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Archive for January, 2010

Thursday, January 14th, 2010

The U.S. would have to immediately appoint an inspector general at the agency overseeing mortgage- finance companies Fannie Mae and Freddie Mac under legislation introduced by Representative Darrell Issa of California.

“Fannie and Freddie have become the largest taxpayer bailout in American history,” Issa, the senior Republican on the House Oversight and Government Reform Committee, said in an e-mailed statement today. “It defies common sense to leave them without proper oversight while the federal government keeps giving them unlimited access to its ATM card.”

Thursday, January 14th, 2010

A West End property owner is suing Bank of America Corp., asserting its agents mistakenly seized a vacation house he owns free and clear, then changed the locks and shut the power off, resulting in the smelly spoiling of about 75 pounds of salmon and halibut from an Alaska fishing trip and other damages.

Dr. Alan Schroit filed the lawsuit Monday in the 122nd State District Court in Galveston against the bank with which he has neither a relationship nor a mortgage.

Schroit, a retired professor at M.D. Anderson Cancer Center in Houston, is suing for wrongful invasion of his house in the 4100 block of Green Heron Drive in the Pointe West subdivision.

He filed the lawsuit after he and Bank of America were unable to agree on a settlement, attorney Barry A. Brown said.

Thursday, January 14th, 2010

The FBI is investigating 2,800 cases of mortgage fraud, it was disclosed on the second day of hearings by the Financial Crisis Inquiry Commission in Washington.

Regulators and government officials testified that failures of oversight and gaps in the regulatory framework allowed rampant mortgage fraud to develop in the middle of the last decade.

"Many consumers have only a limited ability to understand details of standard mortgage contracts, let alone the complex mortgages that became common during this period," Sheila Bair, the chairman of the Federal Deposit Insurance Corporation, told the bipartisan commission. "Unscrupulous mortgage providers capitalised on the widely advertised benefits associated with mortgage refinance, and took advantage of uninformed consumers."

Thursday, January 14th, 2010

Faced with growing losses on the value of its combined $1.5trn mortgage books, government-sponsored enterprises (GSEs) Fannie Mae (FNM: 0.00 N/A) and Freddie Mac(FRE: 0.00 N/A) added $291bn in subsidy costs to the Federal deficit by mid-year, according to the Congressional Budget Office (CBO) the agency tasked with recording costs incurred by the government.

That number may reach as high as $389bn over the course of this decade. The agencies' combined net worth deteriorated from a $7bn surplus in June 2008 to a $258bn deficit in June 2009, according to the CBO report (download here). However, the CBO expects the overall cost to dwindle to a projected $99bn between 2010-2019.

The Fannie and Freddie numbers come from the CBO's August baseline estimate [pictured above] of federal outlays for fiscal year 2009. According to the just-released CBO "Budgetary Treatment of Fannie Mae and Freddie Mac" report, loan losses on defaults are typically in the range of 30-50% of outstanding balance. With a housing market in decline, the loss rates are expected to be much higher.

"The total amount that CBO projected for the Treasury’s cash infusions from 2009 to 2019—$163bn—falls well short of the $389bn in subsidy outlays projected in CBO’s baseline for that period," the report states.

The higher projected costs of the GSEs come as regulators are cracking down on bonuses paid to employees of financial firms and the Administration is proposing a tax to repay the Troubled Asset Relief Program (TARP).

Further, today Representative Darrell Issa (R-CA), a House Committee on Oversight and Government Reform member joined with Reps. Dennis Moore (D-KS), Judy Biggert (R-IL) and Chairman Edolphus Towns (D-NY) to introduce H.R. 4450, or the Federal Housing Finance Agency Inspector General Technical Corrections Act of 2009.

The group is calling for the immediate appointment of an inspector general for the Federal Housing Finance Agency (FHFA), which holds jurisdiction over the GSEs.

“Fannie and Freddie have become the largest taxpayer bailout in American history it defies common sense to leave them without proper oversight while the federal government keeps giving them unlimited access to its ATM card,” Issa said in a statement today. “This bipartisan bill should be voted on as soon as humanly possible so that we can put in place some mechanism of accountability and independent oversight at the FHFA because at this moment – there is none.”

The previous Inspector General, Edward Kelly, was stripped of his independent oversight in November 2009.

At any rate, the CBO expects the portfolio size of the GSEs to remain stable through 2010, regardless of the activity in the secondary market: "New purchases are assumed to be confined to conforming mortgages and to MBSs issued by the two entities or by Ginnie Mae, rather than subprime or Alt-A securities," the report states, assuming that "subprime and Alt-A mortgages that terminate early would default, be refinanced privately, or be refinanced through the Federal Housing Administration."

Write to Diana Golobay.

Thursday, January 14th, 2010

President Barack Obama is proposing a "Financial Crisis Responsibility Fee" to tax large financial institutions that received government funds through the Troubled Asset Relief Program (TARP). The news comes in the midst of reports that the government may earn billions of dollars on bailouts.

The proposed fee would last for at least 10 years, until all taxpayer dollars are repaid. The fee would apply to the debt of financial institutions with more than $50bn of consolidated assets.

The fee would be assessed at about 15 bps of covered liabilities – or assets, less Tier 1 capital and deposits already covered by Federal Deposit Insurance Corp. (FDIC) assessments – per year, according to a White House fact sheet (download here).

Regulators would report covered liabilities and the Internal Revenue Service (IRS) would collect the fee. Revenues would be paid into the general fund, to reduce the national deficit.

The President said Thursday his decision to propose the fee is spurred by reports of "massive profits and obscene bonuses at the very firms who owe their continued existence to the American people."

In a statement, he added: "That’s why I’m proposing a Financial Crisis Responsibility Fee to be imposed on major financial firms until the American people are fully compensated for the extraordinary assistance they provided to Wall Street.”

The fee would take effect June 30, 2010 and would expire after 10 years unless costs are not recouped by that time. The proposed fee would raise $117bn in about 12 years, and $90bn over the next 10 years. More than 60% of revenues will be paid by the 10 largest firms.

"By levying a fee on the liabilities of the largest firms – excluding FDIC-assessed deposits and insurance policy reserves, as appropriate – the Financial Crisis Responsibility Fee will place its heaviest burden on the largest firms that have taken on the most debt," the White House said in a statement.

The President's move to speed up repayment of bailout funds follows a move by Rep Peter Welch (D-VT) to introduce legislation to levy new taxes on yearly employee bonuses at financial institutions that receive financial assistance from TARP.  Under the bill, bonuses above $50,000 in either cash or stock would be taxed at a rate of 50%.

Write to Diana Golobay.

Thursday, January 14th, 2010

Mortgage securitization agency Freddie Mac (FRE: 0.00 N/A) is offering another round of structured pass-through certificates, or K Certificates, that consist of multifamily mortgage-backed securities (MBS).

It marks the third series of K Certificates backed by multifamily mortgages originated through Freddie's Capital Markets Execution (CME) product, the agency said, and the first of half a dozen planned for the new year as successful past offerings continue to spark life within Freddie's multifamily pipeline for securitization. If the new offering is successful, it will add liquidity to the multifamily market.

Freddie expects to offer $1.1bn of these certificates – backed by 70 recently-originated multifamily mortgages that Freddie guarantees – which should price around January 27 and close by February 3, according to a statement. Goldman Sachs (GS: 111.77 +2.96%) and JP Morgan Securities will act as co-lead mangers on the transaction.

"While this is our first deal in 2010, given our pipeline we expect to come to market every other month throughout 2010 with new deals, and thereby continue to provide greater liquidity to the multifamily housing market," said David Brickman, vice president of multifamily and commercial mortgage-backed securities (CMBS) capital markets at Freddie, in a statement.

Freddie's first offering of these certificates settled in June 2009. Then, in October, the most recent offering oversubscribed at $101 per certificate, indicating growing investor support at a time of few multifamily deals.

Mail to Diana Golobay.

The author holds no relevant investment positions.

Thursday, January 14th, 2010

The securitization advocacy group, the American Securitization Forum, is parting administrative ways with the global trade body, the Securities Industry and Financial Markets Association (SIFMA).

"The Forum will now function as a completely independent organization exclusively focused on serving its members and all facets of the securitization markets, as well as the critically important task of restarting the vital flow of credit to American consumers and businesses," read a statement from the ASF board today.

In another statement, the ASF added, "we unanimously selected Tom Deutsch to be the Executive Director of the American Securitization Forum after a comprehensive search process." Deutsch served as the deputy executive director previously.

Formed in 2002, the ASF is author of “Project RESTART,” an initiative in the secondary market geared toward restoring investor confidence in mortgage- and asset-backed securities. Recent actions within Project RESTART include a final release of residential MBS disclosure and reporting packages.

The forum also created a loan-level tracker for bonds, called LINC. The ultimate goal being to increase transparency to an extent where investors are drawn back in to the market, but issuers are not overly stifled with regulation.

Ralph Daloisio, Chairman of the ASF Board and a managing director for the French bank Natixis said, “The ASF is dedicated to restoring mortgage, consumer and small business credit to Main Street and our new organizational structure will help us exclusively focus on achieving that goal. Without question, the American economy requires a viable securitization market for maximum sustainable growth.”

While the ASF maintains that its operations with SIFMA were always of an independent and strategic nature (emails from ASF staff often carried the sifma.org domain), the news will help the organization to develop its role as a central player in the US securitization markets.

"Our new stand-alone structure will provide even more organizational focus on these fundamental goals,” said Deutsch. "I’m confident we’ll collectively succeed in reopening the securitization markets and getting the U.S. economy back on track.”

Write to Jacob Gaffney.

Thursday, January 14th, 2010

Rep. Peter Welch (D-VT) introduced legislation this week to levy new taxes on yearly employee bonuses at financial institutions receiving assistance from the Troubled Asset Relief Program (TARP). Under the bill, bonuses above $50,000 in either cash or stock would be taxed at a rate of 50%.

Under the Wall Street Bonus Tax Act, H.R. 4426, which Welch announced at a press conference this week at the Burlington International Airport in his home state, all proceeds from the bonus tax would fund a new direct-lending program administered by the Small Business Administration (SBA). The program would offer low-interest, government loans to healthy businesses having trouble finding lines of credit for expenses and expansion.

According to the New York Times, Goldman Sachs (GS: 111.77 +2.96%) is expected to pay employees an average of $595,000 for 2009. Those at JPMorgan Chase (JPM: 37.21 -0.75%) could collect $463,000 on average, although the report isn't clear if that compensation is in salary plus bonuses, or bonuses alone.

The bill follows actions in other Western economies, notably in the UK, to heavily tax bonuses. The 50% tax on bonuses above £25,000 ($40,668) in the UK should generate more than £2bn in revenue, though investment banks there say it will greatly undermine their ability to stay competitive by drawing in the most talented employees with the prospect of unburdened financial incentives.

Nonetheless, Welch believes that large bonuses from bailed-out Wall Street firms to their employees would highlight the potential inequities against what the stimulus is trying to accomplish: “Fifteen months after the American taxpayer threw Wall Street a life preserver, its biggest firms are about to break their own records of lavish, excessive and unearned bonuses. Paid for by hardworking Americans who continue to struggle through tough economic times, these bonuses are Exhibit A that Wall Street has not learned its lesson,” said Rep. Peter Welch. “When you see a bank being robbed, you try to stop it. My bill will put an end to this breathtaking heist.”

Write to Jon Prior.

Thursday, January 14th, 2010

30-year fixed mortgage interest rates continued to decline in January, inching closer to 5%, according to two weekly rate surveys released today.

Despite this, Freddie Mac’s (FRE: 0.00 N/A) chief economist, Frank Nothaft, tells HousingWire that he expects interest rates overall will increase over the course of 2010, but not to a point where borrowers should worry about massive fluctuations.

Freddie Mac’s weekly survey put the average 30-year fixed-rate mortgage interest rate (FRM) at 5.06% with a 0.7 origination point for the week ending January 14. That’s a decrease from a week ago when the rate was 5.09%, but above last year’s 4.96%. Bankrate.com’s survey of large banks and thrifts put the 30-year FRM at 5.23% with a 0.47 point, down from 5.26% a week ago and 5.28% one year ago.

But Nothaft said the small incremental weekly changes should only have a marginal impact on whether or not someone decides to buy. “At the margin, it has some effect, but when we’re talking three to five basis points, that’s not a large change on a week-to-week basis,” he said. “For the large majority of borrowers shopping for a mortgage, five basis points won’t matter.”

Freddie Mac said the 15-year FRM was 4.45% with an average 0.6 point, down from last week’s 4.5% and last year’s 4.65%. Bankrate.com put the 15-year FRM at 4.62%, down from 4.67% a week ago.

Freddie put the five-year Treasury-indexed hybrid adjustable-rate mortgage (ARM) averaged 4.32% this week, down from last week when it averaged 4.44%. The one-year Treasury-indexed ARM averaged 4.39% this week with an average 0.5 point, up from last week when it averaged 4.31%, Freddie added. Bankrate.com said the average five-year ARM rate was 4.68%, down from 4.74% last week.

“I haven’t really found a measurable seasonality in interest rates," Nothaft told HousingWire. "There’s a huge, pronounced, substantial seasonality in home sales, housing construction, prices and all that. But you don’t see it in interest rates and mortgage rates.”

Seasonal changes in sales volume doesn’t impact mortgage rates because of the breadth and depth of capital markets, Nothaft said.

“There’s a very elastic supply of funds to support mortgage lending and the whole idea of elastic supply is that it can expand and contract very easily and readily to meet the needs of lenders and consumers with no material impact on interest rates,” he said.

Nothaft projects the trend of extremely low rates will continue at least for the next few months.

“Our projection for the course of the year is for long-term interest rates to gently and gradually rise a little bit higher over the course of the year,” Nothaft said. “So not immediately, not in the next few weeks, or the next couple of months, but gradually as the economy begins to improve and capital markets start to improve further, we do see some gradual, gentle, upward pressure on yields.”

Write to Austin Kilgore.

The author held no relevant investments.

Thursday, January 14th, 2010

The Bank of America (BAC: 7.29 -0.14%) book of permanent loan modifications under the Home Affordable Modification Program (HAMP) grew from 98 mortgages by the end of November 2009 to 3,200 by January 2010, according a company announcement.

In the US Treasury Department's November progress report, BofA completed 98 permanent modifications from the program's launch in March 2009 through November. Since then, nearly 3,200 borrowers received a completed HAMP modification, and another 12,000 of the BofA borrowers sent their finally modified loan documents under HAMP to be signed and returned by BofA.

After the reported 98 permanent modifications, BofA announced a shift in focus from signing up more HAMP trials to finalizing documentation for those already in the three-month trial process, according to Jack Schakett, a credit loss mitigation strategies executive at BofA. The early focus of the program, he explained, was to get as many distressed borrowers as possible into a trial, even without gathering all documentation, if necessary.

He said the participating servicers agreed to collect the documentation during those three-months, but because of the volume – more than 1m trial modifications offered through November – the process quickly slowed to a standstill. However, a spokesperson with the Treasury tells HousingWire that a December progress report updating numbers from all HAMP servicers is being released tomorrow, which should provide a clearer picture on the program's progress.

Under HAMP, the Treasury provides capped incentives to servicers for the modification of loans on the verge of foreclosure. According to the latest reports from the Treasury, BofA receives a $1.6bn cap on incentive payments. No servicer receives a payment until a HAMP modification becomes permanent.

Further down the waiting list for a permanent modification, BofA finished underwriting and processing documents for 20,000 borrowers in December, moving them out of the trial period and into the final stages of a permanent conversion. Behind them, more than 200,000 borrowers got in line and entered into a HAMP trial modification through BofA.

The Treasury issued an original deadline of Dec. 31, 2009 for servicers to collect all the necessary documents, otherwise risk having to drop borrowers from the program, even if they made each of the three-month trial payments. The Treasury extended the deadline, and BofA reported that no one was left out.

"As a result of the extensions, none of the Bank of America customers who successfully completed a trial payment plan has been eliminated from the program for failing to meet a government deadline for documents. Mortgage servicers have been able to significantly increase the number of modifications moving toward completion, and we expect the rate of conversions to continue rising,” Schakett said.

Even if the numbers improve in the Treasury report Friday, analysts continue to see key flaws in the structure of the program. Laurie Goodman of Amherst Securities warned in testimony before Congress, that HAMP failed to address negative equity and did little to reduce principal. She even went so far as to say HAMP was “destined to fail” because many servicers are not equipped to handle the underwriting, the program does not consider the borrower’s total financial circumstances and it does not emphasize “re-equificaton” of the borrower.

Write to Jon Prior.



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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