September Hathaway Duke Archives

Wednesday AM Linklube

Local· Minnesota Banks Weather the Subprime Storm [MPR]· St. Paul Condos: Stuggling Penfield Project May Add Hotel [PiPress]· Update: DowntownJournal Condo Pipeline [DTJournal]· Minneapolis: New Lights May Cost Homeowners $13/mo [Strib]Elsewhere & Otherwise· Will Consumer Debt Drag Down Economy? [naked capitalism]· Pundits vs. Academics: Who’s Right on Economy [A Dash]· Foreclosures Double in August [Bloomberg]· Sellers Latest Tactics to Entice Buyers [WSJ]· Smackdown: Credit Cards vs. Debit Cards [MSNBC]

AG Settles with 5 Lenders Involved in Foreclosure Rescue & Brings in 4 New Parties

Attorney General Martha Coakley has filed a proposed settlement with the U.S. Bankruptcy Court in Boston, Massachusetts, with five mortgage lenders that funded loans which facilitated fraudulent foreclosure rescue transactions orchestrated by Brockton,…

Homeowners to Receive Clear Title After Major Scam

A lengthy enforcement action against central Texas manufactured home retailers who sold homes without clear titles is now concluded.  Owners of repossessed manufactured homes across central Texas will finally receive clear titles to homes they pur…

FHA (don’t call it a) Comeback: Changes to Limits, Down Payment Forthcoming

With credit standards tightening and the sub-prime and Alt-A market all but dead, the good old FHA Mortgage is poised to enjoy a new day in the sun, coming back into favor for home buyers and for those refinancing their way out of sub-prime trouble. This resurgence is now likely to get an additional boost. According to our sources, the senate banking committee has reached an agreement on FHA “Modernization.” Once the loan program of choice for first-time buyers with limited credit histories and down payments, FHA home loans have lost market share to zero-down payment programs offered by the Government Sponsored Agencies (GSE’s: Fannie Mae and Freddie Mac,) as well as the the sub-prime and Alt-A markets. How much market share has FHA lost? As recently as 2002, FHA purchase money originations accounted for 13% of the market. In 2006 that share had dwindled to just 3% of purchases nationally (source: Credit Suisse). The long-anticipated FHA Modernization effort has focused on key areas that have hurt FHA’s market penetration. Mainly, low loan amount limits, which have not kept pace with median sales prices in many, especially coastal, markets, and the 3% down payment requirement. We have it on good authority that the senate banking committee has agreed in principle on the following changes: Limits to increase - the “floor,” or lower limit will be increased from $200,160 (48% percent of the conforming loan limit of $417k) to $271,050 (65% of conforming limit.) The “ceiling” will be increased to the conforming limit of $417,000.00. [Quick aside: FHA loan amount limits are adjusted for each market, so some high cost areas will have higher limits, others lower. All this “floor and ceiling” stuff just sets the boundaries.] Down Payment Reduced: From the current 3% borrower contribution to 1.5% These revisions have some to go (House votes, markups, and other associated ring kissing and political maneuvering) before the becoming law, though most expect that a bill broadly matching the above will be signed within the next 30 days. This is all but a done deal folks. Though FHA will still have some competitive disadvantages, (like overly paternalistic property condition requirements that turn-off many sellers.) These changes, combined with the FHA secure program for sub-prime refugees, may very well make FHA a first option (rather than a last resort) for many first time buyers (though some of us have been lending in this space all along.) These changes are a net positive for everyone. Also, we must add: Part of the reason we are dealing with such a mess is that many many many sub-prime borrowers (who were good and well eligible for FHA loans in the first place) had the misfortune of being steered into a non FHA mortgage. Many lenders do not, or cannot originate FHA loans, usually this was because they were either a) Not interested in making FHA loans because they aren’t as profitable as sub-prime, or b) Could not meet minimim standards required as an FHA approved lender.

Perpetrator of Massive “Pinnacle” Ponzi Scheme Sentenced

Defendant Gene A. O’Neal, 36, Atlanta, Georgia, was sentenced to 12 years in prison by United States District Judge Beverly B. Martin, for perpetrating a scheme to defraud investors in ”Pinnacle Development Partners, LLC,” a $60 milli…

Mississippi Broker Indicted for Wire Fraud & Conspiracy

Bryan “Bo” Barry, 38, Brandon, Mississippi, was indicted on a two count indictment in August 2007 by a federal grand jury. The first count charged him with violating Title 18, United States Code, Section 1343 (wire fraud) and the second cou…

Monday Market Commentary: How Might a Fed Cut Impact Mortgage Rates?

Graphic Via MSNBCLast Week:A smattering of negative economic news pushed the outlook for Fed rate cut from “likely” to “foregone conclusion.” This helped stocks, and hurt mortgage rates, which ticked up roughly .125% across the board.This Week:All eyes on the Fed tomorrow, and a fair bit of uncertainty surrounds how much they will cut, and how the markets will react. How much they cut will not have nearly the impact that the accompanying policy statement will. Any language that downplays inflation, highlights risks to the economy, and leaves the door open for further Fed easing will help mortgage rates. Anything short of that is likely to be a mortgage market nuetral to negative event.This Week’s Economic Calendar [Barrons]

4 More Indictments Handed Down in Ohio Mortgage Fraud Crackdown

Indictments were handed down in Cuyahoga County, Ohio in connection with four cases of mortgage fraud involving 26 individuals and entities and four houses in Solon, Ohio totaling over $2.6 million in fraudulent loans. These cases total 134 defendants …

4 More Cases Indicted in Ohio’s Mortgage Fraud Crackdown

Cuyahoga County Prosecutor Bill Mason continues his efforts to combat mortgage fraud and predatory lending. Four more cases of mortgage fraud were indicted, involving 26 individuals and entities and four houses in Solon, Ohio totaling over $2.6 million…

Foreclosure Rescuers Halted in Texas

Foreclosure Assistance Solutions, LLC of Florida, and its principal operators, Herb Zerden and Adolfo Quintero, as well as J.W.W. Services, Inc. of California and owner John Woodruff were charged, by the Texas Attorney General, with operating an unlawf…