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Archive for February, 2010

Thursday, February 25th, 2010

Republicans sitting on the House Committee on Oversight and Government Reform are claiming today that the Obama administration's Home Affordable Modification Program (HAMP) is a bust, saying in a report to the committee that “by every empirical measure, HAMP has failed."

The US Treasury Department launched HAMP in March 2009 to allocate capped incentives to servicers for the modification of loans on the verge of foreclosure. The $75bn program aims to modify 3-to-4m mortgages by the time it expires in 2012.

Through January, participating servicers provided 116,000 permanent modifications, an increase from 66,000 in December. In November 2009, the Treasury initially estimated 375,000 permanent modifications by the end of the year.

In a report to the committee, Rep. Darrell Issa (R-Calif.) and Rep. Jim Jordan (R-Ohio) pointed to the unmet Treasury claim as a sign of an "underwhelming" program.

At the outset of the program, servicers pressured to get as many borrowers signed into three-month trial modifications as possible did so without collecting all of the necessary documents. Servicers decided to collect such info along the way instead. According to the report, this practice hurt homeowners who did not meet the program requirements as they could have been spending the trial payments on other housing options.

The Treasury shifted HAMP guidelines to exclude a borrower from the trial period without first submitting vital documents like proof of hardship and income.

The Congressmen go on to claim that the Treasury hides and obscures certain statistics in its monthly HAMP figures. They say that in each report through November 2009, the Treasury included the amount of borrowers who received requests for financial information from the participating servicer. In November, that number totaled 3.1m. When the amount permanent modifications – 31,000 in November – is taken as a percentage, that ratio comes to 1%. In the December report, the Treasury removed that statistic.

Also, the January 2010 HAMP report shows an estimated 3.4m HAMP-eligible loans in the participating servicer portfolios. A footnote shows the requirements of the program, including loans in foreclosure or bankruptcy, having an unpaid principal balance less than $729,750 on a one-unit property, owner-occupation and that the loan was originated before Jan. 1, 2009. But it excludes the requirement that the borrower be employed, potentially bolstering the number.

The Mortgage Bankers Association (MBA) submitted a forbearance plan to the Treasury for borrowers without a job.

“The Administration’s pressure, and the servicers’ redoubled efforts, have not alleviated the foreclosure crisis,” according to the report.

An inquiry to the Treasury was not immediately returned.

Write to Jon Prior.

Thursday, February 25th, 2010

Three weeks after a senior Treasury official said that the government mortgage-bailout effort, Home Affordable Modification Program (HAMP), is not for every borrower, servicers of distressed loans are pooling together to look at alternatives.

Today at the Mortgage Bankers Association (MBA) National Mortgage Servicing Conference 2010, going on this week in San Diego, a session called "Loss Mitigation – When HAMP is Not an Option" proved to be extremely popular.

The shift away from the government plan marks a shift in the strategy of servicers as 2009 "was all about HAMP" in terms of allocating time and resources, according to Alanna Brown, director of government programs and new initiatives at Fannie Mae (FNM: 0.00 N/A) National Servicing Organization.

Increasingly, permanent HAMP mods are helping borrowers with loss of income, she said, noting 57% of most recent permanent HAMPs reported to the Treasury Department are income loss-related.

Brown noted many borrowers either current on payments or on the brink of delinquency are voluntarily seeking information on HAMP. Although many are not HAMP-eligible, it's a sign the borrower mentality is shifting to wanting some sort of workout earlier in the time line.

Another panelist, Jill Rein, partner at Pierce & Associates, noted that establishing contact with the borrower is key to finding an optimal workout, whether HAMP or non-HAMP. Rein said: "It's not always easy to get these people to realize they need to do something. We're often the ones to shake them into doing it."

Among retention solutions being kicked around are forbearance, repayment, refinance, payment reduction and modification plans. She noted foreclosure alternatives including rental strategies, pre-foreclosure sale, deeds-in-lieu (DIL) of foreclosure, Deed-for-leas (D4L), and the Home Affordable Foreclosure Alternative (HAFA) program that facilitates short sales. Foreclosure is also a non-HAMP option.

Another participant at the conference, Rich Rollins, CEO of Infusion Technologies, said servicers are seeing increasing potential in short sales and leaseback options.

He agreed with a general mentality at the conference that 2010 — and even 2011 — looks to be the "year of the short sale," which he said gives investors "immediate positive cash flow" as a non-retention strategy.

"HAFA gave [the short sale] credibility," he told HousingWire.

Brown said more banks are moving into the short sale arena, as DILs also attract a significant focus.

"As much as we talk about short sales and DILs, the average consumer doesn't know what that means or how to get one," she said. "That's something we as an industry need to remember."

Another program not widely understood, the Fannie D4L program, executes a DIL transaction with option to rent the property back and keep the former owner in the home for 12 months or more. She said borrower education is key to reaching the population of people to whom home ownership is no longer a sustainable option.

Servicers can identify that population at early stages by looking at the "inverse" of HAMP eligibility, according to Scott Holzmeister, senior vice president in loss mitigation at Wells Fargo Home Mortgage.

For example, he recommended loss mitigation teams identify newly originated loans, loans previously modified under HAMP, loans on properties other than principal residences and current loans with a "reasonably foreseeable" likelihood of default.

A servicer must also consider the reasons for HAMP ineligibility, to identify an appropriate non-HAMP option, Holzmeister said. Documentation errors or lack of documentation might prove an easier obstacle to overcome in terms of facilitating HAMP, he said, opposed to non-principal residences, loans that exceed conforming balance limits, and employment and income issues.

In fact, a key challenge facing servicers is the degree of un- or under-employment among borrowers. He recommended suspending foreclosure for a period of time. In these cases, he said, it's important to remember the delinquency will continue to age. The servicer must determine when or for how long to extend a period of suspension, Holzmeister noted, adding that "the climate today is extend, extend, extend."

"At some time, it's got to end," he said. "The borrower must either get re-employed or move into more affordable housing."

Write to Diana Golobay.

Disclosure: The author holds no relevant investment positions.

Thursday, February 25th, 2010

The unabated foreclosure crisis has spawned soaring mortgage relief scams and related complaints from consumers, according to law enforcement and consumer protection authorities.

The most telling statistic was released by the Federal Trade Commission yesterday in its annual review, which reported that nearly 1 million fraud and identity theft complaints were filed last year.

In the category of “mortgage modification/foreclosure relief,” only 1 complaint was filed in 2008. That number rocketed to 7,927 last year, the FTC said. And those likely represent a fraction of all such scams or other issues with foreclosure rescue services, since more cases than not go unreported.

Thursday, February 25th, 2010

Despite another expected increase in total U.S. timeshare ABS delinquencies and monthly defaults, total delinquencies fell compared to the same period last year for the first year-over-year (YOY) improvement since August 2007, according to the latest timeshare ABS index from Fitch Ratings.

"Delinquency and default levels are still above historical norms and figure to weaken further throughout the rest of the winter," said Director Brad Sohl. "As such, Fitch expects continued declines in asset performance, though ratings should remain stable."

Fourth quarter-2009 (4Q'09) total delinquencies were up to 4.89% from 4.64% at the end of 3Q'09, following seasonal patterns typically seen in timeshare ABS. However, delinquencies decreased by approximately 5% from 5.13% in 4Q'08.

Thursday, February 25th, 2010

Morgan Stanley’s John Klopp taught commercial property financing a decade before Wall Street tied its fortunes to mortgage securities.

Klopp, who took over as Morgan Stanley’s head of investing in Americas real estate and global property debt Feb. 1, introduced Columbia University students to hedging risk and using short-term debt to finance commercial property deals as early as 1991.

It would be another 13 years before packaging commercial property loans into bonds became a $100 billion-a-year business that produced profits for Wall Street and lowered borrowing costs for real estate investors. In 2007, the easy credit that fueled a doubling of commercial property prices over five years slammed to a halt as part of a worldwide recession.

Thursday, February 25th, 2010

The meltdown sent interest rates soaring and availability shrinking, but rates are declining and lenders are more willing to make loans that top the limits for Freddie Mac, Fannie Mae and the FHA.

Rates on jumbo mortgages — loans of more than $729,750 in counties with the highest-cost housing — shot up during the financial crisis as lenders and loan investors shunned anything tainted with even a whiff of higher risk. Rates on big mortgages were especially high relative to those on smaller loans.

But in a boon for borrowers in California's expensive housing markets, the jumbo-loan market is starting to return to normal.

Thursday, February 25th, 2010

Imagine leather furniture, wide-screen plasma televisions, pools, beach volleyball courts, day spas, tanning booths, theaters and concierges.

Were you thinking resort hotel? Nope. This is today's college crash pad.

There's an investment opportunity here. The recession is grinding on painfully for owners of apartments office properties, hotels and shopping malls. But owners of student housing face far less distress. What's more, two of the biggest players in student housing are publicly traded real estate investment trusts.

Thursday, February 25th, 2010

The economy is showing signs of life around the world and in Great Britain, but risks to the outlook are still weighted to the downside, Bank of England Governor Mervyn King told a parliamentary committee Tuesday.

"There have been some signs of a recovery in demand around the world, and also at home," King told the House of Commons Treasury Committee in prepared remarks. "But this nascent recovery is fragile."

Thursday, February 25th, 2010

Mortgage rates, which many feared would rise sharply when the Federal Reserve stops propping up the market at the end of March, may actually not budge much at all, analysts say.

But the longer-term impact of the Fed's pullback from the mortage market is less certain, they add.

Thursday, February 25th, 2010

Conventional mortgage rates went up to start the year, according to the Federal Housing Finance Agency’s (FHFA) monthly rate report.

The average interest rate on conventional 30-year, fixed-rate mortgage (FRM) with a principal of $417,000 or less was 5.1% in January, an increase from 5.05% in December, the FHFA said. The average interest rate on 15-year FRM of $417,000 or less stayed at 4.54% in January.

The rates are derived from the FHFA’s Monthly Interest Rate Survey (MIRS) of purchase mortgages, reflecting loans closed from Jan. 25 to Jan. 31. Since typically, the interest rate is determined 30 to 45 days before the loan is closed, the rates depict market conditions prevailing in mid- to late-December, FHFA said.

The data is based on a monthly survey of major lenders that report the terms and conditions on all conventional, single-family, fully amortized, purchase-money loans closed the last five working days of the month. The survey excludes Federal Housing Administration (FHA)- and Veterans Administration (VA)-backed loans, refinance mortgages and balloon loans. The data is based on 3,981 loans from 39 lenders representing savings associations, mortgage companies, commercial banks, and mutual savings banks and weighted to reflect the shares of mortgage lending by lender size and lender type.

The average contract rate for all loan types — fixed- and adjustable-rate mortgages (ARMs) — was 4.99% in January, up 7bps from 4.92% in December. The effective interest rate, which reflects the amortization of initial fees and charges, was 5.07% in January, up 6bps from 5.01% in December.

The average origination fees and charges were 0.54% of the loan balance in January, down from 0.62% in December. FHFA said 51% of purchase mortgages originated in January were no-point mortgages, up from 45% in December. The average loan-to-price was 72.7%, down 1.2% from 73.9%.

In a separate report, FHFA said that in January the national average contract mortgage rate for the purchase of previously occupied homes was 5.01%, up from 4.02% in December. This rate is commonly used to adjust ARM rates and previously was the only index rate that federally chartered savings and loan associations could use as an adjustable-rate mortgage index in the early 1980s.

Write to Austin Kilgore.



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Servicing/Default
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