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Archive for February, 2010

Thursday, February 11th, 2010

When Bob and Jane Cull returned to court last week in their decade-long legal battle against homebuilder Bob Perry, it was like starting all over again.

Jane Cull’s “nightmare,” as she calls it, has been bouncing from court to court for years.

“We’re just wondering, when will it ever end?” she said the other day in downtown Fort Worth, where their case is back in district court. Again.

The Culls are a retirement-age couple who say Perry Homes built a defective house with a broken foundation and cracked walls, but won’t fix it. The Mansfield couple took their case to arbitration and won an $800,000 award — but Perry refused to pay, saying the couple had waived their legal rights to arbitrate.

Thursday, February 11th, 2010

The U.S. Treasury Department is considering the sale of a $2.2 billion investment in Citigroup Inc.’s junior debt, aiming to lock in a profit from the lender’s 2008 bailout, people briefed on the matter said.

Treasury officials have sought input from financial advisers on how to best dispose of the securities, known as trust preferreds, said the people, who declined to be identified because the talks are private. One question: Whether a sale should take place before or after the government sells the 27 percent equity stake it owns in the New York-based bank.

Thursday, February 11th, 2010

President Barack Obama said he doesn't begrudge the chief executives of JPMorgan Chase and Goldman Sachs their bonuses but called their pay "extraordinary."

In an interview with Bloomberg BusinessWeek, Obama also underscored his call for shareholders to have more of a say on executive pay.

Goldman, which reported a record profit for 2009, announced last week it would award CEO Lloyd Blankfein stock worth about $9 million. JPMorgan chief executive Jamie Dimon is to receive a compensation package worth around $17 million.

Thursday, February 11th, 2010

Tulsa-based BOK Financial Corp. (BOKF: 56.22 +0.12%) bought servicing rights to a $4.1bn portfolio of 34,400 mortgage loans made by Albuquerque-based Charter Bank.

The acquisition boosts BOK's $7.4bn mortgage servicing portfolio by 46%.

The loans are held by mortgage securitization giants Fannie Mae (FNM: 0.00 N/A), Freddie Mac (FRE: 0.00 N/A) and Ginnie Mae. The assets securing the loans are concentrated in New Mexico, with the remainder located in Texas, Oklahoma, Kansas, Arizona, Colorado and Idaho.

"We have a local presence in Albuquerque, with a local mortgage team to meet future mortgage needs," said BOK Financial mortgage group president Ben Cowen. "Our mortgage servicing team is very talented and we already service loans for most of these markets represented by this acquisition."

Although the acquisition is complete, the actual transfer of loans will happen in early April.

It follows a $3bn year of loans funded in 2009 by BOK Financial's mortgage group, up sharply from $1.3bn in 2008.

Write to Diana Golobay.

Disclosure: The author holds no relevant investment positions.

Thursday, February 11th, 2010

Financial institutions could face $300bn in losses related to commercial real estate in 2011 and beyond, putting smaller banks at the most risk, according to a report from the Congressional Oversight Panel (COP).

Congress established COP in October 2008 to oversee the spending of the $700bn from the Troubled Asset Relief Program (TARP). Between 2010 and 2014, the Panel found that $1.4trn in commercial real estate will mature, and almost half are currently underwater.

The real estate research firm, Foresight Analytics, found the same statistic in a recent study. According to Foresight, $770bn in commercial loans will be in negative equity between 2010 and 2014.

When the loans reach the end of the term – usually three to 10 years – the borrower takes out a new loan to stay in the property. But unemployment still hovering around 10%, offices, hotels and retail shops are emptying out. The owners of these properties either can’t pay interest and principal during the loan’s term or cannot get a refinancing with the term ends, according to the report.

Commercial property values dropped 40% since the start of 2007. Falling values push higher loan-to-value ratios, which constrict abilities to refinance. The downward pressure comes from heightened vacancy rates and decreasing rents. Vacancies range from 8% for multifamily housing to 18% for office buildings. Rents dropped 40% for office space and 33% for retail space, according to the report.

“Without more people in stores, more people at hotels, more people able to afford new or larger apartments, and more businesses seeking new or larger office space and other commercial property, the markets cannot recover and the credit and term risk created by commercial real estate loans cannot abate without the potential imposition of substantial costs on lenders,” according to the report.

The commercial real estate problem “will fall disproportionately” on smaller regional and community banks with higher exposure to the loans compared to the larger institutions. COP had a harder time predicting the potential victims on the securitization side, but, according to the report, investors hold less risk.

Banks have more exposure than commercial mortgage-backed securities (CMBS) because, unlike residential real estate, the properties serving as collateral are of a higher quality. In residential mortgage-backed securities (RMBS), banks generally kept the best mortgages and securitized the riskier ones, according to the report.

But according to the real estate data provider Trepp, CMBS investors aren’t free and clear. The rate of 30-plus-day delinquency in CMBS reached 6.49% in January, a record high.

“There is a commercial real estate crisis on the horizon, and there are no easy solutions to the risks commercial real estate may pose to the financial system and the public,” according to the report. “The Panel is concerned that until Treasury and bank supervisors take coordinated action to address forthrightly and transparently the state of the commercial real estate markets – and the potential impact that a breakdown in those markets could have on local communities, small businesses, and individuals – the financial crisis will not end.”

Write to Jon Prior.

Thursday, February 11th, 2010

Homebuilder Lennar Corp. (LEN: 22.28 +0.68%) said late Wednesday it bought ownership of two loan portfolios with a combined unpaid balance of $3.05bn.

The portfolios hold 5,500 distressed residential and commercial real estate loans from 22 failed bank receiverships, according to a press statement.

Lennar said it "indirectly" acquired 40% managing member interests in limited liability companies formed by the Federal Deposit Insurance Corp. (FDIC) to hold the seized assets.

"Acquiring and working out distressed real estate loans was a large and extremely profitable part of our business during the last major real estate down cycle in the early 1990s," said Lennar president and CEO Stuart Miller. "We are pleased to return to this business and honored to partner with the FDIC to manage, work through and add value to these portfolios of real estate loans."

Miller added: "As we have noted on our quarterly conference calls, we have been carefully preparing to invest in this space for the last two years. Our strong cash position and proven track record in this area enables us to capitalize on this market cycle and create long-term value for our shareholders. We expect these transactions will be accretive to 2010 earnings."

In January, Lennar reported net earnings of $35.6m, $0.19 per share, for its fiscal year fourth quarter that ended Nov. 30 and said it will receive a tax refund of $320m as a result of legislation that temporarily allowed companies to recoup losses from taxes paid in profitable years.

A Lennar subsidiary, Rialto Capital Advisors, will conduct day-to-day management and workout of the portfolios. Lennar is paying $243m – including a contribution from Rialto up to $5m – for the 40% interest.

The FDIC often creates limited liability companies to hold loans seized from failed banks. It's a way for the FDIC to spin off assets – similar to the way in October the FDIC sold an equity interest in a transaction bearing $4.5bn of assets from failed Corus Bank, to Starwood Capital Group.

The FDIC recently confirmed they are also considering securitization of loans from failed banks.

An FDIC source confirmed to HousingWire the department is also looking to sell rights to a mortgage-servicing portfolio previously held by Amtrust Bank. FDIC could not disclose the portfolio’s worth, but indicated a sale is desired in Q210.

Write to Diana Golobay.

Disclosure: The author holds no relevant investments.

Thursday, February 11th, 2010

Mortgage rates dipped below 5%, according to Freddie Mac’s (FRE: 0.00 N/A) weekly survey.

The average rate for a 30-year fixed-rate mortgage (FRM) was 4.97% with an average 0.7 origination point for the week ending February 11. That’s down slightly from one week ago, when the rate was 5.01%. A year ago, the average rate was 5.16%.

“Interest rates on 30-year fixed-rate mortgages are below 5 percent for a third week this year, which helps a number of homeowners to refinance their existing housing debt” said Frank Nothaft, Freddie Mac vice president and chief economist.

“In mid-June of last year, for example, 30-year fixed-mortgage rates topped nearly 5.6%. Currently, the monthly payments would be almost $77 per month lower on a $200,000 loan balance,” Nothaft added.

Bankrate.com’s survey of large banks and thrifts put the average rate for 30-year FRM at 5.15% with an average 0.44 point, steady from its average a week ago. Last year, Bankrate.com put the 30-year FRM at 5.34%.

Freddie said the 15-year FRM averaged 4.34% with an average 0.6 point, down from last week’s average of 4.4% and a year ago, when the average was 4.81%.

Bankrate.com put the 15-year FRM at 4.52% with a 0.44 origination point, down from 4.55% a week ago.

The five-year Treasury-indexed hybrid adjustable-rate mortgage (ARM) averaged 4.19% with an average 0.6 point, down from last week’s average of 4.27% and last year’s average of 5.23%. Bankrate.com put the five-year ARM at 4.56%, steady from last week. Freddie said the one-year Treasury-indexed ARM averaged 4.33% with an average 0.6 point, up from last week when it averaged 4.22% but down from last year’s average of 4.94%.

Write to Austin Kilgore.

The author held no relevant investments.

Thursday, February 11th, 2010

A year ago this week, the Obama Administration outlined a Financial Stability Plan to address frozen credit markets, weakened bank capital, a backlog of troubled mortgage assets on bank balance sheets and falling home prices, according to Treasury Department secretary Tim Geithner.

"At the time, with America in a deep recession, it did not matter if you were a company large or small, a family trying to buy a house, a car or even to put your kids in college; loans were not available," Geithner said in a statement issued Wednesday.

He added: "A year later…[a]ccess to credit is improving and the cost of borrowing for businesses, consumers, homeowners, and state and local governments have fallen sharply."

He said the administration has trimmed the expected cost of the bailout by $400bn, through encouraging private capital solutions rather than relying on public funds. He urged Congress to adopt Obama's proposed Financial Crisis Responsibility Fee, which will tax the largest banks until all bailout funds are returned.

In a report (download here) on a year of the Financial Stability Plan, the Treasury said the expected impact of stabilization efforts on the federal deficit was reduced from more than $550bn, likely down to below $120bn.

"Income generated by the Federal Reserve's portfolio and other government programs should offset much of the potential losses from GSEs," the report reads, in part.

The report states securitization markets have reopened, partly due to the Term Asset-Backed Securities Loan Facility (TALF) – which has helped lower spreads and improve asset-backed securities (ABS) issuance (illustrated below):

"Announcements for the Public-Private Investment Program (PPIP) last year had a notable impact on prices, which have continued to improve since the Public-Private Investment Funds started to purchase legacy securities from banks last fall," Treasury said in the report.

The Treasury is not the only regulator taking stock of its stabilization efforts a year later.

Federal Reserve chairman Ben Bernanke said this week a series of Fed policy wind-down methods are being tested. The Fed may first drain excess reserves built up over many months through extraordinary asset-purchase programs, and then begin to raise interest rates. Or the Fed could pursue both options simultaneous to facilitate a quicker exit. Ultimately, economic developments will determine the exit process.

Write to Diana Golobay.

Wednesday, February 10th, 2010

After hitting a record high in 2009, US foreclosure filings in January dropped 10% from the previous month, according to the online market place RealtyTrac.

More than 315,000 homes received a foreclosure filing, which include default notices, scheduled foreclosure auctions and bank repossessions. Although the numbers improved from December, levels remain 15% above January 2008.

“January foreclosure numbers are exhibiting a pattern very similar to a year ago: a double-digit percentage jump in December foreclosure activity followed by a 10 percent drop in January,” said James Saccacio, CEO of RealtyTrac. “If history repeats itself we will see a surge in the numbers over the next few months as lenders foreclose on delinquent loans where neither the existing loan modification programs or the new short sale and deed-in-lieu of foreclosure alternatives works.”

Broken down into categories, default notices dropped 12% from December but stayed 4% above levels in January 2009. Scheduled foreclosure auctions also fell 11% from December and remained 15% above the amount a year ago. Activity in real estate owned (REO) property sales fell 5% from December but grew 31% from January 2009.

Nevada continued to lead all states in terms of foreclosure rate. There, one in every 95 homes received a filing in January, more than four times the national average. Arizona jumped to second with a 4% increase in foreclosure activity. One in every 129 Arizona homes received a filing in January.

California foreclosure filings dropped more than 10%. There, one in every 187 homes received a filing in January, the third highest rate in the country. Florida wasn’t far behind as one in every 187 homes received a filing, a 15% drop from the previous month.

Of the top-10 metro areas hardest hit by the foreclosure crisis, Phoenix was the only one to post a monthly increase. One in every 102 homes there received a filing in January, a 4% increase. Las Vegas had the highest metro foreclosure rate with one in every 82 homes receiving a filing for the month, a 2% drop from December and a 21% decrease from January 2009.

Write to Jon Prior.

Wednesday, February 10th, 2010

December housing transaction volume continued to increase year-on-year in Miami and prices remain stable from the previous month, according to the latest data from MDA DataQuick.

In December, 8,259 new and resale houses and condos were sold in the three-county Miami market. That’s an increase of 19.1% from November and an increase of 41.3% from December 2008, when 5,846 homes were sold.

The 2009 total was the highest for a December since 2006, but still the third lowest total since 1997, when DataQuick began tracking the market. DataQuick said it’s normal for sales to increase from November to December, adding in 2009, the increase was less than the 13-year average of a 29.6% increase.

Sales volume continued a 10-month run of year-over-year increases for all housing types. Existing single-family homes and condos are on a similar 13-month run, but December 2009 new home sales decreased from December 2008’s level, a monthly trend experienced in 42 of the past 43 months.

Like in many other US markets, Miami homebuilders have struggled to compete with excess foreclosure inventory on the market. While December’s new home sales volume was up 31% from November, it was still the lowest tally for the month since 1997 and only accounted for 8.6% of all sales in December, DataQuick said. Over the past decade, new home sales have taken an average 20.3% share of total sales activity.

There were 3,611 condo sales in December, up 18% from November and up 61.5% from a year ago. It’s the highest volume of condo sales since 2004, when 4,407 condos were sold. Condo resales accounted for 43.7% of all Miami sales in December, up from 38.2% last year and the 10-year monthly average of 31.5%.

As a result of the surge in condo sales, housing units priced between $50,000 and $150,000 increased 98.5% from December 2008. Sales between $50,000 and $150,000 accounted for 47.5% of total home sales in December, up from 33.9% in December 2008 and 15.2% in December 2007.

Sales of homes priced above $1m were also up in December. There were 243 sales priced at $1m or more during the month, up 51% from 161 in November and 28.6% from 189 in December 2008.

The median price paid for all new and existing housing was $155,000 in December. That’s even from November, but down 22.5% from $200,000 in December 2008. After declining for 27 straight months, December’s year-over-year price decline was the smallest since the median dropped 22.2% in November 2008. December’s median was down 46.6% from the peak median of $290,000 in June 2007.

The median price for existing condos in December was $105,000, even from November, but down 23.7% from a year ago and down 54.8% from the peak of $219,000 in July 2006.

The median price for existing single-family homes in December was $188,000, up 1.7% from $184,800 in November but down 14.5% from a year ago and down 44.1% from June 2007’s peak of $340,000.

Federal Housing Administration (FHA)-backed mortgages were used to fund 42.5% of all purchase loans in December, down from 48.5% in November but up from 35% a year ago and 5.4% two years ago. Adjustable-rate mortgages accounted for 5.7% of all purchase mortgages, even from November, down from 6.9% in December 200 but up from the decade low of 4.4% in May 2009.

Absentee buyers — generally investors, but anyone who indicates at the time of sale their property tax bill should be sent to a different address — accounted for 29.3% of all homes sold in the Miami area in December, up from 28.8% in November and 26.6% a year ago.

Cash purchases accounted for 54% of all December sales and those buyers paid a median $120,000 for their homes.

Write to Austin Kilgore.



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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