Blog of the Mortgage

Housing Bill 3221 goes to the President
July 28th, 2008 10:46 AM
What a Week! It’s just one more reason I love an election year: things actually get voted on and approved; even during the weekends.
Last week the House (Wednesday) and then the Senate (Saturday!!) voted to move HR 3221 to the desk of the President.
This bill has far reaching implications for all of us going forward at least until someone votes to change the way we do business again.
It’s always great when you get what amounts to last minute surgeons with out medical degrees trying to patch a bullet hole with a band-aid.
At the end of the day we’re going to have to react to this bill after it gets signed.
The immediate implications for us are:
  • Removal of DPA (Nehemiah, Ameridream et. al.) – Beginning Oct. 1st
  • National Licensing Registry for all loan officers (includes RETAIL!)
  • Moratorium of FHA Risk Based Pricing – Beginning Oct. 1st - This mean for Case file #’s after October 1st we can use the old grid
  • Permanent Calculations for loan limits in high cost areas: 115% of Median home prices for the area or $625,500 whichever is less
  • Permanent increases to the FHA, VA & GSE limits based on the above - All beginning after January 1st
  • Increasing minimum down payment on FHA loans to 3.50%
There’s even a provision, with $300B in funding, permitting the refinance of an underwater loan into an FHA loan. Of course, there’s no free lunch so you have to meet these criteria:
  • Must have a Mortgage note dated between: Jan.1 2005 & June 30th 2007
  • Be On-time or Late on your Mortgage payments
  • Use at least 31% of your gross income to pay your Mortgage payment
  • Prove that their existing payments are financially “squeezing” them thus incurring - Likely future late payments
  • Remove any other mortgage debt against the home (2nd’s, 3rd’s etc) - Seriously, REMOVE/Eliminate/Pay-off
  • Gain a new appraisal for the home
  • Request a refinance of the existing 1st lien to a Maximum of 90% of the new value
  • Put up with Case by case underwriting
  • Pay annual MIP = 1.5% of the new mortgage note
  • Pay 3% “exit” fee in a refinance or sale (effective pre-payment penalty)
  • Share a minimum of 50% of the profits on future sale
  • Starts @ 100% and goes down to 50% in year 5 after the new loan is originated.
There’s a couple of other goodies in this gargantuan Bill and you can read the entire text here. Page 423 for licensing information; Page 477 for FHA information.
 
I have to say, the Surgeons aren’t going to win any awards with this one. There’s still going to be loads of blood letting from that giant bullet hole.

Posted by Raoul Badde on July 28th, 2008 10:46 AMPost a Comment (0)

House & Senate Siding with HUD? DPA going away??
July 22nd, 2008 8:26 PM
This is synopsis from our Friends @ Potomac Partners in D.C.
Update: 7-21-08:
  • House vote expected Wed 7/23 on final version of the omnibus housing bill.
  • Potomac believes that Senate will accept House changes and pass bill possibly as early as Thursday or Friday.   
  • Seller funded DPA - Potomac believes that Congress will either 1) not stand in the way of HUD action to terminate, or 2) accept the Senate termination language.  
  • Cash investment - Not sure yet on 3.5% or 3%.  At a minimum, it should be a simpler calculation eliminating the state closing cost variation. 
  • Risk-based pricing - The moratorium remains in the legislation. However, FHA continues to lobby against it.  
I.                    Housing Legislation
After months of delay, it appears we are finally coming to the end of the legislative process.  While the omnibus housing bill has been further complicated by the likely inclusion of new measures to provide additional capital sources for Fannie Mae and Freddie Mac, it looks like Wednesday (July 23rd) will be the day of decision when the House is expected to pass its final version of the bill.  It is believed that the Senate will accept the House changes and pass the bill shortly thereafter (possibly as early as Thursday or Friday).   
II.                  Status of Key FHA Provisions
 
HIGHLIGHTS - Latest Information
    There is new information on the following provisions:
  • Maximum loan amount in high cost areas - $625,000
  • Calculation factor for high cost areas will likely be 115%
  • Both of these provisions will apply to FHA, Fannie Mae and Freddie Mac mortgages
  • Seller funded downpayment assistance programs - We understand from several sources that Congress will either 1) not stand in the way of HUD action to terminate seller funded downpayment  assistance programs through the rulemaking process they restarted last month or 2) accept the Senate termination language.  
  • Mortgage broker approval & eligibility criteria - We understand there will be no relaxation of broker approval & eligibility standards (e.g. no surety bonds)
  • We have not heard anything on the status of the provision permitting  qualified D.E. lenders to accept loans from any originator (similar to Fannie and Freddie Mac requirements) Based on what we are hearing in general, it appears unlikely this provision will be accepted.
  • Risk-based pricing - The moratorium remains in the legislation. However, FHA continues to lobby against it.
Specific Provisions
  ~Mortgage limits
  • FHA base limit ("floor") is increased from 48% to 65% of GSE limit ($271,050)
  • Maximum loan amount in high cost areas is increased to 150% of the current GSE base limit ($417,000).  The new limit for FHA, Fannie and Freddie will be $625,000.  VA should have equivalent guaranty ($156,250)
  • The factor for calculating increases is likely to be 115% (It was 110% in Senate bill and 125% in the House and Stimulus Bills). We understand this provision will also apply to Fannie and Freddie.
 The impact of this change is that areas w/ median sale prices below $543,478 will be affected by the change in the calculation factor.  Of course, areas with medians above that figure will be affected by the maximum mortgage amount ($625,000) after the Stimulus bill expires.  
For example, an area w/ a median sales price of $500,000 currently has a maximum loan amount of $625,000.  Using the 115% factor, the maximum loan amount would drop to $575,000 ($500,000 x 115%) when the Stimulus bill expires at the end of the year.  For areas w/ medians at $400,000, the FHA and GSE maximum limit would decline from $500,000 to $460,000 after the Stimulus bill expires in December. (For areas w/ $300,000 medians, the limit would drop from $375,000 to $360,000 and so on.) 
 
~ Cash investment requirement
 
·         We are not sure yet whether it will 3.5% or 3% cash investment.  At a minimum, it should be a simpler calculation eliminating the state closing cost variation. 
·         We also have not heard about the status of the provision for gifts that are not from family members (i.e. unions, state and local bond programs,etc).  We will discuss seller funded downpayment programs separately below. 
 
~Seller funded downpayment assistance programs
·         Seller funded downpayment assistance programs face three threats to their continuation.
o   Possible inclusion of Senate termination language in final bill (Timing: Should know this week)
o   Appropriations Process:  We have been told that HUD will require additional appropriations to cover losses associated with DPAs and that such appropriations will not be provided by Congress in the FY 2009 HUD budget. Unless budget funding (appropriations) is provided for FHA losses on the DPAs, they would be stopped on September 30th, the end of the fiscal year. (Timing:  Should know in next two weeks.)   
o   HUD Rule:  HUD has restarted the rulemaking process terminating seller funded downpayment assistance programs.  (Timing:  Assuming seller participation survives the two threats above, HUD could complete the rulemaking process next Spring. )
 
~ Risk-based pricing moratorium
·  FHA still pulling out all  of the stops to stop implementation of the moratorium.  
·  We will discuss the impact of possible processing delays in the next section.
·  Legislation does permit FHA to raise upfront premiums up to 3%.
 
Condominium project processing
  ·  FHA will have the authority to streamline dramatically condominium project approval requirements.
 
III.  Impact of Possible Risk-based Pricing Moratorium  on FHA Operations
FHA has indicated that it may take some time to modify  their systems to revert back to the "one fee fits all" MIP structure and FHA could be forced to "shut down" its operations in the interim.    
 
In thinking back about possible precedents about how FHA operations were affected by a "shut down",  we reviewed the steps FHA took in 1995 when the government was shutdown twice by a budget impasse.   At that time, FHA put out a mortgagee letter (95-55).  See at the bottom of this email.  At that time, FHA announced the following measures:
 
1.       You could process and close loans without case numbers.
2.       You could proceed w/o CAIVRS check at your own risk. (CAIVRS should be accessible during this time however.)
3.       No late MIP fees would be charged during the shutdown.
4.       Obtaining MICs - You should still be able to obtain MICs on cases assigned prior to July 14th.  For cases assigned on or after July 14th, HUD could provide flexible to protect lenders from risk in the event insurance is delayed beyond 60 days because of the shutdown.
5.       Flexibility on 60 day late endorsement policy.
 
Accordingly, as long as HUD provides the new premium structure, lenders could continue processing FHA loans assuming the Department provides similar flexibility for late endorsement if the delay is tied to the "shut down".  Based on our experience, we continue to believe any "shutdown" will be of short duration.    
   

Posted by Raoul Badde on July 22nd, 2008 8:26 PMPost a Comment (0)

MI Companies and FNMA disagree on California
July 17th, 2008 8:53 PM

We get left in the lurch

I just spent the 4th of July and the subsequent weekend grilling meat, spending time NOT working on the weekends and enjoying time with my friends and family and being thankful that I made it all the way to July '08 in the mortgage business.
I can't believe it's been almost a year since ABC/AHM (my last company) went Bankrupt. Amazing where the time goes.
I'm just happy to be working for a stable and consistent company and to be able to provide this source to you and your customers.
Earlier this year (May 10th) in this space I wrote about how the MI companies were pushing us out
of business whether it was on a rate sheet or not.
Last week Friday we got the updated (
linked here) MI Insurance Grid from Genworth (GE). This little hand-out shows us that as of August 14th no one will be able to write >90% LTV business in California, regardless of what FNMA is saying.
You're maximum LTV in California is now going to be 90% for conventional. Add in all the price adjustments and FHA really starts to look better and better every single day. Those of you funding FHA business with my team and I right now know exactly what I'm talking about.
Back to FNMA and the MI companies. About 1.5 months ago FNMA was pressured (politically from the White House on down) to remove the declining markets policy they had instituted. I wrote it about back then and some of you were able to get your business funded with some of the more aggressive conventional lenders. Now, the MI companies are still hemorrhaging cash and reserves. These firms are doing whatever is necessary to stop the bleeding and doing sub 90% business is part of it. Keep in mind the MI companies are throwing their declining blanket on the entire state of California, there is no county list to pick and choose anymore.
Triad is basically out of business since FNMA canned their affiliation with them. Radian was just served with a notice from FHLMC at the same level (we'll see what comes of them). These (MI) companies stock prices are at all time lows as they have to continuously write down their reserves/assets and adjust their earnings into negative territory. Not good. And so you get what you had here last week:
No more 95% business in declining markets. Period.


Posted by Raoul Badde on July 17th, 2008 8:53 PMPost a Comment (0)

FNMA Changes coming August 1st
July 17th, 2008 8:29 AM

7.0 Changes and Announcement 08-16

My counterparts and I just spent 3 sweltering and humid days cooped up inside a hotel in the Dallas area (thank god for air conditioning!) meeting with others on the sales team in the Western Division and talking to our executives and our various industry partners about the direction of our company and a state of the state of our business overall. I only wished we’d have had a representative from HUD there to talk to us.
What we got was the next best thing: A former HUD higher up whose wife actually envisioned and created the Neighborhood Watch program that we can all use to see how much HUD business is going through which HUD channels. This gentleman is part of a two person consulting team - Potomac Partners - that produces the great legislative updates that I forward to you. FHA is here to stay and its variations and special features aren’t likely to be altered too much going forward as the current administration and likely which ever group takes over in January will really tremendously on HUD to help support the housing market and by extension our business.
The other person we spoke to was a representative from FNMA. Well now that was interesting.I’ve never seen someone whose company was propped up by the federal government the two days before her presentation act as calm and collected as she did.
I can only hope this is a good thing.
Last month early on I sent you a notice about the use of DU 7.0 and the requirements and changes coming with this new release. 5.6 is officially retired now and 5.7 is being phased out from usage going forward. You need to make sure that you’ve run your loans through 7.0 beginning August 1st with us. Some of my competitors might let you run 5.7 until sometime until mid-August or September 1st.
Bottom line is that 7.0 is going to push about 20% more loans from Approve Eligible into EA world (which is NOT good), considering that MI is impossible to gain on this business and many of us have discontinued these products due to their inherent risk you’ll have less options for these borrowers.
The representative from FNMA did clarify for us that 7.0 is still an asset and equity position driven engine (not credit score – I bet you didn’t know that) so the borrower with 10% equity and $5k in the bank might not get the same approval as the same equity borrower with $25k in the bank. FHA is really going to be a way for us to keep more loans going forward.
  Also, many of you have noticed that there is a new policy that is officially effective August 1st (see the link above) with respect to borrowers moving up from their current residence.
FNMA now requires that people moving up have the following pieces in place in order to qualify for a lateral/move-up purchase:
For properties being turned into 2nd Homes

  • Qualify with both housing payments
  • 6 Months of PITI for BOTH properties
IF there is 30% equity in the vacated property this figure can be reduced to 2 months of reserves for BOTH properties
For Properties being turned into Rental Properties
  • Lease agreement for the property being rented out
  • Canceled Check for the deposit.
  • 70% LTV (30% Equity) in the residence that is being rented out
Less than 30% Equity for property being turned into a rental:
  • Both payments must be used to qualify (no rental offset)
  • 6 Months of PITI for BOTH properties
The Equity Position/LTV for the Vacated property will be based on the mortgage balances outstanding vs. an appraisal, AVM or BPO

WOW! This is NOT required under HUD rules right now so it’s just one more reason to look at FHA if you’re not already.
You may be wondering what the thoughts behind this reasoning is. FNMA/FHLMC right now are buying up about 65-70% of the loans in the marketplace. The likelihood that they’re the end issuing agency on one or both loans held by the same borrower is extremely high. This leaves FNMA in an awkward position with respect to an over leveraged borrower. FNMA is looking at most of these lateral/move-up buyers as buy and bail borrowers: A borrower that has no intention of keeping the existing home regardless of the affordability factors or assets they carry.


Franklin American Mortgage Co. is a Privately held company that prides itself on its conservative business practices (much to the consternation of some folks) and its ability to maintain its service levels in all market environments. Refi Boom (or mini-boom), Purchase Market or a combination of both.
Franklin American Mortgage Company has been around for 16 years and is one of the fastest growing mortgage banking companies in the country.
Our Service levels and dedication to our broker base have brought us all the way to #4 FHA funder in the country and #7 VA funder in the country with Total Loan Volume putting us inside the Top 20 Lenders in the nation.
Our Branch in Concord, Ca has grown in size from 6 internal and 4 AE's (including yours truly) to 24 internal as of today and 12 AE's.
Please consider us for your FHA, VA & Conventional needs.
You as a broker still have many options for lenders in our space and I hope that you'll put us on your list of top 5.

I'll look forward to working with you and your team if we haven't already done so.

Posted by Raoul Badde on July 17th, 2008 8:29 AMPost a Comment (0)

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