Monday, February 14, 2011

Obama Administration Announces Plan to Wind Down Fannie, Freddie

Today, the Obama Administration delivered a report to Congress that provides a path forward for reforming America’s housing finance market.  The Administration’s plan will wind down Fannie Mae and Freddie Mac and shrink the government's current footprint in housing finance on a responsible timeline.  The plan also lays out reforms to continue fixing the fundamental flaws in the mortgage market through stronger consumer protection, increased transparency for investors, improved underwriting standards, and other critical measures.  Additionally, it will help provide targeted and transparent support to creditworthy but underserved families that want to own their own home, as well as affordable rental options.

“This is a plan for fundamental reform – to wind down the GSEs, strengthen consumer protection, and preserve access to affordable housing for people who need it,” said Treasury Secretary Tim Geithner. “We are going to start the process of reform now, but we are going to do it responsibly and carefully so that we support the recovery and the process of repair of the housing market.”

 “This report provides a strong plan to fix the fundamental flaws in the mortgage market and better target the government’s support for affordable homeownership and rental housing,” said Housing and Urban Development Secretary Shaun Donovan.  We must continue to take the necessary steps to ensure that Americans have access to quality housing they can afford.  This involves rebalancing our housing priorities to support a range of affordable options, from promoting much-needed financing for quality, affordable rental homes to ensuring the availability of safe, and sustainable mortgage products for current and future homeowners.”

The Obama Administration's reform plan will:

1.      Wind Down Fannie Mae and Freddie Mac and Help Bring Private Capital Back to the Market.  In the wake of the financial crisis, private capital retreated from the housing market and has not yet returned, leaving the government to guarantee more than nine out of every 10 new mortgages.  That assistance has been essential to stabilizing the housing market.  However, the Obama Administration believes that, under normal market conditions, the private sector – subject to stronger oversight and standards for consumer and investor protection – should be the primary source of mortgage credit and bear the burden for losses. 

The report recommends using a combination of policy levers to wind down Fannie Mae and Freddie Mac, shrink the government’s footprint in housing finance, and help bring private capital back to the mortgage market.  The Obama Administration is committed to proceeding with great care as we work toward the objective of ensuring that government support is withdrawn at a responsible pace that does not undermine the economic recovery. 

·         Phasing in Increased Pricing at Fannie Mae and Freddie Mac to Make Room for Private Capital, Level the Playing Field.  The Administration recommends ending unfair capital advantages that Fannie Mae and Freddie Mac previously enjoyed by requiring them to price their guarantees as though they were held to the same capital standards as private banks or financial institutions.  This will help level the playing field for the private sector to take back market share.  Although the pace of these increases will depend significantly on market conditions, the Administration recommends bringing Fannie Mae and Freddie Mac to a level even with the private market over the next several years.

·         Reducing Conforming Loan Limits.  To further reduce Fannie Mae and Freddie Mac’s presence in the market, the Administration recommends that Congress allow the temporary increase in those firms’ conforming loan limits (the maximum size of a loan those firms can guarantee) to reset as scheduled on October 1, 2011 to the levels set in the Housing and Economic Recovery Act (HERA). We will work with Congress on additional changes to conforming limits going forward. 

·         Phasing in 10 Percent Down Payment Requirement: To help further protect taxpayers, we recommend requiring larger down payments from borrowers.  Going forward, we support gradually increasing required down payments so that any mortgage that Fannie Mae and Freddie Mac guarantee eventually has at least a 10 percent down payment.

·         Winding Down Fannie Mae and Freddie Mac’s Investment Portfolios: The Administration’s plan calls for continuing to wind down Fannie Mae and Freddie Mac’s investment portfolio at an annual rate of no less than 10 percent per year. 

·         Returning Federal Housing Administration (FHA) to its Traditional Role.  As Fannie Mae and Freddie Mac’s presence in the market shrinks, we will encourage program changes at FHA to ensure that the private sector – not FHA – picks up this new market share.  The Administration recommends that Congress allow the present increase in FHA conforming loan limits to expire as scheduled on October 1, 2011, after which it will explore further reductions.  The Administration will also put in place a 25 basis point increase in the price of FHA’s annual mortgage insurance premium, as detailed in the President’s 2012 Budget. 

Throughout the transition, we remain committed to ensuring that Fannie Mae and Freddie Mac have sufficient capital to perform under any guarantees issued now or in the future and the ability to meet any of their debt obligations.  This assurance is essential to continued economic stability.        

We recognize the critically important role that Fannie Mae and Freddie Mac and their employees have played in the housing finance market while they have operated in conservatorship. We look forward to continuing to work with them to find ways to develop and implement the longer term reform solutions that the Administration determines together with Congress.

2.      Fix the Fundamental Flaws in the Mortgage Market.  The Obama Administration is committed to fixing the fundamental flaws in the housing finance chain.  That process is already underway as we move to fundamentally transform the mortgage market through the Dodd-Frank Wall Street Reform and Consumer Protection Act’s (Dodd-Frank Act’s) critical reforms.  Implementing these key measures, as well as additional reforms outlined in this report, will help to strengthen the long-term health of the mortgage market for borrowers, lenders, and investors.

·         Helping Consumers Avoid Unfair Practices and Make Informed Decisions About Mortgages: The Administration will continue to implement the Dodd-Frank Act’s reforms to strengthen anti-predatory lending protections, improve underwriting standards, require lenders to verify a borrowers’ ability to pay, and provide increased mortgage disclosures for consumers.

·         Increasing Accountability and Transparency in the Securitization Process: The Administration is currently working on rules to require originators and securitizers to keep greater “skin in the game” and to align incentives across the
securitization chain.  Dodd-Frank charged the SEC with setting stricter disclosure requirements so that investors can more easily understand the underlying risks of securities, and establishing an Office of Credit Ratings to more effectively regulate the credit rating agencies.

·         Creating a More Stable Mortgage Market: The Administration supports stronger capital standards to help ensure that banks can better withstand future downturns, declines in home prices and other sudden shocks, without jeopardizing the health of the economy.  Additionally, the comprehensive reforms undertaken pursuant to the Dodd-Frank Act to constrain excessive risk in the financial system, including strengthened and coordinated oversight through the Financial Stability Oversight Council (FSOC), will help build a healthier and more stable mortgage market for the long term.

·         Servicing and Foreclosure Processes: The Administration supports several immediate and near-term reforms to correct problems in mortgage servicing and foreclosure processing to better serve both homeowners and investors.  These include putting in place national standards for mortgage servicing; reforming servicing compensation to help ensure servicers have proper incentives to invest the time and effort necessary to work with borrowers to avoid default or foreclosure; requiring that mortgage documents disclose the presence of second liens and define the process for modifying a second lien in the event the first lien becomes delinquent; and considering options for allowing primary mortgage holders to restrict, in certain circumstances, additional debt secured by the same property.

·         Forming a New Task Force on Coordinating and Consolidating Existing Housing Finance Agencies: Following on the President’s call in the State of the Union to reform government to build a stronger future, the Administration will create a task force to explore ways in which the Department of Housing and Urban Development, the Department of Agriculture, and the Department of Veterans’ Affairs housing finance programs can be better coordinated, or even consolidated.

3.      Better Target the Government's Support for Affordable Housing.  The Administration believes that we must continue to help ensure that Americans have access to quality housing they can afford.  This does not mean, however, that our goal is for all Americans to become homeowners.  Instead, we should make sure opportunities are available for all Americans who have the credit history, financial capacity, and desire to own a home have the opportunity to take that step.   At the same time, we should ensure that there are a range of affordable options for the millions of Americans who rent, whether they do so by choice or financial necessity.  Moving forward, we must design access and affordability policies that are better targeted and focused on providing support that is financially sustainable for families and communities.  The Administration recommends initially focusing our efforts on four primary areas:

·         Reforming and Strengthening the FHA: We will continue to ensure that creditworthy borrowers who have incomes up to the median level for their area have access to affordable mortgages, but we will do so in a way that is healthy for FHA’s long-term finances, including considering options such as lowering the maximum loan-to-value ratios for qualifying mortgages and adjusting pricing.

·         Rebalancing our Housing policy and Strengthening Support for Affordable Rental Housing: The plan advocates additional support for rental housing through measures that could include expanding the FHA’s capacity to support lending to the multifamily market, with reforms like risk sharing with private lenders and dedicated programs for hard to reach property segments like smaller properties.

·         Ensuring that Capital is Available to Credit-worthy Borrowers in All Communities, Including Rural Areas, Economically Distressed Regions, and Low-income Communities:  The plan calls for greater transparency by requiring securitizers to disclose information on the credit, geographic, and demographic characteristics of the loans they package into securities.  The Administration will explore other measures to make sure that secondary market participants are providing capital to all communities in ways that reflect activity in the private market, consistent with their obligations of safety and soundness. 

·         Supporting a Dedicated Funding Source for Targeted Access and Affordability Initiatives: The plan calls for a dedicated, budget neutral, financing mechanism to support homeownership and rental housing objectives.  The Administration will work with Congress on developing this funding mechanism going forward. 

4.      Longer-Term Reform Choices.  The report also puts forward longer-term reform choices for structuring the government’s future role in the housing market.  Each of these options would produce a market where the private sector plays the dominant role in providing mortgage credit and bears the burden for losses, but each also has unique advantages and disadvantages that we must consider carefully. 

Deciding the best way forward will require an honest discussion with Congress and other stakeholders about the appropriate role of government over the longer term.  The Obama Administration looks forward to working to build consensus, on a bipartisan basis, with a wide range of stakeholders on this issue. 

To read the Obama Administration's report on the future of housing finance, please visit, link. ?

Title Insurance Industry Free Classifieds
New Jersey Title Insurance Linkedin Group

RealtyTrac: Foreclosure Activity Increases 1 Percent in January

RealtyTrac,  the leading online marketplace for foreclosure properties, today released its  U.S. Foreclosure Market Report for January 2011, which shows foreclosure  filings — default notices, scheduled auctions and bank  repossessions — were reported on 261,333 U.S. properties in January, a 1 percent increase from the previous month but a 17 percent decrease from January  2010. The report also shows one in every 497 housing units received a  foreclosure filing during the month.

“We’ve now seen three straight months with fewer  than 300,000 properties receiving foreclosure filings, following 20 straight  months where the total exceeded 300,000,” said James J. Saccacio, chief  executive officer of RealtyTrac. “Unfortunately this is less a sign of a robust  housing recovery and more a sign that lenders have become bogged down in  reviewing procedures, resubmitting paperwork and formulating legal arguments  related to accusations of improper foreclosure processing.”

Foreclosure Activity by Type
A total of 75,198 U.S. properties received default  notices (NOD, LIS) in January, a 1 percent decrease from the previous month  and a 27 percent decrease from January 2010 — the 12th straight  month where default notices decreased on a year-over-year basis. January was  also the fourth straight month where default notices decreased on a  month-over-month basis, giving it the lowest monthly total for default notices  since July 2007. 

Default notices in states with a non-judicial  foreclosure process (NOD) increased less than 1 percent from the previous month  but were down 8 percent from January 2010, while default notices in states with  a judicial foreclosure process (LIS) decreased 2 percent from December and were  down 39 percent from January 2010.

Foreclosure  auctions (NTS, NFS) were scheduled for the first time on a total of 108,002  U.S.  properties in January, a 4 percent decrease from the previous month and a 13  percent decrease from January 2010. It was the lowest monthly total for scheduled  foreclosure auctions since February 2009.

Scheduled non-judicial foreclosure auctions (NFS)  decreased 1 percent from December and were down 3 percent from January 2010,  while scheduled judicial foreclosure auctions (NTS) decreased 14 percent from  the previous month and were down 39 percent from January 2010.

Lenders foreclosed on 78,133 U.S. properties  in January, up 12 percent from the previous month but still down 11 percent  from January 2010. Bank repossessions (REO) in non-judicial foreclosure states  increased 23 percent from December but were still down 9 percent from January  2010, while bank repossessions in judicial foreclosure states decreased 7  percent from the previous month and were down 16 percent from January 2010.

Nevada, Arizona, California post top state foreclosure rates
Nevada bank  repossessions increased 16 percent from the previous month, helping the state  maintain the nation’s highest state foreclosure rate for the 49th  straight month — despite month-over-month decreases in default notices and  scheduled auctions. One in every 93 Nevada  housing units received a foreclosure filing in January — more than five times  the national average.

One in every 175 Arizona housing  units received a foreclosure filing in January, the nation’s second highest  state foreclosure rate. Arizona  foreclosure activity increased 16 percent from the previous month — driven by a  54 percent month-over-month increase in REOs — but was still down 25 percent  from January 2010.

California REO  activity increased 32 percent from the previous month, and the state posted the  nation’s third highest state foreclosure rate, with one in every 200 housing  units receiving a foreclosure filing.

Idaho posted the nation’s  fourth highest state foreclosure rate, with one in every 241 housing units  receiving a foreclosure filing, while Utah posted the nation’s fifth highest  state foreclosure rate, with one in every 265 housing units receiving a  foreclosure filing during the month.

Other states with  foreclosure rates ranking among the top 10 in January were Michigan,  Georgia, Illinois,  Florida and Colorado.

Five states account for more than 50 percent of  national total
With 67,072 properties  receiving a foreclosure filing, California  accounted for more than 25 percent of the national total in January. After  hitting a 25-month low in November, California  foreclosure activity has increased on a month-over-month basis for two straight  months.

Florida foreclosure  activity decreased on a month-over-month basis for the fourth straight month,  but the state’s 21,671 properties receiving a foreclosure filing in January — a  42-month low — was still the second highest in the nation.

Michigan foreclosure  activity increased for the second straight month, and the state posted the  nation’s third highest total, with 16,716 properties receiving a foreclosure  filing in January.

Arizona posted the nation’s fourth highest total,  with 15,757 properties receiving a foreclosure filing, whileTexas posted the  nation’s fifth highest total, with 14,897 properties receiving a foreclosure  filing during the month.

Other states with  foreclosure activity totals among the nation’s 10 highest in January were Illinois (13,164), Georgia  (12,772), Nevada (12,263), Ohio  (8,924) and New Jersey  (5,526).

Top 10 metro rates in Nevada,  California, Arizona,  while Florida  metros drop
  With one in every 82  housing units receiving a foreclosure filing in January, the Las  Vegas-Paradise, Nev., metro area maintained the nation’s highest  foreclosure rate among metropolitan areas with a population of 200,000 or more.  Las Vegas  foreclosure activity decreased nearly 13 percent from the previous month and  increased less than 1 percent from January 2010.

The other Nevada metro area in the  top 10 was Reno-Sparks, at No. 5 with one in every 132 housing units receiving  a foreclosure filing.

Seven California  metro areas posted foreclosure rates in the top 10, led by Modesto,  at No. 2 with one in every 111 housing units receiving a foreclosure filing; Stockton, at No. 3 with  one in every 114 housing units receiving a foreclosure filing; and  Riverside-San Bernardino-Ontario, at No. 4 with one in every 120 housing units  receiving a foreclosure filing. Other California metro areas with foreclosure  rates in the top 10 were Vallejo-Fairfield at No. 6 (one in 135 housing units);  Bakersfield at No. 7 (one in 143); Merced at No. 9 (one in 149); and  Sacramento-Arden-Arcade-Roseville at No. 10 (one in 151). Sacramento  was the only California  metro area in the top 10 to report increasing foreclosure activity on a month-over-month  and year-over year basis.

With one in every 143  housing units receiving a foreclosure filing in January, the  Phoenix-Mesa-Scottsdale metro area posted the nation’s eighth highest metro  foreclosure rate.

No Florida cities showed up in the top 20 metro  foreclosure rates in January. In contrast the state accounted for nine of the  top 20 metro foreclosure rates in 2010.

Title Insurance Industry Free Classifieds
New Jersey Title Insurance Linkedin Group

Tuesday, February 8, 2011

Old Computers and Privacy Issues

What do we need to think about when disposing of old computers? The data on the hard drive may contain personal information about customers.  Does a simple re-format of the drive eliminate all the info?  Would that comply with Pricacy law requirements to protect consumer privacy. 

Is there a specific guide available to follow when updating equipment and disposing of the old?

Any insight would be appreciated.

Title Insurance Industry Free Classifieds
New Jersey Title Insurance Linkedin Group

Monday, February 7, 2011

Clear Capital Sees Signs of Upturn in U.S. Home Prices

Clear Capital has released new home price data, with an encouraging, albeit cautious, analysis to boot.

The California-based real estate valuation company reports that through the end of January, national home prices are down 1.6 percent on a rolling quarter-over-quarter basis. But despite the negative quarterly price change, Clear Capital says the national index has demonstrated a positive trend since the start of 2011.

Clear Capital’s latest release shows that U.S. home prices stopped declining in early January and have posted their first uptick since mid-August 2010.

“This recent national change in price direction is encouraging for the overall housing sector, yet it is still too early to determine whether this current uptick in home prices is a temporary reprieve or the start of a sustained recovery,” said Dr. Alex Villacorta, senior statistician at Clear Capital.

Villacorta went on to explain, “This uptick is the first non-incentivized change in prices we’ve seen since the downturn began, and could provide great opportunity for

buyers, sellers, and investors alike. Although many markets still remain under significant downward pressure in light of increased distressed sale activities, it is clear that the severity of the downturns observed in October and November have subsided.”

Based on sales transactions through the end of January, the company’s report says “national home prices have turned the corner.” Clear Capital adds that this observed change in prices is especially meaningful as the first months of the year are typically affected by the seasonal slowdown in sales activity.

The company says one primary driver that may explain the cause for the sudden increase in prices is the slowing of the rate of sale of REO properties.

Clear Capital also keeps close track of what the company calls REO saturation, calculated as the percentage of REO homes sold as compared to all properties sold in the last rolling quarter. The data show that every spike in REO saturation has corresponded with a decline in home prices, and vice versa.

According to the company’s latest report, the most recent rolling quarter for REO saturation has slowed considerably after gaining 3.2 percent during Q3 2010, with national REO rates only climbing 1.4 percent.

“A decrease in REO saturation indicates that an increasing proportion of fair market transactions are occurring, and as the level of distressed transactions decrease, prices tend to increase since the overall market value for an area is less affected by distressed comparable sales,” Clear Capital explained.

The company continued, “If this observed negative correlation persists, a leveling off of the national REO saturation rate could indicate that home prices are poised for further gains well ahead of the seasonal spring lift.”

Title Insurance Industry Free Classifieds
New Jersey Title Insurance Linkedin Group

where-will-housing-bounce-back-most: Personal Finance News from Yahoo! Finance

If you live in a city like San Diego or Pittsburgh and own your home, you can probably count on a rise in its value this year. That's the conclusion of a new study from Veros Real Estate Solutions, which found that 40% of major metro markets will see a bounceback in home values in 2011. Looking at all markets, Veros also found that cities with under 250,000 people will make up the majority of those with positive growth.

The survey comes at a time when the health of the U.S. housing market is in serious question. The national median U.S. home price is $168,800 -- 1% below December 2009, according to the National Association of Realtors. The NAR blames the stagnant home prices on the rising sales of distressed homes.

"The modest rise in distressed sales, which typically are discounted 10% to 15% relative to traditional homes, dampened the median price in December, but the flat price trend continues," says Lawrence Yun, NAR chief economist.

But according to Vero Real Estate's VeroForecast, there is a light at the end of the tunnel -- at least for some. Using what it calls "advanced analytics and micro-market data," the Santa Ana, California-based company says that smaller cities seem to be faring best with housing prices right now, a trend that should continue for the rest of 2011.

Citing data from December 2010 and projecting through December 2011, the report notes that "smaller metro markets with populations less than 250,000 make up the majority of the better appreciating markets."

Such cities, which include Fargo, N.D. -- ranked second overall -- can expect home price appreciation of 2.5% to 3.5%% in 2011.

On the downside, Florida is expected to experience the most depreciation, with key areas like Orlando, Daytona Beach and Port St. Lucie all suffering the greatest percentage of housing price loss in 2010.

See the following chart for Vero's top five and bottom five housing markets:

5 Strongest U.S. Housing Markets: Dec. 2010-Dec. 2011

San Diego, Calif. +3.5%
Kennewick, Wash. +3.4%
Pittsburgh, Pa. +2.7%
Fargo, N.D. +2.6%
Washington, D.C. +2.5%

5 Weakest U.S. Housing Markets: Dec. 2010-Dec. 2011

Reno, Nev. -7.2%
Orlando, Fla. -6.5%
Boise City, Id. -6.4%
Daytona Beach, Fla. -6.3%
Port St. Lucie, Fla. -6.3%

Regionally, the report sees more vigorous recovery in the South, with overall growth rates being the best in Texas, Louisiana and Arkansas. Besides Florida, the weakest regions for home prices are the pariahs of the housing crisis -- California and Nevada.

Vero also says that while overall growth isn't exactly robust, price trends are stronger than they were a year ago: "It is noteworthy that depreciating forecasts remain much better than those from a year ago with nothing worse than 7% depreciation," says Eric Fox, an analyst at Vero Real Estate Solutions. "A year ago, we were seeing some markets with depreciation rates in the double-digit range."

"Approximately 40% of all major metro areas are forecast to appreciate over the next 12 months, even though appreciation is expected to be mild," he adds. "Looking out to the 12 to 24 month horizon, nearly 60% of markets are expected to appreciate. So while things aren't happening rapidly, the forecast indicates they are getting better."

That would certainly be great news for the embattled U.S. housing market. After years of stagnant growth, more key areas seem to be going in the right direction.

Title Insurance Industry Free Classifieds
New Jersey Title Insurance Linkedin Group

where-will-housing-bounce-back-most: Personal Finance News from Yahoo! Finance

If you live in a city like San Diego or Pittsburgh and own your home, you can probably count on a rise in its value this year. That's the conclusion of a new study from Veros Real Estate Solutions, which found that 40% of major metro markets will see a bounceback in home values in 2011. Looking at all markets, Veros also found that cities with under 250,000 people will make up the majority of those with positive growth.

The survey comes at a time when the health of the U.S. housing market is in serious question. The national median U.S. home price is $168,800 -- 1% below December 2009, according to the National Association of Realtors. The NAR blames the stagnant home prices on the rising sales of distressed homes.

"The modest rise in distressed sales, which typically are discounted 10% to 15% relative to traditional homes, dampened the median price in December, but the flat price trend continues," says Lawrence Yun, NAR chief economist.

But according to Vero Real Estate's VeroForecast, there is a light at the end of the tunnel -- at least for some. Using what it calls "advanced analytics and micro-market data," the Santa Ana, California-based company says that smaller cities seem to be faring best with housing prices right now, a trend that should continue for the rest of 2011.

Citing data from December 2010 and projecting through December 2011, the report notes that "smaller metro markets with populations less than 250,000 make up the majority of the better appreciating markets."

Such cities, which include Fargo, N.D. -- ranked second overall -- can expect home price appreciation of 2.5% to 3.5%% in 2011.

On the downside, Florida is expected to experience the most depreciation, with key areas like Orlando, Daytona Beach and Port St. Lucie all suffering the greatest percentage of housing price loss in 2010.

See the following chart for Vero's top five and bottom five housing markets:

5 Strongest U.S. Housing Markets: Dec. 2010-Dec. 2011

San Diego, Calif. +3.5%
Kennewick, Wash. +3.4%
Pittsburgh, Pa. +2.7%
Fargo, N.D. +2.6%
Washington, D.C. +2.5%

5 Weakest U.S. Housing Markets: Dec. 2010-Dec. 2011

Reno, Nev. -7.2%
Orlando, Fla. -6.5%
Boise City, Id. -6.4%
Daytona Beach, Fla. -6.3%
Port St. Lucie, Fla. -6.3%

Regionally, the report sees more vigorous recovery in the South, with overall growth rates being the best in Texas, Louisiana and Arkansas. Besides Florida, the weakest regions for home prices are the pariahs of the housing crisis -- California and Nevada.

Vero also says that while overall growth isn't exactly robust, price trends are stronger than they were a year ago: "It is noteworthy that depreciating forecasts remain much better than those from a year ago with nothing worse than 7% depreciation," says Eric Fox, an analyst at Vero Real Estate Solutions. "A year ago, we were seeing some markets with depreciation rates in the double-digit range."

"Approximately 40% of all major metro areas are forecast to appreciate over the next 12 months, even though appreciation is expected to be mild," he adds. "Looking out to the 12 to 24 month horizon, nearly 60% of markets are expected to appreciate. So while things aren't happening rapidly, the forecast indicates they are getting better."

That would certainly be great news for the embattled U.S. housing market. After years of stagnant growth, more key areas seem to be going in the right direction.

Title Insurance Industry Free Classifieds
New Jersey Title Insurance Linkedin Group

Thursday, February 3, 2011

You're Not Entitled to Your Own Facts, Even When Slamming MERS

There are legitimate, substantial concerns about the legal foundation of MERS-- I think most folks who have followed the foreclosure mess can agree on that.  But there is also a lot of blatant misinformation out there coming from MERS critics, and some of it is coming from folks who are presenting themselves as experts on the issue.

For example, University of Missouri Kansas City professor of economics and frequent mortgage crisis blogger/pundit L. Randall Wray, a frequent and vocal critic of the banks and of MERS, just flat out makes stuff up regarding the recent Ibanez decision in Massachusetts in his article, Requiem for MERS (and the Banks That Created the Frankenstein Monster), which appeared yesterday on the Huffington Post. Wray claims that the Massachusetts Supreme Court decision in U.S. Bank v. Ibanez is one of several "recent developments that put the final nails in MERS's coffin," but from his writeup of the case, it is hard to fathom that he even read the case or has any familiarity with it whatsoever.

Slade Smith's Blog ::

Professor Wray wrote:

Ibanez decision in Massachusetts.  Courts continue to chip away at the arguments made by banks and their Frankenstein creation, MERS, to justify foreclosure without proper documentation. MERS was manufactured by the industry to evade proper recording of property sales in county recorder's offices. This not only cheated the recorders out of fees and Uncle Sam out of federal taxes, but it also broke the chain of title. The fiction perpetrated by MERS is that it is simultaneously a nominee of the true owner of the mortgage debt and at the same time it is the beneficiary of the security instrument. (You cannot simultaneously be the party of interest and the nominee, of course.) It also disclaims any financial interest in the mortgage and has no claim on the mortgage payments. But it claims that it can operate as the agent of unnamed owners of the mortgage instrument, unknown owners who--since they are unknown -- have never designated MERS as agent. The Massachusetts Supreme Court ruled decisively against MERS's claims, and a growing number of other state supreme courts (Nevada, New York, Kansas, Idaho) have agreed that MERS is only a nominee or "straw man" (as Kansas put it) with no standing to foreclose.

Here's the facts: MERS had no "claim" in the Ibanez case-- Ibanez's mortgage was not even a MERS mortgage!

Furthermore, according to the land court case which the Massachusetts Supreme Court upheld, U.S. Bank might have been better off it his mortgage had been a MERS mortgage!  The reason that the land court judge threw out the Ibanez foreclosure was because U.S. Bank had not been properly assigned the mortgage at the time of the foreclosure sale, according to the financial entities' own rules.  One of the possible ways that they could have been properly assigned the mortgage, according to the securitization agreements that the judge relied on in his decision, would have been if they had received an assignment of the mortgage in recordable form from the entity they claimed transferred the mortgage to them.  But for MERS mortgages, these agreements waived the requirement of an assignment in recordable form. 

As far as the Massachusetts Supreme Court decision?  Well, MERS is not even mentioned in that-- not once.  Why would it?  Again, the mortgages at issue were not MERS mortgages!

So when Wray says that "[t]he Massachusetts Supreme Court ruled decisively against MERS's claims" in the Ibanez case, he is just making stuff up out of thin air. The Ibanez decision had next to nothing to do with MERS at all.

Furthermore, Ibanez was not about "proper recording of property sales in county recorder's offices" either, despite Wray's claims.   The Massachusetts Supreme Judicial Court decision states just the opposite in clear black and white letters:

We do not suggest that an assignment must be in recordable form at the time of the notice of sale or the subsequent foreclosure sale, although recording is likely the better practice. Where a pool of mortgages is assigned to a securitized trust, the executed agreement that assigns the pool of mortgages, with a schedule of the pooled mortgage loans that clearly and specifically identifies the mortgage at issue as among those assigned, may suffice to establish the trustee as the mortgage holder.

What is laughable in his piece is that Wray whines in his piece about his critics.  "Whenever those who are critical of MERS and the banksters post blogs about the multiple frauds, we are attacked by commentators -- presumably industry hacks -- who try to obfuscate the issues," he says.  As someone who battled it out on the political blogs for years, I couldn't help but notice that the bloggers who played fast and loose with the truth were often the same ones who thought that anyone who criticized them was an industry shill or had some other ulterior motive.  I guess the same holds true for professors!  If this Huffington Post piece is any indication of the quality of the professor's work, Wray deserves critics and probably ought to have a few more of them. 

I understand that there are many thoughtful and knowledgeable people who have legitimate and substantial criticisms of MERS, and I agree with many of those criticisms. Many of these folks want to see and end to MERS in one fashion or another, for good and well considered reasons.  It may be tempting for otherwise thoughtful people to find common cause with folks like Wray who are outspoken opponents of MERS and the banks and want to see them destroyed. 

But I think it's important to recognize that some folks are just interested grinding axes.  I think some of MERS's critics are more interested in cultivating the choir they are preaching to than solving the many serious problems that we face-- and that in their eagerness to pump themselves up in the eyes of their readers by piling on the deservedly unpopular banks, they actually end up standing in the way of progress by failing to talk about solutions in a meaningful way. Wray doesn't seem really interested in solutions to the problems that MERS has posed, or integrity in land recording systems, or clean land titles out of foreclosure.  For example, check out how he casually tosses aside the entirety of the traditional land title system in one sentence when discussing Marcy Kaptur's recent MERS bill:

In response to this mess, Representative Marcy Kaptur (Ohio) is going to introduce legislation to prohibit Fannie and Freddie from buying new mortgages that are registered in MERS. Since there is virtually no activity in mortgage markets save what Fannie and Freddie are doing, this would effectively take away all new business from MERS.

Further, her legislation would direct HUD to study the creation of a federal land title system to replace MERS while protecting rights of state and local governments. This is a sensible solution that would modernize the recording and tracking of property ownership. At the same time it would put out of business the hopelessly incompetent MERS, which has partnered with the banksters to perpetrate foreclosure fraud. Bye bye fraudsters.

I'm a big proponent of reform of land title recordation systems, but pseudo-reformers like Wray who throw out "solutions" like this just to pretend that they have the answers are the unwitting allies of those who would like to keep MERS as-is, such as ALTA, which failed to mention to its members in an alert that the only binding part of the Kaptur bill is not about creating a federal land title system, but rather about prohibiting federal insurance and guarantees on MERS mortgages.  ALTA apparently would like its membership to advocate for MERS without knowing that they are doing so. With statements like this, Wray and his ilk may help ALTA play up the minimal threat of a federal land title system.

Title Insurance Industry Free Classifieds
New Jersey Title Insurance Linkedin Group