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Archive for September, 2009

Monday, September 21st, 2009

Commercial real estate property prices slipped 5.1% in July, and are down 30.8% from the same time last year. The month's decline put values 38.7% below the October '07 peak, according to the Moody's/REAL Commercial Property Price Index (CPPI).

Sales counts also declined from the previous month, with just over 300 transactions totaling $3.6bn in July, Moody's Investors Service said.

Apartment properties in the Eastern region are holding up better than the nation, while they sit at their lowest recorded level in the Southern region. Retail and office property prices dropped sharply in the Southern California region after their peak.

Annual declines hit San Francisco's office property market the hardest, declining 27% over the past year. Florida's apartment index continues to drop, having fallen nearly 50% from peak.

The deteriorating commercial property prices come at the same time a Moody's Economy.com analyst projects at least another decade will pass before housing prices return to peak 2006 levels.

Write to Diana Golobay.

Monday, September 21st, 2009

It's the latest innovation during the US foreclosure crisis: the bank branch robbery.

A 69 year-old Californian homeowner allegedly robbed a Bank of America (BAC: 7.29 -0.14%) branch in order to pay off his mortgage at its 17% interest rate.

An interesting post at RightJuris.com has the scoop.

The man claimed to need $50,000 to save his home from foreclosure but left the bank with $100,000, according to the post. He would not get far enough to make the payment, however.

The man later said he wanted to "get the money and get the hell out of there," but he got a lot more when authorities arrested him.

"I don't do this kind of [stuff]. I was stupid," he said in a post-arrest interview.

A clip of the interview is available to watch below.

Monday, September 21st, 2009

The market for commercial mortgage-backed securities (CMBS) experienced a rally last week following the issuance of new guidelines regarding acceptable loan modifications within real estate mortgage investment conduits (REMICs).

The total reach of the new rules may not go so deep, however, as to help some underwater borrowers, according to one research firm.

New tax rules that took effect last week may increase the occurrence of modifications within CMBS by lifting a tax penalty on changes made to commercial mortgage pools after their inclusion in a securitization vehicle. The changes triggered a narrowing of CMBS spreads despite investor uncertainty of the effect on securities.

Banc of America Securities – Merrill Lynch (BAS-ML) commentary last week indicated researchers expected positive CMBS credit performance, although the market experienced a strong rally in below triple-A bonds in the CMBS market.

Despite the unexpected response, the changes appear unlikely to have an effect on all borrowers.

"[O]ur view is that for loans that are deep underwater, and there are many of these, the new guidelines would not help," BAS-ML researchers said in market commentary. "Loans where the borrower is already turning over the keys and not even attempting to initiate discussions with the servicers come to mind."

The price action seen in the market in response to the changes indicates either the changes to the REMIC tax rules are "more powerful that [BAS-ML researchers] have given them credit for" or lower than anticipated tranches are the ones on the "cusp of survival."

The market rally may also have something to do with the growing role of the government in heading off the wave of growing problems in the sector, BAS-ML said. The market may grow more optimistic as government has more involvement in watching and regulating the commercial real estate space.

Bids for loans to purchase legacy CMBS through the Term Asset-Backed Securities Loan Facility are in decline, however. BAS-ML noted the 38.6% decrease of bids to $1.4bn from $2.3bn last month is partly due to summer-end holidays and a trend of investors buying closer to the facility date in order to reduce volatility risk. the drop-off in bids may also be due to some uncertainty over what collateral will be acceptable to the New York Federal Reserve, the researchers said.

Similar uncertainty on the Fed's acceptance and rejection process led Barclays Capital recently to urge disclosure by the Fed. Greater disclosure of the standards and procedures would ease investors and lead to a larger volume of bids.

"Although no surprise, there were also no new issues brought to market in September under the TALF program (the fifth straight month)," BAS-ML researchers wrote. "We think there is a chance that October brings the first such deal but there is no guarantee."

One reason for the low interest in new issues is the ability of REITs to raise money in the unsecured market. A handful have already issued debt since the middle of summer, raising millions of dollars as investors look to take advantage of the glut of distressed assets hitting the market.

Write to Diana Golobay.

Monday, September 21st, 2009

British Land is forming a joint venture designed to reduce the company's exposure to large single-asset concentrations. The joint venture — with Blackstone Group — focuses on British Land's holdings in Broadgate, a 30-acre office property in London.

Blackstone acquires a 50% interest in Broadgate, which is valued at £1.07bn (US$1.73bn).

British Land benefits from the joint venture through a reduction in relative scale within its portfolio of a long-term development and investment project in a cyclical sector. The company also reduces its concentration risk at the location, which mostly serves the financial services industry. Broadgate represents 27% of the portfolio — British Land's largest asset — with that share reducing to 16% after the transaction.

“The transaction increases our capacity for profitable investment opportunities elsewhere as we reinvest in more diversified, liquid assets," said chief executive Chris Grigg in a statement. "We have selected Blackstone as a valued partner with excellent financial strength and real estate capabilities.”

British Land acts as asset manager and administrator for the joint venture, while Broadgate Estates remains a wholly owned subsidiary.

The joint venture will own the 14 securitized Broadgate buildings. British Land and Blackstone share equally in the returns from the 4.4m square feet of space, as well as in any future capital requirements.

Write to Diana Golobay.

Monday, September 21st, 2009

The founder of Foreclosure.com launched a Web-based short sale offer management system.

Brad Geisen said his new system, Quicksale.com, handles marketing, processing negotiating and closing services and pays real estate agents a commission when they facilitate short sales through the site.

“Banks lend money, they're not in the business of marketing and selling real estate — certainly not on today's current scale — and their loss mitigation departments are just too overwhelmed at this point, Geisen said. “QuickSale.com is a structured tool that provides much-needed support and relief.”

He added, “It short circuits the entire foreclosure process to ensure the best possible outcome for all parties involved.”

Write to Austin Kilgore.

Monday, September 21st, 2009

Auctioneer Kennedy Wilson will put nearly 100 real estate-owned (REO) dwellings located throughout Georgia on the auction block on October 4.

The portfolio of single-family homes, condominiums and duplexes are located throughout Atlanta, Albany, Alpharetta, Carrollton, Decatur, Marietta and Odum, among other Georgia communities.

Opening bids for some of the homes start at as low as $3,000. Prospective buyers can also make offers on homes online before the auction takes place.

For those bidders looking to participate in the live auction, registration is free and the event will be held at the Doubletree Atlanta NW. Bidders must prove eligibility with a $2,500 cashier’s check for each home they are interested in bidding on before the auction takes place.

Write to Austin Kilgore.

Monday, September 21st, 2009

At least another decade will pass before housing prices return to peak 2006 levels, according to an analyst at Moody’s Economy.com.

Analyst Celia Chen wrote that housing prices will decline for another year, and that the Standard & Poor’s/Case-Shiller housing price index will fall 40% from the 2006 peak with housing bottoming out in Q210 before rebounding.

“The correction will be not only deep but also lengthy,” Chen wrote. “The national price level will not regain its 2006 high until 2020, a peak-to-peak housing cycle of 14 years.”

The projection seems conservative in light of historic data. Chen wrote that after the Great Depression, national housing prices took nearly 20 years to return to the peak. Chen added 15 years passed since Japan’s residential market lost half its value and there are no signs yet of a recovery.

According to the report, housing prices will regain normalized rates of appreciation during the first five years of the recovery. But the decline in prices and the subsequent recovery vary by region to region. In some states, prices will decline 6% or less and recovery will come before 2014. Other areas that have experienced declines of more than 46% won’t get back to 2006 prices until 2023.

Write to Austin Kilgore.

Monday, September 21st, 2009

More than four months into the Home Valuation Code of Conduct (HVCC), and industry players are still grappling with the implications of the sweeping code.

Deputy general counsel and chief compliance officer at Lender Processing Services (LPS: 16.78 +1.39%), Donald Blanchard, recently shared his view of the HVCC, which took effect May 1 and changed the way the industry orders appraisals.

The HVCC applies to loans purchased by the government-sponsored entities (GSEs) and aims to enforce greater independence of appraisers. It was adopted to eliminate the trend of "hired guns" where lenders used a group of preferred appraisers that supposedly met a certain desired value, according to LPS' Blanchard.

The former president of Title Appraisal Vendor Management Association (TAVMA) said the HVCC did not create the Appraisal Management Company (AMC) model, despite some misinformation in the industry. While LPS remains neutral on the HVCC itself, he said use of an AMC by a lender is only one option to achieving compliance in ordering appraisals.

In an exclusive interview with HousingWire, Blanchard debunked several such HVCC "myths," including a consensus that HVCC is pulling down house values — as some opponents argue appraisers compare new houses with distressed sales in the same area. HousingWire's sources have long said comparing distressed sales is relevant as an overall market view.

Blanchard said the HVCC opponents are responding to their disappointment in declining property values. He noted another major myth circulating in the industry is that AMCs bring outside appraisers from up to 50 miles away. Such proximity claims are not plausible, he said, due to Uniform Standards of Professional Appraisal Practice (USPAP) requirements that appraisers decline jobs that do not meet certain proximity standards.

What HVCC did was essentially prohibit brokers from hiring appraisers by requiring all loans bought by the GSEs to be closed based on appraisals ordered by lenders, Blanchard said. Brokers tended to pay their preferred appraisers more than AMCs even before HVCC took effect.

"It doesn't surprise me that once they're not being paid directly by mortgage brokers and are now being paid and managed by AMCs, many appraisers are not happy with the reduced fees," Blanchard said. "I'm sure there are reductions from the fees paid by brokers."

He indicated the higher fees paid by brokers played into what New York Attorney General Cuomo did in pursuing the HVCC in the first place when such preferred appraiser relationships seemed to come in at higher values.

"He was worried about guns for hire," Blanchard said. "He was worried about appraisers who were hired by mortgage brokers who came in at the value every time."

He added: "Frankly, I think AG Cuomo was right. Overvaluation has been a major issue during the current recession in housing prices. The HVCC was adopted to eliminate that."

As for some HVCC opponents that say AMCs take significant cuts of appraisers' fees — to the tune of 50%, according to some sources — Blanchard said LPS' AMC, called LSI, receives "a smaller percentage" than many people in the industry seem to think. He could not offer a specific figure.

Although the use of AMCs is only one option available to lenders seeking HVCC compliance — software providers, for example, offer suites designed to achieve compliance — Blanchard said working outside an AMC is "unlikely." Outsourcing the appraisal process is often seen as a necessary, cost-saving method that is less labor-intensive than managing the process in-house.

Blanchard added there has been a lot of consolidation in the industry to the point that the top lenders do the majority of the market share of mortgages. He said these large lenders uniformly decide to outsource the appraisal process.

"The centralized use of an appraisal management system, whether you do it in-house or externally, is really mandated by today's turn time requirements," Blanchard said.

Some appraisers complain the turn times are unrealistic — as quick as a day in some cases — while other mortgage market players have said the HVCC is causing delays in closing mortgages due to faulty appraisals. But Blanchard indicated LPS' AMC, called LSI, has seen no significant delay in turn time, as the process remains under a week.

"The lenders' own requirement for turn times and speed have set the standard for all of us — the AMCs, the individual appraiser, the realtor, the broker," he said. "Those benchmark requirements are set by the consumer."

Blanchard said he used to see the appraisal process take two or three weeks. Electronic documentation, e-signs and e-closings led to a newer, faster appraisal process. It's a fast, secure way to share documents that cuts out the courier time seen before. While Blanchard said he sees room to improve efficiency and reduce turn time, he worries "a little bit" about a push for speed.

"I think we may be reaching the point of — I don't want to say diminishing returns — but we've taken a closing that used to take weeks and we now have it down to days," he said. "I think the regulators will require us to maintain quality even as we reduce turn times."

Write to Diana Golobay.

Monday, September 21st, 2009

Real estate investment trust (REIT) Invesco Mortgage Capital (IVR: 15.81 -0.25%) announced its common shares will be added to multiple equity indices produced by Russell Investments.

The REIT had its initial public offering in June At the close of markets on September 30, its shares will be listed on the Russell 2000, Russell 3000 and Russell Global indices.

The indices are used by investors for index funds and as a benchmark for passive and active investment strategies.

The REIT focuses on financing and managing residential and commercial mortgage-backed securities and mortgage loans.

It is externally managed and advised by Invesco Institutional, a subsidiary of Invesco Ltd. (IVZ: 22.99 +0.92%).

Write to Austin Kilgore.

Monday, September 21st, 2009

[Update 1: Adds confirmation from Granger's office]

The Social Security Administration (SSA) plans to raise its fees for verifying mortgage borrowers’ identities, a move that is facing Congressional opposition.

The fee for mortgage and financial institutions to authenticate borrower Social Security numbers is set to increase from $0.56 to $5.00 per verification on October 1. But Rep. Kay Granger (R-Texas) is said to be leading a Congressional challenge to the increase, according to a statement from Rapid Reporting, a Fort Worth, Texas-based national provider of third-party income, identity and employment verification services.

In a letter to SSA commissioner Michael Astrue, Granger said the fee increase has the potential to discourage lenders from using the administration’s Social Security Number Verification Service (SSNVS), opening the door for mortgage fraud abuse.

Granger is said to have called for a 60-day delay of the increase to give the matter further study, a request Astrue denied, but a meeting is scheduled for Tuesday between Granger and representatives from the SSA to discuss the implications of the fee increase.

A spokesperson from Granger's office confirmed the letter was sent to Astrue and Tuesday's staff-level meeting.

“With lower loan production and lenders’ increased focus on cutting costs, this fee increase could have a highly detrimental impact on the mortgage industry, as well as the US and global economies,” said Jay Meadows, CEO of Rapid Reporting. “While unfortunate, it’s a definite possibility that lenders will avoid using these higher priced CVSB-based Social Security number authentication, even though it’s a reliable way to protect against identity fraud.”

As HousingWire reported last week, the FBI is cracking down on mortgage fraud, and other federal and state agencies are also stepping up enforcement.

Meadows added increasing the cost for lenders to screen for fraud would hamper industry efforts to recovery from the housing downturn and make efforts to curb fraud less effective.

If the fee increase goes through as scheduled, Meadows said the higher rate is still less than the losses incurred from a fraudulent loan.

“Lenders need to remain diligent in their efforts to combat fraud,” Meadows said. “With buy-backs costing companies hundreds of thousands of dollars per incident, even adding a few extra dollars per applicant still brings about a strong return on investment.”

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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