Living In Tucson Blog

Homebuyer’s tax credit update

There was some encouraging news on the extension of the $8000 tax credit for first time buyers. The Senate reached an agreement to extend the tax credit and added a $6500 tax credit for other primary home buyers. They also raised the qualifying income limits, in a meaningful way, increasing single taxpayer’s  income from $75,000 to $125,000 and joint taxpayer’s income from $150,000 to $250,000. Buyers must have an executed purchase agreement by April 30, 2010 and will have to close by June 30, 2010. More details are likely to come. Changes may occur in the reconciliation of the bill with the House and when voting takes place. The White House is strongly in favor of an extension of the tax credit especially for first time buyers.

 Appraisal Reforms My Be Terminated

According to Ken Harney of  The Washington Post in his recent column, the Home Valuation Code of Conduct (HVCC) could be on its way out. A bi-partisan amendment was approved October 22 by the House Financial Services Committee. The “Home Valuation Code of Conduct” would be terminated early in the existence of a proposed new Consumer Financial Protection Agency. The agency’s director would replace the code with a new procedure. The code was implemented last May as a firewall between lenders and appraisers to remove any collusion and inflated value. HVCC has created appraisal management companies which in some cases, collects fees from borrowers, pays appraisers reduced fees for their appraisals and pockets the difference. This practice has resulted in inferior quality appraisals. Some management companies hire inexperienced personal willing to work for lower fees and appraisers unfamiliar with the areas they are assigned to appraise. There have been many complaints since HVCC’s inception. In Michigan, The National Association of Home Builders contends the code is impeding new construction as well. More than half of the 500 builders who responded to a recent survey said at least one of their new homes was appraised at less than the cost of construction.  On the other hand, Freddie Mac stated on October 20^th the quality of appraisals has improved.

Personally, I think the system could use some tweaking. I have recently received low value appraisals. It has been a difficult and arduous process to get the appraisers to reconsider the values. You would think a buyer and seller agreeing to a sales price would also influence home values! I am certain we can come up with a better system that will allow independence between appraisers, Realtors, borrowers and lenders.

PHH Corporation names Jerome Selitto CEO 

An issue close me, David Wolsky. My company, PHH Mortgage hires a new CEO. Veteran Industry Leader Brings to PHH Successful Track Record of Innovation, Transformation and Value Creation in Mortgage Business

 MT. LAUREL, N.J. – October 26, 2009 – The Board of Directors of PHH Corporation (NYSE: PHH) today announced that Jerome J. Selitto has been named President and Chief Executive Officer and appointed to the Board of Directors, effective immediately.  George Kilroy, who in June had stepped in on an interim basis as Acting President and CEO of PHH, will continue to lead the company’s fleet management business and serve as a member of the company’s Board of Directors.

 Mr. Selitto brings to PHH nearly forty years of experience in the mortgage industry and in capital markets, as well as a long and successful track record of building companies that have created value by transforming key sectors of the home lending market.  Mr. Selitto served most recently as a senior consultant and then member of the senior management team of mortgage industry software provider Ellie Mae and, before that, as Chief Executive Officer of DeepGreen Financial, the groundbreaking online home equity lender that he helped found.  Earlier, he launched and helped lead mortgage insurance company Amerin Guaranty Corporation (now Radian Guaranty) and held senior leadership positions at First Chicago Corporation, PaineWebber and Kidder, Peabody & Co.

 Jim Egan, Chairman of the PHH Corporation Board of Directors said, “Jerry Selitto is an innovative leader with a proven ability to drive change in an organization and execute transformational strategies that create value for its stakeholders.  Jerry was the architect of two companies in the mortgage industry that created distinctive competitive advantages, found innovative and cost-efficient ways to serve their customers and created new opportunities to generate revenue.  We are confident that his strategic vision, leadership ability and experience re-designing corporate processes will drive increased value across our mortgage and fleet management businesses and help take PHH to a new level of success.”

 Mr. Selitto said, “I am thrilled to have the opportunity to join PHH.  This is a great company with valuable assets, talented employees, world-class clients, and significant opportunities for growth.  PHH’s mortgage and fleet management businesses are well-positioned in the marketplace, and I look forward to working closely with my colleagues across the company to create new opportunities and significant value for our shareholders, customers and employees.”

Economic Update For The Week of November 2nd 

This is a big week for economic information. The Federal Reserve Open Market Committee meets on Tuesday and their monetary policy statement is released on Wednesday. On Friday, we have the jobs report which is an important report especially with unemployment hovering around 10%. Some good news in our industry, the house and senate voted on Friday for a one year extension of higher loan limits for FHA, Fannie Mae and Freddie Mac. The limit in Pima County is $316,250 for FHA and $417,00 for Fannie and Freddie.  Expect a vote this week for an extension of the $8000 tax credit which should stimulate housing for the first quarter of 2010. Pending home sales were up 6.1% in October. It’s the eight straight month with an increase thanks in large part to the $8000 tax credit. It is a great time to be a home buyer!

HVCC (Home Valuation Code of Conduct) is a work in progress. HVCC is the new legislation that went into effect on May 1^st, 2009 for the appraisal process which forbids loan originators (that’s fancy talk for loan officers) and loan processors from having any direct communication to the appraiser. The original intent of the program sounded good on paper. Unfortunately, the implementation of this program leaves much to be desired. Of course, this is coming at the worse time for our industry as real estate sales are extremely sluggish and credit is already tight.

When appraisals are ordered for a refinance, the loan amount and estimated value are not furnished to the appraiser. A contract is submitted to the appraiser for a purchase transaction. Appraisals are obtained from appraisal management companies which can potentially add extra expense to the cost and quality of an appraisal. For example, some appraisal management companies charge borrowers a flat fee, such as $400 and then pay the appraiser only $200. These appraisers were receiving $325 for the same work prior to HVCC and they may decide to opt out of certain appraisal management companies leaving behind less experienced appraisers that are willing to work for reduced fees plus the quality is potentially worse thanks to inexperience. Ultimately, the consumer suffers. The program is only a few weeks old and we are already experiencing delays and lower values than expected. A borrower can try to get a second appraisal if they are unhappy with the results, however the appraisal management company may assign the same appraiser to the property or the value could be even worse from different appraiser! If the borrower wants to switch to another mortgage company for their loan, the appraisal in not transferable which means an additional expense for the consumer.

Check out this article by Kenneth Harney for more information on this subject: http://realtytimes.com/rtpages/20090511_washingtonreport.htm

Hopefully the program will be tweaked and improved. If you are unhappy, an email or phone call to your senator or congress person could help.

If I can assist you with your mortgage needs, please contact me, David Wolsky at 520-977-3300. My email address is david@davidwolsky.com.

Andrew Cuomo wants to follow in his father’s footsteps and become governor of New York. His impressive resume includes time spent in the Clinton administration in the Department of Housing and Urban Development as the HUD Secretary. In Cuomo’s current role as the Attorney General of New York, he has been a vigilant fighter of predatory lending as was his predecessor Eliot Spitzer. In 2007, Cuomo came devised the Home Valuation Code of Conduct (HVCC) because of alleged collusion between the mortgage lender, Washington Mutual and their appraisal management company. Cuomo sued WaMu and First American Corporation’s eAppraiseIT unit for using a select list of appraisers to inflate the property values of mortgage appraisals. Freddie Mac and Fannie Mae implemented a revised HVCC on May 1, 2009. The new code is an attempt to improve the reliability of appraisals.

Mortgage originators (that’s me!) will no longer be able to communicate with appraisers thus eliminating the potential for an inappropriate conversations about values. Sunstreet Mortgage has implemented a system of having a neutral third party order our appraisals. Our new system has satisfied our investors (the folks who buy our loans). Naturally, any major change in procedures such as HVCC may require some tweaking. In my opinion, the consumer may suffer. For example, we are already hearing stories of large banks experiencing long delays and inferior appraisals.

Here’s good post on HVCC I read by Trace Richardson’s:

HVCC: How It May Negatively Affect and Change Real Estate as We Know It

By Trace Richardson
Published April 28th, 2008

Wednesday (April 29, 2009) was the deadline for submitting feedback regarding HVCC or the Home Valuation Code of Conduct. The HVCC, in its current form, contains select language that hurts brokers, agents, appraisers, and consumers.

The underlying story is how well this story has flown under the radar. A handful of appraisers, agents, and mortgage brokers I have spoken with were either unaware or vaguely aware of the HVCC and its implications. Unlike legislation moving through the Senate and House, the HVCC has received very limited coverage. While we are acutely aware that with less then 36 hours until the feedback deadline meaning a petition may be a bit late, we are also aware that you miss every shot you don’t take, that is why we ask you to join us in signing the Petition to Reconsider HVCC.

History:

 After an investigation by New York Attorney General, Andrew Cuomo into Fannie Mae and Freddie Mac Appraisal practices, the agencies (with the Office of Federal Housing Enterprise Oversight (OFHEO)) agreed adopt new changes to how appraisals are processed in the mortgage industry in exchange for an end to the investigation. The centerpiece of the agreement is the HVCC, which contains many positive and common sense initiatives to help clean up the industry, but also contains significant negative changes to the how brokers and agents are able to work with appraisers and how appraisers are able to operate, hurting consumers, mortgage brokers, agents, and appraisers.

 What it means for Brokers:

 1. Brokers (or anybody compensated on a commission basis upon the successful completion of a loan) may not choose appraisers to be used for loans they originate and may not engage in any communication with appraisers. Choosing appraisers and all communication with appraisers is delegated to lenders. This means that brokers are not only not allowed to choose appraisers based on quality of work and professionalism, but ultimately lose control of an integral part of the loan origination process, possibly increasing loan funding times and increasing costs to the consumers in the form of longer rate locks and the need to order new appraisals if there is a change of lender.

2. Since appraisals are made in the lender’s name and not the broker’s, if the broker chooses a new lender for the deal, a completely new appraisal will need to be ordered. This increased consumer costs and the time involved in the transaction.

3. All relationships with appraisers are rendered meaningless overnight.

4. Brokers lose control over transactions and are put at disadvantage as power is shifted toward and biased towards large institutions.

 What it means to Appraisers:

 1. Must use AMC’s (appraisal management companies), meaning independent appraisers are forced to join and AMC and give 40% or more of their income to the AMC. You read that correctly, this will deprive independent appraisers of nearly 50% of their income in most cases (this could likely mean many experienced appraisers will leave the industry altogether). AMC’s are not regulated, by the way.

2. Unfairly targets appraisers, does not affect AVM’s (Automated Valuation Models) and BPO’s (Broker Price Opinions). This not only hurts appraisers as Lenders may prefer unregulated and unrestricted alternatives that are not included in the HVCC and in a manner which is in contrast with the stated purpose of HVCC.

3. Disallows appraisers from engaging in ANY communication with mortgage brokers, loan officers, agents, or others that may receive a commission upon funding of a deal. This means appraisers are not allowed to talk to their clients, a restriction no placed on any other industry to date. This means all the client relationships they have built are rendered meaningless overnight, an unprecedented act against any industry segment to date.

What it means to Consumers:

1. Must use AMC’s (appraisal management companies), meaning independent appraisers are forced to join and AMC and give 40% or more of their income to the AMC. You read that correctly, this will deprive independent appraisers of nearly 50% of their income in most cases (this could likely mean many experienced appraisers will leave the industry altogether). AMC’s are not regulated, by the way.

2. Unfairly targets appraisers, does not affect AVM’s (Automated Valuation Models) and BPO’s (Broker Price Opinions). This not only hurts appraisers as Lenders may prefer unregulated and unrestricted alternatives that are not included in the HVCC and in a manner which is in contrast with the stated purpose of HVCC.

3. Disallows appraisers from engaging in ANY communication with mortgage brokers, loan officers, agents, or others that may receive a commission upon funding of a deal. This means appraisers are not allowed to talk to their clients, a restriction no placed on any other industry to date. This means all the client relationships they have built are rendered meaningless overnight, an unprecedented act against any industry segment to date.

Fannie Mae Agreement

Freddie Mac Agreement