Archive for October, 2009
A look at the stories on HousingWire’s weekend desk…with more coverage to come on bigger issues.
A number of supporters called for the formation of the proposed Consumer Financial Protection Agency (CFPA), on the heels of comments from President Obama Friday. From his remarks:
“In a financial system that's never been more complicated, it has never been more important to have a watchdog function like the one we've proposed. In the past, a lack of clear rules led to innovation of the wrong kind: The firms that did best were the ones who did the best job of hiding the real cost to consumers. We don't want them competing by figuring out how much they can fool ordinary Americans.”
The National Black Caucus of State Legislators (NBCSL) issued a statement in support of the agency, saying its formation will be crucial to restoring integrity in the nation’s financial markets. NBCSL president Calvin Smyre had this to say:
“Local and community-based banks will benefit from the CFPA because it will level the playing field between banks and non-banking financial entities such as mortgage finance companies which are largely immune to federal regulation. The current system puts local community banks at a competitive disadvantage because they must deal with higher regulatory standards in comparison to financial institutions. Consumers, the backbone of the American economy, will also benefit from the CFPA because it provides them with stronger protection through better enforcement and simplified disclosures to help avoid costly penalties.”
Operation Hope, a non-profit “social investment banking and financial literacy empowerment” organization, also called for the formation of the agency. Chairman and CEO John Hope Bryant had the following to say:
“We believe that consumer protection ultimately needs to address the issue that helped to cause the crisis — regulating the largely unregulated financial service space, including unregulated and under-regulated mortgage bankers, mortgage brokers and other alternative financial service providers, as well as mainstream institutions. We believe that the ultimate answer should support consumer protection, a new and serious focus on financial literacy, encourage fair and reasonable access to capital, and help to support what we call 'good capitalism' — or a free enterprise and capitalism that uplifts, includes and empowers the poor and the under-served.”
Sterling Home Retention Services, an Orlando-based loss mitigation fulfillment firm, said its successfully offered Making Home Affordable Modification Program (HAMP) workout plans for 60% of eligible borrowers, above the US Treasury’s average of 9% for all HAMP servicers. From CEO Ron Morgan's statement:
“It takes much more than sending a letter informing borrowers of the HAMP program. We’ve found that it takes a persistent, proactive and highly personal approach to find the right contacts and communicate the HAMP message effectively. It takes trained people, lots of them, and nationwide there just aren’t enough of them to address the problem. So we created a technology platform that enables fewer people to perform the work of many.”
Casino developer Wynn Resorts announced the pricing of $500m of aggregate principal amount of new 7.875% first mortgage notes, due 2017. The notes will be issued at a discount of 97.823% of par, the company said.
Wynn Las Vegas said it will use the net proceeds of the offering to repay outstanding amounts of its revolving credit facilities and term loan facility.
The new notes will rank "pari passu" — or on equal footing — in right of payment with outstanding 6.625% first mortgage notes due 2014 and will be senior secured obligations of the issuers.
The number of Federal Deposit Insurance Corp. (FDIC)-insured institutions closed this year held at 98 Friday, as no banks were shut down this weekend. It’s the first week since June 12 that the FDIC hasn’t announced a weekly round of closings.
More than six of 10 households that opened checking accounts as part of a promotion to obtain a reduced rate on a loan keep the account open and active, according to research released in Raddon Financial Group’s “Raddon Report.”
Raddon, a Lombard, Ill.-based financial research firm, survey 1,155 households and responses were weighted to reflect the nation’s demographic composition. About 23% reported the account was open but dormant and 17% said the account was closed.
HousingWire takes a deeper look into the credit union industry’s push into the mortgage origination space in the November issue. Among many strategies, credit unions are recruiting customer-members by offering low-interest loans tied to new checking accounts.
Write to Austin Kilgore.
The housing market may have reached a bottom, but investors should not expect the market to return to pre-bubble conditions when prices and sales ran up unsustainably, according to a structured products research report by Wells Fargo Securities.
The market can also expect heavy losses among Option adjustable-rate mortgages (ARMs), a product that allowed negative amortization by letting borrowers choose to pay only the minimum monthly payment. Fitch Ratings expects significant payment shocks over the next several years as a wave of Option-ARMs recast from the minimum amount to a fully amortizing principle and interest payment. These recasts are expected to drive substantial losses among the Option-ARM sector.
"Several of our investors have questioned the current loss severity in light of negative amortization and home price decline," researchers wrote in the report. "Our analysis suggests that option ARM loss severity will likely range between 60% and 70% provided home prices have stabilized."
Wells Fargo researchers said investors can instead look for a return to longer-run measures. Existing home sales excluding foreclosures are likely to cap at around 3m units annually. foreclosure sales are likely to contribute 1m transactions to total sales, with a peak in foreclosure rates likely to occur in mid- to late-2010 between 1.8m and 2m units.
"Overall, our forecast implies a total of 7.2 million foreclosure units by 2014," researchers wrote. "Although the foreclosure inventory will likely dampen home price appreciation, we believe most of the home price damage due to foreclosure inventory is done and that home prices will likely remain stable over the period."
In light of the projections, Wells Fargo revised its loss estimates on various credit sectors. Wells Fargo researchers expect cumulative losses on prime ARMs to range from 2% among '04 vintages to 6% among '07 vintages. Cumulative losses should range between 6% and 11% among Alt-A/B ARMs and between 11% and 36% among subprime ARMs.
Write to Diana Golobay.
During the recent foreclosure crisis, borrowers are surrounded by law firms and third-party corporations promising passage into the safe waters of modifications – for an upfront fee.
The Law Office of Barsness & Cohen discounted its eBook on how borrowers can modify a loan themselves. The firm marked the “mod-in-a-box” package down to $99 from $249, according to a corporate release.
The book was written by a California real estate attorney, and the release even warns consumers to avoid paying an unqualified company for a loan modification. Instead, as Barsness & Cohen suggest, “you can do it yourself and save.”
Opening up the box, borrowers find sample hardship letters, forms and advice on how to deal with the lender. It's the advice that the California Attorney General’s office has a problem with.
“The do-it-yourself loan mod packages that are being sold for $99, the danger there is that they are faulty legal advice,” according to the California Attorney General’s office. “They don’t really help, because you have to go to your lender anyway.”
Behind the assuring messages of modification essentially lies a middle-man selling a shaky sense of security — or, at worst, nothing at all. Families desperate to save their home are attracted to that sense of security, that peace of mind they are doing everything they can. But if the third-party charges upfront and dashes, the family once happy just to be working toward a modification might be digging their own grave.
“Never, ever pay advanced fees, and don’t ignore the problem,” said the California Attorney General’s office. "Go to your lender or go to a non-profit.”
For a more in-depth look into the victims of loan modification scams and their affect on the servicing industry, see the November issue of HousingWire.
Write to Jon Prior.
House listings in 26 different US metropolitan regions declined on a month-over-month basis for the 15th straight month, according to real estate brokerage ZipRealty (ZIPR: 1.08 0.00%).
The total number of single-family homes and condos listed for sale decreased 1.8% from August to September, bringing the total number of active listings to 642,308. On a year-over-year basis, the US housing inventory is down 27.1%.
Austin, Texas and Los Angeles had the greatest percent decrease in inventory from August to September at 4.7% each, followed by Las Vegas (4.4%), Orange County (4%) and Miami (3.5%).
Boston's inventory grew the most (2.2%), followed by Baltimore (1.5%) Sacramento (1.3%) and Charlotte (0.2%) as the regions surveyed with increases in inventory.
The data is based on multiple listing service records ZipRealty compiled at the end of the month and does not include the shadow inventory of already foreclosed homes banks haven’t released to the market.
Write to Austin Kilgore.
Freddie Mac (FRE: 0.00 N/A) officially announced the creation of its pilot program to provide standby commitments to purchase qualifying loans in the event a seller/servicer either cannot meet its contract obligations or fails.
One of the first warehouse lenders to participate in the program is Natty Mac. Freddie Mac sellers and servicers that participate in the program are required to enter into a separate agreement with the participating warehouse lender for a separate warehouse credit line that will only fund loans the seller/servicer intends to sell to Freddie Mac.
“The warehouse lending industry has nearly exited the market making it increasingly difficult for lenders to fund loans,” said Freddie Mac CEO Charles Haldeman Jr. “We're proud to help bring much-needed additional liquidity to the residential and apartment financing community.”
When HousingWire reported on the plan earlier this week, community banking advocates praised it as a way to reduce risk for warehouse lenders and promote liquidity for small lenders.
Write to Austin Kilgore.
Positive signs of economic recovery — led by summer gains in house prices touted by industry participants — should not be overstated as adjustments still need to be made to strengthen the weak economic growth, according to Federal Reserve governor Daniel Tarullo.
“After a period in which there seemed to be only two plausible scenarios — very bad and even worse — financial and economic conditions have steadied,” Tarullo said Friday in an address to Phoenix-area community leaders.
At the same time, he indicated the securitization market often faces blame for the extent of the economic fallout related to a wave of structured finance that failed to perform to the industry's expectations. Instead, the industry should embrace ways securitizations of sound loan products can potentially drive further recovery by providing credit.
Tarullo said that each financial crisis has its own narrative, but that each share common elements that must be understood before fashioning a response.
“Instead of tulips in the seventeenth century Dutch Republic, South Sea Company stock in eighteenth century England, or the Nikkei and real estate in late twentieth century Japan, we had subprime mortgages and securitizations,” Tarullo said.
Tarullo called for an improvement in regulations both centered on financial firms and the linkages between them and the markets that could cripple the entire financial system if failures are realized.
The speech was prompted by Tarullo’s conversations with bankers, business people and consumers about a return to normalcy in the credit markets.
“During these discussions I have realized that just about everyone understands we will never return to the credit markets of the middle part of this decade, but very few people believe they understand what the 'new normal' will look like once the crisis has fully passed and the economy is on a sustained recovery path,” Tarullo said. “I suspect that this uncertainty is itself an impediment to stronger growth, since it makes financial planning more difficult.”
Tarullo said that the industry should welcome the demise of some features of the pre-crisis credit world such as subprime lending. But Tarullo said that securitization is not to blame despite reckless practices and the risk of exotic financial instruments.
“There is little to lament in their disappearance. But securitization is not in and of itself a bad thing. On the contrary, a well-functioning system for securitizing well-underwritten loans can make capital available at lower cost to businesses, homeowners, and retail consumers,” Tarullo said.
But beyond the complicated structures on Wall Street, Tarullo urged consumers to also make a needed adjustment.
“The habit of building personal savings predominantly through appreciation of one's home is one that many Americans will have to change,” Tarullo said.
The adjustments by individuals, financial firms, businesses, regulators and nations are a mandatory prerequisite to the end of the crisis, Tarullo said.
“How deftly we adjust is the question whose answer will weigh heavily in our nation's economic performance over the next decade,” Tarullo said.
Write to Jon Prior.
Brad Cheney joins the Mortgage Bankers Association (MBA) as director of legislative affairs and Pace Bradshaw is promoted to director of government affairs.
Previously Cheney served as chief of staff for California Democrat Brad Sherman, where he was responsible for running Sherman’s Washington, DC office. Cheney will join the MBA’s other Capitol Hill lobbyists.
“MBA is excited to add Brad’s energy and expertise in lobbying for the issues important to our members,” said MBA senior vice president of government affairs Steve O’Connor. “He brings with him valuable experience and knowledge which he will put to use on the industry’s behalf.”
Bradshaw started at the MBA in 2006 and in his new role, will continue to lobby members of the House and Senate on association issues.
“Pace has worked closely with MBA’s members and has been a crucial part of our lobbying team as the industry has faced unprecedented attention from policy makers on Capitol Hill,” O’Connor said. “He has demonstrated a thorough understanding of the critical issues facing our industry and advocated tirelessly on behalf of MBA’s members.”
Both will report to MBA vice president of legislative affairs Thomas Koonce.
Write to Austin Kilgore.
The House of Representatives unanimously passed a bill that calls for a one-year extension of the first time homebuyer tax credit for service members serving overseas.
The bill passed 416-0, and is now in the Senate for consideration.
“I am pleased that Congress has decided to move forward to include my legislation in this homeownership assistance package for our service members,” said the bill’s author, Rep. Ron Kind (D-WI). “Service members should have every opportunity to succeed and enhance their life when they return home, and this bill will help them do just that.”
The extension is for service men and women, members of the Foreign Service and intelligence community who served on official extended duty service outside the US for at least 90 days in 2009, and their spouses. The bill also eliminates the repayment penalty for first-time homebuyers if the service member sells his or her home within three years of purchase because of deployment.
The bill comes as many in the housing industry are calling for an extension and expansion of the $8,000 tax credit that is currently set to expire on Nov. 30, and there is a bill in the Senate that would extend the credit for all first-time buyers for six months..
Some have estimated the tax credit has brought as many as 400,000 new homebuyers to the market that otherwise wouldn’t have purchased. But as HousingWire previously reported, a survey conducted by Harris Interactive on behalf of Zillow.com showed nearly one-third of prospective first-time homebuyers said an extension of the tax credit would have “no influence” on their decision to purchase a home in 2010.
Write to Austin Kilgore.
The Commercial Mortgage Securities Association (CMSA) and Mortgage Bankers Association (MBA) sent a comment letter this week to banking regulators, requesting capital requirement relief for certain structured finance products under new accounting rules set to go into effect in 2010.
The joint letter — filed at the Federal Reserve, Federal Deposit Insurance Corp. (FDIC), Office of Thrift Supervision (OTS) and Office of the Comptroller of the Currency (OCC) — addresses proposed risk-based capital treatment of residential and commercial mortgage assets backing private-label securitizations.
The letter (available to download here) raises industry concerns over the Financial Accounting Standards (FAS) 166 and 167, which were drafted by the Financial Accounting Standards Board (FASB) in June. The proposed changes take effect Jan. 1, 2010 and will require assets and liabilities of special purpose entities (SPEs) like mortgage-backed securities (MBS) to come onto the balance sheet of the issuer, servicer or special servicer. The standards will immediately apply to all existing MBS and commercial MBS, as well new MBS and CMBS issued after January 1.
“FAS 166 and FAS 167 will require hundreds of billions of dollars of assets to come onto the banks’ balance sheets on Jan. 1, 2010,” said John Courson, MBA’s president and CEO, in a statement. “These assets would immediately require an allocation of capital under the regulatory capital rules proposed. Coming at a time when regulatory capital is already a scarce resource, it may hinder the current economic recovery underway.”
The regulatory agencies that use the generally accepted accounting principles (GAAP) like FAS 166 and 167 as a baseline for assessing regulatory capital requirements will not grant relief for these assets and liabilities, the letter said. Forcing banks to account for these assets and liabilities essentially overnight on January 1 would present a significant financial burden if capital requirements are not loosened.
The CMSA and MBA recommended the regulators grant capital relief if a security meets certain structures. In cases where the transferor acts as primary beneficiary, capital relief should be granted if the transfer meets all other criteria for sale accounting under FAS 166.
Relief should also be granted in cases where the beneficial interest holders of the affected variable interest entity (VIE) have no recourse to the general credit of the primary beneficiary, and in cases where the VIE's assets can only be used to settle the VIE's obligations, the joint letter said.
The CMSA and MBA also called for capital relief in situations where no explicit arrangements or implicit variable interests exist that provide financial support to the VIE. Servicing advances should not be counted as such an arrangement or interest, as advances are required only if the servicer determines them to be collectible, the letter added.
Write to Diana Golobay.













Sure it would make for a long hike up 60+ stories if the elevator were out of service, but the view makes up for it. Nestled in a luxury condominium atop one of New York's most famous — perhaps infamous — pieces of commercial real estate, any buyer could easily forget that inconvenience.
And all for a minimum $1,000 per square foot.
The former headquarters of American International Group (AIG: 25.25 +0.44%) — yes, that 70 Pine Street — will soon be renovated into high-end condos. A post at the Wall Street Journal has the details.
The developer, Young Woo, bought the building for $150m, or $105 per square foot, and expects to sell the finished condos for at least $1,000 but as much as $2,000 per square foot.
The building dates back to the 1930s and is well known for its role in housing the corporate business of AIG before the company faced financial fallout from its business with credit default swaps (CDS). The business went sour after the real estate-related assets underlying these CDOs defaulted at massive rates.
And, at $2,000 per square foot, the AIG tower's rennovated condo setup will present a significant real estate investment to the new residents.
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