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Archive for January, 2010

Friday, January 22nd, 2010

SunTrust Banks (STI: 20.61 +0.54%) posted a net loss of  $316.4mfor the fourth quarter of 2009, and a full-year net loss of $1.73bn, compared with $741m of net income in the previous year. Loss expectations in the mortgage unit drove the results, as the company bolsters its reserve for expected mortgage loan repurchases.

Mortgage production-related income declined $40.2m in the quarter. SunTrust expects $220.2m of losses related to the repurchase of loans sold to third parties, compared with $60.4m in Q408.

The quarterly noninterest income was up slightly, according to the earnings statement. SunTrust experienced lower mortgage market-related losses, but this good news was offset by a decline in mortgage production income. The mortgage unit's results were affected by anticipated losses on loan repurchases.

SunTrust, like many banks that sell loans to third parties, is sometimes asked to bear losses when loans are determined to breach standard representations. The volume of requests for SunTrust to repurchase these mortgages rose each quarter in 2009, according to the earnings statement.

Each quarter the company updates its loss estimate to reflect those requests, and as a result the reserve for loan repurchases rose by $77.2m to $199.9m as of year-end 2009. SunTrust said the volume of repurchase requests shifted during the course of the year from 2006 and earlier vintages towards 2007 and later vintages.

"SunTrust believes its ultimate losses on newer vintages, particularly 2008 and later, may be lower than older vintages due to lower loss severities, a lower risk product mix, and enhanced underwriting guidelines and operating procedures," SunTrust said in the earnings statement.

Mortgage servicing income increased $382.8m compared to Q408. The mortgage servicing portfolio was $178.9bn as of Dec. 31, 2009, up from $162bn as of Dec. 31, 2008. During the quarter, Sun Trust recorded $72.8m of net gains from the sale of available for sale securities, net of a $3.9m other-than-temporary impairment on private mortgage-backed securities.

For the Q409, net charge-offs were $820.5m, down $185.4m, or 18.4%, from the previous quarter. The improvement drove the ratio of annualized net charge-offs to total average loans down 50 bps to 2.83%.

Write to Diana Golobay.

Friday, January 22nd, 2010

The Department of Justice and Internal Revenue Service (IRS) reached plea deals with two more defendants in an Ohio mortgage fraud scam that’s already seen three other defendants make plea deals early last year.

According to the Justice Department and IRS, Dennis Sartain of Hilliard, Ohio and Bonnie Helt, of Columbus, Ohio were involved in straw buyer mortgage fraud scam. Sartain was allegedly the accountant for the scam’s ringleader, Thomas Parenteau, a luxury homebuilder in Ohio. Helt was a real estate agent working for Parenteau, according to indictment and statements made at the plea hearing. All three were charged in April 2009.

In statements made at the plea hearing, both Sartain and Helt admitted to conspiring with Parenteau and others to obstruct the IRS criminal investigations of Sartain, Parenteau and others. Sartain and Helt admitted to altering or destroying records as well as lying to federal and local law enforcement agents.

According to the indictments, Sartain conspired with Parenteau and others to file false individual income tax returns for Pamela McCarty with the IRS for the tax years 2000 through 2003. These four tax returns falsely allegedly reported substantial losses and generated tax refunds from the IRS and state of Ohio of over $800,000 in total. McCarty, who was allegedly Parenteau's mistress, gave a substantial portion of the fraudulent tax refunds to Parenteau or his nominees.

In addition, Sartain allegedly conspired with Parenteau, McCarty and others to prepare a fictitious loan application to refinance to improve a 30,000 square foot home. Allegedly, McCarty obtained nearly $4.5m from one bank and an additional $1.5m from a second bank, and transferred the money to Parenteau, who later allegedly received cash kickbacks disguised as payroll checks from Your Home Source (YHS) and JSS Investments, rental payments and consulting payments from YHS and other miscellaneous payments.

For his involvement, Sartain pleaded guilty to one count each of conspiring to defraud the United States by impeding and impairing the IRS, conspiring to commit money laundering and conspiring to obstruct justice.

According to the indictment and statements made at the plea hearing, Helt admitted that from 2005 through 2007, she, Parenteau, and others negotiated and participated in real estate deals in which they sold luxury homes for a falsely inflated purchase price from the builder in exchange for an undisclosed or disguised kickback. Buyers allegedly misrepresented their income and assets in order to obtain financing of the inflated purchase price. The inflated purchase prices were allegedly justified by false work change orders and addendums, which created the appearance that the inflated price represented additional substantial work to be completed on the homes, which were never done.

The loan proceeds were allegedly used to pay kickbacks to the individuals involved and the loans associated with the house purchases went into default.

For her involvement, Helt plead guilty to one count of conspiring to commit bank and wire fraud and one count of conspiring to obstruct justice.

Parenteau is scheduled to begin trial on March 8, 2010. Sartain and Helt have yet to be sentenced, but Sartain faces a maximum sentence of 30 years in prison and a maximum fine of $1 million or twice the monetary loss or gain from the offense. Helt faces a maximum sentence of 35 years in prison and a maximum fine of $1.25 million or twice the monetary loss or gain from the offense.

Write to Austin Kilgore.

Friday, January 22nd, 2010

Wilshire Credit Corp., the mortgage servicer bought by IBM (IBM: 190.46 -0.27%) in October, is set receive a substantial servicing portfolio from the mortgage giant Fannie Mae (FNM: 0.00 N/A), according to industry sources.

“It will be up to tens of billions of dollars of unpaid principal balance,” according to one source at a mortgage firm who asked not to be named. IBM's new servicing platform is expected to board the Fannie Mae loans sometime later this year, although the exact timing is unknown, according to sources that spoke with HousingWire.

The Fannie Mae gross mortgage portfolio totals $752bn, according to the most recent monthly update provided by the GSE for November 2009. Its single-family serious delinquency rate climbed to 4.98% in October.

Any mortgage servicing put with Big Blue and Wilshire Credit, however, would not include management of bank-owned properties within the portfolio. REO Insider, a sister publication, broke the news Wednesday morning that Wilshire Credit would shed its REO operations by March 1 — seemingly to gear up for the weight of the Fannie portfolio. IBM bought Wilshire in October 2009 from Bank of America (BAC: 7.29 -0.14%). A spokesperson at BofA confirmed on Tuesday that the bank will retain servicing rights on the loan portfolio managed by Wilshire, and the loans weren’t part of the sale.

Wilshire currently receives a $323m potential cap incentive through the Home Affordable Modification Program (HAMP), according to the Troubled Asset Relief Program (TARP) transaction report. Under HAMP, the U.S. Treasury Department gives capped incentives to servicers for the modification of loans on the verge of foreclosure. On Dec. 30, 2009, the Treasury adjusted Wilshire’s cap to $323m from $203m, according to the report.

In the Treasury's HAMP progress report for December, Bank of America provided 3,183 permanent modifications and held active trial modifications on more than 200,000 of the 1 million eligible loans in its portfolio. According to the report, the BofA numbers include statistics from BofA Home Loans Servicing, Home Loan Services and Wilshire Credit. The pull-through rate, or the ratio of permanent modifications to active trial modifications, equaled 1.5%.

Wilshire's operating platform is set to become part of IBM’s Lender Business Process Services unit, according to a release from IBM. A spokesperson for the company said that the information in the press release announcing the purchase was all the company could provide regarding its plans for Wilshire Credit.

“For IBM to make the purchase, this deal had to have been in the works well before then,” according to a source that spoke with HousingWire.

Fannie Mae declined to comment for this story, and phone calls to Wilshire Credit were not immediately returned.

Write to Jon Prior.

The author held no relevant investments.

Friday, January 22nd, 2010

The US Department of Housing and Urban Development (HUD) awarded $26.3m to 98 fair housing organizations and other non-profit agencies located in 37 states and Washington, DC,

The funds, awarded through HUD's Fair Housing Initiatives Program, will be used to investigate alleged housing discrimination, educate consumers of rights and responsibilities within the Fair Housing Act, and promote equal housing opportunities.

"In 2010, the fight for fair housing across America continues," said HUD assistant secretary for fair housing and equal opportunity, John Trasviña, in an e-mailed statement. "[The recipients] will help HUD enforce the law and educate the public about their rights and responsibilities under the law."

The awards include $3m to eight groups that will conduct enforcement, education and outreach activities designed to address discriminatory lending. A list of award recipients is available to download here.

The grants come the same week a House Resolution, HR 476 or the Housing Fairness Act of 2009, made its way to a House Financial Services subcommittee hearing. The bill would authorize $20m annually for a nationwide study of discrimination in housing and mortgage lending.

“HUD has not always fulfilled its obligation to ensure that our money is spent in ways that affirmatively further fair housing,” Trasviña told House lawmakers Wednesday. “In this new day, however, there is a Department-wide commitment to incorporate our mandate to affirmatively furthering fair housing into all of our work so that we can fulfill our shared goal of truly integrated and balanced living patterns.”

Write to Diana Golobay.

Friday, January 22nd, 2010

The mortgage finance industry is abuzz over a rumored change to the way the government-sponsored enterprises (GSEs) Fannie Mae (FNM: 0.00 N/A) and Freddie Mac (FRE: 0.00 N/A) would assign and manage mortgage servicing rights.

The rumors have different nuances depending on the source, but most senior servicing executives speaking with HousingWire have suggested that the GSEs have been quietly looking to revamp their servicing models in the wake of a historic collapse in the nation's housing markets. The prevailing theory is that agency servicers would either be categorized as performing or non-performing loan servicers, but not both — a drastic change from current servicing models, where the same servicer often manages both performing and non-performing loans.

According to sources, so-called 'performing servicers' would continue to get paid via a traditional servicing strip arrangement. 'Non-performing servicers' would receive a smaller servicing fee, but would be eligible to receive more substantial cash incentives each time a delinquent loan reperforms, or if other loss mitigation efforts (such as a short sale or deed-in-lieu) succeed.

Specialty servicer BSI Financial Services in Irving, Texas, already has similar arrangements with its private investor clients, the company’s president and CEO, Gagan Sharma, told HousingWire.

“In a specialty servicing model, there’s a base fee for loan servicing and the rest of the fee is all incentive based,” Sharma said. “There’s a base fee for handling a performing loan and then there are varying levels of incentives.”

A source within Fannie Mae contends that the GSE's executive staff has no knowledge of such a shift. A Freddie Mac spokesperson told HousingWire that the agency was not working on any plan to change its approach to servicing loans, and directed questions about future initiatives to the Federal Housing Finance Agency (FHFA). As the GSEs’ conservator, the FHFA had no official statement on the issue.

Yet in February of last year, Freddie Mac announced a pilot program it called 'Workout Strategy for High Risk Loans.' The program saw Freddie place troubled and delinquent loans with separate special servicers in an effort to implement more aggressive loss mitigation strategies.

Earlier this week, REO Insider, a sister publication, reported that Wilshire Credit Corp., which is in the process of being purchased by IBM (IBM: 190.46 -0.27%) from Bank of America (BAC: 7.29 -0.14%), will shutter its REO operations effective March 1 — making it the only major servicer in the nation without a viable real estate department, a move that has left many industry executives scratching their heads.

Wilshire Credit is set to receive a substantial portfolio of loans from Fannie Mae, as well, sources suggested Friday morning. Some industry sources wonder if IBM's move into mortgage servicing is being timed to coincide with the rumored changes allegedly in the works at Fannie and Freddie.

BSI's Sharma said he’s aware of the rumors regarding the GSEs, and said some have suggested the agencies would create a “forced placement” model, where servicers would lose their servicing rights to a special servicer that’s more experienced in high-touch loss mitigation whenever a troubled loan hits certain triggers. “To a certain extent, the rumor is recognition of the appropriateness of the specialty service model that we work under,” he said.

The devil is in the details. What would be an appropriate threshold for the GSE to trigger a reassignment of servicing rights? There are contractual considerations that come into play as well. Mortgage servicing rights (MSRs) are an asset companies account for on their balance sheets, and actively hedge against. Losing servicing rights to a specialty servicer could affect a firm’s financial condition.

Which is one explanation as to why the GSEs and the FHFA may keeping mum if any changes are in the works, Sharma suggested. “They’re probably not confirming it because they haven’t figured out the whole program,” he said.

Even before the Making Home Affordable Modification Program (HAMP), the GSEs already had incentives built into servicing contracts when delinquent loans are brought back into performance, Sharma said. And the recent distribution of bankrupt Taylor Bean & Whitaker’s (TBW) mortgage servicing portfolio may also have shed some light on any future changes to agency servicing.

After TBW’s bankruptcy, Freddie Mac dispersed the servicing rights to three servicers. All of the performing loans went to Cenlar, while Ocwen Financial Corp. received 90% of the servicing for the non-performing loans and Saxon Mortgage Services received the remaining 10% of the non-performing portfolio.

Sharma said small specialty servicers like his stand to benefit greatly from the rumored change. With the experience his firm has bringing non-performing loans back to performance, Sharma said BSI could serve as a pilot model for any proposed change.

“This would be a very interesting opportunity. We are a smaller, more agile shop and a lot of the newer things are going to get tried out with someone like us, like the private investors who come to us and say let’s try some other options,” he said.

Write to Austin Kilgore.

Diana Golobay contributed to this report.

The authors held no relevant investments.

Friday, January 22nd, 2010

The Federal Reserve Bank of New York bought $12bn of mortgage-backed securities (MBS) from mortgage giants Freddie Mac (FRE: 0.00 N/A), Fannie Mae (FNM: 0.00 N/A) and Ginnie Mae in the week ending January 20.

Gross purchases totaled $16.36bn — $1.3bn of Freddie MBS and $12.8bn of Fannie MBS — before $2.25bn of MBS sales during the same time frame, according to details released Thursday by the NY Fed.

The week brought the Fed's total net purchases to date to nearly $1.15trn.

It’s another week of slowed purchases as the Fed winds down its purchase program, which is on track to buy up $1.25trn of agency MBS by the end of Q110.

The week's figures bring total net purchases to date to nearly $1.15trn, according to weekly commentary by JP Morgan Securities. At the same time, according to the data, the agency fixed net issuance of MBS totals $423.51bn.

The data from JP Morgan indicates the Fed has just over $100bn left to spend under the $1.25trn program.

The Fed has considered extending and expanding asset-purchase programs, including the MBS program, if its exit this quarter is not replaced with private investor demand, causing MBS spreads to treasuries to blow out again.

Write to Diana Golobay.

Disclaimer: the author holds no relevant investment positions.

Thursday, January 21st, 2010

President Barack Obama on Thursday continued to campaign efforts to reform the US financial system and reign in risk-taking by financial institutions.

At the same time, regulatory agencies are coordinating efforts to phase the US financial industry into full capital compliance with new accounting rules that bring assets of large investment vehicles onto bank balance sheets.

In remarks made Thursday, Obama unveiled two additional proposals he said would help ensure banks don't stray too far from their central mission of serving customers. The proposed initiatives would give regulators say in limiting the size and trading activity of banks.

Obama's "Volcker Rule" – named for former Federal Reserve Board chair Paul Volcker – would prohibit banks from owning, investing in or sponsoring hedge funds, private equity funds or proprietary trading operations for their own profit and other reasons unrelated to serving customers.

"We simply cannot accept a system in which hedge funds or private equity firms inside banks can place huge, risky bets that are subsidized by taxpayers and that could pose a conflict of interest," Obama said. "And we cannot accept a system in which shareholders make money on these operations if the bank wins but taxpayers foot the bill if the bank loses."

The Administration is also looking to prevent further consolidation of the financial system into a shrinking number of firms that grow so large as to be considered "too big to fail." Obama proposed applying a cap to a range of funding used by financial firms in the same way the deposit cap guards against too much risk concentration in a single bank.

A week before, Obama proposed a "responsibility fee" that would essentially tax the largest financial firms until all bailout funds are returned to taxpayers.

It marks the latest in a broader movement to make banks and their investment activities more transparent. The Federal Reserve, Office of the Comptroller of the Currency (OCC), Federal Deposit Insurance Corp. (FDIC) and Office of Thrift Supervision (OTS) issued a final rule (download here) that establishes a transitional time period for banks to raise their risk-based capital levels after assets in off-balance-sheet transactions are brought on balance sheet.

The Financial Accounting Standard Board (FASB) in June 2009 issued financial accounting standards (FAS) 166 and 167, which modify the accounting treatment of certain structured finance transactions involving a special purpose entity. FAS 166 and 167, among other things, bring the assets in special purpose vehicles like securitizations onto bank balance sheets.

The institutions affected by the standards will generally be subjected to higher risk-based capital requirements. The industry for months has called for capital requirement relief under the standards, which some of HousingWire's sources have said will make securitization of commercial and residential mortgages too expensive to justify and, by extension, keep new issuance depressed.

The Fed, FDIC, OCC and OTS issued a final rule establishing a transition mechanism for the risk-based capital requirements associated with FAS 166 and 167. Under the final rule, institutions have the option to delay the effect of risk-weighted assets on tier 2 capital. For those institutions that elect to delay for two quarters after the implementation of FAS 166 and 167, the final rule also allows an optional phase-in of the effects on capital over the next two quarters.

"The effect of the transition mechanism on a banking organization’s risk-based capital ratios would be reflected in the regulatory capital information the organization reports in its regulatory reports for the four calendar quarter-end regulatory report dates following the banking organization’s implementation date," the agencies said in a joint statement.

Write to Diana Golobay.

Thursday, January 21st, 2010

National housing prices dropped 32% from the peak in Q206 to trough in Q109 and rebounded 6.3% by the end of 2009, according to a Standard & Poor’s (S&P)/Case-Shiller home price index annual report.

S&P chief economist David Wyss projects housing sales and starts to drop over the winter, but to remain well above their early 2009 lows, and to recover in the spring. Wyss projects 750,000 total housing starts in 2010, followed by an additional 1.18m housing starts in 2011. He also projects national house prices to decline 8% over the winter months.

The S&P/Case-Shiller 10-city and 20-city composites peaked in June and July 2006, respectively and both troughed in April 2009. The 10-city composite fell 33.5% and appreciated 5.6% through the end of 2009, while the 20-city composite fell 32.6% and appreciated 5.3% by year’s end.

The composite indices are still reporting year-over-year price declines. The 10-city and 20-city composites reported annual declines of 6.4% and 7.3%, respectively. In January 2009, 10-city composite declined 19.4% and the 20-city declined 19% year-over-year.

While the national peak occurred in the summer of 2006, but regionally, the downturn in home prices began in late 2005 when home prices peaked in the Boston, Detroit, and San Diego markets, the report said. By January 2007, national home prices began their current three-year decline and hit a new record low in the indices 22-year history. Home prices are now at their autumn 2003 level [pictured below].

S&P/Case-Shiller's findings come as Radar Logic's latest report of house sales and average prices indicates the housing market may be poised for recovery in 2010.

Write to Austin Kilgore.

Thursday, January 21st, 2010

Fifth Third Bancorp posted a net income for 2009 after a multi-billion dollar loss in 2008, as credit trends shows signs of improvement.

Fifth Third posted a $98m net loss, or $0.20 per diluted share, for Q409, but its 2009 net income available to common shareholders increased to $511m, or $0.67 per diluted share, from a $2.2bn loss, or $3.91 per diluted share, in 2008.

“Fourth quarter credit trends were better than expected and showed encouraging signs of improvement," said Kevin Kabat, CEO of Fifth Third Bancorp.

Fifth Third held $8.1bn in residential mortgage loans at the end of the quarter down 3% from $8.3bn in the previous quarter and 13% from $9.3bn at the end of 2008. Non-performing residential loans reached $275m, up from $267m in the previous quarter and $259m at the end of 2008.

"We currently expect credit and operating results to improve further in the first quarter, and that our aggressive actions to address the issues presented by this cycle will continue to serve us well as the economic environment stabilizes and improves," Kabat said.

Fifth Third holds $11.9bn in commercial mortgage loans. For its commercial mortgage portfolio, the rate of delinquency decreased to $898m in Q409 from $912m in 2009, even though it’s an increase from $482m in 2008.

Fifth Third's results reflect the continued stress in the commercial mortgage market, which is expected by credit-rating agencies to gain in delinquencies in coming months. To what extent delinquencies will rise depends on the credit-rating agency commenting at the time.

Fitch Ratings and Realpoint see continued troubles ahead in both the near- and long-term. On the other hand, Moody’s Investors Service and Credit Suisse hold brighter outlooks for investor demand for securities backed by commercial mortgages.

Write to Jon Prior.

Thursday, January 21st, 2010

A new software developer entered the market to provide data on the underlying loans in residential mortgage-backed securities (RMBS).

Denver-based Blackbox Logic was created in 2007, but formally launched its BBx Data product Thursday. The product tracks loan data on more than 21 million jumbo, subprime and Alt-A mortgages in 7,200 RMBS.

Blackbox is targeting investors, broker/dealers and researchers for its aggregate service.

“Even though the market itself may be a little stagnant right now and somewhat shrinking, the market for loan level data has grown because people are realizing they need that loan-level data,” Black Box marketing director Wyck Brown told HousingWire.

CEO Larry Barnett told HousingWire the loans in its database undergo regular “cleaning routines,” to identify changes that may occur, including when loans are modified, servicing rights are transferred or liquidated through a real estate owned (REO) sale. Clients can customize how they receive the data as well as which data sets they need. BBx Data is accessible through database software firm 1010data’s interface, through raw data in spreadsheets and through a Web-based application.

Going forward, Barnett said he hopes the new Loan Identification Number Code (LINC) endorsed by the American Securitization Forum (ASF) will gain traction in the market and give his firm another service to provide to clients.

“We are hoping that the unique identifier becomes standard and we’re hoping to integrate with it,” he said. “We’re looking forward to partner with the ASF, we think it’s important for the industry and important for us.”

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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