Friday, December 10, 2010

Mortgage Industry Gong Show: Hasty Rule-Making Creates More Confusion

Plain and Simple: if you weren't already aware, the CFPB is looking to combine TIL and RESPA disclosures into one document. Home loan disclosures are being redesigned, again! READ MORE

Interesting timing for such a major change isn't it. A necessary evil, but still interesting timing. These updates are moving forward regardless of the fact that no real clarity has been offered on the future of the housing finance mechanism (GSEs). And even more closely related to the disclosure updates themselves, the industry is attempting to reform its entire compensation model right now. How can we expect lenders to interpret and implement new originator compensation models without knowing how the new consumer disclosure package will look? How can we expect lenders to keep the mortgage market competitive if we don't have a clear indication of how loans will be securitized. I can go on and on here...HOW ABOUT THE RISK RETENTION REGS? WHAT IS CONSIDERED A QUALIFIED LOAN?

I don't have a problem with the abundance of reforms that have been outlined for the mortgage industry, but maybe we should approach one major reform at a time to ensure we get the job done right.  Compliance folks can only be spread out so far before their oversight wears thin. 

The final compensation rules are effective April 1,

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Wednesday, December 8, 2010

H.R. 6460: To prohibit Fannie Mae, Freddie Mac, and Ginnie Mae from owning or guaranteeing any mortgage that... (GovTrack.us)

To prohibit Fannie Mae, Freddie Mac, and Ginnie Mae from owning or guaranteeing any mortgage that is assigned to the Mortgage Electronic Registration Systems or for which MERS is the mortgagee of record.

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Text:
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Occurred: Introduced Nov 30, 2010
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Nov 30, 2010: Referred to the House Committee on Financial Services.
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The interesting part of this bill for us is section 3:
SEC. 3. HUD STUDY.

(a) Study- The Secretary of Housing and Urban Development, in consultation with the Comptroller General of the United States, shall conduct a study to analyze and determine--

(1) the impacts of the lack of electronic records and uniform standards found in local land title recordation systems currently used in the various States;

(2) any progress States have made in developing electronic land title recordation systems for their localities that contain uniform standards, and any findings and conclusions and best practices resulting from such development;

(3) the current oversight role of the Federal Government in the transfer and recordation of land titles;

(4) opportunities, and the feasibility of such opportunities, that may be present to leverage progress made by some States and localities to create an electronic land title recordation system, including through--

(A) a system that would maintain all previous records of the land-property without invalidating, interfering with, or preempting State real property law governing the transfer and perfection of land title; and

(B) further actions by the States or by the Federal Government, or coordinated actions of both; and

(5) the feasibility of creating a Federal land title recordation system for property transfers that would maintain all previous records of the land-property without invalidating, interfering with, or preempting State real property law governing the transfer and perfection of land title.

(b) Report- Not later than the expiration of the 12-month period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development, in consultation with the Comptroller General of the United States, shall submit to the Congress a report on the results and findings of the study conducted under this section.

If the Bill gets out of committee, it will be one to watch.

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FEDERAL LAND TITLE SYSTEM?

CHARLENE PERRY's Blog ::

We are all familier with the current land title system wherein the individual States and their respective County clerks are responsible for "keeping the books" on the transfer of real estate in their respective jurisdictions.  

A recently introduced bill will require that HUD study a Federal Land Title System (HR 6460) sponsored by Mary Kaptur (D-OH) which would, if passed, pave the way for a National Torrens System.  The Torrens System is not commonly used in the United States but is used in may parts of Europe.  

What is the difference between the current land title system and the Torrens System? and Why do I Care?

The main difference between a common law title and a Torrens title is that a member of the general community, acting in good faith, can rely on the information on the land register as to the rights and interests of parties recorded there, and act on the basis of that information. A prospective purchaser, for example, is not required to look beyond that record. He or she does not need even to examine the Certificate of Title, the register information being paramount. This contrasts with a common-law title, which is based on the principle that a vendor cannot transfer to a purchaser a greater interest than he or she owns. As with a chain, the seller's title is as good as "the weakest link" of the chain of title. Accordingly, if a vendor's common-law title is defective in any way, so would be the purchaser's title. Hence, it is incumbent on the purchaser to ensure that the vendor's title is beyond question. This may involve both inquiries and an examination of the "chain of title."

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Sunday, December 5, 2010

RESPA FAQ vs. RESPA Roundup I'm VERY confused - Bankers Online

I am still having trouble reconciling the RESPA FAQ to the July RESPA Roundup – this is true even after reading much discussion in these threads.

We are still handling OTI the same way we did it when the new RESPA rules went into effect in January because I was waiting for more clarification - or something - from HUD. This is what we do (which I believe follows instructions in the FAQ):
A) Always put OTI on the GFE for home purchase loans.
B) Put OTI in the borrower’s column on the HUD-1.
C) Show a credit for OTI in the 200 Series and a charge to the seller in the 500 series.
D) The comparison chart contains amounts in the GFE and HUD column for OTI.

Our Software vendor seems to be making changes to comply with the RESPA Roundup which says:
“If the consumer did not purchase a service that was listed on the GFE (usually owner’s title) there should be nothing entered in that line on Page 2 of the HUD-1 and the estimate of the charge should not appear on the comparison chart on Page 3 of the HUD-1.”

1) Is the “consumer” in this case our borrower or does it mean any consumer (seller) associated with the loan?
2) Is HUD saying to show the OTI in the Seller’s column of the HUD-1?
3) Does HUD still expect us to put the OTI on the GFE for a purchase?

We usually pay for the flood determination rather than passing the fee to the consumer. We handle it basically the same way we do the OTI.
•Does this also fall off of the comparison chart now?

What I want to ask is Why? Why? Why? But I know it’s pointless so I won’t.

Taken from the Banker Online Blog.

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Tuesday, November 30, 2010

Williston Financial Group Appoints Moody to Head Its Lender Services Division | Mortgage News | Daily National and State Headlines

Williston Financial Group Appoints Moody to Head Its Lender Services Division

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Williston Financial Group LLC (WFG) has appointed William Moody as executive vice president. Moody will lead wholly-owned subsidiary New Millennium Title, WFG’s lender services division, from the division’s new headquarters in Simi Valley, Calif. He will also serve on the Executive Committee of WFG. WFG is a national, full service provider of title insurance and real estate settlement services for the mortgage industry.

New Millennium Title is already operating in all 50 states. The division delivers a range of settlement services, including title insurance and closing/escrow services, for both the commercial and residential transactions.

Moody has 34 years of experience in the mortgage and settlement services industry, most recently as founder, president and chief executive officer of national settlement services firm Lender’s First Choice. He also spent 11 years as a president of financial services with Coast Federal Bank.

“WFG and New Millennium Title are a great fit for this market,” said Moody. “We are already serving a variety of large, medium and small national clients, and are pleased to see that flexibility, communication and responsiveness on the part of their settlement services partners are no longer luxuries in the eyes of mortgage lenders. They are now requirements. This fits our business model, which centers on communication, collaboration and co-existence.”

WFG President and Chief Executive Officer Patrick Stone asserts that Moody is an excellent match for the company’s approach to the market.

“Bill has tremendous experience on both the lending and settlement side of the real estate transaction," said Stone. "He strives to adapt his services to meet the needs of the customer, rather than forcing the customer to fit his operation. At a time when mortgage lenders need flexibility and speed from their partners, Bill Moody will be an asset to New Millennium’s clients.”

For more information, visit www.WillistonFinancial.com.

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Humphries Says Housing May Bottom in First Half of 2011 (Video) | Mortgage News | Daily National and State Headlines

Humphries Says Housing May Bottom in First Half of 2011 (Video)

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Saturday, November 27, 2010

Fannie, Freddie Recommend Foreclosed-Property Sales Resume - WSJ.com

Fannie Mae and Freddie Mac have begun telling real-estate agents nationwide to resume sales of foreclosed properties that had been suspended after document-handling problems surfaced over the past two months.

Fannie said Friday it had lifted a moratorium on foreclosed-property sales following a review of the affected properties it has acquired and after consulting with its government regulator, the Federal Housing Finance Agency. It was unclear how quickly sales would resume because loan servicers are still completing their reviews of paperwork.

"Our decision was motivated by several factors including the protection of buyers with title insurance, the negative impact lingering foreclosed properties has on neighborhoods and the cost burden that is placed on taxpayers when [bank-owned] sales are suspended," said a Fannie Mae spokeswoman.

Fannie and Freddie owned nearly 240,000 properties at the end of September, valued at nearly $24 billion. Difficulty selling those homes could lead to higher carrying costs for the mortgage titans. Delays also could prompt buyers that had been under contract to lower their asking prices or to walk away from deals.

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Escrow Co. Sues Bank Over $440K Cyber Theft — Krebs on Security

An escrow firm in Missouri is suing its bank to recover $440,000 that organized cyber thieves stole in an online robbery earlier this year, claiming the bank’s reliance on passwords to secure high-dollar transactions failed to measure up to federal e-banking security guidelines.

The attack against Springfield, Mo. based title insurance provider Choice Escrow and Land Title LLC began late in the afternoon on St. Patrick’s Day, when hackers who had stolen the firm’s online banking ID and password used the information to make a single unauthorized wire transfer for $440,000 to a corporate bank account in Cyprus.

The following day, when Choice Escrow received a notice about the transfer from its financial institution — Tupelo, Miss. based BancorpSouth Inc. — it contacted the bank to dispute the transfer. But by the close of business on March 18, the bank was distancing itself from the incident and its customer, said Jim A. Payne, director of business development for Choice Escrow.

“What they really were doing is contacting their legal department and figuring out what they were going to say to us. It took them until 5 p.m. to call us back, and they basically said, ‘Sorry, we can’t help you. This is your responsibility.’”

“They said, ‘We’re going to get back to you, we’re working on it’,” Payne said. “What they really were doing is contacting their legal department and figuring out what they were going to say to us. It took them until 5 p.m. to call us back, and they basically said, ‘Sorry, we can’t help you. This is your responsibility.’”

How secure are your wire transfers? Do you have two forms of authentication? Might be something you want to look into.

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Tuesday, November 23, 2010

Existing-Home Sales Decline in October Following Two Monthly Gains

by Ted Jones of Stewart Title

Washington, DC, November 23, 2010

Existing-home sales retreated in October on the heels of two strong monthly gains, according to the National Association of Realtors®.

Existing-home sales1, which are completed transactions that include single-family, townhomes, condominiums and co-ops, declined 2.2 percent to a seasonally adjusted annual rate of 4.43 million in October from 4.53 million in September, and are 25.9 percent below the 5.98 million-unit level in October 2009 when sales were surging prior to the initial deadline for the first-time buyer tax credit.

Year-to-date there were 4.149 million existing-home sales, down 2.9 percent from 4.272 million at this time in 2009.

Lawrence Yun, NAR chief economist, said the recent sales pattern can be expected to continue. “The housing market is experiencing an uneven recovery, and a temporary foreclosure stoppage in some states is likely to have held back a number of completed sales. Still, sales activity is clearly off the bottom and is attempting to settle into normal sustainable levels,” he said. “Based on current and improving job market conditions, and from attractive affordability conditions, sales should steadily improve to healthier levels of above 5 million by spring of next year.”

According to Freddie Mac, the national average commitment rate for a 30-year, conventional, fixed-rate mortgage fell to a record low 4.23 percent in October from 4.35 percent in September; the rate was 4.95 percent in October 2009.

The national median existing-home price2 for all housing types was $170,500 in October, down 0.9 percent from October 2009. Distressed homes3 accounted for 34 percent of sales in October, compared with 35 percent in September and 30 percent of sales in October 2009.

NAR President Ron Phipps, broker-president of Phipps Realty in Warwick, R.I., clarified that several factors are restraining a housing recovery, even with great affordability conditions. “We’ll likely see some impact from the foreclosure moratorium in the months ahead, but overly tight credit is making it difficult for some creditworthy borrowers to qualify for a mortgage, and we are continuing to deal with a notable share of appraisals coming in below a price negotiated between a buyer and seller,” he said.

“A return to common sense loan underwriting standards would go a long way toward achieving responsible, sustainable homeownership. In addition, all home valuations should be made by competent professionals with local expertise and full access to market data – there remains an elevated level of appraisals that fail to provide accurate valuation, which is causing a steady level of sales to be cancelled or postponed,” Phipps said.

A parallel NAR practitioner survey shows 10 percent of Realtors® in October report they had a contract cancelled as a result of a low appraisal, and 13 percent report they had a contract delayed; 16 percent said a contract was negotiated to a lower sales price as a result of a low appraisal.

According to FHFA, Fannie- and Freddie-backed mortgages that were recently originated show an outstanding performance, even better than during the pre-housing bubble years.

“A review of recently originated loans suggests that they have overly stringent underwriting standards, with only the highest creditworthy borrowers able to tap into historically low mortgage interest rates. There could be an upside surprise to sales activity if credit availability is opened to more qualified home buyers who are willing to stay well within budget,” Yun added.

Total housing inventory at the end of October fell 3.4 percent to 3.86 million existing homes available for sale, which represents a 10.5-month supply4 at the current sales pace, down from a 10.6-month supply in September.

First-time buyers purchased 32 percent of homes in October, unchanged from September, but down from 50 percent a year ago during the initial surge for the first-time buyer tax credit. Investors accounted for 19 percent of transactions in October; they were 18 percent in September and 14 percent in October 2009; the balance of sales were to repeat buyers. All-cash sales were at 29 percent in October, unchanged from September but up from 20 percent a year ago.

Single-family home sales declined 2.0 percent to a seasonally adjusted annual rate of 3.89 million in October from 3.97 million in September, and are 25.6 percent below the 5.23 million surge in October 2009. The median existing single-family home price was $171,100 in October, which is 0.5 percent below a year ago.

Existing condominium and co-op sales fell 3.6 percent to a seasonally adjusted annual rate of 540,000 in October from 560,000 in September, and are 27.6 percent below the 746,000-unit sales rush a year ago. The median existing condo price5 was $166,000 in October, down 4.2 percent from October 2009.

Regionally, existing-home sales in the Northeast declined 1.3 percent to an annual pace of 750,000 in October and are 27.2 percent below the surge in October 2009. The median price in the Northeast was $240,200, which is 1.9 percent higher than a year ago.

Existing-home sales in the Midwest slipped 1.1 percent in October to a level of 940,000 and are 32.4 percent below the tax credit rush one year ago. The median price in the Midwest was $139,500, down 3.6 percent from October 2009.

In the South, existing-home sales fell 3.4 percent to an annual pace of 1.71 million in October and are 24.0 percent below the year-ago surge. The median price in the South was $148,700, down 0.7 percent from October 2009.

Existing-home sales in the West declined 1.9 percent to an annual level of 1.03 million in October and are 21.4 percent below the sales rush in October 2009 . The median price in the West was $209,300, which is 4.8 percent below a year ago.

The National Association of Realtors®, “The Voice for Real Estate,” is America’s largest trade association, representing 1.1 million members involved in all aspects of the residential and commercial real estate industries.

###

NOTE: NAR also tracks monthly comparisons of existing single-family home sales and median prices for 20 select metropolitan statistical areas, which is posted with other tables at: www.realtor.org/research/research/ehsdata. For information on areas not included in the report, please contact the local association of Realtors®.

1Existing-home sales, which include single-family, townhomes, condominiums and co-ops, are based on transaction closings. This differs from the U.S. Census Bureau’s series on new single-family home sales, which are based on contracts or the acceptance of a deposit. Because of these differences, it is not uncommon for each series to move in different directions in the same month. In addition, existing-home sales, which generally account for 85 to 90 percent of total home sales, are based on a much larger sample – more than 40 percent of multiple listing service data each month – and typically are not subject to large prior-month revisions.

The annual rate for a particular month represents what the total number of actual sales for a year would be if the relative pace for that month were maintained for 12 consecutive months. Seasonally adjusted annual rates are used in reporting monthly data to factor out seasonal variations in resale activity. For example, home sales volume is normally higher in the summer than in the winter, primarily because of differences in the weather and family buying patterns. However, seasonal factors cannot compensate for abnormal weather patterns.

Single-family data collection began monthly in 1968, while condo data collection began quarterly in 1981; the series were combined in 1999 when monthly collection of condo data began. Prior to this period, single-family homes accounted for more than nine out of 10 purchases. Historic comparisons for total home sales prior to 1999 are based on monthly single-family sales, combined with the corresponding quarterly sales rate for condos.

2The only valid comparisons for median prices are with the same period a year earlier due to the seasonality in buying patterns. Month-to-month comparisons do not compensate for seasonal changes, especially for the timing of family buying patterns. Changes in the composition of sales can distort median price data. Year-ago median and mean prices sometimes are revised in an automated process if more data is received than was originally reported.

3Distressed sales, contract cancellations, first-time buyers, investors and all-cash transactions data are from a survey for the Realtors® Confidence Index, scheduled to be posted December 6.

4Total inventory and month’s supply data are available back through 1999, while single-family inventory and month’s supply are available back to 1982 (prior to 1999, condos were measured quarterly while single-family sales accounted for more than 90 percent of transactions).

5Because there is a concentration of condos in high-cost metro areas, the national median condo price generally is higher than the median single-family price. In a given market area, condos typically cost less than single-family homes.

Existing-home sales for November will be released December 22, and the next Pending Home Sales Index is scheduled for December 5; release times are 10:00 a.m. EST.

REALTOR® is a registered collective membership mark which may be used only by real estate professionals who are members of the NATIONAL ASSOCIATION OF REALTORS® and subscribe to its strict Code of Ethics. Not all real estate agents are REALTORS®. All REALTORS® are members of NAR.

Information about NAR is available at www.realtor.org. This and other news releases are posted in the News Media section.

 

 

Ted C. Jones, PhD

 

Senior Vice President-Chief Economist, Stewart Title Guaranty Company

Director of Investor Relations, Stewart Information Services Corporation

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Top 10 Things You Need to Know When Negotiating Short Sales | Chicago Agent Magazine

Distressed property made up over 35 percent of all sales in Cook County in the first quarter of 2010. Foreclosure filings are on the rise in the six-county Chicago region, which means more of your clients are going to need to sell short, and more of your buyers will be putting offers on short sales. By knowing how to successfully negotiate a short sale, or working with a group who has a proven track record for success, you will be able to stay ahead of the game and have a thriving business in this tough economic time. By following the 10 tips below, we guarantee that you will get approvals more quickly, keep all parties involved happy, see more of your short sales close and streamline your short sale business.

  1. Submit a complete short sale package to the lender. Make sure to include all documents that the specific lender will ask for so that they don’t have to come back and ask you for more and slow down the process. A complete package will help your file move through the system at a faster rate.
  2. Make sure your seller is the “wing man” throughout the short sale process. Maintain a great relationship with your sellers and be sure they are available to provide you with any documents you may need quickly. Do not be afraid to have your seller step in and call the bank to express hardship or plead for an auction date to be postponed.
  3. Time is of the essence and follow up is key. Get any documents or information that the lender requests back to them ASAP and follow up on the short sale every few days.
  4. Attend every BPO and be prepared. The BPO (Broker’s Price Opinion) is one of the most important pieces of the short sale, as it is a key factor in determining the offer the bank will accept. Attend every BPO, get there early and bring relevant comparables, a listing history, a list of repairs, a repair estimate and any other documents that will support your offer. Also, let the BPO agent know what the offer on the property is in case they are not aware.
  5. Know the ins and outs of your sellers’ situations. Know the following regarding your sellers’ properties and loans: If there is mortgage insurance, if this is their primary residence, who the end investor is on their first mortgage, how many loans are on the property, if there are any other liens on the property that they know of, is this the second mortgage and HELOC, if the property is a condo and if the sellers are current on their HOA dues.
  6. Pull title right away so there are no surprises. Pull title as soon as you get the listing for the short sale property, that way you know what you are dealing with and can assure the title is clean. If there are issues, you can deal with them while the short sale is being negotiated, rather than having a deal fall apart at the last minute.
  7. Know how to speak to your clients about deficiency judgments, promissory notes and 1099s. Remember, you are not a lawyer and should not give legal advice. You are also not an accountant, but you should definitely know all about deficiency judgments, promissory notes and the possibility of a 1099. Know about The Mortgage Forgiveness Debt Relief Act of 2007 and how to explain this to your clients. Becoming a resource for your clients on the potential consequences of a short sale will gain you trust and referrals.
  8. Patience is a virtue. Every lender is different and every file is unique. Do not make any promises to your sellers or buyers about how long the short sale will take. Keep buyers and sellers on board by encouraging patience from every party involved and continue to give status updates on the progress of the short sale.
  9. Make sure you have a savvy team closing your deal. Behind every great short sale negotiator is a great attorney and title agent. Make sure your closing team is experienced in closing short sales, as there are so many fires that need to be put out, especially after the approval has been received. With a savvy and experienced team, you will see more deals close and save yourself a lot of stress.
  10. Make sure your buyer is prepared. Communication with your buyer’s agent is crucial, and make sure he/she is in the loop throughout the short sale process. Double check that the buyer is moving forward with meeting conditions of his/her loan, especially if the loan is FHA, as these take more time than conventional loans.

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Friday, November 19, 2010

Untitled

Tom Kelly, a real estate journalist from the Seattle area, quoted Ted Jones of Stewart title in a recent article.  He used this quote:

Ted Jones, chief economist for Stewart Title, said he is concerned that interest rates could rise if title companies cannot prove the actual owner of a foreclosed property.

Given the inaccuracies in foreclosure processing, coupled with the inability of lenders to foreclose without both the deed of trust and promissory note in hand, title companies could walk away from deals because they fear lawsuits. Original notes are typically sold into the secondary market and are difficult to locate.

Now I'm confused.  I didn't think title companies had to prove ownership.  I thought title companies based their decisions on public record.  If the record says Mr. and Mrs. X own the property, then that's who owns it. Or if the record says Lender ABC owns the property then thats who owns it.  I think there is precedent for title companies not being responsible if there is an error in the public record.  It seems a pretty big leap from the possibility of a mishandled forclosure for which a title company refuses to issue a policy to a rise in interest rates because a lender can't get insurance.  Really? How many deals is a title company going to refuse because of a "inaccurate foreclosure proceeding"?   How will the title company know that the proceeding was faulty unless there is a complaint by the mortgagor. 

Relax Ted.  Do you really think mishandled foreclosures are going to cause interest rates to go up.  Lenders are not going to let sloppy paperwork negate their foreclosures.  If the homeowner didn't make the payments then he needs to get out of the house.  Title insurance companies are not going to walk away from title deals.  They are insurance companies - they insure deals with the potential for problems.  It is what they do.

I am a bit concerned about the MERS situation of trying to foreclose a mortgage without the original note.  But I keep going back to the fact that if the homeowner didn't make the payments, then he should not be in the property.  Everything else is wrangling by the attorneys trying to make a buck on technicalities.

 

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Thursday, November 18, 2010

Mortgage Fraud Blog - Title Agent Charged for Failing to Pay Off Mortgages

Anthony V. Weis, 45, Phoenix, Maryland, pleaded guilty to wire fraud in connection with a mortgage fraud scheme to defraud lenders of approximately $3.7 million in just eight months.

According to Weis's plea agreement, Weis was the president and a shareholder of Maple Leaf Title LLC (MLT), a real estate title agency located in Towson, Maryland. Weis directed MLT employees in 13 real estate closings conducted between February and September 2009 to withhold the payoff checks from institutions that held the existing mortgage loan notes on the properties. In each instance, the settlement statement sent to the borrower's lender falsely represented that the payoff was being made.

In an effort to conceal the fraud scheme, Weis caused monthly mortgage payments to be made to the banks holding the mortgage notes. Believing that the bank had been paid off as a result of the settlement, the borrower stopped making monthly payments on that mortgage. And since that lender was receiving monthly payments, it had no reason to notify the borrower of any delinquency. However, because Weis was unable to send checks in every case where he had misappropriated the payoffs from escrow, a number of MLT clients received delinquency notices for non-payment of the mortgage note. A few were threatened with foreclosure and were forced to hire attorneys to prevent being ejected from their homes.

Because the existing mortgages had not been paid off, the liens against the property were not removed and a title free of pre-existing liens and claims (clear title) could not be passed to the new lender and borrower. An insurance company had issued title insurance policies to the borrowers guaranteeing clear title. As a result of Weis's criminal conduct, the title insurance company ultimately paid out $3.7 million to financial institutions that held mortgage notes.

Weis faces a maximum sentence of 30 years in prison followed by five years of supervised release and a fine of $1 million. U.S. District Judge Catherine C. Blake has scheduled sentencing for February 4, 2011, at 10:15 a.m.

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Ellie Mae Launches Encompass Assured GFE™ Service | RealEstateRama

New service powered by Closing.com enables users to create Good Faith Estimates with real-time fees backed by a compliance guarantee, directly from Encompass360™

PLEASANTON, CA and LA JOLLA, CA - November 18, 2010 - (RealEstateRama) — Ellie Mae®, the enterprise mortgage origination technology provider for mortgage bankers, mortgage brokers, community banks, credit unions and other mortgage lenders, and Closing.com, the largest one-stop-shop for real estate closing services on the Web, have announced the launch of Encompass Assured GFE™ service powered by Closing.com’s SmartGFE® Service. With Encompass Assured GFE, Encompass360™ users can now create Good Faith Estimates, which are backed by a ClosingCorp compliance guarantee, directly from their Encompass360 systems.

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Monday, November 15, 2010

Joint Trade Letter on RESPA TILA Rule Changes

The following is an exerpt of a letter from a list of trade associations encouraging Tim Geithner, Ben Bernanke, and Shaun Donovan to consider combining some of the forms that need to be executed in the mortgage process.  Read the entire letter here

The undersigned trade associations, representing the real estate finance industry, appreciate the Board's and HUD's efforts to improve disclosures to mortgage borrowers under the Truth in Lending Act (TILA) and Real Estate Settlement Procedures Act (RESPA). At this point, however, Special Advisor to the President Elizabeth Warren and Treasury staff have begun discussions internally and with stakeholders to combine the two disclosures into a single, integrated disclosure, and we understand that effort will be a first priority of the new Bureau of Consumer Financial Protection (Bureau). Every segment of the financial services industry shares the objective of doing something "exceptional" to improve the mortgage disclosure process for consumers and we fully support this important work. Both disclosures are provided to borrowers throughout the mortgage process and integrating them will greatly increase transparency and consumer understanding of the mortgage transaction. Notwithstanding, it is important to recognize that this vital initiative is being undertaken in the midst of a surfeit of proposed and final regulations that require fundamental changes to the mortgage finance business model and a generation of systems which support it.

Read the entire letter at scribd.com

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RESPA – Changed Circumstance » The Insider

I am starting to see a lot of files that have re-disclosures for a changed circumstance when in fact there was no change.  It seems that many of you are using a changed circumstance because it is the only way that you have access to certain fields.  Specifically, when a loan is locked or extended, you need to update the GFE date and add NA to block 4 of the important dates section. 

What I am finding is that processors are the ones who are printing re-disclosures when a loan is locked or extended instead of the loan officer.  This is the problem.  Under the SAFE Act, only licensed mortgage loan originators are permitted to communicate with the customer either orally or in written form when it has anything at all to do with the rate.  Encompass is programed with this in mind.

Let me refresh everyone on the changed circumstance.

First, not everything is a changed circumstance.  For example; locking a loan is not a changed circumstance; adding a property address after issuing a GFE with TBD address is not a changed circumstance.  The new RESPA regulation defines a changed circumstance as follows:

“Changed circumstances” is now defined in § 3500.2 as: (1) Acts of God, war, disaster, or other emergency; (2) Information particular to the borrower or transaction that was relied on in providing the GFE and that changes or is found to be inaccurate after the GFE has been provided, which information may include information about the credit quality of the borrower, the amount of the loan, the estimated value of the property, or any other information that was used in providing the GFE; (3) New information particular to the borrower or transaction that was not relied on in providing the GFE; or (4) Other circumstances that are particular to the borrower or transaction, including boundary disputes, the need for flood insurance, or environmental problems.

None of the information collected by the loan originator prior to issuing the GFE may later become the basis for a “changed circumstance” upon which a loan originator may offer a revised GFE, unless the loan originator can demonstrate that there was a change in the particular information or that it was inaccurate, or that the loan originator did not rely on that particular information in issuing the GFE. In addition, the loan originator is presumed to have relied on the borrower‘s name, the borrower‘s monthly income, the property address, an estimate of the value of the property, the mortgage loan amount sought, and any information contained in any credit report obtained by the loan originator before providing the GFE. The loan originator cannot base a revision of the GFE on this information, unless it changed or is later found to be inaccurate.

The bottom line is that loan originators are expected to get it right the first time and there are not many acceptable reasons to issue a revised GFE.  If there is an acceptable changed circumstance, $the loan originator must document the reason for the change$ and provide it to underwriting with the file.  If a new GFE is issued do to an acceptable changed circumstance, only the items affected by the changed circumstance may change; everything else must remain the same.

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Thursday, November 11, 2010

William Black – Lenders Put the Lies in Liar’s Loans

Why would the fraudulent nonprime lenders and brokers rely on financially unsophisticated borrowers to not only lie — but lie astutely? Why would working class borrowers know the amount of income they would have to falsely claim so that the loan would appear to meet the magic debt-to-income ratios that would get the loan approved and allow it to be sold at a premium? Why would the borrowers know that they could rely on the brokers and lenders to not verify income and to wink at claims that hairdressers made $100,000 annually? It strains all credulity to think that millions of working class Americans managed to defraud financially sophisticated lenders.

It is even more absurd to believe that honest lenders, finding themselves the victims of an epidemic of mortgage fraud by these clever working class Americans, responded by (1) massively expanding the number of liar’s loans they made, (2) spreading them to subprime borrowers with severe credit defects, (3) made defaults on the loans, and the loss upon default, far greater by layering risk and inflating appraisals, and (4) slashed their allowances for losses (ALLL) to trivial levels to ensure that the inevitable fraud losses would cause catastrophic losses.

Investigations, to date, have confirmed this logic. The fraudulent nonprime lenders and brokers typically initiated, directed, and sometimes even directly created the lies on the liar’s loans. The testimony of Thomas J. Miller (Miller, 2007), Attorney General of Iowa, at a 2007 Federal Reserve Board hearing began by describing the Gresham’s dynamic that the interaction of accounting control fraud and modern executive compensation produces:

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MBA Calls for Improved Disclosures for Borrowers Under RESPA and TILA | Mortgage News | Daily National and State Headlines

Family First Time Buyers/Credit: Brand X Pictures

The Mortgage Bankers Association (MBA), along with several other mortgage industry trade associations, has sent a letter to Timothy Geithner, Secretary of the U.S. Department of the Treasury; U.S. Department of Housing & Urban Development (HUD) Secretary Shaun Donovan; and Federal Reserve Chairman Ben Bernanke calling for improved disclosures for mortgage borrowers under the Truth-in-Lending Act (TILA) and the Real Estate Settlement Procedures Act (RESPA).

The letter explains that if TILA and RESPA disclosures were harmonized and made simpler, consumers would be better equipped to navigate the homebuying marketplace, better understand their mortgage and settlement costs, and shop intelligently to meet their home financing needs. Therefore, the letter urges regulators to work with Elizabeth Warren and the new Consumer Financial Protection Bureau (CFPB) Director, to develop a comprehensive plan for disclosure reform that includes an agenda and timetable to propose, finalize and implement all mortgage disclosure revisions by the Board, Bureau and other agencies in an orderly manner.

Click here to view a copy of the letter.

For more information, visit www.mortgagebankers.org.

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New Jersey bulletin regarding compensation for residential mortgage-related activity - Lexology

From Patton Boggs
The New Jersey Department of Banking and Insurance has issued a bulletin clarifying the permissible payment of compensation to loan officers. The bulletin makes clear that loan officers may be compensated for providing loan origination services as long as the loan officer and the employing entity were licensed at the time services were provided, regardless of when the compensation is actually paid. The bulletin further provides that payment for services rendered during any period for which the loan originator and/or entity were not licensed or registered is unlawful.     

See the bulletin here: http://www.state.nj.us/dobi/bulletins/blt10_29.pdf

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Foreclosure crisis update: FHA likely to move on faulty foreclosures - Lexology

Sources with close ties to the Federal Housing Administration (FHA) are saying that the agency is likely to soon begin taking steps to address faulty foreclosures of FHA-insured mortgages as a result of the recent foreclosure furor. Significant action is expected against FHA-approved mortgagees and mortgage servicers who did not follow FHA’s prescribed loss mitigation requirements and foreclosure procedures. The Department of Housing and Urban Development (HUD) has already taken a more vigorous enforcement approach over the last several months and has apparently been galvanized into action on the foreclosure front by the wave of publicity about improper foreclosure procedures. If it intends to come down heavily on FHA-approved mortgagees/servicers, it has the means to do so.    

HUD’s Mortgagee Review Board (MRB) will likely be the principal instrument of any assault on faulty foreclosures of FHA-insured loans. The MRB has been much more active under this Administration and now will probably wade into the foreclosure crisis. It can impose probation, suspension or termination (withdrawal) of FHA approval as sanctions on erring mortgagees and servicers. In addition, it has the authority, which it frequently uses, to collect civil money penalties from mortgagees/servicers for violations of HUD regulations and guidance. Presumably, HUD could take even more serious action outside the MRB’s scope if it discovers major misconduct, such as fraudulent filings.

Mortgagees who service FHA-approved mortgages should be concerned about the likelihood of FHA action. Loss mitigation and foreclosure procedures and case files of foreclosures should be carefully reviewed.  

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Saturday, November 6, 2010

A.M. Best Special Report: Title Results Rebound in 2009 and 2010, but Challenges Remain

After the real estate market freefall in 2008-when title insurance revenues fell sharply and most major title insurance underwriters posted net losses-operating results rebounded in 2009, although total industry written premiums declined from 2008 levels. During the first quarter of 2010, however, title insurance revenues-helped partly by federal policy and tax incentives-improved compared with the similar period in 2009.

While revenues were down in the second quarter of 2010, most major underwriters posted positive operating margins through the first six months of the year. Despite economic uncertainties and housing market challenges-particularly given recent foreclosure processing issues-A.M. Best Co. has revised its rating outlook for the title sector to stable from negative, given strengthened capitalization and improved operating performance trends.

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Friday, November 5, 2010

Ted C. Jones, Stewart Title's Chief Economist, Discusses Realities of Economic Recovery

November 4, 2010-Houston-

During the Institute for Regional Forecasting's biannual economic and real estate forecast, Ted C. Jones, chief economist, Stewart Title, addressed many people's questions regarding the future of the national and local economies and whether or not the national stimulus plan has really worked and if, indeed, the U.S. economy is really out of a recession.   

The presentation, "History May Not Repeat Itself, But it Certainly Does Rhyme" - Mark Twain, held at the Hyatt Regency Houston Hotel in downtown Houston, provided the newest economic statistics on  the global, national and local economies and included Jones' interpretation of what they all mean, especially to Houstonians and the regional economy.

Jones questioned whether an economic recovery could be realized without adding jobs.  While he does see job growth in the future, he said it would likely be ‘tepid' nationwide in the coming 18 to 24 months.  With statistics and an analysis of trends and econometric models, Jones dissected the current state of affairs of the global, national and local economies.  In contrasting Houston's economic performance in the past decade, Jones noted that while the U.S. lost 1.9 million jobs since September 2000, Houston added 300,000 jobs. 

He indicated that the national economy basically is sputtering on fumes regarding job growth.  He noted that deficit spending at a national level is not sustainable.  The U.S. had $10.7 trillion of national debt (excluding Social Security, Medicare and Medicaid commitments) at the end of 2008 and is projected to grow an additional $10.53 trillion by 2020-and that assumes that there are no new Federal programs, that cap and trade does not pass, and that health care is essentially revenue neutral. 

The national economy remains on life support from government spending.  As the Federal Reserve System heads into a second round of quantitative easing (known as QE2), it shows little progress has been made by the multi-trillion dollar stimulus in the past 21 months.  Just as University of Houston economist Barton Smith stressed the need for an exit plan by both the Federal Reserve Bank and the U.S. government in his economic forecast last May, Jones reiterated that no true recovery can be proclaimed until all of these economies can start growing again without life support.

via uh.edu

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Why is it important to use an Independent Title Agent « Tar Heel State Title, LLC

5 11 2010

The National Association of Independent Land Title Agents defines an Independent Title Agent as follows: “Any individual or entity authorized and licensed to issue title insurance policies that is not controlled by, whether directly or indirectly, a title insurance company/underwriter, bank, mortgage company, mortgage broker, real estate firm (including agents and brokers), builders, developers, appraisers, surveyors, any subsidiaries thereof, or by any other referral source.”

 They call them CBA’s or AfBA’s (Controlled Business Arrangements and Affiliated Business Arrangements) and they are legal as long as the nature of the business is disclosed to the buyer. The disclosure consists of a piece of paper stating basically XYZ Title Agent has a Controlled Business Arrangement with Mega Bank … Please sign here.

But what does that arrangement really mean? Well, Mega Bank owns XYZ Title Agent and XYZ Title Agent does what Mega Bank tells it to do.
So what does that mean to the buyer? Let’s say that Mr. Buyer is purchasing a foreclosed property and XYZ Title receives the title opinion from the closing attorney and that opinion discloses some problems with the foreclosure. As chances have it Mega Bank was the foreclosing lender. XYZ Title spots this and knowing that these foreclosure errors will bother Mega Bank, issues Mr. Buyer a clean title policy. Great for Mr. Buyer – right? Not really, you see the error that XYZ Title agent so graciously ignored was the fact the Out of State Foreclosed Owner was never provided notice of the foreclosure. Mr. Buyer found this out when the former owner knocked on the door and asked why someone was living in his house. Sure, the Title Insurance Underwriter will probably cover the claim, but that can take years. Does Mr. Buyer really need the stress of worrying that he might lose his home?
An Independent Title Agent would have refused to permit the transaction to close until the title was clear! CBA’s and AfBA’s have a benefit, but it’s not for the buyer, it’s for the owner of the CBA or AfBA.
For more information about the value of independent title agents visit http://www.nailta.org/

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Mortgage foreclosures in the spotlight

Issues regarding the process of handling mortgage foreclosures have cap-tured widespread attention during the last several weeks. While this is largely a documentation issue that is likely to be rectified relatively promptly by most lenders and servicers, allegations that large numbers of foreclosures have been processed without an adequate review of the relevant facts and that documents used in the foreclosure process did not meet legal require-ments have raised broad concerns among the government and industry, in-vestor and consumer groups about the mortgage finance business. Thus, the continuing task is the reconstruction of the credibility of mortgage finance systems.    

On the ground, there are significant aftershocks from the documentation disclosures, in the form of market and regulatory reaction:

  • Borrowers’ lawyers have brought a range of challenges in an effort to protect them from foreclosure, including allegations regarding allegedly improper foreclosure practices, claims relating to the use of the Mortgage Electronic Recording System (MERS) and challenges to the operation of the Home Af-fordable Modification Program (HAMP) in regard to loan modifications.  
  • The Attorneys General of all 50 states have announced a coordinated investigation of the mortgage servicing industry.  
  • The Office of the Comptroller of the Currency has reportedly initiated examinations of the foreclosure and loss-mitigation procedures at large national banks.  
  • The Federal Housing Finance Agency has in-structed Fannie Mae and Freddie Mac to re-quire their servicers to review foreclosure-related actions to ensure that any affidavits that have been filed were correct and com-plied with applicable law.  
  • Institutional investors, as well as the Federal Reserve Bank of New York, are seeking with increasing insistence to have the mortgage-backed securities they hold repurchased, based on questions regarding the servicing or credit quality of the underlying mortgage loans.  
  • To the extent that issues related to foreclo-sure processing may impact the stock price or financial performance of bank holding companies, shareholders may explore the possibility of alleging securities violations or mounting derivative actions against direc-tors or officers.  

Firms that participate in all phases of the home mortgage process from origination to securitiza-tion, servicing and foreclosure are likely to be drawn into some aspect of the current controversy and investigations. Our experience suggests that, to prepare for such potential challenges to past and current business practices and to reestablish credibility in the marketplace and with regulators, these parties should consider the following:  

  • An independent review of potential trouble areas to provide objective support for the essential integrity of the processes used in the past or to guide future efforts to identify potential remedial steps for operational and legal processes;
  • Participation by the audit committee or a special committee of the board of directors in order to provide appropriate board oversight and reassur-ance;  
  • Developing a strategy to address the concerns of regulators, particularly where companies may be subject to the jurisdiction of more than one state or federal financial regulatory agency, including how to deal with potential concurrent civil and criminal investigations, cease and desist orders, civil money penalties and various forms of restitu-tion;  
  • The dynamics of responding to multiple Attorneys General investigations and multi-faceted litigation and settlement processes, including shareholder and derivative suits;  
  • The impact on and potential liability of or to busi-ness partners, service providers, counterparties, investors and others in the mortgage finance chain.  

While the documentation deficiencies that have been alleged appear to be fixable, the aftermath of address-ing regulatory, investor and consumer concerns in order that the country can once again enjoy an efficient, effec-tive and reliable mortgage finance system will require more attention and thought. Success in that regard is likely to be the product of significant remedial and pro-active actions that rebuild confidence in institutions and processes.

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Tuesday, November 2, 2010

Florida Condo Sales Heating Up

Mortgage Rates: WHAT IF? WHAT IF?? WHAT IF???

Tomorrow is the day we've all been waiting for....

At 2:15pm, the Federal Open Market Committee (FOMC) will release their policy statement. At 2:15pm we find out if Quantitative Easing becomes a reality. At 2:15pm we find out if mortgage rates are destined to retest record lows.

Let's recap the "What If's" one more time...

 If you're still a passenger on the float boat, it's because you made a decision to pass on rates below 4.25% in favor of a chance to lock in a rate below 4.00%. It's because you decided to PLAY THE RANGE UNTIL BERNANKE PLAYED YOU

On November 3, 2010 I anticipate the Federal Reserve will announce another Quantitative Easing program. This event is expected to lead consumer borrowing costs back down to record lows, which means we should see mortgage rates dip below 4.00% with much more attractive float down structures (in terms of how long it will take to recover points paid at closing).

read the rest of this article.

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FLTA’s 2010 Annual Convention starts tomorrow

2010 Annual Convention - November 3 - 5

Wednesday – Friday, November 3-5
 
FLTA’s 2010 Annual Convention – will be held at the
Sawgrass Marriott, located at
1000 PGA Tour Blvd, Ponte Vedra Beach, FL 32082,
where we will “Accentuate the Positive”.
 
Sawgrass Marriott:   Our room block is full.  If you are told no rooms are available, contact linda@flta.org for alternatives.
 
 
The Agenda is now set AND we have a map of the meeting area to help you find your way (see links below). Committee meetings, official FLTA business, dynamite speakers, CE credits and fun, fun, fun to be had by all. Make your plans NOW to be there!
 
Registration forms are available through the link below. 
 
Time is running out.  The last day to make reservations via the FLTA office will be Friday, Ocotober 29.  After that date availability for various events could be questionable.  Please don't wait until then to send in your reservation.
 
You can email your registration to linda@flta.org
OR mail it to the FLTA office at 249 E Virginia St., Tallahassee, FL 32301
OR fax it to 850-681-6271.
CAUTION: If faxing your registration, please call first to be sure we are there and monitoring the fax machine. (We worry about your credit card info, too!)
 
If paying by credit card, we are so sorry, but we MUST add a 5% service charge to the total. There are fees charged to FLTA for processing cards and we have no choice but to pass the fee on to you. There is a spot on the registration form that asks you to add in this fee. If you “miss it” we’ll have to call you to get authorization from you before we process your registration.
 
We still have sponsor opportunities available, although the program is  now in production, so we can no longer accept ads for the program.

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Monday, November 1, 2010

4 Florida Defendants Sentenced for Mortgage Fraud |

Sixto Figueroa, 58, his wife Susy Figueroa, 45, Rolando Herrera, 64, and Manuel Garcia, 41, all of Miami, Florida, were all found guilty of participating in a mortgage fraud scheme that resulted in the issuance of $ 832,118 in mortgage loans from Wachovia Bank.

According to the evidence produced at trial and as previously reported on Mortgage Fraud Blog, defendants Sixto and Susy Figueroa owned residential lots in Port Labelle, Florida. The Figueroas recruited associates, including defendants Herrera and Garcia, who each received a fee for their participation in the crimes, to act as straw buyers to purchase lots from the Figueroas at inflated prices. Without the bank’s knowledge, the Figueroas provided the down payment to buy the properties and money to pay the mortgages for a period of time.

As part of the scheme, the Figueroas submitted loan applications to Wachovia that contained false information. The applications contained false information regarding the straw buyers’ financial condition, including fraudulent tax returns and fabricated bank statements, which falsely suggested that the straw buyers had greater income and assets than they actually did. Additionally, the HUD-1 Settlement Statements provided to Wachovia falsely stated that the straw buyers would use their own money to pay closing obligations, including the down payment. In fact, however, the Figueroas paid all of the straw buyers’ closing obligations.

After the loans were approved, the bank forwarded the loan proceeds to a title company for closing. For three of the property sales, at the Figueroa’s insistence, the title agent improperly released these funds to the Figueroas. They, in turn, used the money to pay the straw buyers’ closing obligations for those three deals. After the closing, each of the Wachovia mortgage loans eventually went into default after the non-qualifying straw buyers failed to make the required mortgage payments, resulting in substantial losses to Wachovia.

The defendants were found guilty of conspiracy to commit bank fraud and bank fraud, in violation of Title 18, United States Code, Sections 1349 and 1344. Each defendant faces a maximum of thirty years’ imprisonment. Sentencing is scheduled for September 2010.

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Michael K. Fithen, Special Agent in Charge, U.S. Secret Service, and James K. Loftus, Director, Miami-Dade Police Department made the announcement.

Mr. Ferrer commended the investigative efforts of the Federal State Mortgage Fraud Strike Force with special commendation to the Miami-Dade Police Department, Economic Crimes Bureau, and the U.S. Secret Service. The case is being prosecuted by Assistant U.S. Attorneys Joseph B. Shumofsky and Andrew K. Levi.

Mortgage Fraud Blog

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Commercial mortgage defaults:a mixed bag

According to the Mortgage Bankers Association's (MBA) Commercial/Multifamily Delinquency Report, delinquency rates were mixed in the second quarter of 2010 for commercial/multifamily mortgage investor groups. As the delinquency rate for commercial real estate loans in mortgage backed securities (CMBS) reached an all-time high, the delinquency rate for other groups of mortgages, though still elevated, remains below levels seen in the early 1990s, and in some cases by large margins.    

MBA reports that between the first quarter and second quarter of 2010, the 60+ day delinquency rate on loans held in life company portfolios decreased by 0.02 percentage points to 0.29 percent; the 60+ day delinquency rate on multifamily loans held or insured by Fannie Mae increased 0.01 percentage points to 0.80 percent; the 60+ day delinquency rate on multifamily loans held or insured by Freddie Mac increased 0.03 percentage points to 0.28 percent; and the 90+ day delinquency rate on loans held by FDIC-insured banks and thrifts remained unchanged at 4.26 percent.

Data assembled by Trepp, an independent provider of CMBS and commercial mortgage information, indicated that the delinquency rate for commercial real estate loans in CMBS has steadily accelerated, finally surpassing 9 percent after three consecutive months of somewhat moderate increases. The rate in September 2010 was up 13 basis points to 9.05 percent after increases of 21 basis points in August 2010; 12 basis points in July 2010; and 17 basis points in June 2010 and represents the highest delinquency rate since the development of the CMBS product line back in 1997.

To see table please click here.

However, this data does not tell the full story. While the delinquency rate increased somewhat significantly, an independent rating agency, Fitch Ratings, indicated that the increase was somewhat offset by a record number of loan resolutions. Fitch noted that nearly $2.1 billion of CMBS loans disappeared from its delinquency index in August through a combination of liquidations, repayments upon refinancing, corrections and modifications. It would appear that while delinquent loans are being worked out at an increased rate, the overall volume of new delinquencies continues to grow at a steady level.

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