Washington News

Treasury Department officials are warning state and local housing finance agencies that the Obama administration's recently unveiled temporary bond purchase program is oversubscribed and that agencies will likely receive less assistance than they requested as a result. The officials issued the warning late last week and asked the HFAs to identify their peak years of issuance from 2004 to 2008 for both single-family and multifamily issues to help determine how much they should receive under the relief program. The agencies had to provide that information to the Treasury by noon on Monday, including CUSIP numbers or other ways to verify the information. The scale-back comes after Michael Barr, Treasury assistant secretary for financial institutions, last month declined to put a dollar amount on the program and instead told reporters it would be sized to meet demand. "We felt it is important to build estimates for the program from the ground up," he said during an Oct. 19 press conference when the temporary New Issue Bond Program was announced. Mr. Barr said at the time that there would be some form of ceiling on the size of the programs, but did not give any specifics. Program participants said yesterday that they do not know the total amount of allocations requested by the HFAs under the program and federal regulators could not be reached for comment.

The Department of Housing and Urban Development late Tuesday unexpectedly delayed the release of a much-anticipated audit of the FHA's capital reserves, raising questions about the accuracy of some of the findings. The delay fueled industry speculation that the government insurance fund is perilously close to reaching the zero mark. In a statement, FHA commissioner David Stevens said the government asked its outside auditor, IFE Group of Rockville, Md., "to run additional economic scenario testing above and beyond what was going to be included in the actuarial study to better understand a broader range of risk scenarios." Based on what it saw of the results, FHA raised questions about the accuracy of IFE's modeling. The auditor then told FHA that it should not treat the report as final. IFE is now running additional tests to ensure that the final report is accurate, FHA said. FHA insures just over $700 billion in mortgages. At midyear its reserves stood at just under $8 billion. But with claims rising that number may have fallen below $5 billion, according to industry sources. Ed Pinto, an industry consultant and FHA critic, said Tuesday that he believes the audit results will be based on "overly optimistic" assumptions relative to the fund's delinquencies, cure rate on defaulted loans and success rate on loan modifications. Mr. Pinto told National Mortgage News that if the FHA's reserves do in fact go negative, "however small that number is, it will be ominous." HUD officials could not be reached for comment.

Hudson Valley FCU of New York has filed a lawsuit, challenging the state's mortgage tax, arguing that federally chartered credit unions should be exempt from the levy. The credit union claims that federally chartered credit unions, which are defined as instrumentalities of the federal government under the Federal CU Act, should be exempt from all federal and state taxes, according to Paul Quartararo, Hudson Valley's attorney in the case. However, John McDermott, a real estate attorney who has closed loans in New York for 20 years, said he is unsure of the CU's case. "New York does not collect the lender's portion of mortgage tax from credit unions. It does collect the borrower's portion of New York's mortgage tax from credit union mortgagors (loan borrowers) because those borrowers are individuals not credit unions." (Mr. McDermott, who has worked for Citibank, is also a columnist for Origination News, a SourceMedia publication.) The tax varies from county to county, but is $1.30 per $1,000 of a new mortgage when the deed is recorded, and is as high as $2 per $1,000 in New York City, Manhattan County. An exemption from the four-decade-old tax could save credit unions millions of dollars a year. Hudson Valley FCU is a $2.8 billion Poughkeepsie, N.Y., credit union that was one of more than two dozen credit unions chartered in the 1960's to serve employees of IBM Corp. The credit union claims that the tax is unconstitutional as applied to federal credit unions because federally chartered credit unions are instrumentalities of the federal government and the U.S. Constitution bars taxation of those entities without the express consent of the Congress.

Federal regulators have issued guidance that encourages banks to refinance or restructure commercial real estate loans despite declines in property values and rents. "The financial regulators recognize that prudent loan workouts are often in the best interest of both financial institutions and borrowers, particularly during difficult economic conditions," according to a policy statement issued by the Federal Financial Institutions Examination Council. The policy statement provides examples of prudent CRE workouts. It also stresses the importance of the borrower's willingness and capacity to repay the mortgage. The guidance tells examiners not to adversely classify prudent workouts, even in cases where the borrower is associated with an industry that is facing financial difficulties. CRE loans that are "renewed or restructured in accordance with prudent underwriting standards should not be adversely classified or criticized unless well-defined weaknesses exist that jeopardize repayment," the guidance says.

As the bank earnings season starts to wind down, credit rating firm DBRS said the results for the most part show a weak quarter. "Despite the improvement in financial markets and some promising signs in housing markets, DBRS still expects that mounting job losses, the weak economy and the sustained pressure of asset quality deterioration will keep bank earnings weak at least into the middle of 2010. This economic pressure is falling more heavily in some regions of the country, especially where housing markets and real estate activity collapsed and remain depressed," a report from the company said. Nonperforming loans are increasing, but at a slower pace. Like many others, the Chicago firm is projecting commercial real estate as the next hot spot. CRE portfolios have held up well except for construction loans. But higher vacancies, lower rents and depressed valuations will have an impact, as the weakness in the economy feeds through to demand for commercial space. "CRE is likely to be the weak link in a bank earnings recovery," DBRS said. The report also noted that mortgage banking income in general was lower when compared with the second quarter of this year.

Some daylight emerged Thursday between Treasury Secretary Tim Geithner and House Financial Services Committee chairman Barney Frank over whether systemically important financial institutions will be publicly identified. The two men worked closely on legislation to tighten supervision of these large, complex companies and to set up a system for unwinding them if they got into financial trouble. Rep. Frank (D-Mass.) introduced the bill on Tuesday and favors keeping the names of these institutions private. "There will be no identification of a systemically important institution until the hammer falls on it," Rep. Frank said at a hearing Thursday. He said the committee would vote on the bill next week, perhaps as early as Nov. 4. But at the hearing, Mr. Geithner, regulators and other lawmakers said it would be impossible to keep the public from knowing which institutions the government considers too big to fail. "It won't be a secret that they're held to tougher standards," Geithner said.

Senate Democratic leaders have scheduled a vote on Monday evening to break a filibuster on a bill to extend unemployment benefits and the homebuyers tax credit. If they get the 60 votes to end debate, the Senate should be able to pass the extension bill (H.R. 3548) next week — possibly on Monday. Republican senators have halted any action on H.R. 3548 for the past few weeks because the Democrats won't let them offer several unrelated amendments. One amendment calls for a sunset of the $700 billion Troubled Asset Relief Program and another involves the scandal involving the ACORN community group. After Monday's votes, Republican senators can still hold up passage for three more days. The extension bill will have to go back to the House of Representatives for a final vote. Supporters are hoping the House will not make any changes. Meanwhile, Democrats have added more tax items to the tax bill, including changes in the net operating loss carryback rules to make it more generous for businesses. But the bill still extends the $8,000 first-time homebuyer tax credit from December 1 through April 30 and gives buyers with a binding contract an extra 60 days to close. It also creates a new $6,500 tax credit for move-up buyers. The current homebuyers tax credit expires November 30.

The House and Senate moved quickly to pass an extension of the $729,750 GSE loan limit through the end of 2010, hoping to avoid any potential disruption in the mortgage market. Both chambers cleared the loan limit extension late Thursday as part of a continuing funding resolution. President Obama is expected to sign the continuing resolution (CR) shortly. The maximum $729,750 loan limit for Fannie Mae, Freddie Mac and Federal Housing Administration loans in high cost areas will expire at yearend, dropping to $625,500. The CR extends the higher loan limits through December 31, 2010. The CR also extends the nationwide $625,500 loan limit for FHA-insured reverse mortgages through December 2010. "Given the lack of a private secondary mortgage market, FHA, Fannie Mae and Freddie Mac are pretty much the only game in town," said Robert Story, chairman of the Mortgage Bankers Association. "Extending the current loan limits, along with other initiatives will help restore stability to the housing and mortgage markets." VA loans were not included in the extension. The Department of Veterans Affairs already has the authority to guarantee single-family loans with a maximum loan balance of $729,750 through December 31, 2011.

The Small Business Administration is creating a secondary market guarantee program for loans originated in its 504 Certified Development Co. program. A 504 CDC loan can be used to purchase real estate or other fixed assets related to a small business' expansion. It involves a 50% loan-to-value first mortgage provided by a private commercial lender without a government guarantee; a 40% second mortgage loan made by a CDC having the government guarantee; and a 10% borrower equity investment. The new program would encourage sales into the secondary market of the first mortgage portion and is funded through the American Recovery and Reinvestment Act. SBA said the recession has caused a significant decline in secondary market activity for the 504 first mortgage loans. Under the program, portions of eligible 504 first mortgages pooled by originators or broker dealers could be sold with an SBA guarantee to third-party investors in the secondary market. Lenders will retain at least 15% of each individual loan, pool originators will assume 5% of the risk, and the SBA will guarantee the remaining 80%. To be eligible to be included in a pool, the first mortgage must be associated with a 504 loan disbursed on or after Feb. 17, 2009. The program will be in place until Feb. 16, 2011, or until $3 billion in new pools are created, whichever occurs first.

The number of vacant homes for rent jumped to 4.59 million in the third quarter, up 16% from a year ago and up nearly 190,000 units from the second quarter, according to the Census Bureau. The rising number of rentals reflects a slow sales market that forces speculators to rent properties and families moving up to rent their previous homes. It also reflects a glut of condominiums. "Condos keep coming on the market," said Bernard Markstein, director of economic forecasting at the National Association of Home Builders. The Census Bureau reported that the number of vacant homes for sale rose to 1.99 million in the third quarter from 1.92 million in the second quarter. The number of vacant homes on the market had dropped by 14% during the first half of the year. The slight increase occurred during a period of rising sales with homebuilders continuing to reduce their inventories of unsold houses. Mr. Markstein said the increase reflects more foreclosed homes coming on the market, as well as condo units. The Census Bureau also reported that the U.S. homeownership rate edged up to 67.6% in the third quarter, from 67.4% in the previous quarter. The homeownership rate was 67.9% in the third quarter of 2008 and it peaked at 69.2% in the second quarter of 2004. A percentage point decline in the homeownership rate represents 1.1 million owner-occupants that lost their homes.