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Insurers dropping Chinese drywall policies
October 16th, 2009 9:37 AM

WEST PALM BEACH, Fla. – James and Maria Ivory's dreams of a relaxing retirement on Florida's Gulf Coast were put on hold when they discovered their new home had been built with Chinese drywall that emits sulfuric fumes and corrodes pipes. It got worse when they asked their insurer for help — and not only was their claim denied, but they've been told their entire policy won't be renewed.

Thousands of homeowners nationwide who bought new houses constructed from the defective building materials are finding their hopes dashed, their lives in limbo. And experts warn that cases like the Ivorys', in which insurers drop policies or send notices of non-renewal based on the presence of the Chinese drywall, will become rampant as insurance companies process the hundreds of claims currently in the pipeline.

At least three insurers have already canceled or refused to renew policies after homeowners sought their help replacing the bad wallboard. Because mortgage companies require homeowners to insure their properties, they are then at risk of foreclosure, yet no law prevents the cancellations.

"This is like the small wave that's out on the horizon that's going to continue to grow and grow until it becomes a tsunami," said Florida attorney David Durkee, who represents hundreds of homeowners who are suing builders, suppliers and manufacturers over the drywall. "This is going to become critical mass very shortly."

During the height of the U.S. housing boom, with building materials in short supply, American construction companies imported millions of pounds of Chinese-made drywall because it was abundant and cheap. An Associated Press analysis of shipping records found that more than 500 million pounds of Chinese gypsum board was imported between 2004 and 2008 — enough to have built tens of thousands of homes. They are heavily concentrated in the Southeast, especially Florida.

The defective materials have since been found by state and federal agencies to emit "volatile sulfur compounds," and contain traces of strontium sulfide, which can produce a rotten-egg odor, along with organic compounds not found in American-made drywall. Homeowners complain the fumes are corroding copper pipes, destroying TVs and air conditioners, and blackening jewelry and silverware. Some believe the wallboard is also making them ill.

The federal government is studying the problem and considering some sort of relief for homeowners.

Meanwhile, the AP interviewed several homeowners who, like the Ivorys, were unlucky enough to purchase properties built with Chinese drywall, and are now being hit with a second and third wave of bad news: Their insurers are declining to fill their claims, then canceling the policy or issuing notices that policies won't be renewed until the problem is fixed. The homeowners have little recourse since neither the Chinese manufacturers nor the Chinese government are likely to respond to any lawsuits or reimburse them for the defective drywall.

In each instance, the insurer learned of the drywall through a claim filed by the homeowner seeking financial help with its removal.

The Ivorys have sued, but it could take months for their case and hundreds like it to work their way through the courts. In the meantime, they have moved back to Colorado because their three-bedroom ranch home two miles from the Gulf of Mexico is unlivable and soon will be uninsured.

"It's been an emotional roller-coaster," said James Ivory, who is still making mortgage payments on the house. "It was all in our heads, nice weather down there, calm life, beaches. Now I don't know what to do."

John Kuczwanski, a spokesman for the Ivorys' insurer, Citizens Property Insurance Corp., said their claim was denied because the drywall is considered a builder defect, which is not covered under the policy. It also considers the drywall a pre-existing condition that could lead to future damage, which is why the company won't renew the policy unless the problem is fixed.

"If someone were to have bought a new car and there was a defective part, would that person go to their auto insurance to get that fixed or would they go back to the manufacturer?" Kuczwanski said. "We provide insurance, not warranty service."

Citizens, a last-resort insurer backed by the state of Florida for people who can't find affordable coverage elsewhere, has received 23 claims about Chinese drywall, and has so far denied five. Citizens could not immediately say how many policies had been canceled or not renewed because of the drywall.

Robert Hartwig, president of the Insurance Information Institute, agreed that homeowners policies were never meant to cover "faulty, inadequate or defective" workmanship, construction or materials.

Tom Zutell, spokesman for the Florida Office of Insurance Regulation, said the cancellations are troubling, but legal. No law prevents insurance companies from canceling policies because of Chinese drywall.

"We are staying out of the fray at the moment," he said.

Even if a homeowner does not file a claim over the drywall and remains covered, they could later be denied a claim for a fire or another calamity if insurance investigators determine the home contained undisclosed Chinese drywall.

"If you think that by not telling your insurance company about the drywall that you're protected, you're sadly mistaken," Durkee said.

A newly married couple in Hallandale Beach, Fla., saved up for five years to buy their first home only to later discover it had Chinese drywall. They filed a claim with their insurer, Universal Insurance Co. of North America, and were denied.

Universal then sent the couple a letter, stating their policy was being dropped because "the dwelling was built with Chinese drywall."

The couple then signed on with Citizens, but didn't divulge the drywall issue, and hasn't filed another claim. The 31-year-old man requested anonymity because he's afraid of losing his insurance policy, and thus his home.

"I honestly don't know what I'd do if that happened," he said. "All this has basically taken us back five years. We saved money to buy this home."

Universal did not respond to requests for comment.

Louisiana lawyer Daniel Becnel Jr., who represents more than 200 owners of homes containing Chinese drywall, is advising his clients to avoid filing claims with their insurers or they could lose their houses.

"I really believe everybody should have an insurance claim with this," Becnel said. "But it's hard to tell somebody to go make a claim, then they lose their policy ... This is a nightmare for people."

"I tell people flat out if you file, you may lose your insurance," agreed Mississippi attorney Steve Mullins, who has about 100 clients with Chinese drywall in their homes.

One of Mullins' clients, Chris Whitfield, a 29-year-old tire repairman in Picayune, Miss., says he moved out of his house because the drywall was making his family sick. His claim was then denied by his insurer, Nationwide, which followed up with notice that he would be dropped because his policy didn't cover unoccupied dwellings.

Nationwide spokeswoman Liz Christopher declined to comment on Whitfield's case and could not say how many drywall claims had been submitted or how many policies had been canceled or not renewed.

Whitfield offered to move back into the house, but he said he was told he'd first have to replace the drywall.

"I don't know what I'm going to do," he said.

___

Associated Press Writer Damian Grass in Miami contributed to this report.


Posted by Tom Pfeiffer on October 16th, 2009 9:37 AMPost a Comment (0)

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How long can a half-built house sit?
September 21st, 2009 11:59 PM

There are risks to buying a home when construction has been halted for a time. Here’s what can go wrong at each of 3 critical stages. Plus: 5 ways to protect yourself.

By Marilyn Lewis of MSN Real Estate

http://realestate.msn.com/article.aspx?cp-documentid=19423888


Posted by Tom Pfeiffer on September 21st, 2009 11:59 PMPost a Comment (0)

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Home Valuation Code of Conduct – Myths and Realities Updated: September 2, 2009
September 3rd, 2009 11:59 PM
The Appraisal Institute has this on their web page today:

©
Home Valuation Code of Conduct
Myths and Realities
The Home Valuation Code of Conduct (HVCC) was effective on May 1, 2009. As of that date, institutions that deliver loans to Fannie Mae or Freddie Mac must represent and warrant that the appraisals obtained adhere to the requirements found in the HVCC regarding appraisal management, ordering and review by lenders.
For more information on the HVCC, visit the following websites:
Fannie Mae (HVCC and Frequently Asked Questions)
https://www.efanniemae.com/sf/guides/ssg/relatedsellinginfo/appcode/
Freddie Mac (HVCC and Frequently Asked Questions)
http://www.freddiemac.com/singlefamily/hvcc_faq.html
Federal Housing Finance Agency
http://www.fhfa.gov/webfiles/277/HVCC122308.pdf
The release of the Home Valuation Code of Conduct has raised many questions on the part of lenders, appraisers, and others involved in mortgage lending activities. Lenders that sell loans to Fannie Mae or Freddie Mac are likely reviewing their internal appraisal operations, and some may have to retool or restructure their operations to achieve compliance.
Unfortunately, there is confusion and misinformation in the marketplace regarding HVCC compliance and appraisal policies in general, particularly in regard to use of third party vendor management firms. To help bring clarity to these issues, the information below is intended to identify some of the myths we have identified and state the reality. There will likely be additional questions on this issue in the coming weeks and months. For further information, please contact: insidethebeltway@appraisalinstitute.org. Home Valuation Code of Conduct – Myths and Realities Updated: September 2, 2009
Myth: The HVCC requires lenders to use Appraisal Management Companies.
Reality: Use of appraisal management companies is not required under the Home Valuation Code of Conduct (HVCC). Lenders may engage appraisers directly without the use of third parties.
Myth: Mortgage sellers cannot achieve compliance without outsourcing the appraisal function.
Reality: Sellers may achieve compliance by establishing meaningful risk management practices, including separation between risk management (appraisal) and loan production. The Code requires that loan production staff not be involved in ordering the appraisal. This separation is currently required under existing federal bank regulation.
Myth: "Loan Correspondents" or "correspondent lenders" are the same as mortgage brokers and they too cannot order appraisals.
Reality: Unlike mortgage brokers, loan correspondents fund loans in their own name and, therefore, have "skin in the game." They are allowed to order appraisals on loans sold to Fannie Mae and Freddie Mac like other sellers that fund loans in their own name or with their own funds. Mortgage brokers no longer will be able to engage real estate appraisers directly.
Myth: Sellers cannot maintain the appraisal function internally (as an in-house operation), without loan production involvement.
Reality: There are several ways in which sellers may staff appraisal functions internally without outsourcing the function to a third party, so long as they maintain separation between risk management functions and loan production staff. To achieve compliance the appraisal function should report to an individual or department outside of loan production. Some examples of eligible individuals or entities within institutions include, but are not limited to, the following:
the risk management department,
the credit department,
the consumer lending department (with no loan production responsibilities),
the compliance office, or
the chief executive office.
For many institutions, the HVCC will not require any changes. However, whether the appraisal function is a fully staffed appraisal department or an individual assigned with the appraisal responsibility, the function can be maintained internally where the reporting line is to someone other than loan production (e.g., any of the entities listed above). Sellers also should make sure that their policies are in compliance with any applicable federal bank regulatory policies by contacting their appropriate bank regulatory agency. Home Valuation Code of Conduct – Myths and Realities Updated: September 2, 2009
Myth: Loan Production staff is prohibited from communicating with appraisers.
Reality: Loan production staff may communicate with the appraisers, but they cannot be involved in selecting, retaining, recommending or influencing the selection of any appraiser for a particular appraisal assignment. Further, loan production staff cannot have any "substantive communications with an appraiser or appraisal management company relating to or having an impact on valuation, including ordering or managing an appraisal assignment."
Myth: Outsourcing appraisal functions to an appraisal management company can reduce costs.
Reality: Given the diversity in the size and structure of lending institutions, it is difficult to conclude that outsourcing necessarily will reduce costs. Lenders incur costs for appraisal risk management whether done in-house or outsourced. Lenders should consider all the costs of compliance, including the costs associated with ensuring appraiser competence and appraisal quality, before making a decision to outsource their risk management functions.
Myth: Outsourcing appraisal management to a third party reduces lender risk.
Reality: Federal bank regulatory agencies have cautioned against reliance on third-party relationships by reaffirming that such relationships may significantly increase a bank’s risk profile, notably its strategic, reputation, compliance and transaction risks1. According to federal banking guidelines, "Increased risk most often arises from poor planning, oversight and control on the part of the bank and inferior performance or service on the part of the third party, and may result in legal costs or loss of business. To control these risks, management and the board must exercise appropriate due diligence prior to entering the third-party relationship and effective oversight and controls afterward."
NEW!! Myth: Appraisers must complete appraisal assignments in compliance with the HVCC, or present a certificate to lenders or appraisal management companies certifying that the appraisal was prepared in compliance with the HVCC.
Reality: The responsibility to ensure compliance with the HVCC for all loans intended for sale to Fannie Mae or Freddie Mac rests with the lender (Section VIII of the HVCC). There is nothing in the HVCC that requires appraisers to take any "pre-engagement" actions to ensure that their business is "HVCC Compliant". The appraiser’s only responsibility is to ensure that each appraisal performed for the lender or AMC is performed in accordance with the Uniform Standards of Professional Appraisal Practice.
It is possible, however, that a lender or an AMC may ask an appraiser to certify that the lender or AMC acted in good faith to comply with the provisions of the HVCC in its dealings with the appraiser on a specific appraisal assignment. For example, a lender or an AMC may ask the appraiser to certify that the lender or the AMC did not improperly influence, or attempt to improperly influence, the outcome of an appraisal by doing any of the things prohibited by Section 1(B) of the Code. However, there is nothing in the HVCC that specifically requires or prohibits lenders from obtaining these assurances from an appraiser. Home Valuation Code of Conduct – Myths and Realities Updated: September 2, 2009
Myth: Use of third party vendors ensures the use of competent appraisers.
Reality: Lenders traditionally have been responsible for ensuring the competency of the appraisers and reliability of the appraisals they use for credit decisions. However, the competency of an appraiser is not measured by scoring compliance with seller servicer guidelines. Processing appraisal orders is a separate function that does not specifically include a review of competency. The function of competency review is best performed by individuals with significant education in appraisal standards and theory.
Further, institutions should consider any potential reductions in quality that might result from outsourcing the appraisal function. To this point, federal bank regulatory agencies recently reminded institutions to consider an appraiser’s competency for any given appraisal assignment.2
Myth: The licensing of an appraiser ensures his or her competency.
Reality: Licensing does not necessarily ensure the competency of an appraiser. The Fannie Mae and Freddie Mac Selling Guides require lenders to review the appraiser’s education and experience. Specifically, the Fannie Mae Selling Guides state:
"A lender must not assume—simply based on the fact that an appraiser is state-licensed or state-certified—that the appraiser is qualified and knowledgeable about a market area or is aware of the appropriate market data sources for the area and will be able to obtain access to them. If an appraiser is not knowledgeable about a particular location, is not experienced in appraising a particular type of property, or is not familiar with (or does not have access to) the appropriate data sources, a lender should not give the appraiser assignments in that market area or for that particular type of property."3
Myth: The HVCC requires that lenders and appraisal management companies utilize rotational panels in making appraisal assignments.
Reality: The HVCC does not require the use of a rotational list of approved appraisers by lenders and appraisal management companies. Appraisers should not be selected for an assignment just because they are "next on the list." Further, lenders are under no obligation to expand the number of appraisers on their appraiser panels as a result of the HVCC. Instead, lenders and AMCs should select the appraiser on their panel that is most qualified and competent to complete the specific assignment. According to Freddie Mac Bulletin 2009-18, "Appraisers must be familiar with the local market in which the property is located, must be competent to appraiser the subject property, and must have access to the data sources necessary to develop a credible appraisal." The Freddie Mac Bulletin further states that "Some markets or properties may require that the appraiser have access to non-traditional data sources in order to provide the Seller with a credible
appraisal. In such cases, the Seller should ensure that the appraiser has access to the necessary market data to support any conclusions about the market." Lastly, Freddie Mac states that "Sellers should consider membership in a professional appraisal organization as a qualification criterion", but that it should not be the only factor used in selecting an appraiser for an assignment. Home Valuation Code of Conduct – Myths and Realities Updated: September 2, 2009
Myth: Real estate brokers and agents are prohibited from communicating with appraisers even if they have no direct interest in a specific sale.
Reality: Real estate agents and brokers, both those directly involved in a transaction and others that are contacted by an appraiser, provide information to an appraiser that is invaluable to the appraiser in developing an accurate and reliable opinion of value. This includes information related to closed and pending sales, terms & conditions of sale, etc. Without this information, an appraiser has a much more difficult time developing an accurate and reliable opinion of value. Agents and brokers, including those that have a direct interest in a transaction, are permitted to communicate with an appraiser and to provide additional information to an appraiser, so long as the communication and information is done in a way that is not intended to influence the outcome of the appraisal.
Myth: Every person on a lender’s staff, all third parties (i.e., AMCs) authorized by the lender, and other persons/entities directly involved in the transaction are prohibited from communicating with an appraiser. Reality: The lender’s staff, the staff of an authorized third party, and any other party in the transaction may communicate with an appraiser to correct factual errors in an appraisal report. Further, anyone who is not part of the lender’s loan production staff or who is not compensated on a commission basis upon the completion of a loan, or anyone who does not report to any officer of the lender not independent of the loan production staff or process may communicate with an appraiser. Appraisers are also permitted to receive other market information for consideration in the analysis, such as closed and pending sales, terms & conditions of sale from real estate agents, home builders, home inspectors, and other third parties. These
entities may communicate with an appraiser so long as the information provided by the party is presented in a way that is not seeking to influence the appraisal results.
Myth: Professional appraisal designations cannot be used when evaluating the qualifications, education and experience of an appraiser.
Reality: The Fannie Mae Selling Guides state that designations may be helpful in evaluating an appraiser's qualifications, particularly when the designation is from a nationally recognized organization. Specifically, the Fannie Mae Selling Guide states:
"Professional appraisal designations can be helpful to the lender in evaluating an appraiser’s qualifications, particularly when the designation is from a nationally recognized organization that has formal experience, education, and ethics requirements that are strongly administered. If the lender considers an appraisal designation in its evaluation, it should be familiar with the appraisal organization’s specific requirements to ensure that the designation is evaluated appropriately."4
In addition, Freddie Mac Bulletin 2009-18 includes consideration of membership in a professional appraisal organization as a "best practice" in evaluating appraiser qualifications. Home Valuation Code of Conduct – Myths and Realities Updated: September 2, 2009
Myth: "Comp checks" which are prohibited under the HVCC without an engaged appraisal assignment are the only way to determine if there is sufficient value in the collateral before proceeding with a loan application.
Reality: Lenders often want to know if there is sufficient value in the collateral before proceeding with a loan application. To determine this in the past, lenders and brokers would request "comp checks" of the appraiser. The HVCC bars lenders from ordering "comp checks" without engaging an appraiser in an appraisal assignment.
Lenders may engage appraisers in appraisal assignments that involve a scope of work that is significantly narrow. For example, the appraiser could provide an answer to the question "is the property worth at least $XX" or
"is it within a certain range," rather than a single point value estimate? This still would be an appraisal; the appraiser would need to complete the necessary research and analysis to answer such a question, and would have to document that analysis properly. Alternatively, the appraiser could be engaged in a consulting assignment to provide raw data to the client to help with their analysis.
NEW!! Myth: The HVCC applies to all mortgage situations, including commercial appraisal engagements.
Reality: The Home Valuation Code of Conduct applies to lenders selling 1-4 single family loans to Fannie Mae or Freddie Mac. It has no applicability to commercial mortgage appraisals.
Final Note: The HVCC is intended to promote independence in the appraisal process and, thus, help ensure that appraisers and the appraisal process may be relied upon as part of sound underwriting for financial institutions.


Posted by Tom Pfeiffer on September 3rd, 2009 11:59 PMPost a Comment (0)

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Reinventing the Appraisal Process: What can be done to change the market's perception of the services the professional appraiser provides?
August 20th, 2009 12:16 AM

Reinventing the Appraisal Process: What can be done to change the market's perception of the services the professional appraiser provides?

Why do consumers prefer Toyotas or Hondas vs. Chevy's, Fords or other American cars? It would seem that most cars provide basically the same features, but year after year Toyota and Honda continue to provide reliability and value beyond that of their competitors in the eyes of buyers.

While American car manufacturers have closed the gap, the public's perception has been fashioned by years of import performance that wasn't matched by American cars. Check any of the automobile rating agencies and at the top will be a long line of “imports” with high marks for quality, performance and reliability.

Reinvent Yourself The appraisal profession is faced with a similar "perception problem".

From the client’s perspective, how reliable are real estate appraisals? Are they better off by letting an AMC (Appraisal Management Company) “handle the hassle” or could they be getting something better and more reliable?

What can be done to change the market's perception of the services the professional appraiser provides? When you consider that the consumer is making perhaps the largest investment of their life with the purchase of a home, logically, they should want assurance that it is a sound investment, something a good appraisal would provide.

We all know that the purchase of a home is an emotional decision and that tends to over-shadow logic. Still, you would think that with the median price of a home in the $200,000 plus range, a $300-$400 investment by the consumer would be a cheap insurance policy and in their best interest prior to taking the housing plunge.

The reality is, consumers don’t know what we do, nor do they know what we could do for them as a consulting type assignment when they are about to make the investment of their lives. Likewise, appraisers often don’t comprehend the needs of their clients nor consider additional services they could provide “collectively” that would be valuable to the client.

The lender is making a large financial commitment, taking on the risk of underwriting the collateral with someone’s best guess (as professional as it may be) at what that property could be sold for in less than “perfect market conditions”. Even with a solid borrower profile, the lender is guaranteeing the value to the secondary market in the form of a “buy-back” commitment.

What could appraisers do to change the process, the rules and the appraisal report that would have the most positive impact on the perception of the appraisal by the client, the agent, the consumer and the secondary market? How can we reinvent the profession, to not only make it more attractive to the client, but more valuable to the underwriting process and therefore a must have?

Fast-Cheap-Good Appraisers think they know what the client wants, "quick turn times and low fees”, however, are they really the key elements from the client's perspective or are there other factors (if provided on a consistent basis) that would shift the market's perception of the services appraisers provide?

What's missing in the equation is the appraiser's comprehension of the client's needs. Toyota, Honda and other foreign automakers capitalized on this concept by changing the public's perception of the quality of the product.

When first introduced to America, Toyota, Honda, etc. were considered low cost or cheap transportation alternatives and they didn't have much success. Subsequently, they began testing their vehicles outside of the US market, for many years before introducing the same vehicle to the American public. Essentially, they got all of the bugs out of the vehicle before the American public ever drove one, a practice that continues to this day.

Perception is reality. What do we really know about the client's needs vs. what we perceive? The client has shown us that they are unwilling to pay a premium fee for the product we deliver. Why do they consider it marginal to their needs? They have abandoned first person dealings with the appraiser in favor of having AMC’s handle the hassle.

What must we do to change the system, product and the client's perception and how can we accomplish this? Step outside the box and cite 5 factors (from the client's perspective) that are (or would be) invaluable to their valuation needs and that could be provided by the appraiser, as opposed to an AVM or BPO.

Two key factors have already been cited above, turn-time and reliability. For the “homework assignment”, low fees are not a consideration and cannot be included. In the scheme of things, cheap, is not a function of the lender, it’s a requirement of the AMCs to make their profit for handing the transaction.

Lenders pass on the cost of the appraisal and other services to the borrower, so unless the lender has an interest in the AMC (and some do), low fees should not be one of the factors on your list. Keep in mind, whatever you suggest should be something that could be mandated on a national basis and that could be completed by any appraiser in any market area.

For example, I have a standard two-page housing market addendum, with economic and demographic information that is very useful and provides the reader with supporting analysis linked to the 1004MC addendum. Aside from what I’ve mentioned above, what would you include?

  • What should all appraisers be mandated to do or what additional services could be provided, that would change the client’s perception of the typical appraisal?
  • How can the profession reinvent itself?
  • If you were the client, investing your money in the market, what would you want to see in the appraisal or the process that you are not seeing now?

Patrick Egger   AUTHOR:  Patrick Egger is a Certified General Appraiser located in Las Vegas, NV. He teaches continuing education classes on the housing market, appraisal issues for real estate agents and appraisers. He can be reached at lvreqa@cox.net  Look for the new Outside The Boxes category for a collection of Patrick's articles on Appraisal Scoop!


Posted by Tom Pfeiffer on August 20th, 2009 12:16 AMPost a Comment (0)

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Fannie Mae seeks $10.7B in US aid after 2Q loss
August 7th, 2009 9:34 AM

Fannie Mae seeks $10.7 billion in new US aid after posting $15.2 billion
second-quarter loss
By Alan Zibel, AP Real Estate Writer
On Thursday August 6, 2009, 7:25 pm EDT

WASHINGTON (AP) -- Fannie Mae plans to tap $11 billion in new government
aid after posting another massive quarterly loss as the taxpayer bill
from the housing market bust keeps growing.

The mounting price tag for the rescue of Fannie and its
goverment-sponsored sibling, Freddie Mac, is surpassed only by insurer
American International Group Inc., which has received $182.5 billion in
financial support from the government so far.

Fannie Mae's new request for $10.7 billion from the Treasury Department
will bring the total for Fannie and Freddie to nearly $96 billion.
Freddie is expected to report its quarterly results on Friday.

The government has pledged up to $400 billion in aid for the two
companies, which play a vital role in the mortgage market by purchasing
loans from banks and selling them to investors. They have been under
government control since last September, when their near-collapse helped
set off the financial crisis.

Together, Washington-based Fannie and McLean, Va.-based Freddie own or
guarantee almost 31 million home loans worth about $5.4 trillion. That's
about half of all U.S home mortgages.

With assets of that size, "it's hard for their problems to be small,"
said Karen Shaw Petrou, managing partner at Federal Financial Analytics,
a consulting firm that advises financial institutions.

Fannie Mae posted a second-quarter loss of $15.2 billion, or $2.67 per
share, including $411 million in dividend payouts. That compares with a
loss of $2.6 billion, or $2.54 per share, in the year-ago period.

"We are dependent on the continued support of Treasury in order to
continue operating our business," Fannie Mae said in a Securities and
Exchange Commission filing late Thursday.

The results were driven by $18.8 billion in credit losses due to
declining housing market conditions, made worse by rising unemployment.
Nearly 4 percent of the loans Fannie Mae owns or guarantees were
delinquent as of June 30, up from 1.4 percent a year earlier.

The two companies lowered their standards for borrowers during the real
estate boom and are reeling from the bust. High-risk loans, now
defaulting at a record pace, have come back to haunt the companies.
Worse still, the recession is causing formerly reliable homeowners with
good credit to default.

The Obama administration is expected to unveil its plans for Fannie and
Freddie early next year. Options being considered include keeping the
companies private, winding down their operations, merging them into a
federal agency or separating out their bad mortgage assets into a new
company backed by the government.

Meanwhile, the head of the federal agency that regulates Fannie and
Freddie Mac, James Lockhart, is stepping down at the end of the month.
Edward DeMarco, chief operating officer of the Federal Housing Finance
Agency, was named acting director on Thursday.

DeMarco, 49, has worked at the agency since October 2006. Before that,
he worked at the Social Security Administration and the Treasury
Department.


Posted by Tom Pfeiffer on August 7th, 2009 9:34 AMPost a Comment (0)

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Protecting Consumers Or Inhibiting Lenders?
August 5th, 2009 4:14 PM

Protecting Consumers Or Inhibiting Lenders?

Vol. 4 | Issue 9 | August 2009

Protecting Consumers Or Inhibiting Lenders?

By Phil Hall

Next month, the House of Representatives will resume debate on H.R.3126, the Consumer Financial Protection Act of 2009. The legislation, based on an initiative developed by the Obama administration, was introduced by Rep. Barney Frank, D-Mass., and Rep. Maxine Waters, D-Calif., and includes the creation of a new federal entity called the Consumer Financial Protection Agency (CFPA).

In testimony last month before the House of Representatives, Peter J. Wallison, the Arthur F. Burns Fellow in Financial Policy Studies at the American Enterprise Institute, noted that the new agency would cover an unusually large amount of regulatory territory.

"The CFPA, as proposed by the Obama administration, is intended to be an independent agency with sole rule-making and enforcement authority for all federal consumer financial protection laws, with the exception of those covered by the Securities and Exchange Commission and the Commodity Futures Trading Commission," he says. "The draft legislation submitted by the administration gives the agency jurisdiction over all companies, regardless of size, that are engaged generally in providing credit, savings, collection or payment services. This is accomplished by transferring to the CFPA most or all of the authorities in 16 federal statutes that cover lending, mortgage financing, fair housing, credit repair, debt collection practices, fair credit reporting, and a multitude of other consumer financial products and services."

Within Washington, the proposed agency has created something of a turf war between the Obama administration and Federal Reserve Chairman Ben Bernanke, who has voiced opposition to having regulatory authority transferred from his agency to the new CFPA.

Industry observers have a mixed reaction to the CFPA. Although some believe the notion of an agency that specifically focuses on protecting the rights of consumers is well intended, others express concern that the new agency will wind up being too overprotective - to the point of inhibiting the full recovery of the ailing mortgage banking industry.

For Dr. Anthony Sanders, professor of finance at George Mason University in Fairfax, Va., having a single regulatory entity that would focus on the financial protection of consumers would help chop away layers of overlapping regulatory entities in Washington, D.C.

"I think integration on consumer-protection regulation is long overdue," he says. "On mortgage lending, for example, we have the Fed, the Department of Housing and Urban Development, the Federal Trade Commission, and who knows who else all trying to write regulations. Integration is good - or it should be, if done correctly."

Dr. Charles Geisst, professor of finance at Manhattan College in the Bronx, N.Y., and author of "Wall Street: A History," concurs.

"It addresses one of the major shortcomings of U.S. financial regulation as we know it," he says. "The crisis has shown that, despite the fact that regulation was in place, it was inadequate. That still needs tightening up."

However, questions are being raised on whether a new agency is needed or if existing regulatory agencies need to do a better job. Michael L. Larssen, president of Larssen Consulting in Clearwater, Fla., acknowledges that Washington isn't lacking in regulatory entities.

"It is hard to argue against an agency that has such a distinguished name," he says. "I think the intent of a centralized focus of one agency for the benefit of the consumer is the main point. All of these bodies that do things differently create a real struggle to work through. The challenge is why a new agency needs to be created when existing agencies have the authority and haven't used it."

One key problem among the agency's critics is the requirement for lenders to offer what is called "plain vanilla" products and services, which are defined as "standard consumer financial products or services" that are "transparent" and "lower risk." Wallison worries that forcing originators to offer these types of products will inhibit product innovation.

"This idea, seemingly quite simple, raises a host of significant questions," he says. "If there is a plain-vanilla product, who is going to be eligible for the product that has strawberry sauce? In other words, once the baseline is established for a product that can or must be offered to everyone, who is going to be eligible for the product that, because of its additional but more complex features, offers financial advantages?"

Mark Calabria, director of financial regulation studies at the Cato Institute, echoes this apprehension.

"If you want to offer adjustable-rate mortgages (ARMs), it will be almost not worth the while," he says. "If you have the government come up with a standard product, it is almost offensive - why not have literacy tests to get an ARM?"

Calabria adds that the CFPA would be structured in a way that would cancel the checks and balances that exist in the multi-layered regulatory structure now in place.

"Consider the people who do Community Reinvestment Act enforcement," he continues. "They approach it by believing every bank is not doing enough lending. But working in the regulatory agencies is someone else who looks at this and is saying, 'Slow down a bit.' My concern is a consumer protection agency with no concern for safety and soundness and no discussion of balance."

Sanders agrees, stating that this is the major stumbling block of the CFPA schematic.

"I think the section that requires lenders to offer plain-vanilla products is horrible," he says. "What defines plain vanilla? Are free prepayment options plain vanilla, or are low-cost, no prepayment option loans plain vanilla?"

For Thomas Pinkowish, president of Community Lending Associates in Essex, Conn., another key problem is who is going to be enforcing these regulations.

"To set up a huge new agency, where are they going to find the people to run it?" he asks. "Are they going to rip them out of existing agencies? Everyone there will have to learn what to do. Think of the cost of recreating the wheel, which will be passed on to consumers - it is better to spend money on existing examiners and enforcing existing laws."

If the CFPA becomes a reality, it could easily be attributed to the negative image that many Americans have of the financial services industry.

"To justify this new level of interference in the market, the government relies on the myth that the financial crisis, including the precarious finances of those who borrowed money through mortgages or maxed-out credit cards, is largely the fault of devious lenders manipulating and exploiting innocent consumers," says Alex Epstein, a business analyst with the Ayn Rand Institute in Irvine, Calif. "This is nonsense - no one has provided any evidence for a mass epidemic of fraud. The crisis is fundamentally the result of borrowers and lenders knowingly lowering their standards, incentivized by a government that, in effect, lent out money for free (below the rate of inflation), that guaranteed risky mortgage loans and that repeatedly denied a real estate bubble. It is government manipulation, not lender manipulation, that caused Americans to take on enormous, unsustainable amounts of debt."

For David Lykken, managing partner of Mortgage Banking Solutions in Austin, Texas, CFPA may not be the end of the regulatory road, but a beginning of a new and potentially unpleasant journey for mortgage bankers.

"It is not a surprise that the blame for the unraveling of the entire economy lands at the feet of the housing and mortgage market," he says. "Brace yourself - this is the tip of the iceberg. It will add a burden and cost structure to doing loans - which will be paid in fees to consumers. Yes, the consumers are the very ones who will be paying for this."

(Please address all comments regarding this article to Phil Hall, editor of Secondary Marketing Executive, at hallp@sme-online.com.

© Copyright 2009 Zackin Publications Inc. • All Rights Reserved.
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Posted by Tom Pfeiffer on August 5th, 2009 4:14 PMPost a Comment (0)

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Risk Of No Down Payment Mortgages
July 11th, 2009 11:10 AM
Risk Of No Down Payment Mortgages

There is longstanding and overwhelming statistical proof
<http://mortgagedfuture.com/fha-ready-to-join-fannie-and-freddie/> that
zero down payment home buyers default on mortgages at a far higher rate
compared to home buyers who make a down payment. This matter has lately
received more attention than in the past due to the large number of
foreclosures related to zero down payment purchases during the housing
bubble years. In 2005, for example, nearly half of all home purchases
were made with zero down payment mortgages.

Zero Down Payments = Foreclosures

FHA Delinquency Crisis <http://whistleblower.ml-implode.com/?p=22>

Could FHA's rising delinquency rate be due to FHA incorporating
risky practices that have become standard in the mortgage industry?
Since industry experts often cite 100% financing as being a major factor
in the mortgage meltdown, let's take a look at borrower down payment
sources:

The delinquency rate clearly rises in tandem with the increase in
non-profit funded down payments.

In 2005, HUD commissioned a study entitled "An Examination of
Downpayment Gift Programs Administered By Non-Profit Organizations".
Later that year, another report titled "Mortgage Financing:
Additional Action Needed to Manage Risks of FHA-Insured Loans with Down
Payment Assistance" was completed by the U.S. Government
Accountability Office. Both studies concluded that seller funded down
payment assistance increased the cost of homeownership and real estate
prices in addition to maintaining a substantially higher delinquency and
default rate.

No Skin In The Game
<http://online.wsj.com/article/SB124657539489189043.html>
The analysis indicates that, by far, the most important factor related
to foreclosures is the extent to which the homeowner now has or ever had
positive equity in a home.

Instead, the important factor is whether or not the homeowner currently
has or ever had an important financial stake in the house. Yet merely
because an individual has a home with negative equity does not imply
that he or she cannot make mortgage payments so much as it implies that
the borrower is more willing to walk away from the loan..

[No Down Payment]

No Down Payment

Courtesy: WSJ <http://online.wsj.com/article/SB124657539489189043.html>
Wells Fargo (WFC <http://seekingalpha.com/symbol/wfc> ) Initiates Down
Payment Assistance Program
Ignoring the overwhelming evidence of high default rates on zero down
payment purchases, Wells Fargo this week announced a major nationwide
down payment assistance program (DAP) to be used for down payment and/or
closing costs on FHA, VA and conforming loans. Incredibly, the program
is being advertised as a means of helping low to moderate income
applicants achieve the "American dream" of home ownership. Based
on the historical evidence, Wells Fargo is sowing the seeds for the next
major crop of foreclosures. Incredibly, this is being done even as the
current foreclosure crisis grows in intensity.

Approving mortgages that immediately put new homeowners at a high risk
of default is financial lunacy and a disservice not only to the
homeowner but to a nation already in financial chaos due to defaulting
homeowners.

Down Payment Assistance Programs (DAPs) Help More Low- and
Moderate-Income Borrowers Achieve Home Ownership. Refer your low- to
moderate-income applicants to local housing agency contacts and help
them achieve home ownership by using one of these Downpayment Assistance
Programs (DAPs) approved for use with a Wells Fargo Wholesale Lending
first mortgage. DAPs provide financial assistance for qualified
borrowers and, depending on the program, may be used for debt reduction,
down payment and/or closing costs on FHA, VA and Conforming Conventional
loans.


Posted by Tom Pfeiffer on July 11th, 2009 11:10 AMPost a Comment (0)

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The Impact of HVCC
July 8th, 2009 3:11 PM

On Appraisals: The Impact of HVCC

July 6, 2009

By Jed Smith, Managing Director, Quantitative Research

A preliminary analysis indicates that the implementation of the Home Valuation Code of Conduct (HVCC) appears to be having adverse impacts on the housing markets. Appraisal issues associated with the implementation of HVCC have recently been in the news. NAR Research has developed information on the subject through a statistically representative survey of the membership. A preliminary analysis of Realtor® responses includes the following:

  • Approximately 76 percent of Realtors® representing buyers or sellers indicated that the time to obtain a completed appraisal increased after May 1; 69 percent of those reporting increased appraisal times reported an increase of over 8 days.
  • Lost sales were reported by 37 percent of Realtors® attempting to complete home sales, with 17 percent reporting one lost sale and 20 percent reporting more than one lost sale.
  • Reports of lost sales will impact the fallout rate in Pending Home Sales, although some of the sales may ultimately be completed on a delayed basis.
  • An increased use of out-of-area Appraisers was reported by 70 percent of Realtors® seeking to complete a sale.
  • The number of NAR Appraiser members reporting that they obtain over 50% of assignments from AMCs increased from 14 percent to 39 percent after May 1.
  • Approximately half of NAR Appraiser members reported a reduction in fees received by them, and 70 percent of NAR Appraiser members reported that consumers were paying higher fees.
  • Time for an appraiser to submit an appraisal to the AMC decreased, as reported by 71 percent of NAR Appraiser members.
  • Approximately 85 percent of NAR Appraiser members reported a perceived reduction in appraisal quality.
  • Among Realtor® respondents obtaining an appraisal for a client, 55 percent reported a perceived decrease in appraisal quality.
  • NAR Appraiser members reported a significant number of assignments in unfamiliar geographic areas: for example, 16 percent reported that more than 11 percent of their assignments were in unfamiliar areas.

The above are preliminary results of the survey. An analysis of survey responses at the state level is projected in the near future.

This is one in a series of commentaries by the Research staff of the National Association of REALTORS®. Read more commentaries >

Comments? Questions? E-mail NAR Research.


Posted by Tom Pfeiffer on July 8th, 2009 3:11 PMPost a Comment (0)

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Although rates rise affordability continues to rise.
June 8th, 2009 6:22 AM

After months of low rates some of which broke long-time records, mortgage interest rates shot up drastically during the week ended June 4.

Freddie Mac released the results of its Primary Mortgage Market survey this morning, showing that the 30-year fixed-rate mortgage (FRM) for the week averaged 5.29 percent with 0.7 point.  This is the highest rate for the 30-year FRM since the week ended December 18, 2008 when the average was 5.19 percent.  The new number is an increase of 37 basis points over last week's average 4.91 percent with 0.7 point.

The 15-year FRM increased 25 basis points from the previous week to average 4.79 percent.  Fees and points were unchanged at 0.7.  The 15-year was last at these levels during the week ended February 12 when the average was 4.81 percent.

The five-year Treasury-indexed hybrid adjustable-rate mortgage (ARM) was also up, but not as dramatically.  The average last week was 4.85 percent with 0.6 point compared to the previous week when it averaged 4.82 percent also with 0.6 point.

The one-year Treasury-indexed ARM jumped to 4.81 percent from 4.69 percent.  Fees and points remained at 0.6 point.


"30-year fixed-rate mortgage rates caught up to the recent rise in long-term bond yields this week to reach a 25-week high, " said Frank Nothaft, Freddie Mac vice president and chief economist. " And the slowdown in the housing market has now detracted from economic growth for the past 13 quarters, the longest quarterly stretch since at least 1947, according to the Bureau of Economic Analysis.  In the first quarter of 2009 alone, residential fixed investment shaved 1.4 percentage points off of real GDP growth, the most since third quarter of 2006.

"Yet, there are signs that the housing market may be moderating.  Housing affordability rose in April to the second highest reading since January 1971 when records began, according the National Association of Realtors® (NAR).  As a result, pending existing home sales rose for the third consecutive month by 6.7 percent in April and represented the largest monthly increase since October 2001.  Three of the four regions experienced increases, led by a 33 percent jump in the Northeast, the NAR reported."

There were also substantial increases in the weekly yields reported by Fannie Mae on Monday.  For the week ended May 29, the 30-year FRM increased from 4.49 percent to 5.02 percent.  The 15-year FRM averaged 4.42 percent compared with 4.04 percent a week earlier, and government guaranteed FHA/VA mortgages jumped from 5.34 percent to 5.88 percent. The one-year ARM increased only slightly from 3.42 percent to 3.48 percent.

All Fannie Mae yields are reported net of servicing fees.



Posted by Tom Pfeiffer on June 8th, 2009 6:22 AMPost a Comment (0)

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Half a Billion Dollars Says U.S. Is Getting Serious About Busting Fraud
June 1st, 2009 9:47 AM

Half a Billion Dollars Says U.S. Is Getting Serious About Busting Fraud

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Saturday, May 30, 2009

It may not have made a big splash on network news or in print, but for real estate it was the equivalent of a congressional declaration of war -- a war against mortgage fraud.

Just as security and intelligence agencies were given huge funding boosts by Congress after 9/11, the FBI, Justice Department, Secret Service and U.S. Postal Service combined have gotten half a billion dollars in new funding authority to investigate and prosecute individuals and companies suspected of mortgage fraud. President Obama signed the legislation May 20.

The targets range from people who lie about their incomes on home mortgage applications to highly organized roving networks of "foreclosure relief" scammers who bilk money out of homeowners seeking mortgage modifications.

Known as the Fraud Enforcement and Recovery Act of 2009, the legislation will fund new SWAT teams of fraud-busters and broaden federal legal powers to go after individuals and mortgage operations that currently get attention -- if at all -- only at the state or local levels. The law also creates a Financial Crisis Inquiry Commission with broad powers to investigate who and what got us into the real estate mess, starting with the subprime boom, Wall Street hanky-panky and more recent bank failures.

How bad is mortgage fraud? The Treasury Department estimates it causes losses of $15 billion to $25 billion a year to consumers and the mortgage industry. FBI Director Robert Mueller told Congress that his agency's mortgage fraud caseload has tripled in the past three years. Reports of potential fraud filed with the Financial Crimes Enforcement Network exceeded 65,000 in 2008 -- up from about 25,000 in 2005 and just 5,400 in 2002. Officials say the recession and the end of the housing boom have actually stimulated more fraud rather than the reverse.

What do these frauds look like and where are they occurring? The Mortgage Asset Research Institute performs an annual study of the problem for the Mortgage Bankers Association, and its 2009 report found that:

-- Roughly two-thirds of all frauds involve deceptions at the application stage. For example, some borrowers tell the lender they plan to occupy and use the property as their main residence, but they really plan to turn it into a rental unit. That use often gets the applicant a lower rate on the loan, but it's a violation of federal law.

 

-- About 28 percent of frauds last year involved deliberate misinformation about tax returns or financial statements. Fake IRS filings can be created with readily available software programs, and documentation of financial assets can be manipulated as well. Around 21 percent of fraudulent applications contained faked deposit verifications last year.

Some fraudsters even go so far as "renting" bank deposits to loan applicants who need to bolster their financial profile. For a fee of $1,000 and higher, you can become the "owner" -- at least on paper, for a short period of time -- of an actual bank account controlled by the asset rental company. The lender receives a verification of a deposit in your name but has no idea you're only renting the bank account to hoodwink underwriters.

-- Appraisal shenanigans rank high as well and were involved in about 22 percent of fraud cases in 2008. Appraisal fraud -- typically inflated valuations intended to squeeze more mortgage money out of the lender -- may be more commonplace than the statistics. Many overvaluations are modest enough to avoid detection but large enough to get the loan closed, thereby increasing subsequent risk of loss to the lender.

-- Other widespread forms of home-loan fraud include faked employment verifications, misinformation on closing or escrow documents, and credit reports or scores that have been manipulated to get unqualified borrowers approved -- or lower interest rates -- or both.

According to the 2009 report from the mortgage researchers, the top 10 states where disproportionate numbers of frauds occur are not necessarily where you'd guess. For example, the No. 1 state for mortgage frauds last year was tiny Rhode Island. Next came Florida, Illinois, Georgia, Maryland, New York, Michigan, California, Missouri and Colorado.

Maryland had the highest percentage of frauds involving bogus tax returns. In California, nearly 40 percent of fraudulent applications carried incorrect verifications of deposits or bank statements.

With the federal agencies gearing up new prosecution teams devoted to detecting and fighting mortgage fraud, scammers should be on notice: Now more than ever, you're likely to end up before a grand jury, get smacked with a big fine or do prison time.

Ken Harney's e-mail address is kenharney@earthlink.net.



Posted by Tom Pfeiffer on June 1st, 2009 9:47 AMPost a Comment (0)

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