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Archive for February, 2010

Wednesday, February 17th, 2010

The Department of Justice (DoJ) recently announced moves to beef up its investigations into alleged discriminatory mortgage lending and servicing practices.

The decision, likely to result in more investigations into the practices of mortgage lenders and servicers, in part prompted Wolters Kluwer Financial & Compliance Services, to create a new unit to help clients mitigate operational risks such as this.

The Netherlands-based workflow solution provider launched the new business unit, called ARC Logics, to focus on audit, risk and compliance (ARC) challenges.

“More stringent scrutiny and demand for transparency by regulatory agencies, increased globalization and a greater dependence on outsourcing, all underscore the need for organizations to take a more unified, efficient approach to enterprise risk management,” said Brian Longe, CEO of Wolters Kluwer.

Many professionals in the financial industry are preparing for the heightened scrutiny. More than half, or 52%, of bank executives responding to a recent survey said they intend to make changes to their firms’ enterprise risk management (ERM), while 13% plan to add staff to address a growing focus on ERM and corporate governance.

“By selecting and integrating the compliance and risk management tools they need from the ARC Logics suite, even the largest, most diverse organizations can synchronize their audit, risk and compliance efforts across all processes, operating units and geographies,” Longe said.

The new unit will offer a suite of software and services to help more than 1,800 client companies address risks as they evolve in a changing compliance landscape, Wolters Kluwer said.

The "CCH TeamMate" offering provides a paperless system for the audit process, while the "Sword" brand monitors compliance and risk and "Axentis" reduces exposure to compliance and risk.

ARC Logics serves 350,000 users in more than 100 countries, Wolters Kluwer said. Ian Rhind, a previous president and CEO of CCH Canadian, another Wotlers Kluwer business, will lead ARC Logics as president.

Write to Diana Golobay.

Wednesday, February 17th, 2010

Servicers participating in the Home Affordable Modification Program (HAMP) converted 116,297 permanent modifications through January, up from 66,000 in December, according to the US Treasury Department.

The Treasury launched HAMP in March 2009 to provide capped incentives to servicers for the modification of loans on the verge of foreclosure. According to the latest Troubled Asset Relief Program (TARP) transaction report, the total cap for the 112 servicers under HAMP stands at $36.8bn.

More than 76,000 active modifications need only a borrower signature to become permanent, totaling 190,000 permanent modifications approved by servicers. More than 1m three-month trial modifications commenced through January, and servicers offered 260,000 more.

CitiMortgage and GMAC led all servicers by completing active trial modifications on 50% of their HAMP-eligible mortgages. For CitiMorgage it’s an increase from 47% in December. GMAC increased its percentage from 44%.

CitiMortgage has 246,038 HAMP-eligible loans in its portfolio. It provided 10,929 permanent modifications through January, the fifth most of any servicer in the program.

GMAC has 65,751 in its HAMP-eligible portfolio. It provided 11,494 permanent modifications, the fourth highest of any servicer. It’s an increase from 9,872 in December.

Saxon Mortgage Services, a subsidiary of Morgan Stanley (MS: 18.56 +2.26%), which conducted active modifications on 48% of the 71,429 HAMP-eligible loans in its portfolio, up from 46% in December. Saxon completed 5,312 permanent modifications, up from 2,497 in December.

Wells Fargo (WFC: 29.60 +1.89%) completed 17,652 permanent modfications, the most of any servicer in the program more than doubling the 8,424 modifications in December. Wells had active modifications on 38% of the 357,483 HAMP-eligible loans, up from 34 in December.

JPMorgan Chase (JPM: 37.21 -0.75%) had the third most permanent modifications at 11,581 through January, up from 7,139 in December. It had active modifications on 38% of the 432,416 in its HAMP-eligible portfolio, up from 36% in December.

Bank of America (BAC: 7.29 -0.14%) provided 12,761 permanent modifications through January, up from 3,183 in December. In November, BofA had 98 permanent modifications. BofA completed active modifications on 22% of the more than 1m in its HAMP-eligible portfolio, up from 19% in December. BofA signed the first agreement to participate in the second-lien mortgage modification initiative under HAMP.

To qualify for HAMP, a mortgage must have a current unpaid principal balance of less than $729,750 be occupied by the owner and originated prior to Jan. 1, 2009. Qualifying borrowers must be employed. More than 57% of the borrowers who received permanent modifications claimed a loss of income as the predominant reason for hardship. More than 10% claimed excessive obligation, and 2% claimed illness of the principal borrower.

At the outset of the program, servicers collected the documents during the three-month trial plan, creating a lag time in the permanent conversion rate. The Treasury and the Department of Housing and Urban Development (HUD) changed guidelines on how servicers introduce borrowers into the program. The changes go into effect June 1, 2010.

The Treasury admits that the program is not for every borrower. Seth Wheeler, senior adviser to the Treasury when speaking at the American Securitization Forum (ASF) in Washington, DC, said the Treasury is shifting its focus away from modifications as HAMP is not always the best solution. A new program, the Home Affordable Foreclosures Alternatives (HAFA), will provide incentives to servicers to provide short sales and deeds-in-lieu of foreclosure. HAFA launches in April 2010.

Critics of HAMP claim that the program isn’t having the effect the Obama Administration first promised when it set a target of 3-to-4m modifications. According to a report from the credit rating agency Moody’s, home prices could decline another 8% from Q409 to the end of 2010. The “underwhelming” success of HAMP would be a key driver in the decline as analysts predict 70% of cured mortgages – delinquent loans brought into current status – would re-default.

A House Committee on Oversight and Government Reform began an investigation of HAMP on concerns of the “effectiveness and efficiency" of the program.

Write to Jon Prior.

Wednesday, February 17th, 2010

The majority of banking executives oppose government intervention in setting bank compensation parameters, according to a bank executive survey conducted from Nov. 17-Dec. 3, 2009 by US audit firm Grant Thornton. The sentiment, however, is not as greatly embraced abroad.

The survey found 96% of 246 respondents do not agree the government should play a role in determining compensation, while 61% do not think a requirement to evaluate compensation will reduce excessive risk-taking.

A majority of bankers – 58% – said increased government involvement will hinder the ability to recruit and retain good executive management. Only 21% of respondents plan to change their pay option over the next 12 months.

More than half, or 52%, of bank executives said they intend to make changes to their firms' enterprise risk management (ERM). A higher share of larger banks – 59% – than of smaller banks – 47% – plan on changing ERM processes.

Only 33% of respondents said they intend to implement new risk management programs, and 13% plan to add staff to address a growing focus on ERM and corporate governance.

“With new Federal Reserve Board (FRB) initiatives and new regulatory guidance in place,  banks will need to conduct in-depth reviews of their incentive compensation plans to ensure that their plans don’t result in unnecessary risk and impair shareholder value,” said Henry Oehmann, National Executive Compensation Services director for Grant Thornton.

Oehmann added: “At the same time, TARP [Troubled Asset Relief Program] regulations, the FRB guidance and new SEC [Securities Exchange Commission] disclosure rules have heightened the importance and public disclosure requirements regarding risk management in executive and incentive pay. While most of the banks surveyed have not noted this increased role, the federal regulators clearly see ERM as a key factor in executive and incentive pay practices.”

Executives at London-based global financial services firm Barclays Bank are already taking steps to reign in executive pay practices, with executive directors John Varley and Robert Diamond Jr voluntarily declining to take any bonus for 2009.

"We know that the subject of banks and, in particular, the subject of bankers' pay, is a matter of intense interest and I would say intense concern to lots of citizens of this country [the United Kingdom] and countries all around the world," Varley said in a filmed interview with Cantos, a video media production service.

"I think it's important in those circumstances, and recognizing also that governments have helped the banking system as much as they have over the course of the last couple of years, I think it's important that banks and bankers show that they understand," Varley said, according to a transcript of the Cantos interview. "That they send a signal that they recognize the issue, they recognize why it's a matter of concern and they behave accordingly. That's what we're doing."

He acknowledged executive pay is becoming more and more of a global issue, fueled by three years of financial and economic distress that damaged the "bond of trust" among banks, customers and stakeholders.

British Prime Minister Gordon Brown has been pushing for a global tax on banking transactions to go along with the UK bonus tax on bank executives.

"I can tell you also that I am working very hard with international colleagues — including talks this week at the European Council — to find agreement on a global bank levy to make sure that in the future the contribution banks make is properly captured," Brown told the media over the weekend.

European Union (EU) finance ministers are reported by the trade media to be teaming up in opposition of a recent proposal by President Barack Obama to limit the size of banks and the scope of their trading activities. Called the "Volcker rule" after former Fed 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.

Obama also proposed a "responsibility fee" that would tax large financial institutions that received government funds through TARP. The fee would apply to the largest US firms for at least 10 years, until all bailout funds are repaid.

The EU met yesterday to address recent initiatives to reform the US financial sector, according to Richard Reid, director of research at the International Centre for Financial Regulation (ICFR).

"President Obama’s backing for the so-called 'Volcker' rule threw the evolving international consensus on the regulatory response to the financial crisis into doubt," Reid said in commentary Tuesday. "The Obama proposals which in spirit at least, seemed to point in the direction of a separation between commercial and investment banking were not universally welcomed in Europe."

Write to Diana Golobay.

Wednesday, February 17th, 2010

Despite a lull in luxury home sales, prices are up and inventory is down in the San Francisco market, according to a joint research report released by the Rosen Consulting Group and the San Francisco Association of Realtors.

The report said there is a 3.5-month supply of single-family homes on the market, down from 5.8 months in January 2009. Condo inventory was at a 4.1-month supply, down from 9.5 months in January 2009.

The median price for San Francisco single-family homes was $720,000 in January 2010, up 18% from January 2009, which the association said appears to be the local trough for the median price.

But sales at the high end of the market continued to be dominated by all cash or large down payment transactions, said San Francisco Association of Realtors president John Lee, adding luxury property sales were closing only after protracted negotiations of the purchase price and price reductions.

“The sharp decline in household net worth across all income levels and the devaluation of many passive investments as a result of the most recent recession has led to more conservative investing even among affluent households,” Lee said.

On the opposite end of the market, condominium sales are up. There were 113 condo sales in January, compared to 78 in January 2009. Pending condo sales totaled 177 in January 2010, compared to 98 in the same month one year ago.

While Lee said he’s optimistic about the future of the San Francisco market, there are some issues that could delay the market’s recovery, including looming interest rate increases and continued high unemployment.

The results follow a separate report issued by MDA DataQuick that showed the San Francisco market ended 2009 on an upswing, with sales increasing 13.8% from November and the busiest December for the market since 2006. The December 2009 median price was up 15.2% from December 2008.

Write to Austin Kilgore.

Wednesday, February 17th, 2010

Trustees including Bank of America Corp., acting on behalf of senior creditors holding $3 billion in debt on Manhattan’s Stuyvesant Town-Peter Cooper Village apartments, asked for court approval to foreclose on the 80-acre property and have it sold.

Bank of America and U.S. Bank National Association filed the complaint yesterday in federal court in New York against an affiliate of property owner Tishman Speyer Properties LP.

Wednesday, February 17th, 2010

The U.S. Federal Reserve should sell its mortgage-backed securities holdings sooner rather than later as the economic recovery gathers steam, a senior central bank official said on Wednesday.

The Fed put in place a raft of emergency programs at the height of the financial crisis, including one to buy $1.25 trillion worth of mortgage-backed securities. Its balance sheet more than doubled to over $2 trillion in the process.

Wednesday, February 17th, 2010

The Federal Housing Finance Agency (FHFA) is proposing to establish new housing goals for the government-sponsored enterprises (GSEs) Fannie Mae and Freddie Mac for 2010 and 2011.

The Housing and Economic Recovery Act of 2008 (HERA) gave FHFA the authority to set performance goals for the mortgage giants. The goals set minimum percentages of all housing units financed by mortgages acquired by each GSE in a given year. For 2010 and 2011, the FHFA proposal set three single-family owner-occupied goals and a single-family refinancing goal.

The FHFA required, as the first goal for single-family housing, that 27% of the total number of mortgages purchased by Fannie and Freddie be of low-income family housing. The FHFA defined low-income as not exceeding 80% of the area median income.

As the second goal for single-family housing the FHFA required that 8% of the Fannie and Freddie purchases be of very low-income family mortgages. Those mortgages qualify as very low when the family income does not exceed 50% of the area median income.

The third goal for single-family housing required that 13% of the total number of mortgages purchased by Fannie and Freddie would be originated in low-income areas.

For 2010 and 2011, 25% of Fannie and Freddie purchases of refinanced mortgages must be low-income family loans.

“FHFA does not intend for the Enterprises to undertake uneconomic or high-risk activities in support of the goals," the proposal clarifies. "Further, the fact that the Enterprises are in conservatorship should not be a justification for withdrawing support from these market segments. While in conservatorship the Enterprises have tightened their underwriting standards to avoid poor quality mortgages that have contributed substantially to their losses.”

If the case of a failure to meet the goal, the GSE would be required to submit a housing plan for approval by FHFA. Under the proposal, the FHFA will also begin to conduct a monthly survey of single-family mortgage originations in 2010. The FHFA will make the survey data available to the public.

Write to Jon Prior.

Wednesday, February 17th, 2010

Bankrupt General Growth Properties (GGP: 15.96 +0.19%) said it won’t deviate from its Chapter 11 reorganization plans in order to accept a takeover offer from rival mall developer Simon Property Group (SPG: 136.69 +0.12%).

Chicago-based GGP called Indianapolis-based Simon Property's overtures at a takeover “not sufficient to preempt the process we are undertaking to explore all avenues to emerge from Chapter 11 and maximize value for all the Company’s stakeholders,” in a public letter released Wednesday.

As HousingWire previously reported, Simon Property, a real estate investment trust (REIT) and the largest publicly traded real estate company in the US, made a $10bn offer to acquire GGP, also a REIT. The offer includes $7bn in cash or stock for full recovery of par value plus accrued interest and dividends to all of GGP’s unsecured creditors and the equivalent of $9 per share to GGP’s shareholders.

Simon Property decided to publicly announce its offer Tuesday after a muted response from the GGP, they said.

According to an open letter Simon Property chairman and CEO David Simon sent to the GGP board of directors, GGP did not provide “any indication that you are prepared to enter into serious discussions so as to make our offer available to your shareholders and creditors.”

In response, GGP CEO Adam Metz sent an open letter to Simon and said his company is in the process of exploring “several potential options for the company’s emergence from Chapter 11, including a sale of the entire company as you have proposed as well as a capital raise.”

Metz said in his letter Simon Property will be included in that process, which will include GGP disclosing its financial position to certain potential buyers.

“We believe the information we would provide to you as part of this process will enable you to better understand the company, get to a higher valuation, and provide a fully documented offer,” Metz said in his letter.

GGP filed for bankruptcy in April 2009. The committee representing GGP’s creditors has come out in favor of Simon Property’s offer, which would combine the country’s two largest mall operators and give Simon a portfolio of more than 500 shopping malls and expand its reach in the luxury mall sector.

Simon Property isn’t GGP’s only suitor. Toronto-based Brookfield Properties (BPO: 17.47 -0.80%) began purchasing GGP debt late last year in a move that gives the firm a say in GGP’s future.

Write to Austin Kilgore.

The author held no relevant investments.

Wednesday, February 17th, 2010

A significant amount of weight is being placed on the upcoming pullout of the Federal Reserve from the mortgage-backed securities (MBS) market.

The success of such a move must be largely underpinned by the necessary emergence of a solid third-party investor base, be it Europe's institutional investors or Asia-based sovereign wealth funds. When dealing with MBS the best investors are those who buy to hold the bonds to maturity, reducing volatility on both the buy and sell sides.

Essentially, the Obama administration appears poised to rely on long-term investors for a long-term recovery, though I doubt we will see either.

In conversations I had at the American Securitization Forum (ASF), one source mentioned that European investors are some of the most skittish, having bailed in the third quarter of 2007 in large numbers as subprime began to break down. And with the very future of the European union in doubt, due to the recent debt troubles in Greece (next stop Italy, Spain, Portugal), it has become hard to see a hugely supportive investor base emerging.

Especially when faced with scary (European) bond stability graphs such as this:

Hamilton College political scientist Alan Cafruny, who has questioned the logic of the European Union (EU) since 2003, sums it nicely: "The Greek debt crisis has exposed the underlying contradictions of Europe's economic monetary union– a single currency and market absent a single government–at a time when the EU is beset by growing conflicts among the member states," he said. "Any resolution of the debt crisis is likely to exacerbate these conflicts, calling into question the underlying logic of Union."

Another report, this one from Reuters that deals with ultra-rich European investors, is showing a flight to commodities, so don't count on them, either.

Indeed, a Bank of America Merrill Lynch global survey of 200 fund managers reveals that "investors have scaled back their growth expectations, retreated into cash and are increasingly skeptical that the European Central Bank (ECB) will increase interest rates in 2010."

The report also finds that the proportion of European investors expecting the region’s economy to grow in the coming 12 months has fallen to 51% from 74% in January, and the proportion expecting no rate rise by the ECB in 2010 has soared to 45% from 19%. Globally, 42% of respondents now see no rate hike by the Federal Reserve before 2011, up from 27%. Hedge funds have scaled back leverage to less than one times from 1.33 times.

“Investors are questioning whether this is a pause in growth or a trend reversal. We believe it’s the former,” said Gary Baker, head of European Equities strategy at BofA Merrill Lynch Global Research.

Even more suspect is the fact that the recent offerings of US Treasuries yesterday showed waning Chinese interest in the bonds. Japan actually outstripped China in its total purchases: $768.8bn compared to $755.4bn, respectively.

At any rate, why buy bonds when the actual real estate is more tempting? Hedge funds, private wealth funds, etc. are all snapping up distressed assets, in a continuing trend since 2008. Will MBS prove to be tempting enough to pull them into the market in larger numbers?

It's not likely, considering – in another report from Reuters – that "client dissatisfaction with badly-performing investments has made them tougher negotiators on price for private banking services, squeezing profit margins and making greater efficiency at the banks all the more urgent."

But will there be buyers for MBS, almost certainly. At the ASF, a panelist anticipated that 80% of new issuance in the larger ABS market is absorbed by 20% of the investor base. While those numbers hint at a diminished investor base, they also indicate it is not completely decimated.

"This was also supported by the results of a survey released at the conference showing that a number of investors had not returned to the market as they are still worried about residential market loan modification making their cash flow modeling too uncertain," said Société Générale analyst Jean-David Cirotteau, who for the record, disagrees with my view.

"They require a higher premium, which has so far meant that issuance is too expensive," he adds. "The situation of the US investor base gives rise to some concern, but it still looks much more comfortable than the current situation in European markets."

But there is one thing Jean-David and I agree on. In the United States there will likely be government support for any fledgling and flagging programs. So I won't be surprised when Bailout 2 follows the double-dip.

And, for the record, I hope that I am completely wrong.

I just hate it when I'm right.

Wednesday, February 17th, 2010

The rate of mortgage application activity provided mixed results in two weekly surveys.

The Mortgage Bankers Association (MBA) weekly survey of gross mortgage applications was down 2.1% on a seasonally adjusted basis for the week ending February 12, compared to one week ago.

However, the Mortgage Maxx index (MAX) that’s adjusted to reflect the number of households applying for mortgages was up 0.4% for the same period.

“[G]iven the weak start to the New Year, the MAX may be telegraphing that the extension of the first time tax credit is also providing diminishing returns.  If spring transactions turn into a bust, look out for a double dip below,” Mortgage Maxx said in its weekly report.

The MBA said its seasonally adjusted refinance index was down 1.2% and its seasonally adjusted purchase index decreased 4%. Refinance applications took a 69.3% share of total applications, down from 69.7% a week ago. Adjustable-rate mortgages (ARMs) took a 4.4% share of application volume, down from 4.5% a week ago.

Write to Austin Kilgore.



Origination/Lending
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Servicing/Default
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