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Archive for January, 2010

Friday, January 15th, 2010

The US Treasury Department raised the total amount of potential capped incentive payments for the Home Affordable Modification Program (HAMP) from $27.7bn to $35.5bn, according to the latest Troubled Asset Relief Program (TARP) report.

Under HAMP, the Treasury gives capped incentive payments to mortgage servicers for the modification of loans on the verge of foreclosure. The incentive payments represent the potential amount paid to each servicer, borrower and lender involved in the program. The adjustments are made as the servicers report more or less eligible borrowers in their portfolios.

Countrywide Home Loans Servicing received the biggest increase in its capped incentive payments when the Treasury raised it $2.2bn to a total cap of $6.7bn, the most of any other servicer in the program. In the summer of 2008, however, Bank of America (BAC: 7.29 -0.14%) bought Countrywide. Although the two servicers operate independently, they combine to receive $8.3bn capped incentive payment under HAMP. The BofA increase of $665m to $1.6bn total was the fifth highest.

JPMorgan Chase (JPM: 37.21 -0.75%) received a $1.7bn increase, the second highest, when its total rose to $3.8bn, now the second most of any other servicer.

The third largest increase went to OneWest Bank for $1.2bn, pushing its total to $2.1bn. Another notable increase came for Wells Fargo (WFC: 29.60 +1.89%) when the Treasury raised its potential cap by $1.2bn to $3.6bn overall.

The largest decrease for a servicer belonged to GMAC. The Treasury dropped its potential cap payments by $1.67bn to $1.8bn overall. The cut in HAMP funds is offset by another $3.79bn bailout announced earlier in the month.

Receiving the second highest cut was Green Tree Servicing, based in Saint Paul, Minn. Its incentive fell $116m to $105m in total.

The Treasury dropped Citigroup’s capped incentive by $105m to $1.9bn in total capped incentive payments.

The Treasury initially posted a total cap for HAMP at $23bn when the program launched in March 2009. It raised the total again in September to $27.7bn. The new increase comes after the program reported 31,382 permanent modifications through November.

Write to Jon Prior.

Friday, January 15th, 2010

[UPDATE 1: Nearer to close-of-business, Jefferies says it expects to raise more than $5m in donated net commissions and client commitment. Also updates rate of trading.]

Global securities and investment banking firm, Jefferies Group (JEF: 15.81 -2.41%) is donating all net commissions and volunteered salaries from January 15, plus $1m, for relief efforts associated with the recent earthquake in Haiti.

Even traders at the firm are said to be lowering their offerings rate and committing to trading as much as possible today in order to maximize their net commissions for a greater fundraising effort. [UPDATE: today's trade at Jefferies triple that of comparable day.]

The firm’s 2,500+ employee partners globally are participating on a voluntary basis. The firm, as an entity, will top-up the fund with an additional $1m

The funds will be used for relief efforts associated with the recent earthquake in Haiti. The contribution will be made to the following organizations: The American Red Cross, UNICEF, Save the Children, the UN Central Emergency Response Fund (CERF), Partners in Health, Americares, Shelterbox and HEART 9/11.

“All of us at Jefferies are deeply saddened by the losses and devastation in Haiti,” commented Richard B. Handler, Chairman and Chief Executive Officer of Jefferies, in a statement. “Today our firm is partnering with our trading clients to contribute to organizations on the ground serving those in need.”

Jefferies is part of a chorus of financial institutes that are participating in an outpouring of financial aid for the people of Haiti.

Additionally, JP Morgan Chase(JPM: 37.21 -0.75%) said it would commit $1m to the relief and recovery of the country. Citigroup (C: 30.87 +1.61%) is pledging $2m, $250,000 of which will go directly to the American Red Cross. Morgan Stanley (MS: 18.56 +2.26%) will also contribute $1m to the American Red Cross Haiti Relief and Development Fund. Goldman Sachs (GS: 111.77 +2.96%) also pledged $1m. Bank of America (BAC: 7.29 -0.14%) is reported to be offering to match employee contributions dollar-for-dollar, and is also committed to a minimum $1m donation. Wells Fargo (WFC: 29.60 +1.89%) is contributing $100,000 to the effort.

According to the U.S. Geological Survey, National Earthquake Information Center, a 7.0 magnitude earthquake rocked Haiti on January 12. The epicenter was located 15 miles from the capital Port-au-Prince, home to more than 700,000 Haitians.

Write to Jacob Gaffney.

Friday, January 15th, 2010

Morgan Stanley (MS: 18.56 +2.26%) announced that John Klopp is joining the firm as head of Americas real estate investing and global real estate debt investing effective Feb. 1.

Klopp is a 30-year veteran of the real estate industry, most recently serving as CEO of the investment management and real estate finance firm he co-founded, Capital Trust (CT: 2.52 +0.80%). He also was a founder and managing partner of private merchant banking boutique, Victor Capital Group, that specialized in workouts and distressed debt investing.

Klopp’s new position may be more than just the average executive hiring, though Morgan Stanley is remaining quiet on that front. As HousingWire previously reported, investment banks around the world are expanding the scope of their search for new investors beyond the traditional institutional investor. Brookfield Properties’ sale of the 1625 Eye St. skyscraper in Washington, DC is one example. Brookfield sold 90% of its interest in the property to HSBC Alternative Investments (HAIL), an exclusive syndicate of HSBC Private Banking clients.

Running both Morgan Stanley’s real estate investing and global real estate debt investing units, Klopp could be perfectly positioned to spearhead Morgan Stanley’s search for new investors, particularly those outside the US.

Adding to that, Morgan Stanley reports that in its recent conversion to a bank holding company, it intends to form a private banking operation. The bank will reportedly provide a range of banking products and services to customers of its Morgan Stanley Smith Barney's financial advisory.

Currently, Morgan Stanley’s real estate investment unit has a total portfolio of $59.5bn, including investments in the Europe ($21.4bn), Americas ($19bn) and Asia ($19.1bn). But that could stand to grow if Morgan Stanley follows this emerging trend and can raise additional capital from new investors.

Representatives from Morgan Stanley did not return HousingWire’s repeated request for comment before this story was published.

Write to Austin Kilgore.

The author held no relevant investments.

Friday, January 15th, 2010

The U.S. Federal Reserve's balance sheet rose to a record in the latest week, boosted by its ongoing efforts to support the mortgage market, Fed data released on Thursday showed.

The Fed's balance sheet — a broad gauge of its lending to the financial system — rose to $2.274 trillion in the week ended Jan. 13 from 2.216 trillion in the prior week.

Friday, January 15th, 2010

I can have as much fun as the next guy fulminating about Wall Street bonuses, but it's time to move on.

There's nothing new to say, nor is there much that can or will be done about them.

It should be some consolation that nearly half of the bonuses will get siphoned off in state and federal taxes.

And while the sums are undeniably outrageous and undeserved, the same could be said of the pay earned by professional athletes, rock stars and corporate chief executives.

Friday, January 15th, 2010

Housing industry analysts estimate that more than 10.8 million homeowners have negative equity, and thus face imminent mortgage default. The government’s effort to provide these homeowners a viable short sale alternative with incentives through the new Home Affordable Foreclosure Alternatives Program (HAFA) deserves kudos for effort. Short sales reduce long-term vacancies, leverage existing market mechanisms, and keep neighborhoods intact.

Unfortunately, HAFA lacks the necessary incentives to get people moving.

Property values won’t rise significantly anytime soon. To date, loan modifications have been viewed as the primary solution to the foreclosure crisis. We now know, however, that borrowers with substantial negative equity are unlikely to retain their homes under any circumstances. Given the right options, it’s a safe bet they would readily opt for an alternative to foreclosure if the outcomes and consequences were truly better.

In this regard, HAFA falls short. If we want the program to succeed and short sales to become an effective option, HAFA must offer competitive incentives and lighter penalties. This starts with getting inside the minds of homeowners who have already done the math and concluded that the metrics associated with foreclosure work in their favor over the short term.

Who can blame them? The short sales relocation benefit doesn’t stack up to the “cash for keys” incentive and the savings afforded from living months in default and rent (mortgage) free. What else do these distressed homeowners have to lose? The industry hasn’t differentiated the credit impact and penalties between a short sale and foreclosure. Homeowners have no real motivation to be proactive.

With a few minor tweaks, however, HAFA could avoid this stalemate and truly incite action. Here are some changes that would help:

  • Lower the penalty period for homeowners, so they can return to the market sooner. Fannie and Freddie underwriting guidelines prohibit anyone with a bankruptcy or foreclosure from being eligible to receive a new mortgage for a period of four years. Reducing this “lock-out” period from four years to two years for people who pursue a short sale, gives distressed homeowners a tangible incentive to choose short sale over foreclosure.
  • Revamp incentives for short sales and foreclosures. HAFA currently provides $1500 for relocation expenses, whereas most lenders are paying foreclosed borrowers in excess of $3000 for “cash for keys”. At minimum relocation benefits for short sellers need to equal or beat “cash for keys” payouts.
  • Differentiate the credit consequences between short sales and foreclosures. The industry must create some uniformity around how short sales are reported to the credit bureaus. We must enable people to recover faster so that they have the option to reenter the market sooner while home values are still affordable.

Negative equity mortgages are predicted to be the single largest driver of future defaults. HAFA and the streamlined short sale alternative it offers homeowners have the potential, with a few key changes, to avert further losses and stabilize communities.

Without question, any solutions that help us avoid more shuttered neighborhoods and move millions of disenfranchised homeowners to stable ground is a step in the right direction that will benefit us all.

Gary Acosta is chairman of New Vista Asset Management and co-founder of the National Association of Hispanic Real Estate Professionals (NAHREP).

Friday, January 15th, 2010

[Update 1: Adds Knauf statement]

The Louisiana attorney general filed a lawsuit against 23 companies alleged to have been involved in the manufacturing, distribution or installation of defective drywall produced in China and used to rebuild homes after hurricanes Katrina and Rita.

“In pursuit of profit, defendants proactively pushed their defective Chinese drywall into Louisiana in massive quantities, knowing that domestic supplies were very low and that Louisiana desperately needed drywall to commence its rebuilding efforts,” state attorney general James Caldwell wrote in his complaint.

The suit alleges fraud, negligence, violations of expressed and implied warranties and the state’s unfair trade practices and consumer protection laws and its product liability act. It seeks unspecified damages to remediate the drywall problem in the state, cover trial expenses and punitive relief.

Six of the companies named in the suit are subsidiaries of Knauf, a German building materials company that’s already a party in a massive consumer lawsuit. As HousingWire previously reported, Knauf has been a major target of consumer advocates.

In a statement, Knauf said it is aware of the suit, and said it is cooperating with the attorney general’s office, as well as other state and federal regulators, and will continue to do so despite the lawsuit.

“Although we wish to resolve the situation and allay homeowner concerns about property issues through the implementation of an appropriate remediation or repair strategy, scientific evidence establishes that KPT drywall has no harmful long-term health effects and is not toxic to humans or animals,” the statement said.

“We are disappointed that the Attorney General’s office has chosen to include allegations in this suit that directly contradict our scientific findings and reports of other regulatory agencies, which had been shared with that office.”

According to the suit, another defendant, Beijing New Building Materials Company (BNBM) is an “agency or instrumentality” of the People’s Republic of China. BNBM and two of its subsidiaries listed in the suit are firms engaged in “commercial activity carried on in the United States by a foreign state.”

Attempts to reach BNBM representatives were not successful.

The suit claims the drywall was manufactured with waste material from scrubbers from coal-fired power plants, called “fly ash,” which the suit alleges emits sulfur components and was not adequately inspected or cleaned before its use in the building materials.

The suit claims the Louisiana Department of Health and Hospitals has received nearly 1,000 reports of medial complaints “believed to be caused by defendants’ drywall,” including difficulty breathing, asthma attacks, and other respiratory problems.

“Contrary to their written warranties, the drywall provided by Knauf…was not free from defects in materials and/or workmanship,” the suit said.

Matthew Jacobs, a Washington DC-based attorney at the Jenner & Block law firm, represents homebuilders in cases against Chinese drywall claims. While not a party to the suit, Jacobs reviewed the case and said he believes the complaint is comprehensive, well-pleaded and indicates a lot of work on part of the State.

"It shows that the State of Louisiana is serious about pursuing many of the entities involved in the CDW [Chinese drywall] situation, and will put considerable resources into attempting to recover on behalf of the citizens of Louisiana.”

“It is not quite akin to what the state did in connection with the tobacco wars of the 1990s. But it certainly increases the level of attention that will be have to be given by these companies to all the issues surrounding liability for CDW claims, including whether they can recover some of these potential losses — including defense costs — from the many insurance companies that clearly insured these types of risks,” Jacobs added.

Write to Austin Kilgore.

Friday, January 15th, 2010

A new unit in the Department of Justice (DOJ) Civil Rights Division is already investigating 38 allegations of reverse redlining, according to Tom Perez, the assistant attorney general.

In a speech at the 13th annual Wall Street Project Economic Summit yesterday, sponsored by the RainbowPUSH Coalition, Perez announced that a fair lending unit within the Civil Right Division’s housing section at the DOJ was not only recently launched, but also active.

The unit is working to “root out lending discrimination in all forms,” according to Perez. In cases of reverse redlining, lenders are alleged to target minority borrowers and saturate lower-income areas with higher-fee loans.

Getting the charges to stick, however, is proving to be a challenge. In a recent suit filed by the City of Baltimore, Wells Fargo (WFC: 29.60 +1.89%) was thrown-out last week.

In his speech, Perez pointed to Maryland’s foreclosure disbursement as evidence of the practice.

“In Maryland, for example we found that while only 18 percent of white homeowners had subprime loans, 54 percent of African-Americans and 47 percent of Hispanics had subprime loans,” Perez said.

During the dismissal of the Wells Fargo case, however, the City found that only 401 properties with Wells Fargo loans foreclosed between 2005 and 2008, and163 were located in African American neighborhoods. The judge’s order also pointed out that Baltimore found only eight of the properties to be vacant.

Perez said that the unit will investigate unfair practices in both origination and in servicing. In addition to pursuing brokers and loan officers who “originated toxic, discriminatory loans,” the unit will also begin breaking down modification data from the Home Affordable Modification Program (HAMP) by race and ethnicity.

Write to Jon Prior.

Thursday, January 14th, 2010

Let’s dig a little deeper into the jobs situation. We expect the January report is going to be a startling one when it is released in early February. It will be the first time we will see the full results of the annual revisions of the benchmarks used by the Bureau of Labor Statistics. The revisions will show that there was a net job loss in the United States for the entire decade. We guess the net loss will be about 1 million.

Some of the details in the report show how severe things are. The unemployment rate for college graduates hit a new all-time high of 5%. The fact that 1 in 20 graduates cannot find a job means that the cost pressure from the higher-paid and better-educated element in the labor force has disappeared. Labor cost is about two-thirds of the impetus that triggers inflation. This is another reason why the Fed has plenty of time before it has to raise rates. Inflation is not a threat.

Thursday, January 14th, 2010

The Congressional Budget Office, in a report released Thursday, continues to project that the federal government's involvement in Fannie Mae (FNM) and Freddie Mac (FRE) will generate losses for taxpayers.

The U.S. Treasury Department, seeking to maintain solvency at the two government-chartered mortgage finance companies, is slated to make quarterly capital infusions over the next three years to cover gaps between Fannie and Freddie's assets and liabilities.

In exchange, the institutions will issue to Treasury senior preferred stock, which pays 10% annual dividends.

Even though Fannie and Freddie are expected to generate revenue that exceeds their losses and other costs as the housing and mortgage market recovers, "the entities' current dividend commitments to the Treasury exceed their future earnings capacity, making losses on the Treasury's current and future holdings of their senior preferred stock likely," the CBO report said.



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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