My Appraisal Blog

Who's data is it anyway?
October 25th, 2007 9:43 AM
Posted by Rajan Chandras
Thursday, October 25, 2007
9:03 AM

The ongoing sub-prime mortgage crisis has already taken its toll in more ways than one, and it's now adding a new twist to the concept of data ownership. For all of us sitting back thinking it's someone else's problem, here's a real eye-opener.

American Home Mortgage Investment Corporation (AHM), among America's biggest mortgage lenders, recently filed for bankruptcy on account of its sub-prime lending exposure. This, in turn, alarmed large AHM clients like Freddie Mac and Ginnie Mae, which promptly terminated client-servicing agreements with AHM and asked it to return client files, meaning mortgage files for individual home owners serviced by AHM on their behalf, including data related to mortgage principal, interest, property taxes and insurance (PITI).

I take it that the process of "returning the files" is both literal and euphemistic. Literal, as it pertains to the paperwork, and euphemistic, since surely the data is available in AHM databases; providing copies of AHM databases would presumably satisfy the immediate requirements of Freddie Mac and Ginnie Mae clients, even as the paperwork would follow.

AHM, however, refused to return the files.

AHM's logic was simple. Realizing that the loan files are one of its few substantial remaining assets, AHM proposed to sell the loan files to the highest bidder and use the money to pay off creditors and fund restructuring. This put Freddie Mac and Ginnie Mae in a bind, along with thousands of its homeowner customers. AHM not only had the files, it also had collected PITI payments from homeowners. Without access to the files and the payment details, Freddie Mac would be unable to process insurance premiums and property taxes on behalf of homeowners, who were then put at risk of losing their properties, even in cases where the homeowners had paid their installments in a timely manner.

(There is a comedic sideshow to this sordid tale. According to the Wall Street Journal, American Home says that Ginnie Mae representatives "stood in a line in front of the doors and sat on the stairs, preventing AHM Servicing employees from entering the office," while Freddie Mac says American Home "had its security personnel escort the Freddie Mac representatives out.")

The ending to this story was good, at least in part ? AHM retreated on its position and Freddie Mac and Ginnie Mae were able to process the payments. However, this raises troubling questions about data ownership. Who owns the payment data, for example, the fact that a payment has been received but not yet processed? Would it be AHM or its clients like Freddie Mac and Ginnie Mae?or the homeowners? Regardless of what the homeowners sign away, did AHM have the right to withhold the data to the detriment of the homeowners?

Alert consumers, zealous media and active legislators notwithstanding, information ownership is a rising mountain of an issue, and we can but hope that there is no volcano hiding inside it, waiting to erupt and burn us all.


Posted by Jane Johnson on October 25th, 2007 9:43 AMPost a Comment (0)

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Daily Rate Lock Recommendation - 10/18/2007 12:09
October 18th, 2007 2:09 PM


Thursday's bond market has opened in positive territory, continuing yesterday's late momentum. The stock markets are showing losses with the Dow down 30 points and the Nasdaq down 10 points. The bond market is currently up 10/32, which will likely improve this morning's mortgage rates by .250 - .375 of a discount point over yesterday's morning rates.

Y esterday afternoon's release of the Fed Beige Book showed noticeable slowing in economic growth in most regions. This data is relied upon heavily by the Federal Reserve during FOMC meetings, therefore, the bond market rallied during afternoon trading. The reasoning behind it is that there is more likelihood of another rate cut when the Fed meets next.

The Conference Board posted September's Leading Economic Indicators (LEI) late this morning, showing a rise of 0.3%. That matched forecasts, but the release also revised last month's reading from a decline of 0.6% to a drop of 0.8%. That can be considered good news for bonds also, but has not had much of an impact on bond trading or mortgage rates today.

The Labor Department gave us last week's unemployment claims, revealing that 337,000 new claims for benefits were filed. This was much higher than expected, but since it tracks only a single week's worth of claims, it has not influenced mortgage pricing this m orning.

There is no relevant economic news scheduled for release tomorrow. Look for the stock markets to be the biggest force behind changes to mortgage rates. There is a full calendar of quarterly earnings releases scheduled today, so any surprises from big name companies could lead to sizable gains or losses in stocks. That may lead to a bond rally or weakness, and therefore, changes to mortgage pricing.

If I were considering financing/refinancing a home, I would.... Lock if my closing was taking place within 7 days... Float if my closing was taking place between 8 and 20 days... Float if my closing was taking place between 21 and 60 days... Float if my closing was taking place over 60 days from now... This is only my opinion of what I would do if I were financing a home. It is only an opinion and cannot be guaranteed to be in the best interest of all/any other borrowers.

Posted by Jane Johnson on October 18th, 2007 2:09 PMPost a Comment (0)

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