Mortgage Bankers Association of Florida
Fall 2009
Keeping You Informed
In This Issue
Local Chapters
Mark Your Calendars
President's Message
Legislative Updates
Chapter Highlights
New CMB's in Florida
Members Only Online
Welcome New Members
MBA's Regulatory Compliance Conference
Important Announcement
Registration is OPEN

7th Annual Eastern
Secondary Conference
February 16-17, 2010

Regal Sun Resort
Lake Buena Vista, Florida

Members Click Here to Register Online

Non-Members Click Here to Register Online
List of Local Chapters
and 2009/2010 Local Chapter President's

Please visit our chapters. You can click the chapter name to access their web site. There is also a link to send an email.

Mark Your Calendars


57th Annual Convention
June 23-24, 2010

Marriott Delray Beach

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This is your Fall news from the MBA of Florida.
President's Message
by Howard Nelson
Howard Nelson
GREETINGS...My, how quickly time passes! Here we are in late October and 2009 is almost gone and many of us are already well into 2010 planning processes. Soon the upcoming Thanksgiving and Christmas holidays will be on everyone's mind and I want to take this opportunity, first and foremost, to wish everyone a safe and happy holiday season. Please make sure you take the time to express your thanks and gratitude, especially to family and those special friends and teammates that truly make a difference in your life. Reminds me of an emailed story I received recently entitled;
"Charles Schultz Philosophy".
We all know Charles Schultz is the creator of the Peanuts comic strip, and in this emailed story, his Philosophy raises some interesting questions;
Who are the five wealthiest people in the world? Who are the last five Heisman trophy winners? Who are the last five winners of Miss America? Can you name ten people who have won the Nobel or Pulitzer Prize? Can you name six Academy Award winners for best actor and actress? Can you name the teams that have won the World Series over the past ten years?
Interesting questions, how did you do? The point here, is none of us remember the headliners of yesterday. While this list would not include second-rate achievers and are the best in their fields, the applause dies, awards tarnish and achievements are forgotten. So, here is another set of questions;
Can you think of a few teachers who aided your journey through school? Can you name three friends who helped you through a difficult time? Can you name five people who have taught you something worthwhile? Can you think of a few people who have made you feel appreciated and special? How about five people you enjoy spending time with?
Easier questions here, agree? The lesson here...the people who make a difference in your life are not the ones with the most credentials, the most money, or the most awards. They are the ones that care! Let's make a special point to remember this throughout this upcoming holiday season.
With this in mind, I want to again, say THANK YOU to MBAF's leadership, our membership, the Local Chapters and their leaders and members, for two things; 1) their commitment and time dedicated to serving and being a part of such a worthwhile vocation - being a Mortgage Banker, and most importantly in my mind, 2), recognizing the "value" in and committing to and being an active member of a trade association that is looking out for you, your careers and our industry dedicated to making sure the American Dream of homeownership remains available and affordable, legislative representation and a forum for education and networking.

Many times, I am asked, "Why should I be a member? What do you offer? What will I get out of it?" In my mind, the preceding statement answers this question of VALUE! For someone who would have this question, I would ask the question back of why you would not want to be a part of an association that looks out for you, your career and industry, while providing you legislative representation and educational and networking benefits.

Another key element as to why you should be a member is about GIVING back your knowledge and experiences to the next generation and giving back to the worthwhile communities and charitable organizations that our associations at every level support with our time and dollars, making our communities better places because you have been involved, you have been a part of something that made a difference. Reminds me of the late President Kennedy's quote..."ask not what your country can do for you, but what you can do for your country". Please think about getting more involved in MBAF and your Local MBA Chapters in 2010!
In closing, I am very optimistic about 2010. We are seeing and hearing more optimistic economic reports from many sources, including our trade partners. In spite of the many challenges we are presently dealing with, Florida still has warm weather, plenty of sunshine and a place that many still find attractive for retirement. Our partnership with MBA National continues to grow. We're continuing to work aggressively on many legislative fronts, at local, state and national levels. Clearly, there is...STRENGTH IN PARTNERSHIPS - my theme for 2009-2010. I am hearing many success stories already where MBA Chapters and MBAF have accomplished greater results and successes from working closing with our industry partners!
Keep it up...let's all have a safe holiday season and looking forward to a successful 2010 for us all!
Political Action Commentary Media and Legislative News
by Eric Prutsman, Legislative Representative and John Chludzenski, Legislative Committee Chair

Work in Congress last week focused on Rep. Barney Frank's new draft of legislation creating a Consumer Financial Protection Agency. The revised proposal, first circulated a week ago, has so far failed to quell much of the industry's opposition to the overall bill.
Foreclosure Prevention Legislation Introduced in Senate. This legislation, if enacted, would not allow servicers to initiate foreclosure until it has been determined that the borrower does not qualify for a loan modification program. The legislation calls for the Treasury Department to develop modification requirements that would apply to all loans, which would limit servicers' ability to offer other loss mitigation options. The bill also prohibits servicers from applying any fees that are not specifically provided for in the mortgage. In addition, the bill provides funding for HUD to offer grants to states for mandatory mediation programs.
STATE - Eric Prutsman
Legislation for the 2010 Regular Legislative Session is already being filed. Only ten percent of an anticipated three thousand have been filed to date, but already the MBAF is hard at work analyzing the proposed legislation. Three filed bills have caught our attention and concern:
House Bill 35 by Representative Darren Soto, prohibits deficiency decrees on final judgments in foreclosure actions on homestead property.  
House Bill 75 by Representative Darren Soto, establishes the Foreclosure Bill of Rights that would create a homeowner-activated suspension on foreclosures upon the filing of a Notice to Invoke the Foreclosure Bill of Rights. The lender would be required to provide the form for the Notice to Invoke when serving the summons to foreclosure to a homeowner. The homeowner would then be entitled to fill out the form which would suspend the foreclosure for what appears to be a minimum of five months while the lender obtains a new appraisal of the property, and the court considers the reasonableness of an offers by the lenders through a court-ordered mediation. 
House Bill 125 by Representative Hazelle Rogers, requires lenders to notify a tenant or lessee if a foreclosure or short-sale is initiated and provides the tenant or lessee with a first right of purchase of the property at fair market value. If the tenant or lessee decides to exercise their right, any funds held in escrow by the lender must by used for the purpose of closing costs.  If the tenant or lessee does not choose the option to purchase, the lender shall use the escrow funds to relocate the tenant or lessee. A failure by the lender to comply with the notice requirement will result in penalties, including attorney's fees.
Each of the bills summarized above represents a significant departure from current law as it relates to foreclosures. And unfortunately, the proposed legislation represents a trend of a number of states around the country to undermine a lender's investment in a property and create a new statutory framework that will likely create more havoc in a foreclosure process that has already been stressed to the breaking point. Rest assured that the MBAF will be speaking with House and Senate members over the next months to convey the concerns of our members about these and other bills as they are filed. 
Collier County - Erica Lolli
 Just wanted you all to be aware the Collier County Commission voted 4 to 1 NOT to adopt a Proposed Mandatory Inspection of Foreclosed and Vacant Homes.  Instead, the Commission agreed to allow a private market solution that promotes comprehensive homebuyer education at the time of contract in order to prevent future instances of homebuyers purchasing properties with unpermitted improvements and zoning violations.  I know that this outcome is consistent with the national MBA's position on mandatory foreclosure-related ordinances as well. 
When this measure was first heard by the Commission back in June, the Naples Area Board of Realtors asked that the stakeholders in this discussion be allowed the opportunity to draft our own ordinance for consideration by the County.  The original ordinance was extremely burdensome and had many unintended implications for real estate transactions in Collier County.  The ordinance that our team developed over the summer was much more focused and narrower in scope; however, our drafting team did emphasize to the Commission that a private market solution was already working and that any mandatory ordinance could hinder the transfer of real estate in our county.  This is a great and rewarding example of what can happen when we come together with our industry partners during challenging times.
Fort Myers, Fla
as reported by Wink News

Foreclosed homes have become big targets for thieves and law enforcement is often powerless to put a stop to it.

"Even if it is nailed down or screwed down, they'll take it," said contractor David Southworth. Southworth fixes foreclosed homes, he has has seen appliances, air conditioners even entire kitchen floors stolen from vacant homes.

Often, deputies and police officers will witness people removing items from foreclosed homes, but can't stop them. Cops can't arrest someone for trespassing if they don't who is supposed to be on the property and who isn't.

"It's frustrating, because they are unable to do anything," said Bonita Springs City Attorney Audrey Vance. "They have a situation where they see people doing stuff, they know people are doing it, and yet they have to meet legal standards."

Bonita Springs and the Lee County Sheriff's Office are pushing for a new state law that would require banks to notify the sheriff of foreclosed properties and provide a list of people who are allowed to enter the foreclosed land.

"I am a strong proponent of this and I think it is a wonderful initiative," said Lee County Sheriff Mike Scott.

Bonita leaders plan to meet with state lawmakers soon to discuss the proposed state regulation.

Be who you are and say what you feel, because those who mind don't matter and those who matter don't mind. -Dr. Seuss
Do you know who your Representatives are and how to contact them?

Chapter Highlights

MBA of Tampa Bay
by Nathanel Bittman

I never knew, I never understood, I never took the time to look-  maybe I made myself not really look or open my heart to Children in need, because I assumed....

I set one foot in the door of the Children's Home  on Memorial Drive in Tampa, to observe and understand the Charity supported by the MBA of Tampa for the last 25 years and I was amazed by the what I experienced.

As I work harder than I ever have to survive in a tough economy, fragile industry and on going changes, I always seem to recycle my memories of the incredible stories I have heard about the Children at the Children's Home.  I realize, I have some control of my life, my choices, the direction I may take.  But the Children at the Home, do not-  they are afraid, lost and in need of love, care and direction. I could go on and on.... But in short- The Children's Home does a magnificent job caring for their children who come from abused backgrounds, hurtful environments and abandoned households.  The Home focuses on helping them rebuild their lives, hopes and dreams.   These Children are our future and they need us-  The Children's Home needs us.
The time has come for us to do our Annual Charity Auction November 12th! It is taking place at the Westin Hotel off of the Courtney Campbell Causeway.  The Venue is beautiful and the night is going to be very exciting and fun.  Please register now for this wonderful cause and fun event. This year we will have Chris Markowski "The WatchDog on Wallstreet" as our Host and Auctioneer.

You can register on our Website at

We are also looking for auction items, if you have any donations for our silent auction please email me, Rusty Wiglesworth or Deanna Crawford with any Auction items you can contribute.  Nothing is too small and nothing is too big!
Chairman of the Fund Raising Committee MBA of Tampa Bay
Master of Ceremonies Children's Home Auction and Past President of the MBA of Tamp Bay
Current President of the MBA of Tampa Bay


Gulf Coast MBA
by Robert Stobaugh

On November 10th, Mary Wolf - will inspire members and guests of the Gulf Coast MBA with her Training and Professional Development pearls of wisdom. Mary will speak on 5 keys to success in business as it specifically relates to the world of Mortgage Banking and Real Estate. For more information contact Robert at his email below


MBA of Jacksonville
Message to the Jacksonville Members
Kenneth Jones

Let me start by telling you how honored I am to be the President of the Mortgage Banker's Association of Jacksonville. I am very excited with what the future holds for our Association and the fact that I get to follow very successful recent years despite some of the turmoil our industry has seen. This year I will focus on a few specific items for our Association. First, I would like to provide educational, valuable and fun luncheon events for our members. Secondly, I would like to increase our annual donation contribution to the Ronald McDonald House with your support. Lastly, I would like to focus on our community by offering our local residents and customer's with education about our industry and how we can help them in ways they may not have known otherwise.
For the 2009-2010 fiscal year we have decided to move our Luncheon's to Maggiano's Little Italy, located in the St. Johns Town Center at 10367 Midtown Parkway, Jacksonville, FL, 32246. We will have a more extensive menu, a quiet private dining room, and beautiful atmosphere all at no extra cost from last year. We will be offering multiple Luncheon events throughout the year, as well as a few evening social events including a Christmas Party we will co-host with the FAMB of Jacksonville. Please keep an eye on our calendar to see our next event!
Another focus of the Association will be our contributions to the Ronald McDonald House. We will host 4 events that will range of Cooking Dinner for the guests to helping with the landscaping in the spring! Please make sure you check out our calendar for updates on those events as well.
And finally, the Association is going to invest our time, knowledge, and service to help our community in as many ways as possible. We want the people of our city to be educated in what we do and what we can do for them. There are many programs available to them as existing or potential homebuyers and we would like to help educate and communicate those things to our community.
With your support in our Association we can do great things for our industry, community and state. We have an incredible Association Board with a wealth of knowledge varying across all spectrums of Mortgage Banking. We are eager and looking forward to providing for our members and our industry.  Thank you for allowing me to serve you as the President of the Mortgage Banker's Association of Jacksonville.
New CMB's in Florida
and What is a Certified Mortgage Banker?

CMB Logo Four of our own Florida Mortgage Bankers were recognized at the Mortgage Bankers Convention in San Diego:
Tim Allen, CMB
Richard Higgins, CMB
Claudia Simon, CMB
Kristina Holmen-Mohr, CMB
This is quite an accomplishment, and we are very proud of them.
For a complete listing of the 38 new Certified Mortgage Bankers and the background story, here is a link:

The CMB Society has a group page on LinkedIn. If you have an account with LinkedIn, and are a Certified Mortgage Banker, please take a minute to request membership status in this group:

What is a Certified Mortgage Banker?
The Certified Mortgage Banker (CMB) designation is the industry standard of professional success. It symbolizes respect, credibility, ethics, and achievement within real estate finance. Earning a CMB instantly places you at the top of our dynamic industry and makes you a part of the elite group that has achieved the highest level of professional success.

In these tough times, holding a CMB designation can put you at the top of the list for career opportunities.

You can choose to earn a Commercial or Residential CMB. Complete both programs to earn your Master CMB. Achievement of these designations represents the epitome of dedication and expertise in the real estate finance industry.

Since its inception in 1973, the CMB has been the highest professional designation for the real estate finance industry. The CMB community is made up of outstanding industry professionals and leaders. With such a great community, the designation  continues to define excellence within the industry.

Currently there are over 1000 CMBs nationwide.

Whether obtaining the designation as a personal achievement in their career, or as a testament to the industry, CMB designees exhibit the dedication that inspires other professionals to strive for excellence. In fact, more than 89% of CMB designees hold the title of vice president or higher, reflecting the level of leadership and commitment designees maintain.

The Tools to Succeed
We have all the right tools to help you succeed. CampusMBA offers award-winning training to help you meet the requirements and prepare for the exam. And you can track your progress with your online transcript.

If you are an individual who would like to demonstrate your commitment to professional excellence and distinguish yourself as a leader within the industry-the CMB designation is the program for you.

When the program was initially developed, professionals who wished to earn the designation were required to learn both commercial and residential finance disciplines before they could earn the CMB. At that time, most lenders had commercial shops within their organization, so it was expected that professionals could, and would learn both parts of the industry.

The growth of the industry necessitated the division of companies to focus on more specialized operations and many new companies appeared on the playing field as a result. Now many successful professionals are experts within their field and may never have the opportunity or need to learn the other side of the business.
MBA has introduced a new Executive CMB program for those individuals with industry experience but do not have the time to attend the School of Mortgage Banking.

Ross G. Bennett, CMB-
Chair, Certified Mortgage Banker Committee, MBAF
Members Only Online

Click the link above. If you do not remember you password all you have to do is click the waving icon and it will be emailed to you immediately.

Need to call someone or send them an email, you can look them up online. What to see if John Smith is a member, can you look for them online, want to see our board members or committees, you can find them here too.

Members can search all other members by individual names, company names, committees, board members, designations and more. You can post your company profile. You may ask a question or post in the Forum. You can register for conventions and conferences or the future leaders program. You can pay your dues and the primary contact can update their information. There are so many things available to you in the members area. We would like to expand it's use and encourage you to participate.
Also as a reminder if you have not paid your membership dues they are past due! You can pay your dues online, via fax or mail.

Please contact Brenda at the state office if you have any questions at or 407-290-9404.
Our New Members

Associate Member

ServiceLink, a division of Chicago Title Insurance Company
Pauldie Howrigan
Click Here to Email Pauldie

Mortgage Banking Members

Profico Mortgage Ventures, LLC
David Griggs
Click Here to Email David

Florida Commerce Credit Union
Jason Doerr
Click Here to Email Jason

Hayhurst Mortgage, Inc.
P.I. Hayhurst
Click Here to Email Patricia

Individual Members

Matthew Goldman
Click Here to Email Matthew

Pam Racz
Click Here to Email Pam

MBA's Regulatory Compliance Conference 2009
Washington, DC
by Claudine Claus
President, Home Financing Center

Wash DC One thing is for sure, Strength in Partnerships was shown at this year's MBA Regulatory Compliance Conference.  It was standing room only with chairs and people squeezed in a much too small room.   Evidently the MBA had not been prepared for the turnout as lenders or their lawyers turned out to hear the latest about regulatory reform.  I was hoping that I would attend this conference and come back less confused, but actually with all the new acronyms, I left with my heading spinning. As if RESPA, TILA,  ECOA,  FACTA, FCRA and HMDA weren't enough, I now wake up from nightmares about  SAFE, HOEPA, MDIA, UPDAP, HERA, HVCC and the CFPA.

Of course, the biggest nightmare for everyone at the conference was RESPA reform with the new GFE being the star. The complaints from attendees were that the latest RESPA reform is too complex and places too much responsibility on the lender for third party charges that could be out of their control. Lenders worried that their company will not be able to implement the new rules in time.  Technology, training and even basic understanding of the new rules were all challenges that lenders seemed to be facing.

The good news is that presenters offered well prepared presentations and were leading experts in their field.  Their power point screens helped to simplify and clear up misunderstandings from all rules and regulations A to Z.  The audience was given reviews of present laws, upcoming changes and even some that may be coming down the path.   Strategies of implementing new disclosures and required procedures were also provided.

A repeated issue of concern from lenders was how the new rules could delay   closing dates for borrowers.   One presenter suggested that lenders provide borrowers with even more material to read in order to explain how the new disclosures and rules could affect their closing date, interest rate lock and so on in order to help manage their expectations.   Lenders were told to be careful to not rely on third parties in the loan origination chain to explain the changes to consumers.  Warning was given that third party vendors may not view your customer as their customer or they may just be too busy preparing for the technical aspect of the changes to focus on customer impacts.

To better manage third party issues, it was suggested that for every compliance change, a company should thoroughly analyze the new process flows to identify over-arching Third Party issues as soon as possible.  Doing this analysis requires an understanding of the Third Parties' businesses and processes as well as your own, so the recommendation was to meet with major third parties early to learn their perspectives about changes in their requirements, systems and culture (HVCC) and start  early to re-negotiate vendor fee contracts to address fee tolerances.

Licensing requirements were also a hot topic. Many lenders were discussing the possibility of decreasing the number of states in which they currently lend, focusing on their core states only, out of fear that they will not be able to keep up with state regulations on top of a new federal agency.  Many attendees stayed to lobby this issue on Capitol Hill, suggesting the government not add another layer through the creation of the Consumer Financial Protection Agency or requested that government have one uniform standard, but not both federal and state requirements. Of course, servicing and Secondary were not exempt from Regulatory Compliance Workshops and the round table discussions of how to keep your company out of litigation were well attended. 
Although this was the first time I have attended this particular conference, I will certainly make it an annual event.  I don't think we can worry too much about being compliant in today's market.  Fortunately, if you didn't have the opportunity to attend the MBA Regulatory Compliance Conference this year, you can pick up most of the power point presentations for each workshop at

Since 1952, the Mortgage Bankers Association of Florida (MBAF) has integrated the state's diverse real estate finance industry into a unified service organization.  The MBAF is committed to promoting sound and ethical business practices in the mortgage banking industry; providing a powerful and responsible presence in Florida's legislative arena; educating its members in the most up-to-date practices and methods, so members can grow and mature in their careers; serving as a forum for communication and social interaction among peers; and adapting to change in a mercurial business environment, in order to help mortgage bankers succeed in that environment.

Not a Member? You can join today!
Click to Access Membership Application

Please contact Brenda Thomas at the state office with any questions at or 407-290-9404