TO:
MBA Board of Directors; RESBOG; COMBOG; MBA Legion; Multifamily Steering
Committee; Washington Reps; MBA Residential
Committees
FROM:
Steve O'Connor, MBA SVP Government Affairs
DATE:
December 19, 2008
SUBJECT:
MBA Advocacy Update
A troubled
financial system and a dreary economic forecast continue to be the focus in
Washington. Today, the White House
took action to avoid the collapse of the auto industry by granting a $17.4
billion loan to Chrysler and GM, using funds granted in the Emergency Economic
Stabilization Act. Also this week,
the Obama team came closer to finishing an economic recovery plan that is
scheduled to be completed by next week.
The hope is that Democratic Congressional staff will be able to use the
plan to complete legislative language for an economic stimulus bill, estimated
at $800 billion over two-years. It
is reported that the plan could be approved as early as late January, during
President-elect Obama's first days in office.
This week,
President-elect Obama continued making high-level appointments, including the
appointment of New York City Housing Commissioner Shaun Donovan as Secretary of
HUD. MBA applauds the decision and
is eager to begin working with Donovan.
MBA has worked with Donovan in the past when he was active on MBA's
Multifamily Steering Committee.
In this
Issue:
Recent MBA
Action:
MBA Sends Memo on
Advocacy Priorities to Obama Transition Team
In a meeting on
Tuesday, December 16, MBA Chief Operating Officer John Courson delivered a memo to President-elect Obama's Transition Team that
laid out MBA's advocacy priorities for 2009. John Courson reiterated MBA's eagerness
to work closely with the Obama administration and the 111th
Congress. The memo follows up on
previous discussions between MBA staff and the transition staff. It outlines policies that support MBA
goals toward restoring liquidity and stimulating housing and mortgage markets,
assisting borrowers and preventing future problems.
For more
information, please contact Josh Denney at (202) 557-2816 (jdenney@mortgagebankers.org).
MBA Submits
Comments to FHLB on Affordable Housing Program
Amendments
On
Tuesday, December 16, MBA responded to an interim final rule authorizing Federal Home Loan Banks to use
Affordable Housing Program funds to subsidize lender programs to assist
borrowers in financial distress. This new authority was included in the
Housing and Economic Recovery Act. However, the interim proposal is nearly
identical to a proposed regulation issued by FHFA's predecessor in April on its
own authority. MBA submitted a comment letter responding to the April
proposal, and it forms the basis for the attached draft. We believe the
interim final rule is a positive response to the current housing market
crisis. However, MBA suggests that
the interim final rule be modified to more closely align it with the language
and purpose of the statute it is implementing namely, by expanding eligible
uses, loans and lenders.
For more
information, please contact Michael Carrier (202) 557-2870 (mcarrier@mortgagebankers.org).
MBA Submits Letter
to Treasury on Warehouse Lending
On Thursday,
December 18, MBA sent a letter to Treasury Secretary Henry Paulson expressing
concern over the growing threat to warehouse lending-a source of capital for
many mortgage lenders. Many
warehouse lenders are exiting the business or adding restrictions to their
warehouse lines of credit, causing independent (non-depository) mortgage lenders
to struggle to maintain their ability to lend. MBA
believes Treasury could be helpful in a variety of ways and will continue to
work on viable solutions.
For more
information, please contact Tamara King (202) 557-2870 (tking@mortgagebankers.org).
MBA Responds to
Senator Durbin's Questions on Bankruptcy Cram Down
On Tuesday,
December 18, MBA responded to Senator Durbin's questions for the record
that served as a follow-up to the November 19, Senate Judiciary Committee
hearing on bankruptcy, at which MBA testified. MBA also submitted explanations to MBA Chairman Kittle's statements made
during the hearing. In MBA's
responses, MBA outlines data that were used to draw the conclusion presented to
the Senate Judiciary Committee, as well as MBA's detailed analysis on the
150-200 basis point increase to borrowers that would result should cram down
legislation be enacted.
For more
information, please contact Francis Creighton at (202) 557-2736 (fcreighton@mortgagebankers.org).
MBA Submits
Responses on RESPA
On Wednesday,
December 17, MBA provided written responses to questions for the record for the September
16, House Financial Services Subcommittee on Oversight and Investigation
hearing, "HUD's Proposed Real Estate Settlement Procedures Act (RESPA)
Rule" at which MBA Chairman David Kittle testified. MBA's responses
included its views on disclosure of compensation by mortgage brokers, MBA's
proposed GFE and HUD-1 forms, estimated costs for the rule and legislative and
regulatory changes needed for RESPA. MBA's responses reiterated that it
believes that it would be far less costly for the industry, and ultimately,
consumers if RESPA reform and TILA reform were coordinated or combined.
For more
information, please contact Ken Markison at (202) 557-2930 (kmarkison@mortgagebankers.org).
MBA Releases Issue
Paper on Credit Unions
On Friday, December
19, MBA released its issue paper on credit unions that provides a brief
history on credit unions and outlines similarities and differences between them
and bank and thrift institutions.
Additionally, the issue paper serves as
a primer on current regulatory and legislative issues involving credit
unions.
For
more information, please contact Tamara King at (202) 557-2758 (tking@mortgagebankers.org) or Layla
Moughari at (202) 557-2868 (lmoughari@mortgagebankers.org).
MBA Maintains
Financial Stability Resource Center, Housing and Economic Recovery Act and
Conservatorship Resource Centers
Find comprehensive
resources on the Emergency Economic Stability Act (EESA), the Housing and
Economic Recovery Act (HERA) and the government-sponsored enterprise (GSE)
conservatorship at the following Web sites: Financial
Markets Stability Resource Center, HERA Resource Center and GSE
Resource Center.
Industry Regulatory
Developments
FASB to Issue
Fast-Track Exposure Draft to Revise EITF 99-20
On Monday, December
15, the Financial Accounting Standards Board (FASB) agreed to issue a fast-track
exposure draft to revise EITF 99-20, Recognition of Interest Income and
Impairment on Purchased and Retained Beneficial Interests in Securitized
Financial Assets. The proposed amendment would change the trigger for
recognition of other-than-temporary impairment. The amendment would remove
from EITF 99-20 the notion of "best estimate of cash flows that a market
participant would use" and require that there has been "probable" adverse change
in estimated cash flows. The comment period would be approximately 10
days, and the exposure draft may be circulated as early as December 19,
2008. The impetus for the change is the difficulty in obtaining and using
consistent information based upon the limited observable trades in today's
inactive market.
For more
information, please contact Jim Gross (202) 557-2860 (jgross@mortgagebankers.org).
On
Tuesday, December 16, the Internal Revenue Service (IRS) announced
that it would provide an expedited process for homeowners that are behind on
their taxes who request a discharge or a subordination of a tax lien. For homeowners trying to sell or
refinance their homes, the process usually takes about 30 days to complete this
process. In order to speed up this
process for distressed borrowers, the IRS has committed to expedite these
requests.
For more
information, please contact Jim Gross (202) 557-2860 (jgross@mortgagebankers.org).
Upcoming
Events:
February
8-11
MBA's CREF/Multifamily Housing Convention
& Expo, San Diego, CA
17-20
MBA's National Mortgage Servicing
Conference & Expo, Tampa, FL
For
more information on all of MBA's activities, including how to register, please
visit MBA's Web
site.
Top
Industry News Headlines This Week
Obama
Fed Pick Has Makings of Stern Regulator -American
Banker
With
President-elect Barack Obama's decision to send Daniel Tarullo to the Federal
Reserve Board, the central bank is poised to gain more knowledge about some of
the industry's most pressing challenges.
Viewpoint:
Guaranteed Way to Spur Housing Demand -
American
Banker
The
U.S. housing market is still deeply troubled. There are a million excess houses
on the market and foreclosures are running at record postwar rates. The housing
bubble has ended, but prices are still falling rapidly with the risk that
housing prices will overshoot on the downside.
Tax
Break May Have Helped Cause Housing Bubble -New
York Times
"Tonight,
I propose a new tax cut for homeownership that says to every middle-income
working family in this country, if you sell your home, you will not have to pay
a capital gains tax on it ever - not ever."
The
Community Reinvestment Act Is Not the Villain -New
York Times
Howard
Husock attacks the Community Reinvestment Act in an attempt to deflect blame for
the economic meltdown from the real culprits - predatory lenders and the
government that did not regulate them.
Obama
Team Is Seeking Stimulus Bill by New Year -
New
York Times
President-elect
Barack Obama's advisers hope to finish an economic recovery blueprint by Dec. 25
so that Democratic Congressional staff members can draft legislation by the new
year, as the two branches of government try to converge on a two-year plan by
late January that could total just under $1 trillion.
30-Year
Mortgage Rates Sink to Lowest on Record -Washington
Post
Interest
rates on 30-year fixed rate mortgages dipped to their lowest level in at least
37 years after the Federal Reserve this week reaffirmed its commitment to a
program designed to loosen consumer lending, according to a closely watched
weekly survey released yesterday.
Bair
Disputes OCC's Redefault Data on Mods -American
Banker
Federal
Deposit Insurance Corp. Chairman Sheila Bair defended loan modifications
Wednesday, arguing that data released by other regulators was insufficient to
cast doubt on their success.
HUD
Chief Calls Aid on Mortgages A Failure -
Washington
Post
Secretary
of Housing and Urban Development Steve Preston said the centerpiece of the
federal government's effort to help struggling homeowners has been a failure and
he's blaming Congress.
Obama
Works to Overhaul TARP -Wall
Street Journal
The
incoming Obama administration is considering a series of initiatives to combat
the financial crisis, including some efforts to help banks that the Bush
administration has tried with limited success.
Low-Interest
Mortgages Are the Answer -
Wall
Street Journal
Recent
news articles suggest that the Treasury Department is considering a plan to
offer a 4.5% mortgage for home buyers for a period of time. Let's hope it does.
It would help arrest the decline in house prices that is at the base of the
ongoing financial crisis and recession.
Fed's
Cut Is a Zero-Sum Game -Wall
Street Journal
Investors
are trying to have their cake and eat it, too. No sooner had the U.S. Federal
Reserve cut rates to practically zero than both stocks and long-dated Treasuries
rallied.
Foreclosure
Relief Progress at Fannie-American
Banker
Fannie
Mae said it is finalizing a new policy to let tenants stay in homes it has
foreclosed on if they can pay the rent.
Treasury
Pressured to Help Homeowners -Wall
Street Journal
House
Speaker Nancy Pelosi suggested Monday that Congress will force the Treasury
Department to do more to help struggling homeowners if the administration seeks
access to the second half of its $700 billion financial-rescue
fund.
Home
Buyers Turn to USDA for Mortgages -Wall
Street Journal
Tightened
lending standards are leaving builders and real-estate agents scrambling for new
ways to move cash-strapped buyers into homes. One increasingly popular option:
an obscure home-loan program offered by the U.S. Department of
Agriculture.
Obama
Taps N.Y. Housing Chief To Oversee a More Active HUD -Washington
Post
President-elect
Barack Obama has picked New York City housing commissioner Shaun Donovan to be
secretary of housing and urban development, a post that Obama said would play a
lead role in his administration's efforts to stem the rising tide of
foreclosures and rebuild the nation's efforts to expand
homeownership.
Job
cuts adding to growing number of housing defaults-USA
Today
Unemployment
is now the cause of almost half of all foreclosures on conventional mortgages,
raising concerns that mounting joblessness will stall any housing recovery and
could cause more foreclosures next year.