Washington encouraged card issuers to be more selective in advancing credit and to demand higher rates when they do, interest rates on card customers predictably increased relative to other types of lending in the months after the law took effect.

Restricting bank profits on a particular product may have obvious populist appeal, but politicians shouldn’t be surprised if banks decide that such consumer credit operations aren’t good businesses and can function with fewer employees. Add in the various federal programs aimed at extracting penalties for this or that mortgage-foreclosure error and it’s understandable that a bank would have trouble forecasting growth to justify its current work force.

To be sure, Bank of America is also suffering from its own mistake in deciding to buy Countrywide Financial in 2008. As for the financial industry generally, it had become distended and needed to shrink after the bubble years of easy money.

But given the real-world results for bank employees, politicians should not be allowed to pretend that there are no consequences when they deliberately reduce the profitability of employers. Mr. Obama proposed last week to spend some $450 billion more in outlays or tax credits to create more jobs, but it would have cost a lot less to save these 30,000.

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Help With Your Mortgage is Just a Phone Call Away

I am a fully licensed loan officer and I help my clients to:

  • Get the most suitable loan for their situation
  • At the lowest interest rate
  • With the lowest cost
For help with your mortgage call me at (415) 578-8700
Or you can email me at fernandopaez58@gmail.com
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U.S. Mortgage Rates Fall to 8-Month Low

By Ashwin Seshagiri - Aug 4, 2011 7:01 AM PT

Freddie Mac

A Freddie Mac sign stands outside the headquarters in McLean, Virginia. Photographer: Andrew Harrer/Bloomberg

U.S. mortgage rates for 30-year loans plunged to the lowest level in more than eight months as the nation’s economic recovery showed signs of faltering.

The average rate for a 30-year fixed loan dropped to 4.39 percent in the week ended today from 4.55 percent, according to Freddie Mac. The average 15-year fixed-loan rate decreased to a record 3.54 percent from 3.66 percent, the McLean, Virginia- based mortgage-finance company said in a statement.

The decline followed a slide in yields for 10-year Treasury notes, which touched the lowest level since November yesterday on concern that the U.S. economy is slowing. Gross domestic product grew at a 1.3 percent annual rate in the second quarter, less than economists forecast, the Commerce Department said July 29. Reports this week showed an unexpected drop in consumer spending and slower-than-estimated growth in manufacturing.

“Two of the most important factors that influence mortgage rates are economic growth and inflation,” said Keith Gumbinger, vice president of HSH Associates, a loan-data firm in Pompton Plains, New Jersey. “The numbers show an economy that is stumbling far worse than expected. We’re pretty close to stall speed.”

The rate for a 30-year fixed mortgage is the lowest since the week ended Nov. 18, when it also was 4.39 percent. It fell earlier in November to 4.17 percent, the lowest in Freddie Mac records dating to 1971.

U.S. mortgage applications rose 7.1 percent last week, according to an index from the Mortgage Bankers Association in Washington. The group’s refinancing measure climbed 7.8 percent in the period ended July 22 from the prior week, and a gauge of purchases increased 5.1 percent.

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Home Ownership Rate Falls To 13-Year Low

The nation’s housing crisis has forced unprecedented numbers of homeowners out of their homes, made for a difficult homebuying environment, and tainted many Americans’ ideal of owning a home. These factors are taking their toll on homeownership in this country.

The Census Bureau says homeownership in the United States has fallen to its lowest level in more than 13 years.

The nation’s homeownership rate dropped to 65.9 percent in the second quarter. That’s a full percentage point lower than the second quarter of 2010 and a half a percentage point below the rate recorded in the first quarter of 2011.

Paul Dales, senior U.S. economist with the research firm Capital Economics says the increase in the homeownership rate seen during the housing boom has been more than completely wiped out by the bust.

And the decline is not even over yet, according to Dales. He says the poor economic climate, the double dip in house prices, the high number of foreclosures, and tight credit

conditions are all reasons why the homeownership rate will continue to fall.

“With another 3 million foreclosures in the pipeline and no sign of a major improvement in credit conditions or the labor market, demand for owner-occupied housing is likely to remain weak for some years yet,” Dales said.

The flipside will be a further surge in demand for rented accommodations, Dales notes, which will boost rental rates and bodes well for the multi-family sector, in particular.

In line with the steep declines seen in homeownership, the share of all households renting increased to a new 13-year high of 34.1 percent in the second quarter, Dales explained. That’s up from 33.6 percent in the first quarter.

The rental vacancy rate has fallen to 9.7 percent from a peak of 11.1 percent in 2009, which has driven a recovery in rent prices. Dales says investors in the residential rental market could see rental yields of more than 5 percent over the next few years.

Data from the Census Bureau also showed that the homeowner vacancy declined from 2.6 percent in the first quarter to 2.5 percent in the second.

Still, Dales notes that the numbers reflect there are 1.9 million homes up for sale that are still sitting empty. He says another 3.9 million homes are empty but, for one reason or another, are being held off the market.

The excess supply of housing remains high, and Dales stressed that the combination of weak demand and high supply almost certainly will not translate into higher house prices any time soon.

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Rush in home buying in San Francisco – Mortgage news

In recent times there has been a surge in investors entering the market with dispensable cash and there has been an increase in the confidence of people in their job stability. As a result of this the Bay Area of San Francisco has experienced a double-digit increase in the number of homes sold and home mortgage taken, as compared to the previous quarter in each every nine counties of the area, as stated by Multiple List Serving data analysis.
According to the research division of Better Homes and Gardens Mason-McDuffie Real Estate reports, 13,981 homes have changed hands in the area during the second quarter of 2011. This number is a 3% increase from the number of houses that were sold in the first three months of the year, which was 10,519. However, since this number was down by 8% from the same timeframe a year ago, it is quite difficult to make direct comparisons as buyers were still benefitting from homebuyer tax credit in the middle of 2010. Many potential buyers could not take the full advantage of that tax credit prevailing at that time. However, they were able to capitalize on some of the lowest prices since 2003, when homes were sold at an average price of $550,000. The median home price this summer was $536,603 which when compared to the median home price of second quarter of 2010 is a little less than 1% higher, but is 14% higher than the first quarter of this year.
The largest number of home sales in the area was seen in Santa Clara, which had 43% increase from the first quarter of this year and 51% rise from the previous year. San Mateo County also saw figures jump all the way to 56% from the previous quarter and an annual increase of 60% according to reports. Seven amongst the nine counties experience a mild increase in the second quarter, but remained lower than the figure last year. Only two counties however had a declining rate of 12 % and 11% negative growth on a year-over-year basis. These counties are Napa County and Solano negatively.

 

The homes that moved quickest were the ones which were priced to sell and took aggressive tactic. This is because the average home was only on the market for 65 days which when compared to 2010 is only an 8 days increase. The homes in San Francisco stayed on the market for 44 days which is the fewest, while Napa had the highest average with homes that remained on sale for 112 days on average. According to experts, such positive trends will remain as long as homeowners keep their houses priced to sell and consider lifestyle changes.

 

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Fannie Mae Home Path Special Offer

Special Offers

HomePath® Buyer Incentive: June 14 – October 31

Fannie Mae is currently offering buyers up to 3.5% in closing cost assistance through October 31, 2011. A $1,200 selling agent bonus is also available to selling agents who close on an owner occupant property and meet all eligibility requirements and terms and conditions.

Terms and Conditions:

  • Buyers and/or selling agents (the agent representing the buyer) must request the incentive upon submission of initial offer.
  • Initial offer must be submitted on or after June 14, 2011 and close by October 31, 2011. Initial offers made prior to June 14 are not eligible for the June 14 – October 31 incentive.
  • Sale must close on or before October 31, 2011. No exceptions will be made to this deadline. (Note: Initial offers submitted after September 15, 2011 may not close by the incentive deadline of October 31, 2011.)
  • Buyers must be purchasing a HomePath property to use as their primary residence to receive closing cost assistance. Second homes and investment properties are excluded from the incentive.
  • Sales closed via the retail channel are eligible, including those utilizing public funds. Pool and auction sales are ineligible.
  • Buyers must sign the Owner Occupant Certification Rider to the Real Estate Purchase Addendum.
  • Buyers with total closing costs under 3.5% are not eligible to receive the difference as a credit.
  • Properties where Fannie Mae acquired the property in connection with financing under a reverse mortgage are not eligible. Ask the listing agent for details.
  • Buyers should consult their lenders for guidance on financing. Lenders and mortgage products may impose their own limitations on the use of the 3.5% incentive. For example, the lender may consider the incentive a Seller Contribution and limit the amount to 3.0%. In those instances, the remaining 0.5% will no longer be available to the buyer.
  • Fannie Mae reserves the right to remove any property from promotion or end the promotion at any time. Any dispute over the payment of the incentive shall be resolved by Fannie Mae in its sole discretion.

 

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Fannie Mae Home Path mortgages and properties

Some information below about Fannie Mae Home Path. If you want to know more please email me at fpaez@stearns.com or fernandopaez58@gmail.com

If you want to find out about properties available in your area go to www.homepath.com

 

Properties with this logo are eligible for special financing that includes:
HomePath Mortgage allows a borrower to purchase a Fannie Mae-owned property with a low down payment, flexible mortgage terms, no lender-requested appraisal and no mortgage insurance. Expanded seller contributions to closing costs are allowed.

Benefits to You, the Borrower

  • Low down payment and flexible mortgage terms (fixed–rate, adjustable rate, or interest–only).
  • Down payment (at least 3 percent) can be funded by the borrower’s own savings; a gift; a grant; or a loan from a nonprofit organization, state or local government, or employer.
  • No lender-requested appraisal.
  • No mortgage insurance; ask your lender for cost details on loans without mortgage insurance.
  • Expanded seller contributions for closing costs allowed.
  • Available for primary residences, second homes and investment properties.
  • Many condo project requirements are waived; ask your lender for details.
  • For more information, contact a HomePath Mortgage lender or click here for the Home Buyers Guide.

 

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Loan Brokers Hope for Reg Relief on LO Compensation

Mortgage lending professionals who provide mortgage products are complaining to Congress that the Federal Reserve’s loan officer compensation rule is tying their hands, hurting their ability to compete with banks.

The Fed’s Truth in Lending Act rule that went into effect April 1 prohibits mortgage lending brokers from adjusting the rate and other fees once it is disclosed on the good-faith estimate form. This means that once an applicant takes the broker’s GFE to a bank and obtains a better rate, the broker cannot provide a counter offer.

“I know we lost five loans last week because the bank next door” cut their rate, said Mike Anderson, vice president of the National Association of Mortgage Brokers. “Or they give the buyers 25 basis points upfront towards closing costs because they can adjust their price and I can’t,” he said in interview.

This lack of flexibility in pricing also is hurting brokers when it comes to helping borrowers who run into any unexpected expenses at the closing table. It used to be customary for brokers to cover unexpected costs but all that changed with the implementation of the Fed’s LO compensation rule. “If a consumer finds he is short $200 due to circumstances beyond his control, I cannot reduce my profit to help the consumer,” Anderson said at a recent House Financial Services subcommittee hearing.

At the hearing, Rep. Gary Miller, R-Calif., said he is introducing a bill allowing brokers to reduce their compensation by 30% to help consumers who run into a shortfall at closing.

Loan brokers welcomed the congressman’s initiative, but are concerned the legislative proposal only addresses a problem at the closing table and not elsewhere.

“I don’t need 30% leeway at the end. I need 30% in the beginning so I can compete with the banks,” the NAMB vice president told National Mortgage News.

Anderson is president of Essential Mortgage, a subsidiary of New Orleans-based Latter & Blum.

The Miller bill also allows brokerage firms to pay their loan officers a commission in a consumer-paid transaction, which is prohibited under the Fed rule. Commissions are only permissible when the wholesaler directly pays the mortgage broker a percentage of the loan amount.

Fed consumer affairs director Sandra Braunstein testified that a mortgage broker can pay an “incentive fee” to an employee in transactions where the consumer pays origination fees directly to the brokerage firm.

An incentive fee, for example, can be a bonus for exceeding a certain number of loans in a specified period, according to her testimony.

But an incentive fee is not the same as a commission.

Just before the Fed issued the final LO comp rule, Rep. Barney Frank, D-Mass., requested two major changes.

The lawmaker noted that restrictions on commissions in consumer-paid transactions “unnecessarily” interfere with the borrower’s ability to obtain loans from mortgage brokers.

In a letter to the Fed, he noted the Dodd-Frank Act prohibits mortgage brokers from being compensated by the wholesaler and the consumer to prevent “double dipping.”

However, the Fed rule is “more restrictive,” Frank said in the March 24 letter, because it prevents brokers from sharing compensation with their employees.

The ranking Democrat on the House Financial Services Committee urged the Fed to act “expeditiously” to revise the rule. But the Fed has not made any changes.

The Fed also ignored Frank’s request to allow brokers to reduce their fee at the request of a borrower who has run into an unexpected expensive at closing. The Fed has not made this change either.

On July 21, the new Consumer Financial Protection Bureau takes over rulemaking for TILA and the LO compensation rule from the Fed.  Brokers and others are hoping the CFPB will be more responsive to industry concerns.

The Fed’s rulemaking has been “devastating” to the brokerage industry, said Marc Savitt, president of the National Association of Independent Housing Professionals. He noted that the Fed has failed to provide adequate guidance to the broker community. “We are not sure if we are doing things right or not,” he said.

The president of Mortgage Center, Martinsburg, W.Va., also noted the Fed has rebuffed state regulators’ requests for guidance.

Maryland deputy commissioner of financial regulation Anne Norton testified that state regulators support the intent of the Fed’s LO compensation rule but they have been unable to provide field examiners with guidance on how to evaluate industry compliance. As a result, some states are not enforcing the new rule.

“Official guidance from either the Federal Reserve or CFPB is needed to provide direction to regulators and clarity to the industry,” Norton said.

 

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Mortgage News Update – Wednesday, July 20, 2011

Rates are still great this morning with the yield on the 10 year Treasury at 2.91, still at the low, low end of the moving average.

I still think rates are going to drop further. Just look at the following news regarding home sales:

Existing-Home Sales in U.S. Fell 0.8% in June

By Bob Willis - Jul 20, 2011 8:17 AM PT

Sales of previously owned U.S. homes unexpectedly declined in June to a seven-month low as the industry struggled to overcome rising unemployment and foreclosures.

Purchases dropped 0.8 percent to a 4.77 million pace, data from the National Association of Realtors showed today in Washington. The median projection in a Bloomberg News survey called for a gain to 4.9 million. Inventories increased, more contracts were canceled and 30 percent of transactions last month were of distressed dwellings, the figures showed.

Stricter lending rules, unemployment above 9 percent and delays in processing foreclosures mean it may take years to reduce the number of distressed properties on the market even as all-cash purchases have recently helped buoy demand. Federal Reserve Chairman Ben S. Bernanke last week said the decline in confidence and lack of job growth that are impeding consumer spending are also keeping real estate “depressed.”

“The market continues bumping along the bottom, with every move ahead matched by a disappointing setback,” said Richard DeKaser, an economist at Parthenon Group in Boston. “As long as the risk of further price declines is appreciable, buyers and lenders alike are going to remain skittish. For there to be a meaningful rebound in sales, we’ll probably have to wait until 2012.”

Stock Market

Stocks were little changed after the report as a Senate plan to help the government avoid default faced resistance from Republicans, overshadowing higher-than-estimated earnings at Apple Inc. The Standard & Poor’s 500 Index was at 1,328.33 at 11:14 a.m. in New York, up 0.1 percent. Treasury securities fell, sending the yield on the benchmark 10-year note to 2.93 percent from 2.88 percent late yesterday.

Estimates for home sales in the Bloomberg survey of 71 economists ranged from 4.75 million to 5.2 million.

Existing-home sales have fallen since reaching an annual peak of 7.08 million in 2005, before the housing boom turned into a subprime-mortgage bust that helped dragged the U.S. into an 18-month recession. They slumped to a 13-year low of 4.91 million last year.

Of all purchases, cash transactions accounted for about 29 percent, NAR chief economist Lawrence Yun said in a news conference today as the figures were released. The Realtors group began tracking the monthly figure in August 2008, and the share on a yearly basis before that was around 10 percent, Yun has said.

Contracts Canceled

The number of canceled contracts to buy previously owned homes jumped to 16 percent in June from 4 percent a month earlier. Yun said the rise was a “mystery” that the group will look into by surveying Realtors around the country. They have been running in the 9 percent to 10 percent range in the past year.

Distressed sales, which comprise foreclosures and short sales, in which the lender agrees to a transaction for less than the balance of the mortgage, accounted for about the same share of the total in June as in recent months.

The U.S. Treasury Department is exploring a proposal aimed at promoting modifications of delinquent or defaulted home loans, including writedowns of principal, by bringing fresh private capital into the market, according to housing market executives.

The plan is based on a paper whose main author is Jordan Dorchuck, executive vice president of American Home Mortgage Servicing Inc. in Coppell, Texas. Dorchuck said he’s contacted other loan servicers at the behest of the Treasury Department to gauge their interest in the proposal and generally they think it could have some value.

By Region

Today’s report showed existing-home sales decreased in two of four regions, led by a 5.2 percent drop in the Northeast and a 1.7 percent decline in the West.

The median sales price rose 0.8 percent last month from June 2010 to $184,300.

The inventory of unsold previously owned homes on the market rose to 3.77 million in June from 3.65 million in May. At the current sales pace, it would take 9.5 months to sell those houses, the longest since November, compared with 9.1 months at the end of May. Supply in the eight months to nine months range is consistent with stable home prices, the group has said.

Pending Foreclosures

A total of 6.35 million homeowners weren’t current on their loans at the end of May, with 2.16 million in the process of foreclosure, according to data from Lender Processing Services Inc., a Jacksonville, Florida-based provider of mortgage- processing services and data. Foreclosures averaged 580 days after borrowers became delinquent on their loans.

Lender delays in processing home-loan defaults will push as many as 1 million U.S. foreclosure filings from this year into 2012 or beyond, casting an “ominous shadow” on the housing market, RealtyTrac Inc., a housing data provider, said last week. A clogged foreclosure pipeline means it will take longer to clear the inventory of unsold homes and may prevent prices from finding a bottom.

Builders remain cautious about the outlook, prompting them to look for other income sources. Miami-based Lennar Corp. (LEN), the third-largest U.S. homebuilder by revenue, last month reported second-quarter profits that beat analysts’ estimates on rising earnings at its distressed-investing unit.

“The long-awaited selling season of 2011 has not yet defined itself as the beginning of a recovery cycle,” Stuart Miller, chief executive officer of Lennar, said on a June 23 teleconference. “The housing recovery will take time and patience and will be inconsistent and uneven.”

 

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Mortgage News Update – Monday, July 18, 2011

Dow Jones falling this morning with Gold up almost to $1600 per troy oz.

Good news for interest rates as the 10-year Treasury is at 2.89 yield and dropping. The only question is will it drop under 2.88? It has stalled at that low point and if it does go under watch as rates drop on 30 year fixed mortgages and all other products as well.

Advice: LOCK your rate before it’s too late! (hey, I’m a poet and don’t know it LOL).

by Fernando Paez

San Francisco Mortgage Pro

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