Ability to Repay and Qualified Mortgage Rules May Affect You in 2014

New loan rules were made law last year and will take effect on January 10, 2014.  The Consumer Financial Protection Bureau is a federal agency created in 2011 as part of the  Dodd–Frank Wall Street Reform and Consumer Protection Act in response to the financial crisis that evolved starting in 2007.  As a result, new loan borrowers are going to be subjected to what many think will be onerous and perhaps unnecessary new loan guidelines which may affect the housing market sales volume in the future. And, as of right now, not all future guidelines are yet known and may not be completely settled on until the end of 2013.

The CFPB has jurisdiction over banks, credit unions, mortgage servicing operations, payday lenders, and more.

Buyers who are obtaining financing should start learning what this means for home purchases.  The link goes to a 6-page brochure outlining essential facts about new loan rules established so far.

The lender must now perform an ability to repay (ATR) as part of the loan approval process, by looking at your assets and coming to the determination you have the ability to repay.  Next, the borrower hoping to qualify for a Qualified Mortgage (QM) -- those loans with the best rate and terms -- may not get a loan with interest only feature, negative amortization, generally no balloon payments, or loan terms longer than 30 years.  A thirty-year loan, by the way, was considered radical back during the Great Depression when up until that time it was standard for banks to be able to call their loans after 5 years, or continue them as they saw first for another 5 years.  There can be no excess upfront points or fees.  Yes, a borrower could still obtain a mortgage out of these guidelines, but the lender on those loans, but a lender who makes follows QM guidelines gets certain legal protections if the borrower defaults on the loan.

What's the big deal about these loans?  Well, for a while, governmental agencies wanted only 20% down loans to qualify, but that proposal was defeated.  More recently, there are six governmental agencies backing a new proposal that 30% down loans will be able to obtain a QM.  See Kenneth Harney's article: http://www.latimes.com/business/realestate/la-fi-harney-20131020,0,6931943.story#axzz2j4RPAzgO

One of the results of stricter guidelines already is a much higher percentage of FHA loans in the marketplace compared to past history.  What the future will be is not known, but naysayers believe that requiring 30% down payments for non-FHA loans will definitely impact housing sales. 
The Mortgage Bankers Assn. of America (which strongly opposes the 30% plan) estimates that only 18% of people who purchased homes during 2012 would have been qualified for their mortgages under the alternative proposed by the regulators.

California Foreclosure Study by San Francisco Assessor

This information just came in this afternoon to me from Duane Gomer, a real estate trainer active in the real estate market:

The San Francisco Assessor commissioned a foreclosure study during 2009 and 2011. The results are revealing and stunning to me and I’ve studied this market for decades. For example: 1 – 99% had irregularities, 2 – 84% had violation of law, 3 – 75% had issues with the assignments of the trust deeds, 4 – 84% had problems with the substitution of trustees, 5 – 59% had evidence of backdating, 6 – 45% the foreclosing party had never been assigned the loan. The Assessor’s conclusion: The California Non-Judicial Foreclosure System is “utterly broken” and needs repair.

Just as further comment, the California non-judicial foreclosure law and procedures is explicitly spelled out in California code. 

This study of 382 San Francisco homes between 2009 and 2011 was conducted by a Newport Beach-based company, and a February 2012 Orange County Register article goes into more detail here.

Has Your Home Loan Been Sold?

What if your home loan has been sold? This video interviewing Paul Leonard of the Housing Policy Council explains why mortgages may be sold, what is securitization and its function in the market, and the new banking changes which will require anyone who touches a mortgage in the future to have some responsibility for it: the Dodd-Frank Wall Street Reform and Consumer Protection Act (summary is 16 pages).

Freddie Mac Suspension of Foreclosure Sales

Hope you have a Happy Thanksgiving.

Starting today, sale of single family homes and 2-4 units on loans held by Freddie Mac will not be sold until the suspension period is over on January 9, 2009. Vacant single family homes are excluded from this suspension. This is to allow more time for Freddie Mac's loan modification program to be implemented. Read the Do's and Don'ts of Foreclosure.

If you are in this position, or close to it, please don't stop answering your phone or reading your mail. Lenders are now attempting loan modification programs, and engaging representatives to speak to you in person. (Ask for identification.) You could be hurting your chances of success if you ignore the many attempts made to contact you; some loan modification programs are the only chance the borrower will have to catch up, until you improve your FICO score and can get an improved refinance. If you would like to know more, please call me.

Even A Middle School Student Could Get It

Quote of the week:

"Amid the extraordinary financial events of the last few days, the Fed kept monetary policy on hold. In doing so, the Fed made clear its desire, to the extent possible, to separate its monetary policy decisions from the circumstances surrounding particular financial institutions." -- Peter Kretzmer, economist at Bank of America (my italics). And we also learn today that the Federal Reserve will not reduce the rate.

In times of market volatility it's easy to speculate on impacts, effects, and the future--overall negativity. Unfortunately, the subprime mortgage fallout is having a continuing story in the downfall of certain financial institutions. The story of this down market is not one of major job loss, as it was in the 1990's, where people declared bankruptcy and lost their houses due to lack of income--it's one characterized by the wrong loans for the wrong borrower, often made with lack of disclosure. Bank of America, for example, is still standing because it did not join the subprime bandwagon, although it certainly offered many loans with more flexible guidelines that it doesn't offer now. The worst part of all this, in the end, is that fewer banks will be around for consumer choice--at least that's the way it looks now.

One of the terms buyers need to know is "RESPA", which stands afor Real Estate Settlement Pratices Act. Before you assume this is something totally boring and far too much legalese, just remember that one of the reasons borrowers got into trouble is that they didn't understand their costs statement, didn't really look at their Good Faith Estimate required by the borrower to give to them--if they had, and if they knew just a little bit more about the basis of loan financing, they might not have ended up with what they did.

Unfortunately, these things are not taught in high school, even a middle school student could get it (parents, you must know that sometimes I get phone calls from kids who're reading my blog and have a question), but buyers under the crunch of fast decision making are encountering terms and practices they have infrequent or no experience with.

Reform of the RESPA is underway, with the end goal of making disclosures to buyer easier and more clear. That's still not a guarantee that the end result will be less complicated than what we have now, just different.

In the end, buyers need to familiarize themselves with their proposed loan, and their upcoming home purchase, and take the time to do it.

What Does the Fannie/Freddie Takeover Mean to You?

Fannie Mae (FNMA) and Freddie Mac (FHLMC) are two of the government sponsored enterprises established by the U.S. Congress to make loans and loan guarantees. They reduce the cost of capital for certain borrowers, including homeowners. They are regulated, no longer by HUD, but by a new regulator, the Federal Housing Finance Agency (FHFA) under the recent reorganization signed into law in July by President Bush.

The 12 GSE banks which also help finance housing are also a cause of concern to those who "worry that the rapid growth of other government-sponsored enterprises, most prominently the 12 Federal Home Loan Banks, eventually might create headaches for the financial industry and American taxpayers." The home loan banks, which were created during the Depression amid a wave of bank failures, have lent billions of dollars to banks and thrifts that are themselves exposed to troubled home loans.

In terms of names we recognize (per a New York Times article) "Washington Mutual, the nation’s largest savings and loan, nearly doubled its borrowing from the Federal Home Loan Bank System over the last year, to $47.7 billion, according to government filings. The Wachovia Corporation has also ramped up its borrowing, in part because of its acquisition of Golden West, a big California lender. In 2007, before it was sold to Bank of America, the Countrywide Financial Corporation took out more than $53.2 billion as it fought to stay afloat." Perhaps you've noticed the TV ads to bring in new customers--the mortgage side of some banks is struggling and they are attempting to build up their retail side with new customer accounts.

"Collectively, the home loan banks have never reported a loss in the system’s 76-year history. Many experts say the risk that lenders will fail to pay back the home loan banks is small, particularly because the loans are secured by collateral in the form of high-quality mortgages and other protections. Still, the explosive growth of the system concerns some analysts, who worry that the loan banks enable overly aggressive lenders to continue to make loans. "

On the other hand, the GSEs hold nearly half --or $5 trillion-- of all mortgages in the U.S. and account for almost all of the new mortgages in California, and one question is, will a privatized Fannie and Freddie change the availability of the fixed 30-year mortgage? The lack of institution-based mortgage securities may mean more expensive capital, and more expensive home loans. This will greatly affect the markets in areas such as California and reduce homeownership, if these GSEs are not allowed to carry out their basic mission?

Key Provisions in New Housing Bill

Trying to follow this new law? Like the thread under this little reader, it will take time to unwind and fully realize the impact on buyers, lenders and current homeowners.

The Republicans most in favor of this new law were those whose districts are most impacted by high foreclosures and vacancy rates. Most of the Democrats were happy. It's been a controversial bill, and there are still doubts and disagreements by many as to its complete effectiveness. (Here's a housing example from right here in the Long Beach area: Yesterday, in a comparable market analysis for a specific downtown property, on one street in 90802 there were 20 condos listed under $300,00, 15 of which were listed as vacant. )

Signed this morning without the usual Congressional member representation at the meeting (the President was not originally in favor of it), the Federal Housing and Economic Recovery Act of 2008 includes:

New permanent higher cap on loans that can be purchased by Fannie Mae or Freddie Mac--$625,500 (that up from the previous limit, down from the 2008 temporary loan limit). The new loan limits for Fannie Mae and Freddie Mac are the greater of either $417,000 or 115 percent of an area’s median home price, up to $625,500. The new FHA loan limit will be the greater of $271,050 or 115 percent of an area’s median home price, up to $625,500. Both new loan limits will be effective at the expiration of the economic stimulus limits on December 31, 2008.

• New independent agency will regulate the two entities which now own more than half of the nation's $12 trillion of residential mortgage debt.


• Truth-in-lending requirements that explain a borrower's refinanced mortgage, new purchase mortgage, or home equity line of credit purchase.


• The FHA may now insure the full value of a home on a reserve mortgage, up to $625,000.


• Homeowner access to HUD home finance counseling services.


• Program to help refinance current eligible homeowners into 30-year, fixed rate mortgages--lenders may have to accept a lower loan amount.


• Community Development Block Grant funds to help rehabilitate foreclosed homes in areas of high foreclosures.


• Tax benefit of $7500 or 10% of home's purchase price, whichever is less, for first time homebuyer with $75,000 in adjusted gross income or $150,000 for couples filing jointly. The refund serves as an interest-free loan and the homeowner is required to repay it in equal installments over 15 years.


• Starting October 1, forbid the FHA from insuring mortgages where a seller contributes to the buyer's down payment (seller-assisted programs such as the HART and Nehemiah programs). Down-payment assistance from family, employers and other nonprofits is still allowed.

Long Beach long beach real estate 'Voice this!