Origination

MGIC Investment Corp., Milwaukee, has reported a net loss of $97.9 million ($0.79 per share) for the second quarter, compared with net income of $76.7 million ($0.93 per share) a year earlier. Curt S. Culver, MGIC's chairman and chief executive, said the loss stemmed from increases in delinquencies and foreclosures. He also noted that the company during the second quarter had announced additional underwriting changes, increased premiums on all insurance products, amended its revolving credit facility, and entered into a reinsurance agreement for new writings. Delinquencies, including loans insured through the bulk channel, totaled 8.60% as of June 30, compared with 6.11% a year earlier, MGIC reported. Losses incurred in the quarter totaled $688.1 million, up from $235.2 million for the same period in 2007. New insurance written totaled $14.0 billion in the second quarter, compared with $19.0 billion a year earlier. Persistency continued to improve, standing at 79.7% as of June 30, compared with 72.0% on the same date last year. The company can be found online at http://www.mgic.com.

The Florida State Legislature has no mortgage brokers as members, but five members of the Florida Association of Mortgage Brokers hope to change that with their candidacies. Four of the five candidates spoke at the group's annual convention in Kissimmee, Fla. Nancy Detert, who had been term-limited out of the state House of Representatives and ran second in a Republican primary for an open seat in Congress, is seeking election to the state Senate. She proposed using state affordable housing trust fund money as a soft second mortgage to help "work force people" qualify for a mortgage. The other four broker candidates are seeking seats in the state House, including D. Ritch Workman, the current FAMB president. Mr. Workman said he is running as a small businessman who is fed up with intrusions into business by federal and state legislators and regulators. The other candidates are Debbie Mayfield, Rafael Perez, and Terry Lynn Sanchez.

The mortgage broker industry has long sought licensing of all originators, no matter who they work for, and "that dream is almost a reality," said Joe Falk, past president of the National Association of Mortgage Brokers. Mr. Falk, who is also past president of the Florida Association of Mortgage Brokers, was speaking at that group's annual convention in Kissimmee, Fla. He was referring to the housing bill being considered in conference committee by Congress. In his presentation, Mr. Falk also spoke of the Federal Reserve Board and its recently released "ground-breaking rulemaking" for the subprime industry, which for the first time contains a regulatory definition of a subprime loan. The Fed is now a source "of great activism," he said, and in coming months will be issuing new rules on Regulation Z. The NAMB can be found on the Web at http://www.namb.org.

Citigroup Inc., New York, took $6.67 billion in largely mortgage-related writedowns in the second quarter and has reported a net loss of $2.5 billion that it said marked a relative improvement given that it was half the size of the first-quarter loss. The company said $3.4 billion of its writedowns stemmed from subprime-related direct exposures, $2.4 billion was related to exposure to monoline insurers, $545 million was linked to commercial real estate positions, and $325 million was tied to alternative-A credit mortgages, net of hedges. "The cost of credit increased by 20% from the first quarter, but writedowns in our securities and banking business dropped by 42%," said Vikram Pandit, Citi's chief executive officer. "Additionally, headcount and expenses declined sequentially. While there is still much to do, we are encouraged by our progress in delivering on our commitment to the re-engineering efforts." Citigroup can be found on the Web at http://www.citigroup.com.

Merrill Lynch has reported a $4.7 billion net loss in the second quarter and saw more than $9 billion in writedowns and losses that were partly mortgage-related, but says it is making progress in reducing its problem assets and bolstering its liquidity. Writedowns and losses during the quarter included $3.5 billion related to U.S. super-senior asset-backed security collateralized debt obligations, as well as credit valuation adjustments of negative $2.9 billion related to hedges with financial guarantors, about half of which were linked to U.S. super-senior ABS CDOs. Other losses and writedowns included $1.3 billion from "certain residential mortgage exposures" and $1.7 billion from the investment portfolio of Merrill's U.S. banks. "Our core franchise continues to perform well despite the extremely challenging market environment," said John A. Thain, chairman and chief executive officer. "Against this backdrop, we increased our excess liquidity pool to a record level of $92 billion and significantly reduced our exposures in key asset classes." Merrill can be found online at http://www.ml.com.

The Department of Housing and Urban Development should withdraw its RESPA proposal and work with the Federal Reserve Board in developing "more simplified mortgage and real estate settlement cost disclosure forms," according to a "dear colleague" letter being circulated in the House. Reps. Ruben Hinojosa, D-Texas, and Judy Biggert, R-Ill., are leading the effort to get Housing Secretary Steve Preston to abandon HUD's proposed Real Estate Settlement Procedures Act rule. The two House Financial Services Committee members are urging fellow members of Congress to sign a letter that petitions HUD to immediately commence a joint rulemaking process with the Fed, which is working on improving Truth in Lending Act disclosures for mortgage borrowers. "It is critically important for consumers that any revision to RESPA achieve the following goals: simplify, clarify and reduce the cost of mortgage and real estate settlement processes," the letter to the HUD secretary says. However, HUD's RESPA proposal does not meet those goals, according to Reps. Hinojosa and Biggert. "We are profoundly concerned that HUD's proposed RESPA rule will hinder rather than help the recovery of the housing market." Over a dozen banking, mortgage, and settlement provider trade groups will be lobbying lawmakers to sign the letter.

Tamalpais Bank, San Rafael, Calif., has announced a partnership with First California Mortgage Co., Petaluma, Calif., under which the bank will offer residential mortgage loans of up to $10 million. The loans will be available for purchases and refinancings of properties located in California. Mark Garwood, chairman, president, and chief executive officer of Tamalpais, said the bank is "heeding the call" of Federal Reserve Board Chairman Ben S. Bernanke, who has suggested that community banks play a larger role in home mortgage lending. "Every day we learn about cutbacks in home lending by large banks and mortgage banking companies," Mr. Garwood said. "We believe we have an obligation to step in to provide home loans in the communities we serve." Tamalpais can be found on the Web at http://www.tambancorp.com.

The mortgage insurance industry's troubles are not over, and they may get worse before they improve, according to Fitch Ratings. In a special report on mortgage insurer delinquencies, the rating agency says the rapid growth for key mortgage insurers last year will cause the 2007 vintage to account for growing losses in 2008 and 2009 that will stress their balance sheets. "The mortgage insurance industry underestimated both the scope and severity of the decline in residential mortgage markets that became increasingly acute in 2007," Fitch said. "Initial industry optimism over increased demand and better premiums in early 2007 reversed over the second half of the year, and by the early fourth quarter the industry was significantly tightening underwriting guidelines to limit damage from ongoing poor mortgage origination standards and the prospect of substantial and widespread housing price declines."

Even though mortgage fraud for housing "doesn't seem quite as violent" as mortgage fraud for profit, it has its own consequences, according to a representative of the Florida Office of Financial Regulation's Bureau of Financial Investigations. Rui Goncalves told attendees at the Florida Association of Mortgage Brokers annual convention in Kissimmee, Fla., that fraud for housing is "more of a temptation" because it is easy for people to think they are trying to help someone get into a home. But those who participate might not realize the consequences, even if the loan never goes into default. For example, having unqualified buyers in the market competing for properties drives up prices, and eventually there will be a crash, Mr. Goncalves said. He called on originators to strive for transparency in their dealings and to ask questions of their customers.

Suitability is a key point in determining what might be mortgage fraud, the chief of the Florida state attorney general's mortgage fraud task force told attendees Wednesday at the Florida Association of Mortgage Brokers annual convention in Kissimmee, Fla. R. Scott Palmer, who is also the special counsel for antitrust enforcement, said that under his office's definition of suitability, it is a violation of the state's unfair and deceptive practices act to put someone into a loan if the originator knows the borrower cannot repay it. Questioned by an audience member, Mr. Palmer added that suitability is "a developing concept" that is in its infancy and that case law will likely be developed around it. The real issue, he said, is whether the broker is aware that the information is false. Don Saxon, commissioner of the Office of Financial Regulation, said the concept could be similar to what exists in the securities industry, where (while there is no hard and fast rule) practitioners have to consider the consumer's portfolio as a whole to determine suitability.