first! welcome back Tanata.

Only a mere fifteen after the eagerly-awaited Nontraditional Mortgage Guidance

fifteen what? sorry, i'm not properly caffeinated yet, though i did get a new press ($20, not $14!).

Brief interruption:

Released on 12/18/07 For wk 12/15 2007

Redbook reports important weakness in U.S. chain store sales. Redbook's tally shows a disappointing 1.3 percent year-on-year pace for its same-store sales tally. This is the lowest rate since July. Redbook has been showing weakness for three straight weeks, mostly in line with ICSC-UBS which has been showing weakness for the last two. Redbook pointed to icy weather for the latest week's trouble. The report noted that online shopping and gift-card shopping should give a lift to the current week.

The holiday shopping season got off to a good start based on November's retail trade data, but indications from weekly chain-store reports so far in December are soft. Retailers themselves have been quiet on results, though discount chain Target is scheduled to issue a statement on Dec. 24.

Carry on.

"we can (should we chose to believe them) prepare for 12.00% mortgage rates by about March."

Tanta, any idea on how long this regulation/guidelines/whatever will take to actually take effect? When the previous guidelines on non-traditional mortgages came through, I was relieved, but waited for what seemed like a year or more for the various states to adopt it.

I'm hoping this won't take so long...

I took a day "off" in honor of two separate but simultaneous events: a Windows update and a leaking dishwasher.

While I was standing in an inch of water on my kitchen floor listening to the hold music from tech support on my cell phone, I missed you guys.

Part of it was my own fault: the Windows update thing popped up way early in the morning while I was waiting for the coffee to brew (hadn't drunk any yet), and I somehow allowed it to include IE7.

I am here to warn anyone who hasn't tried this yet: friends don't let friends install IE7.

It's easier to fix a dishwasher.

OT

How's holiday shopping?

Best Buy came out with a sunny earnings report this a.m.

In an up market, Best Buy is down 2%.

Circuit City is down 9%!

Tells you all you need to know.

Best Buy, one of the best-run chains out there, is struggling this Xmas.

Circuit City, one of the worst, is gone.

fifteen what?

Lunar units.

Can I borrow your coffee maker?

okay. did you notice nobody offered me pennies for my sorry cause last week?

did you notice nobody offered me pennies for my sorry cause last week?

I guess we're a bunch of ingrates. So French presses are up to $20, huh? I guess I'll have to start treating mine more gently . . . it's only a couple of years old, and I distinctly remember paying $14 for it.

Tanta, any idea on how long this regulation/guidelines/whatever will take to actually take effect?

None whatever. I don't even have any idea how long it will take them to actually finalize the draft. They're just "submitting staff ideas" today.

The difference between this time and last time is that there's a race to see who goes first: the Fed or Congress. So they might hurry up this time to head off something even "worse."

Well, this particular piece of legislation won't help the Oropezas, thank heavens. Nothing should help them or their ilk. This story is disturbing in so many ways - where do I start? They managed to suck 350k out of their house in only two years. They bought a new Lexus when they were behind on thier mortgage. Most damning of all, how does a backyard water fountain IMPROVE a home?

Mortgage-Relief Plan Divides Neighbors - WSJ.com

May they lose both their houses and have theie cars reposessed. Then a nice spell in prison to maybe get some math classes.

Tanta....Firefox....FTW.

Friends don't let friends use IE.

It may take some getting used to, but it is more than worth it.

One of Windows' biggest risks has always been IE and it's integration with the rest of the OS. Dodge the bullet entirely and use the fox. Tanta uptime must be maximized....for the good of all CRkind!

welcome back! It must be busted appliance week. An inch of water? I thought I had a leaky dishwasher.

"friends don't let friends install IE7."

From what my friends tell me, the same could be said about Vista.

Warms my heart. Especially since I'm a Linux/Firefox/Open Source user. At work where I'm forced to use Windows, it's Firefox or I'm going back to gopher and telnet.

Now we know who was mopping up all of that liquidity....

--
Thanks, Tanta, for making my point about the system of...

Somewhat along the lines, someone asked,” Why can’t the American voter just say NO to taxpayer-provided giveaways to bad actors in the lending industry?"

LOL!!!!!!!

Who asks the "American voter?" Do voters matter in these matters? Just like the Fed's impotence, "American People" are politically impotent. Sorry, but someone must point out the reality of the econo-political system as opposed to the fantasy version.

Jas

An inch of water? I thought I had a leaky dishwasher.

Or perhaps you have a larger kitchen than I do.

Or a more level one. I did notice that the water was deeper on one side.

It decided to drain all the water in it out of the overflow valve behind the sink instead of through the drainpipe. But the little hole in the overflow cap thingy wasn't pointed at the sink, you see, apparently because some idiot twisted it around while cleaning it at some point. So all the water went onto the countertop and directly to the floor, completely by-passing the convenient sink drain. For some reason my kitchen was not built with a floor drain. No doubt that was an oversight.

"How's holiday shopping?..."

I get the impression that these retailers are more and more just credit card companies that happen to have a bunch of stuff you can burn up your credit with, as opposed to actually being in the business of selling things people want or need. You can buy that TV or iPod or whatnot, but the real score is if they can sign you up for the XXX Visa card.

I was in Best Buy a couple of years ago buying a new car stereo, and the floor person told me I could get free theft insurance on the stereo (my previous one actually had been stolen!) if I purchase it with a Best Buy credit card. Curious, I went over to the service desk and asked about it. They handed me a pamphlet, which I read, and sure enough, they offered insurance against theft of the item. But the string was I had to be keeping x% of the purchase as a credit card balance, which of course meant financing charges.

So I didn't go for it. Clever trick though. Happily, I got to be on the other end of the bargain anyway, as a BBY shareholder until last year.

Tanta, Good to have you back

..the industry has behaved in such perverse, self-defeating ways lately..

No argument here, but the tides are changing. The level of due diligence industrywide has increased significantly.

One of the things I've seen more of lately are large undisclosed seller contributions popping up on the HUD right before funding (I'm on the east coast where most states are non-escrow). These have primarily been 3rd party fees (which usual circle back to the seller) that aren't in the sales contract so they're not caught in underwriting. If your funder isn't paying attention your toast.

I hope the steel-toed bunny slippers didn't get ruined.

Well, my oven's working again, so I'm off to do real work. I asked about my DW leak, and the guy suggested I just get a new one. Apparently mine is a POS. But at least its overflow points sinkward.

Gad, my office replaced the snack machine with machines that takes credit cards, and charges $4 for a little bag of trail mixed nuts and $1.25 for half an ounce of popped corn.

Batten down.

I get the impression that these retailers are more and more just credit card companies that happen to have a bunch of stuff you can burn up your credit with, as opposed to actually being in the business of selling things people want or need. You can buy that TV or iPod or whatnot, but the real score is if they can sign you up for the XXX Visa card.

There's an interesting post in the Yahoo message board for Circuit City this a.m., from a guy ("I") who visited a CC store and talked to a clerk ("he"):

I said, "what about profit margins, if you offer products cheaper than your competitors wouldn't that hurt the bottom line"? He said that "they buy in tremendous bulk and might offer a flat panel t.v. 1-2% less margin thatn BBY, however that isn't where anyone makes their bread and butter, it's in selling the services and accesories associated with the product". I said explain please. He said that "a person will buy a flat panel t.v. and then they will need the cables for it, and surge protection, etc., for all that stuff they sell it's about a 75% margin on profit" then he said, "about 50% of the people that buy a t.v. will want the extended warranty, that's almost 100% profit" and he noted, "about 50% of the people whi buy will want our firedog service to come to their house and install it" that's about 90% profit".

"So about 100 bucks for accessories, 300 for firedog install and another 200 bucks or so for the extended warranty and the profits casn be substantial" This I didn't ever think about and impressed me quite a bit.

Now is where things get interesting. I mentioned if he knew if CC was going to get bought out. He said that he didn't know, however whithin a couple of months the entire store chain was going to change their name from "Circuit City" to "The City". He said that thier store should recieve the interactive part within the next month.

The problem is...when people aren't buying big flat-panels, all that profit disappears. A chain here in NYC tried what CC apparently is going to do, converting themselves from an electronics retailer into a distribution outlet for interactive cable services. They were called Nobody Beats the Wiz. Less than a year after they were acquired by Cablevision, they were gone.

Must be a dishwasher conspiracy going on, the one at my work won't fill with water.

Believe me, what's left in the bottom of a French Press looks more appetizing than any "clean" coffee cup or pot coming out of our beast here. I need my chemically based source of artificial inspiration to even hope to begin to function coherently damnit! Oh well, a trip to the local coffee shop it is.

"The devil is in the details,"

it certainly is...government meddling in the free (sic) market is never a good thing. prepayment is a crucial part of mortgage pricing, if you are giving away a free option for a borrower to prepay, you obviously need higher rates.

it's the consumer who should be able to make that decision...if you don't like the terms, don't sign the deal.

Tanta for President!!

we can (should we chose to believe them)

back to bed with you, lady.

--
Promo and comment on CNBC:

"Can the Fed prevent the next sub-prime mess?"

"Fed is righting rules for the next cycle."

The Fed is wasting its time. There will be no Fed when the next cycle boom takes place. Hell, there may not even be the current political system by then. As one American said, "We are screwed." And Fed did its part is screwing.

Jas

Enjoy!

From the Federal Reserve:

Proposed Amendments to Regulation Z

http://www.federalreserve.gov/boarddocs/meetings/2007/20071218/memo.pdf

back to bed with you, lady.

Would it be OK if I just emailed all my posts to you for proofreading before I hit that oh-so-tempting "publish" button?

Dear heavens. If I keep this up the university will retract my English degree.

Tanta....Firefox....FTW.

Just don't forget to whitelist Adblock for your favorite sites like Calculated Risk!

my first take on this was that it's pretty much the first move towards helping future buyers as suppose to helping current owners.

Tanta always proves to me that life is complicated, my tendency to simplify things is embarrassing!

sure.

Calculated Risk: Finance and Economics (spell checked by bacon dreamz)

Great post, Tanya. One point on the mortgage escrow for new construction. It does make sense to include a realistic number for underwriting purposes, but not to escrow that amount. Here in Illinois, as in many states, taxes are paid in arrears. The true tax amount won't show up for at least a year and in many cases a year and a half or longer. I've seen cases where the lender insisted on collecting the projected taxes, then a year later issued a return of the extra amount when they did an escrow reconcilliation, then hit them with the shortage when the tax bill was reaccessed to reflect the true value. I don't think there is any easy way to do this.

Regulations are useless as they ignore them when bubbles are inflating.

And at this point, as they go to close the door, they'll find not only have the livestock left the barn, the barn is missing as well.

Cheers

No, the barn will be full of families who have lost their homes....

Tanta -

Thanks so much for making me feel a little better - I'm one of those bitter anti-escrowers...and yeah, I'd be onery enough about it to not refi. I've taken the .25 APR hit for not giving up free capital for 'float'. I would definitely shop a different lender if I had to escrow.

BTW - Ditto on the Firefox - get yourself free from IE.

Tanta, I found this line particularly interesting:

these self-defeating practices will continue as long as the industry is structured so that someone profits from it.

Some centuries ago, I took an econ class in college. In that spirit, this looks to me like a micromotives problem, no?

So, what should we do to restructure a mortgage industry currently based on suicidal incentives? Must we reimpose each no-brainer rule by law or regulation, in excruciating detail ("hold the mirror in front of the applicant's mouth for a minimum of sixty seconds")?

Or would it work to require that originators may sell no loan that does not meet the same standard of underwriting care exercised for loans held on its own book of business?

Tanta - HOA dues can be somewhat high in gated communities (ours are $2660/year now) - but the real killer is monthly condo assessments (ours was about $800/month when we moved from Miami 12 years ago - and I suspect it's well over $1000/month today). Of course - a part of this has to do with insurance costs (you pay most yourself if you live in a gated community and the condo association pays most if you live in a condo). Still - it is a large amount to pay monthly. Roby

Tanta,

"Of course, by then your tax bills might actually start dropping a bit, once the assessor gets the new comps . . ."

In the town in CT where I own a home, the tax bill is a function of the assessment times the 'mil' rate. If the assessment goes down, you can bet your first born that the mil rate will go up. The government NEVER loses!

Cheers?

So let me get this straight--In the middle of the night Microsoft installed a new dishwasher drain-thingy? And when they asked, you said yes, because you have a valuable French coffee press that you hadn't yet slurped from?

OT - I don't know if anyone posted this yet (nothing in the last threads). Sorry if it is a repeat. Looks like the ECB added more liquidity than they predicted to the system.

Money Market Rates Tumble; Central Banks Inject Funds (Update8) - Bloomberg.com

"Dec. 18 (Bloomberg) -- The cost to borrow in euros plunged after the European Central Bank added an unprecedented $500 billion to the banking system as part of a global effort to ease credit-market gridlock through year-end.
...
The ECB loaned 348.6 billion euros ($501.5 billion) for two weeks at 4.21 percent today, almost 170 billion euros more than it estimated was needed.
..."

Tanta - HOA dues can be somewhat high in gated communities

When a virtuous cycle turns vicious, things get ugly fast.

An HOA with many members in arrears presents a particularly unappealing picture to buyers, lowering property values. And as maintenance is deferred and the tennis courts get ratty, property values go down even further. Add a hike in fees or an assessment to make up for the arrearages, and you're steps away from trailer park desirability.

And what happens to arrearages when people see their property values decline?

Exactly.

So let me get this straight--In the middle of the night Microsoft installed a new dishwasher drain-thingy?

Microsoft Dishwasher(R) has encountered a problem and needs to flood. We are sorry for the inconvenience.

So let me get this straight--In the middle of the night Microsoft installed a new dishwasher drain-thingy? And when they asked, you said yes, because you have a valuable French coffee press that you hadn't yet slurped from?

That's how I remember it.

Tanta and CR:

Any chance of getting an open thread or market forum so that people like me don't have to constantly interrupt the very interesting, on-topic comment threads in order to ask "what the hell happened to the stock market at 11:45"?

Markel,
So the moral to the story is don't buy into a HOA with a tennis court, buy one with a ping pong table, because they are cheaper to replace?

Another OT - In the Florida state investment pool it looks like "the fit is about to hit the shan" in the search for the guilty/investigation. Lots 'o details in this article, but I thought the following was interesting. Turns out Lehman both sold FL the instruments and then was retained to help with the resulting crisis. There's a crooked investment advisor and Jeb Bush's new consulting firm thrown in to boot.

Florida Got Lehman Help Before Run on School's Funds (Update1) - Bloomberg.com 

"...
What Stipanovich, 58, hadn't told his boss, Florida Chief Financial Officer Alex Sink, was that Lehman Brothers was the same firm that had sold the state fund $842 million of mortgage- backed debt in July and August. Those securities defaulted within four months, and totaled more failing debt than any other bank sold the state, Florida records show. ``At the time, I never knew it was Lehman Brothers that actually sold us these investments,'' Sink says.

Sink also was unaware that former Florida Governor Jeb Bush, who incorporated Jeb Bush & Associates in February 2007, a month after completing his second term, had been hired as a consultant to Lehman Brothers in June. Bush is the brother of President George W. Bush.

`Do Something Quickly'

In November, school districts and local agencies that kept their cash in the state pool rushed to withdraw $12 billion, or 46 percent, of the money in the fund. On Nov. 29, the state froze the fund to stop all withdrawals. ``If we don't do something quickly, we're not going to have an investment pool,'' Stipanovich told the board that day.

Until November, the Florida pool was the largest public money market fund in the U.S. It held cash for about 1,000 school districts, towns and local agencies in Florida.

Stipanovich resigned on Dec. 4. He declined to comment.

Florida CFO Sink is riled up about more than Stipanovich. She says JPMorgan Chase & Co. and Lehman Brothers were offloading tainted debt on Florida and other states at a time when those assets were plummeting in value.

The subprime meltdown made front-page news in June, when Bear Stearns Cos. disclosed that two of its hedge funds were collapsing because they were stuffed with subprime collateral. During the next two months, Wall Street firms were quietly peddling mortgage-backed securities to the states.

And the states, eager for higher returns, were buying them.
..."

"Microsoft Dishwasher(R) has encountered a problem"

See, that's the problem with Microsoft these days, they've gone soft and they're always admitting their weaknesses.

In the old days it was always "you have performed an illegal operation" regardless of whether the operator had done anything at all. Customer was always wrong, and they liked it.

Very difficult to believe/fathom that these proposed regulations or similar ones were not actually in existance previously.
Makes a person wonder what these guys are doing. When you need them they are not there. After the fact.
Or perhaps during the party they DO NOT want regulations. Easier for some to make some bucks from suckers.
I think they could have done something sooner but chose not to.

albrt, I don't speak for others but I think that there is a general consensus that we don't want to turn this fine blog into a traders forum. There are plenty of other boards for that, like Denninger market ticker, for example.

I've broken this rule myself, but generally I think it is bad etiquette to obsess too much here about the stock market.

Tanta,
You got me curious so I looked at the system logs. It seems that last week my Apple iWasher detected unusual fluid activity at the buffer overflow port. Apparently some corrupt MS machine connected to the world wide SewerNet was causing the trouble. It checked for security updates, downloaded and after reboot cleaned up the spill. It now cycles the dishes 22% faster and leaves them 7% cleaner.

Markel, Tanta, et al;

Use this to create your own "Microsoft Dishwasher" error -

Atom Smasher's Error Message Generator

I think it is bad etiquette to obsess too much here about the stock market.

Since the stock market is the last bubble standing, it's interesting to see the cliff diving dead cat bounce charts.

There is a huge amount of cash chasing an ever shrinking pool of investment opportunities, which makes the equities markets the last best opportunity -- for the time being.

So, what should we do to restructure a mortgage industry currently based on suicidal incentives?

Put the loan officers on salary. Eliminate broker compensation paid as a percentage of loan amount.

That would solve a whole lot of this off the bat. You can add some incentive-based comp on top of the salary, but no LO should ever be eligible for it until they've been at the job at least a year (so there are loan performance and refinancing statistics available). The incentives need to take into account performance of loans (not just delinquencies, but "refi churning.")

Until you do that, you have a sales force that doesn't care if the loans perform or are actually even profitable for the company; they just want closings at the largest loan amounts possible (since commissions and broker fees are paid on a percentage of loan amount).

Beyond that, we have to get a grip on managing operational expense. The current theory is "eliminate as much as possible of it." The usual mechanisms are outsourcing, temping, dumbing down the process, or just consolidating into bigger and bigger (and sloppier and sloppier) companies. This problem isn't exactly unique to the mortgage business, but as long as somebody (management, shareholders) wins when the cost centers (underwriters, quality control analysts, funding auditors) are laid off or cut to the bone, there is no counter-weight to the sales force's incentive to push through any dumb deal they can stumble over or make up.

Finally, there really ought to be some changes to the way profitability is reported in the industry. Nobody ever really reports "fully-loaded" cost to originate. A competition starts, egged on by the analysts, for who can report the leanest and meanest numbers. The fact that some operations are competing by really cutting ops, while the "benchmarkers" are sometimes just reporting goofy, unattainable numbers, is lost on too many people.

Remember the folderol about missing assignments in FC and BK court? That all happened because it was just too easy to cut out the expense of verifying and filing executed assignments before any money changed hands on a loan sale, and since the cost of that--fouled up FCs--is so far into the future, you never have to go "add back" that expense (and retroactively cut some bonuses).

And of course there's the moral hazard issue of "too big to fail." It's hard to scare big operations straight when they know the Chopper is on the way.

At one level it's quite simple: the industry will misbehave until everyone accepts more expensive mortgage and RE transactions. We just can't keep doing this "on the cheap." That said, redistributing the revenues--not really increasing them much--would do wonders: we need fewer sales people making $150,000 and fewer funding auditors making $45,000. Start equalizing those things, and you don't have to raise consumer costs so much.

Gad, my office replaced the snack machine with machines that takes credit cards, and charges $4 for a little bag of trail mixed nuts and $1.25 for half an ounce of popped corn.

next stop, a machine that only accepts a credit card issued by your employer. "I owe my soul to the company store," indeed.

"We need fewer sales people making $150,000 and fewer funding auditors making $45,000. Start equalizing those things, and you don't have to raise consumer costs so much."

I think the market is fixing the sales people making $150,000 part.

Tanta,

Sorry to hear about your plumbing emergency but I want you to cut yourself a little slack regarding the "overflow". This is actually an "air gap" and is in no way, shape or form to be considered an overflow. It's purpose is to prevent siphoning of water from your disposal to your dishwasher, which is nasty.

If you have water coming out your air gap, it appears you have a blocked drain and you need to get that taken care of, pronto.

DIY Home Improvement Information | DoItYourself.com

One of the few benefits of owning a home in NJ as opposed to many states is that early repayment fees have been banned by the state.

We also get damn good legal protections when dealing with health insurance agencies.

When you read the baseline rules allowed by the fed it makes you ready to suck it up and pay the high property taxes.

At one level it's quite simple: the industry will misbehave until everyone accepts more expensive mortgage and RE transactions.

What's wrong with disintermediation and efficiency? This solution you propose would certainly work but it would also cost more as you note.

There was a time when Pong was the big Christmas gift and it was critical to make sure all the paperwork was filled out completely and all that. A Wii costs LESS in current dollars than the Coleco cost in then dollars. In the same vein I can check the property tax status of any asset in the nation with a google search and a few clicks.

Bottom line; there is as you explain a need for rational compensation in the industry but IMHO that doesn't translate into higher transactional costs.

Tanta for President indeed!

Tanta, Conjure and I have been worried about you. Welcome Back!

Tanta, you lay out a superb program for a well-meaning, ethical CEO to implement.

Since those are currently significantly outnumbered by dodo birds, I'm going to scratch my head thinking of regulatory approaches to the problem--rules that will get the industry to actually do what you suggest.

Regulation is coming anyway; the question is only whether it will do good or harm.

The Fed is just learning that wages/salary has to be proven in able to obtain mortgage? Hey 3 cheers for the Fed....these guys are learning.....my 7 year old ahead of them

Put the loan officers on salary. Eliminate broker compensation paid as a percentage of loan amount.

Dare I ask - what's your fix for the wholesale channel, then?

Is it akin to the fix for my dishwasher?

Put the loan officers on salary. Eliminate broker compensation paid as a percentage of loan amount.

This would probably mean the end of the Mortgage Broker business, which may or may not be a good thing. I heard that WaMu just shut down their wholesale business -- but they've been a target of takeover rumors for several years now.

I had a really good year, but my appraisal business died in November -- and whether it can be revived in the new year remains to be seen. A staff appraiser for LandSafe (owned by CountryWide) said that he is doing 60-90 reports a month, and any staffer that only completes 45 per month gets canned. Personally, 25-30 is my full time comfort zone -- I can do 40 in a month, but not on a sustained basis.

Between AVMs and BPOs and AMCs and the general downturn in originations, the independent fee appraiser business model is in a world of hurt. The "declining market" checkbox doesn't help either -- that used to be the kiss of death for an appraisal report, but now it is mandatory is some areas.

I think that 1 year prepays and limited YSPs are an important part of the Mortgage Broker business model -- but if we return to Mortgage Banking as the exclusive model for loan origination, the point will be moot.

I thought the stink was really the underwriting and the agency problems?

I don't understand how the MBS model can ever really work. In pratice it is a dismal failure.

Turns out it is a good idea to have the issuer of debt be the holder of the debt. It forces responsible underwriting and "contains" failure to a specific geographic area. Not mention it prevents the creation of MORE levered assets....more high nominal valued assets.

I wish the model for AE compensation was revised to account for the quality of what they originated. As it is their paid based on $ volume and product mix. I know insurance companies have quality of business factors that apply to their sales force but I've never seen that in the mortgage business (specifically on the wholesale side). If you try to cut a big customer off (even one involved in obvious fraud) your in for a fight.

Having worked in pretty much every area of mortgages in the past 20 years, including origination, I agree that salaried LO's would be a big step in the right direction.

I would only want incentives on top of salary based on input accuracy, proper product disclosure and loan performance. If I had a dollar for every loan that I have had to re-input or re-disclose. . .

One year on the job is a good point also, shake out some of these poeple that wake up one day and decide to be a loan officer.

The disparity in pay is also a hot button. I would much rather see that equalized out so we could get some true specialists back in the business.

Great post, as usual. I have nothing to add to your computer/dishwasher compatibility issue.

Holy carp, I actually understood most of one of Tanta's posts!

WB Tanta.

--
Ohio AG (on Boob-berg a minute ago):

“Everyone up and down the chain, including the rating agencies” were involved in the mortgage fraud. He said that Wall Street financed the mortgage companies that were pushing fraudulent loans.

The whole financial system is infested with Conflicts Of Interests. Charlie Gasparino: "Goldman is the king of conflicts."

As I have been saying, a system of the Crooks, by the Crooks, and for the Crooks.

Need more evidence?

Jas

Miami Herald
31 arrested in mortgage fraud scheme
404 | MiamiHerald.com

Having worked in pretty much every area of mortgages in the past 20 years, including origination, I agree that salaried LO's would be a big step in the right direction.

It occurs to me that the mortgage business would benefit from some rules drawn from analogies with old-timey investment company regulation (before it was gutted by, among others, Him Who Must Not Be Named).

I think we've already talked about importing a know-your-customer rule from the brokerage industry into the mortgage business.

Perhaps restricting commissions could also be compared to the rules affecting mutual fund companies. You can't be a no-load mutual fund and pay commissions to your phone reps. So, there is precedent for this kind of restriction.

If this seems like a strange exercise to you, just remember that many regulators and legislators are very literal-minded and need to be reassured that "it's been done before" without reducing the economy to bartering eggs for butter.

TITLE 12 > CHAPTER 3 > SUBCHAPTER IX > § 341

§ 341. General enumeration of powers

But no Federal reserve bank shall transact any business except such as is incidental and necessarily preliminary to its organization until it has been authorized by the Comptroller of the Currency to commence business under the provisions of this chapter.

US CODE: Title 12,4901. Definitions

TITLE 12 > CHAPTER 49 > § 4901

§ 4901. Definition
In this chapter, the following definitions shall apply:
Adjustable rate mortgage

The term “adjustable rate mortgage” means a residential mortgage that has an interest rate that is subject to change. A residential mortgage that:
(A) does not fully amortize over the term of the obligation; and
(B) contains a conditional right to refinance or modify the unamortized principal at the maturity date of the term, shall be considered to be an adjustable rate mortgage for purposes of this chapter.

--
Fed and Regulators Shrugged As the Subprime Crisis Spread - NY Times

December 18, 2007
Fed Shrugged as Subprime Crisis Spread
By EDMUND L. ANDREWS

WASHINGTON — Until the boom in subprime mortgages turned into a national nightmare this summer, the few people who tried to warn federal banking officials might as well have been talking to themselves.

Edward M. Gramlich, a Federal Reserve governor who died in September, warned nearly seven years ago that a fast-growing new breed of lenders was luring many people into risky mortgages they could not afford.

But when Mr. Gramlich privately urged Fed examiners to investigate mortgage lenders affiliated with national banks, he was rebuffed by Alan Greenspan, the Fed chairman.
In 2001, a senior Treasury official, Sheila C. Bair, tried to persuade subprime lenders to adopt a code of “best practices” and to let outside monitors verify their compliance. None of the lenders would agree to the monitors, and many rejected the code itself. Even those who did adopt those practices, Ms. Bair recalled recently, soon let them slip.

And leaders of a housing advocacy group in California, meeting with Mr. Greenspan in 2004, warned that deception was increasing and unscrupulous practices were spreading.

John C. Gamboa and Robert L. Gnaizda of the Greenlining Institute implored Mr. Greenspan to use his bully pulpit and press for a voluntary code of conduct.

“He never gave us a good reason, but he didn’t want to do it,” Mr. Gnaizda said last week. “He just wasn’t interested.”

...

the outstanding balance,
based upon the initial amortization schedule (in the case of a
fixed rate loan) or amortization schedule then in effect (in the
case of an adjustable rate loan

The Act includes as an adjustable rate mortgage, a balloon loan that
“contains a conditional right to refinance or modify the unamortized
principal at the maturity date.” Therefore, if a balloon loan contains a
conditional right to refinance, the initial disclosure for an adjustable rate
mortgage would be used even if the interest rate is fixed.

Homeowners Protection Act
1
Introduct on
The Homeowners Protection Act of 1998 (the Act) was signed
into law on July 29, 1998, and became effective on July
29, 1999. The Act was amended on December 27, 2000, to
provide technical corrections and clarification. The Act, also
known as the “PMI Cancellation Act,” addresses homeowners’
difficulties in canceling private mortgage insurance

Tanta,

In all seriousness:
At what point did it become a good idea to consider the offering of a loan of hundreds of thousands of dollars.. as a sale? Sale? The person or family is in debt for the rest of their lives! The only way to offload debt is to find an aborigine tribe whose greatest technological advancement is an atlatl!

I know, I know.. we can slap on some fees and create fascinating powerpoint slides claiming world profit domination in the year 2021.. but at what point did someone ever convince themselves this S was sustainable? Sorry to use such a powerful letter, but I don't even have a degree in finance and this never felt right to me.

At what point did it become a good idea to consider the offering of a loan of hundreds of thousands of dollars.. as a sale?

Being able to offer a very large loan that may be repaid over a very long time (15-30 years - not "a lifetime") has been a good idea since 1933.

Let's ask that Filipino Econ major (from the thread above) just how much house a 5-year mortgage will get you in Manila. And how much better the quality of life might be if they could arrive at a relatively stable system that allowed for repayment of the most significant debt obligation (one's primary residential dwelling) over the course of a typical career span. I'd be willing to bet he'd be all for it.

Long-term, large amount home lending is perfectly sustainable. What is not sustainable are the home prices in some markets - hence, why they are falling.

Talk about perfect timing!...4 years too late.

Beyond laughable!

I've had this question about Mortgage Securitization for some time. Given the expertise of people on this site, I'm hoping to see if I can get a pro/con view on this.

Traditionally, its been "best-practice/golden-rule" for borrowers to go with a 20% down payment. Enforcing this simple rule takes care of quite a few aspects (read risks) of responsible lending/borrowing.

Then, why is it that nobody talks about enforcing lenders, along the same lines, to hold at least 20% of the amount for their loans funded on their balance sheet. They can securitize all day long with the remaining 80%, but we just have to ensure that they have their skin in the game as well.

I've only recently begun to understand the workings of the mortgage industry. Would like to know why this makes or does not make sense. Of course, the main motive is to absolutely prevent situations like the one we are in today.

As a delurking opponent of allowing servicers to screw up my tax payments...interesting..

My experience has been:

  • Rates, points, etc. don't depend upon whether I have an escrow account. I either have one, or don't.
  • If LTV is < 80% allowing such screw-ups is a [stupid] option, otherwise it's mandatory.
  • Escrow accounts pay interest, so the float isn't free. The interest is laughable, so it's almost as good as free, but still...

Where does the 0.25 pts., or the free float, arise? Also, why should judgements of my ability to pay depend upon whether there's an escrow account...I owe the taxes, and the lender requires the insurance, whether there's an escrow account or not.

I live in CA, if that makes any difference whatever.

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