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Mortgage Demand Hits 22-Year Low as Inflation, Interest Rates Surge

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Demand for mortgages crashed to a multi-decade low last week as prospective homebuyers are contending with surging inflation and rising interest rates, the New York Post reported. The volume of mortgage loan applications sank 6.3% for the week ending on July 15 compared to one week earlier, according to the Mortgage Bankers Association (MBA). The index measuring activity dropped to its lowest level since 2000. Refinance applications also declined by 4% compared to the previous week and have fallen by 80% compared to the same week one year ago, the survey found. The MBA’s purchase index, which measures the volume of applications for mortgages to buy homes, fell 7% week-over-week and 19% year-over-year. The downtick in mortgage demand coincided with a surge in interest rates, which have nearly doubled since January as the Federal Reserve hikes its benchmark rate to combat inflation. While the Fed rate does not directly impact mortgages, all forms of borrowing are becoming more expensive on the expectation of tightened economic policy. The average contract interest rate on 30-year fixed-rate mortgages with conforming loan balances jumped to 5.82% last week, up from 5.74% the previous week. The same mortgage had a 3.11% rate during the same week one year earlier.
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U.S. Existing Home Sales Slide Again; Prices Hit Fresh Record High

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U.S. existing home sales fell for a fifth straight month in June to the lowest level in two years, as fast-rising interest rates and record-high selling prices are making buying a home too expensive for a growing share of American households, Reuters reported. Mortgage interest rates have soared as a result of the Federal Reserve's stiff rate hikes to try to tame high inflation. That has driven a new buyer's monthly payment up by more than 50% in the first six months of 2022 by some estimates and has had a clear effect on home sales, which had surged during the COVID-19 pandemic to the highest levels since the mid-2000s. In June, sales of previously owned homes fell 5.4% to a seasonally adjusted annual rate of 5.12 million units, the lowest level since June 2020, when sales were rebounding from the COVID-19 lockdown slump, the National Association of Realtors said. Sales have now fallen each month since January. Economists had forecast that sales would decrease to a rate of 5.38 million units. Sales were unchanged in the Northeast and fell in the Midwest, the West and South. Home resales, which account for nearly 90% of the residential real estate market, dropped 14.2% on a year-on-year basis. The decline brought June's sales rate to below the pace that prevailed in 2019 before the pandemic.
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U.S. Housing Market Could Be Headed for ‘Meltdown,’ Economist Warns

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The U.S. housing market could be on the verge of a “meltdown,” an economist warned following the release of data showing a collapse in homebuilder confidence in July, the New York Post reported. Homebuilder confidence plummeted 12 points to 55 in July, according to data from the National Association of Home Builders/Wells Fargo Housing Market Index. Sentiment has declined for seven straight months and is now at its lowest level since May 2020 — with more trouble potentially ahead for homeowners. “Homebuilders have been in denial about the extent of the drop in demand, despite mortgage applications falling by more than a quarter over the first half of the year, with no end in sight to the decline,” said Ian Shepherdson, chief economist at Pantheon Macroeconomics. “Now, they are acknowledging reality.” The National Association of Home Builders noted confidence within the housing market has sagged due to the impact of high inflation and rising interest rates that have resulted in “dramatically slowing sales and buyer traffic.” The mortgage rates have compounded difficulties from would-be buyers who have to balance long-term loan commitments against exorbitantly high home prices that surged during the COVID-19 pandemic.

SEC Probes Better.com After Lawsuit Alleges Company Misled Investors

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The Securities and Exchange Commission is examining whether Better.com violated federal securities laws, the online mortgage lender disclosed yesterday, the Wall Street Journal reported. Federal securities regulators have requested documents from Better.com and its blank check company Aurora Acquisition Corp. about their business activities, the companies said in filings with the SEC. They also are seeking information about the business activities of Better.com Chief Executive Vishal Garg and allegations made by former executive Sarah Pierce. Pierce alleged in a lawsuit last month that the company misled investors in financial filings and other representations it made as it attempted to go public. Ms. Pierce was Better.com’s former executive vice president for sales and operations. Better.com said at the time that Ms. Pierce’s claims were without merit and it would vigorously defend the lawsuit. In its filing Thursday, the company said it was cooperating with the SEC. Better.com said in a statement that it voluntarily provided all materials requested and that it was “happy to set a high bar for transparency and responsiveness.” Better.com was a winner amid the boom in housing prices and mortgage refinancing that accompanied the pandemic and low interest rates. The company grew revenue nearly 10-fold to $876 million in 2020 from the year prior, posted a profit of $172 million and hired thousands as it rushed to keep up with the market, company filings said. It raised $500 million from SoftBank Group Corp. last year and weeks later said it planned to go public at a valuation of $7 billion. Better.com since has been rocked by the rise in interest rates and resulting sharp pullback in refinancings, as well as a controversy when Mr. Garg laid off 900 workers via a Zoom call in December. He took a brief leave after the call sparked an uproar. The company shed about 7,500 jobs, or 72% of its total workforce, between the end of last year and May, according to the company’s filing Thursday. At its peak, it had 10,400 employees at the end of 2021. In May of this year it had about 2,900 employees.

In Divided Opinion, Fifth Circuit Confirms Secured Lenders May Not Reform Security Instruments Post-Petition

If a mortgage is ambiguous or contains a mistake, a lender may generally reform the mortgage under state law. [1] But what if a borrower files a bankruptcy petition before a lender does so? In a divided opinion, the U.S. Court of Appeals for the Fifth Circuit confirmed that a lender may not reform a mortgage post-petition. [2] The dissent, however, offers lenders a potential pathway around this prohibition in future cases.

U.S. Appeals Court Expands Bankruptcy Shield Against Home Foreclosure

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A federal appeals court ruled that lenders can’t foreclose on homes when people named in the foreclosure proceedings file for personal bankruptcy, even when they don’t directly own the property at issue, WSJ Pro Bankruptcy reported. The U.S. Second Circuit Court of Appeals said Wednesday that lender Bayview Loan Servicing LLC improperly foreclosed on the primary residence of Eileen Fogarty shortly after she filed for bankruptcy protection in 2018. Ms. Fogarty’s bankruptcy filing triggered an automatic stay on collection efforts by her creditors. Bayview violated the stay when it sold her home at a foreclosure auction days later, the three-judge panel ruled Wednesday, while remanding her case to bankruptcy court to determine sanctions against the lender. Ms. Fogarty had lived in the house in Shirley, N.Y., owned by 72 Grandview LLC, a limited liability company in which she held a 99% interest. The company in 2010 stopped making payments on a mortgage loan backed by the property, and the lender moved to foreclose the following year, naming both the company and Ms. Fogarty as defendants in the foreclosure lawsuit. After Ms. Fogarty filed for bankruptcy, Bayview took the position that it could proceed because the property’s owner was the LLC, which wasn’t in bankruptcy. The U.S. Bankruptcy Court in Central Islip, N.Y., sided with the lender and rejected Ms. Fogarty’s request for sanctions as punishment for selling the home despite her personal filing. A federal district judge reversed, ruling in her favor. Bayview then appealed to the Second Circuit. “[W]e conclude that Bayview willfully violated the automatic stay when it completed the sale while knowing that Fogarty, a named party in the foreclosure action, had filed a bankruptcy petition,” the appeals court said, noting an “error of law” at the bankruptcy-court level.

Texas Mortgage Company’s Mass Layoff Wasn’t Its First, Former Employees Claim

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Former employees of First Guaranty Mortgage Corp. are suing the Plano, Texas-based company after it laid off 75% of its staff on June 24 and filed for bankruptcy, and they claim the company also previously terminated hundreds of employees without notice earlier this year, the Dallas Morning News reported. The former employees — Lori Buckley, Gayle Zech, Roberta Martinez, Jennifer Jackson and James Davies — filed a class-action lawsuit against the company June 30 in the U.S. Bankruptcy Court for the District of Delaware. Some of those employees and several others filed separate, similar class-action suits in U.S. District Courts on June 29. The former employees claim the lender didn’t give them the 60-day layoff notice required under the federal Worker Adjustment and Retraining Notification Act, and they are asking for the 60 days of back pay and benefits required when not giving the notice. First Guaranty “could’ve and should’ve done something more professional. They didn’t,” said Jack Raisner, founding partner of Raisner Roupinian LLP, which is representing the former employees in the bankruptcy case. “For whomever this happens to, it is a life-changing experience. Losing a job like this can be catastrophic.” The June 30 complaint alleges that First Guaranty previously laid off about 300 employees on April 27 without cause and did not file a WARN notice with the state. One of those employees, Davies, was rehired June 7 and terminated again in the mass layoff later in the month, the complaint said. The company began its bankruptcy court hearing on Friday, which allowed the company to borrow funds to continue operations while in bankruptcy, Raisner said. It is not yet known whether the company plans to sell or reorganize in some other way.