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Archive for March, 2010

Wednesday, March 31st, 2010

The continued economic pressure on the commercial real estate market — beleaguered under high unemployment and low occupancy — is dragging down commercial mortgage performance. But as rental rates continue to decline, real estate companies and tenants see potential to buy commercial property at distressed prices.

The performance of commercial mortgages continued to decline among most investor groups in Q4 2009, according to quarterly data from the Mortgage Bankers Association (MBA).

The 30+ day delinquency rate on loans held in commercial mortgage-backed securities (CMBS) rose 1.63 percentage points to 5.69%. The 60+ day delinquency rate of multifamily loans held or insured by Fannie Mae (FNM: 0.00 N/A) rose 1 basis point to 0.63%. The 90+ day delinquency rate on multifamily loans held or insured by Freddie Mac (FRE: 0.00 N/A) rose 4 bps to 0.15%:

"Delinquency rates are likely to remain under pressure until job and other economic growth returns to levels that will have a material impact on demand for commercial real estate space," MBA said in its report (download here).

Originations, like property sales, grew slowly over the year. MBA found commercial and multifamily mortgage originations were 50% higher in Q4 2009 than in Q1 2009 as origination grew. Commercial mortgage debt outstanding fell 1.7% from the previous quarter and is down 2.8% from the same time last year, MBA said.

Vacancy rates rose among major property groups, to 19.7% of all office properties in Q409, 19.2% among retail properties and 8.6% of multifamily properties. In the quarter, asking rents dropped 8% for office and retail properties and 6% for multifamily property.

Although commercial real estate values and rents are expected to decline further in the near term, the market environment looks ripe for purchase opportunities, according to a Deloitte Financial Advisory Services survey of 327 executives from both real estate companies and tenant renting commercial real estate.

“The commercial real estate market continues to be adversely affected by one of the deepest recessions in decades. Increased unemployment has resulted in less demand for office space, reduced rents and an overall decline in commercial property values,” said E.J. Huntley, a principal at Deloitte Financial Advisory Services. “Right now, commercial real estate executives are weighing their options, determining if the time is right to invest while prices remain depressed and before interest rates begin to rise.”

Roughly three-quarters (75%) of respondents to the Deloitte survey expect commercial property values and asking rents to shrink this year. Two-thirds of respondents expect full recovery in the market in two to three years, with one-third expecting that recovery in four years or more.

In the mean time, buying opportunities exist. Nearly half of respondents said lower prices make buying more financially advantageous than renting, Deloitte said. Half of executives at real estate companies and nearly 40% of tenants renting commercial real estate indicated their companies are already considering potential acquisitions.

Maturing commercial mortgage debt remains a significant hurdle to recovery in coming years. Deloitte said 70% of executives responding companies have debt maturing over the next three years on property in real estate portfolios. Two-thirds of these plan to refinance the debt, which might be made difficult under tighter credit conditions. Of those respondents with debt maturing over the next three years, 14% said they planned to raise equity as part of refinancing.

Write to Diana Golobay.

Disclosure: the author holds no relevant investment position.

Wednesday, March 31st, 2010

A recent consent agreement between the Department of Justice (DOJ) and American International Group (AIG: 25.25 +0.44%) confirms that the Obama Administration believes wholesale lenders should be held responsible for broker fee disparities across groups of borrowers, according to an analysis of the settlement by global law firm K&L Gates.

The March 4 consent order requires AIG subsidiaries AIG Federal Savings Bank and Wilmington Finance to pay up to $6.1m in damages to African-American consumers who the DOJ claims paid higher broker fees than similarly situated non-Hispanic white borrowers. AIG also agreed to invest at least $1m in consumer financial education. It’s the first case of mortgage loan price discrimination the DOJ’s brought against a wholesale lender in more than a decade, K&L Gates partner Melanie Brody and associate Rebecca Lobenherz wrote.

While AIG no longer operates in the wholesale lending space, the settlement is significant because the case is the first in more than a decade and could be an indication that a new wave of DOJ wholesale cases could be on the horizon. Other similar cases, like a December 2008 settlement between the Federal Trade Commission (FTC) and Gateway Funding, as well as a number of confidential federal banking agency wholesale pricing referrals.

“Regardless of the lack of clear legal precedent and the practical challenges associated with managing broker compensation differences, wholesale lenders are officially on notice that the Obama administration will seek to hold them responsible for broker fee differences across borrower groups,” the lawyers said.

Brody and Lobenherz said the position that wholesale lenders should be held responsible for broker fee disparities is controversial because no statute, regulation or court has ever expressly articulated the legal standard that applies to a lender’s fair lending responsibility for mortgage broker pricing. “Given the lack of a clear legal imperative, many wholesale lenders may be caught off guard regarding the administration’s view that they are responsible for broker fee differences,” they wrote.

Second, under the AIG settlement, a wholesale lender must pay restitution to borrowers for fees that were charged and retained by independent third parties. But some argue the DOJ should pursue the brokers to make such restitution, since it is the brokers who received the compensation at issue. In addition, the lawyers wrote, even lenders that have sought to monitor wholesale price differences across borrower groups have found it difficult or impossible to prevent disparities from occurring.

“As a result, some feel that the administration is turning a blind eye to the realities of the marketplace by imposing an impossible compliance standard,” they wrote. “[E]ven though an intervening Supreme Court decision raises a serious question regarding lender liability for broker conduct, the AIG case pushes the ball much further than any previous DOJ action — including the 1996 action against Long Beach Mortgage Company — without addressing the basis for the lender’s liability.”

The AIG case began as a 2005 Office of Thrift Supervision (OTS) compliance exam. A December 2007 review of 2005 lending data led the OTS to refer the matter to the DOJ over concerns that AIG had engaged in a pattern or practice of discrimination by “charging black borrowers higher broker fees than similarly situated white borrowers.”

The DOJ investigation focused on wholesale mortgages AIG funded between July 2003 and May 2006 and led to allegations that AIG violated the Fair Housing Act (FHA) and Equal Credit Opportunity Act (ECOA) by allowing third-party mortgage brokers to charge African-American borrowers direct broker fees that were on average 20 bps higher than similarly situated non-Hispanic white borrowers. The DOJ compliant also alleges that in 19 metropolitan areas, black borrowers paid total broker fees ranging from 25 to 75 basis points higher, on average, than white borrowers were charged.

Write to Austin Kilgore.

The author held no relevant investments.

Wednesday, March 31st, 2010

HOPE NOW reported twice as many homeowners received a modification from the private sector than from servicers participating under the government-led Home Affordable Modification Program (HAMP).

In February, 95,586 homeowners received a modification from the HOPE NOW alliance of mortgage servicers, investors, insurers and non-profit counselors. HAMP modifications went to 52,905 borrowers in the same month for a total of 148,000 modifications.

The US Treasury Department launched HAMP in March 2009 to provide incentives to servicers for the modification of loans on the verge of foreclosure. After a year of the program, servicers provided more than 170,000 permanent modifications.

Roughly 78% of the HOPE NOW modifications completed in February received a reduction of principal and interest.

“Our data shows that mortgage servicers are continuing a strong effort on proprietary and HAMP modifications in the first two months of 2010,” said Faith Schwartz, executive director of HOPE NOW, an alliance of agents, servicers and investors in the mortgage industry.

In order to boost HAMP performance, the Treasury released guidelines that encourage principal write-downs.

Write to Jon Prior.

Wednesday, March 31st, 2010

The recent conversations I've been having around the proposed covered bond act (read HousingWire magazine for the inside scoop) are pointing to two major concerns: the legal framework and the assets involved.

The legislation, of course, is meant to clear some of the hurdles to the first concern.

Yet, after reading the proposed bill, I was taken by the sheer asset variety available: student loans, credit cards, autos and more. First structured in Europe in the late 1700s, covered bonds are typically collateralized by mortgages or loans linked to municipals, as the strength of the issuer is considered stronger than in corporates. But with the new bill, the European method is taking on a decidedly American form, one that is filled with options.

So here's the conflict: is the offering of so many types of assets meant to provide an alternative to securitization, which in the past was used to finance the origination of loans in these areas? This makes some sense as securitization is no longer as cheap to structure and the assets cannot be moved readily off-balance sheet.

Covered bonds, with its dual recourse and on-balance sheet structures, are also pricey to maintain. But traditionally, covered bonds spoke more to the sovereign wealth investor, not the private ABS investor, with ratings pegged to the issuer.

But with the timing and market in consideration (after all, we are still waiting for the new private label RMBS), is the covered bond act telling us that mortgages are no longer the best-structured finance investment out there? The mere consideration of alternatives suggests this is true.

But think about it. With Americans walking away (or thinking about it) from their mortgages and showing a preference to paying their auto notes and credit cards, is the oldest structured finance vehicle in Europe, looking for launch in America, providing us the ultimate sign of the times?

According to a report from lawfirm Patton Boggs, investors are looking for some sort of incentive, and could use some convincing.

“Investors provide the capital that make securitization markets work yet the lessons learned over the last three years demand greater transparency and empowerment of investors for them to be comfortable buying mortgage products in the future,” said Micah Green, a partner at the lawfirm.

So if it's a question of investor confidence, we need to ask if investors will no longer accept investing in mortgages, if the issuer itself doesn't backstop the losses.

Because, they may not, if given the option not to.

Wednesday, March 31st, 2010

Mortgage investors are urging detailed reform of the asset-backed securities (ABS) market that would ensure private sector demand for mortgages in a post-Fed market.

The Federal Reserve today completes $1.25trn of agency mortgage-backed securities (MBS), stirring industry fears mortgage bond spreads to Treasuries could blow out again if private investor demand fails to replace the Fed's significant demand.

The Association of Mortgage Investors, a group representing institutional investors and asset managers, sent a letter (download here) to Congress and regulators this week detailing "guideline principals" for reforming the ABS market.

The letter recommended issuers be required to provide loan-level information that investors, rating agencies and regulators can use to evaluate collateral and its expected economic performance, both at pool underwriting and continuously over the life of a securitization.

The letter also suggested a required "cooling off" period when ABS are offered so investors have time to review and analyze loan-level information before making investment decisions.

The association recommended that deal documents for all ABS and structured finance securities be made publicly available to market participants and regulators. The letter also urged Congress and regulators to directly address conflicts of interest arising when servicers have economic interests adverse to those of investors.

"Investors provide the capital that make securitization markets work yet the lessons learned over the last three years demand greater transparency and empowerment of investors for them to be comfortable buying mortgage products in the future," said Micah Green, association spokesperson and partner at regulatory law firm Patton Boggs, in a press statement.

Green added: "It is important for the government to consider the policy recommendations of investors, whose participation and capital are needed for there to be a viable mortgage-backed securities market, particularly if the role of Government in the mortgage market could change in the future."

Write to Diana Golobay.

Wednesday, March 31st, 2010

The Federal Reserve Bank of New York settled $857m in commercial mortgage-backed securities (CMBS) in its last round of loan requests under the Term Asset-Backed Securities Loan Facility (TALF).

The Fed created TALF to help the market provide credit to households and small businesses by supporting the issuance of asset-backed securities (ABS) collateralized by many different loans including residential and commercial mortgages.

The Fed settled roughly $12bn in legacy loan requests since the TALF launched in June 2009. It settled the second fewest amount in March. It reached its peak in August, when the Fed settled $2.1bn in legacy loan requests.

The Fed denied the most requests in March. During the last month of the program, more than $1.2bn requests arrived, totaling $402m in denials and the largest amount of any month.

Ben Bernanke, chairman of the Federal Reserve, noted in a speech to the House of Representatives Committee on Financial Services that TALF extends three- and five-year loans that remain outstanding after the program closed. These loans get an extra three months. The later closing, he said, echoes concerns that the sector remains “highly stressed.”

The commercial real estate industry adopted this “pretend and extend” strategy for troubled loans to give enough time hungry investors to bring capital back into the market, according Robert O’Brien, US Real Estate Leader at consultancy firm Deloitte.

In a sign that at least some private capital is making its way back to small businesses, CIT Group (CIT: 38.02 +0.05%) closed a new $1bn committed US Vendor Finance conduit facility with Barclays Bank (BCS: 14.09 +1.15%) as the administrative agent. Three other banks also committed to the facility.

It will supplement the recently closed $667m in TALF eligible securitization that financed assets originated under Vendor Finance. The revolving period of the facility expires in March 2011 and has a final maturity in 2018.

Write to Jon Prior.

The author holds no relevant investments.

Wednesday, March 31st, 2010

Investors seem remarkably relaxed about the end on Wednesday of the Federal Reserve’s $1.25trn program to buy mortgage-backed bonds guaranteed by Fannie Mae and Freddie Mac.

Just a few months ago, many worried that, without the central bank’s continued intervention, home loans could become expensive enough to scare off prospective buyers and send the market into a renewed slump. Now they are regarding the Fed’s exit as little more than a minor blip. But that could be a sign that complacency is seeping back into the financial system.

Granted, there are reasons to explain investors’ sanguine view, and timing has much to do with it. For starters, a lot of traditional buyers of these agency mortgage bonds have either stayed on the sidelines or bought far fewer bonds than their portfolio allotments allow. They, along with index funds, now account for 18% of the market, down from 25% before the Fed stepped in, according to Credit Suisse.

Wednesday, March 31st, 2010

Treasury Secretary Timothy Geithner testified Tuesday on a plan to reform Fannie Mae and Freddie Mac, the government-sponsored enterprises now in limbo. But we don’t have to wait years to reform the mortgage system; a better approach could be introduced right away.

The business model of Fannie Mae and Freddie Mac is fundamentally unsound. These public-private partnerships were supposed to serve the public interest and the interest of shareholders. But this was never properly defined and reconciled.

Management’s interests were more closely allied with those of shareholders. They had an incentive to lobby Congress — both to expand homeownership and to protect and use their government-sponsored duopoly status.

The GSEs extended their activities from insuring and securitizing mortgages to building highly leveraged portfolios of securities by taking advantage of their implicit government backstop. They profited from the growth without bearing the risk of collapse: Heads they win, tails you lose.

Wednesday, March 31st, 2010

The Supreme Court handed a victory to the $11trn mutual fund industry by endorsing a 1982 legal standard to decide the fairness of fund fees, a ruling that gives companies considerable freedom to set investment adviser charges.

The justices unanimously adopted the standard in a 1982 US appeals court ruling that fees are excessive only when they are so high they could not be the result of arm's-length bargaining and bear no reasonable relationship to the services provided.

Industry executives and attorneys described the high court's ruling as a big win because it limits the potential that Congress or lower courts could force fund firms to reduce the roughly $90bn they collect in fees every year.

Wednesday, March 31st, 2010

As of March 31 the Federal Reserve is no longer buying mortgage-backed securities (MBS), terminating a large component of its effort to stabilize and stimulate the economy. The Fed poured $1.25trn into purchasing risky bundles of housing loans, providing capital for troubled lenders and investors in the mortgage-backed market.

The Fed's purchasing program provided much-needed liquidity for government-run mortgage financing companies Freddie Mac and Fannie Mae to buy bank loans issued to home buyers. The program also allowed mortgage rates to remain abnormally low, which let borrowers make more manageable payments and new home buyers to purchase properties. Indeed rates have been low: 30-year fixed mortgage rates at 5% interest and adjustable mortgage rates with interest in the low 4s.



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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