Monday, October 25, 2010

New Mortgage Refinancings face similar problems?

Bloomberg reports 3rd quarter demand for refi's at some banks are near record levels given all - time record lows on mortgage rates.

The flip side of refi's comes after 3 disclosed issues confronting certain Banks:
1- Improperly documented and/or fraudulent foreclosures and the related 50 state Attorneys' General investigation into same.
2- Put back requests by investors (are not a new thing) due to deviations from reps & warranties; so far in a letter made public PIMCO, and the New York Fed and several others have asked, not sued, BofA to cure certain problems. BofA, although with 60 days to do so has come out swinging - as if there is a lawsuit pending.
3- The less covered but potentially enormous multi - Trillions dollars problemo looms over concerns that INITIAL improper pooling of mortgages into securities aka REMICs later CDO's, reincarnated again as CPDO's, some as reference securities as in Synthetic CDOs and related CDS on all of the above; and finally securities lending of or related to same. Some say opening the door to potential put backs in size; with the Fed being the largest holder at over $1T.
4- The headline - appears a silver lining to banks and borrowers alike - however, given 1, 2, 3 above especially 1 and 3 how do today's banks fulfill the absolutely required final payoff of remaining balance on the old mortgage; obtain the old note marked retired / paid off / satisfied and how do they know that the current servicer holds legitimate title? Along with determining compliance with the FDIC list a few here.

Oh and this little money saver - will the banks' or mortgage brokers suggest that borrowers ask and receive the re-issue rate for NEW title insurance?

Lets hope they do - otherwise today's refi's may emerge as MBS on Murphy's law - on steroids.

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