Archive for June, 2009
Industry groups and even a government watchdog on the US Department of Housing and Urban Development (HUD) appeared Thursday before a House Financial Services Subcommittee on Oversight and Investigations, calling for more resources to prop up a HUD program's growing presence in the residential mortgage market.
HUD's written testimony acknowledged the Federal Housing Administration's expanding share of the single-family mortgage market, from 3% to 30% in just a few years. The FHA lending program, which insures servicers against default-related loss on FHA-guaranteed mortgages, needs at least another $37m in funds for HUD to combat mortgage fraud and predatory practices throughout the expanding program, according to the department's statement.
"HUD recognizes that the current market environment increases the potential for mortgage fraud and predatory practices on multiple fronts," HUD officials said in the prepared testimony. "On one level, the significant expansion in the volume of FHA insured loans exposes the insurance funds to increased risk of abuses within the program… At the same time, new forms of predatory practices are on the rise."
And HUD isn't just sitting by while fraud occurs; its current preventative initiatives span consumer outreach and education programs, increased oversight of FHA lenders, tightening of the lender approval process and expansion of its risk-based monitoring systems. So far for the fiscal year 2009 (which began in fall of 2008), as of May 31 HUD referred 543 cases of suspected fraud to the Office of the Inspector General (OIG), according to the department's written testimony.
But it isn't enough. The inspector general for HUD, Kenneth Donohue, also appeared before the House subcommittee calling for more resources. To illustrate the explosion of FHA's presence in the market since the development of the near-third statistic often exchanged by industry players and media outlets, Donohue said data show the FHA's endorsements (or guarantees of mortgages) rose from 24% of the single-family market in the first quarter of 2008, to 63% of the market in Q109, including home sales and refinance.
"We continue to remain concerned regarding FHA’s ability and capacity to oversee the newly generated business… . The surge in FHA loans is likely to overtax the oversight resources of the FHA, making careful and comprehensive lender monitoring difficult," he said, according to prepared statements.
Donohue also said past data show that high-volume periods at FHA leave the program vulnerable to exploitations by fraud schemes. He urged even more resources beyond the Omnibus Appropriations Bill to enhance IT systems, increase personnel to meet processing needs, increase training, oversee contractors it maintains and increase oversight of front-end issues like appraisal, lender approval and underwriting process.
He expressed concern for Ginnie Mae's MBS program, which carries the full faith and credit of the US government and which requires Ginnie to take the fall if an issuer fails to make the required pass-through payment. Ginnie's program will eventually take on an influx of FHA reverse mortgages, which Donohue says may be fraught with potential fraud schemes.
He also said the OIG is concerned for the FHA's reserve fund, which was at about 3% of its total insured portfolio at the time of the last actuarial review in September 2008. But that was September, and a lot has happened since then. If more severe economic conditions are factored into the calculation, the reserve could dip below the 2% minimum required by law, according to Donohue.
The OIG's concern over the solvency of the reserve fund led to various investigations, including reviews of at least two FHA lenders that migrated from subprime. OIG's concerns with the FHA process include inadequate quality controls, reliance on manua l processes, overdependence on the honesty of participants, tendency to focus on entities (mortgagee or lender) rather than individuals (owner, officer, director) and an overall need to work more closely with the mortgage industry, according to Donohue's statements.
Potential fraud threats the OIG keeps an eye on include appraisal fraud, id theft, origination fraud, rescue/foreclosure fraud, bankruptcy fraud, reverse mortgage fraud and nursing home-related fraud — like one instance in which the US Justice Department alleges Capmark Finance obtained HUD guarantees through false applications, costing the federal program nearly $25.9m when two nursing homes defaulted on their loans.
The National Association of Realtors (NAR) echoed the fraud concerns in its own written statement, which acknowledged the average credit of borrowers in the FHA program has improved as underwriting tightened, posing a positive effect on the program. NAR's concerns regarding the FHA, however, reiterate the need for more resources. FHA's single-family program operates nationwide with a staff of 900 — about 160 positions less than needed — with 18 year-old technology, according to NAR.
"As FHA’s volume increases, it is imperative that FHA have the staff resources and the risk management processes in place to protect the Insurance Fund and the American taxpayer from unacceptable losses," NAR officials said in the prepared remarks.
But beyond the ractionary infusion of more resources just when things are looking dire at the FHA program, swift action to prevent another infrastructure crisis is imperative, according to prepared remarks by the Mortgage Bankers Association (MBA) chairman David Kittle.
He urged Congress to appropriate $25m each fiscal year through 2013 as authorized in HERA to put necessary staff and technology in place as it's needed, and to increase resources at Ginnie Mae so that its MBS program is equipped to deal with unforseen defaults.
"Our government frequently finds itself in the position of reacting to problems, often when they have reached a crisis level," Kittle said. "We have a chance, starting with this hearing today, to prevent possible problems at FHA by getting the agency the resources and tools it needs to succeed in the new mortgage environment. FHA is an important agency and meeting its needs now and for the future is critical to the health of the mortgage industry and housing consumers in America."
Along with increased funding in the future to prop up FHA's infrastructure, Kittle also urged the permanent increase of FHA's loan limits, which expire for high-cost areas on Dec. 31, when the limit drops from $729,750 back down to $625,500. A permanent increase, he said, would allow secondary market support of "the broadest spectrum of home prices possible" even as the unstable housing market continues to stumble along toward bottom.
Write to Diana Golobay.
Disclosure: The author held no relevant investment positions when this story was published. Indirect holdings may exist via mutual fund investments.
Fitch ratings updated its ratings criteria for commercial-mortgage backed securities (CMBS) to greater reflect the ongoing disruption in the commercial real estate (CRE) market.
As a result, 10 companies were downgraded due to increased requirements for servicers weighings, financial strength, staff experience, and perhaps most importantly — activity in CRE this year.
The final point is interesting to note as, with the structuring of US CMBS, short term note roll over is a present challenge as continued financing dries up. Please see the upcoming July issue of HousingWire magazine for a full feature on the CMBS/CRE markets in the United States.
Downgrades were taken on servicers Archon Group, Centerline Servicing, CT Investment Management, Hudson Advisors, J.E. Robert Companies, LNR Partners, NCB, FSB, Ocwen Loan Servicing, Wachovia Securities and Wells Fargo Bank.
Fitch affirmed all of the servicer ratings for the following companies Babson Capital, Bank of America, DB Mortgage Services, GE Capital Realty Group, GEMSA Loan Services, Helios AMC, ING Clarion Capital Loan Services, KeyBank Real Estate Capital, Midland Loan Services, National Cooperative Bank, ORIX Capital Markets, Pacific Life Insurance Company, Protective Life Insurance Company, Prudential Asset Resources, Situs Asset Management, TriMont Real Estate Advisors
Upgrades were given to CWCapital, CWCapital Asset Management and The Bank of New York Mellon – Asset Solutions Division, where the residential servicing rating also received an upgrade.
Write to Jacob Gaffney.
For the Bank of New York Mellon (BK: 20.23 +1.15%), the news just keeps getting better and better.
Fitch Ratings on Thursday upgraded BNY Mellon's US residential servicer rating to "RMS1" from "RMS1" minus. It rates servicers on a scale from one to five, with one raking the highest.
The upgrade comes just days after the Federal Reserve Board announced the termination of an enforcement action taken in 2006 against the Bank of New York, which merged with Mellon Financial in 2007 to form the company as it stands today.
The BNY Mellon master servicer, which received the upgrade, is involved in overseeing the primary servicing functions for private and public mortgage-backed securities. As of March 31 of this year, BNY Mellon was master servicing almost 95,000 loans totaling $19bn, according to Fitch. BNY Mellon's servicing portfolio contains $3.8bn subprime, $6.7bn prime, $4.4bn Alt-A, $103.3m reverse and $3.3bn conventional conforming and FHA/VA mortgages.
"Fitch believes BNY Mellon's master servicing platform has the capacity and infrastructure to maintain and increase its master servicing, while pursuing its growth initiatives," the rating agency said in a press release. "Fitch will monitor BNY Mellon's ability to maintain oversight of its primary servicers in a high default environment."
Write to Diana Golobay.
Disclosure: The author held no relevant investment positions when this story was published. Indirect holdings may exist via mutual fund investments.
As discussion among top regulators and industry groups continues on whether sweeping regulatory reform should include broader authority for the Federal Reserve to oversee bank holding companies and systemically significant firms, the Fed continued its multi-billion-dollar campaign in the mortgage-backed securities market.
The New York Fed on Thursday released details on a slower week of agency mortgage-backed securities (MBS) purchases as part of a program regulators say is designed to provide liquidity for the agencies to invest in new securities, which should encourage mortgage lending abroad.
In the week ending June 17, the Fed's gross MBS purchases totaled $23.08bn, less than half the $54.67bn seen the week before. The Fed bought $7bn from Freddie Mac (FRE: 0.00 N/A), $12.43bn from Fannie Mae (FNM: 0.00 N/A) and $3.65bn from Ginnie Mae.
The weekly purchases favored MBS with 30-year maturations and 4.5% coupons. Of the $10.28bn of this product the Fed bought this week, $7.1bn settles in July and the remaining $3.18bn settles in August.
As an ongoing part of the Fed's participation in the so-called "dollar roll" market — a purchase agreement where the seller traditionally sells the security now under an agreement to buy it back in the future at a lower price — the NY Fed noted MBS sales of $2.79bn in the same week. Of the Fed's sales, $1.7bn occurred in 30-year MBS with 5% coupons, a transaction that settles in June. Another $200m sales of 30-year 6s will settle in July, while $800m of 15-year 4s settles in June and $85m of 15-year 5s will settle in July.
The sales and purchases, which started at the beginning of the year, have made a lasting mark on the Fed's balance sheet, which shows the balance growing by $29.41bn in the week ending June 10 to a total of $2.06trn. The figure sits $1.18trn above the balance seen in the same year-ago week ending June 18, 2008, and includes a total $455.34bn of MBS held outright.
Write to Diana Golobay.
Disclosure: The author held no relevant investment positions when this story was published. Indirect holdings may exist via mutual fund investments.
On tonight's broadcast of PBS' NewsHour with Jim Lehrer, Treasury Secretary Timothy Geithner discusses details of Obama's new regulatory plan.
In the one-on-one, Geithner states that the previous set of regulations were woefully inadequate and defended the decision of the administration to likely tighten the reins on financial markets going forward.
In Lehrer's questioning, he asks: "The commercial banking industry has come out very strongly against it on the grounds that you went after the wrong targets. They were not the problem; it were all these other financial institutions that caused the crisis, and yet you've gone hard against them. How do you respond to that?"
To which the secretary replies: "I don't think that's fair. I think anybody looking at what our economy has been through, the financial system has been through would have to conclude that there were systematic failures in the risk management at not just non-banks, but at banks, and systemic failures in consumer protection, too. I mean, just look at the damage caused by what happened in the mortgage market, in the consumer credit market. "
Geithner continued speaking vaguely of the upcoming regulations, saying that "shock absorbers," would be necessary, even though sectors of the economy, such as business confidence, are showing some signs of stability and improvement. However, he clarifies that the new rules will not come at the expense of support for central banks or investments in infrastructure.
Geithner also said: "getting capital into the financial system, repairing the damage done to the financial system so the financial system can provide the credit necessary for recovery," is a core aim of the administration.
But even if and when the employment outlook improves, the secretary dampened hopes of a return to the glory days.
"It's not going to go back to where it was between 2004 and 2007," he tells Lehrer. "That was an unsustainable boom. Borrowing costs were unsustainably low. That's what helped produce this huge boom in credit, huge boom in housing prices, asset prices. We can't go back to that."
"In the financial sector, the financial markets require well-designed regulation. We did not have well-designed regulation," he adds. "We had the worst financial crisis in generations because of basic failures in the design of regulation. We've taken a very limited investment only where necessary. And you saw two weeks ago — in fact, yesterday, we got $70bn in capital back from some of the nation's major banks. We had another $70bn raised by some of the nation's major banks from the private markets so that we don't have to be in there."
Check local listings to watch the entire interview, or go to the PBS website.
Scratch and dent owner/servicer Kondaur Capital plans to jump its portfolio of distressed assets from 2,000 loans to nearly 30,000 by the end of the year, according to its CEO, John Daurio.
According to Daurio, who plans to simultaneously increase his workforce from 300 to 1,000 to cope with the increased workload, Kondaur's business approach is unlikely to change.
"We like to develop a level of affinity with the borrowers, so we are incredibly high touch. We will spend the time necessary to correctly asses the situation on a property-by-property basis," he says. "Our due diligence includes looking over the credits files, the servicing notes, everything so that we get an intimate knowledge of the asset."
The now shuttered hedge fund, Pequot Capital Management, provided the $1bn in capital necessary for the acquisitions. Daurio will wait to see how the expansion develops before committing to buy any more distressed assets.
He adds that the business model of Kondaur is also unique in that it places a unique bid on every property, as opposed to bidding on entire pools of loans, in what he refers to as "true loan level pricing." This allows the seller to cherry pick from Kondaur's single bids, something proving very popular in the industry, Daurio said.
Write to Jacob Gaffney.
The volume of commercial and multifamily mortgage debt outstanding remained largely unchanged throughout the first quarter of 2009 at $3.48trn.
Multifamily mortgage debt outstanding grew 0.6% from Q408 to $908bn in Q109, according to data analyzed by the Mortgage Bankers Association. Government-sponsored enterprises and mortgage giants Freddie Mac (FRE: 0.00 N/A) and Fannie Mae (FNM: 0.00 N/A) hold the largest chunk of outstanding multifamily, with $191bn in federally-regulated mortgage pools and $154bn in their own portfolios.
"Banks, thrifts, Fannie Mae and Freddie Mac all increased their holdings of commercial and multifamily mortgages during the first quarter, while run-off among CMBS and life company loans decreased those investors' holdings," said Jamie Woodwell, MBA's vice president of Commercial Real Estate Research, in a media statement.
"The relatively long-term nature of commercial real estate finance," Woodwell adds, "has meant greater stability in the levels of commercial and multifamily mortgage debt outstanding than is seen among many other types of credit."
Commercial banks hold the largest chunk — $1.56trn or 45% — of commercial and multifamily mortgages, while issuers of commercial mortgage-backed securities (CMBS) and other asset-backed securities hold the second-largest chunk — $763bn or 21%, according to the MBA's findings.
Between Q408 and Q109, the number of loans at least 30 days delinquent held in CMBS rose 0.68 percentage points to 1.85%, according to the MBA’s Commerical/Multifamily Delinquency Report. The delinquencies must have continued in the months since, as one ratings agency noted an alarming rate as recently as May.
Fitch Ratings this week warned on rising delinquencies among CMBS as the retail and multifamily loans collateralizing them continue to perform poorly and ultimately default. CMBS experienced a 2.07% delinquency rate in May, the highest ever recorded by the ratings agency since beginning its loan delinquency index in 2001.
“Defaults on larger loans continue to drive delinquency increases because later vintage transactions have larger loans, many underwritten with now unrealized proforma income, as well as now-depleted debt service reserves and high leverage,” says US CMBS group head Susan Merrick in a media statement.
Write to Diana Golobay.
For an in-depth look at CMBS, please see the July 2009 issue of HousingWire magazine.
Disclosure: The author held no relevant investment positions when this story was published. Indirect holdings may exist via mutual fund investments.
Gross mortgage lending in the UK market declined 2% month-on-month, as most aspects of the economy continue on a downward trend.
Lending for May totaled an estimated £10.3bn (US$16.85bn), down from the £10.5 billion in April and down 58% from May 2008, according to new data from the Council of Mortgage Lenders, a trade group that represents more than 95% of the housing market players.
As gross mortgage lending includes both lending for house purchase and remortgage, then even if house purchase activity is showing a slight lift it will not be fully reflected in overall gross lending when remortgaging is declining – as indicated in recent approvals data from the Bank of England. Remortgaging has fallen away in recent months in the face of attractive reversion rates and tighter lending criteria for the best deals.
“While recent signs from the housing market have been more encouraging, we do not anticipate a significant recovery in activity in the coming months. Lending volumes appear to have stabilised at extremely low levels, but the weak labour market and lenders’ limited access to funding will constrain activity for some time yet,” according to CML economist Paul Samte.
“Underneath the headline gross lending figure, it’s likely that a moderate improvement in house purchase lending in May has been offset by very low remortgaging volumes as borrowers stay with existing deals,” he adds.
Write to Jacob Gaffney.
Average mortgage rates across the board fell in the week ending June 18 after spiking briefly the week before, according to a survey released today by mortgage giant Freddie Mac (FRE: 0.00 N/A).
“Reports of benign inflation figures reversed the upward trend of mortgage rates this week,” however, “it’s still too early to tell whether the decline in housing market activity has hit bottom yet," says Frank Nothaft, Freddie's chief economist, in a media statement today.
Thirty-year fixed mortgages (FRMs) averaged 5.38% rates with an average 0.7 point, down from 5.59% last week. The average rate for a 15-year FRM came in at 4.89% with an average 0.7 point, from 5.06% last week. Five-year adjustable-rate mortgages (ARMs) averaged 4.97% with an average 0.6 point, from 5.17% last week, while one-year ARMs averaged 4.95% with an average 0.6 point, from 5.19% the week before.
A separate survey conducted by Bankrate.com confirmed a drop in rates, with 30-year FRMs averaging 5.76% with an average 0.43 point, down from 5.96% the previous week. Bankrate's data also found 15-year FRMs down to 5.19% from 5.37%.
"The concerns about eventual inflation that drove bond yields and mortgage rates higher have been tempered by the reality of continued weakness in the economy," Bankrate said in a media statement.
Despite some gains seen in recent weeks, rates remain well below year-ago levels, with the monthly payment for a $200,000 30-year FRM this week coming to $1,168.42, according to Bankrate's data. Last year at this time, 30-year FRMs averaged 6.62%, making the payment on the same mortgage 1,279.96. The difference in this scenario means a $111 monthly savings for homeowners refinancing today, Bankrate said.
But rates have even further to fall if borrowers expect to obtain much-needed refinanced mortgages, says Field Check Group analyst Mark Hanson in market commentary Wednesday. “At present I estimate the there are $200bn in refi loan applications in process at lenders and brokers across the nation of which most will die unless rates get back at 5% with little cost — post-haste,” he says.
Write to Diana Golobay.
Disclosure: The author held no relevant investment positions when this story was published. Indirect holdings may exist via mutual fund investments.













Securitization is alive and well: off, off Broadway.
Last night saw the premiere of Monetizing Emma, a play about a teenager who securitizes her future possibilities.
HousingWire happily attended the premiere (in spirit), in the front row, wearing tuxedos and holding a whole mess of nachos.
In an interview with writer and ABS journalist, SourceMedia's own Felipe Ossa, the play is particularly apt since the market in securitization is stalled and it's only a matter of time before new assets to pool are envisioned.
Inspired by Jane Austen novels, Ossa says: "Girls in those tales are often forced to make financial decisions. In Austen novels it's all about the money required to get a suitor. In today's environment a girl needs to marry the market."
In the play, the whole deal is carried out by fictitious boutique investment firm, Thackeray Walsh.
And the idea is not so far-fetched for those who have been in the financial writing space for a while.
Remember Bowie Bonds anyone?
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