June 19, 2013

Consumer watchdog tightens mortgage lending rules on banks

 Consumer watchdog tightens mortgage lending rules on banks

(Reuters) – after the collapsed, the U.S. government’s newly created consumer watchdog said Thursday it will force banks to verify a borrower’s ability to repay loans to ward off the kind of loose lending that helped push the U.S. economy into recession.

The Consumer Financial Protection Bureau said its new guidelines would also protect borrowers from irresponsible by providing some legal shields for lenders who issue safer, lower-priced loan products.

Lenders and consumer groups have anxiously awaited the new rules, which are among the most controversial the is required to issue by the 2010 -Frank financial reform law.

“When consumers sit down at the closing table, they shouldn’t be set up to fail with mortgages they can’t afford,” Richard Cordray, the bureau’s director, said in a statement.

The new rules are intended to combat lending abuses that contributed to the U.S. , when shoddy mortgage standards led to take on billions of dollars in debt they could not afford.

The U.S. economy is still feeling the after-effects of the bubble, which sparked a global after it burst in 2006. As the housing market imploded, banks sharply tightened the screws on lending.

said the new rules would head off future by preventing irresponsible lending, without forcing banks to restrict credit further. Lenders will have to verify a potential borrower’s income, the amount of debt they have and their job status before issuing a mortgage.

And because lenders are likely to want the heightened legal protection that comes with offering certain “” loans, the rules could go a long way in determining who gets a loan and who can access low-cost borrowing rates.

SAFE HARBOR FOR LENDERS

Dodd-Frank directed regulators to designate a category of “qualified mortgages” that would automatically be considered compliant with the ability-to-repay requirement. The rule was first set in motion by the Federal Reserve and then handed off to the consumer bureau in July 2011.

The consumer protection bureau said on Thursday that it would define “qualified mortgages” as those that have no risky loan features – such as interest-only payments or balloon payments – and with fees that add up to no more than 3 percent of the loan amount.

In addition, these loans must go to borrowers whose debt does not exceed 43 percent of their income.

These loans would carry extra legal protection for lenders under a two-tiered system that appears to create a compromise between the housing industry and consumer advocates.

Bank groups had lobbied the bureau to extend a full “safe harbor” to all qualified loans, preventing consumers from claiming in lawsuits that they did not have the ability to repay them. But consumer advocates wanted a lower form of protection that would allow borrowers greater latitude to sue.

Under the rules announced on Thursday, the highest level of protection would go to lower-priced qualified mortgages. Such prime loans generally will go to less-risky consumers with sound credit histories, the bureau said.

Higher priced loans would receive less protection. Lenders would be presumed to have verified the ability to repay the loan, but borrowers could sue if they could show that they did not have sufficient income to pay the mortgage and cover other living expenses.

CREDIT AVAILABILITY

Some lawmakers and mortgage lenders had warned against a draconian rule that could exacerbate the current credit crunch and set back a housing market that has become a bright spot in an otherwise tepid economic recovery.

Consumer bureau officials said they were sensitive to concerns about credit tightening, and they baked into the rules several provisions meant to keep credit flowing and to smooth the transition to the new regime.

The new rules establish an additional category of loans that would be temporarily treated as qualified. These mortgages could exceed the 43 percent debt-to-income ratio as long as they met the underwriting standards required by Fannie Mae, Freddie Mac or other U.S. government housing agencies.

The provision would phase out in seven years, or sooner if housing agencies issue their own qualified mortgage rules or if the government ends its support of Fannie Mae and Freddie Mac, the two housing finance giants it rescued in 2008.

Regulators also proposed creating a qualified mortgage category that would apply to community banks and credit unions.

Banks will have until January 2014 to comply with the new rules, the consumer bureau said.

(Reporting by Margaret Chadbourn and Emily Stephenson; Editing by Tim Ahmann and Lisa Shumaker)

Insight: Wells Fargo’s mushrooming mortgage risk

c84aaa3d65773319f1a8856d890a7fd2 Insight: Wells Fargos mushrooming mortgage risk

() – The new center of U.S. is a nondescript office building in the American heartland, far from the California subprime lenders and the New York that drove the into a bust.

One out of every three home loans in the United States is now funded by & Co, whose mortgage operation sits in a business park next door to a country club on the outskirts of Iowa’s capital city.

Wells Fargo scaled back its subprime lending in 2004, well before the housing crash. That move, and the bank’s lack of exposure to investment banking and Europe, is why Wells Fargo was the one major U.S. bank to escape a ratings cut by Moody’s Investors Service this week.

But former regulators and banking experts are beginning to worry that the fourth-largest U.S. bank may be becoming over-exposed to the housing market.

It is adding mortgages to its books when the economy is sluggish and interest rates are near , and this could be the best scenario.

If the economy strengthens and rates suddenly rise, mortgages will suffer more than most other loans and the bank’s income could be clobbered. Another recession would also hurt the bank, because defaults would rise.

Wells Fargo says it can manage the risk and sees no reason to stop expanding.

It is hiring thousands of loan processors, underwriters, and call center employees, and investing billions of dollars in new loans and tens of millions in the infrastructure to manage them.

“There’s no ceiling,” said Mike Heid, president of Wells Fargo Home Mortgage. “There’s no cap on our size.”

Investors have long praised Wells Fargo for sticking to traditional commercial and while de-emphasizing riskier undertakings like trading.

But old-fashioned banking can be risky too. By expanding so much in the , Wells Fargo is building a potentially dangerous concentration in one type of loan, said Mark Williams, a former U.S. examiner who teaches at the Boston University School of Management.

“What we know is that diversification is extremely important in banking,” said Williams, who wrote a 2010 book on the downfall of Lehman Brothers Holdings called “Uncontrolled Risk.”

Wells Fargo’s Heid said the bank had decades of experience managing risk, and notes that it is expanding at a time when underwriting standards are strict and property values low. Its combined delinquency and foreclosure rate was 6.89 percent at the end of the first quarter, nearly half the rate at rival Bank of America Corp, according to the publication Inside Mortgage Finance.

“It’s a really good book of business coming in right now,” Heid said.

Aside from the risk to Wells Fargo, the mortgage growth also raises concerns that one company has become dominant in an industry that is so critical to the U.S. economy.

Edward DeMarco, acting director of the Federal Housing Finance Agency, said in a speech last month that he would like to see the mortgage market become more competitive.

At the same time, Wells Fargo is a key source of funding for many smaller banks, which issue mortgages and then sell them on to the company and other lenders in a practice known as correspondent lending.

Smaller banks say they have fewer buyers for their mortgages than before the 2008 crisis and that the market would lose a huge source of liquidity if Wells Fargo were to pull back.

“If you are a community bank and depend on Wells Fargo as a correspondent bank, you are unfortunately at their control,” said Ron Haynie, executive vice president for mortgage services at the Independent Community Bankers of America.

Correspondent lending may be risky for Wells Fargo, too. It has said that loans written in-house are of better quality than those it buys from other banks, which may be why many of its rivals have backed away from correspondent lending.

Still, Wells Fargo, which got 42 percent of its mortgages last year from correspondent banks, says it chooses partners carefully and has net worth and performance requirements for them.

INDUSTRY PITFALLS

Like the rest of his executive team, Heid, a 24-year company veteran, works from a cubicle in this suburban office. He became co-president of the home mortgage division in 2004, at the same time Wells decided not to offer some of the riskier mortgages competitors were making — including subprime loans in which provided little documentation of their income.

“There was a huge chunk of the market that we just consciously chose to not do,” said Heid, who became sole head of the unit in a reorganization last year.

The bank’s restraint paid off. In 2008, Wells became the top mortgage lender in the United States, a position it had ceded in 2004 to Countrywide Financial, which Bank of America now owns. By 2009, the bank had nearly a quarter of the market, double its market share in 2007, according to Inside Mortgage Finance.

And last year, Wells became the top collector of mortgage payments from borrowers, a business known as servicing.

Wells Fargo also bulked up during the financial crisis by buying North Carolina-based Wachovia Corp in 2008. The deal brought the company a portfolio of risky adjustable-rate mortgages, which it is gradually liquidating, but also gave it a more visible presence on the U.S. East Coast.

The bank is now one of the few investing in the mortgage business, while competitors are pulling back. Wells Fargo plans to add 1,000 loan officers nationally and is looking to hire hundreds of processors and underwriters, some of whom are working on a government program to refinance underwater mortgages. It is also developing new systems for underwriting.

So far, that investment is paying off. In the first quarter, Wells Fargo’s mortgage income climbed 42 percent to $2.9 billion from a year earlier, about one-fourth of the bank’s fee income. Analysts expect the business to boost second-quarter earnings.

Mortgages have also become a growing percentage of the bank’s assets. Wells Fargo has $312 billion in residential mortgages and home-equity loans on its books, representing about 41 percent of its loans, up from 38 percent in 2006. Among large banks, mortgages make up a slightly higher percentage of total loans at Bank of America, but significantly less at Citigroup, JPMorgan Chase & Co and US Bancorp.

Wells Fargo keeps about 10 percent of the loans it makes, and packages the rest into securities guaranteed by government-controlled entities such as Fannie Mae and Freddie Mac, the bank has said. It sells the securities to investors.

That percentage is typical of the industry, but with its size, Wells is piling on more loans than others.

The worst-case scenario for Wells Fargo’s mortgage business would be a rapid rise in interest rates, analysts said. That would push up its cost of funds, while it would still be earning historically low interest on long-term mortgages, making a large slab of its loans unprofitable.

In the 1980s, U.S. savings-and-loans were felled by such a rate squeeze, as well as risky investments they made, said Lawrence White, an economics professor at New York University’s Stern School of Business and a former savings and loans regulator.

Wells can hedge this risk and has a much more diversified balance sheet than the savings-and-loans had, White said. But the bank and its regulators need to monitor the situation closely, he added.

“We need to keep the memory (of the savings-and-loan crisis) alive because with long-lived assets, clearly an interest-rate spike can get you in trouble the old-fashioned way,” White said.

But while others pull back, Wells seems to be betting that the U.S. economy and the housing market is on an upswing, or at least will not weaken too much.

“If the market recovers, I think they will be sitting very pretty,” said Anthony Sanders, a finance professor at George Mason University and former head of asset-backed and mortgage-backed securities research at Deutsche Bank. “But there is always a concern. We are not out of the woods yet.”

(Reporting By Rick Rothacker, Editing by Dan Wilchins, Edward Tobin and Martin Howell)

Shares slide on Federal Reserve warning

35374904ab07163157a044d8a8217a8e Shares slide on Federal Reserve warning

(PhatzRadio / BBC News) — Global shares have fallen sharply after the Federal Reserve gave a stark warning about the state of the US economy and announced limited measures designed to boost growth.

The Fed warned of “significant ” as it announced a program designed to keep long- rates low.

Major all dropped in morning trading, with the FTSE down 4.7%, and the Cac-40 down 5%.

On Wednesday, the fell 2.5%.

Bond plan

Following a two-day meeting, the Fed warned: “Recent to continuing weakness in overall labour market conditions, and the unemployment rate remains elevated.

“There are significant downside risks to the , including strains in .”

It also unveiled a stimulus plan – dubbed Operation Twist – designed to help stimulate the flagging US economy.

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Officials at the Federal Reserve and the are not happy to be the only game in town. Far from it”

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The Fed will sell about $400bn (£260bn) of short-term bonds and buy longer-term debt. Buying bonds pushes the price up and lowers the interest rate, or yield.

The Fed hopes the move will help to keep long-term interest rates low, thereby boosting mortgage lending and loans to businesses.

The policy, the first of its kind since the early 1960s, does not inject any into the economy.

A number of analysts, some of whom were expecting the Fed to expand on its two previous rounds of quantitative easing (QE), under which it created money to buy assets to try and boost demand, expressed scepticism at the Fed’s latest move.

“It seems the market doesn’t believe Operation Twist is enough to kick start the spluttering economy,” said Ben Potter, at IG Markets.

“This, [together with] a very downbeat outlook… seems to have unsettled markets even further.”

The move by the Fed comes amid deepening gloom about the global economy, with the International Monetary Fund cutting growth estimates for the US, Europe, and Japan.

It comes as new figures show the eurozone’s private sector contracted in September for the first time in two years.

Markit’s purchasing managers’ index (PMI) of activity dropped to 49.1, from 51.5 last month. A reading below 50 indicates contraction.

On Wednesday, the Bank of England said members of its Monetary Policy Committee had considered a new round of quantitative easing to pump money into the economy.