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Some Lenders Take Referral Fees, Too

The Housing Scene by by Lew Sichelman
by Lew Sichelman
The Housing Scene | January 8th, 2021

In a little-known civil action, the Consumer Financial Protection Bureau is investigating the real estate affiliate of Quicken Loans for illegal kickbacks.

Specifically, the consumer watchdog agency is wondering whether Rocket Homes Real Estate violated the Real Estate Settlement Procedures Act when it charged fees for referring Quicken’s mortgage clients to real estate agents. Under RESPA, it is illegal to collect money without providing “meaningful” services.

The CFPB’s investigation has gone largely unnoticed because it does not publicize such cases until a determination of guilt is made. And rightly so -- to announce an investigation without any such findings would cast an unnecessary cloud over innocent companies.

Quicken, one of the nation’s largest mortgage lenders, did not respond to a request for comment. But the company, which went public in early August under the name Rocket Companies, said in its IPO prospectus that it “intend(s) to cooperate fully with the CFPB in this investigation and (is) confident in the compliance processes that Rocket Homes has in place.”

The case was brought to my attention by Dmitry Shkipin of HomeOpenly.com, who has filed a complaint against Rocket Homes Real Estate with the Federal Trade Commission alleging not only violations of consumer protection laws and market allocation practices, but also antitrust laws.

Shkipin told me during a lengthy telephone interview that he believes his allegations are the basis for the CFPB probe. He has filed similar charges against Better Mortgage, Mellow Mortgage and LoanDepot, but because those companies are not publically owned entities, it is unknown whether they are also being investigated.

Shkipin contends that all of these lenders operate sham “paper brokerages” set up with only one thing in mind: to extract fees from realty agents -- fees consumers ultimately pay, often in exchange for poor service.

Shkipin came to me after my coverage of the damning Consumer Federation of America report in October that said that online referral agencies, which collect fees for referring buyers and sellers to local realty agents, are all but useless. In these pay-to-play schemes, CFA said, referral agencies often refer people to mostly inexperienced or hardly active agents who are unable to generate their own leads.

In most cases, CFA said that agents won’t negotiate their commissions because they have already given away a chunk to agents referring clients to them. And sometimes, people will receive less-than-full service because an agent won’t pocket a full commission.

But Shkipin contends some mortgage companies go further by skirting RESPA. They do so, he argues, because they fail to add anything of value to the transaction other than handing off a lead to realty agents. I have copies of all of his complaints, but since the Rocket Homes investigation is the only one that is public, let’s stick to his allegations about that company.

His complaint says that while Rocket promises to match Quicken’s borrower clients with highly rated realty agents, it actually connects them with “only real estate agents (who) have agreed to pay a referral fee.” The fee is never disclosed to the client, according to Shkipin.

“In reality,” alleges Shkipin, “Rocket Homes is a broker-to-broker collusion scheme that utilizes its parent mortgage company’s consumer information and passes it along to a colluding broker, who is willing to pay for it with a cut of their commission. All partner agents agree to pay Rocket Homes a prearranged referral fee on all closed transactions through their employing broker.”

Under Section 8 of RESPA, referral payments are allowed only when all parties are acting in a brokerage capacity. But Shkipin maintains that Rocket does not meet that test. Instead of representing consumers to help buy and sell houses, the company “actively disengages” from those activities so that partner agents know Rocket will not compete with them for clients, he contends.

The company, which is rated No. 1 in consumer satisfaction by J.D. Power, uses its real estate license “to collect blanket referral fees from the largest number” of real estate agents possible, he alleges. It “has absolutely no duty of care to consumers and takes no responsibility for the transaction, despite receiving a direct financial benefit.”

Moreover, he maintains that in collecting blanket fees, Rocket violates the Sherman Antitrust Act, which requires agents and their brokers to compete for consumers without entering into agreements that restrain free trade. “It is a per-se violation when the parties agree to a ‘standard’ referral fee that will be paid for producing a client,” he says in his complaint.

Ironically, Shkipin’s company, HomeOpenly, is also a service that helps buyers and sellers find agents. But he says his operation is different in several respects. For one thing, it is an open marketplace, not a real estate brokerage, where all service providers listed on the network compete for consumers’ business individually. For another, it earns its keep from advertising, not referral fees.

He argues that companies like his operate at a competitive disadvantage so long as brokers can trade consumers as leads for blanket referral fees. As long as referral schemes are allowed to operate, he explains, agents are naturally encouraged to participate. There are no upfront costs, they pay only when a sale closes and sometimes hike their commissions to cover the referral fee they must pay.

“Any agent who chooses not to participate in such schemes risks losing ‘free’ business,” Shkipin says. “Such an environment is highly poisonous to a healthy real estate representation market.”

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Odd Lots: Neighbors, Ceilings, Showings

The Housing Scene by by Lew Sichelman
by Lew Sichelman
The Housing Scene | January 1st, 2021

Shortly before my wife and I returned home from a few weeks at the ocean last summer, a small EF-1 tornado touched down about 100 yards from our house. No damage was done to our home, but a rather large tree fell across the driveway. By the time we got home, though, two of our neighbors had taken it upon themselves to cut the tree into usable firewood.

Needless to say, we have good neighbors. And as it turns out, many of us do.

“Neighbors in America tend to like and care for each other,” says Improvenet, a contractor-matching service, after recently polling 2,500 people. “Many spend time socializing, and most are quick to offer a helping hand.”

More than two-thirds of those surveyed have gotten to know their neighbors better during the pandemic. Almost that many have made an effort to be more friendly than usual, and nearly 7 in 10 say they appreciate their neighbors more than ever. Amen.

Beyond socializing, the survey found that we are eager to help one another. During the pandemic, 67% have offered aid of some sort to their neighbors, and 62% say they’ve received the same in return.

Some observers are agog about the rise in the conforming loans limits for this year -- now a staggering $822,375 in high-cost markets and $548,000 everywhere else.

That means that with a 20% down payment, someone in one of many coastal markets can buy a million-dollar house with a conforming loan.

The conforming loan ceiling is the maximum mortgage amount that can be acquired from primary lenders by the two government-sponsored enterprises, Fannie Mae and Freddie Mac. The GSEs then place those loans into securities that are sold to investors worldwide.

The process not only helps keep money flowing into the mortgage market, but also allows homebuyers to borrow at slightly lower rates than those whose loans are not sold to Fannie and Freddie. And the loan limit is adjusted on an annual basis.

Some say the new limits are way too high, especially when Fannie and Freddie’s mission is to support middle-market transactions. But according to a new report from their government regulator (the GSEs are still in conservatorship as a result of the 2008 housing debacle), only a relative handful of borrowers took advantage of the 2019 increase, when the ceilings were raised to $726,525 in expensive places and $484,350 elsewhere.

Back then, says the Federal Housing Finance Agency, only 142,000 borrowers took out GSE-backed loans above the 2018 ceiling. That’s just 3.4% of the more than 4 million mortgages acquired by the GSEs.

Still, the typical borrower who secured a mortgage above the previous limit reported an income of $182,000. That’s twice the income of those whose income was below the 2018 ceiling. The median value of the houses they financed was $646,000, also twice the typical value of other borrowers.

Pending home sales are considering a leading indicator in the housing market. But showings may be even a better harbinger of things to come.

Pending sales are houses that are under contract but have yet to close. But showings indicate that would-be buyers are still out there, hunting for just the right place.

Just as not all contracts close, not all showings lead to contracts. But the fact that people are house-hunting in the face of colder weather and a pandemic that just won’t go away means the market remains strong. And according to ShowingTime, a management technology provider, year-over-year activity surged in October.

“House-hunting remained steady as we head into winter, subverting all the usual trends,” said ShowingTime President Michael Lane. “Seeing markets throughout the country record twice as many showings per listing compared to the same time last year suggests pent-up demand hasn’t fully played out yet.”

Fewer people are exiting forbearance programs offered by their lenders, according to the Mortgage Bankers Association. Worse, though, more people who had left relief programs are back in line, seeking help for a second time.

According to MBA’s latest estimate, 2.8 million borrowers are in forbearance plans. Of those, about 20% are in the initial stage, while some 78% are in an extension. The remaining 2% have returned for a second helping.

The good news: “Only” 5.5% of all borrowers are in a forbearance program.

In 1963, Rear Admiral (Ret.) Thomas Lynch played football for the Naval Academy alongside Roger Staubach, who went on to play for the Dallas Cowboys and was enshrined in both the college and professional football halls of fame before going into the commercial real estate business.

Like Staubach, Lynch is now in the real estate game: He’s the executive chairman of NewDay USA, one of the country’s largest mortgage lenders and perhaps the largest one dealing solely with veterans and active-duty servicemen and women.

By the way, Navy was ranked second in the country in ‘63, and played No. 1 Texas for the national championship. (The Middies lost, 28-6.)

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Odd Lots: Parking, Neighbors, Holiday Houses

The Housing Scene by by Lew Sichelman
by Lew Sichelman
The Housing Scene | December 25th, 2020

When the conversation turns to the nation’s affordable housing crisis, the talk is usually about ever-higher house prices and the cost of regulations. Rarely does the discussion mention parking. But it should, says Brian O’Looney, author of the new book, “Increments of Neighborhood.”

O’Looney says parking requirements drive up construction costs, “turning cities into storage areas” for our vehicles and keeping home prices “prohibitively high” for consumers. They add costs, not just terms of the actual parking, but also in the opportunity cost lost when parking displaces potential residential development, he told me in an email.

The author says two-thirds of suburban land in commercial and retail areas is dedicated to parking. And since retail parking is designed for peak loads, lots run at only 45% to 50% capacity for most of the year.

As O’Looney sees it, parking rules are “often more of a pseudoscience, with little to no statistical basis and more a political calculation.” He says changing parking requirements can increase commercial land values by 30% and lower development costs by 25% -- or up to 30% in urban areas.

Whether or not homeowners are thinking about putting their places on the market, most of us wonder what our houses are worth. But we’re just as curious about what our neighbors’ homes would bring -- particularly when the “For Sale” sign comes down and the “Sold” sign goes up.

Now real estate agents are being offered a new tool that gives their clients a map showing recently sold houses in their areas, complete with the final sales price. You’ll have to connect with an agent who has the program, but most should welcome an inquiry because you could be their next client.

The “Recently Sold” map is being offered by the Delta Media Group as part of its automated valuation page. It lists up to 10 sold listings within a 1.5-mile radius from the user’s address. Delta’s Michael Minard thinks it could go a long way toward solving real estate’s No. 1 challenge: the lack of inventory.

“Brokerages are discovering that showing local homeowners the real final sales price -- not just the asking price -- can help motivate some owners to become sellers,” Minard says.

Sales of vacation properties are soaring, according to the National Association of Realtors. But if buyers are intending to cover their costs by renting out their holiday digs, they could be in for a rude surprise -- at least until the pandemic runs its course.

A report from Stock Apps, a financial education website, says the vacation rental market has taken an “enormous financial hit.” Worldwide, holiday rentals will be off by $35 billion this year, which is a drop of 42% from 2019, it says.

Individual owners and small property management companies aren’t the only ones taking it on the chin. Outfits like Airbnb, Booking.com and Expedia saw a 90% plunge in reservations as people stayed home, the company says. “The initial wave of COVID-19 caused massive cancellations of stays, with even the market’s biggest players witnessing colossal reservation drops,” said the report.

Meanwhile, NAR says sales of houses intended as vacation getaways totaled 109,100 in the third quarter, a 44% jump from the same period last year. In comparison, the sale of primary residences rose just 13% over the same period.

Not only were more second homes sold in the July-to-September period, they sold faster when compared to historical norms. Nearly 60% sold within one month. A year ago, only 25% sold that quickly. (The norm is about 30%, says NAR economist Gay Cororaton.)

As usual, the vast majority of holiday houses were snapped up by Americans. But because of virus-imposed travel bans, the number of foreign buyers fell from 3% to less than 1%. Of those who did buy here, 13% came from Europe and 12% from were China.

Borrowers who want to refinance their mortgages to take advantage of record-low interest rates should not fear being turned down by a lender. According to a survey by LendingTree, 86% of all refi applications are approved.

Of course, those whose houses have appreciated in value and have higher credit scores are more likely to be approved. But there are always exceptions and other factors that are considered, says Tendayi Kapfidze, the mortgage search engine’s chief economist.

In the third quarter, refinances accounted for the majority of home loans, according to Attom Data Solutions. Lenders issued 1,955,668 residential refinance mortgages during the period, up 15.7% from the second quarter and 84.5% from the same period last year.

Overall, lenders were busier than ever. “The housing market (is) still operating as if the recession brought on by the pandemic didn’t exist,” says Todd Teta, Attom’s chief product officer. “Buyers and owners, lured by low mortgage rates, kept lining up for loans at levels not seen in more than a decade.”

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