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Archive for January, 2010

Thursday, January 28th, 2010

The Department of Justice (DoJ) initiative to beef up investigations of discriminatory mortgage lending and servicing practices will result in more numerous and forceful reviews of mortgage lenders and servicers, including investigations that appear to merge fair lending and consumer protection principles, according to an analysis of the proposal written by global law firm K&L Gates. The firm also warns that the DoJ may be over-extending departmental authority in doing so.

During a speech at the RainbowPUSH Coalition’s Annual Wall Street Conference earlier this month, DoJ’s assistant attorney general for the civil rights division Thomas Perez announced the creation of a new unit in the department’s civil rights division is already investigating 38 allegations of reverse redlining, the practice of targeting minority or economically disadvantaged borrowers for high-cost loan products.

In addition, the Justice Department also has plans to review loan modification data the Treasury Department compiled on the Making Home Affordable Modification Program (HAMP) to analyze whether minority borrowers receive less favorable terms or conditions than comparable non-minority borrowers in their quest for a loan modification.

Perez said the department is “dusting off the Fair Housing Act and the Equal Credit Opportunity Act” by creating a Fair Lending Unit within the Civil Rights Division’s Housing and Civil Enforcement Section and pledged to step up federal efforts to investigate discriminatory and fraudulent lending and servicing practices, including the renewed focus on reverse redlining.

Perez equated lending discrimination to cross-burning, saying he sees no difference, at least in effect, between these acts and discriminatory lending. The latter, being merely “discrimination with a smile” and the “corrosive power of fine print is every bit as destructive as the cross burned in a neighborhood.”

“The department’s fair lending initiative is multi-faceted and appears to merge lending discrimination and consumer protection into a blended enforcement initiative,” a trio of K&L Gates attorneys, lead by partner Paul Hancock, wrote. “Perez’s announcement reaffirmed the department’s commitment to investigate traditional cases of lending discrimination, such as denials or differing terms of credit because of race or national origin.”

Typically consumer protection enforcement has been enforced under the purview of the Federal Trade Commission (FTC), and Hancock wrote Perez’s goals may stretch the statutory authority of the Civil Rights Division.

“Perhaps he will only prosecute this consumer protection initiative in the context of claims of racial or ethnic discrimination, but his speech gave strong indications that the two concepts—anti-discrimination and anti-fraud—will inhabit overlapping, but not coterminous, spheres,” Hancock wrote, adding lenders should expect Perez’s office will stretch the limits of the DoJ’s authority and seek an enforcement option for all situations that believed to be discriminatory or unfair.

The Justice Department program isn't the only initiative to study housing discrimination. The House Financial Services Subcommittee on Housing and Community Opportunity considered House Resolution (H.R.) 476, the Housing Fairness Act of 2009, which would authorize $20m annually for a nationwide study of discrimination in housing and mortgage lending.

Write to Austin Kilgore.

Thursday, January 28th, 2010

The CML has today published its formal Mortgage Market Review response, as well as a separate detailed report on the outlook for mortgage funding in the UK between 2010 and 2015.

The trade body has argued that with some of its proposals the regulator is overreacting without evidence to justify their actions.

It cites the requirement for income verification and the resulting ban on fast-track as an example of the FSA’s overreaction.

Thursday, January 28th, 2010

A record share of U.S. homeowners cut their loan principal when refinancing in the fourth quarter rather than tap their home's equity for cash, home funding company Freddie Mac said on Thursday.

Record low mortgage rates in the fourth quarter and a relative dearth of equity build-up after home prices fell about 30 percent on average from 2006 peaks drove consumers to pare debt.

One-third of those who refinanced shaved their loan balance, saving billions of dollars, Freddie Mac said.

Thursday, January 28th, 2010

Morgan Stanley, UBS and Barclays were among banks sued by Federal Home Loan Bank of Seattle, which seeks to recoup more than $2 billion it paid for certificates backed by faulty mortgages.

The banks made misleading statements about the asset-backed securities and the credit quality of the mortgage loans that backed them when they sold them to Federal Home Loan, according to six complaints filed in state court in Seattle last month and transferred to federal court starting Jan. 22.

The Seattle bank, one of 12 Federal Home Loan Banks in the US, wants to recover at least a portion of the purchase price, plus interest, of certificates purchased since 2005.

Thursday, January 28th, 2010

The U.S. Treasury Department and the Department of Housing and Urban Development (HUD) changed guidelines on how servicers introduce borrowers into the Home Affordable Modification Program (HAMP) to go into effect June 1, 2010.

Under HAMP, the Treasury (pictured above) provides capped incentives to participating servicers for the modification of loans on the verge of foreclosure. Through December 2009, the servicers provided more than 66,000 permanent modifications and placed more than 850,000 borrowers into active three-month trial modifications. The often-reiterated goal of the program is to reach 3-to-4m homeowners.

Servicers began ramping up efforts to gather more documents after the November HAMP numbers revealed a little more than 31,000 permanent modifications. Herb Allison, the assistant secretary for the Treasury said that at the program’s outset, the goal was to reach as many people as possible and obtain documentation during the trial period.

Critics of the program point to the lack of permanent modifications since the program launched in March 2009, its inability to provide principal forbearance and that it does not provide solutions for borrowers with negative equity as signs of its failure.

Allison pointed that principal forbearance is an option for servicers to get a borrower's debt-to-income ratio down to 31%, but that it is seldom used. He added that the Administration remains open to a program that tackles the negative equity issue. In addition, a second-lien program under HAMP attracted the first servicer, Bank of America (BAC: 7.29 -0.14%) to sign.

After the ramp-up and doubling the amount of converted permanent modifications in December, the Treasury released new requirements for upfront documents and guidance on permanent modification conversion.

Effective for all trial period plans with effective dates on or after June 1, 2010, a servicer can only evaluate a borrower for HAMP after receiving an initial package that includes a request for modification and affidavit (RMA) form; the Internal Revenue Service (IRS) 4506T-EZ form, which gives servicers the ability to pull the borrower’s tax return; and two pay stubs from the borrower for proof of income.

After 10 days of receiving the initial package, the servicer must acknowledge the request. Borrowers can send the package through e-mail and receive confirmation electronically. The servicer has 30 calendar days to review the documentation and either send the borrower a trial modification notice or inform the borrower of a decline.

“We’re making it as easy as possible for homeowners to provide the documents. A lot of the problem of converting the trial mods to permanent mods has been time delay between the verbal communication about their eligibility to actually getting the documents and sending them in,” Allison said.

Phyllis Caldwell, chief of Treasury’s Homeownership Preservation Office added that GMAC (GJM: 22.57 0.00%) and Ocwen Financial Corporation (OCN: 13.96 +1.53%) were examples of servicers who required documentation upfront in the process. As a result, the pull-through rate or the ratio of permanent modifications to amount of active trials for GMAC is 47.7%, and Ocwen is at 71.7%, according to the December report.

“We want this program to be about payment relief and affordability for homeowners, not about chasing documents back and forth,” Caldwell said.

Write to Jon Prior.

Thursday, January 28th, 2010

U.K. mortgage lender Paragon Group of Cos. PLC (PAG.LN) Thursday said overdue borrower payments dropped in the three months to Dec. 31, as low interest rates kept its buy-to-let mortgages affordable, and that it hopes to start making new loans soon if securitization markets ease further.

At 0915 GMT, shares in Paragon were up 5 pence, or 3.8% at 140 pence, outpacing broader gains in financial shares. The stock is nearly triple its price a year ago, when the outlook for the financial system and broader economy was…

Thursday, January 28th, 2010

When John King stopped making payments on his home in Coral Gables, Florida, two years ago, he assumed the foreclosure ended his mortgage contract, he said. Last month, a Miami-Dade County court gave collectors permission to pursue him for $44,000 stemming from the default.

King is among a rising number of borrowers who are learning that they can be on the hook for years after losing their homes. Amid a crisis that stripped $6.4 trillion, or 28 percent, from the value of U.S. residential real estate since the 2006 peak, lenders are exercising their rights to pursue unpaid mortgage balances. To get their money, they can seize wages, tap bank accounts and put liens on other assets held by debtors.

Thursday, January 28th, 2010

The volume of refinance loans bought by mortgage giant Freddie Mac (FRE: 0.00 N/A) continued to grow in December, swelling 41% from the previous month to $27.3bn.

In November, Freddie bought $19.3bn of refinance loans, a 7% gain from October.

Freddie's total mortgage portfolio grew at an annualized rate of 5.7% in the month, according to a monthly summary. At the same time, the aggregate unpaid principal balance of the mortgage-related investments portfolio slid to $755.3bn, from $761.8bn at the end of November.

Purchases and issuance totaled $44bn in December, bringing the full-year 2009 total to $548.37bn.

The delinquency rate in Freddie's single-family portfolio grew 15 bps to 3.87%, while the multifamily delinquency rate was virtually flat at 0.15% in December. A year earlier, the single-family portfolio was 1.72% delinquent, while the multifamily portfolio was 0.03% delinquent.

Freddie's guaranteed participation certificates and structured securities issued increased at an annualized rate of 5.9% in December. Issuance for the month included $4.4bn of guarantees under the Housing Finance Agencies (HFA) initiative, in which the Treasury Department bears initial losses on these securities up to 35% of the program-wide issuance.

Freddie in October 2009 agreed with the Treasury and sister mortgage giant Fannie Mae (FNM: 0.00 N/A) to provide assistance to state and local HFAs. Freddie said it has $7.36bn in additional outstanding commitments under the initiative, which settles this month.

The Administration's HFA initiative aims to encourage low mortgage rates and expand resources for low- and middle-income borrowers to purchase or rent affordable housing. Under the the New Issue Bond Program (NIBP) branch of the program, HFAs receive temporary financing to issue new mortgage revenue bonds. The Treasury purchases Fannie and Freddie securities backed by these bonds.

Under the Temporary Credit and Liquidity Program (TCLP) Fannie and Freddie provide replacement credit and liquidity facilities available to HFAs to reduce the costs of maintaining existing HFA financing. The program aims to relieve financial strains on the HFAs, and the Treasury provides “backstop” to the facilities by purchasing an interest in them.

Write to Diana Golobay.

Disclosure: The author holds no relevant investment positions.

Thursday, January 28th, 2010

Joseph Azrack helped Citigroup Inc. build a $13 billion portfolio of commercial real estate that has plummeted in value since his departure from the bank in June 2008. The portfolio may soon be taken over by Apollo Global Management LP. Its prospective manager: Joseph Azrack.

Apollo and Australia's Macquarie Group are the finalists in the bidding to take over Citigroup's real-estate investment unit, known as Citi Property Investors, according to people familiar with the matter.

Citigroup is selling its real-estate investment unit as it seeks to focus on core businesses such as retail banking and investment banking. The unit raised money from pension plans, wealthy individuals, and Citigroup itself to build and buy property around the world.

Thursday, January 28th, 2010

Vladimir Bien-Aime is the CEO of Global DMS

Vladimir Bien-Aime is the CEO and co-founder of Global DMS. Prior to that, Bien-Aime consulted on special technology projects that involved the analysis, design and implementation of large-scale technology systems for several of the industry’s leading corporations, including CitiGroup, Juniper Bank, First USA, WingSpanBank/Bank One and Standard & Poor's. But these days there's a line in the sand called the Home Valuation Code of Conduct, and players in the industry are taking sides. For this installment of  In This Corner he explains why HVCC needs to stay.

There's talk about Congress doing away with HVCC. What is your verdict on that regulation? Should it stay or should it go?

I feel that HVCC should stay. Before HVCC, let’s face it, the door was wide open to loans containing inflated appraised values. In order to avoid the problems of the past decade, we need to do everything we can to protect the integrity of collateral valuations. HVCC isn’t without its difficulties, but doing away with the guidelines altogether would be throwing the baby out with the bath water. Is HVCC perfect? No. Is it necessary? Absolutely. The primary complaint about HVCC seems to be low appraised values, which are actually not a result of HVCC, but rather a function of market conditions.

HUD postponed new rules over appraisals for February 15, 2010. Are these new guidelines going to clean up the appraisal process or simply slow it down?

I think they’re going to clean it up. HUD did a really good job of taking the best of HVCC and incorporating that into its existing appraisal protocol. There is one minor issue, however, that’s causing a bit of confusion. The new guidelines addresses the issue of appraiser compensation, but state only that they need to be paid what’s customary and reasonable. Without a clear definition of what “reasonable and customary” means, a lot of lenders will be left wondering if their appraisal process complies in this area.

What sort of adjustments are appraisal management companies (AMCs) going to make?

AMCs or appraisal management companies will need to ensure that their appraisers are on the FHA roster. A lot of people think that simply being licensed is enough, but it’s not. All appraisers must be certified for FHA.

Also, there’s some language that implies that lenders will need to disclose the fees they’re charging for the appraisal and the fee that the actual appraiser is being paid. While the language is a bit vague, lenders and brokers should be prepared to report their margins, in the event that the investor requires disclosure.

At a time when housing prices are on the decline, how can an appraiser feel good about a value he or she puts on a property?

A legitimate appraiser will not care what the value of a property is, and will feel neither good nor bad when it comes to the current value of a property. What he or she will be concerned with is determining a true and accurate assessment of the value of the subject property according to current conditions. The role of an appraiser is to be completely objective, without a vested interest in the outcome of the appraisal. That’s the only way we can ensure an unbiased evaluation. This is why appraisal objectivity is so important to the process.

Editor's Note: HousingWire is currently putting together its first supplement for subscribers that explores ultimately whether HVCC is a good for the mortgage finance business.



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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