Archive for January, 2009
House of Representatives Committee on Appropriations chairman Dave Obey, D-Wis., on Thursday unveiled the House version of the $825 billion stimulus package that resulted from extensive discussions among Congressional Democrats rushing to accommodate President-elect Barack Obama's vision of an economic stimulus based on both tax cuts and spending programs. The House version of the package targets creating clean energy, "modernizing" roads, bridges and waterways, focusing on education, providing tax cuts, lowering health care costs, protecting public sector jobs and "helping workers hurt by the economy," according to Obey.
"High unemployment and rising costs have outpaced Americans’ paychecks," a summary of the bill reads, in part. "We will help workers train and find jobs, and help struggling families make ends meet." The bill's authors intend to do so through $102 billion put toward increased unemployment benefits and job training, assistance for the cost of retained healthcare benefits and increased benefits — by more than 13 percent — under food stamps. Among other programs outlined in the package are a $4 billion reserve for state and local law enforcement funding, $30 billion for highway construction and $6 billion to expand broadband internet access to rural and "underserved" areas in the basis that "the economy sees a tenfold return" on every dollar invested in broadband.
"In the next two weeks, the Congress will be considering the American Recovery and Reinvestment Bill of 2009," Obey wrote in a media statement posted on his Web site. "This package is the first crucial step in a concerted effort to create and save 3 to 4 million jobs, jumpstart our economy and begin the process of transforming it for the 21st century with $275 billion in economic recovery tax cuts and $550 billion in thoughtful and carefully targeted priority investments with unprecedented accountability measures built in." He acknowledged the package will bring the nation into a deeper deficit, but warned the lack of passage will cause the economy to shed even more jobs and risk "economic chaos" that would follow an increased deficit without the additional jobs created.
Read a summary of the package.
Stimulus for banks, too?
The Federal Reserve Bank of San Francisco president and CEO Janet Yellen spoke Thursday in support of diverting some funds within an economic stimulus package to support banks. In a speech given to the Financial Women's Association, Yellen argued that a crucial role of fiscal policy, "which is important in the current crisis, is to address the maladies that now afflict the financial sector."
"…[We] are in extraordinary circumstances, and the case for substantial fiscal stimulus over the next few years is very strong," she said. "First…it is time to 'pull out all the stops' — that is, to deploy both monetary and fiscal policy — to avoid a deep and lingering recession. Second, the case for fiscal stimulus is strengthened by the fact that monetary policy has already moved its short-term interest rate essentially to zero."
With the federal funds rate zero-bound at a target range of zero to 0.25 percent, the Federal Open Market Committee cannot push rates any lower to stimulate the economy, Yellen argued. "The market for commercial mortgage-backed securities, a mainstay for financing large projects, has all but dried up," she said. "Banks and other traditional lenders have also become less willing to extend funding," making the argument for a bank stimulus all the more relevant, according to Yellen.
Write to Diana Golobay at diana.golobay@housingwire.com.
Whispers Thursday afternoon of a possible second-round injection of federal funds into Bank of America Corp. (BAC: 7.29 -0.14%) were confirmed late Thursday night when the U.S. Treasury and Federal Deposit Insurance Corp. announced in a press release the government had agreed to invest an additional $20 billion into the banking giant. The $20 billion in TARP funds will be exchanged for preferred stock with an 8 percent dividend to the Treasury.
The Treasury and FDIC have also agreed to share losses on $118 billion of the company's assets. The large majority of these assets were assumed by Bank of America as a result of its acquisition of Merrill Lynch & Co., finalized as of Jan. 1, the press release said.
The announcement came soon after a Senate vote gave President-elect Barack Obama access to the second half of the government's $700 billion bailout fund, which passed in a 275 to 152 vote, despite a bill by Sen. David Vitter (R – La.) to block the release of the remaining funds.
Bank of America reportedly began discussions with Treasury regarding the extra aid back in mid-December, as a means to absorb growing credit losses at brokerage giant Merrill Lynch & Co.
The Treasury Department already holds $25 billion in Bank of America preferred stock as a result of capital infusions. The first stock purchase of $15 billion occurred on Oct. 28 and the second purchase of $10 billion — originally slated as a purchase of Merrill Lynch stock — was deferred pending the merger and later logged as a purchase of BofA stock on Jan. 9.
The additional assistance for Bank of America resembles follow-up aid given to Citigroup Inc. (C: 30.87 +1.61%) in November, after it too received $25 billion in the first round of infusions. In that transaction, the government agreed to guarantee most of a $306 billion pool of troubled assets if losses surpassed $29 billion.
Under the agreement announced Thursday night, Bank of America must cut its quarterly dividend to holders of its common stock to one cent a share from the current 32 cents a share — a dividend that can't be raised for three years without government permission. Additionally, Bank of America has agreed to comply with enhanced executive compensation restrictions and implement a mortgage loan modification program.
The U.S. government agreed to the second-round injection just hours before Bank of America reported that its fourth-quarter profit tumbled 95 percent. See Full Story.
Write to Kelly Curran at kelly.curran@housingwire.com.
Disclosure: The author held no relevant investment positions when this story was published. Indirect holdings may exist via mutual fund investments. HW reporters and writers follow a strict disclosure policy, the first in the mortgage trade.
(Update 1 reflects breaking action by the Senate. Update 2 clarifies the 'Frank Legislation' is still pending consideration.)
The House of Representatives voted 275 to 152 in approval of a measure that would set conditions on the release of the remaining $350 billion reserved for the Troubled Asset Relief Program, including a minimum $50 billion reserved for modifying mortgages. The provision was part of a bill sponsored by Barney Frank, D-Mass., which calls for increased oversight on the distribution and use of TARP funds as well as limits on executive compensation and a detailed explanation of the Treasury Department's authority to intercede for automakers.
The House has also proposed a number of amendments to tweak the so-called 'Frank legislation.' An amendment introduced by Doris Matsui, D-Calif., would require that the mortgage industry enforce a temporary "time out" on foreclosure, according to a MarketWatch bulletin. Scott Garrett, R-N.J., spoke out in opposition to the amendment, saying it would put upward pressure on the recently-lowered mortgage rates. No precedent exists for the effect such a nation-wide foreclosure moratorium would have on the industry — not to mention the national economy. The amendment was approved by a voice vote, according to MarketWatch. Other amendments discussed included a requirement that the Federal Reserve Bank of New York publicly disclose details surrounding the use of Federal funds to buy $500 billion in illiquid mortgage-backed securities, and a separate legislation seeking to modify the Hope for Homeowners program, which Michele Bachman, R-Minn., called "an enormous waste of time, money and resources."
As the Senate considers the Frank-sponsored legislation, it also voted 52 to 42 late Thursday against the disapproval legislation proposed Tuesday by Senator David Vitter, R-La. The proposed bill would have barred the release of the remaining TARP funds. It was authored by Vitter in a motion that appeared to be the culmination of a vocal history on the subject of TARP. “When I publicly opposed the first bailout back in September, I did so because I was concerned that it would lead us down a slippery slope and encourage further bailouts. By now, it is clear that it has,” Vitter said in a media statement on his Web site Monday. The Senate's decision to vote against this legislation effectively paves the road for the passage of the Frank legislation.
The only force that might attempt to hinder the passing the TARP revision legislation are the few vocal consumer groups left speaking out against it — and against even the release of the remaining $350 billion — although they have little bearing on whether the funds will reach Treasury hands. The Council for Citizens Against Government Waste (CCAGW) Thursday afternoon expressed “strong opposition” to the release of the second $350 billion, in a press release asking Congress to “shut your TARP.” CCAGW president Tom Schatz, speaking on behalf of the CCAGW, said regardless of the allegedly tougher oversight measures, the group opposes the release of additional TARP money, as they said the nation already faces a $1.2 trillion deficit. “TARP was an atrocious gamble in the first place and the taxpayers ended up on the wrong side of that bet,” Schatz said. “Taxpayers were promised clear results and tough oversight of that money. Instead, Treasury and the recipient banks have been allowed to keep taxpayers in the dark…and now Congress wants more.”
Kelly Curran contributed to this report.
Write to Diana Golobay at diana.golobay@housingwire.com and write to Kelly Curran at kelly.curran@housingwire.com.
Foreclosure activity surged 81 percent in 2008 compared to 2007, despite the undying efforts by lenders and lawmakers to ease the foreclosure fiasco, according to a report released Thursday by RealtyTrac.
The Foreclosure Market report showed a total of 3,157,806 foreclosure filings — including default notices, auction sale notices and bank repossessions — were reported on 2,330,483 U.S. properties during the year. In more digestable terms, one in every 54 housing units received at least one foreclosure filing during the year. Wow.
In December, 303,410 U.S. properties received foreclosure filings, up 17 percent from November. But despite November's spike in activity, overall activity was down almost 4 percent in the fourth quarter — a fact many would contribute to the massive volume of programs aimed at preventing or delaying foreclosure.
"Clearly the foreclosure prevention programs implemented to-date have not had any real success in slowing down this foreclosure tsunami," said James Saccacio, chief executive officer of RealtyTrac.
Fourth quarter foreclosure activity is up nearly 40 percent from the same quarter last year.
In 2008, Nevada, Florida, and Arizona posted the highest foreclosure rates. Nevada lead the way with one in every 14 housing units receiving at least one foreclosure notice, an increase of nearly 126 percent from 2007 and a whopping 530 percent increase from 2006.
As far as foreclosure totals — given in raw numbers — California, to no surprise, topped the list with 523,624 properties receiving a foreclosure filing in 2008. Arizona, Ohio, Michigan, Illinois, Texas, Georgia and New Jersey also made the top ten list of highest foreclosure totals.
Write to Kelly Curran at kelly.curran@housingwire.com.
Disclosure: The author held no relevant investment positions when this story was published. Indirect holdings may exist via mutual fund investments. HW reporters and writers follow a strict disclosure policy, the first in the mortgage trade.
Exactly how low can mortgage rates go? A Record-breaking low, according to Freddie Mac's (FRE: 0.00 N/A) Primary Mortgage Market Survey released Thursday, which showed an eleventh consecutive week of falling rates, where 30-year fixed-rate mortgages averaged an astoundingly low 4.96 percent with an average 0.7 point, down from 5.01 percent last week and 5.69 percent a year ago.
“Interest rates for 30-year fixed rate mortgages fell for the 11th straight week to another record low, due in part to the slowing economy and government actions,” said Frank Nothaft, Freddie Mac vice president and chief economist. “So far, both the U.S. Treasury Department and the Federal Reserve have added over $100 billion in liquidity to the mortgage market since September 2008, which put downward pressure on interest rates for fixed-rate mortgages. "
“In December, the unemployment rate rose to 7.2 percent, the highest since January 1993, and the economy lost 2.6 million jobs over 2008, the largest annual drop since 1945. That brought down yields on Treasury securities and mortgage rates followed,” Nothaft said.
One-year Treasury-indexed ARMs fell to 4.89 percent this week from 4.95 percent last week, according to the GSE's weekly survey. Five-year Treasury-indexed ARMs also dropped, averaging 5.25 percent this week compared to last week's 5.49 percent. The 5-year ARM has not been lower since the week ending September 8, 2005, when it averaged 5.24 percent.
Despite record-setting lows on most mortgage rates, 15-year fixed-rate mortgages actually rose this week, averaging 4.65 percent with 0.7 point, up slightly from last week's 4.62 percent, Freddie mac said.
Bankrate.com's weely mortgage rate survey also found that 15-year fixed-rate mortgages increased. The benchmark on 30-year fixed-rate mortgages, on the other hand, fell 5 basis points to 5.28 percent, matching the survey's record low, according to Bankrate.
Nothaft said Thursday the Federal Reserve may add up to an additional $570 billion in liquidity to the mortgage market this year, based on its November 25, 2008 announcement, which would further shore up mortgage lending and keep rates low.
Just how low will they go?
Write to Kelly Curran at kelly.curran@housingwire.com.
Disclosure: The author held no relevant investment positions when this story was published. Indirect holdings may exist via mutual fund investments. HW reporters and writers follow a strict disclosure policy, the first in the mortgage trade.
Unnamed sources out of Bank of America Corp. (BAC: 7.29 -0.14%) spoke Wednesday to the Wall Street Journal regarding the banking giant's possible need of a multi-billion-dollar infusion from the government to bolster it after absorbing Merrill Lynch & Co. on Jan. 1 when the merger officially kicked off. BofA was reportedly in discussions with the Treasury Department as early as mid-December 2008 regarding the aid, which — if finalized — would arrive on the heels of the last infusion of some $25 billion in TARP funds through the capital purchase program. The first stock purchase of $15 billion occurred on Oct. 28 and the second purchase of $10 billion — originally slated as a purchase of Merrill Lynch stock — was deferred pending the merger and later logged as a purchase of BofA stock on Jan. 9.
The additional funds now being discussed would be a cushion for Merrill's fourth-quarter losses, which exceeded expectations, sources told the Journal. People close to the issue also said had gone so far as to tell the government it wished to walk away from the Merrill deal as soon as the breadth of losses was apparent. In response to the reports, BofA stock fell 27 percent in early trading, according to a MarketWatch bulletin. It rebounded slightly and stood at less than 21 percent down for the day when this story was published in mid-day. BofA officials had no comment on the issue at the time this story was published.
The news that BofA might be in trouble comes as increasing doubts regarding the future of Citigroup Inc. (C: 30.87 +1.61%), which confirmed Tuesday it reached an agreement with Morgan Stanley (MS: 18.56 +2.26%) about the joint venture of its retail brokerage business, Smith Barney, and the wealth management business operated by Morgan Stanley. But people close to the issue told the Journal that Citi's restructuring plans go further than the joint venture, which is expected to close in the third quarter. The bank may soon downsize and shift the focus of its business to two key areas — possibly corporate wholesale banking and retail banking in select markets worldwide. The expected bloodletting may involve eliminating a third of Citi’s assets, is rumored to shutter consumer-finance operations and is expected to be announced Jan. 22 as Citi reports larger-than-expected losses in its fourth-quarter results, according to the Journal’s sources.
Write to Diana Golobay at diana.golobay@housingwire.com.
Disclosure: The author held no relevant investment positions when this story was published. Indirect holdings may exist via mutual fund investments. HW reporters and writers follow a strict disclosure policy, the first in the mortgage trade.
JP Morgan Chase & Co. (JPM: 37.21 -0.75%) announced Thursday a 77.6 percent plunge in fourth-quarter profits, driven by a loss in investment banking largely attributed to continued markdowns and poor trading results, according to a statement by the company.
Nonetheless, JP Morgan still managed to post a $702 million, or 7 cents per share, fourth-quarter profit — largely due to a $1.1 billion boost from its acquisition of Washington Mutual — compared to a profit of $3 billion, or 86 cents a share, in the same period last year. Without WaMu, JP Morgan told the Wall Street Journal it would have lost 28 cents a share.
Chase's total net revenue eased to $17.23 billion in the quarter, from $17.38 billion last year.
CEO Jamie Dimon called the results "very disappointing" in a press release Thursday morning, a tone he has taken for the better part of a year now. In addition to $2.9 billion in markdowns, Dimon noted that JPM boosted loan loss reserves by $4.1 billion during the quarter. Provision for credit losses jumped to $7.31 billion, a 26 percent rise from the third quarter.
Benefits from hedging its mortgage servicing business, as well as gains from the WaMu acquisition, helped keep the company's retail financial services business in the black. The retail financial unit's net income fell to $624 million from the prior year, due to a $3.6 billion credit provision tied to rising estimated losses — much of which sits in the company's home equity portfolio. Home equity losses rose sharply in the quarter, with charge-offs of $770 million in Q4 2008, compared to $248 million a year ago.
Retail banking remained strong, however, as net income and revenue jumped a monstrous 85 percent and 78 percent, respectively (almost entirely due to a boost in deposits via WaMu).
Straight-shooting Dimon warned of a "terrible" November and December in an interview with CNBC last month, thanks to what he called "normal culprits" of mortgages and credit. He did point out that the company continues to grow, despite industry headwinds. It bought the Canadian energy and global agricultural arms of UBS AG in Q4. "Earnings themselves may go up or down, but if you continue to grow the franchise, you'll do in the long run a very good job," Dimon told CNBC.
Looking ahead to 2009, Dimon said Thursday that “if the economic environment deteriorates further, which is a distinct possibility, it is reasonable to expect additional negative impact on our market-related businesses, continued higher loan losses and increases to our credit reserves."
JP Morgan had originally planned to release earnings next week, but pushed that date up, making it the first of the major banks and to post fourth-quarter earnings.
Write to Kelly Curran at kelly.curran@housingwire.com.
Disclosure: The author held no relevant investment positions when this story was published. Indirect holdings may exist via mutual fund investments. HW reporters and writers follow a strict disclosure policy, the first in the mortgage trade.
A title insurer advocacy group has challenged the Department of Housing and Urban Development's practice of using preferred providers of closing and title services on HUD-owned foreclosed properties, saying this practice rings of "required use" and is therefore a violation of the Real Estate Settlement Procedures Act (RESPA). American Land Title Association (ALTA) — which represents 3,000 member companies that provide more than 100,000 jobs nationwide — sent a letter to Federal Housing Administration commissioner Brian Montgomery signed by ALTA CEO Kurt Pfotenhauer calling for reform and transparency in the issue.
The letter argues such a "direction of title services" would be a violation of law in any other circumstance and suggests HUD has overlooked it in its own operations. The letter includes language from HUD regulations on closing costs. "HUD has appointed closing agents on a separate contract to act as their representative in the closing…[and] are assigned HUD properties by county," the instructions read, in part. "Third-party closing agents may also be used but the closing date must be scheduled with the HUD-designated closing agent and they must be present at the closing. Any additional cost for using a third-party closing agent must be paid by the purchaser."
HUD's stance on the issue is that it doesn't ban consumers from shopping for a third-party agent and doesn't penalize them with fees for doing so, according to spokesman Brian Sullivan. "It's not as though we would be actively charging [the purchaser] a fee," he said in an interview. "We have contracts with these closing agents and their fee is built into our contract with them. If someone goes outside of that to get their own closing agent, or exercises their right of selecting their own title company that acts as a closing agent, then they obviously have to bear that cost."
But is that disincentive — the negative incentive built into the system that ultimately leads to the purchaser paying a second time for closing services solicited outside the contract — tantamount to "required use" on HUD's part? HUD is curious, too, according to Sullivan. "The question is, in the course of using these contracted closing agents, is there any kind of de facto required use in providing title insurance?" he said. "That's what we're studying now. We are studying the observations that were pointed out in ALTA's letter to us."
The fact is, HUD is concerned in this area primarily to recoup losses on FHA-insured properties that go into foreclosures. HUD pays a claim on the outstanding loan balance with the lender and then takes possession of the property, according to Sullivan. "We are not a real estate company, so we try to sell these properties as quickly as possible and for as much as we can get in order to recover the amount we paid on the claim," he said. Toward that goal, if a property does not sell quickly, HUD may offer it at a discount, drawing purchasers from the marketplace that otherwise might have bought a real-estate owned property sold without stipulations on which closing agents must be used.
This is the issue ALTA takes offense with — HUD is taking away competitive advantages of independent title insurers that are losing business to the growing number of foreclosure sales that take place on HUD's books. "While HUD does not explicitly ban consumers from choosing their own closing agents, the fact that HUD requires them to pay twice for the same service creates such an enormous disincentive that the effect is the same," Pfotenhauer wrote in the ALTA letter. "As a practical matter, HUD is directing title services and is therefore violating RESPA…. It is hard to reconcile these facts given HUD's stated goal in its newly-issued RESPA regulations of transparency, clarity and increased shopping opportunities for consumers."
Sullivan was quick to reiterate HUD's stance that consumers have every right to shop around for title insurance companies, citing the "required use" provision in the forthcoming final RESPA rule. "This new RESPA rule that's going to be effective Jan. 1, 2010 is all about promoting shopping for consumers," he said. "So, that's where our heart is — in choice — because that will bring about market forces — not any kind of HUD price fixing – but market forces to establish price in the marketplace and will finally return some competitive influences to the marketplace, because those competitive influences do not prevail today."
Write to Diana Golobay at diana.golobay@housingwire.com.
Due to increased fear regarding job markets and continued home price declines, U.S. home builders may not see a bottom to the market until late 2009, according to a quarterly report released Thursday by Fitch Ratings. "As weak as housing has been, it can soften further," said lead analyst Robert Curran in a media statement regarding the report. "Credit markets are still impaired, home prices continue to fall and now the general economy and, especially, employment numbers have taken a turn for the worse."
Future housing woes could be influenced by job loss, fear of job loss, poor consumer confidence, lack of income growth and possibly income contraction. Fitch analysts said no improvement in demand likely occurred in December of 2008, as low mortgage rates were "countered" by job loss and continued loss of home equity as prices dropped yet again.
Coupled with low demand, an excess supply of homes continues to be "troubling" for analysts. "However, it is not just an inventory problem — there is also a negative psychology that has become pervasive," analysts wrote in the report. "The expectation or fear is that home prices are vulnerable to further declines and buying now would be a mistake."
As a result of this consumer fear, stocks declined as much as 33 percent in the first nine months of 2008 for some home builders, according to data analyzed by Fitch. Major home builders that suffered the most included Beazer Homes USA (BZH: 3.25 +0.62%) with a 15.4 percent decline, Centex Corp. (CTX: 0.00 N/A) with the 33.5 percent drop, Lennar Corp. (LEN: 22.28 +0.68%) with an 11.7 percent decline and KB Home (KBH: 9.85 +1.55%) with a 6.2 percent drop from Jan. 2 to Sept. 30.
There may be a bit of light at the end of the tunnel, provided mortgage rates remain largely below the 5 percent mark, according to Fitch analysts that weighed in on the report. "Lower mortgage rates, depressed home prices and new economic stimulus programs will probably lead to a bottoming of certain housing metrics late in 2009, but not before there is more carnage among homebuilders," the report's author wrote.
Write to Diana Golobay at diana.golobay@housingwire.com.
First time applications for state unemployment benefits jumped 54,000 to a seasonally-adjusted 524,000 in the week ending Jan. 10, the Labor Department said Thursday. This report marks the first weekly increase in three weeks, as claims have been significantly lower — dropping 24,000 the prior week and plunging 94,000 the week before that.
The Labor Department has warned in recent weeks that falling claims would soon turn upward again, as the holiday readings of unemployment data tend to be rather volatile. However, claims filed last week were still higher than expected by many economists. Economists surveyed by Dow Jones Newswires predicted claims would rise by just 46,000 to 513,000.
While new claims climbed, continuing claims — declared by workers who have collected benefits for more than a week — in the week ending Jan. 3, actually fell by 115,000 to 4,497,000. This drop may signal a break, for at least some, in finding a job, after last week's report posted the highest level of continuing claims since 1982.
The unemployment rate for workers with unemployment insurance held fast at 3.4 percent.
According to the most recent data, the largest increases in initial claims have been in New York — where 24,465 people filed a claim in the week ending Jan. 3 — North Carolina, Georgia, South Carolina and Virginia. The largest decreases in first time claims were seen in California — dropping 14,796 — Kansas, Michigan, Illinois and Ohio.
The four-week moving average of new jobless claims, which can sometimes smooth volatility, dropped 8,000 to 518,500. The four-week moving average of continuing claims, despite last week's ease in such claims filed, rose 27,500 to a whopping 4.5 million, its highest level since December 1982.
Write to Kelly Curran at kelly.curran@housingwire.com.












