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Archive for January, 2010

Tuesday, January 26th, 2010

Annual home price declines were in the single digits in November 2009, as the Standard & Poor’s (S&P)/Case-Shiller home price indices continue a 10-month run of improved results.

The monthly indices track existing home prices every month on a year-over-year basis in 20 markets, broken down in 10-city and 20-city composites. The 10-city composite declined 4.5% and the 20-city composite declined 5.3% in November 2009 compared to November 2008.


As seen in the chart above, the November declines in the 20 metro areas and both composites were lower than their respective annual declines in October. But only five markets experienced price increases from October to November.

“While we continue to see broad improvement in home prices as measured by the annual rate, the latest data show a far more mixed picture when you look at other details,” said S&P’s index committee chairman David Blitzer.

Four markets — Charlotte, Las Vegas, Seattle and Tampa — posted the lowest index levels in four years. In other words, Blitzer said, any gains those markets experienced in recent months are erased and November is now considered the current trough value.

Other markets show continued price growth throughout 2009. Los Angeles, Phoenix, San Diego and San Francisco have seen prices increase for at least six consecutive months and Dallas, Denver, San Diego and San Francisco are back in positive annual price change territory, “something we really haven’t seen in at least two years in most markets,” Blitzer said.

“While these data do show that home prices are far more stable than they were a year ago, there is no clear sign of a sustained, broad-based recovery,” he added.

A second house price index released Tuesday by the Federal Housing Finance Agency (FHFA) showed national prices increased 0.7% on a seasonally adjusted basis from October to November. The increase comes after October’s previously reported 0.6% increase was revised to 0.4%. For the 12 months ending in November, U.S. house prices rose 0.5%. The U.S. index is 10.3% below its April 2007 peak.

The Pacific Census division led all monthly price gains, posting a 2.3% increase, followed by the South Atlantic (2%), Mountain (0.7%), West South Central (0.3%) and East North Central (0.1%). The West North Central division was flat from October, followed by monthly losses in the Middle Atlantic (0.1%), New England (0.3%) and East South Central (0.4%) divisions.

Write to Austin Kilgore.

Tuesday, January 26th, 2010

Pimco's Bill Gross updates his investment outlook for 2010, mixed with state-of-the-market summary:

"There have been numerous changeups and curveballs in the financial markets over the past 15 months or so. Liquidation, reliquification, and the substituting of the government wallet for the invisible hand of the private sector describe the events from 30,000 feet…."

As well as the state of global economies against a backdrop of public debt he calls the ring of fire, writing that "once a country’s public debt exceeds 90% of GDP, its economic growth rate slows by 1%.":


Tuesday, January 26th, 2010

Reports out of Washington have Dodd doing an about-face on the CFPA, with a new willingness to sacrifice its creation as a means of breaking the bipartisan bickering that repeatedly tripped up the efforts to pass anything that even vaguely resembled serious financial services reform. Should Dodd follow through and agree to scrap CFPA, it will be an astonishing turn of events.

Even if the proposed agency stays in the legislation, the fact that Dodd would even consider dropping CFPA is a huge victory for the financial services industry, which lobbied furiously against its creation. For an industry that appeared to have little lobbying muscle at this time last year, it more than proved itself capable of standing up for what it believed in. Likewise, it is a victory for Federal Reserve Chairman Ben Bernanke and the heads of the various regulatory agencies that opposed the concept of a CFPA – albeit for turf war concerns rather than perceived inadequacies in the proposal.

Tuesday, January 26th, 2010

[Update 1: Adds details on the asset's recent under-performance.]

Negative rating actions are not likely to follow the transfer of Manhattan's Stuyvesant Town/Peter Cooper Village [pictured above] back to the lender, Fitch Ratings said late Monday.

The credit-rating agency indicated its analysis of the asset – valued at an estimated $1.8bn – would not change under any near-term transfer of ownership away from Tishman Speyer Properties and BlackRock Realty. The properties include 56 multi-story buildings spanning 80 acres and 11,227 apartments.

News of the intended ownership transfer comes just weeks after Tishman and BlackRock said they would miss a scheduled repayment to senior lenders on a bond used to finance debt from the joint purchase. It marks the second-largest commercial mortgage default after the Extended Stay Hotel default pushed commercial mortgage-backed securities (CMBS) delinquencies up 85 bps in November.

Tishman and BlackRock over the weekend confirmed reports of an intended transfer of operations back to the lenders to avoid bankruptcy. The firms for weeks tried to negotiate a restructuring of debt and ownership.

"It was our hope in these discussions that our partnership would remain as part of the long-term ownership,” a spokesperson told HousingWire. “Over the last few days, however, it has become clear to us through this process that the only viable alternative to bankruptcy would be to transfer control and operation of the property, in an orderly manner, to the lenders and their representatives.”

The spokesperson added: “Tishman Speyer would not consider a long-term management contract to continue operating the property that does not involve ownership. Without a restructuring that would keep our ownership group as part of the equity, we felt it best that the new owners install a new management team.”

Tishman and BlackRock, as sponsors for the $3bn securitized loan, would transfer control of the property back to CWCapital Asset Management through a deed-in-lieu (DIL) of foreclosure, Fitch noted. CWCapital is the special servicer on the five CMBS trusts containing the $3bn loan.

Fitch said holders of $1.5bn of mezzanine debt, which is secured by ownership interest in the borrowing entity, may have available remedies that could delay or prevent a DIL.

Prior to the transfer of the $3bn loan to special servicing in November 2009, Fitch downgraded three of the four transactions containing portions of the loan. The action came as the result of continued under-performance and an adverse New York Court of Appeals ruling. Actions-to-date recognize only half of Fitch's expected losses on the loan.

Multi-family CMBS has seen the effect of the Stuy Town-related fallout in the past six months. Fitch indicated in September 2009 the exposure to Stuy Town debt presented "concern" in US CMBS. Moody's Investors Service also said in October it would watch 85 CMBS classes after the New York court ruling in favor of Stuy Town/Peter Cooper tenants presented a negative credit event on the debt.

As HousingWire previously reported, credit-rating agency Realpoint projected the delinquency rate on the overall unpaid balance of CMBS may grow as much as 31-58% by mid-2010, factoring in the potential default of the Stuy Town loan.

Despite the upset in near-term ownership of the properties, tenants need not worry, according to HousingWire's sources. “This is a rent regulation town, so you can’t evict,” said an urban researcher at New York University who asked to remain anonymous. “Even if the property is declared bankrupt, they’ll be fine.”

Write to Diana Golobay.

Tuesday, January 26th, 2010

With more than half of all modified loans expected to re-default in 2010, servicers are likely to increase the use of principal forgiveness, as an option to bring these continually distressed mortgages current, rating agency DBRS said in commentary yesterday.

Further, the agency expects principal forgiveness to become the loss-mitigation strategy of choice this year among servicers.

Despite a growing number of government-backed modifications, DBRS noted that mortgages that are more than 60 days delinquent typically also comprise more than half of modified loans on the books after six months.

"[This] 50% re-default rate on modifications continues to be staggering given the income verifications and trial modifications being done by many servicers," the agency said in the commentary today.

That trend shows no sign of relenting, as Amherst Securities Group noted "tragic" re-default rates in November. Laurie Goodman of Amherst has said the fundamentals of certain modification programs put them at a disposition for unsuccessful modification. The Treasury Department’s Home Affordable Modification Program (HAMP), for example, is “destined to fail” she said, as it does not address negative equity issues even after principal reduction.

The use of monthly principal and interest payment reductions accounted for more than 80% of all modifications implemented in Q309, based on a DBRS study of the quarterly mortgage metrics report released by the Office of the Comptroller of the Currency (OCC) and the Office of Thrift Supervision (OTS).

The occurrence of principal reduction in more recent vintages of mortgage-backed securities (MBS) coincides with better performance than older vintages,  the agency said. And the practice is growing – accounting for 13% of all modifications in Q309, from 10% in Q209 and 3% in Q109.

For this reason, DBRS said modifications that forgive mortgage debt will likely become the preferred loss mitigation strategy for servicers during 2010. DBRS also expects the US government to continue the call for large-scale loan modifications this year.

The DBRS projections come despite recent indications the Administration will not include a greater reliance on principal reduction as part of its Making Home Affordable (MHA) Program of modification, refinance and foreclosure prevention initiatives.

Write to Diana Golobay.

Tuesday, January 26th, 2010

Analysts at Barclays Capital (BarCap) project mixed results from the real estate investment trust (REIT) sector, as the companies begin releasing their Q409 and year-end earnings reports.

On average, the analysts expect fourth quarter funds from operations per share (FFOPS) for the REIT sector to increase 6.1% year-over-year, but decline 28.1% on an operating basis, which they define as excluding non-recurring items. For 2009, BarCap expects FFOPS to decrease 4%, or 17.8% on an operating basis compared to 2008. Looking forward, BarCap projects FFOPS to increase 4.5% in 2010, but decrease 10.2% on an operating basis.

The difference between the positive FFOPS and negative operating basis projections are a function “material one-time charges taken by most of the companies” BarCap covers. The greatest disparity will come in the multi-family and industrial REIT sectors, while the analysts expect the office sector to fare the best, despite showing FFOPS declines of 20.7%. Regional malls and shopping centers are also projected to show FFOPS declines for the quarter. BarCap warned additional non-recurring items may also impact REIT results.

“While not baked into our Q409 estimates, we would not be surprised to see additional non-recurring items this quarter. The transaction market has improved somewhat, which may cause some companies to mark down development projects and/or land banks; ongoing debt buyback activity could similarly drive charges and/or gains,” the analysts wrote.

Last week, BarCap downgraded the REIT industry over concerns that earnings growth will lag compared to other investment opportunities. In that report, BarCap projects REITs will come out of the current downturn with a greater absolute market share, citing a trend of a growing distinction between real estate broadly and publicly traded real estate, “and further between those REITs with access to capital and growth potential and those that are more challenged,” the research said, resulting in an uptick in the number of companies seeking to go public.

BarCap’s analysis seems to echo a Deutsche Bank report on the sector. “We see full valuations and few catalysts that would give us another year like '09 which saw the industry storm back from considerable turmoil. However, we don't see many negative catalysts, which would drive REIT share prices meaningfully lower either,” the Deutsche analysts wrote.

“On balance, we are looking for a 5-10% total return for the group in 2010 with investors receiving, at the low end, little more than the dividend and, at the high end, benefiting from some early earnings-accredited capital deployment,” the outlook added.

Write to Austin Kilgore.

Monday, January 25th, 2010

The Federal Housing Administration Mortgagee Review Board (MRB) permanently withdrew FHA approval for four mortgage lenders and suspended a fifth. Further, the MRB placed two more on a six-month probation period.

The lenders losing approval are: Strategic Mortgage Corporation, ProMortgage, Americare Investment Group, which does business as Premier Capital Lending and TopDot Mortgage. The MRB suspended FHA approval on Home Mortgage Inc. (HMI) for six months. In addition to losing its FHA approval, TopDot faces action from the Government National Mortgage Association, or Ginnie Mae.

According to the FHA announcement, Strategic allegedly failed to comply with federally-mandated requirements on mortgages backed by the government. The originator allegedly charged borrowers excessive fees, and failed to disclose all fees on the Good Faith Estimates (GFE). The MRB will also seek $71,000 from Strategic in penalties.

ProMortgage lost its FHA approval for allegedly failing to adopt and maintain a quality control plan or perform quality control reviews of loans that slipped into default within six months after closing. Among other allegations, the MRB charges ProMortgage for allegedly allowing borrowers to provide verification of employment directly to the lender instead of the employer sending the documentation. That requirement is in place to avoid possible manipulation or falsification of the documents. The MRB will seek $124,000 in penalties from ProMortgage.

Americare’s violations stem from a settlement in Oct. 8, 2009, when the company agreed to pay $124,000 and enter probation for six months. The MRB revoked its FHA approval for allegedly failing to make a single monthly payment on that agreement.

In June 2009, the US District Court for the Northern District of Illinois indicted the CEO of HMI for allegedly profiting on 450 fictitious mortgage loans. HMI allegedly failed to notify FHA of the indictment as required.

TopDot Mortgage also lost its FHA approval for a number of allegations, which include failing to document the borrowers’ income, evaluating creditworthiness and approving loans with excessive debt-to-income ratios without justification. The MRB will also seek $674,000 in penalties.

Ginnie Mae will also terminate TopDot as an issuer in its mortgage-backed securities (MBS) program and will revoke its ability to continue servicing Ginnie Mae securities. LoanCare Servicing Center received servicing rights on the TopDot $181.2m Ginnie portfolio.

"This lender demonstrated a pattern of utter disregard for how we do business and its behavior not only put the FHA insurance fund at risk, but placed their own customers at greater risk of foreclosure," said FHA commissioner David Stevens.

The MRB also placed two lenders on a six-month probation period. Action Mortgage Corporation and Cooper and Shein allegedly conducted misleading advertising practices. The MRB will seek $7,000 in penalties from Action Mortgage and $11,000 from Cooper and Shein, which did business as Great Oak Lending Partners.

"FHA approval is a privilege that we entrust to the most responsible lenders. If any lender violates that trust, the MRB will take action to protect borrowers, the FHA insurance fund and FHA programs,” Stevens said.

The actions come after the US Department of Housing Development subpoenaed 15 mortgage companies for high insurance claims.

The lenders in today's crack down can file for appeal within 30 days.

Write to Jon Prior.

Monday, January 25th, 2010

So the fight is on to see whether consumers will get an agency that looks out only for them. Elizabeth Warren, the Harvard professor who originally came up with the idea of a consumer financial agency, sent a letter on Jan. 20 telling supporters that “the next few weeks will determine whether families will have to play by rules written by the banks and for the banks — rules that let the industry get away with anything.”

The day before, Ralph Nader penned a note to Connecticut’s lame duck Senator Christopher Dodd, who, much to the glee of business, has reportedly been warming up to the ABA’s idea of keeping the consumer protection function under the wraps of the safety and soundness folks.

Nader told Dodd that a decision to drop the agency would “signal to consumers across the land that you, as chair of the Committee on Banking, Housing and Urban Affairs, have lost touch with Main Street interests.” There could be motivation for Dodd to wean himself away from any populist inclinations. He will be needing a job soon, and it’s probably a safe guess that he won’t be pitching for a five-figure gig with some do-good consumer group.

Monday, January 25th, 2010

Fraudulent reductions in Home Equity Lines of Credit (HELOCs), revolving credit collateralized by one's home, may become the focus of a forthcoming series of state-led hearings in Tallahassee, and the man behind the plan is setting big banks in his sights.

Florida State Senator Mike Haridopolos is calling for a round of investigations to explore claims that banks fraudulently or arbitrarily reduced HELOCs to improve their bottom lines, according to a press statement this weekend.

"I have heard the stories of this happening across our state and our country, and the courts are filled with lawsuits," Haridopolos said. "This needs to be investigated because, if true, it's outrageous."

The Republican State Senator is also calling on Congress to conduct national hearings. Specifically, Haridopolos is urging the examination of this alleged practice within banks that received government funds through the Troubled Asset Relief Program (TARP).

“When Congress gave away the taxpayers’ money to the banks, they guaranteed the public that if the banks did not use it to lend money, they would immediately call for hearings and hold the banks accountable," Haridopolos said.

He added: “Since then, we have seen the President sit down with the leaders of the big banks and refuse to meet with the average Americans who are being hurt by their practices… I can tell you, the banks may control [Washington] DC, but the people control Florida and we're going to keep it that way.”

Haridopolos is calling for hearings to feature testimony not only from homeowners, but consumer groups and banks, "so that everyone has a chance…to weigh in," according to the press statement.

Federal regulations allow HELOC suspensions under adverse financial circumstances and in situations where the underlying property experiences a significant decline in value. According to the statement from Haridopolos' office, homeowners claim banks allegedly use false pretenses in order to freeze their family capital.

Florida is not immune to the substantial peak-to-trough house price declines. And a spokesperson for Haridopolos told HousingWire some borrowers claim banks order no appraisals and make no assessment of actual property value decline before freezing their HELOCs.

Similar claims by an Illinois homeowner recently resulted in a suit against JP Morgan Chase (JPM: 37.21 -0.75%). The suit alleged Chase froze a HELOC without disclosing its valuation methods or explaining to the borrower to what degree the house value fell.

Despite the allegedly fraudulent HELOC freezes and the scarcity of new HELOC lending, consumers in hard-hit areas like Florida are still buying in ways that aren’t measured against the backdrop of local foreclosures and price declines.

Write to Diana Golobay.

Disclaimer: The author held no relevant investment positions.

Monday, January 25th, 2010

A trade group for the appraisal management company (AMC) industry warned that if proposed legislation repealing the Home Valuation Code of Conduct (HVCC) is passed, it may lead to the same damaging business practices that puts undue pressure put on property appraisers.

The specific legislation that catches the ire of the Title/Appraisal Vendor Management Association (TAVMA) is HR 1728 which passed the House of Representatives and is awaiting Senate approval. The financial reform bill includes a provision to repeal the HVCC.

TAVMA warns that without the HVCC, mortgage brokers and other commissioned-based lender employees will again be able to handpick appraisers and communicate with them without an independent “firewall.” Appraisers may be subject to overt and implied pressure to inflate estimates in order to artificially sweeten mortgage deals.

Currently, the HVCC supplies that much-need firewall, TAVMA says: “Unbiased home valuations protect consumers and encourage lenders to provide home financing,” said TAVMA executive director Jeff Schurman in a press statement. “Turning back-the-clock, and letting parties who are compensated based on closed deals order and interact with appraisers will inevitably lead to pressure and inflated appraisals.”

Since Fannie Mae (FNM: 0.00 N/A) and Freddie Mac (FRE: 0.00 N/A) implemented the HVCC last May, many lenders have turned to AMCs to facilitate compliant appraisals. On one side of the debate, lenders and brokers argue that AMC-hired appraisers are often paid less because the firms take a cut of the appraiser fee. Other complaints include allegations that AMCs use out of market appraisers who aren’t qualified to value homes in specific markets and appraisers travel too far for work or use inaccurate or wrong comparable sales to conduct appraisers.

TAVMA contends the AMC industry it represents provides lenders with objective appraisals. It claims AMCs use licensed and certified local appraisers who travel on average 13 miles or less to assignments. TAVMA said AMCs have systems in place to challenge an appraisal in case incorrect or incomplete comps are used. The trade group also argues that appraisal quality and appraiser objectivity has improved since the HVCC was implemented.

“If Congress wants to help consumers, and not just a small group of interested parties, it will make sure that it retains safeguards to protect appraiser independence, before it discards new rules that are already doing this job,” Schurman said.

Since the HVCC’s implementation, there have been multiple attempts to repeal the code or at least slow it down. Rep. Travis Childers, D-Miss., introduced House Resolution (HR) 3044, along with 123 cosponsors. The bill would impose an 18-month moratorium on the HVCC. The bill is now sitting in the House Financial Services Committee.

Lawmakers passed an amendment to HR 3126 — the bill that would create the Consumer Financial Protection Agency — that would outright eliminate the code. That resolution passed the House Financial Services Committee but still needs a majority vote from the House of Representative.

Two other bills that would also repeal the HVCC, resolutions 1728 and 4173, already passed the House of Representatives and are on to the Senate.

Even if the HVCC is repealed, Schurman believes lenders, especially those that continue to hold loans on their balance sheets, will continue to look to AMCs as a means to provide independent appraisals.

“The tide has changed as far as the way that lenders look at appraisals. They’re not just looking at them as just a piece of paper in a file,” Schurman said. “Freddie Mac has said on three different occasions the quality of appraisals has gone up since HVCC and they’re not going to forget that when and if the HVCC is sunset in some way.”

Write to Austin Kilgore.

The author held no relevant investments.



Origination/Lending
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Servicing/Default
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