July 16, 2006

NARLO Pushing For Mandatory Training


A delegation from the National Association of Responsible Loan Officers (NARLO), the trade association of mortgage loan originators, recently visited with lawmakers in Washington, D.C., to discuss loan officer issues.

NARLO was represented by Ella Gurfinkel of Executive Financial Solutions Inc., Portland Ore.; Christopher Cruise, Baltimore, Md.; and Robert Skrob, NARLO executive director.

The highlight of the group’s trip to Washington was its meeting with Brian Montgomery, Federal Housing Administration commissioner and assistant secretary for housing at the U.S. Department of Housing and Urban Development (HUD).

The representatives from NARLO were joined by John L. Garvin, senior advisor; Lily Lee, deputy assistant secretary for single family housing; Phil Murray, associate deputy assistant secretary for single family housing; and Margaret Burns, director, Office of Single Family Program Development.

“The members of the National Association of Responsible Loan Officers are fed up with mortgage loan fraud and the low barriers to entry into the mortgage industry,” Skrob said. “For NARLO members, minimum licensing standards are not acceptable. We must clean up our industry, and to do that we must require all entrants into our industry to undergo a minimum of 40 hours of training, testing and background checks.”

The National Association of Responsible Loan Officers represents the 400,000 mortgage loan originators throughout the country that are employed by mortgage brokers. NARLO fights mortgage fraud by advocating stricter standards for loan officers and through public education.
 




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This Week’s Bond Market News

This week brings us the release of five important economic reports for the bond market to digest. Several of these reports are considered to be of high importance, meaning we will likely see volatility in the financial markets and mortgage pricing over the next several days. There are also plenty of corporate earnings releases scheduled for the stock market thi s week along with the recent geopolitical events in the Middle East that could add additional volatility to stocks and lead to changes in bonds and mortgage rates. Throw in a few days of Fed testimony and we have the makings for a very interesting week.

The first piece of data comes Monday morning with the release of June’s Industrial Production data at 9:15 AM ET. This data measures output and U.S. factories, mines and utilities, giving us an indication of manufacturing sector strength. It is expected to show a 0.4% rise in production, indicating that the manufacturing sector showed moderate growth during the month. A smaller than expected increase would be good news and could help push mortgage rates slightly lower.

Tuesday’s big news is the release of June’s Producer Price Index (PPI). The PPI is very important because it measures inflationary pressures at the producer level of the economy. It is expected to show a 0.3% increase in the overall reading an d a 0.2% rise in the core data reading. The bond market should react quite favorably to weaker than expected readings, but a bigger than expected jump in the core reading could send mortgage rates higher.

Next on tap is Wednesday’s release of June’s Consumer Price Index (CPI). It is a mirror of Tuesday’s PPI with the exception that the CPI measures inflation at the more important consumer level of the economy. Analysts have forecasted a 0.2% increase in the overall index and a 0.2% rise in the core data. The core data is considered to be the key reading of both the PPI and CPI because they exclude more volatile food and energy prices, giving us a more stable measure of inflation. Higher than expected readings could raise inflation fears and push mortgage rates higher both days.

Also due to be posted Wednesday morning is June’s Housing Starts report. This data gives us an indication of housing sector strength, but is not considered to be of hig h importance. Analysts are currently expecting to see a decline in new starts of housing projects. With the CPI being posted at the same time, I don’t see this data having an impact on mortgage rates Wednesday.

Fed Chairman Bernanke will speak before the Senate Banking Committee Wednesday morning at 10:00am ET. His testimony will be broadcasted and will be watched very closely. Analysts and traders will be looking for the status of the economy and his expectations of future growth, particularly inflation concerns. This should create a great deal of volatility in the markets during the testimony and the question and answer session that follows. If he indicates that inflation is a threat to the economy, we will likely see the bond market tank and mortgage rates rise.

It is extremely difficult to predict what he will say. Regardless, I am expecting to see a fair amount of movement in mortgage pricing Wednesday morning and early afternoon. He will r epeat his testimony before the House Financial Services Committee Thursday morning, but is not expected to vary his speech much from Wednesday’s. This makes it likely that his testimony Thursday will have little impact on mortgage rates.

The only other report of any relevance scheduled for this week is June’s Leading Economic Indicators (LEI) at 10:00 AM Thursday. This Conference Board index attempts to measure economic activity over the next three to six months. While it is not a factual report, it still is considered to be of relative importance to the bond market. It is expected to show a 0.1% increase, meaning that we may see a slight increase in economic activity over the next few months. A decline in the index would be good news for the bond and mortgage markets.

Also worth noting is Thursday’s release of the minutes from the last FOMC meeting. There is a possibility of the markets reacting to them following their 2:00 PM ET release, espec ially if they show some divisiveness by its members when voting for the last increase to key short-term interest rates. Overall though, I think we will see the most movement in mortgage pricing this week on Tuesday or Wednesday due to the release of the inflation related indexes and Mr. Bernanke’s testimony.

If I were considering financing/refinancing a home, I would…. Lock if my closing was taking place within 7 days… Float if my closing was taking place between 8 and 20 days… Float if my closing was taking place between 21 and 60 days… Float if my closing was taking place over 60 days from now… This is only my opinion of what I would do if I were financing a home. It is only an opinion and cannot be guaranteed to be in the best interest of all/any other borrowers.

a la mode


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Bankrate Ignored Advertisers’ Bait & Switch Scams

A lawsuit against one of the Web’s premier sites to shop for a mortgage underlines the difficulty consumers can have in locating reliable financial information online.

The lawsuit is against Bankrate Inc., the financial publisher behind the popular bankrate.com site that draws millions of visitors yearly through partnerships with Yahoo!, AOL and other top online companies. Bankrate provides advice, loan calculators and articles on financial topics. It supplies interest-rate data to eight of America’s 10 largest newspapers, including The Wall Street Journal. It also caters to lenders, who compete to attract borrowers by posting their deals on bankrate.com.

But the company’s reliability as a consumer tool is being challenged in the lawsuit, filed by a former advertiser, that accuses the company of allowing its Web site to become a haven for "bait-and-switch" loan pitches. Testimony and internal company documents filed with the court show Bankrate has fielded hundreds of complaints about mortgage lenders who fail to deliver the rates they advertise; one lender told a Bankrate employee a consumer would need "a direct pipeline to God" to qualify for its advertised rate. The legal battle, which began in 2002, is scheduled to come to trial this fall.

Bankrate says the lawsuit is "factually and legally without merit." Thomas Evans, Bankrate’s chief executive officer, says that since he took over in 2004, the company has stepped up efforts to make sure lenders stand behind their advertised rates and won’t hesitate to suspend advertisers who break the rules. Before, it was "like asking Barney Fife to monitor the town and not giving him a gun," he says. "It’s a much more aggressive policy today than it was two years ago."

The court battle illustrates the potential hazards in the fast-expanding world of online commerce and highlights the need for healthy skepticism about experts who provide data and advice while at the same time benefiting from the sale of financial products.

Residential mortgages taken out online have totaled $100 billion a year on average since 2003, estimates Inside Mortgage Finance, a trade publication that tracks home-loan data. Some financial experts recommend bankrate.com and other Internet sites, including LendingTree, a unit of IAC/InterActiveCorp, and E-Loan, owned by Popular Inc., as useful tools for comparing a wide range of deals on financial products, in addition to getting quotes from local lenders.

Bankrate’s legal battle traces back to 2002, when online mortgage lender American Interbanc Mortgage LLC, of Irvine, Calif., sued several lenders advertising on bankrate.com, accusing them of false advertising. It added Bankrate as a defendant a year later, alleging Bankrate ignored evidence of bait-and-switch advertising and yielded to pressure from other defendants to kick American Interbanc off its Web site. The suit, being heard in Orange County Superior Court, seeks $16.5 million in damages and a minimum $33 million in punitive damages, according to a Bankrate regulatory filing.

Bankrate says in court papers that it declined to renew American Interbanc’s contract in August 2002 after the relationship reached an intolerable "level of hostility."

At the center of the case is a bankrate.com feature that asks mortgage shoppers to enter information about the mortgage they want, including their location, the desired loan type and how much they want to borrow. The Web site provides a "rate table" that lists offers from a number of lenders advertising on the site.

Mike Dannelley, American Interbanc’s founder, alleges customers who click through to specific lenders often aren’t given the deals that are offered on the rate tables. Although borrowers aren’t required to take the more costly loan, the practice can waste time in booking a mortgage and leaves some consumers vulnerable to accepting a higher rate.

Mr. Dannelley’s lawyers claim their review of Bankrate records identified 529 complaints, from consumers and lenders, who claimed Bankrate’s advertisers weren’t playing fair. Most of the complaints were lodged before Mr. Evans took over as Bankrate chief in June 2004, though some date to late 2004 and 2005.

In one complaint last year, Steve Knerly, a federal law enforcement instructor in Glynco, Ga., says a bankrate.com lender failed to honor an offer for a 3.875% adjustable-rate mortgage, which it posted on the Web site and then reiterated after he went through a "pre-approval" process, according to court records. The lender said it was a mistake, but "I felt it was just a pure and simple bait-and-switch deal," Mr. Knerly said in an interview. Instead, he found an adjustable loan starting at 4.25% through a mortgage broker.

Bryan Snow, who wrote Bankrate to complain in late 2003, said in an interview that several lenders he found on bankrate.com quoted him rates and fees that were higher than what they had advertised on the site. "You start to pick a rate that’s a point higher than the lowest rate that’s listed, because you assume those are the more-credible companies," says Mr. Snow, who works as a communications director in Charlotte, N.C.

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Lenders not worried about the expiring ARMs

The raising of interest rates on millions of adjustable rate mortgages over the next several years has all the makings of a classic horror story.

As home prices appreciated from ridiculously high to unbelievably higher, more Americans began using mortgages that allowed them to buy more house for less of a monthly payment. Next year, a large portion of those rates move up and homeowners who opted for the exotic mortgages could find their payments doubled. Talk about bloody. They need to find a way to minimize the pain.

Many will refinance their loans. But for others, whose mortgages now exceed the value of their homes or whose debt payments exceed 40 percent of their incomes, there may be no other solution than to get out of their houses. With the housing market cooling, selling it may not be easy. Some may default on their loans.

With more homes on the market, prices could begin to fall. That reduces home equity — the difference between the amount borrowed and the total value of the home — and could force people whose loans change in 2008 and 2009 to consider selling, further accelerating the drop in prices. Some of those cities with the highest proportions of interest-only loans are also at the greatest risk of falling prices.

Mortgage lenders, however, say they are not worried. Economists say even the worst-case outcome will not have much impact on the overall national economy. Christopher L. Cagan, director of research and analytics at First American Real Estate Solutions, points out that mortgage industry losses of $110 billion spread over several years would amount to a mere 1 percent of the total national homeowners’ equity of $11 trillion and a hiccup in the gross domestic product

On a personal level, however, there is going to be pain as homeowners struggle to make higher payments. In 2003, of all new mortgages, 10.2 percent were interest-only, meaning the homeowner paid only the interest for the initial period of the loan. According to Loan Performance, a research firm, 26.7 percent of all loans were interest-only last year and another 15.3 percent were payment-option adjustable rate mortgages, which allow homeowners to choose how much they paid each month.

In some areas of the country where homes are expensive, these loans were highly popular. In most California cities, as well as in Denver, Washington, Phoenix and Seattle, interest-only loans represented 40 percent or more of all mortgages issued in 2005.

Traditionally, interest-only loans and adjustable-rate loans were used by people who expected to live in a house only a short time, but such loans have turned into “affordability products” as housing prices rose. The interest rate on the loans, while below that of conventional 30-year fixed-rate mortgages at the beginning, resets after 3, 5, 7 or 10 years, depending on the loan. So, homeowners who took out loans in 2004 could find, for example, that their initial 4.25 percent loan climbs to 6.25 percent or 7.25 percent next year.

Someone now paying $350 a month for a $100,000 interest-only loan could be facing payments of $680 both because of the shift to the higher rate and because the borrower would have to start paying off the principal as well as the interest.

“You need a couple of good pay raises in order to afford it,” said Mark Fleming, chief economist with CoreLogic, which develops risk models for the mortgage lenders. “It’s pretty hard to deal with a payment shock of 80 percent or 90 percent,” he said.

The mortgage industry is not worried about payment shock. Why?

“It offers an opportunity,” said Brad Brunts, managing director of portfolio management at Citi Mortgage, a unit of Citigroup.

He, like others in the mortgage industry, sees the higher payments as a boost to the flagging mortgage refinancing business. Lenders will adjust about $500 billion in mortgages this year and $700 billion next year, according to Freddie Mac, the quasi-government agency that repackages mortgages for investors. Expect to find the mailbox stuffed with refinancing offers.

Mr. Brunts said only a minority of mortgage holders will face real problems. Most will successfully refinance and though they will pay more, he thinks they will be able to make the payments.

Anyone with a rate that will increase in the next few years, however, ought to worry. If homeowners have an adjustable-rate mortgage, they can hope or pray that there is a recession severe enough for the Federal Reserve Board to lower interest rates. But they would also have to hope or pray that the recession was not so severe that they lost their jobs.

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