8.22.24 Noncompete, CFPB Penalty, Profitability; Steve Richman on Public Speaking; September Cut Certainty

Today's podcast is sponsored by Candor. Candor’s authentic Expert System AI has powered more than 2 million flawless, hands off underwrites. Every credit risk decision Candor makes is backed by a Warranty, eliminating repurchase worries.

Transcript

“Great news! I got the whole plane to myself! The large group going to the psychic’s convention all cancelled at the last minute.” (No, this didn’t happen my flight to Orlando last night. It was, however, delayed four times for 90 minutes.) But speaking of news, frankly, I don’t see how the senior management of lenders and vendors keep up on the news with everything that is going on. Tomorrow on TMC’s Friday Rundown is Shelley Leonard who will be discussing the rationale behind the credit report costs as well as the acceptance of the tri-merge/bi-merge move. Many LOs remember when the FTC banned certain noncompete agreements. Well, fuhgeddaboudit. A ruling by US District Judge Ada Brown has halted the Federal Trade Commission's ban on noncompete agreements, citing the agency's lack of statutory authority. The ban was intended to promote competition and prevent wage suppression. My guess is that an appeal is in the works. (Today’s podcast is found here and this week’s is sponsored by Candor. Candor’s authentic Expert System AI has powered more than 2 million flawless, hands off underwrites. Every credit risk decision Candor makes is backed by a Warranty, eliminating repurchase worries. Hear an interview with Steve Richman on public speaking trials and tribulations, the unpredictability of entrepreneurship, and what is important to originators now, based on his travels around the nation.)

Employment, transitions, yet another retirement, yet another death

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Life in residential lending truly does mimic life in the real world.

Dart Bank is making a significant move in the wholesale mortgage space with the launch of its newest division, Dart Bank Wholesale Lending. With experienced executives from the TPO-centered firms of InterFirst, MB Financial, and Homepoint, and a focus on delivering exceptional service, competitive pricing, and intuitive self-service through their streamlined portal DartEdge, the new division is well-positioned for success. The division made a strong choice in sales leadership by announcing Adelfo Emanuele (West) and  Mary Johnson (East) to lead their respective regions.

“Are you a top performing loan officer looking for the next big opportunity? Talented loan officers want to work for lenders who offer more than competitive compensation, smooth operations support, a diverse product mix, and superior marketing tools. They need more in this dynamic, ever-changing landscape and Citizens Home Mortgage has garnered attention for its clear vision, strong leadership, and disciplined execution through challenging market conditions. We offer an excellent Private Wealth discount value proposition for high net worth banking clients along with a robust affordable lending product suite. With great pay and generous benefits, along with strong digital tools to help you get the job done, you will be poised to make a meaningful difference in the lives of your clients. Take your career to the next level and discover the difference of working with a bank that's dedicated to empowering the best in the industry. To learn more about how to join our team contact Natalia Santilli  or visit here.”

When Craig Montgomery joined the executive management team at Lower, his first order of business was to design a national recruiting team tasked with preparing the company for the next stage of growth. “I’ve made a lot of great relationships over the years, and this team is the culmination of that drive to associate with the top talent. Especially those who know how to identify the potential in others.” Leading the newest edition of talent attraction at Lower is another industry veteran, Connor Bartley. “When Craig shared the vision of Lower and the opportunities that lay before us, it didn’t take me long to decide this is where I wanted to be,” stated Bartley. “This team is the best at what they do and it’s no surprise why Lower is making such incredible strides in 2024. This is just the beginning!” For more information on opportunities at Lower, visit Lower.Company.

Informative Research appointed Steve Schulz as the new executive vice president of product management where he “will lead the vision, strategy and innovation methodologies to introduce disruptive ideas, improve existing products and processes, and foster a culture of innovation.”

Out of Pennsylvania comes news that Radian short-timer Tony Bruschi, CMB/AMP, with only 39+ years under his belt, is retiring. Most everyone knows Tony as the Vice President of Correspondent Sales at Radian Mortgage Capital. The industry certainly is losing some “muscle memory” and if you want to send a congratulatory note, do so here.

The industry lost a dear friend with the unexpected passing of credit education advocate, Sue Buswell due to double pneumonia and then sepsis. Sue was a beacon of knowledge for many, and was passionately dedicated to helping others understand the complexities of credit. Finlocker’s Brian Vieaux noted, “Her commitment to this cause was evident in everything she did, including her impactful contribution of Chapter 25: Credit Expertise, in the “Rethink Everything: You Know About Being a Next Gen Loan Officer” book. Sue’s legacy lives on through her tireless work and her beloved #sueknowsthescore initiative, which raised awareness and empowered countless loan officers to help consumers take control of their financial futures. Sue had recently joined Gridavate and will be deeply missed by all who knew her and benefited from her wisdom and friendship.”

Lender and broker software and services

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Revolution Mortgage cuts verification costs from 8 to 3 basis points. This is efficient operations, says Femi Ayi, Revolution Mortgage. Save up to $20K/month and reduce costs by 80% with Truv. See Truv in action.

Enhance the value of your non-agency investments with Planet's Guide to Non-Agency Servicing. Uncover strategies to optimize portfolio performance and elevate ROI through our deep expertise and industry insights. Learn how we help clients nimbly adapt portfolio strategies and explore new asset classes, ensuring investors stay ahead in a dynamic market. Unlock these valuable insights today from the fastest-growing non-prime servicer in IMF’s Top 20. Download the guide.

“It Takes a Village”: How a Top 30 Home Lender Scaled without Sacrificing Quality! In today’s lending landscape, not only do lenders have to adapt to changing audit expectations but also uncertain lending volumes. Many ensure top notch audit quality without sacrificing speed by bringing on a QC partner for overflow auditing needs. Over the last decade, Lower, LLC has found continued success partnering with QC Ally for their changing audit and risk needs. Lower’s SVP of Quality Control, Misty Skelton, said, “I’m able to scale with you whereas I’m not so much able to do that in-house. I can still partner with QC Ally to perform the level of auditing and quality that you always deliver, and the speed in which you deliver.” Watch the interview here.

Spring EQ’s Wholesale division has a lot of positive buzz as of late with the launch of its new loan interface, EMMA, which gives partners visibility into the AVM at registration, and the recent introduction of their one-of-a-kind product, the FIXLINE (fixed-rate HELOC). Register for the upcoming webinar where management will share recent enhancements to EMMA and demonstrate just how easy it is to price and register loans. They’ll also touch on the value of their FIXLINE product, which provides the flexibility of a HELOC with the stability of a fixed-rate loan. Click here to register and be sure to join on Tuesday, August 28th at 1:00pm ET. Interested in a wholesale partnership? Click here. Interested in a correspondent partnership? Click here. Second mortgages are Spring EQ’s specialty, so think of them first for all your seconds!

STRATMOR’s virtual customer experience workshop

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Your consumer experience is an outcome and reflection of your CX Vision and Strategy. Without the clear guidance of a CX vision, each employee interprets customer centricity in their own way, leading to conflicting definitions and behaviors. Curating your own CX Vision and Strategy will be crucial to both security and growth through coming market shifts, and it is one of the main areas of focus for our upcoming workshop. Join STRATMOR Group for its virtual Customer Experience Workshop, September 17, 18 and 19, to learn from STRATMOR customer experience experts as well as peer lenders how to optimize your loan processes to maximize repeat and referral business and achieve your growth goals. Learn more and register today.

Trigger lead changes ahead?

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“Rob, what’s the scoop on any trigger lead legislation?” First of all, you should read the legislation to see what may be eventually voted on. This brings us to some good news. Namely, through the work of our MBA, the House and Senate versions have been melded into one, not always an easy task given the egos of those sponsoring the bills. The Bill has been “attached” to the Defense Authorization Bill, so the odds are pretty good that it will be passed.

The MBA urges members to contact their Senators to vote for the Hagerty/Reed amendment (Senate Amendment 2358) that would add the Homebuyers Privacy Protection Act of 2024 to the Fiscal Year 2025 National Defense Authorization Act (NDAA).

The Consumer Finance Protection Bureau and Fay Servicing

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“The Consumer Financial Protection Bureau (CFPB) ordered Fay Servicing to pay a $2 million penalty for violations of mortgage servicing laws, as well as for violations of a 2017 agency order that addressed its illegal foreclosure practices…”

Mike Wojcik, Chief Marketing Officer with Fay Servicing, broadcast, “Fay continues to strongly disagree with the CFPB’s claims in this matter, but we made a business decision to settle. We have helped thousands of homeowners across the country stay in their homes using borrower-friendly processes that are at the center of this matter, and that were disclosed to the CFPB as far back as 2017. However, after a decade of cooperation and transparency with the CFPB, including throughout this investigation, we were faced with a choice: engage in a lengthy litigation process to defend our record, or agree to a resolution that, without admitting to the Bureau’s claims, would allow us to move forward. We chose to settle this case so that we can focus our time and efforts on supporting borrowers.

“The CFPB’s heavy-handed approach is one our industry is all too familiar with, and in this case, does nothing to help borrowers or the industry. At the same time, the CFPB’s decision to reference our CEO in this resolution is a tactic based on an agenda item to include CEOs, albeit one that it seems to apply to smaller companies. We are proud of our record and our team’s commitment to borrowers. While we disagree with the CFPB’s positions, we are pleased to put this matter behind us so that we can remain focused on what we do best: supporting homeowners across the country, including during times of financial hardship.”

If you made some coin in the second quarter, you’re not alone

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If you own or are managing a company that is making money again, does that mean thoughts of being acquired, or merging, vanish? Independent mortgage banks (IMBs) and mortgage subsidiaries of chartered banks reported a pre-tax net profit of $693 on each loan they originated in the second quarter of 2024, an increase from the reported loss of $645 per loan in the first quarter of 2024, according to the Mortgage Bankers Association’s (MBA) newly released Quarterly Mortgage Bankers Performance Report.

“Net production income was positive in the second quarter of 2024… A welcome sign after eight consecutive quarters of net production losses,” said Marina Walsh, CMB, MBA’s VP of Industry Analysis. “With a pickup in quarterly volume, productivity, and closings-to-applications pull-through, production costs dropped by about $1,800 per loan. These developments contributed to better net results, even as production revenues decreased from the previous quarter.”

“Almost 80 percent of mortgage companies in the sample posted overall profits, including both production and servicing business lines. After two of the most challenging years in the mortgage business, many companies are seeing light at the end of the tunnel.” (We all hope it’s not a train.)

Capital markets: a Sept. Fed rate cut is nearly a certainty

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It’s commonly assumed that mortgage rates are directly tied to the 10-year Treasury yield, however, this isn't the case. So why do mortgage professionals monitor this note so closely? While the yield serves as an important benchmark for mortgage rates, rates aren’t based on the 10-year Treasury note. MCT’s blog, ”How the 10-Year U.S. Treasury Note Impacts Mortgage Rates," provides a straightforward explanation of how mortgage rates respond to shifts in Treasury yields, why they tend to move together, and the broader influence of Treasury yields on bonds. Staying up-to-date on economic trends with newsletters like MCT’s Market Commentary is vital to maintaining margins in your business. By partnering with a trusted capital markets partner like MCT, you’ll always be at the forefront of developments that impact your business, like the variables that impact mortgage rates.

Clues become certainties. The release of the July Federal Open Market Committee meeting minutes showed a "vast majority" of FOMC officials are in favor of a September cut. And large downward revision to payrolls figures from the Bureau of Labor Statistics combined to reinforce bets the Fed will ease in September. (Yesterday, the U.S. payrolls benchmark was revised down by 800k which suggests the labor market is cooler than originally thought.) Several Fed officials acknowledged at their July 30-31 meeting that there was a plausible case for lowering borrowing costs, minutes showed. And the number of workers on U.S. payrolls was revised down by 818k for the 12 months through March. It was the largest downward revision since 2009 and suggests that the labor market started moderating much sooner than originally thought.

With concerns that the Fed kept rates in restrictive territory for too long, traders are now pricing in about 100 basis points of rate cuts in 2024. Chatter on the street is that bond traders are taking on record risk as they bet on a Treasury rally fueled by rate-cut wagers. Of course, looming tomorrow is the big market event of the week: Fed Chair Powell’s Jackson Hole speech. Organized by the Kansas Fed, the Jackson Hole Economic Policy Symposium is one of the longest-standing central banking conferences in the world. The event will bring together economists, financial market participants, and U.S. government representatives to discuss long-term policy issues of mutual concern.

Investors who are buying mortgages want to know what they’re buying. ICE’s first look at July 2024 mortgage performance data was released this morning, and the national mortgage delinquency rate improved as expected in July following June's calendar-related spike. Improvement at the national level was partially offset by Hurricane Beryl’s impact on mortgage payment activity in Houston and surrounding areas, which resulted in roughly 10k mortgage holders falling behind on mortgage payments in the month.

ICE’s report showed that foreclosure activity (starts, sales, and active foreclosures) rose across the board in July, but that appears to be more of a result of volatility and historically low foreclosure activity in June than a signal of broader risk in the market. Foreclosures have been running historically low all year, likely due to a number of factors, including high home equity, which gives borrowers options outside of foreclosure, and a broader array of loss mitigation tools employed by servicers.

Weekly jobless claims (232k, as expected; continuing claims 1.863 million) and the Chicago Fed National Activity Index for July () led off today’s economic calendar. Later today brings S&P Global flash PMIs for August, existing home sales for July, KC Fed manufacturing for August, Freddie Mac’s latest Primary Mortgage Market Survey, and several Treasury auctions that will be headlined by $8 billion of reopened 30-year TIPS. Treasury will also announce month-end supply consisting of 2-, 5- and 7-year notes for $69 billion, $70 billion and $44 billion, respectively, as well as $28 billion of reopened 2-year FRNs. We begin the day with Agency MBS prices worse .125-.250 from Wednesday’s close, the 10-year yielding 3.85 after closing yesterday at 3.78 percent, and the 2-year yielding 3.98.

You know you are getting old when “friends with benefits” means having someone who can drive at night.

Visit www.robchrisman.com for more information on our industry partners, access archived commentaries, or to subscribe to the Daily Mortgage News and Commentary. If you’re interested, visit my periodic blog at the STRATMOR Group web site. The current blog is titled, “Hiring: Do You Remember How to Do That?” The Commentary’s podcast is live and at any place you obtain your podcasts (like Apple or Spotify).

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