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Dick Moore’s Industry and Finance Perspective

November 16th, 2011 joe 2 comments

 

Dick Moore's Industry and Finance Perspective
 
Well, it seems that I struck a nerve with our friend up East. He mostly disappeared for a couple of years, quit writing his newsletter, and went dormant. I figured maybe his conscience was bothering him, after the spin he put on our industry.
 
Now I see a new post from our buddy in “Industry Voices,” the guest platform on Tony Kovach’s e-zine MHMSM NewsLine (MHMSM.com = MHProNews.com), wherein he goes on and on about me in a general mis-representation of my writings. I certainly never opinioned that he had powers akin to Superman. He did, however, invent some mystical losses derived by using losses from Brigadier, Conseco, and other lenders who did not know or understand how to buy MH paper. He then reported those loss figures to Fannie Mae & Freddie Mac, keeping them out of the (Manufactured Housing) markets.
 
This lack of competition had a negative impact on the other lenders that were still major players in our industry.
 
He admitted to me in Louisville one year that he was an “attorney” and was being “paid” by Fannie to advise them. He later denied all that, but everyone knows the credibility of lawyers and politicians. After all, who else gets “paid to have an opinion”?
 
My ex-neighbor was a college professor who taught business
administration at Memphis State University. After listening to his
many goofy ideas and theories, I realized the source of the old adage “If you can’t do it, teach it.” If you were a failure in the finance business, then go out and advise others how to do it!
 
The Mortgage Industry produced paper much worse than the MH
industry ever dreamed of, and that was the paper that our friend
advised Fannie to buy (instead of MH paper). Fannie’s losses are the worst losses the United States has ever endured, and it continues still. (How good was that advice?)
 
It is easy to measure or analyze a situation the way you
want it to look – just choose the measuring criteria needed
to give you the end result you want and ignore any thing
that doesn’t.
 
The MH Industry (its survivors) remains the only low-cost housing that is un-subsidized. Just because less qualified people enter the business and lose money from their poor business decisions does not equate to a ‘subsidy.’ Maybe our friend does not know or understand what a subsidy is. He sounds like Obama explaining the debt ceiling and how someone else created it.
 
I’m sure there will be another argumentative letter, but I have work to do and do not have the time to continue with fruitless exercises in writing.
 
********
 
This industry and its recourse lenders fared well and made good money from the 50’s to the 90’s, with no taxpayer subsidies.
 
This industry faces a number of problems, with the main one being lack of financing. The lenders and the learned professors of the industry like to blame the dealer for all the woes. True, we have had some bad apples in our business, just like every other industry. But the level of damage from that kind of dealer falls way short of the debacle we as an industry are paying for now.
 
One major issue our industry faces concerns resale values of our houses, which directly affects the lender’s recovery on defaulted loans. We as dealers have very little influence in that arena.
 
Many MH Communities will not accept houses over 10 years old; lenders will not finance homes over 10 years old. Somehow, when the house hits its 10th birthday, it suddenly is worth ZERO!?!?! And this is the dealer’s fault?!?!
 
When free enterprise existed in this country and banks lent money to their dealers with recourse, our industry performed well! Lenders were selective about who they would take on (based on the dealer’s financial condition and track record in the community), the dealers would take care of their funding pipeline by not sending them dead-beats (since the
dealer would have to repurchase if the loan fell out), and the dealers were paid endorsement fees for this guaranty. The dealers worked to re-sell the bank’s repos with good unpaid balances, and the paper overall performed quite well. It was that performance that led to the influx of the non-recourse lenders that we saw in the 90’s.
 
Long-gone lenders such as Bombardier, Conseco, Greenpoint Credit, BAHS, et al, saw the performance of recourse lenders’ portfolios, due to good resale values on houses sold under recourse agreements, and made the mental jump to they can do that too! Soon tactics such as withholding of proceeds and diverting rate spread and the odd-days’ interest into non-interest bearing reserve accounts became the norm from the lenders, at the expense of their MH dealer network.
 
In their headlong rush for gold, they also opened the funding gates to credit buyers who (like in today’s meltdown) had NO reason in their track records to get approved for loans at low rates and low down payments.
 
So, they kept the endorsement fees, put that rate spread into a reserve account for repossessions, and bought non-recourse.
 
Their inability to manage the repos, refurb and re-sell them (as the recourse lender/dealer relationships had done) created massive losses for them. Again, I fail to understand how this is the dealer’s fault.
 
********
 
President Obama is railing against corporate jets, while flying around on the most expensive jet in the world. The tax deductions on all the corporate jets in the US would not pay for Air Force One. Is this leading by example or “Do as I say, not as I do?”
 
Good leaders lead by example. They don’t accept favors from lobbyists and major contributors to their re-election campaigns, and they don’t spend the taxpayers’ money recklessly.
 
The crash of the housing/mortgage industry was caused by Fannie Mae and Freddie Mac, which is govt. money invested into private enterprise, wherein all the profits go to the cronies of powerful govt. people, but the risks and losses go to the taxpayers. # #
 
post submitted by
R. C. “Dick” Moore

The Emperor has no Clothes

August 21st, 2011 Soheyla Kovach 13 comments

There is a lot to say about what has gone wrong with our country and our Industry.  We will begin ‘at the top,’ with our Chief Executive, President Barack Obama.

What’s up with Obama’s recent bus tour?

I’m no fan of the prior president, but say what you will about President W, when he took a similar bus trip to President Obama’s, W used campaign dollars to pay for it.  Where is the “watchdog” media? Why no hue and cry when the administration buys millions of dollars of Canadian buses so President BO can tour in style on the taxpayer’s dime?

What’s up with all that?

Isn’t it ironic that BO tours campaign style after lecturing millionaires and billionaires about private jets and corporate perks?  Or is that rhetoric just a way of getting the votes of middle America and ‘the little people?’

Do you like ‘divide and conquer politics?  To me, it is plain wrong.  Talk about issues, talk records or about facts.  But don’t pit one group against another.

I need to be clear that W vacationed considerably more than BO.  But W went to his ranch or Camp David, etc.  But to add irony to injury, on the heels of all this bad economic news, BO is in Martha’s Vineyard – the haven of the elite – now?

Even left wing commentators see this vacation in the New England playground of the rich and famous as a problem.

  • Experts and government statistics suggest we have 17% unemployed and under-employed.
  • We have more people on food-stamps and welfare than at any time in U.S. history.
  • And BO will give us his ‘next’ jobs program in September, after his resort vacation?
  • Where are all those shovel ready and other jobs from the ‘first’ one?  Or were all the jobs ‘created’ at the job killing CFPB?

They say the emperor has no clothes.  Well, we have no emperor, but a president and his wardrobe looks just fine.

Ascendancy and Dependency

It is the party of dependency that is still in ascendency.

Or at least still in high office…

…dependency is a major voting block today.

Be it government labor unions, federal jobs or those on government assistance, it is an issue.  We have to put people to work, not get them used to no work. We do need federal and other government jobs.  But we can’t give everyone a job regulating someone who is working to produce a product or a service that keeps America’s wheels turning.

If we do not change our ways federally and locally, we will look like rioting old England some day, because we can’t afford to keep adding to our debt and taking on more programs that fail to foster independence.

While we have plenty of dependency programs, meanwhile, we have

  • flash mobs that form, rob, harass and harm others in our cities.
  • We have automatic weapons fire along our southern border.
  • We have three wars we are involved in instead of the previous two.

I didn’t favor W taking us into Iraq, nor do I favor BO taking us into Libya.  Even if we ‘win,’ what have we won in either case?  We spill American blood and treasure, for what?  We can’t be the world’s cop, and we can’t have wars for the sake of foreign oil, etc.

Let’s drill and do energy on U.S. soil and off U.S. shores, as safely and prudently as possible.  Think about the major jobs creation potential.

Private enterprise can pay for it all without federal dollars.  Let business people do business in America again.

Another Recession, whats up with that?

The media speaks of double dip recession.  What’s up with that phrase?

Did anyone notice that the ‘great recession’ never ended?  Did you notice that the housing markets still suffer, and Keynesian/Euro socialist economics just added trillions to our debt without giving us a stronger economy?

No jobs.  No stimulated business.  Tougher lending.  Very little respect overseas.  Where is the change we can believe in?  Or was that supposed to mean the pocket change we have left after taxes?

Third part candidate George Wallace once said there wasn’t a dime’s worth of difference between the two major parties. Thus Wallace favored what some have for years, a third party to bring America back. But Ronald Reagan had it closer, we don’t need a third party, but a rejuvenated second party.

That means we don’t need Rino Republicans, Republicans In Name Only.  To me, W was a Rino, socially conservative, but nearly as much a man about big government as BO is.  W helped give us that darn bail out of the bankers.  W took us into two wars with no end in sight.  W’s dad may not have “finished the job” in the first Gulf War, but he had the smarts to get in and get out.

We need business friendly independents, Democrats and Republicans.

Businesses create jobs.  Jobs are what American’s need, and then they can start buying houses again!

Speaking of jobs, how about creating 20 million new ones?

I’ve read the same reports you have; that there are two trillion dollars of investment money on the sidelines – actually overseas – that could be brought back to the U.S. In short order.

But that 2 trillion fled America due to regulations and tax policies.  Do we have the political will to bring those trillions back?

Think about what Two Trillion Dollars we don’t have to borrow, or write down, would mean to our country right now.  If every $100,000 invested created only 1 American job, that would mean 20,000,000 jobs.

Think: 20 million people off aid, off food stamps, off unemployment or other government programs.  2o million more taxpayers.  Think 20 million people less dependent, means we would be that much closer to a balanced budget!

We better find and support candidates in whatever party who know how the free enterprise system works, because creating jobs by supporting business is what we should be about.

Free Enterprise, not Keynesian/Euro socialist economics, is what made America the land of the free and the home of the brave.

November 2012 is shaping up now.  Who we support now for our state houses, or for Congress, the Senate and the White House will be on the ballot 15 months from now.

Personally, I’ve contacted my senators and representative and made my feelings known on economic and social issues.  But I will also make them known on the path to election 2012.

Give the man his props

One thing that our recently bus touring and now vacationing BO has done is give us an executive order we can believe in.  With all due respect to Marty Lavin, Danny Ghorbani was the first to bring it to our Industry’s attention.  We speak of Executive Order (EO) #13563, similar to President Clinton’s issued in 1993.

MHMSM.com posted EO #13563 months ago, that requires an examination of regulatory impact and its benefits.

MHARR is right.  HUD’s budget has grown, while our industry shipments have shrunk.  What’s up with that fact?

What the president – at least on paper -  has done is give us EO#13563 which could hold HUD and other regulators accountable.  Now will our national associations use that to our Industry’s benefit?

The Fall Congressional hearing on Manufactured Housing

Ooops.

Who do we have in DC “helping us” in the planned fall Congressional hearings on our Industry?  Congressman Barney Frank.  What’s up with that?

Let’s see.  Barney helped give us the SAFE Act.  Barney also gave us part of the name of the bill that in his: Dodd-Frank.

So do you feel safer or dodd-franked?

With friends like Barney, does our industry need any federal enemies?

Who is watching how our industry PAC money is spent?  Is this the type of anti-business candidate we need to support?

Where is that change we can believe in?  Or did I drop that change the last time I filed my quarterlies?

One of the best meeting planners around, but…

I asked Tony Kovach why George Allen’s Roundtable was not on the MHMSM.com calendar.  “George isn’t an association, and he opted not to pay for an ad.”

Maybe there is considerable momentum from last year’s event that MHMSM.com did promote.  I noticed that Allen is reporting more state association executives coming to the Roundtable this year.  State execs are often ‘comped’ for coming to an event.  George is one of the best self-promoters the Industry has seen in the past 2 decades.  I’d want state execs helping me promote an event of mine too.  Nothing wrong with it, a common practice.

In the manufactured home communities world, Allen’s Roundtables are unmatched.  Allen gets some fine speakers and topics in.  They are informative and enjoyable.

However, I can’t always agree with George Allen’s commentary, live or in his columns here or in his own publications.  Let’s parse some of his recent ones for a few moments.

I understand and agree with George that MHI doesn’t seem to have a plan for our Industry’s recovery.  What’s up with that fact?  I can see why the natives are restless in the NCC, even with Lisa B getting appointed.

George is spot on that MHI is failing to do half of what an association is called to do – protect and promote.

  • Where is the Industry promotion?
  • How has MHI worked to reverse the Industry’s downward new home shipment trend?  Marty was spot on regarding that topic, in his recent column.

But George’s bashing of Danny and MHARR misses the mark.  Why?

Because MHARR is an association for independent Manufacturers. MHARR don’t get paid to represent communities or lenders or suppliers.  MHARR doesn’t represent retailers,  which if you ask retailers like Doug Gorman or Dick Moore, MHI doesn’t seem to do such a hot job for them either.

George, the point is that MHARR can’t be faulted for focusing on what its members pay MHARR to do, namely, work on regulatory issues.  So George, if you want to fault Danny, fault him for something that group is paid to do.  At least MHARR has stated publicly they support the ‘post production’ sector (MHARR code words for MHI) in their efforts to modify Dodd-Frank, SAFE, etc.  I’ve not seen any similar effort from MHI back towards MHARR.  If it exists, it is behind the scenes.

I also agree with Marty Lavin that we better watch more what people say than what people do.  We better watch results, because words alone can be cheap.

Or words can costly, depending on how you look at it.

Industry Marketing and Image Campaign

Speaking of MHI and the Industry image campaign…

…I’ve seen the plan Tony, IMHA’s Mark Bowersox and others have put together.  In a word, brilliant.

In my mind, they need to consider a different name, but for now they are calling it the Manufactured Housing Alliance and Phoenix Plan.  Their plan navigates the key political issues that our industry has faced that has kept us from moving ahead.

We keep reading from MHI the statistics about our dropping new home shipments.   This gets back to the dual role that an association is supposed to have, protect and promote.

Where is MHI on this MH Alliance/Phoenix Plan effort to turn around our image, marketing and sales results?

Silent.

By contrast. I see John Bostick’s name on the page in favor of the MH Alliance/Phoenix Plan.  That makes me want to order some Sunshine Homes and get others to do the same!

Good for MHARR’s Chairman, who did not endorse it on MHARR’s behalf, but Mr. Bostick has obviously taken the time and had the guts to publicly say, hey, this can work.

Which leads to the questions:

> Where are the MHARR members or Danny on this plan?

> Where is MHI on this plan?

Marty Lavin on Danny Ghorbani

I’m the first to agree with Marty that Danny needs to polish up those lobbying skills.  In fact, let me take Marty’s points a step farther.  As I personally see it, and others may disagree, Danny has three options:

  1. change your ways, permanently and rapidly, to become more effective at what you do for MHARR,
  2. retire and consult for MHARR as needed;
  3. or just retire.

Danny, retire? What would happen to MHARR without Danny?  What’s up with that idea?  Can you even say MHARR without saying Danny G’s name?

Yes, you can.

Attorney and MHARR VP Mark Weiss is a good man.  Mark knows the law, can be reasoned with and Danny has prepared him to take the helm at MHARR, when the time comes that Danny decides to retire or when MHARR members make that decision.

For example, MHARR could bring in a new associate, give Danny a nice gold watch, and a one year transitional consulting agreement.  The independent factories that support MHARR can save money.  As or more important, they likely can get more done and advance their cause in DC with HUD, Congress and other regulators.

The timing is right for a change at MHARR.  Danny, don’t take it the wrong way, you are a smart guy and know the HUD Code as well as anyone in the manufacturing side of the Industry.  But in my personal opinion, it is time to change your ways for the better or you better retire.

The best suits and fine meetings

Danny has some of the best suits in DC that our Industry can brag about.  Danny and MHARR are spot on with some key issues.  But you can be right, and still do things in a way that turns people off.

But give the man his props, Danny is right about MHI meeting,

after meeting,

after meeting and

…where is the MHI plan?

But then, Danny – if you stay – you and MHARR should then walk the walk and have an action plan of your own. Not a some day, or five year plan, a let’s get it done now plan.

Perhaps John Bostick’s public move supporting the MH Alliance/Phoenix Plan will inspire others of stature to make their own public statements or just help launch the program.

But at some point, we need to get past meetings, and get to doing.  46,000 shipments.  We are now down about 88% from our post HUD-Code high in 1998.  How much lower can we go and still have an Industry?

  • We can’t fill empty home sites with only used product.
  • We need new homes bought from factories and sold to consumers.
  • We need retailers and community operators who attract customers with good credit, and then close them and turn them into happy homeowners who will tell their friends and once again let our Industry grow.

The Numbers on MAP

I like abbreviations. Let’s call this plan of Mark’s and Tony’s MAP for short, because this MH Alliance Phoenix can be our road MAP to the future. Maybe we can get Tony and Mark to come up with a better name.  But in the mean time, MAP it is for me.

I asked Tony to give me a projection on what he thinks MAP can do.  His answer?  First year from the launch date could double shipments without a need for hurricane season (no need for FEMA orders).

The next year could double it again.  That would be roughly 92,000 shipments in year 1. Then 184,000 shipments in year two.

Take a look at the MAP if you haven’t already.  If you have a better plan, why not share it?  But if not, get behind the plan that is out there being discussed.

I’m told that MAP can be up and running in short order.  We can do MAP, with no waiting for federal or state action!

Doing the Math, my Math not Ts

Tony has his math, I have mine.

Let’s say MAP was launched, and then MAP raised shipments back to 75,000 the first year.  Let’s further say, 1/2 of the increase went into communities.

  • That would mean 14,500 spaces filled.  At say $275 average a month per site, that would mean $47,850,000 more to MHCs a year.  Plus the profits off the home sales.
  • 29,000 additional new shipments would mean 29,000 new jobs.
  • It would mean security for those whose jobs or businesses are at risk due to declining shipments.How many MH plants would stay open?
  • At even a low $50,000 average per home, that 1.45 billion in new sales.  Think about the boost in revenue to retailers and developers.

Would you give $75 per location to boost sales $1.45 Billion and create about $48 million in new communities revenues?

If not, please go back to 5th grade math.  To me, this spells a good deal.

Let me stress, these are my numbers, not T’s or Mark’s.  But it tells me why they and others are working to see this plan happen.

Chattel Lenders

I’m not without experience in dealing with personal property lending.  While he wasn’t talking about just lending, I agree with Chad Carr’s recently published statement about MAP.  The MH Alliance/Phoenix Plan is the only plan I’ve seen that gets to the heart of fixing chattel lending for our Industry.  MAP provides solutions for image, lobbying and other practical issues too. It dares to be bold, without trying to step on any industry group’s toes.

If your chattel lender has not yet seen this, she or he better do so!  This can help us cut our repos losses dramatically.

It will help our customers – manufactured home owners – dramatically too.  That will in turn attract more customers, and more credit worthy ones.

Manufactured housing lenders need to see our losses cut.  Because that panel of lenders at the MHI Congress last April were correct.  A repo can cost 50% (or more) of the loan balance.   There are so many dark clouds that hang over personal property lending for manufactured housing right now, we have to have solutions if our Industry will ever advance.

In fact, our survival depends on it.

I asked Tony specifically about people who have and have not seen MAP.  T won’t comment about those who haven’t shared a public statement. I can respect that, but it does leave us guessing.

So someone needs to ask Marty Lavin or Dick Ernst where they are on this.  Have they seen it?  What is there take?  It is obvious that Ken Rishel has come out for it, big time, in his own newsletter and on MHMSM.com too.

Come to think of it, where is George Allen’s name on this subject?  Didn’t he say a few months ago, we needed an image campaign?  What’s up with that?

We could go through a list of industry leaders and say, what about you?  Where are you on this MAP subject?

If you are for it, why not say so publicly? If you oppose it, why and then propose your own alternative!  Mark, Tony and those working on this want to see consensus. I appreciate that, but I’d add that we can’t afford to debate stuff forever.  We need to move ahead, and pronto.

If we do not start advancing, more factories, more retailers and more communities will fail.  It is simply 5th grade math.

State and Communities Association leaders

Given that a pair of state association leaders have already publicly stated support for the MH Alliance and Phoenix plan, it is reasonable to think others have seen it too.  We need to watch and encourage this plan at the state level.

Because let’s be honest, the states are where it is at.  All politics are local, and your business happens at the state and local level.

Last year, we saw some state execs who took a leadership role to get things happening at the federal level.  We need to see that again, and we need to see that on MAP or their best alternative to it.

A pimple on an elephant’s bottom

We’ve heard this expression at meetings and coffee tables.  I admit it sadly fits the influence our Industry has politically in DC today.  We need to be working tea parties to get the party of jobs, business and growth moving ahead. We need to hold the feet of those who say they will change DC for the better to the fire, and get the gold of jobs and rising housing back to work building the U.S.A.

We have lost our nation’s AAA credit rating.  Debt piles up, what do we have to show for it?  Where are the jobs?  The lending?  The recovery?  What did we bail out anyway?  Who benefited from all that taxpayer funded largess?

We saw some amazing upsets at the midterms, and I think we can see more if we plan now for the best candidates and then mobilize for the general elections.

It is frankly another good reason to learn and get behind the MAP.  We will increase our influence at the state house and in Washington when our consumers are visibly supporting us in sizable numbers.

Let’s work and earn the support of our communities’ residents and home owners/customers!  Then we should make sure we continue to deserve it.  Without happy customers, we are as doomed as if HUD bureaucrats or others would just shut us down.

TANSTAFL

If I boiled this down, it would be this.  We can’t have something for nothing.  TANSTAFL = There is no such thing as a free lunch. Someone always pays.

We better work for truly positive change, or we will be left with pocket change.

We better look at and support a plan that can move us ahead.  I vote for the MH Alliance/Phoenix Plan.  Or we will suffer the fate of the buggy whip makers.

I shop at WalMart no more than I have to, because I believe in supporting the smaller and more independent business women and men out there.  They are more like me.  They want to serve me, and I in turn want to support them.

We better support the HUD Code builders, and they in turn, better support us too.

Talking and Doing.

Before we look at any other emperor who also lacks clothes, let’s close for now. Talk is fine, but let’s follow talk with do.

I want to thank those of you who have written.  Please do not think me rude, but for now…

…I hope you understand that some things need to be said that have gone unsaid too long.

More next time.##

post submitted by
Michael Barnabas

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A stunning tip by and about a manufactured housing industry chattel lender

August 21st, 2011 Soheyla Kovach No comments

It sounds like Triad Financial Services is making its biggest single-day rate cut in that company’s 50-year history. A reduction of .75% for all categories of loan products for MH’s in parks to take effect immediately, according to a TFS insider. Rate sheets will be out soon reflecting this new change.

This news came out barely two weeks after our industry’s other lender, CU Factory Built, rolled out its new “step-up” loan with very low rates starting at 4.5%.

This is a typical reaction among our MH chattel lenders who are competing for top-tier borrowers (which means borrowers with 700+ credit scores). Without having seen rate sheets, it cannot yet be confirmed if this rate reduction from Triad will affect all tiers of their loan products. However, the source for this story did indicate that the .75% reduction will be “across the board”.

We now have very attractive rates to offer to manufactured home buyers moving into parks. Four years ago, the “floor rate” with our biggest lender was at 10.5%. We can now potentially offer rates less than half what they used to be.

After years of sour news, this is something that should be told to all buyers of manufactured homes in parks. Check back frequently for the latest in this “rate war”.

####

Submitted by
Dave Shanklin
NMLS # 314463

 

Why I Belong

March 9th, 2011 Industry Voices No comments

As far back as 1830, the French statesman and author Alexis de Tocqueville observed in Democracy in America that … Americans of all ages, all stations of life, and all dispositions are forever forming associations.  There are not only commercial and industrial associations in which all take part, but others of a thousand different types ­religious, moral, serious, futile, very general and very limited, immensely large and very minute. And you know, he was right then and remains so today.  How many folks don’t belong to one or more social, religious or business groups?  Very very few.  But the issue here is, how many of you are not maximizing the profitability of your business because you don’t belong to a state, provincial or national manufactured housing trade association or institute?

 

The has identified 22 features that attract businessmen and women to join various assemblies of like-minded individuals and firms.  And the nearly two dozen features have been grouped into four areas of emphasis: activities, information, publications, and benefits. The following paragraphs take a closer look at ten of these feature areas (i.e. reasons) that are particularly germane to manufactured housing industry aficionados.

 

1.      To support and advance a personal, business and other common and important interest to the individual or business involved.  For example, manufactured housing, finance, real estate investment or management, OEM suppliers (i.e. original equipment manufacturers), and on and on.  The purpose to all this?  To capitalize on the very real concept that there is greater strength in numbers of like-minded folk than always going it alone.

2.      To meet, network and share ideas, frustrations and lessons learned, with peers who have similar personal and professional interests.  A good example of this is the periodic meetings we attend on local (i.e. chapter), state (i.e. convention or annual meeting) and national levels to do just that.

3.      To acquire information and access resources key to one’s business survival, even prosperity.  Venues for these opportunities?  Regularly scheduled meetings, trade and professional publications subscription, trade show attendance, even recreational activities like golf outings.  Furthermore, unique and helpful resources are oft available from association staff contacts and their experience, familiarity with research results, etc.

4.      To develop new business through and with people met at association events and activities.  When I started my manufactured housing-related business two decades ago, visiting local manufactured housing association chapter meetings was essential in developing contacts and future business relationships throughout the locale in which I was working.  And now, twenty years later, the pattern repeats itself on a national and international level relative to the very same reasons.

5.      To increase and update one’s skills and knowledge base.  How?  By attending association-sponsored seminars, training programs and other related activities.  Frankly, there are no other opportunities to obtain the specialized knowledge we often need in manufactured housing than to be intimately involved with our state, provincial and national trade associations and institutes.

6.      To keep abreast with changes to industry rules, regulations, statutes and standards.  For that matter, association involvement is oft the only way one has to input the process to begin with, to express one’s support of or displeasure with pending legislation, rules changes, etc.  For that matter, sharing a practical Code of Business Ethics with one’s peers is an important feature of this particular reason for joining.

7.      To learn of and access latest worthwhile business products and services.  Vendors often contact trade associations first to ‘test the waters’ relative to market (i.e.  association member) acceptance.  This is an especially common phenomenon at our regional MH trade shows.

8.      To interface with professional association staff for answers to strategic business questions -and learn where to go for further information.  This could well include access to the association’s attorney for legal opinion and initial guidance in sensitive business matters.

9.       To increase clout in local, regional and national political and regulatory arenas.  Politics is obviously a fact of business as well as personal life.  Why not enhance your opinions in this arena by uniting with trade associations that share your concerns?

10.  To take advantage of group purchasing and/or member discounts for certain products and services.  There’s a very wide range of possibilities here: printing, advertising, travel discounts, group health and liability insurance, banking services, long distance telephone services, association -sponsored retirement plans, etc.

Convinced yet to join?  I surely hope so.  Here’s what Teddy Roosevelt had to say on the subject: ‘Every man owes a part of his time and money to the business or industry in which he is engaged.  No man has a moral right to withhold his support from an organization that is striving to improve conditions within his sphere.’  So won’t you join me?  As a matter of principle, I maintain trade association memberships in every state or province in which I have ongoing business interests, plus the national association that lobbies in my behalf at that level.

The SAFE Act…and other attempts by Washington to help “The People”

February 9th, 2011 Industry Voices No comments

“The nine most terrifying words in the English language are: ‘I’m from the government and I’m here to help.’” That observation was made famous by President Ronald Reagan, even if not originated by him. The recent passage of the SAFE Act and the subsequent developments at the state levels in reaction to it certainly brings to mind that quotation. Congress passed the SAFE Act as a reaction to the bursting of the housing bubble, which had been expanding for more than a decade. The SAFE Act has specific language that requires parties to comply with new licensing requirements if a particular party in the transaction performs two separate functions and uses the word “and” to connect the functions.

When a national organization developed “model” language to assist states in developing their laws in compliance with the SAFE Act, the word “and” was replaced with the word “or.” While the SAFE Act’s language permits individual states to adopt language that exceeds the mandates within the act, the net impact of the creation of the “model language” was that many states took the path of least resistance and used the suggested language from the “model.” The adoption of the “model language” by a significant number of states has raised the bar for compliance with the SAFE Act in those affected states. This extreme application using the model language raises the cost of doing business in the affected states and does not reflect the intent of Congress when the act was passed.

A partial list of the consequences of the SAFE Act:

  • Exit of lenders at the state level rather than go through the ratcheted-up licensing level
  • Increased costs for those lenders who did not exit
  • Increased costs for lenders with a national presence, for they have to comply with multiple states’ licensing requirements
  • Exit of lenders that had a multi-state presence, but could not handle the attendant compliance

The net result to the consumer is fewer lenders to compete for his/her business. Those lenders that are available have to charge higher interest rates to cover the increased costs that occurred from compliance activities.

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Douglas Gorman, Home-Mart, Inc.
doug@homemart.us

President Obama’s Regulatory Executive Order Puts HUD Regulators on the Spot

January 20th, 2011 Industry Voices No comments

MHARR LogoAttached for your information and review is a copy of a Executive Order regarding federal regulation just issued by the White House on January 18, 2011. The Order, released in conjunction with a companion Wall Street Journal article by the President on over-regulation, marks a major policy shift by the Administration that has implications for manufactured housing as a federally-regulated industry.

In fact, it appears this Order almost could have been written with the HUD Code manufactured housing industry in mind. Its focus is on promoting the type of fair, reasonable and open regulatory environment that the HUD Code industry needs to thrive while serving consumers of affordable housing. Among other things, it states, as Administration policy, that the federal regulatory system, while protecting health and safety, must also advance “economic growth, innovation, competitiveness and job creation” through an “open exchange of information” that includes “affected stakeholders” – exactly the opposite of what is happening today in the HUD program.

Consequently, after carefully examining the Order overnight, MHARR, on January 19, 2011, acted to press HUD officials to fully comply with this Order as it relates to all aspects of the federal manufactured housing program including, most importantly, its ongoing rapid expansion of in-plant regulation. This expansion, which began innocuously as a program of “voluntary cooperation,” is now being transformed into a full-blown de facto regulation that will needlessly increase regulatory compliance costs passed to consumers by manufacturers and retailers, as the ongoing expansion now appears to target both. Details of the latest phase of this expansion, developed entirely behind closed doors, are emerging piece-by-piece, having been adopted without any official procedures.

All of this is addressed in detail in the attached copy of MHARR’s self-explanatory January 19, 2011 MHARR letter to HUD Assistant Secretary-Federal Housing Commissioner, David Stevens, a copy of which is attached for your information and review. This letter addresses the ways that the President’s January 18, 2011 Order applies to – and must alter – the practices of both the HUD regulatory program and HUD’s consumer financing programs, specifically including the FHA Title I manufactured housing program, which has been subject to severe limitations which thwart competition and market growth.

We urge you to carefully review this package, as it provides details of the latest phase of HUD’s ongoing expansion of regulation – mandatory three-day audits and costly enhanced Subpart I involvement by third-party inspectors – that are on-course to be imposed on manufacturers and retailers, because the industry establishment in Washington, D.C. refused to join forces with MHARR in order to force HUD to comply with the law by going through consensus committee and rulemaking procedures. Now, as shown by the attached letter, the industry has a major task on its hands to try to stop this.

MHARR, therefore, in an effort to curb and reverse the course of this runaway expansion of in-plant regulation, will now include and use the President’s Order and its January 19, 2011 letter to HUD in its overall ongoing activities with the 112th Congress, to demonstrate how HUD is violating the Administration’s own policy.

We will continue to keep you apprised as new developments on these issues unfold.

Danny D. Ghorbani, President
Manufactured Housing Association for Regulatory Reform
1331 Pennsylvania Ave N.W., Suite 508
Washington, D.C. 20004
Phone: 202/783-4087
Fax: 202/783-4075
Email: mharrdg@aol.com

MHI Briefs Congress on Finance and Energy Issues for Manufactured Housing

January 20th, 2011 Industry Voices No comments

MHI logoArlington, VA (January 19, 2011) – MHI industry members participated in a high-level briefing on Capitol Hill today focused on high energy performance in manufactured and modular homes. Emanuel Levy, Systems Building Research Alliance, and Kevin Clayton, Clayton Homes, Inc., presented to a standing-room only audience.

Manufactured Housing Congressional Caucus co-chair Ken Calvert (R-CA) kicked off the event remarking on the importance manufactured housing plays in employing some of the most cutting-edge building practices in the energy arena. Congressman Calvert also stressed that the lack of available financing limits consumer accessibility to manufactured housing, “Many Americans lack the ability to buy a manufactured home due to lack of credit and capital available,” he said, “that is not right and needs to be fixed.”

The briefing addressed “manufactured” housing, built in a factory to federal standards (the “HUD Code”) – and “modular” housing, made with prefabricated components and assembled on site to local code. The latest research and innovation to make housing more affordable for more American home buyers and more sustainable for everyone’s benefit was provided in addition to the many benefits of factory-built housing.

“We were pleased to have the opportunity to share with Congress the industry’s progress in making energy efficient housing available to homebuyers, but urge policymakers to focus on the balance between housing affordability and high energy performance,” said MHI Executive Vice President Thayer Long. “We believe that manufactured housing can be a leader in driving the market with cost effective, high performance energy efficient housing.”

Policymakers were urged to support the improvement of the Energy Star tax credit for manufacturers building Energy Star homes, provide a framework to help very low-income existing homeowners purchase new high energy performance homes, and remove existing regulatory barriers for adopting better energy standards for manufactured housing.

“Investing in highly energy efficient homes is a priority for the manufactured housing industry,” said Kevin Clayton. “We continue to push the envelope to find ways to deliver the best energy value for our customers. In the long term, this is not only a good thing for the industry, but it is also just the right thing to do.” Clayton also remarked on the limited ability of our customers to be able to buy energy efficient homes. “Adding any additional costs to our income challenged buyers is detrimental to their ability to qualify for a home loan. We need to advance energy efficiency in our homes, but we must also have fair and competitive financing to purchase manufactured homes.”

According to Emanuel Levy, “There is a natural synergy between the efficiency in constructing a factory-built home, and energy efficiency of the home itself. We believe reducing energy use is a practical approach for keeping homes affordable. Getting to the next generation of energy innovation responsibly will require coordinated public-private action.”

Attendees were advised that manufactured housing has accounted for over 20% of all new homes built over the past two decades, accounts for almost 100,000 U.S. jobs, and houses over 18 million Americans.

Factory-built homes have the benefits of being precision built inside a manufacturing plant, with a process that improves consistency and eliminates waste, and a design/build system that facilitates innovation and quality control. These characteristics allow manufacturers to produce high-quality housing much more quickly and cost effectively than homes that are site-built.

The briefing was hosted by the Environmental and Energy Study Institute (EESI) and the Congressional High-Performance Buildings Congressional Caucus. George Mongrell, President and CEO of Terradime, LLC also presented.

MHI is the national trade association for manufactured and modular housing industries, representing all segments of the industries before Congress and the Federal government. From its Washington, D.C. area headquarters, MHI actively works to promote fair laws and regulation for all MHI members and the industry. For more information on MHI, visit www.manufacturedhousing.org

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Indiana Manufactured Housing Association meets the SAFE Act

January 9th, 2011 Industry Voices 2 comments

By new contributor Matthew J. Silver

Matthew Silver photoThe SAFE Act (Secure and Fair Enforcement for Mortgage Licensing Act) did not seem fair at all to the forty-plus attendees at the Indiana Manufactured Housing Association’s panel discussion on December 16, 2010 in Indianapolis, IN. Nor did it make them feel more safe or secure. Au contraire, many no doubt left feeling they were being singled out by a federal government regulation enacted in response to the mortgage lending crisis. The SAFE Act has created new challenges for the manufactured housing industry.

A significant SAFE Act requirement is for Mortgage Loan Originators (MLO’s) to take training and continuing education. MLOs also must undergo extensive background checks to become certified, register with the Secretary of State and with the Nationwide Mortgage Licensing System and Registry. These costs of the licensure process and related requirements present a financial hindrance, particularly for independent retailers and communities, but it certainly increases costs for compliance to everyone involved in lending and related activities.

The SAFE Act was part of the Housing and Economic Recovery Act (HERA) of 2008, and the law went into effect July, 2010. The states were given the responsibility to enact laws and enforce the regulations. But as Mark Bowersox, Executive Director of Indiana Manufactured Housing Association (IMHA), said, “The government has not issued a clear and definitive ruling on the intent of the regulation, but the bottom line is that only licensed Mortgage Loan Originators can discuss terms of a credit sale.”

Mark Bowersox, Executive Director of the Indiana Manufactured Housing Association opens the discussion by laying the background of the SAFE Act in Indiana.
Mark Bowersox, Executive Director of the Indiana Manufactured Housing Association opens the discussion by laying the background of the SAFE Act in Indiana.

Bowersox introduced the panel, which included Mark Tarpey, supervisor with the Indiana Department of Financial Institutions, charged with overseeing the enforcement of the SAFE ACT in Indiana; Carl Becker, Indiana Manufactured Housing Association’s (IMHA) lead attorney; and Ken Rishel, principal of Precision Capital, a manufactured housing lender and member of the Manufactured Housing Institute’s (MHI) Finance Committee, experienced working with federal regulations affecting the industry.

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Left to right:  Ken Rishel, Carl Becker, and Mark Tarpey. Tarpey said the DFI can look at hypothetical contracts, and based on current information, can say yay or nay as to the need for an MLO.

Rishel said unintended consequences often occur whenever laws are passed in a hurried knee-jerk fashion. This law originally was not thought to have much of an effect on the manufactured housing industry. It was supposed to get rid of the guys making phony applications and liar’s loans, not $20,000 loans on manufactured housing. But, Rishel said, “Nationally, it’s a mess. Each state has different regulations, making it especially difficult for owners doing business in more than one state.”

Citing the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), passed this year, Rishel said you do not see much reference to mortgage lending. “What you see is primary residence loans and primary residence lending. It blurs the distinction between chattel lending and mortgage lending. It also “…raises the cost of loan origination beyond the 6% we’re allowed to charge…. We figure it’s going to run around $4000 for a chattel loan. If a customer is borrowing $10,000, how can you add $4000 to this loan and expect the customer to pay? That’s crazy! Also, there are new requirements for appraisals that make it almost impossible to reach the standard they want for chattel loans.”

The soon-to-be established Bureau of Consumer Financial Protection, an agency inside the Federal Reserve System, with a surprising first year $500 million budget, is charged with protecting consumers from abusive financial products. It is assuming responsibilities from several other agencies, like the FTC and HUD, as well as the Dodd-Frank Act, and will eventually administer the SAFE Act. Said Rishel:  “Who are they part of, who do they report to? The Federal Reserve. Who runs the Federal Reserve? Ex bankers.”

The banks are going to take some hits on their credit and debit cards, he noted, but the fundamental issues of the banking business will remain, especially with the bankers in charge. As the new Golden Rule says, ‘Them that have the gold, rule.’

This new agency will be pro-active, not complaint driven. They will have agents looking for violators,” Rishel stated. “Who will they go after? It’s us, guys, we are the low hanging fruit. We have a lot of people engaged in this business who have been around for years, some are not legal, some are not compliant. If there’s five to ten billion in our loans out there across the country we’re going to be picked first. We are the low hanging fruit. There are others they will go after, but we’re easy, they may try to make their bones on our back. The car guys were nailed by this ten years ago.”

Elizabeth Warren is an Assistant to the President and a Special Advisor in the Treasury Department who is overseeing the development of the CFPB, and the possible new director. Rishel called Warren extremely anti-business. Indeed, some banking groups say Warren could hurt the availability of credit, especially to low income people.

As with much legislation enacted by Congress, the implementation and enforcement is delegated to others. Bowersox said this new agency is scheduled to be up and running by July, 2011. But there are many grey areas that need to be clarified, such as relating to pulling credit reports. The government asked for industry input on a proposed rule, but then did not consider our input for the final regulation, noted Bowersox. He said, “That final regulation has not yet happened, although here in Indiana our law went into effect July 1, 2010, to begin enforcing that final regulation that has not happened.”  The audience chuckled. The MLO regulation is being enforced, but other areas remain in limbo.

Several scenarios were raised by audience members, who were perhaps seeking ways to get around the new licensure statute. Attorney Becker replied: “You would have to appear in court, the judge would ask why you structured the document the way you did, and you would undoubtedly lose. Even if I represented you,” Becker stated, smiling. The attorney said if you have so much as a sheet of paper that displays possible credit rates on your counter that the customer can see, you may be in violation. You utter one word about financing or loan terms, you could be subject to substantial fines, as much as $25,000 per incident. For a company that processes multiple contracts a month, those sums can add up quickly.

Indiana and several other states were successful in exempting retailers who are only handing credit applications to customers. They will not be affected as long as they do not receive compensation for the referral to an outside lender.

Attorney Becker distributed an outline of very specific steps to take, according to Indiana law and the SAFE Act, if you want to structure a lease correctly. (footnote 1) However, this law has not been tested, and could very well be struck down by a future court ruling. Rishel said, “Based on Dodd-Frank, it is fairly certain the federal government is not going to allow RTOs and LO and LTPs to get out from under licensing when they implement their new rules.”

“As long as it is…a loan secured by a dwelling,” Mark Tarpey said, “it would fall under the SAFE Act jurisdiction and that would require an MLO. That’s the trigger, and until we hear otherwise from HUD, that is how we are interpreting this regulation.” He added: “In the past, if you sold goods or services on a retail installment sales contract, and you had more than 25 transactions a year, you were required to register with DFI. That will be gone. The only way you can get an MLO license with DFI or with the Secretary of State is to be tied to an entity, and that entity has to be licensed.” The entity can be an LLC (limited liability corporation) with only one employee, and that person can be the MLO.

Tarpey agreed it is unprecedented to give this new agency so much money and power, and suggested, “Congress may have to revisit this issue.” Meanwhile, “DFI began licensing mortgage lenders who were the named creditor and funder of first lien mortgage loans in January of 2009,” he stated. “Mortgage brokers who find loans for customers and MLOs who work for them are licensed by the Secretary of State. Table-funded loans are considered brokered loans (footnote 2) and are also regulated by the Secretary of State.”

When Tarpey was asked if anyone is under scrutiny or if any fines have been levied, he said no. “We have been trying to educate retailers and community operators since the law went into effect in July of this year about the SAFE Act. People have been compliant so far, and we hope that continues. We haven’t found any violations,” he stated. Mark Bowersox agreed:  “DFI has visited dozens of communities throughout Indiana but to my knowledge no penalties have been given.”

A couple in the back of the room said they have a ten unit manufactured home community, and they charge a flat 10% interest rate on the sale of a home on their lot. Rishel said the new agency will eventually find them and demand to see their books.

A member of the audience is asking the panel for specifics about becoming an LLC so they can provide loans according to the new regulations.
A member of the audience is asking the panel for specifics about becoming an LLC so they can provide loans according to the new regulations.

Rishel wrote in an email: “The first goal of the MHI Dodd-Frank Task Force, and my personal goal, is to get chattel lending treated differently than real property lending because it is different. Chattel lending on manufactured homes should have never been included in the SAFE Act, and does not belong as part of the SAFE Act, as the burden of licensure is too odious and too costly for the dollar amounts involved, and for those who make up the majority of those lending in this manner. Exclusion of chattel lending from both the SAFE Act, and other laws aimed at real property lending, should be the first and primary goal of the Task Force. Any other action should be secondary or a fall back action.”

To this end, Rishel strongly implored the members of IMHA to stay in touch with their association. He and other members of MHI (Manufactured Housing Institute) paid attorneys out of their own pockets to research the new laws. “We will be coming up with a plan, probably in January, contacting the state associations for support in trying to sway Congress to make amendments to these regulations before this new Consumer Financial Protection Bureau gets going. You will be asked to contact your senators and members of Congress,” he told those assembled. When the changes are made at the national level, you will need to weigh in on your state representatives to change state law accordingly, he added.

Rishel sounded a dire prediction: “We should have seen this coming. This is critical. If we walk away from Dodd-Frank, three years from now we will not have a lender in the industry. This is life or death for the whole industry. We need to pull together and get the exemptions we need.”

Certainly, while Mr. Rishel’s points were compelling, the thrust of MHI and the various state associations is precisely to prevent that from happening. This is one reason why Rishel and others strongly encourage actively engaged association membership. It is strength in numbers that can get and keep the manufactured housing industry moving out of such irksome challenges s Dodd-Frank and the SAFE Act. What is obvious from a meeting such as this one, is that without good legal counsel, which is far more expensive than association membership, the risks faced by an independent retailer or community operator are now too great to ignore.

(1) Indiana manufactured Housing Association members can see the attached file, Basics on Lease to Own, or contact Carl Becker for more information. (317) 598 4529

(2) A lending method employed when a loan originator does not have access to the money necessary to make loans and then hold them until it has enough to sell on the secondary market. As a result, the originator forms a relationship with a lender who provides the funds for closing and immediately takes an assignment of the loan. This is called table funding. Under regulations of the Department of Housing and Urban Development, table-funded loans must disclose service release premiums–profit received by the originator–on the loan closing settlement statement. Loans sold on the secondary market do not have to make those disclosures.

Photos by Matthew J. Silver, free lance writer

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Why is Louisville so Important?

December 14th, 2010 Industry Voices No comments

Until only in recent years, the heartland of America has been the center of the market for low and moderate income families who have a special fondness for manufactured housing as a viable alternative to less affordable site-built housing.

Photo from Louisville Manufactured Housing Show

From the Northern reaches of America’s breadbasket in the Dakotas, Wisconsin and Minnesota to the south-central states of Kentucky and Tennessee, with strong central Midwestern states representation by Illinois, Indiana, Ohio and Michigan, manufactured housing has appealed to both urban and rural home buyers; this in spite of the many myths about wind safety aspects of factory built homes. Some of our finest retirement communities have been built around many Midwestern urban areas, such as Chicago, Detroit and Michiana. So-called modular homes built to the wide-ranging, ill-defined state codes, hasn’t had the impact here as they have in Northeastern, New England and Mid-Atlantic States.

Is it the affordability? Is it the prices? Is it the home designs? Or is it just the relative ease with which so many Mid-American families find manufactured housing a good value? I guess only an expensive survey will tell, but who cares?

Photo from Louisville Manufactured Housing Show

For many years running, the most successful of showcases for our uniquely American form of housing in mid-Western markets has been the Louisville Show. Coordinated by Showays’ Dennis Hill, it has a reputation for not only putting on a great physical display of the latest in home designs by top manufacturers, but it also provides the many attendees with a wide range of products and services that support these unique homes, ranging from the latest in home financing options and home insurance, to new innovative products for safely installing homes, accessories to supplement the homes, and the latest in insurance, wholesale and retail financing programs.

The show is popular not only with retailers and developers, but with their staffs, installers, salespersons, and suppliers. The introduction of many new innovative concepts in HUD code and Modular homes have started trends in the industry that are prevalent today. A highlight of the show is the many seminars and industry speakers bringing timely subjects to the industry.

January’s 2011 show will also offer insightful seminars that can help you grow your business or address specific needs. In addition to the many homes and booths, the conference speakers will share their decades of experience for those who attend.

  • George Allen will be presenting his “Ah Ha! Oh, No” formula for calculating the ideal pricing of homes and site for long term success.
  • Ken Rishel will be presenting a must-attend topic for many who are looking for new sources for chattel financing. He should call it, “Yes, you can!” with captive finance. But whatever the title, it is good material that every community owner needs to hear, and many retailers should listen to as well.
  • Don Westphal has become the go-to guy on the topic of Community Series Homes as well as being the stand-out man when it comes to development or redevelopment of a community.
  • Bob Stovall and L.A. ‘Tony’ Kovach of MHMSM.com fame will be presenting their marketing magic ideas for driving traffic to your retail or community locations. Check out their “Dominate Your Local Market!” presentation. I saw Tony’s talk on a similar theme in Phoenix, and gave him a 10 out of 10.
  • Finally, I will be presenting an intro on site and an off-site presentation on how you can get manufactured housing community financing or refinancing – yes, even in today’s more challenging lending environment. ‘Tony’ Kovach will act as moderator for this off-site event, with Bedford Lending being present to help with a little-known, but very valuable FHA 207m private lender loan guarantee program. Learn more or sign up for that seminar at this link. This important seminar is to be held for from 1:00 to 5:00 p.m. the afternoon of Thursday Jan 13th at the nearby Louisville Crown Plaza hotel, which is adjacent to the Exposition Grounds, and is easily accessed by car or the shows’ internal transportation system.
Photo from Louisville Manufactured Housing Show

More than ever before, the MH industry needs to gather up our resources, spruce up our thinking and light up our resolve to bring new life to a waiting American public. With all our Nation’s problems associated with high unemployment and large numbers of foreclosures, manufactured housing homes look even better than before as a real, viable alternative to more expensive site-built homes. New financing programs like the FHA Title I program, existing programs like the FHA 207m community financing program, and green home building options being offered by some manufacturers are concrete proof of our commitment to the general public in bringing safe, affordable, functional housing to Americans. There is an energy and opportunities aplenty to learn at a manufactured housing show that you simply can’t get any other way.

And it will all start in 2011 with the Louisville Show. I’ll be there, and I hope to see you there too!

Editor’s Note: Photos of the 2006 Louisville Show by Edward ‘Eddie’ Hicks

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By Eddie Hicks
Consultants Resource Group
Lic. RE Broker, Lic. Mortgage Broker
(813) 661-5901 Office
(888) 264-6472 Toll Free
www.mobilehomepark.com/
www.factorybuilthome.com/
www.Interlokhome.com/

FHA207(m) Loans for M/H Land Lease Communities Seminar

MHI 2010 Scorecard

December 12th, 2010 Industry Voices No comments

MHI logoAt the end of every year, MHI evaluates its legislative and regulatory accomplishments and identifies unresolved issues for the coming year. In government, large, sweeping, decisive achievements are very rare. Change comes in increments, and in 2010, MHI steadily achieved important victories for the industry and our customers.

√ Full Implementation of FHA Title I Loan Program
In 2010 the implementation of changes to the Federal Housing Administration (FHA) loan program for personal property manufactured homes (or Title I), which began back in 2008, was completed. In June 2010 the FHA finalized changes to the program, and also in June 2010 Ginnie Mae lifted its 15-year moratorium and announced it was accepting applications for new Ginnie Mae lenders. In November 2010, Ginnie Mae released its pooling guidelines for loans insured under the new FHA Title I program. The issuance of these guidelines provides Ginnie Mae the ability to securitize manufactured home FHA Title I loans. The securitization of these loans allows lenders to obtain new capital, which can then be used to fund new loans for our customers. Without MHI’s encouragement and assistance, implementation of this important program would most certainly not have happened.

√ Favorably Amending Formaldehyde Legislation
In 2010 Congress enacted a law which requires all composite wood products nationwide to meet new formaldehyde standards. MHI achieved a huge victory for the industry by amending the bill to make the effective date for manufactured and modular homes to comply with the new standard tied to a “manufactured by” provision instead of a “sell through” provision. This is vitally important because the original proposal would have made thousands of new manufactured and modular homes in inventory unsellable once the law became effective. Without MHI’s lobbying, it would have cost the industry and our customers thousands of dollars to bring every home in inventory up to a new standard.

√ Extending the New Home Buyer Tax Credit
MHI joined with other industry groups and successfully extended the new home buyer tax credit for manufactured and modular homes. The extension provided up to an $8000 tax credit to first-time homebuyers who meet certain income tests and sign a sales contact to purchase a principle residence by April 30, 2010. When the extension passed, it required homebuyers to provide a settlement statement as proof of purchase. In manufactured housing “home only” transactions, sales contracts are used as opposed to settlement statements. With the assistance of key Senators, MHI was able to convince the IRS to accept sales contracts in the case of manufactured home purchases.

√ HUD Regulatory Action
The manufactured housing industry is regulated by the US Department of Housing and Urban Development (HUD). As such, HUD has responsibility to issue proposed rules and building standard updates received from the Manufactured Housing Consensus Committee (MHCC) in a timely manner. This year HUD released three proposed changes for the public to comment on. These changes include roof truss testing protocol, rules governing the on-site completion of homes, and updates to the HUD-Code. These changes, which have been sitting around for over five years, are now in the process of being finalized thanks to continued pressure from MHI. An updated HUD-Code is vitally important for the industry and our customers.

In addition, MHI was instrumental in protecting the industry in 2010 from remedial action by regulators regarding materials supplied for the installation of air combustion inlets and venting ductwork through crawlspaces. MHI’s continued dialogue with industry regulators to address these types of issues is a huge part of MHI’s mission.

√ Protection from the Bureau of Consumer Financial Protection
A major issue in 2010 was Congress creating a brand new federal agency to regulate the financial services industry and protect consumers. MHI was successful in exempting manufactured and modular housing industry salespersons and retailers from the scope of the new agency if they are: 1) acting as an agent or broker for a buyer or seller of a manufactured home or a modular home, or; 2) facilitating the purchase by a consumer of a manufactured home or modular home, by negotiating the purchase price or terms of the sales contract. MHI’s lobbying obtained this exemption, and we were one of just a few industries that were successful in getting this done.

√ Relief from the SAFE Act
The Secure and Fair Enforcement for Mortgage Licensing (SAFE) Act passed by Congress in 2008 was intended to set up a nationwide licensing system for mortgage loan originators or individuals involved in the negotiation of a home loan. It was not intended to require the licensure of individuals, like manufactured and modular home salespersons or realtors, who are simply engaged in the business of selling homes. During the implementation of the SAFE Act, however, many state regulators have expanded the scope of the SAFE Act in order to regulate as many as possible, including retailers conducting purely administrative or clerical tasks in relation to a home loan. In 2010 MHI introduced a bill in Congress which clarifies the licensing requirements of the SAFE Act. MHI’s bill prompted Congressional leadership to send a letter to HUD, telling HUD that the SAFE Act was not intended to apply to retail sellers in our industry. MHI believes these actions will positively influence the outcome of pending regulations both at HUD and the state level.

√ Protecting Consumer Choice in Weather Radios
For the past four years, our customer has been threatened by legislation introduced in Congress unfairly targeting our homes. The legislation would have required every manufactured home sold to have a weather radio, ignoring the consumer’s ability to choose. Weather radios are quickly becoming antiquated, and MHI advocated for the enactment of a new system which already addresses the issue of notifying all individuals in an area of impending natural or man-made disasters. Even though the weather radio bill passed the House of Representatives, it has never been considered in the Senate due to lobbying efforts by MHI. MHI does not expect this issue to be raised in Congress again next year, however, if it reemerges, we will be ready.

√ MHI-PAC Support of Pro-Industry Candidates
MHI has a political action committee (PAC) which contributes to campaigns of pro-manufactured housing Members of Congress. In a difficult election year where over 70 existing members of Congress either retired or were voted out of office, 84 percent of the candidates MHI supported were re-elected. This is a stellar record, and MHI looks forward to working with the new members of Congress next year in advancing the MHI agenda.

The past two years have seen an unprecedented amount of new regulations that have had a widespread impact on every industry. This new focus on regulation has been driven by the belief that the events leading up to the economic crisis might have been prevented had there been more laws in place. Considering this environment, MHI has had much success in preventing many more burdens from being placed on our industry and our customers.

However, much more work lies ahead in 2011. Federal regulators continue to ignore laws passed by Congress requiring Fannie Mae and Freddie Mac to support personal property lending on manufactured homes. This hurts our customers’ ability to buy and sell their home. The financial reform legislation which passed in 2010 is a 2,000 page bill with widespread impact on all lending and finance activities, including manufactured and modular housing. We need to push for changes to the law and careful implementation of the regulations. There are important tax credits which the industry relies on which have yet to be extended, creating uncertainty for businesses and hampering their ability to adequately plan for the future and pass these benefits onto our customers.

As a membership organization, MHI relies on your membership and support. If your company is not a direct dues paying member of MHI, call us today at (703) 558-0668 to learn more about how to join.

And, now that you’ve seen our scorecard, how do you think we are doing? Please email or call me at (703) 558-0678, or tlong@mfghome.org. All comments and suggestions are appreciated.

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Thayer Long is Executive Vice President of MHI, the preeminent national trade association for manufactured and modular housing industries, representing all segments of the industries before Congress and the Federal government. Call (703) 558-0678 or visit www.manufacturedhousing.org