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Archive for July, 2009

Friday, July 31st, 2009

Illinois Attorney General Lisa Madigan is suing Wells Fargo (WFC: 29.60 +1.89%) on alleged predatory lending practices and discrimination against African American and Latino borrowers.

The Illinois AG's suit, filed in Cook County Circuit Court, claims Wells engaged in a practice called "reverse redlining," in which lenders are said to target minority consumers or residents of minority neighborhoods for high-cost subprime mortgages. Madigan's complaint alleges Wells targeted marketing programs in areas considered minority-populated.

In 2005, according to an analysis of Chicago-area data, approximately 45% of Wells' African American borrowers and 23% of the lender's Latino borrowers received a high-cost mortgage, compared with 11% of white borrowers that received high-cost mortgages that year. In 2006, 58.5% of its African American and 35% of its Latino borrowers received high cost mortgages, compared with 16% of its white borrowers.

As of 2006, Wells was the Chicago area's second-largest lender by volume, from '05 to '07 originating more than 60,000 mortgages — of which 12,000 were high cost, according to the complaint.

“As a result of its discriminatory and illegal mortgage lending practices, Wells Fargo transformed our cities’ predominantly African-American and Latino neighborhoods into ground zero for subprime lending,” Madigan said in a statement. “The dreams of many hardworking families have ended in foreclosure due to Wells Fargo’s illegal and unfair conduct.”

The case alleges Wells Fargo Financial Illinois, a Wells subsidiary that originated subprime loans, also engaged in deceptive business practices by misleading Illinois borrowers regarding mortgage terms and refinance benefits. It also claims the company repeatedly financed borrowers' mortgages without providing any real benefit to consumers.

"In addition, Wells Fargo Financial used deceptive mailings and marketing tools to confuse borrowers as to which division of Wells Fargo and Company they were doing business with — prime or subprime," the complaint reads, in part. "As a result, borrowers believed they were doing business with Wells Fargo Home Mortgage, which offered mainly prime loans, when in fact they were dealing with Wells Fargo Financial, a predominantly subprime lender."

The suit calls for the rescission of all contracts entered between Wells and Illinois consumers through the use of unlawful methods and asks that Wells grant full restitution to borrowers. The case also calls for civil penalties for the violations.

Write to Diana Golobay.

Friday, July 31st, 2009

British home builder Nationwide saw its third month of home price increases in July, according to a house price index released Thursday.

House prices gained 1.3% on a seasonally adjusted basis in July. The three-month-on-three-month rate of change gained 1% in June to 2.6% in July — the highest level since February 2007.

UK house prices are still 6.2% lower than 12 months ago, Nationwide said, but this represents a significant improvement from the 9.3% year-on-year decline seen in June.

“House prices have been remarkably resilient so far this year, despite a recessionary economic background with sharply rising unemployment," said Martin Gahbauer, Nationwide's chief economist. "Although this outcome has come as a surprise, it is not inconsistent with other economic indicators and asset prices, which have also bounced back somewhat after very severe declines around the turn of the year. During turbulent economic times, it is not unusual for economic indicators and asset prices to overshoot in one direction and then experience a correction in the other."

“The improvement in housing market conditions, however," Gahbauer added, "does not mean that the positive price trends of recent months can be extrapolated into the future in a straight line. If prices continue to increase at the rate of the last three months, they would soon rise to levels that would be noticeably out of line with earnings, rents and other fundamental determinants of housing valuations."

As prices gain — on an apparently unsustainable level, according to Gahbauer's comments — home sales in the UK are also on the rise, according to purchase origination data.

The Bank of England showed mortgage originations were up in June to 47,584, the highest level since April 2008. The volume of purchase loans approved in the month remain historically low, however, with 36% fewer originations in the first half of 2009 than the same period of 2008.

“Activity is certainly more positive than at the start of the year," said Council of Mortgage Lenders' economist Paul Samter. "This is consistent with the improvement in housing market sentiment, but the outlook is still sluggish, as capacity constraints on the lending industry and continuing deterioration in the labour market will act as a brake on the pick up."

"Overall," Samter added, "these numbers are consistent with our outlook for a gradual improvement from historic lows following the financial system turmoil last year, but for any recovery to be slow and drawn out.”

Write to Diana Golobay.

Friday, July 31st, 2009

Service extras became increasingly important to both home buyers and sellers as first-time buyers took the majority of the home buyer population in the last year, according to JD Power and Associates' 2009 survey of both parties in the home selling process.

The importance of added services like inspections, appraisals and legal and moving company recommendations has increased in both processes since last year's survey — up by 12% among buyers and by 8% among sellers — although the agent remains the most important driver for both segments.

"In a tight market, every aspect of service offered will be scrutinized very closely," said Jim Howland, senior director of the real estate and construction practice at JD Power. "For this reason, it is critical for real estate companies to promote the value that they bring to buyers and sellers, not only in any additional services they offer, but also in their agents and operations."

The study also found that the proportion of first-time home buyers increased considerably — to 56% in 2009 from 44% in 2008. Many of these first-time buyers may be attracted by improved home affordability and the perception of a strong buyer's market. This presents both challenges and opportunities for real estate companies, JD Power said in its survey.

"The presence of more first-time buyers is encouraging, as it indicates that the real estate market is returning to more normal activity, with fewer speculators," Howland said. "However, real estate companies and agents must carefully manage first-time buyer expectations. Although these buyers may believe otherwise, they must still overcome the traditional barriers to purchasing a home, such as being able to fund down payments, closing costs and monthly payments."

Now in its second year, the JD Power study includes more than 3,100 evaluations from 2,801 respondents that bought or sold between April 2007 and June 2008. JD Power, a business unit of The McGraw-Hill Companies (MHP: 46.90 +0.11%), examines the agent, office and package of additional services when determining satisfaction in the buying experience. It examines marketing in addition to these categories when determining satisfaction in the selling experience.

Write to Diana Golobay.

Friday, July 31st, 2009

In order to help consumers make wise home buying decisions and save the housing market from collapse, the Federal Reserve Board released its “5 Tips for Shopping for a Mortgage.”

On Wednesday.

It’s kind of like installing the fire extinguisher when your house is a smoldering pile of rubble. And, yes, the pun is intended. So without further ado, the Five Tips for Shopping for a Mortgage We All Should Have Paid Attention To A Few Years Ago.

One: Know what you can afford. What? You mean I can’t afford a $500,000 town home on a waiter’s salary?

Two: Shop Around – Compare Loans from Lenders and Brokers. The tip reads, “Neither lenders nor brokers have to find the best loan for you.”

Three: Understand Loan Prices and Fees. Or, you can just sign your name. No one can make out all the fine print anyway.

Four: Know the Risks and Benefits of Loan Options. You mean I'm going to have to pay HOW much?

Five: Get Advice from Trusted Sources. Like your friendly, neighborhood Federal Reserve.

Next week: 5 Tips on How to Run a Car Company.

Friday, July 31st, 2009

Dallas-based Capstead Mortgage Corporation (CMO: 12.91 -0.39%) earned $42.5m in Q209 ($.058 per share) on mortgage-related securities, a slight improvement from Q109’s earnings of just over $42m.

The real estate investment trust (REIT) said earnings improved on net interest margin increases in its portfolio of residential adjustable-rate mortgages (ARM) and securities guaranteed by Fannie Mae (FNM: 0.00 N/A), Freddie Mac (FRE: 0.00 N/A) or Ginnie Mae.

While Capstead said current prepayments are at an acceptable level, it expects them to increase in the coming quarters. That, along with reduced asset yields from lower coupon interest rates on currently resetting ARM securities and lower yields on acquisitions, will hurt future earnings.

“We anticipate financing spreads will decline modestly in the third quarter before beginning to improve in the fourth quarter and into the first half of 2010 as our borrowing rates benefit from the termination of $900 million of higher-rate swap positions in late November and December and an additional $800 million during the first quarter of 2010,” Capstead president and CEO Andrew Jacobs said in a statement. “If current market conditions persist, we should continue to generate what we believe to be very attractive dividends for our common shareholders.”

Write to Austin Kilgore.

Friday, July 31st, 2009

After postponing the Legacy Loans Program (LLP) in June, the Federal Deposit Insurance Corp. (FDIC) commenced its first test this week.

Regulators designed the LLP to help banks cleanse their balance sheets of troubled — or so-called "legacy" — loans in order to raise capital and open pipelines to lending, but HousingWire reported in June that the FDIC put the testing on hold because of the banks' ability to raise capital without having to sell bad assets through the LLP.

The move fueled existing questions concerning whether the LLP should be deactivated entirely.

The FDIC's action this week may erase that doubt. In the transaction offered, the receivership will transfer a portfolio of residential mortgage loans on a servicing released basis to a limited liability company (LLC) in exchange for ownership interest in the LLC, according to a release from the FDIC.

An accredited investor will buy an equity interest from the LLC and will manage the portfolio of mortgage loans, conforming to the servicing guidelines of the Home Affordable Modification Program (HAMP) or the FDIC’s loan modification program.

According to the release, the FDIC will then analyze the results of the sale to see how the LLP can clear more troubled assets and kick-start lending.

The FDIC could not offer any details on the size of the portfolio offered, and a spokesperson told HousingWire interested investors must agree to certain disclosures before participating in the blind bidding process.

Write to Jon Prior.

Friday, July 31st, 2009

Genworth Financial’s (GNW: 7.83 +0.38%) mortgage insurance operation lost $134m in Q209 amid an environment of high mortgage defaults, and revenue from the rest of the company’s insurance operations could not make up for the loss.

Overall, the firm lost $50m in the quarter ($0.11 per share), a relative improvement over the company’s $109m loss in Q208.

Genworth’s US mortgage insurance sector took a hard hit as it continued to incur losses, despite increasing loss mitigation efforts, which saved the company $188m.

“Our US mortgage insurance business continued to execute its self-contained capital plan despite the challenging housing market, and benefited from increased loss mitigation savings while seeing new business with strong profitability,” said Michael Fraizer, Genworth chairman and CEO.

Despite the struggles, Genworth’s not slowing down. The company issued new insurance at prices 35% higher than in Q208.

Genworth’s retirement and protection division made $127m and its international division made $87m. Its corporate insurance division lost $71m.

Write to Austin Kilgore.

Friday, July 31st, 2009

The practice of securitizing mortgages, while freeing up capital for more loans, is not the financing answer for Federal Home Loan Banks (FHLBs) financing, according to reports out of the Federal Housing Finance Administration (FHFA).

The securitization market is too volatile in the wake of massive loan defaults and competition from Fannie Mae (FNM: 0.00 N/A) and Freddie Mac (FRE: 0.00 N/A) is too strong for securitization to prove a profitable business segment for FHLBs, FHFA director James Lockhart noted. The banks offer secure loans — or advances — to members. Lockhart said the FHLB system remains sound and the joint and several guarantee is strong.

His comments arrived on the first anniversary of the Housing and Economic Recovery Act of 2008, which set up FHFA.

His comments on Thursday addressed concerns facing the FHFA, Fannie Mae, Freddie Mac and the 12 FHLBs. Questions facing the securitization market range from payment methodology to the future of securitization in the US.

Lockhart noted challenges ahead for the FHLBs, including managing capital prudently given some exposure to private-label mortgage-backed securities (MBS), finding the best way of providing system support for individual FHLBs and ensuring more consistency in financial disclosures and accounting.

As "high levels of delinquencies triggered downgrades in the private label securities, it has presented significant challenges for investors, including Fannie Mae, Freddie Mac and the Federal Home Loan Banks," Lockhart said. "Currently 65% of the carrying value of private label securities in the FHLB system are below investment grade, downgraded or on negative watch. This compares to only 20% in those categories at the end of 2008."

The FHLBs’ exposure to private-label securities varies considerably among the FHLBs and has impacted their retained earnings, accumulated other comprehensive income and GAAP capital, according to Lockhart. As of March 31, 2009, the FHLBs held $64bn of private-label MBS. These securities had a fair value of $49bn, or $0.76 on the dollar.

"We have been working with the 12 FHLBs regarding valuing their private-label MBS," Lockhart added, "an issue that has significant consequences for them. As they adopted early the new other- than-temporary impairment rules, we worked with them on the adoption of a common platform for accounting."

He indicated an FHFA report on FHLB securitization recommends FHLBs not be allowed to securitize mortgages at this time. Instead, the report reccomends participation in a program called MPF Xtra, through which the FHLBs serve as a mortgage purchase conduit, selling the mortgage loans immediately to government-sponsored enterprises (GSEs), rather than acquiring the loans on their portfolios.

Under this mortgage program, members do not credit enhance loans or receive any credit enhancement fee for these loans, the FHFA noted. Instead, a FHLB facilitates loan sales between members and a third party, and performs other services and functions in return for a fee.

The FHFA's report concluded that while FHLB securitization could enable the FHLBs to purchase a larger volume of conforming mortgages from members and increase the availability of mortgage credit, FHLB securitization of mortgages would best be considered after government agencies have developed their recommendations concerning the future of the mortgage-related government sponsored enterprises based on market conditions that exist when that effort is completed.

The push for securitization among GSEs but not FHLBs seems to enforce a consensus that emerging policies have begun to "waffle"on when securitization practices are acceptable.

HousingWire's own Linda Lowell recently explored the phenomenon of "full-tilt policy schizophrenia" in comprehensive coverage last week.

"You’ll find elected representatives coming out of one hearing where they excoriate bank execs for not lending, and going into another where they tenderly commiserate with the bank exec apparently threatened by another branch of government for trying to ensure taxpayers got value and not systemic mayhem for their investment," Lowell wrote.

She noted banks this environment may soon want room to waffle, too. The push may be for some form of housing GSE that underpins primary and secondary mortgage markets similar to Fannie and Freddie. Under the new accounting rules, Lowell said, the best mortgage banking play may be to make conforming loans and sell them into GSE MBS, taking gains on sale and booking servicing assets and pushing the cost of capital onto the GSEs’ plate.

Write to Diana Golobay.

Disclaimer: The author held no relevant investments when this story was published.

Friday, July 31st, 2009

Subprime mortgage servicer and participant in this week's meeting of the minds on Capitol Hill Ocwen Financial Corp. (OCN: 13.96 +1.53%) came out in vocal support of the Administration's push for all things modification.

Representatives from 25 mortgage servicers participating in the Making Home Affordable initiative’s Home Affordable Refinance Program (HAMP) met in Washington this week to discuss how the program can be more effective. The HAMP distributes Troubled Asset Relief Program funds for servicer, borrower and lender/investor incentives on successful modifications initiated.

The meeting, called for in a letter from Treasury Department secretary Tim Geithner earlier in the month, came at a time when industry groups including credit rating agencies are questioning how many homeowners HAMP will help.

“We believe there is a general need for servicers to devote substantially more resources to this program for it to fully succeed and achieve the objectives we all share,” Geithner's letter read.

In a corporate statement issued late Thursday, Ocwen said it supports efforts to step up HAMP modifications among servicers. It also rebutted some comments circulating around the mainstream media that servicers push mortgages through to foreclosure for lucrative fees.

"While there have been suggestions that many servicers shun modifications because they're profiting by collecting late fees, we believe modifications are in everyone's interest," said executive vice president and general counsel Paul Koches. "In fact, late fees, which rarely if ever are collected in foreclosures, don't come close to covering the cost of advances that must be made — out of the servicer's pocket — to the owners of delinquent loans. We're convinced that prudent modifications are best for our homeowner customers, the owners of the mortgage, our business and our economy overall."

Ocwen touted more than 90,000 loans modified to performing status since the onset of the subprime implosion. It so far has solicited 60,000 HAMP modifications.

"We've put a lot of effort into ensuring that our loan modifications stick, meaning that the reduced monthly payment is both affordable by homeowner on a sustained basis while at the same time returns cash flow for the investor that exceeds foreclosure value," Koches said. "We do this via a complicated, proprietary process involving technology and financial models. This effort is paying off."

Ocwen said its loan modifications bear a re-default rate of 24%, well below an industry average of 42.9%, according to federal regulators.

Write to Diana Golobay.

Disclaimer: The author held no relevant investments when this story was published.

Thursday, July 30th, 2009

The House of Representatives on Wednesday passed a bill that would grant emergency funds to the Federal Housing Administration's (FHA) mortgage insurance commitment authority for fiscal year 2009, which ends in September.

The bill, HR 3357, passed a 363-68 vote and expands FHA's insurance authority 27% to $400bn from $315bn in order to cover an expected deficiency and to allow FHA to insure as many mortgages as are expected before the fiscal year-end.

As of June 30, the FHA had endorsed $256bn of mortgages in the fiscal year to date, $59bn short of its current limit. With three months remaining in the FHA's fiscal year and monthly volume over $30bn each month in the last few months, the FHA's fund looks to run out before September.

A US Department of Housing and Urban Development (HUD) spokesperson told HousingWire the FHA is required by law to notify Congress when it authorizes insurance up to 75% of its commitment authority. FHA notified Congress by letter on June 19 and asked for $85bn of additional authority.

"The increased demand reflects the initial success of the President's recovery program to both lower interest rates and to provide opportunities for many home owners to refinance their mortgages," the spokesperson says. "The increased authority for the (mortgage insurance fund) is vital to the continued recovery of the nation's housing market."

The bill also raises Ginnie Mae's securities guarantee authority to $400bn from $300bn and allocates capital to the highway and unemployment trust funds.

Write to Diana Golobay.



Origination/Lending
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