FED SURPRISES ANALYSTS – RATES TO REMAIN LOW THROUGH 2014

In a move that can only be described as “out of left field,” the Federal Reserve’s Open Markets Committee (or FOMC) released a post-meeting statement yesterday indicating that it would keep the target fed-funds rate around 0.00% – 0.25% through the end of 2014 in order to keep the economy growing.  This is an absolutely unprecedented statement, as it looks forward three years.  As you might expect, both U.S. Treasury and mortgage-backed securities (MBS) rallied hard, and we ended up closing up about 50bps on the day in the MBS market.  Prior to the announcement, the Fed had indicated that rates would remain low through the middle of 2013.

WHY THIS?  WHY NOW?

The Fed has indicated that there are “significant downside risks” to the U.S. economy in the months ahead, specifically in the areas of unemployment and (no surprise to any of you) housing.  Additionally, Europe remains the 800-pound gorilla in the room, with all eyes on Greece as it yet again tries to negotiate concessions from its creditors to avoid a “hard default.”  As I’ve been saying for almost a year now, it is a virtual certainty that Greece will experience some sort of default – whether soft (lenders voluntarily accepting a “haircut” in Greek debt) or hard (a refusal to make interest payments).  In fact, it looks now like that default may come as early as March.  If it is a hard default, that will trigger payments to investors under insurance contracts (known as “credit default swaps” or “CDS”).  Couple the payments that will have to be made on the CDS by the policy issuers (largely banks) with the losses incurred by institutional investors (also banks) not receiving interest payments on the defaulted debt, and we have a high likelihood of the entire European banking system being thrown into crisis and the world – including the United States – being thrown back into recession. 

Even if Greece manages to renegotiate its debt again this time, eventually the austerity measures may lead its citizens to vote out the current government and replace it with one that will default on the debt, take the country off the euro and end up back on the drachma (which carries with it a whole different set of pain points, but that’s beyond the scope of this post).  Should the world manage to weather the storm that is Greece, the specter of Spain’s problems (and Portugal’s and Italy’s too) looms on the horizon.  In other words, the headwinds are great and the Fed recognizes that.

Interestingly, much is being made of this morning’s positive economic news that durable goods orders jumped much higher than expected last month.  This is the latest in a string of reports that may lead some to conclude that we’re almost to the “happy days are here again” point.  Unfortunately, new home sales dropped again, making 2011 the worst year on record, AND the index of leading economic indicators (indicators of future economic activity), although improved, fell significantly short of expectations.  I still remain cautiously optimistic (economically) in the short term, but the leading economic indicators are a key piece of the puzzle to keep focused on in the upcoming months.  If today’s reading wasn’t just a “blip” and we see a downward trend, that will indicate that the U.S. economy is beginning to slow.

WHAT NEXT?

I’m sure that many of the originators reading this post are excited about the drop in rates that they saw on rate sheets over the past 36 hours – as well they should be!  However, I would strongly advocate that you use caution when advising borrowers regarding rate locks.  It’s only natural that borrowers hear the news about the Fed and think that mortgage rates are going to plunge; most borrowers don’t realize that the Fed does not control mortgage rates.  I am of the opinion that we won’t see much further of a decline in mortgage rates UNLESS Greece (or Spain) starts the default chain-reaction across the Atlantic. Then all bets are off. 

Although I do believe that default will come – at least to Greece – it is impossible to say when it will occur.  While floating shouldn’t hurt borrowers in the short term because there’s not really much that would lead to a spike in rates at the current time, don’t advise a borrower to float and postpone closing, waiting for that extra 1/4 of a point in rate.  It simply doesn’t make sense from my perspective; why sacrifice an unprecedented low rate and postpone real-dollar savings in the hope that you just might – maybe – see a 1/4 better over the next few weeks or months?  Remember the old Wall Street adage: “bulls make money, bears make money, pigs get slaughtered.”

Now, let’s go find a client and sell a home or a loan!

President Obama to Make ‘Recess Appointment’ of Richard Cordray to Head CFPB

Move has widespread impact for mortgage bankers and brokers.

As was widely expected, the president today announced that former Ohio Attorney General Richard Cordray will be appointed to the position of Director of the Bureau of Consumer Financial Protection (or “CFPB” – Consumer Financial Protection Bureau) while Congress is on recess.  The appointment is intended to circumvent a filibuster that was being staged by 42 senators who wanted to see changes made to the underlying Dodd-Frank legislation before allowing a vote on Cordray’s confirmation. 

What does this mean? My CE students already know.

Those of you who took my continuing education course in 2011 are intimately familiar with both Cordray and the CFPB and understand more than most that this move is NOT an insignificant one.  Without an official director, the CFPB could not utilize many of the powers that were granted to the agency in the Dodd-Frank legislation.  Now that Cordray will be taking the reins of the organization, the CFPB will be able to wield its full power – including supervisory authority over non-bank originators (i.e. mortgage banks and brokers) and rulemaking authority that will impact these businesses (i.e. most of you reading this post).  This move also paves the way for the CFPB to issue the new combined GFE/TIL disclosure that has been in development for the past year, as well as a redesigned HUD-1 settlement statement.  Expect to see those rolled out over the next few months, with a final implementation date later in the year.  Also, we should expect to see a mortgage loan originator “duty of care” rule issued soon as well, clarifying our responsibilities to safeguard borrowers from harm.  I have no advance knowledge of what that will look like, but I will certainly share the critical points with you when it is released.

Possible bump in the road.

There is one minor detail that may pose a bit of a bump in the road for Cordray: Congress is not officially in recess.  The Constitution prohibits either chamber from recessing for longer than three days without the consent of the other chamber.  In this case, the House of Representatives objected to the Senate going into recess, which triggered a series of “pro-forma” sessions where one member of Congress opens and closes a session (of an empty House of Representatives) once every three days.   There are some constitutional questions surrounding this appointment, but Congress has no grounds to challenge this in court.  Any challenge to the appointment’s constitutionality would have to be made by an individual or organization directly affected by the CFPB.  Some members of Congress indicated earlier this morning that they thought such a challenge would be forthcoming.  While this may be true, it will take time, and there is no guarantee of the eventual result. 

Get your house in order – NOW!

The bottom line is, those of you in compliance or ownership positions at non-bank lenders and brokers would be wise to ensure that your business practices are free of unfair, deceptive and abusive acts and practices (UDAAP) and that you’re ready to adapt to any significant changes that may be coming down the pipe.  I also strongly recommend that you obtain a copy of the CFPB’s “Supervision and Examination Manual” to give you a strong reference point for the items that the CFPB will be looking for when conducting examinations of companies (audits).   This is doubly true for any of you who are engaged in servicing loans.

Happy new year to all, and be sure to continue watching this space for updates on critical issues that will affect you in the future.  Happy originating!

FHA Extends Anti-Flipping Rule Waiver Through 2012

On Friday, the Federal Housing Administration announced that the ‘anti-flipping rule,’ which prohibits a buyer from purchasing a property using FHA financing if the seller has owned the property for fewer than 90 days prior to the date the contract was written, has been waived through December 31, 2012.

 HUD initially waived this rule in 2010 in order to remove barriers for individuals wanting to purchase properties that were recently acquired by investors through the foreclosure sale process.  Recognizing that the foreclosure rate is still dramatically elevated across the country, HUD has taken the necessary steps to ensure that the waiver remains in place through 2012.  We expect a notice about this action to be posted on HUD.gov and/or FHA.gov soon.

EXTENSION OF PAYROLL TAX CUT CONTAINS A HIKE IN MORTGAGE FEES

It’s official!  Congress has passed a two-month extension of the payroll tax cut that was initially implemented to put more money in the hands of consumers each week.  Unfortunately, the extension is funded by a hike in the fees that Fannie and Freddie charge banks for the government guarantee that’s now on all of the mortgage-backed securities (MBS) they issue.  Two brief comments before I leave for the holiday:

  1.  This is the first time in history that a fee has been placed on mortgage originations to fund something completely unrelated to the mortgage market.  As such, this is effectively a new TAX and not a fee, as they call it in the bill.
  2. Does Congress really think that banks are going to be the ones paying this fee? As Paul Muolo over at Origination News so eloquently put it, “If they do, maybe Santa will come sliding down their chimneys in two days.”  All this does is raise the cost of purchasing or refinancing a home, and it comes just at the time that the news from the housing market isn’t all doom and gloom. Merry Christmas, homeowners!  You just got stuck paying for someone else’s Christmas gifts…

URGENT: Attention Licensed Illinois Loan Originators Without An Active Sponsor

If you are a LICENSED Mortgage Loan Originator in the State of Illinois and you have gone to work for a depository institution (or are no longer actively originating), the state has made it possible to maintain your MLO license in an INACTIVE status (provided you did not let it expire after 2010). This will help you avoid having to ‘start over’ if you want to transition back to originating for a state-licensed mortgage broker or mortgage bank in the future. In order to do this, you should log-in to the NMLS and renew your license on or before December 31 to avoid late fees. (February 29th, 2012 is the deadline for LATE renewal.)

In order to submit your renewal request, you must complete 8 hours of NMLS-Approved continuing education for 2011. (We can help you with that!)

REAL ESTATE AGENTS – Freddie Mac is Offering You a Holiday Gift

If you’re a real estate agent looking to pick up a little extra cash this holiday season (and which one of us isn’t?!) Freddie Mac – the nation’s second largest purchaser of residential mortgage loans – wants to help you make a quick $1,000.

How?

Simple.   If you are the selling agent on an Illinois property owned by Freddie Mac and offered for sale through the HomeSteps™ program, Freddie Mac will pay you an additional $1,000 bonus at closing.  (Some other states are eligible for this offer too.) Only owner-occupied transactions are eligible for this incentive, and the initial offer on the property must be submitted between November 15, 2011, and January 31, 2012. Additionally, the transaction must close no later than March 15, 2012.  Your buyers are even eligible for a 3% closing cost credit and a free home warranty!

Full details can be found at www.homesteps.com/homebuyer/offers.html.

Happy selling!

Will HARP 2.0 Really Stabilize the Housing Market?

New guidelines for the Home Affordable Refinance Program (HARP) were released by Fannie Mae and Freddie Mac on Tuesday.  Time will tell whether the changes will truly improve the housing market.  Real Estate Institute’s mortgage education director shared his thoughts with Bills.com.  According to Peter, “Although there is still a good deal of uncertainty surrounding the specifics of how the expanded HARP program will be implemented at the individual lender level, the November 15 announcements from Fannie and Freddie do provide a source of encouragement for the equity challenged segment of the market.” Read the full article and let us know what you think.

Who is Winning the Real Estate License Transition Race?

In our completely unscientific study this week, it looks like broker licensees are in the lead.  We’ve had considerably more inquiries and more transition enrollments from brokers than salesperson licensees. Since salesperson licensees significantly outnumber brokers in Illinois, we found this surprising. 

We’re still scratching our heads trying to figure out why.  With all the time and effort that has been spent to obtain and maintain the salesperson license, letting it go just doesn’t make sense.  We assume a lot of salespersons still do not understand the change. Salespersons do not have the option of renewal. Transitioning from the salesperson license to the NEW broker license is the only option. So what’s the holdup!?!

  • Are salespersons waiting until closer to the deadline?
  • Are they waiting for the market to recover?
  • Are they hoping the state will change the rules?

The bottom line is that if the transition requirements (education and submitting the paperwork and fees to the state) haven’t been met by April 30, 2012, you can no longer work as an agent – no more commissions, no more referrals, no more license.  When an average commission would pay for 10 transitions, keeping an active real estate license seems like the right thing to do.  We know that the market will get better.  We know that there will be referral opportunities.  It would take legislation to change this law, and it’s just not changing.

It’s time to take back the lead! 

If you need help understanding transition education and the related state forms, give us a call at 800-995-1700 or visit our website.

Why Have So Few Illinois Real Estate Licensees Transitioned?

Last week, I attended the monthly meeting of the IDFPR’s Real Estate Education Advisory Council. At the meeting, it was announced that 5,082 real estate salespeople had transitioned to the new broker license through the end of September. Meanwhile, 1,898 brokers had transitioned to the new managing broker license category. 

That means roughly 90 percent of Illinois real estate licensees still hadn’t completed the transition process.

Common Misconceptions
Real Estate Institute fields transition questions all day long.  Most licensees who call us enroll for transition education.  However, when some licensees hear about the April 30, 2012, deadline, they seem to have no sense of urgency.  Unfortunately, this mindset could ultimately mean a loss of licensure. 

Based on my interaction with licensees who got in early and took the state’s proficiency exam, many licensees assume that transitioning is an easy, one-step process. For example, many of our students believe that by passing the state’s proficiency exam, they have completely satisfied all the transition requirements.  They don’t realize they must also submit an application for their new license.  For clarity’s sake, let’s break down the different transition methods that are available to licensees.

Salesperson Licensees

  • Salespersons who transition to the broker license by passing the state’s proficiency exam must complete the transition application and submit it to the IDFPR online or by mail to receive the new license. These licensees are also required to complete 18 hours of continuing education before April 30, 2012.
  • Salespersons who transition to the broker license by completing an approved transition course must complete the transition application and submit it to the IDFPR by mail before the April 30, 2012 deadline to apply for the new license. These licensees are exempt from continuing education for the April 30, 2012 renewal.
  • Salespersons who don’t transition to the new broker license will lose their license on May 1, 2012. There will be no late renewals. Salespersons who miss the deadline will have to start the licensing process all over again. This would mean having to take 90 hours of pre-license education and pass the state’s pre-license exam.

Broker Licensees

  • Brokers who transition to the managing broker license by passing the state’s proficiency exam must complete the transition application and submit it to the IDFPR online or by mail no later than April 30, 2012, to receive their new license. These licensees are also required to complete 18 hours of continuing education and 12 hours of classroom/interactive broker management education before April 30, 2013.
  • Brokers who transition to the managing broker license by completing an approved transition course must complete the transition application and submit it to the IDFPR by mail no later than April 30, 2012. These licensees are also required to complete 18 hours of continuing education before the April 30, 2013, renewal deadline. However, these licensees are exempt from the 12 hours of classroom/interactive broker management education for the April 30, 2013, managing broker license renewal.
  • Brokers who choose to remain a broker will need to be sponsored by a managing broker.  They are required to complete 12 hours of continuing education and renew their current license no later than April 30, 2012. Renewal forms for this purpose will be made available after February 1, 2012.

Still confused? 
You’re not alone! The IDFPR has told us that their call volume is high.  The wait on hold for licensees calling about the transition exceeds 40 minutes at most times of day. That’s why the Real Estate Institute has hired additional fully trained customer representatives. We welcome transition questions from company owners, managers, compliance officers and all licensees.  Call us at 800-995-1700 if you need more information.

Three Ways to Complete Your NMLS Continuing Education

Real Estate Institute is pleased to announce three convenient solutions for state-licensed mortgage loan originators (MLOs) to complete NMLS-approved continuing education. These include:

  1. Live classes that offer up-to-the-minute regulatory news;
  2. Live webinars that provide the advantage of interacting with a live instructor from your home or office;
  3. Online self-paced *NEW* This online course helps busy MLOs work from anywhere 24/7 and provides the flexibility to complete the course when you have time. Start and stop whenever you want.  We keep track of your progress and let you know when you are finished. The final exam is also online for your convenience. 

All three courses have instructor assistance available from experienced mortgage lending professionals. For no additional charge, students may contact our instructors with questions about course material, regulatory insight or other mortgage-related issues.

 Students successfully completing any one of these courses will receive 8 hours of continuing education credit, satisfying the comprehensive continuing education requirement under the SAFE Act.  Some states may require additional state-specific continuing education. For state-specific continuing education requirements in 2011, refer to this resource at the NMLS website.

About Real Estate Institute

Real Estate Institute is a nationwide NMLS-approved provider (NMLS #1400102) and has been offering mortgage education for the past 10 years.  In addition to mortgage continuing education solutions, Real Estate Institute offers leading-edge content in its 20-hour pre-license courses, a comprehensive SAFE test preparation program, PREP-to-PASS, and even free online SAFE practice tests.

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