Posts Tagged Federal
How The Federal Debt Will Affect Mortgages And Real Estate
Posted on July 30, 2011 | Real Estate Law.
There is a new threat to the mortgage market, which is the federal debt debacle playing out in Congress. It all boils down to this. If the Congress cannot authorize the rise in the country’s debt ceiling then the United States of America will have to default on some of its payments. The whole economy would be adversely affected and that includes the housing market. That’s because a default will push up interest rates on every form of credit including mortgages. Some analysts are predicting that the interest rate increase could be as much as 1 percent.
It is said that 95 of every 100 home loans being written today are put into mortgage-backed securities that are guaranteed by Fannie Mae, Freddie Mac or Ginnie Mae. When they guarantee securities, that guarantee is coming from the U.S. federal government. The inability to raise the debt ceiling would mean that the value of these guarantees would plummet because the U.S. government would have to default on some payments.
The way the system works is that when the value of the securities drop, then the securities market would immediately demand a much larger rate premium on new mortgage backed securities to compensate for the greater risk. The results will be sharply higher interest rates charged to new borrowers.
The adverse effect on borrowing will not just be one immediate reaction by the markets. Instead, it will be spread out for years. If there is a serious and extended problem, U.S. bond holders like China will demand higher interest rates. This will ripple through all the markets and cause the further increase of interest rates in the mortgage market. Of course, this, as well as problems in other markets resulting from such a move by bond holders will slow economic growth more and the results would be higher mortgage rates, a double dip recession or — the worst result of all — a full scale depression.
As previously mentioned, the increase in interest rates could be as much as 1 percent. This could cause a 1 percent decrease in economic growth and the loss of 800,000 jobs a year.
Moreover, many analysts are saying that it won’t be just the higher interest rates that would be impacting the U.S. economy. As this crisis plays out stocks, bonds and the dollar itself could plummet and all of this will continue to buffet the mortgage market. as it affects everyone’s ability to borrow money regardless the reason.
Furthermore, analysts say that the default could freeze the short term lending markets. Treasuries and other government-backed debt are used as collateral for loans and the value of these securities will be plummeting because rating agencies will downgrade U.S. debt. So lenders could demand that borrowers must provide more collateral which could force consumers to sell other investments. Analysts say that this could cause a selling cycle that would spread chaos across markets much like the Lehman Brothers collapse did in 2008.
The issue is not just the federal deficit and debt. The repercussions of a U.S. government default will ripple through every nook and cranny of the U.S. economy affecting everything including mortgage interest rates.
The housing market has taken enough of a hit already due to the Great Recession, the record rate of foreclosures, the plummeting value of homes and the reluctance of buyers to take the plunge and buy a home. It certainly doesn’t need more problems caused by a small group in the U.S. Congress who demand that “It is our way or the highway!”
Mortgage Standards Reform Recommends Radical Changes
Posted on July 5, 2011 | Real Estate Law.
The Federal Reserve has called for a mortgage standards reform to counteract abuses taking place within the mortgage sector. If approved, the reform would demand banks employ an 8-point checklist to guarantee mortgagors can pay back the loan and would mandate a 20 percent down payment requirement.
The proposed mortgage standards reform makes banks responsible for investment choices and hold mortgagors responsible for reimbursement of borrowed funds. Additionally, the reform suggests changing what defines a qualified mortgage and associated underwriting criteria. The reform is likely to be carried out by the Consumer Financial Protection Bureau later this year.
Very few people would disagree that significant modifications are required within the real estate sector. In the last few months several investigations have been started against major banks by Attorney Generals, Federal Housing Authority, Justice Department, and Securities and Exchange Commission.
Altering guidelines which have permitted banks to take part in sketchy financing practices, such as improper foreclosure, are long past due. The latest federal reforms presented to legislature include the Regulation of Mortgage Servicing Act and the Short Sale Act of 2011.
The mortgage standards reform proposition is in compliance with the Dodd-Frank Consumer Protection Act. Dodd-Frank was set up to guarantee consumers obtain sufficient information and facts when borrowing money from financial institutions.
Although change is needed a lot of real estate professionals are worried about recommended modifications introduced in the rule. Substantial debate is occurring in regard to alteration to underwriting standards of Qualified Residential Mortgages (QRM).
QRMs are described by The Atlantic as “loans that meet certain guidelines and allow banks to escape retention requirements.” Proposed reform recommends a mandatory down payment of 20 percent to reduce risk of loan default. Governing bodies want to modify QRM criteria that not only call for higher down payments, but require buyers to cover all closing cost expenses.
Real estate professionals are worried these modifications would cause even more downfall in house sales mainly because of the increased down payment requirement. Furthermore, the recommended 8-point checklist would restrict numerous borrowers from being approved for a mortgage loan.
To further aggravate the situation, legislation has already been introduced that would remove the mortgage interest deduction from tax returns. This would include interest paid against mortgages and home equity loans.
Yet another worry about mortgage standards reform is the impact it might have upon the Federal Housing Authority. FHA has been the desired home loan program since 1913. Almost 60 percent of home loans are insured by the FHA. Proposed reform recommends limiting lending to less than 15 percent.
Mortgage reform presents a Catch-22 situation. On one side, it is essential for turning around the current mortgage crisis. On the other side, is proposes tight restrictions on buyers that could result in further decline of home sales.
If banks conform to recommended mortgage standards reform there is opportunity for positive change to take place within the real estate sector. Even so, more restrictive financing standards and increased down payment requirements could keep the market at a standstill. Only time will tell if reform makes a positive or negative impact.