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Archive for March, 2010

Tuesday, March 16th, 2010

Commercial real estate investors expect capitalization rates to stabilize and vacancy rates to level in 2010, according to the quarterly PricewaterhouseCoopers (PWC) Korpacz Real Estate Investor Survey. The news comes as large amounts of capital look ready to invest in the market, according to a director at the business advisory firm.

“The worst seems to be over, according to survey participants, as investors suggest that the bottom is near, if not here, particularly for better-positioned markets and assets,” said Susan Smith, director of real estate advisory practice at PWC and editor-in-chief of the survey.

PricewaterhouseCoopers provides an array of services as a business advisor. Its survey overviews 30 separate markets across the US. According to the report, investors now see more hope for a recovery in commercial real estate than at any point during the past two years.

The optimism comes despite signs of continued deterioration in the market. The amount of 30+ day delinquencies in commercial mortgage-backed securities (CMBS) rose in Q409 to 5.69%, according to the Mortgage Bankers Association.

Capitalization rates – or the ratio between the net income from the asset sale and its original price – have started to stabilize and even shrink in certain markets, according to the survey.

According to those surveyed by PWC, the new outlook on cap rates could help stabilize values. Over the next six months, participants forecast that the cap rates will hold steady in 19 of the 30 markets. In the previous quarter, participants in the survey held such optimism in two markets.

“Following the onset of the recession and the credit crisis, underlying fundamentals were deteriorating and overall cap rates were expanding simultaneously and quickly, causing values to plummet,” Smith said.

Surveyed investors do see vacancy rates continuing to increase through 2010, though not as steeply as before. To head off the increases, many investors indicated an increased need to offer some tenants free rent during lease negotiations. Just over 91% of those surveyed reported the use of free rent, up from 84% last year.

Participants also said that while sales activity will remain slow in 2010, banks appear more willing to lend despite still conservative underwriting and a need for more equity.

The 2010 outlook comes after returns on US commercial real estate investments dropped 17.1% in 2009, the worst returns on record, according to Investment Property Databank (IPD), which monitors trends in underlying market value and returns based on over 3,000 properties from over 45 funds with a value of $102.5 billion at the end of 2009.

Despite the poor numbers in 2009, Smith said there is still a “tremendous amount” of capital looking to enter the commercial real estate market.

For example, the private equity firm Valeo Fund is recruiting investors to go after $1trn of commercial mortgages set to mature between 2010 and 2013. The move comes as opportunities are beginning to hit the entire commercial market. Researchers at Cushman & Wakefield, a commercial real estate (CRE) services provider, anticipate a 30% climb in global CRE investments in 2010.

Write to Jon Prior.

Tuesday, March 16th, 2010

US employers won’t hire enough workers this year to lower the jobless rate much below the level of 9.7% reached in February, three Obama administration economic officials said today.

The proportion of Americans who can’t find work is likely to “remain elevated for an extended period,” Treasury Secretary Timothy Geithner, White House budget director Peter Orszag and Christina Romer, chairman of the Council of Economic Advisers, said in a joint statement. The officials said unemployment may even rise “slightly” over the next few months as discouraged workers start job-hunting again.

“We do not expect further declines in unemployment this year,” the officials said in testimony prepared for the House Appropriations Committee. They predicted the economy would add about 100,000 jobs a month on average — not enough to bring the jobless rate down substantially.

Tuesday, March 16th, 2010

Notices of default, the start of the foreclosure process, in California increased 19.7% in February, while the amount of foreclosed homes for sale remained near record levels, according to ForeclosureRadar. At the same time, the number of foreclosures slipped nearly 12%.

“The disconnect between delinquencies, and foreclosure sales continues to widen,” says Sean O’Toole, Founder and CEO of ForeclosureRadar.com. “While efforts to slow foreclosures are clearly working, it remains unclear that anything has yet addressed the core problem of excess household mortgage debt.”

ForeclosureRadar tracks foreclosure data in California and provides updates on auctions. Notices of default increased to 31,004 in February after rising on a daily average of 9.7% in January. Filings of notices of trustee sales, which set the date and time of the foreclosure auction, rose 3.6% in February to 28,195 filings.

Despite the increase on the front-end of the foreclosure process, the back end – actual foreclosures – decreased 11.9% in February.

California led all states with 205,606 active trial modifications under the Home Affordable Modification Program (HAMP), which would interrupt the foreclosure process before sale. The US Treasury Department launched HAMP in March 2009 to provide incentives to servicers for the modification of loans on the verge of foreclosure. To date, the 113 servicers started more than 1m trial modifications.

The Home Affordable Foreclosure Alternatives (HAFA) program — which launches April 5, 2010 — also could cinch the foreclosure process further.

Once the loans foreclose, banks are continuing to resell the real estate owned (REO) property in a timely manner, according to ForeclosureRadar. California REO inventories remained flat from January to February, rising only 1.15%. However, the amount of homes scheduled for sale – meaning they haven’t hit the market yet – remained 126% above levels in February 2009. According to the credit-rating agency Standard & Poor’s (S&P), it would take three years to move through the amount of foreclosed homes that haven’t reached the national market.

Write to Jon Prior.

Tuesday, March 16th, 2010

The number of Chicago-area homeowners who have received permanent mortgage loan modifications under the federal Home Affordable Modification Program increased by 50% in February, but the pace at which temporary modifications are being granted appears to be slowing.

The shift is by design. For the past few months, the Obama administration has pressured mortgage servicers to speed up the rate at which they are making temporary HAMP modifications permanent. It also has altered the guidelines and wants servicers to grant trial modifications based on full documentation, rather than a borrower's stated income, to make it more likely that borrowers can have their temporary loan terms made permanent.

Almost 8,100 delinquent Chicago-area borrowers have received permanent mortgage loan modifications, the Treasury Department reported Friday, based on February data from loan servicers. In January, 5,381 local residents were enrolled in permanent modifications.

An additional 43,215 Chicago-area borrowers were in trial loan modifications, a 1.2% increase from January. In the prior month, the volume of trial modifications increased almost 6%.

Tuesday, March 16th, 2010

A Haitian citizen was sentenced to 17 years in federal prison following his conviction last year in a mortgage-fraud case that resulted in more than $9m in losses to Phoenix-area banks.

Mario Bernadel was found guilty in September of 19 counts of mortgage and related fraud for a two-year scheme in which he bought 37 properties with fraudulent loan documents and received cash back at the closing. Bernadel used the money to purchase several homes and luxury vehicles, the Justice Department said Tuesday.

Bernadel, who is a legal U.S. resident, will be deported to his native Haiti after he completes his sentence.

Seven others were also charged and pleaded guilty for their involvement with Bernadel in the mortgage fraud and will be sentenced in the next few months, the Justice Department said.

Tuesday, March 16th, 2010

The cost of home ownership increased slightly in Manitoba and the rest of Canada in the last three months of 2009.

And the cost is expected to keep rising this spring as buyers scramble to close deals ahead of expected higher interest rates, new mortgage rules and new taxes in the key national markets of B.C. and Ontario, according to RBC economist Robert Hogue, author of the bank's quarterly Housing Trends and Affordability report.

Even though house prices were up just about everywhere in Canada in the fourth quarter, affordability declined only modestly.

"That is largely because of exceptionally low mortgage rates," Hogue said.

The Bank of Canada has pledged to keep its key overnight rate at 0.25%, where it has been since last spring, until the end of the second quarter. But economists anticipate it will begin rising as early as July, which will further erode housing affordability.

Tuesday, March 16th, 2010

Anxiety surrounds Tuesday's Federal Open Market Committee (FOMC) meeting as the central bank's year-long mortgage-backed securities (MBS) purchase program nears its scheduled March 31 close, opening the door for mortgage rate increases and surprising market fluctuations.

The Fed spent billions of dollars on MBS guaranteed by Fannie Mae, Freddie Mac and Ginnie Mae weekly for the past year, topping out its portfolio at $1.25trn.

As the program ends, investors and analysts are speculating that mortgage rates could rise – and rise fast.

"It's a trillion-and-a-half-dollar check that won't be there as the Fed withdraws from the market," said Pimco's Bill Gross in a recent interview. "How that affects the markets, I just don't know. I'm not eagerly anticipating the answer, but I think it holds some surprises in 2010 – not just in mortgage securities but stocks as well. We could miss the money, put it that way."

Tuesday, March 16th, 2010

The mortgage services arm of Australian investment services group Perpetual yesterday rejected claims that its operations do not comply with licensing rules.

It insisted legal work it performed on behalf of financial institutions was being done by qualified lawyers.

The company's mortgage services subsidiary, Perpetual Mortgage Services, which provides mortgage processing and settlement services to some of the country's leading lenders, has come under scrutiny from property lawyers and conveyancers following a bungled outsourcing deal with Australia and New Zealand Banking Group (ANZ).

Perpetual spokesman Michael Woods yesterday defended the business against the attack from the Australian Institute of Conveyancers (AIC) and the Law Institute of Victoria.

"Perpetual Mortgage Services Pty Ltd does not engage in legal practice," Mr Woods said in an e-mailed statement. "Perpetual provides mortgage processing services for customers. To the extent that these services involve legal work of any kind, it is carried out by…qualified Australian lawyers."

Tuesday, March 16th, 2010

Sometimes it seems that the world would work better if more people thought like engineers. Sure, there would be less music and art and fewer people (because it would be harder for couples to hook up). But the world would also come with a version number, so everyone would know that it was a work in progress. And there would be other benefits, too.

I embarked upon this line of reasoning because I had an interesting experience over a recent weekend. I was called upon by a local Robotics Institute to judge a contest where 28 teams of high school students from the eastern US and Canada came together with their robotic creations to compete for prizes and recognition. I came away very impressed and feeling a little bit better about a country that seems to be kicked around quite a bit when it comes to science and math education.

I know we need to do a better job of preparing our kids for a highly technical future, but I was thrilled to know that there are some kids out there who really get this stuff. And it wasn’t just that they knew about software for automation or the physical construction of a robotic device within certain design criteria or even about managing complex machine control via software and sensors. The really cool thing about these kids is that all through the design process, they actually expected things would go wrong.

After the initial design was put down in their engineering notebooks, the rest of the exercise was mostly about watching things go wrong and fixing them in a way that didn’t break something else. Some kids ran out of time before they worked all the bugs out. But even those 'engineers' could tell you what they would have tried next, if given the time. I was thrilled.

“This is how things should be approached,” I exclaimed to the other judges, both of whom were professional engineers who simply looked at me and blinked as if they were seeing someone gushing over the fact that the sky was blue. This is how engineers think, I reminded myself.

Wouldn’t it be great if our political leaders thought more like this?

Unfortunately, when we speak of political engineering, we usually mean gaming the system to create an outcome that benefits a special interest instead of one that makes the world a better place. As we watch the government duke it out over healthcare and financial services reform like players in a giant game of pub sumo wrestling, we get no indication that anyone is seriously considering the long term outcome of their work or that there might be a version 2.0 somewhere down the road.

No, when it comes to politics, the players are out to “fix” the problem quickly, preferably before the next election. A real engineer would not do well in this environment. In fact, according to the National Association of Professional Engineers, there is only one licensed professional engineer currently serving in Congress (Joe Barton, P.E.(R-TX), holds a B.S. degree in engineering from Texas A&M University and a master's degree in industrial administration). There are a handful more that have engineering degrees, but aren’t practicing engineers.

I bet if you put a bunch of mortgage technologists in charge of the regulations, you’d come up with something like…well, like MISMO. Granted, it took a long time to bash out these standards and they’re still under construction and they likely always will be, but they work and they’ve put the vast majority of industry players on the same page. Big win.

Of course, in this case, the industry knew exactly what the inputs would be and what outputs were expected and so they worked together to connect the dots. The kids building robots didn’t have that luxury. They had to make assumptions about how their robot would function in the real world, test to the point of failure and then come up with new plans. Even then, they were unsure of what they would be competing against until the day of the competition, so they had to create contingency plans there as well.

Our political leaders don’t have to guess what problems exist in their districts. They have plenty of people to tell them, including lobbyists, community organizations, such as ACORN, and other special interests. Sometimes, they get feedback from the people most likely to be affected by the laws they make, but too often that feedback comes after the law is already on the books. By then, there’s no easy way to fix it.

If engineers were in charge, they would put a big red “Redo” button on the side of every new law, making it easy to get to the next version in the case of unintended consequences. Wouldn’t it be great if we could hit a redo button on some recent legislation affecting our industry? What would you delete?

Tuesday, March 16th, 2010

Investment bank Milestone Merchant Partners is officially offering a mortgage servicing portfolio on behalf of the Federal Deposit Insurance Corp. (FDIC).

The offering of Fannie Mae (FNM: 0.00 N/A) and Freddie Mac (FRE: 0.00 N/A) servicing rights involves $23bn of underlying mortgage balance originated by failed AmTrust Bank. Milestone last week commenced the marketing of the sale.

FDIC previously tapped Milestone Merchant Partners to handle the sale of the $20bn mortgage servicing portfolio that once belonged to AmTrust. The FDIC in January said it hoped to sell the rights to an AmTrust mortgage-servicing portfolio of nearly 100,000 loans by Q2 of 2010.

A source familiar with the portfolio told HousingWire the servicing rights are considered high-quality, and will likely attract interest from bank and non-bank institutions.

"This is an unusual opportunity, because unlike other FDIC asset trades of generally more distressed assets — usually the reason the bank failed — these are pristine servicing assets associated with one of the more profitable, high-quality business units at the bank," said the source, who spoke on condition of anonymity because a sales transaction is not final. "Here's an opportunity to take a really high-quality, recent production portfolio to counter-balance some of the other more delinquent servicing that may be on the balance sheets right now."

The Office of Thrift Supervision (OTS) closed Cleveland, Ohio-based AmTrust Bank on Dec. 4. The FDIC, as receiver, entered into a purchase and assumption agreement with Westbury, New York-based New York Community Bank (NYCB), which took responsibility for servicing the loans for up to a year while the FDIC finds a buyer for the servicing rights.

The offering of the servicing rights comes amid industry reports that the FDIC is readying the sale of $3bn of loans seized from AmTrust. Barclays Capital is looking to sell $2bn of loans, while Stifel Nicolaus & Co. will accept bids for $1bn of home loans seized from the failed bank, according to a Bloomberg report.

A spokesperson for Barclays could not comment, and a spokesman for Stifel Nicolaus did not return a call seeking comment.

The FDIC last week closed on a sale of $1.8bn of structured notes backed by residential mortgage-backed securities (RMBS) from seven failed bank receiverships.

Write to Diana Golobay.



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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