NMLS Issues Late CE Deadline Reminder

The NMLS issued a reminder to course providers that late CE reporting must be completed by February 28, 2012.  This will allow MLOs to apply for reinstatement by the deadline, February 29, 2012.  According to the NMLS, this is the absolute final deadline to have 2011 CE completed and reported to the NMLS.

Real Estate Institute’s comprehensive late CE course is specifically intended to meet the education requirements needed for you to reinstate your license.  Please note: Some states require mortgage loan originators to complete state-specific hours in addition to the CE hours required under the SAFE Act.  Be certain to confirm your state’s requirements for late CE reinstatement.

If you did not complete your 2011 CE requirement by December 31, 2011, the following course is approved and available for enrollment.  Real Estate Institute’s online, self-paced continuing education course is designed to help you meet your SAFE CE requirement in a convenient and engaging format.

Late 2011 CE: 8-Hour SAFE Comprehensive Continuing Education (NMLS-Approved Course ID: 2720)

The SAFE Act requires 8 hours of continuing education annually.  If you are unsure of your 2011 requirement, click here to view a helpful document on the NMLS website.  Click here for more information from the NMLS about license reinstatement.

Before You Renew Your Real Estate Broker License – READ THIS!

The IDFPR has begun mailing Broker license renewal forms. If you’re a Broker who has transitioned or plans to transition to Managing Broker, DO NOT USE this form.  This is strictly for renewal as a Broker licensee.  

This renewal form should ONLY be used by the following licensees:

  • Brokers licensed on or before 4/30/11 who are NOT transitioning to the Managing Broker license.
  • Brokers licensed after 5/1/2011 who transitioned from the Salesperson license. 
  • Brokers licensed after 5/1/2011 who completed a 90 credit hour pre-license program before passing the state exam and applying for their license.

As a reminder, the deadline for Broker renewals is 4/30/12.   Continuing education (CE) must be obtained from an IDFPR-approved real estate school. Your CE course provider must report your CE course completion. 

Salesperson licensees will not receive renewal forms since this license type expires permanently on 4/30/12.  Click here for information on how to remain a licensed real estate agent.

Real Estate Broker License Renewal Now Available at the IDFPR

Today, the Illinois Department of Financial and Professional Regulation (IDFPR) updated the online license renewal page at their website to include Real Estate Broker renewal. Agents who hold a license number that begins with 475 may submit their renewal application and $150 fee to the state.  Broker renewals are due by April 30, 2012.

If you are transitioning your license and have not submitted your transition application, you must use the combined transition/renewal form found here.

If you are a Salesperson who has transitioned and have received your new Broker license or are a Broker who is NOT transitioning to the new Managing Broker license, click here to go to the IDFPR for access to the online license renewal information.

Important Real Estate Transition News – IDFPR Releases Combined Transition/Renewal Application

On February 1, the Illinois Department of Financial and Professional Regulation released a new salesperson-to-broker transition application that combines the transition AND renewal fees on the same form.  Starting today, you MUST use this combined form.  There is a new online and paper-based application available at the IDFPR’s website.  Here’s a link to the application forms. All Real Estate Institute students who complete our 30-credit-hour transition course will receive the new combined application with their certificate of completion along with an envelope addressed to the IDFPR.  Your application, certificate and fees must be postmarked on or before April 30, 2012. 

 Please note: Salespersons who fail to meet the April 30, 2012, transition deadline will lose their licenses.  There is no late renewal. A salesperson who does not transition will need to take a 90-credit-hour broker pre-license course and pass the state exam to continue earning commissions and referrals.

If you have questions about the new combined transition/renewal application, please call the IDFPR at 217-782-3414.  If you have questions about satisfying the transition education and testing requirements, we have the following comprehensive resources available for you:

  • Transition Education Requirements and Online Enrollment – click here and select your license type.
  • Transition Frequently Asked Questions – click here.
  • Continuing Education Frequently Asked Questions – click here.
  • Transition/Renewal Next Steps – after you have completed your education and testing, click here for instructions on what you do next.
  • Real Estate Institute customer service representatives are available Monday – Friday from 9 a.m. to 5 p.m. to answer your questions and complete your enrollment.  Call 800-995-1700.

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!

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