May 30, 2017
Tuesday’s Regulatory & Legislative Roundup
- Representative Blaine Luetkemeyer of Missouri, gave the Financial Institution Customer Protection Act another try by reintroducing the bill into Congress. Luetkemeyer believes the bill will balance and protect the financial industry from “organized bureaucratic intimidation.” The proposed bill specifically limits the authority of federal banking agencies termination rights. The bill goes further to clarify the definition of material reason when deciding if a customer poses a security threat.
- Some are calling Trump’s proposed 2018 budget “unacceptable and unconscionable.” The proposed budget decreases spending by 4.6 trillion over ten years. The bulk of the savings plans stem from cutting funding to many of the programs most low and middle class Americans rely on each day such as federal pensions and social security disability insurance. Members of Trumps budget team believe, “This is, I think the first time in a long time that an administration has written a budget through the eyes of the people who are actually paying the taxes.“
May 30, 2017 | Permalink | No Comments
May 29, 2017
A Soldier’s Death
To commemorate Memorial Day, a poem about the death of a soldier:
Drummer Hodge
by Thomas Hardy
Uncoffined — just as found:
His landmark is a kopje-crest
That breaks the veldt around:
And foreign constellations west
Each night above his mound.
The meaning of the broad Karoo,
The Bush, the dusty loam,
And why uprose to nightly view
Strange stars amid the gloam.
Will Hodge for ever be;
His homely Northern breast and brain
Grow up some Southern tree,
And strange-eyed constellations reign
His stars eternally.
May 29, 2017 | Permalink | No Comments
May 26, 2017
Fannie Mae Student Loan Mortgage Swap
HIghYa quoted me in Fannie Mae Student Loan Mortgage Swap: Should You Do It? It reads, in part,
This past week federal mortgage giant Fannie Mae announced it had created a new avenue for its borrowers to pay off student loans: the student loan mortgage swap.
The swap works like this, according to documentation published by Fannie Mae:
- Fannie Mae mortgage borrowers get the benefit
- They do a “cash-out” refinance
- The money from that refinance is used to pay off your loan(s) in full
The concept of this is pretty elegant in our opinion. People who are saddled with student loans – the average grad has about $36,000 in debt at graduation – don’t usually stumble upon a huge chunk of money to pay off those loans.
If you’re lucky enough to own a home that’s gone up in value enough to create a sizeable difference between what your home is worth and what you owe, then Fannie Mae allows you to borrow against that amount (equity) by taking it out as cash you can use on a student loan.
The idea is that your mortgage rate will probably be lower than your student loan rate, which means instead of paying back your student loans at 6.5%, let’s say, you can now pay it back at your mortgage refi rate of, in most cases, less than 4.5%.
Basically, you’re swapping your student loan payments for mortgage payments, which is how this little financial maneuver gets its name.
The news first came out on April 25 in the form of a press release which said the mortgage swap was designed to offer the borrower “flexibility to pay off high-interest rate student loans” and get a lower mortgage rate.
The change was among two others that will, in theory, work in favor of potential or current homeowners who have student loan debt.
“These new policies provide three flexible payment solutions to future and current homeowners and, in turn, allow lenders to serve more borrowers,” Fannie Mae Vice President of Customer Solutions Jonathan Lawless said in the release.
What You Need to Know About Fannie Mae’s Student Loan Swap
Remember how we said that the money you get from your mortgage refinance can be used for a student loan or multiple student loans?
That happens because this refinance is what’s known as a cash-out refinance.
What is a Cash-Out Refinance?
A cash-out refinance is part of the general class of refinancing.
When you refinance your home, you’re basically selling the rest of what you owe to a lender who’s willing to let you pay them back at a lower interest rate than what you currently have.
The upside is that you have lower monthly payments because your interest rates are lower, but the downside is that your payments are lower because they’re most likely spread out over 30 years, or, at least, longer than what you had left on your original mortgage.
So, you’ll be paying less but you’ll be paying longer.
A cash-out refinance adds a twist to all this. You see, when you do a traditional refinance, you’re borrowing the amount you owe. However, in a cash-out refinance, you actually borrow more than you owe and the lender gives you the difference in cash.
Let’s say you owe $100,000 on your house at 7% with 20 years left. You want to take advantage of a cash-out refi, so you end up refinancing for $120,000 at 4.6% for 30 years.
Assuming all fees are paid for, you get $20,000 in cash. The lender gives you that cash because it’s yours – it comes from the equity in your home.
How the Fannie Mae Student Loan Swap Works
Fannie Mae’s new program takes the cash-out refinance a little further and says that you can only use your cash-out amount for student loans.
However, it’s not that easy. There are certain requirements you have to meet in order to be eligible for the program. Here’s a list of what you need to know:
- The borrower has to have paid off at least one of their student loans
- You’re only allowed to pay off your student loans, not loans other people are paying
- The money must cover the entire loan(s), not just part of it/them
- Your loan-to-value ratios must meet Fannie Mae’s eligibility matrix
We checked the Fannie Mae eligibility matrix and, at the time this article was published in April 2017, the maximum loan-to-value they’d allow on your principle residence was 80% for a fixed-rate mortgage and 75% on an adjustable rate mortgage.
In other words, they want to know that what you owe on the house is, at most, 80% of what it’s worth.
* * *
Our Final Thoughts About Fannie Mae’s Student Loan Swap
The Fannie Mae student loan mortgage swap is certainly an innovative way to cut down on your student loan debt via equity in your home.
The pros of this kind of financial product are that, if cash-out refinance rates are lower than student loan rates, then you can stand to save money every month.
And because refis typically last 30 years, your monthly payments will most likely be lower than what they were when you were making payments on your mortgage and your student loan.
The main drawbacks of using a Fannie Mae cash-out refinance to pay off your loans is that you’ll put your home at a higher risk because house values could fall below the amount you borrowed on your refi.
Making a student loan mortgage swap also changes your debt from unsecured to secured. Brooklyn Law School Professor David Reiss reiterated this point in an email to us.
He said that borrowers need to “proceed carefully when they convert unsecured debt like a student loan into secured debt like a mortgage.”
The benefits are great, he said, but the dangers and risks are pretty acute.
“When debt is secured by a mortgage, it means that if a borrower defaults on the debt, the lender can foreclose on the borrower’s home,” David said. “Bottom line – proceed with caution!”
We think what Mark Kantrowitz and David Reiss have pointed out is extremely valuable. While a student loan mortgage swap may seem like a good way to pay off your debt, the fact that it swaps your unsecured debt for secured debt could mean trouble down the road.
May 26, 2017 | Permalink | No Comments
Friday’s Government Reports Roundup
- The U.S. Department of Urban Housing and Development (HUD) released its “FY 2017 HOME Match Reduction List.” HOME Program. HUD provides matches to specific municipalities when there is a fiscal distress and Presidential disaster declarations.
- The Consumer Financial Protection Bureau (CFPB) received support from a U.S. district court in California. CFPB defended the constitutionality of it’s power to “issue civil investigative demands.“
- Black Knight Financial Services is committing to helping homeowners uncover hidden municipal liens in their property report. The company created a “Municipal Lien Search” to help property owners discover county debts, code violations, and a host of other property owner issues.
May 26, 2017 | Permalink | No Comments
May 25, 2017
NYC’s Housing Supply
The New York City Rent Guidelines Board (of which I am a member) released its 2017 Housing Supply Report. It has a lot of interesting data for housing nerds as well as those of us obsessed with NYC. Here is a taste:
- There are a total of 3,217,521 units of housing.
- 2,184,295 are rental units.
- 848,721 are non-regulated rentals.
- 1,335,574 are regulated rentals in one form or another (rent stabilized, rent controlled etc.)
- 1,033,226 are owner units.
- 116,134 are condos
- 330,679 are coops
- 586,413 are conventional homes.
Some other highlights include,
- Permits for 16,269 new dwelling units were issued in NYC in 2016, a 71.2% decrease over the prior year and the first decrease since 2009.
- There was a 31.3% decrease in the number of co-op or condo units accepted in 2016, to 282 plans containing 8,671 units.
- The number of housing units newly receiving 421-a exemptions decreased 17.8% in 2016, to 4,493.
- The number of housing units newly receiving J-51 abatements and exemptions decreased 22.5% in 2016, to 34,311.
- The number of new housing units completed in 2016 increased 61.9% over the prior year, to 23,247.
- Demolitions were down in 2016, decreasing by 2.0%, to 1,849 buildings.
- City-sponsored residential construction spurred 23,408 new housing starts in FY 2016, 74% of which were rehabilitations.
- The City-owned in rem housing stock declined 70.2% during FY 2016, to 125 units. (4)
For those who do not know the byzantine world of NYC housing policy, 421-a exemptions relate to new construction and J-51 abatements relate to renovation of existing construction. It is interesting to see how policy changes impact housing construction.
Any one year’s figures provide just a snapshot, so if you really want to get a sense of the big picture, you should check out the earlier reports too. For instance, last year’s report stated that there were permits for 56,528 new dwelling units in 2015, an increase of 176% from 2014. This is way more than the long term trend. Permits for new dwelling units never got much higher than the low thirty thousand range but fell to a low as six thousand during the depths of the Great Recession.
When you realize that the 421-a tax abatement was set to expire at the end of 2015, this big jump in permits makes sense as developers filed a ton of permits to take advantage of the program while they could. It will be interesting to see how the new 421-a regime will impact permits for new construction going forward.
May 25, 2017 | Permalink | No Comments
Thursday’s Advocacy & Think Tank Roundup
- Despite the spike in the national mortgage interest rate and the low inventory of U.S. homes, 2017’s first quarter sold at its fastest pace in over ten years. As a result, home prices are increasing. There are fewer perspective homes; however, the pool of buyers is immense. Though there is an increase in the purchase of homes, millennials don’t seem rushed to purchase a home.
- Guild Mortgage company is creating a new down payment trend. The mortgage company is offering a 1% down payment plan aimed at increasing the number of millennials willing to purchase homes. Qualifying applicants will be required to pay a 1% down payment and opt for a 2% grant or 2% paid by the lender. Guild’s program is unique from other 1% mortgage programs because it complies with the Home Ready Guidelines.
May 25, 2017 | Permalink | No Comments
May 24, 2017
American Bankers on Mortgage Market Reform
The American Bankers Association has issued a white paper, Mortgage Lending Rules: Sensible Reforms for Banks and Consumers. The white paper contains a lot of common sense suggestions but its lack of sensitivity to consumer concerns greatly undercuts its value. It opens,
The Core Principles for Regulating the United States Financial System, enumerated in Executive Order 13772, include the following that are particularly relevant to an evaluation of current U.S. rules and regulatory practices affecting residential mortgage finance:
(a) empower Americans to make independent financial decisions and informed choices in the marketplace, save for retirement, and build individual wealth;
(c) foster economic growth and vibrant financial markets through more rigorous regulatory impact analysis that addresses systemic risk and market failures, such as moral hazard and information asymmetry; and
(f) make regulation efficient, effective, and appropriately tailored.
The American Bankers Association offers these views to the Secretary of the Treasury in relation to the Directive that he has received under Section 2 of the Executive Order.
Recent regulatory activity in mortgage lending has severely affected real estate finance. The existing regulatory regime is voluminous, extremely technical, and needlessly prescriptive. The current regulatory regimen is restricting choice, eliminating financial options, and forcing a standardization of products such that community banks are no longer able to meet their communities’ needs.
ABA recommends a broad review of mortgage rules to refine and simplify their application. This white paper advances a series of specific areas that require immediate modifications to incentivize an expansion of safe lending activities: (i) streamline and clarify disclosure timing and methodologies, (ii) add flexibility to underwriting mandates, and (iii) fix the servicing rules.
ABA advises that focused attention be devoted to clarifying the liability provisions in mortgage regulations to eliminate uncertainties that endanger participation and innovation in the real estate finance sector. (1, footnote omitted)
Its useful suggestions include streamlining regulations to reduce unnecessary regulatory burdens; clarifying legal liabilities that lenders face so that they can act more freely without triggering outsized criminal and civil liability in the ordinary course of business; and creating more safe harbors for products that are not prone to abuse.
But the white paper is written as if the subprime boom and bust of the early 2000s never happened. It pays not much more than lip service to consumer protection regulation, but it seeks to roll it back significantly:
ABA is fully supportive of well-regulated markets where well-crafted rules are effective in protecting consumers against abuse. Banks support clear disclosures and processes to assure that consumers receive clear and comprehensive information that enables them to understand the transaction and make the best decision for their families. ABA does not, therefore, advocate for a wholesale deconstruction of existing consumer protection regulations . . . (4)
If we learned anything from the subprime crisis it is that disclosure is not enough. That is why the rules. Could these rules be tweaked? Sure. Should they be dramatically weakened? No. Until the ABA grapples with the real harm done to consumers during the subprime era, their position on mortgage market reform should be taken as a special interest position paper, not a white paper in the public interest.
May 24, 2017 | Permalink | No Comments