There’s always something to howl about.

Author: Brian Brady (page 20 of 27)

Commercial Real Estate Finance Expert
Structured Debt and Equity
Licensed Real Estate Broker in AL, CA, and FL

Redfin.com: Bodett-ing Real Estate Brokerage

Glenn Kelman appeared on NBC. This time, he wasn’t the smartest kid in the class; he imitated Tom Bodett. Greg points out the “Duh” factor in the most recent Redfin Revelation:

Here’s real justice: Someday, an actual reporter is going turn to Kelman and say, “Glenn, you’re the expert. How do you set up a lease-purchase so the buyer doesn’t get screwed? What’s the best way to do seller financing — a contract-for-deed or a carryback? Under what circumstances should a buyer consider waiving inspections?” Just keep on smiling, Glenn. You’re asking for it, and you’re going to get it.

Here’s the problem (to quote Jeff Brown):

They don’t know what they don’t know (the public).

Kelmann is taking the Bodett approach to selling the Redfin USP. Instead of appearing as the bright boy with a rebel streak, he’s approaching this with a folksy twist. The message he’s sending the consumer is compelling:

“Aw Shucks! You don’t need no high fallutin’ REALTOR to sell your house. Just list it on craigslist.org…and leave the light on fer me. A professional REALTOR is a luxury; who can afford that?”

Right or wrong, dangerous advice or not, that message resonates with folks, who are facing the wrath of Countrywide, when they short sell their home. Why pay for sumthin’ that you don’t really need?

Even more astonishing is the trade union’s endorsement of his message. It’s like the Ritz Carlton endorsing Motel 6. (Hat tip to Jeff Kempe)

Redfin will fail. We all know that you can’t exist by selling widgets below the manufacturing cost of a widget. There are only so many investors who will fall for the internet start-up math before A Wall Street analyst cries foul. Their demise, however, should serve as a case study for how NOT to respond to the Trojan Horse.

We’re All Sub-Prime Borrowers (Who Consume Oil)

Residential lending is in a pretty tough spot. Mounting losses, from former white-picket fence owners, are putting a dent in the country club sets’ wallets. The problem is not unlike the one we faced 20 years ago; bankers turned into riverboat gamblers.

That’s all changed. Today, sobriety is the buzzword in residential lending as the conduit lenders act as if borrowers were trying to pry the money for a home loan out of their children’s piggy bank. If it weren’t so serious it would be comical.

The bankers think that every American is a sub-prime borrower. Until they can reach a consensus on an economic model, Wall Street securitizers will drive this culture of paranoia into the hearts of the newest of mortgage company employees.

Who will save us from this madness? The oil merchants, of course. It’s in their best interest to jump start the little economic engines we call “our neighbors”. If the old lending model was based upon undervalued real estate, the new one will be based upon the nature of the little pink house owners, to buy pimped-out Sherman tanks for their driveways. As long as the American consumer can continue to expand his consumption of gasoline, the oil merchants will finance our homes.

Mark my words, the oil barons will be the new round of fresh residential lending capital. It makes perfect business sense. If your key account is slowing down the orders, give them a little credit to get the through the tough times. That’s EXACTLY what the sheiks will do and they’ll make a killing doing it.

The average American is NOT a sub-prime borrower. Hell, even the sub-prime borrowers aren’t really sub-prime borrowers. Americans really are honorable and most believe in a brighter future. As long as we continue to put men on the moon, develop new communication technologies, and cure otherwise incurable diseases, Americans are the best long-term bet in the world. Debt is an affirmation of that belief. Our biggest vendors believe in us because without us, Read more

Happy Homeowners Act of 2008

I’m thinking of getting into politics. I’ve been watching testimonies, from both sides of the aisle, about the credit crunch and impending doom of mass foreclosures. I figured out the problem:

The housing prices were too damned high.

Now, my stance, to this point, has been pretty clear; let the market act as markets do, with commensurate consequences to each and every market participant. Lenders and borrowers lose. Lenders lose money, and borrowers lose the freedom to buy another home, with the use of a mortgage, for a period of 4-6 years. (remember that statement)

As I’ve said, I’m thinking of getting into politics so that straight talk and libertarian approach is somewhat unacceptable in the vote-seeking game. I think I need to find a solution that will put me in a picture, alongside Hillary, Arlen, Barney, and Hank. My solution may also fire a shot across the bow of our economic enemy, China; that’s just a bonus for the cold warriors among us.

The Happy Homeowners Act of 2008 understands that foreclosures are far reaching in their devastating effect. They leave homes vacant in neighborhoods, they attack the esteem and morale of the borrowing family, and what is often left unsaid, they whack the investors’ principal. Talking heads have said that the homeowners just want to live in peace and harmony, in their slice of the American Pie. So… here’s my proposal:

Mark to the Market or yell “do over”. We’re all in this together, right?

1- Homeowners overpaid for their homes. Those homes are worth some 20% less than what they paid for them. The investors will take a loss of 20% (or more) should they proceed with foreclosure…so…just take the loss today. Reset the loans to a loan amount the borrower really can afford.

2- Investors will lose money but can recoup some of those costs from the market participants that profited. Real estate brokerages, mortgage brokerages, originating lenders, servicers, Wall Street securitizers, appraisers, home inspectors, stagers, and everyone who made a dime off the transactions during the “excessive period” Read more

Sharks Eating Sharks: It’s 1974, All Over Again

“You suck!”

“Well, you’re a big fathead !”

I like to watch the stock market opening on Bloomberg Television. The cable company lets me have Bloomberg, free, until 8AM so I can get my fix while I lay cocooned in bed.

A few weeks ago, Goldman Sachs, the premier investment banking firm, told Citigroup that they, basically suck. Today, Citi told everybody that they all suck just as much.

Treasury Secretary, Hank Paulson calls an audible from the Nixon playbook, Ben Bernanke is cranking up the printing press and the American public is depressed.

Slip, Freeze, Crash, Buy. When the sharks start eating the sharks, it won’t be long before you can start picking through the bones for a few good morsels.

Listen to Warren Buffett. He bought an American institution, in 1974.

Becoming My Father: Tainting the Army-Navy Game

I’m turning into my father. I just finished my annual tradition of watching the Army-Navy game. Two things annoyed me:

1- The game wasn’t played in Philadelphia (they experiment with New Jersey, Pasadena, and now Baltimore). The game is hosted by a neutral city; Philly is 130 miles from both Academies and is the default home to this rivalry.

2- They sold a sponsorship to the game. I get the big picture. Sponsorships are win-win for both schools. I just think that this game should transcend commercial interests.

At least I can enjoy the DaltonsAZHomes Territorial Cup this afternoon. Fork ’em Devils.

Sex and Real Estate Brokerage

Shaun Mc Lane sells real estate in Orlando. No, strike that. Today, Shaun does not sell real estate in Orlando; he will be opening his own real estate brokerage in December.

Tuesday, Shaun experimented with a racy Web 2.0 offering. He posted a video asking if sex sells. The video was a short slide show of bikini-clad women, in various poses. Should you click through, you’ll see that it isn’t “Betty Grable in a cheesecake” pose. It is a more prurient collection of photographs typically seen on MySpace.

Wednesday, Shaun’s broker laughed about it and asked him to remove the post from his website. Shaun called her bluff and was handed a pink slip. Shaun is claiming independent contractor status, because he pays his own marketing costs, and is visibly irritated with the decision. He’ll be “going it alone” which may have been his intention all along.

Similar controversy gained national attention when Wendy Heath posed with her bulldog, in a bikini, on a billboard in Long Beach, CA. Wendy’s strategy:

“I wanted to set myself apart and kind of shock the shore, and, you know, drive people to my website and increase my business,” Heath told MSNBC’s Joe Scarborough. “There’s many, many real-estate agents in our area, and it’s hard to break through and set yourself apart. … I am absolutely amazed that one billboard could cause so much attention, but I am absolutely elated.”

Competing female REALTORs dissented:

Well, as a fellow realtor, but also someone with the body to do exactly what she did, I think she took the blonde-bimbo way out. If we, as professional real-estate agents, have to result to using our scantily clad bodies to gain clients, maybe we need to look inside ourselves at what we are lacking professionally. There are many tough real-estate markets nationwide, but when we tear down the image we are struggling so hard to display (which is that every real-estate transaction benefits from the experience and knowledge that only a professional realtor can provide), we essentially lose all that we have worked to achieve. Read more

Countrywide Bankruptcy Likely? Not While the Feds Are Bailing Them Out

I’m a Countrywide watcher. It’s size and reach in mortgage loan origination is worthy of any mortgage originator’s respect and admiration. I had a lot of confidence in Countrywide as it marched to becoming America’s largest originator of home loans. I liked ’em so much that I had a piece of the joint, in my IRA, until April 1, 2007.

It was no April Fool’s Day joke when I announced that they were in trouble because of the Pay Option ARM product. For the Series 7 types, I went from long to cash within 24 hours of writing that post, then short ( not in my IRA) 24 hours later. I was nervously wondering when Wall Street would catch on to the problems and decimate the stock; I felt it would be worth less than ten bucks a share. Alas, I chickened out and closed the short position to raise cash during the liquidity crunch of 2007; I figured that profit would pay my daughter’s tuition when the market slowed.

Wall Street still thinks Countrywide is a twenty dollar stock, even as it trades below nine bucks a share. Are they being fooled, like the Enron debacle, or do they know something that we don’t? While Wall Street fiddles the Mozilo tune, pundits think CFC could file any day now. I don’t think a Countrywide bankruptcy is likely. I thought it made sense for the Feds to bail out Countrywide; two days later they opened the discount window.

How are the Feds bailing out Countrywide today?

1- Certainly, as Countrywide has moved it’s fundings to its federally-chartered bank, any Fed market activity benefits them.

2- I said that they way out of the mess was for Countrywide to originate new loans in less risky programs. CFC has rolled out a major reverse mortgage program and is compensating brokers to refer those loans to them. While some people believe its actions violate the spirit of HUD laws, there are no HUD guidelines specifically forbidding this practice. Reverse mortgages are three times Read more

California Sub-Prime Bailout: Rewarding the Feckless

Governor Schwarzenneger brokered a bailout for California sub-prime borrowers with four major servicers:

Countrywide, GMAC, Litton and HomeEq – which collectively service more than one quarter of subprime loans to people with poor credit – agreed to maintain the initial, lower interest rate for some subprime borrowers whose rates are scheduled to jump significantly higher. To qualify, borrowers must occupy their homes, have made their payments on time and prove they cannot afford payments with the higher interest rate.

You had to see it coming. California is a mess right now with foreclosures. An argument could be made that sub-prime borrowers weren’t charged enough for the risk lenders took on them. Did the Governor, in fact, reward the feckless few who blindly bought into an inflated market? Does the measure penalize the responsible who waited for realistic prices and saved their sheckles for a down payment?

Two stipulations of the bailout are:

(a)- the borrower must be making timely payments, and

(b) the borrower must demonstrate an inability to service the higher payment.

While sub-prime loans are traditionally earmarked for the credit challenged, lenders extended these loans to good credit borrowers. Those borrowers bought a home that they couldn’t afford, with no money down. This program may very well reward people who lied to get a “smokin’ deal” and who now cry foul when that subsidized deal is taken away. The only exit strategy these borrowers had was to refinance out of the loan. That strategy was predicated upon a continual rise in property values. I know this; I work in the eye of the hurricane.

So, does Gena Reide. She’s a real estate broker in Sacramento, a community that has been hit hard by the meteoric rise in prices and subsequent drop back down to reality. Her ebullient report about this measure suggests that it is an idea that is long overdue.

Many have said that the homeowners in foreclosure should take responsibility and not receive any bail-out help Federally. It’s time that everyone realize that this doesn’t just effect those homeowners losing their homes, it effects Read more

Dancing With Who Brung Me

The first rule of organizations; he who speaks, volunteers. Actually, that’s the first rule of small, nimble organizations…guerilla units…we read Sun-Tzu and pounce on opportunities.

I’m jazzed, stoked, amped-up and psyched about the Guerilla Web Marketing Conference in May. We’re talking about Web 2.0 or for real estate agents and mortgage originators. Now, how do I promote it so that this place looks like this, in 2010?

First Campaign: Facebook.

Viral. That’s the gal who brung me to the dance.

ActiveRain.com: Members Own Content But Can’t Profit From It

Do members REALLY own the content on Active Rain?

I asked that question some 13-14 months ago, wondering whether the hours I invested would be worthwhile. I was satisfied with the explanation that the content was, indeed, the members’ property.

Move.com attempted to buy Active Rain, it balked, and conversations about a future revenue model led the idea of syndicating the user content to the mainstream media. Again, the question of who owns the content arose- the answer was identical to the 2006 answer; the members own their content.

Justin Smith (aka Damion Foxworthy) wrote a satirical post, which won the People’s Choice Award, in the Odysseus Medal competition, about “selling” his Active Rain profile. Justin, through diligent weblogging and contribution to the community, has amassed some 100,000 points on Active Rain. The entry was cross-posted on Active Rain and generated an overwhelming response from the membership in the comments section. As usual, I “read too much into” this comment from Top Rainmaker, Jon Washburn:

Great post Justin,

I sat reading it thinking, “Great, how should I handle this. I probably have to zero out the points on this profile now. But man, whoever bought Justin’s blog is going to be pissed.”

I think you all are right and we need to think through this issue and put some type of formal policy in place.

Did you catch that? He said that he would “probably have to zero out the profile”. This means that while Justin has ownership of the points, he has no right to transfer them. The points were a by-product of the contributed content. Ergo, the content is not really “owned” by the members, in the purest definition of the word ownership (the content can’t be transferred).

The policy being considered strips the most important right of “ownership” from the members and releases it to the Company. While the Company can lease the content to a third-party news source, for the implied quid pro quo of SEO, the only profiting that will be done will be by the Company.

I’m okay with that, too. I’m Read more

Wanna Go North? Stop Heading South.

Leave it to Todd Carpenter.

I was on Rain City Guide, wishing Jilayne a happy birthday, today. I scrolled through the posts to see the typical “Do Away With YSP post” that dominates the internet today. It’s another example of heading South to eventually go North.

Todd has the answer (comment #1):

I have another idea. If YSP’s supposedly stress everyone out at the closing table, just stop making brokers disclose it. Then the consumer would start focusing on the true cost of the loan.

Brilliant ! I’m actually giddy.  Todd may not realize it but he just fired the shot heard round the world.

Cribfinder and Facebook: Showcasing Listings

I’m a newbie to the world of Facebook but an old salt at social networking sites. I’ve been on LinkedIn since 2004, MySpace since 2005, and Active Rain since 2006. Facebook is my network du l’an for 2007.

It all started with my need to meet people in the San Diego area. I moved here as a mortgage sales executive in 2003 to be RIF’d after a merger in early 2005. Faced with the prospect of earning a living for my family, I turned to my first love; originating loans. In many respects, I’m only a third year originator.

My goal: to build a phat Rolodex, and fast.

I turned to the budding social networks to meet REALTORs and key referring influencers. I think Jeff Corbett got me on Facebook. I see a few of you there now. Facebook is a unique social utility because it lets independent software developers offer applications. One of those applications is a listing bot called Cribfinders. From the Cribfinders home page on Facebook:

Did you know?
* Your properties appear on your profile after adding them to CribFinder
* Updates appear on your newsfeed when you add or comment on photos (even your own!)
* You can track how many times your properties are viewed
* You can add your profile to our (searchable) realtor database
* You can add as many properties as you want
* You can get links to your “Cribs” and display them OFF of facebook

I added that application on my Facebook page and started searching around, I came upon this listing and clicked through to the REALTOR. He and I led parallel lives (both lived in Phoenix and moved to San Diego). I called him and spoke to him for 10-15 minutes and we have a connection. I have always maintained that the loan originator with the most friends wins the game so I like to make friends.
I noticed one hound using that application and wondered if others will. Comments about Cribfinders?

HR 3915: Why Federally-Chartered Banks Get The Pass

Big banks have a HUGE advantage over mortgage brokerage firms; they have the money. Federally-chartered banks also are regulated differently than mortgage brokers; they are overseen by the Office of Thrift Supervision, a successor regulator to the Federal Home Loan Bank Board. Federally-chartered banks also subscribe to FDIC insurance which imposes another layer of oversight to them. In the interest of simplification, the OTS regulates banking activity while the FDIC monitors the bank’s investments.

Big banks have a lot to lose if they have a rogue originator among their ranks. That’s not to say it doesn’t happen; rogue originators infest every business model, including the big banks. What is apparent, however, is that the big banks have greater systems in place to supervise the actions of their employees than do mortgage brokerage and correspondent lending firms. They also have more stake in the origination process- the authority to borrow and lend money with the legislated blanket of a government guarantee (FDIC insurance).

Banks have exploited this unfair advantage, too. They systematically engaged in a scheme to inflate profits by using mortgage brokers and correspondent lenders to do the dirty work for them. Internal policies at the big banks limit how much “overage” (the bank term for yield spread premium) a bank-employed originator can charge under the guise of “responsible lending”. Their wholesale business channels were able to “bribe” the brokers to originate higher rate product with the temptation of obscene yield spread premiums. They removed themselves from the “dirty retail” work to claim plausible deniability when the shit hit the fan. Today, we have a feces-covered fan. The mortgage brokers have dirty, smelly hands and the big bankers are emerging from the washroom looking like a smartly starched altar boy.

Big banks are always going to have an unfair advantage with regulators because they know the golden rule of finance. A watered-down version of HR 3915 will eventually become law. The political pressures of an election year make it virtually impossible for ambitious politicians to ignore a chance to enable Read more

HR 3915: Open Letter to Senator Dodd from a Veteran Mortgage Originator

The Hon. Senator Christopher Dodd
Chairman- US Senate Committee on Banking, Housing, and Urban Affairs
534 Dirksen Senate Office Building
Washington, D.C. 20510

Dear Chairman Dodd:

Soon, HR 3915 will be endorsed by the House of Representatives and most likely referred to the Senate. The committee you chair, will have an opportunity to read, discuss, debate, and amend this bill before recommending it to the general Senate for vote. I am a 20 year veteran of consumer financial services with the last 14 years in mortgage lending. I have helped over 700 families finance their homes and closed some 1700 loan transactions. I humbly submit my expert opinion to you for consideration.

The Libertarian in me begs you to do absolutely nothing; it’s the borrowers’ cavalier attitude towards financial planning that caused this mess. While my statement is true, it is but a component of the underlying malaise in the residential real estate industry; we adopted an even more cavalier approach to loan approvals and that irresponsibility is being felt by the investors who trusted us to perform adequate due diligence. Failure is a costly but cogent instructor; to discourage failure on both the borrower and investing lender sides of the equation might be more costly in the long run.

I oppose individual originator licensing in its proposed form. It doesn’t demonstrate true expertise and might induce a false sense of security to the consumer. This very act may very well damage the consumer by perpetuating the adolescent approach to financial planning the average American exhibits. It transfers the responsibility of prudent money management from the consumer to the license issuing body; sadly, those bodies are not up to the task.

I am a pragmatist so I know that my remarks about licensing, while philosophically pure, are impractical from a political view. Inasmuch, I recommend that the licensing requirements be strengthened to include any and all participants in the origination process: originators, processors, and underwriters. I further recommend that the license be national in scope so it is more consistent with the standardization mortgage securitizations induced. Read more

HR 3915: Anti-Consumer Bank Protection Act of 2007

HR 3915, the Anti-Consumer mortgage bill has passed the House Financial Services Committee. This was expected. The committee is chaired by the bill’s sponsor, Barney Frank. This bill seeks to destroy the consumer protections, guaranteed by free markets, through: a legislated oligopoly, a reduction is loan choices, and a contraction of loan pricing options, all dressed up as consumer protection.

This isn’t cause for concern…yet. Today’s House FSA approval was akin to a Politburo approval of Khrushchev’s recommendation of the Communist slate of officials – with Khrushchev presiding.

The horse trading with this bill starts tomorrow. The bill will be read to the House “Committee of the Whole” where time will be allotted for debate and amendments will be considered. ( C-SPAN junkies, this is where time is allotted to the “Gentlewoman from California” wherein she rambles about baby seals for two minutes and offers her support for the mortgage bill. Then, the “Gentleman from Arizona” talks about the second amendment for two minutes and concludes with his dissent for the mortgage bill. )

Mandatory licensing of originators will most likely be recommended although nobody will really understand why it’s necessary. Republicans and Democrats alike favor licensing- the former for its ability to fleece money from people without the appearance of a tax and the latter because it asserts some level of governmental control.

The “fiduciary duty” rule will be attached, also. Nobody knows what that means but it sounds SO DAMNED GOOD to the little people back in the home state.

Yield Spread Premium will not go away but be limited to 1%. Prepayment penalties will be abolished. A lobbyist will buy a legislator lunch, explain in fourth grade math about how it helps the consumer, who, in turn, will explain the concept to the Committee of the Whole, in third grade math. That amendment will be made and everyone will champion the cause of the consumer and smoke another cigar.

The Committee of the Whole will read the bill for a third time, with my predicted amendments, and the House will overwhelmingly pass the bill for referral to the Senate.

The Distinguished Senate Leader will announce Read more