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Payroll Tax Cut - What's Not to Like

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  • Payroll Tax Cut - What's Not to Like

    as details emerge on the 'tax cut for the 99%ers' disguised as a social security shortfall . . .



    "To pay for the two-month payroll tax cut, a small fee will be levied for a decade on all mortgages sold to Fannie Mae and Freddie Mac. That also makes it harder to overhaul the housing finance system."



    Reporting from Washington—

    The new mortgage fee to fund the temporary extension of the payroll tax cut could damp the still-sluggish real estate market and complicate efforts to overhaul the nation's wounded housing finance system.

    Even though the tax cut approved Friday extends for only two months, a small fee on loan amounts will be levied for a decade on all mortgages sold to housing finance giants Fannie Mae and Freddie Mac, which control about 60% of the nation's mortgage market.

    That fee arrangement also makes it difficult for Congress to work on efforts to shut down Fannie and Freddie, which federal regulators seized three years ago with a taxpayer bailout now estimated to total about $150 billion.

    Based on prevailing rates for a 30-year fixed-rate loan, a homeowner borrowing $200,000 would pay about $4,000 more if the loan were sold to Fannie or Freddie. That would raise the mortgage payment about $11 a month for the life of the loan.

    The fee may make a new loan unaffordable for some people, but the effect probably would be modest, said banking analyst Bert Ely of Alexandria, Va. The bigger effect will be on the government's ability to overhaul the housing finance system, which most analysts said is needed.

    "This really complicates what you do with Fannie and Freddie down the road," Ely said.

    The Obama administration and some analysts have called for Fannie Mae and Freddie Mac to raise their fees to make it easier for private companies to compete with them. Because Fannie and Freddie are owned by the government, investors view the mortgage-backed securities they create as safer investments than those offered by private firms.

    This month, the mortgage bankers group joined with the National Assn. of Home Builders and the National Assn. of Realtors in urging lawmakers not to use the fee to pay for the extension package.

    Edward DeMarco, the acting director of the Federal Housing Finance Agency, which oversees Fannie Mae and Freddie Mac, also raised concerns.

    He said the government reliance on long-term revenue from the firms seemed inconsistent with the need to end the conservatorship and overhaul the housing finance system.

    The agency did not comment on the legislation, which President Obama quickly signed Friday.

    The housing finance agency will announce soon when it will implement the fee, spokeswoman Corinne Russell said. The law allows the agency to phase in the fee over two years.

    http://www.latimes.com/business/real...,6170696.story




    time for me to bid Adios . . .

  • #2
    Re: Payroll Tax Cut - What's Not to Like

    Question...When they pass a law like this, do we have time to refinance before it actually goes into effect?

    Comment


    • #3
      Re: Payroll Tax Cut - What's Not to Like

      Originally posted by tallone View Post
      Question...When they pass a law like this, do we have time to refinance before it actually goes into effect?
      This may help:

      The law allows the agency to phase in the fee over two years.

      Comment


      • #4
        Re: Payroll Tax Cut - What's Not to Like

        Thanks, Don. I read that, too, but was hoping for more clarification. I have 7 years left on a 4.5% loan, and I have been dragging my feet on a refinance, but this may push me into the dreaded paperwork. I do not want to pay any more fees!

        Hmmm. Maybe that is the reason for the fee...to get people like me to refinance. We must be all that are left.

        Comment


        • #5
          Re: Payroll Tax Cut - What's Not to Like

          Originally posted by tallone View Post
          Thanks, Don. I read that, too, but was hoping for more clarification. I have 7 years left on a 4.5% loan, and I have been dragging my feet on a refinance, but this may push me into the dreaded paperwork. I do not want to pay any more fees!

          Hmmm. Maybe that is the reason for the fee...to get people like me to refinance. We must be all that are left.
          Is it your fear that your existing mortgage will be subject to these fees? I would not think this would be the case. Rather I would assume that its a fee that would show on a new mortgage. I don't know this, just assuming . . .

          Comment


          • #6
            Re: Payroll Tax Cut - What's Not to Like

            It is also unclear just how this fee would work.

            Perhaps my understanding is wrong, but I thought Fannie/Freddie only bought mortgages that were already made.

            Does this fee get passed backwards up the chain to consumers then? i.e. their monthly payments go up? or is the fee simply deducted out of the cash payment Fannie/Freddie make to the mortgage sellers?

            Naturally this fee will get incorporated beforehand into loans given to consumers, but if this is the correct timeline then existing loans should not be affected.

            Comment


            • #7
              Re: Payroll Tax Cut - What's Not to Like

              Originally posted by tallone View Post
              Thanks, Don. I read that, too, but was hoping for more clarification. I have 7 years left on a 4.5% loan, and I have been dragging my feet on a refinance, but this may push me into the dreaded paperwork. I do not want to pay any more fees!

              Hmmm. Maybe that is the reason for the fee...to get people like me to refinance. We must be all that are left.
              It looks to me (based on a cursory glance) like it's not all exactly worked out yet. But that sometime soon fee increases will begin to kick in and they will clime to 10 base points (0.1%) over a 2 year period. It will take a minimum of two weeks for anything to hit the Federal Register - and given that it's holiday time, even longer. You have until Feb. without a doubt. Even then, we're talking less than 0.1%.

              In case you're wondering, here's the text:

              TITLE IV--MORTGAGE FEES AND PREMIUMS
              SEC. 401. GUARANTEE FEES.
              • Subpart A of part 2 of subtitle A of title XIII of the Housing and Community Development Act of 1992 is amended by adding after section 1326 (12 U.S.C. 4546) the following new section:
              `SEC. 1327. ENTERPRISE GUARANTEE FEES.
              • `(a) Definitions- For purposes of this section, the following definitions shall apply:
                • `(1) GUARANTEE FEE- The term `guarantee fee'--
                  • `(A) means a fee described in subsection (b); and
                  • `(B) includes--
                    • `(i) the guaranty fee charged by the Federal National Mortgage Association with respect to mortgage-backed securities; and
                    • `(ii) the management and guarantee fee charged by the Federal Home Loan Mortgage Corporation with respect to participation certificates.
                • `(2) AVERAGE FEES- The term `average fees' means the average contractual fee rate of single-family guaranty arrangements by an enterprise entered into during 2011, plus the recognition of any up-front cash payments over an estimated average life, expressed in terms of basis points. Such definition shall be interpreted in a manner consistent with the annual report on guarantee fees by the Federal Housing Finance Agency.
              • `(b) Increase-
                • `(1) IN GENERAL-
                  • `(A) PHASED INCREASE REQUIRED- Subject to subsection (c), the Director shall require each enterprise to charge a guarantee fee in connection with any guarantee of the timely payment of principal and interest on securities, notes, and other obligations based on or backed by mortgages on residential real properties designed principally for occupancy of from 1 to 4 families, consummated after the date of enactment of this section.
                  • `(B) AMOUNT- The amount of the increase required under this section shall be determined by the Director to appropriately reflect the risk of loss, as well the cost of capital allocated to similar assets held by other fully private regulated financial institutions, but such amount shall be not less than an average increase of 10 basis points for each origination year or book year above the average fees imposed in 2011 for such guarantees. The Director shall prohibit an enterprise from offsetting the cost of the fee to mortgage originators, borrowers, and investors by decreasing other charges, fees, or premiums, or in any other manner.
                • `(2) AUTHORITY TO LIMIT OFFER OF GUARANTEE- The Director shall prohibit an enterprise from consummating any offer for a guarantee to a lender for mortgage-backed securities, if--
                  • `(A) the guarantee is inconsistent with the requirements of this section; or
                  • `(B) the risk of loss is allowed to increase, through lowering of the underwriting standards or other means, for the primary purpose of meeting the requirements of this section.
                • `(3) DEPOSIT IN TREASURY- Amounts received from fee increases imposed under this section shall be deposited directly into the United States Treasury, and shall be available only to the extent provided in subsequent appropriations Acts. The fees charged pursuant to this section shall not be considered a reimbursement to the Federal Government for the costs or subsidy provided to an enterprise.
              • `(c) Phase-in-
                • `(1) IN GENERAL- The Director may provide for compliance with subsection (b) by allowing each enterprise to increase the guarantee fee charged by the enterprise gradually over the 2-year period beginning on the date of enactment of this section, in a manner sufficient to comply with this section. In determining a schedule for such increases, the Director shall--
                  • `(A) provide for uniform pricing among lenders;
                  • `(B) provide for adjustments in pricing based on risk levels; and
                  • `(C) take into consideration conditions in financial markets.
                • `(2) RULE OF CONSTRUCTION- Nothing in this subsection shall be interpreted to undermine the minimum increase required by subsection (b).
              • `(d) Information Collection and Annual Analysis- The Director shall require each enterprise to provide to the Director, as part of its annual report submitted to Congress--
                • `(1) a description of--
                  • `(A) changes made to up-front fees and annual fees as part of the guarantee fees negotiated with lenders;
                  • `(B) changes to the riskiness of the new borrowers compared to previous origination years or book years; and
                  • `(C) any adjustments required to improve for future origination years or book years, in order to be in complete compliance with subsection (b); and
                • `(2) an assessment of how the changes in the guarantee fees described in paragraph (1) met the requirements of subsection (b).
              • `(e) Enforcement-
                • `(1) REQUIRED ADJUSTMENTS- Based on the information from subsection (d) and any other information the Director deems necessary, the Director shall require an enterprise to make adjustments in its guarantee fee in order to be in compliance with subsection (b).
                • `(2) NONCOMPLIANCE PENALTY- An enterprise that has been found to be out of compliance with subsection (b) for any 2 consecutive years shall be precluded from providing any guarantee for a period, determined by rule of the Director, but in no case less than 1 year.
                • `(3) RULE OF CONSTRUCTION- Nothing in this subsection shall be interpreted as preventing the Director from initiating and implementing an enforcement action against an enterprise, at a time the Director deems necessary, under other existing enforcement authority.
              • `(f) Expiration- The provisions of this section shall expire on October 1, 2021.'.
              SEC. 402. FHA GUARANTEE FEES.
              • (a) Amendment- Section 203(c)(2) of the National Housing Act (12 U.S.C. 1709(c)(2)) is amended by adding at the end the following:
                • `(C)(i) In addition to the premiums under subparagraphs (A) and (B), the Secretary shall establish and collect annual premium payments for any mortgage for which the Secretary collects an annual premium payment under subparagraph (B), in an amount described in clause (ii).
                • `(ii)(I) Subject to subclause (II), with respect to a mortgage, the amount described in this clause is 10 basis points of the remaining insured principal balance (excluding the portion of the remaining balance attributable to the premium collected under subparagraph (A) and without taking into account delinquent payments or prepayments).
                • `(II) During the 2-year period beginning on the date of enactment of this subparagraph, the Secretary shall increase the number of basis points of the annual premium payment collected under this subparagraph incrementally, as determined appropriate by the Secretary, until the number of basis points of the annual premium payment collected under this subparagraph is equal to the number described in subclause (I).'.
              • (b) Prospective Repeal- Section 203(c)(2) of the National Housing Act (12 U.S.C. 1709(c)(2)) is amended by striking subparagraph (C), as added by subsection (a), effective on October 1, 2021.
              • (c) Report Required- Not later than 30 days before the date on which the Secretary of Housing and Urban Development makes a determination under subsection (b)(2), the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report that--
                • (1) explains the basis for the determination; and
                • (2) identifies the date on which the Secretary plans to make the determination.

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