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Archive for August, 2009

Monday, August 31st, 2009

The misfortunes of Taylor, Bean & Whitaker Mortgage Corp. (TBW) and its warehouse lender Colonial Bank dragged Ocala Funding's asset-backed commercial paper (ABCP) program into the "vortex" of financial woes, according to commentary Monday by Moody's Investors Service.

Colonial bank served as bailee for Ocala collateral, but the Federal Deposit Insurance Corp. acting as Colonial's receiver after the bank failed has yet to release Ocala collateral, putting repayment of Ocala notes in jeopardy, Moody's said.

Ocala acts as an ABCP conduit that provides warehouse funding for residential mortgages originated by TBW. Bank of America (BAC: 7.29 -0.14%) serves as trustee and administrator of the transactions under the $1.75bn program. As custodian, BofA appointed as its bailee Colonial, which delivered almost 8,000 loans to Freddie Mac (FRE: 0.00 N/A). The GSE paid $1bn for most of the loans. Then Colonial and TBW began a period of "rapid deterioration" and were soon essentially shut down by regulators.

"BoA is now disputing $1bn of Ocala's cash and mortgages at Colonial with the FDIC," Moody's said. "It is unclear how and when this will be settled and when payment on the Ocala notes will be made."

TBW filed for relief under Chapter 11 bankruptcy following moves by the Federal Housing Administration and Ginnie Mae to prohibit TBW from originating new FHA-insured mortgages or Ginnie securities. While TBW primarily originated loans for Ginnie securities, which are backed by the full faith and credit of the US government, Moody's rates six deals backed by TBW's Alt-A loans.

Moody's said it placed 50 bonds on review for possible downgrade. Some of these bonds bear high credit support — as much as 80% in some cases — although Moody's noted non-payment of interest and principal drives uncertainty of future recoveries.

The bonds backed by these transactions received no interest or principal payments during the August payment cycle, since regulators froze TBW's collection accounts. Wells Fargo Bank, acting as Master Servicer, received no remittance from these accounts on the expected date of August 18. Wells is working with TBW and regulators to lift the freeze from the collection accounts and distribute collections to investors, although Moody's said it remains uncertain whether the freeze will lift.

"At the same time, Wells Fargo is also working to organize a transfer of servicing in order to safeguard future cash flows," Moody's noted. "Wells Fargo Bank terminated TBW as servicer following an event of default unrelated to TBW’s solvency on August 12. Since TBW later filed for bankruptcy, the termination has been stayed by the bankruptcy court."

Moody's added: "The bank is petitioning the court to lift the stay and, if successful, intends to initially transfer the servicing to American Home Mortgage Servicing, Inc., which has experience in servicing similar collateral."

Write to Diana Golobay.

Monday, August 31st, 2009

Technology provider Mortech responded publicly for the first time to the lawsuit LendingTree filed against it claiming it infringed on the operating business agreement between the two firms when Mortech decided to partner with search engine firm Google.

"Mortech has a proven track record of treating all industry partners and customers with absolute respect and consideration," the company said. "We will deal with this issue in a responsible, forthright and timely fashion while upholding our commitment to supporting our customers’ success."

According to the lawsuit, Mortech, whose technology helps automate lender offers to potential borrowers, violated its contractual covenants by partnering with Google to launch an online mortgage loan aggregate service similar to that offered by LendingTree.

Mortech added: "We look forward to furthering the mortgage community through our continued innovation and dedication."

Write to Austin Kilgore.

Monday, August 31st, 2009

The Muslim Community Cooperative – Australia (MCCA) launched an real estate investment fund this week that complies with Islamic law geared toward such investors in the country.

The company said it believes it is the first such retail managed investment mortgage fund following Shariah principles, including strict guidelines on industries or services where funds can be invested.

The principles prohibit usury or interest-based investment products. Shariah principles also dictate investors must have a stake in the collateral of a debt, and that is generally accomplished by selling a portion of ownership in the collateral to the investors.

The MCCA Income Fund will be issued in September and investors can get into the fund with as little as $500. While geared toward Muslim investors, it is open to “any Australian investors seeking ethical investments that comply with Shariah principles,” MCCA said in a statement.

The fund is registered with the Australian Securities and Investments Commission (ASIC) and a product disclosure statement will be issued in September.

The news comes as another Islamic bank, Kuwait Finance House, announced it's getting back into the US residential mortgage secondary market.

Write to Austin Kilgore.

Monday, August 31st, 2009

[Update 1: Adds comment from Ellie Mae]

DocMagic filed state and federal lawsuits in United States Northern District Court, in San Francisco, against former ePASS and Reseller partner Ellie Mae for antitrust violations, intentional interference with contractual relationships, interference with prospective economic advantage and unfair competition.

DocMagic’s regulation-compliant loan document software was available to users of Ellie Mae’s Encompass loan origination software (LOS) system and ePASS workflow platform. In the suit, DocMagic claims Ellie Mae used information gleaned from DocMagic’s software integration to create its own similar and competing software product. Once it launched its own document software, Ellie Mae eliminated DocMagic access to the Encompass platform and encouraged users to switch document software products, the suits claim.

The suits also claims Ellie Mae recently modified its Encompass license agreement to prohibit users from utilizing the Encompass software development kit to transfer data from Encompass to a third party.

“These kinds of actions create unnecessary problems for our industry and the flow of business which only hurts the customers we serve, and our industry’s recovery,” DocMagic CEO Dominic Iannitti said in a statement. “This conduct has far-reaching implications for settlement service providers in general. Forcing service providers to either agree to pay whatever [Ellie Mae] demands for the privilege of ePASS inclusion, tolerate intellectual property infringement and require its LOS customers and their borrowers to use only ePASS providers is a pattern of practice that our industry doesn’t have room for, especially now.”

DocMagic said it is seeking an injunction to prohibit what it called Ellie Mae’s unfair competition practices and payment for losses of at least $5m.

On Sept. 2, Ellie Mae responded to the lawsuit.

Write to Austin Kilgore.

Monday, August 31st, 2009

July home sales in the Seattle region increase year-over-year for the first time in three years, led by an increase of transactions on homes below $300,000.

The growth of sales in lower house prices also contributed to a drop in the median sales price, ending a three-month-long streak of month-to-month gains, according to MDA DataQuick.

There were 4,221 sales of new and resale houses and condos in the Seattle-Tacoma-Bellevue metropolitan statistical area (MSA) encompassing King, Snohomish and Pierce counties. That’s an increase of 8.8% from July 2008 and 2.5% from June 2009.

It’s the highest sales total in the region for any month since October 2007 and ended a 37-month-long streak of year-over-year declines. It marks the second-lowest July total since 1994, when MDA DataQuick began compiling statistics on the region.

Last month, 48.9% of existing home sales were for less than $300,000, up from 46.5% in June and 37.6% in July 2008.

The median price dropped to $300,160, down 3.8% from $312,000 in June 2009 and down 11.7% from July 2008.

Foreclosure resales represented 16.9% of all resale activity in July, steady from June 2009, but up 5.8% from July 2008. Foreclosure resales peaked in January this year at 23.9%.

Write to Austin Kilgore.

Monday, August 31st, 2009

Discussion among market players and even Federal Reserve officials on when the Fed may begin to exit asset-purchasing programs are "very premature," according to the Federal Reserve Bank of New York president and CEO William Dudley.

In a speech Saturday before the Association for a Better New York, Dudley said agency debt- and mortgage-backed-securities-purchase programs as well as the Treasury-purchase program contributed overall to the Fed's expanded balance sheet. But the swelling balance sheet does not pose inevitable threats of inflation and do not necessitate talks of immediately winding-down the Fed's agency MBS-purchase program.

Dudley said in the case of lackluster recovery, unemployment and capacity remain too high to foster inflation, regardless of the Fed's balance sheet.

"[C]oncern about 'when' the Fed will exit from its current accommodative monetary policy stance is, in my view, very premature," he said.

He did, however, acknowledge the importance of looking at just how the Fed can exit its numerous monetary policies. The size of purchase programs looks likely to push the Fed's balance sheet to roughly $2.5trn, above the peak reached last December, Dudley said.

His comments that talks regarding when the Fed may exit are premature came days after two prominent Fed officials spoke about possible exits.

In a speech late last week, St. Louis Federal Reserve president James Bullard indicated the Fed would in 2010 begin the shift into implementing an exit strategy by eliminating the liquidity programs as they expire, exiting the current interest rate policy and ceasing the asset-purchase program. He said recent housing data indicates the market is near bottom.

"While exiting liquidity programs seems quite clear, exiting the asset purchase program may have to rely on selling assets as appropriate," he said.

The same day Bullard gave his speech, the Richmond Federal Reserve president Jeffrey Lacker said purchasing agency MBS to the extent of the $1.25trn allowed under the program may provide more stimulus than needed or even helpful.

“With the economy leveling out and beginning to grow again later this year, and with bank reserve demand ebbing as financial conditions improve, I will be evaluating carefully whether we need or want the additional stimulus that purchasing the full amount authorized under our agency mortgage-backed securities purchase program would provide,” Lacker said.

Write to Diana Golobay.

Monday, August 31st, 2009

Viral video or not, the grand prize-winning YouTube video will earn its maker a check for $9,000 or roughly three months of mortgage payments.

Building product manufacturer James Hardie Building Products (JHX: 38.62 -1.35%) unveiled a new contest for consumers of its exterior home siding.

James Hardie asks contestants to submit a YouTube video no more than three minutes long, showing the front-facing exterior of their home and completing the statement, "I love my Hardie home because…."

The contest runs through October 26 and will grant the winner "three months of mortgage payments," according to a press release, to be awarded as a check for $9,000.

"The idea grew from the company's participation in social media," said Prashant Panchal, James Hardie's head of marketing. "Fans of our product often send us unsolicited photos — as a show of pride — so we thought a contest combining our customers' love of their Hardie Homes with our foray into social media would be a great way to reward that kind of product loyalty."

Indeed, consumers may be hard pressed to shop around for exterior siding if their current provider took on three months of mortgage payments. With all that extra cash, the winner may even spring for other home improvements, or a humongous flat-screen television to watch that winning video in high-definition.

Monday, August 31st, 2009

As the October 1 deadline for new mortgage advertising standards looms, the Federal Deposit Insurance Corporation (FDIC) is reaching out to consumers to explain the changes, along with other upcoming changes in mortgage policy.

In the latest quarterly edition of its “Consumer News” report, the FDIC outlines new rules for advertising, Truth-in-Lending disclosures and the broker registration requirements outlined in the Secure and Fair Enforcement (SAFE) for Mortgage Licensing Act.

Beginning October 1, mortgage lenders cannot advertise a mortgage product as having a "fixed" rate or payment if in fact the rate or payment is subject to change. Lenders must also disclose in advertisements whether minimum payments on specific mortgage products result in a lump-sum "balloon payment" due at the end of the loan term.

Published by the FDIC’s public affairs office, the newsletter outlines policies created and enforced by the Federal Reserve and the Department of Housing and Urban Development (HUD).

“The new rules recognize that disclosures alone can't always protect mortgage borrowers from the harm caused by unfair and abusive lending practices,” said Mira Marshall, an FDIC section chief specializing in consumer issues. “Now some specific, clear prohibitions will help safeguard consumers.”

The newsletter also provides consumer information on new regulations for credit cards and information about how the FDIC’s deposit insurance program works.

Organizations can download the bulletin for free from the FDIC and distribute it to clients.

Write to Austin Kilgore.

Monday, August 31st, 2009

Moody's Investors Service placed 64 classes from four commercial mortgage-backed securities (CMBS) transactions on review for possible downgrade on exposure to loans sponsored by Babcock & Brown Ltd. (BBL).

The reviews affect approximately $3bn of Credit Suisse Commercial Mortgage Trust (CSCMT) structured securities.

Four of the five BBL-sponsored portfolios reside in special servicing on 30-day delinquencies, indicating likely losses that will affect the CMBS deals. All of the loans are backed by geographically diverse multifamily properties — usually older Class-B and -C properties — and are encumbered by mezzanine debt, Moody's said.

Credit uncertainty within BBL triggered the reviews, as loans representing "a material share" of outstanding balances within the deals are facing review on possible or anticipated losses. Last week, BBL's creditors voted to liquidate the company, Moody's said.

"According to information provided on BBL's web site, this is not expected to have any material impact on the main operating and asset owning entity, Babcock & Brown International Pty Ltd," Moody's said. "BIBIPL will continue to operate and will proceed with the orderly realization of assets over an approximate two to three year time horizon to reduce debt."

Moody's will study the progress of the BBL liquidation and potential losses on specially serviced loans, as well as the performance of the overall pool, when reviewing the affected classes.

Write to Diana Golobay.

Monday, August 31st, 2009

The wholesale mortgage division of Coastal Banking Company (CBCO) reached the $1bn milestone for loan production.

The Atlanta-based lending division started originating loans in September 2007 as the bank shifted its strategy away from commercial real estate loans and increased focus on single- and multi-family residential mortgages.

CBCO operates the Beaufort, S.C.-based Lowcountry National Bank and the Fernandina Beach, Fla.-based First National Bank of Nassau County. The bank’s mortgages are full-documentation, conforming loans and most are pre-sold to the secondary market. The bank also holds $38m in its portfolio.

“[W]e entered the wholesale mortgage industry at a time when many mortgage lenders were exiting the business, leaving a gap in service,” said Charles Wagner, senior vice president of CBC National Bank’s wholesale division, in a statement. “In addition, we were able to create the division with nominal operational costs and free of the risk exposure that was troubling much of the industry due to past liberal lending practices. Our growth to date has far exceeded our expectations, and the division has been a significant contributor to CBC National Bank’s earnings.”

The bank received of funds from the Treasury Department's Troubled Asset Relief Program (TARP) Capital Purchase Program, which it said allowed it to double its level of wholesale lending during the first six months after receiving the funds compared to the prior six-month period.

Last year, the bank obtained approval to originate Federal Housing Administration (FHA) insured loans, which now make up one-third of its total loan volume.

It currently originates more than $81m in mortgages every month and said it plans to expand its mortgage business in Georgia, South Carolina and north Florida.

Write to Austin Kilgore.



Origination/Lending
Kenneth Bacon, executive vice president of the Fannie Mae multifamily mortgage business, is retiring after 18 years at the mortgage...

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Servicing/Default
The serious delinquency rate for Federal Housing Administration mortgages reached 9.6% in December, the highest level in more than two...

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