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Wednesday, June 09, 2010

California Senate Passes bill to extend anti-deficiency rules to some Refinanced Mortgages

by Calculated Risk on 6/09/2010 10:05:00 PM

Under California law, purchase money loans are non-recourse. However once a homeowner refinances, the entire mortgage is recourse ... that is probably going to change:

From Jim the Realtor: SB 1178 – Amended

SB 1178, the bill passed by the California State Senate by a 30-4 vote, is on its way to the Assembly.

The new intent:
This bill preserves a borrowers protection from a deficiency judgment when loans are refinanced, but only to the extent that the refinance is used to pay debt incurred to purchase the real property. The provisions of this bill become operative on June 1, 2011.
Yes, there was an amendment slipped in last week that eliminated the cash-out refinances, even those used for home improvement. The current bill is only applies to those who refinanced the mortgage used to purchase the home.
Jim wonders if some homeowners will wait until June 1, 2011 to default. I doubt it. Most borrowers I've spoken with have no idea about recourse vs. non-recourse, and purchase money vs. refinance.

Note that additional money borrowed above the original purchase loan amount will still be recourse if this becomes law.

Waste Traffic Indicator?

by Calculated Risk on 6/09/2010 05:50:00 PM

From Bloomberg: Waste on Freight Cars Gains Most Since ’94 Confirming Rebound (ht Brian)

If garbage is any indication, the U.S. economy is strengthening.

The number of freight cars carrying waste jumped 45 percent in April and May from the same period last year ... according to the Washington-based Association of American Railroads.
...
Shipments of waste and scrap have a higher correlation with economic growth than coal or copper, according to data compiled by Bloomberg News.
And here is the graph:

Rail Traffic Click on graph for larger image in new window.

From the Association of American Railroads: Rail Time Indicators: Waste and Scrap Materials traffic in May 2010 was "up 37.1% from May 2009 and down 20.4% from May 2008."

Waste traffic was down from the April level. The Bloomberg article suggests this confirms the "economy is strengthening" - I'd say this shows the recovery has been sluggish (still well below the May 2008 level) and the economy might have slowed in May (although one month doesn't make a trend).

Fed's Beige Book: "modest" economic growth, "Shadow" inventory of Foreclosed Homes

by Calculated Risk on 6/09/2010 02:00:00 PM

From the Federal Reserve: Beige book

Economic activity continued to improve since the last report across all twelve Federal Reserve Districts, although many Districts described the pace of growth as "modest."
On Real Estate:
Residential real estate activity improved since the last report. Most Districts noted an increase in home sales and construction prior to the April 30th deadline for the homebuyer tax credit, with contacts in many of these Districts also indicating a corresponding slowing in activity in May. Tight credit, the elevated inventory of homes available for sale, and the "shadow inventory" of foreclosed properties on banks' balance sheets held back residential development in the New York, Cleveland, Atlanta, and Chicago Districts. Commercial real estate activity generally remained weak. Office, industrial, and retail vacancy rates continued to drift upward in many Districts putting downward pressure on rents. However, lower rents were said to have led to an increase in leasing activity in New York, Philadelphia, Richmond, Kansas City, Dallas, and San Francisco. The elevated inventory of existing properties for sale or rent continued to weigh on new private nonresidential construction. However, stronger industrial demand was noted in several Districts. Public construction increased in Philadelphia, Cleveland, and Chicago, but slowed in Minneapolis.
This is the first mention of shadow inventory on banks' balance sheet (at least recently).

Happy "Froth" Day

by Calculated Risk on 6/09/2010 12:30:00 PM

Jon Lansner at the O.C. Register notes the fifth anniversary of then Fed Chairman Alan Greenspan's "Froth" speech: Greenspan’s froth not bubble, 5 years later

“Although a ‘bubble’ in home prices for the nation as a whole does not appear likely, there do appear to be, at a minimum, signs of froth in some local markets where home prices seem to have risen to unsustainable levels.” [said Fed Chairman Alan Greenspan, June 9, 2005 in testimony to Congress]
Perhaps to celebrate "Froth Day", Fed Chairman Bernanke made this statement:
[U]nderlying housing activity appears to have firmed only a little since mid-2009, with activity being weighed down, in part, by a large inventory of distressed or vacant existing houses and by the difficulties of many builders in obtaining credit.
So there are too many "distressed or vacant existing houses", and not enough credit for builders to add to that oversupply.

Bernanke Testimony before House Budget Committee at 10 AM

by Calculated Risk on 6/09/2010 09:50:00 AM

Fed Chairman Ben Bernanke will testify before the House Budget Committee at 10 AM. The topic is State of the Economy: View from the Federal Reserve

Note: Bernanke has promised not to discuss fiscal policy.

Here is the CNBC feed. (starts at 10 AM ET)

Here is the CSpan feed

Prepared testimony: Economic and financial conditions and the federal budget