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Archive for March, 2010

Monday, March 29th, 2010

Among the banks that rule Wall Street, Citigroup got a bailout that was bigger than the rest. Now the company is about to pay a king's ransom for its federal rescue.

The Obama administration is making final preparations to sell its stake in the New York bank, according to industry and federal sources. At today's prices, the sale would net more than $8 billion, by far the largest profit returned from any firm that accepted bailout funds, and the transaction would be the second-largest stock sale in history.

On paper, the government's 27 percent stake has grown in value to $33 billion. The size of the deal in the works has Wall Street buzzing. Only the stock offering by Japan's Nippon Telegraph and Telephone, which raised $36.8 billion in 1987, was larger, according to Thomson Reuters.

Leading financial firms, including J.P. Morgan Chase, Morgan Stanley and Goldman Sachs, are vying to be chosen as the deal's underwriters to gain the prestige of managing a historic stock sale as well as the fees from investors who buy the shares. To improve their chances, some banks, such as Goldman Sachs, are offering their services to the Treasury Department at almost no cost, industry officials familiar with the matter said.

The windfall expected from the stock sale would amount to a validation of the rescue plan adopted by government officials during the height of the financial panic, when the banking system neared the brink of collapse. A year ago, Citigroup's stock hovered around a dollar a share, and the bank's future seemed in doubt. On Friday, the stock closed at $4.31.

Monday, March 29th, 2010

Central Valley real estate agent Donny Piwowarski last year sold his four-bedroom, 3,500-square-foot house on a half-acre in Tracy for $387,000 — about half of what he paid for it in 2005. Now with tax-filing season here, his situation is getting even grimmer.

Under California tax law, Piwowarski owes tens of thousands of dollars in state income tax on the nearly $400,000 in mortgage debt that was "canceled" when he sold his house for less than what he owed. The state considers canceled debt as taxable income in cases like Piwowarski's and for thousands of other Californians who got rid of their homes last year in so-called "short sales."

Monday, March 29th, 2010

[Update 1: adds Ohio strategy]

The US Treasury Department will expand the Hardest Hit Fund for state Housing Finance Agencies (HFAs) by allocating $600m to five additional states.

The Treasury launched the initial $1.5bn through the fund to prevent foreclosures and stabilize local housing markets where prices have dropped at least 20% from their peak. California, Florida, Arizona, Michigan and Nevada are each working on plans to fund principal-forgiveness, unemployment and second-lien reduction programs.

The second issuance of $600m will go to states with high concentrations of people living in economically distressed counties where unemployment reached at least 12% in 2009. The five states qualifying for the new fund are North Carolina, Ohio, Oregon, Rhode Island and South Carolina.

According to the Treasury, less than 15% of the US population lives in counties with such high unemployment levels.

Ohio will receive $172m from the fund. North Carolina will receive $159m. South Carolina will get $138m. Oregon was granted $88m, and Rhode Island will receive $43m.

The new program is set to provide assistance for the unemployed distressed borrower, helping them prevent foreclosure. It will also help fund modifications for mortgage loans held by the HFAs or other financial institutions, and programs that include principal reductions for first and second liens, short sales and deeds-in-lieu of foreclosure.

And having missed out on the first round of funding, states granted assistance this time around are already getting started.

"We are looking forward to working with our partners to develop a plan for the State of Ohio that ensures every dollar of this funding benefits troubled homeowners," said the executive director of the Ohio Housing Finance Agency, Doug Garver.  "These funds have been allocated at a critical time in the state's history, and it is fundamental that we keep unemployed and underemployed Ohioans in their homes."

In addition to reviewing the guidelines surrounding the distribution of new federal funding, OHFA will administer the funds to help Ohio's homeowners.

Write to Jon Prior.

Additional reporting by Jacob Gaffney

Monday, March 29th, 2010

By now, the Obama administration was supposed to have a plan to reform Fannie Mae and Freddie Mac, the "government-sponsored" mortgage finance enterprises (GSEs) that have been under federal control — and absorbing $126 billion in federal cash — for the past 19 months.

But last week Treasury Secretary Timothy F. Geithner told the House Financial Services Committee that all he can promise is a "public comment" period starting April 15, in which the various housing interest groups — and there are a lot of them — can submit their ideas. Thereafter, at an unspecified "time of greater market stability," legislation can be drafted, introduced and passed.

In short, after a year of discussion, Mr. Geithner promises more discussion.

Monday, March 29th, 2010

Who are the people setting the agenda in the U.S. real estate market? As Bloomberg BusinessWeek found out, the answer is complicated and can be approached only from a range of perspectives. We spoke with industry experts about an array of functions—economists, government officials, heads of industry organizations, bankers, insurers, brokers, homebuilders, property managers, investors, and property owners—and selected 50 people we believe are leading the economic recovery or carry particular clout in shaping the landscape for homeownership.

This report focuses on the residential sector, but we could not avoid including some of the country's largest investors in commercial and retail properties who play an important role in overall real estate. As scale and influence go hand and hand, many of the people listed run some of the country’s largest companies; others manage millions of acres of land. Yet power does not come only from size; it also comes from thinking—noted economists and academics, for example, provide critical intelligence and advice to policymakers. Of course, the government has expanded its role in homeownership and officials have tremendous authority. Some individuals on the list have been on the job for little more than a few months, while others have done it for decades. Still, all currently hold positions in which their decisions and actions will affect homeowners and real estate professionals.

Monday, March 29th, 2010

The Phoenix Business Journal surveyed a number of commercial real estate professionals about the lessons learned from the boom and bust of real estate:

As you look back on the boom-and-bust cycles affecting the commercial real estate market in the past decade, what lessons have you learned and how will that affect decisions and plans for the future?

Craig Henig

Senior managing director and Arizona market leader, CB Richard Ellis.

This downturn has had a much greater reach than those we’ve experienced before. This time, not only was commercial real estate impacted, but residential real estate, automakers, financial institutions, insurance companies and a host of other industry sectors found they were no longer bulletproof.

What this has taught us is that we need to be more strategic in our business plans, how we grow our industry and operate our companies. We do not want to be caught unprepared or without a contingency plan again. In the next downturn, we hopefully will have implemented better safeguards that will give us a much softer landing.

James Pederson

Chairman, Pederson Group Inc.

My company experienced its first big growth spurt during the latter stages of the recession of the late 1980s and early ’90s. The lesson I learned is that all economic cycles provide opportunity, and I don’t expect our current downturn to be any different. The recent devaluation of many commercial properties around town is certainly painful, but it does present unparalleled opportunity for entrepreneurial and creative development firms. We are looking forward to those opportunities and hope to capitalize on them.

Monday, March 29th, 2010

Bankrupt subprime lender and servicer Fremont General will settle more than $89m in tax obligations to the Internal Revenue Service (IRS) without actually paying a majority of the back taxes.

Last week, the U.S. Bankruptcy Court for the Central District of California, Santa Ana Division approved a motion that allows Fremont General to claim a net operating loss (NOL) deduction for 2004 that’s attributable for its 2006 tax obligations, according to a regulatory filing with the Securities and Exchange Commission (SEC).

In addition, Fremont General will deduct additional 2004 taxes, thanks to a temporary extension to the period when companies can claim the credit. The extension from two years to five went into effect when President Obama signed the Worker, Homeownership, and Business Assistance Act of 2009, the same legislation that extended and expanded the homebuyer tax credit. The NOL carryback extension is a boon for large publicly traded homebuilders, who've recouped billions in taxes paid during profitable years.

While approved by the bankruptcy court judge, the agreement must also meet the approval of the Congressional Joint Committee on Taxation, but according to the SEC filing, both Fremont General and the IRS anticipate that it is more likely than not the committee will approve the agreement “within the next several months.”

All told, Fremont’s nearly $89.4m tax assessment is now reduced to about $2.8m, including interest. In addition, as a result of the IRS agreement, a California Franchise Tax Board tax claim of $13.3m was reduced to $550,000.

Fremont was one of the largest lenders and servicers of subprime mortgages during the housing boom, before selling its $4bn subprime business in March 2007. On June 18, 2008, Fremont filed for Chapter 11 bankruptcy protection and continues to operate its business as “debtor-in-possession,” with residential and commercial real estate lending operations in Arizona, California, Florida, Georgia, Illinois, Maryland, New York and Texas.

Write to Austin Kilgore.

Monday, March 29th, 2010

First American CoreLogic estimates that the typical US homeowner who is in negative equity will not experience positive equity until late 2015 to early 2016. In severely depressed markets, the typical borrower in negative equity may not experience positive equity until 2020 or later.

CoreLogic projects more than 11.3m — or 24% — of all residential properties with mortgages had negative equity at the end of the Q409. While the largest decreases in home prices appear to have already happened, it remains to be seen when borrowers will return to positive equity.

To predict how much long borrowers will remain in negative equity, CoreLogic projected future home values and unpaid principal balances for a selected set of Core Based Statistical Areas (CBSAs) to gauge how long it will take for the average underwater borrower to return to positive equity.

The chart above projects the amount of negative equity using CoreLogic short-term forecasts and a baseline view of long-term price trends nationally through 2020. It also takes into account the amortization assumptions described below for ten markets.

According to the projections, it will take the typical borrower until late 2015 or early 2016 for negative equity to disappear. But in severely depressed markets, like Detroit, negative equity won’t dissipate even by 2020, because of its depressed economy. Negative equity is widely considered a trigger to strategic default, and a Treasury Department program announced Friday attempts to address the problem by pushing lenders and servicers to offer borrowers principal reductions on their mortgages.

And although house price appreciation will, over time, offset negative equity, amortization — the paying down of loan balances — will in most cases be a more significant remedy to negative equity, a research note from CoreLogic economists states. Over the next 10 years, the average loan balance will decrease by an annual rate of 3.3%; meanwhile home price are expected to increase at a 3% annual rate over the next decade, they claim.

Of the ten markets CoreLogic studied, the Washington-Arlington-Alexandria CBSA is expected to reach positive equity by 2015; Atlanta-Sandy Springs-Marietta, Dallas-Plano-Irving and Riverside-San Bernardino-Ontario are projected for 2016; Boston-Quincy by 2017; and Cape Coral-Fort Myers, Pittsburgh, Las Vegas-Paradise and Lancaster, PA by 2020. It is estimated that Detroit will not reach positive equity until after 2020.

The projections are based on a 3% annual home price appreciation. An alternative scenario of 5% annual price appreciation would put the first markets recovering by 2013, but CoreLogic said 5% appreciation would be much higher than historical appreciation, especially given today's low inflation environment. Conversely, a 1.5% annual appreciation, which would be fairly low relative to history, would push back the point of positive equity to at least 2017.

Write to Austin Kilgore.

Monday, March 29th, 2010

In February 2010, the delinquency rate among commercial mortgage-backed securities (CMBS) pools reached 6%, up from 5.7% in January and, according to the analytics firm Realpoint, could be possibly heading toward 11-to-12% by the end of the year.

Realpoint tracked delinquency data on $797bn of CMBS pools for the report. The total delinquent unpaid balance for CMBS increased $1.8bn in February, up to $47.8bn. It’s an almost 300% increase from one-year ago when $11.9bn was reported for February 2009 and is now 21 times more than the trough of $2.2bn in March 2007.

The distressed 90-plus day, foreclosure and real estate owned (REO) aggregate pool grew for the 26th straight month to $36.3bn, up by $2.8bn from January and $29.3bn – or 420% – from February 2009.

But in the coming year, the numbers could get worse. Based upon updated trends, Realpoint projects the delinquency rate to reach between 8-and-9% through 2010. If the market is stressed even further, then it could potentially grow to 11-or-12%.

Realpoint pointed to two major problematic properties dragging down performance in various CMBS pools. The $4.1bn Extended Stay Hotel loan remained 90-plus days delinquency in February 2010 and should continue in the near-term until a modification or restructuring agreement is reached, according to Realpoint.

The $3bn Peter Cooper Village/Stuyvesant Town loan remained current in payments in February 2010. After the borrower did not receive a forbearance, the January payment was missed for Stuyvesant Town, triggering a default. All funds from reserves and escrows were applied to the debt and eventually became depleted. The property should be reported delinquent in April 2010, according to Realpoint.

Realpoint now expects the delinquent unpaid CMBS balance to continue on its upward trend and even reach between $60bn and $70bn by the middle of 2010.

Write to Jon Prior.

Monday, March 29th, 2010

Shelley Kaye joins Women in Default Services (WinDS) as executive director of the Dallas-based specialty mortgage trade association.

Kaye is the former president of mortgage default servicing trade association California-based REOMAC, where she led a 13-member board of directors and membership of 1,400 default servicing professionals. In addition, Kaye has worked as a real estate agent, senior asset manager, real-estate owned manager, consultant and vice president of loan servicing for some notable firms throughout Southern California.

“WinDS is focused on recognizing the contributions and advancing the careers of women professionals who are employed in some capacity related to resolving the current real estate lending and foreclosure crisis, and Shelley’s proven track record of leadership in our industry makes her the ideal person to take on the responsibilities of our executive director,” said WinDS founding member and president Marla Webb.

“WinDS is an organization that couldn’t be more necessary or come at a better time. Women have always been successful in real estate, and they are great at turning negative situations into positive opportunities,” Kaye said.

“WinDS brings all that together and a special benefit is the networking opportunities we provide to connect experienced women who are willing to mentor the large number of new women employees who have been hired as this housing crisis grew,” she added.

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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