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Archive for April, 2010

Friday, April 30th, 2010

The deadline to sign contracts and qualify for the first-time homebuyer tax credit will expire tonight at midnight, but the credit's effect on the market is still up for debate.

Buyers must sign a contract before midnight April 30 to get the $8,000 credit for first-time purchasers or a $6,500 credit for existing homeowners. Transactions must close June 30.

“We definitely noticed a surge in buyer interest and increased urgency this week due to the expiration. Also had some last minute cash buyers from out of state, particularly the colder states of Michigan and Indiana,” said Rick Foxx, an REO broker with Foxx and Associates, based in Clearwater, Florida.

Foxx said he doesn’t expect a huge fall in business after the deadline, but he did forecast a 10-20% spike in contracts this week. Buyer interest has been strong this spring, and anything under $150,000 is moving very fast, he said.

“$150,000 also coincides nicely with our local median income and how that relates to the FHA loan amounts and qualifying ratios. In other words, people are buying what they can really afford based on proven income and assets – so it is a very sustainable group of purchasers,” Foxx said.

Anthony Askowitz, an REO broker for RE/MAX Advance Realty II, also based in Florida, said his firm, too, was "very busy selling."

While those on the ground are optimistic, some research firms aren’t. John Burns Real Estate Consulting said sales boomed last fall when the tax credit was set to expire in November, but sales in spring have not picked up nearly as much.

“Our proprietary monthly survey and our weekly calls to our home building clients have confirmed that March and April were not good months. Not only do sales remain low, but also the traffic of interested shoppers is not improving,” according to the firm. “Despite the tremendous affordability that exists, we remain very cautious about the back half of 2010 because consumers just aren't showing much interest in home buying right now.”

According to Scott Sambucci, a data analyst at Altos Research, sales could go down in April, but the effect of the tax credit will be elusive.

“There’s going to be a negative impact on sales, but it won’t be as visible as people think. Transactions, especially if it’s a short sale will take months to complete, and by that time, late summer, early fall, things start slowing down anyway,” Sambucci said.

Sambucci expects the market will begin to evolve accordingly without the government stimulus going forward.

“Sellers may be expected by the buyers to make up that difference by taking $8,000 off the asking price or at least meet them half way,” Sambucci said.

But, according to the Commerce Department’s Census Bureau and the Department of Housing and Urban Development (HUD), sales in March increased 26.9% from February — fueled by the approaching deadline. That report followed an estimate from the National Association of Realtors (NAR), which showed a 6.8% increase over the same time period.

Write to Jon Prior.

Friday, April 30th, 2010

More and more defaults are considered "strategic" — where borrowers choose to walk away from underwater mortgage obligations regardless of their ability to pay –although to what extent is still up for debate as two studies, one from academia and one from an investment bank, find differing levels of homeowners walking away.

Strategic defaults account for more than one-third of all defaults, according to research released today by the University of Chicago Booth School of Business and the Kellogg School of Management. The data from Morgan Stanley (MS: 18.56 +2.26%) finds this to be at a lower level, with 12% choosing not to pay their mortgage.

The share of mortgage defaults perceived to be strategic — meaning voluntary in cases where previously current borrowers were underwater but could still afford to pay — grew to 31% through March 2010, from 22% a year earlier, professors Paola Sapienza and Luigi Zingales wrote in the research.

The research pointed to a growing perception that lenders are not going after borrowers who decide to walk away. In December, the average survey respondent indicated they believe lenders are 56% probable to go after a borrower, compared with 54% in March 2010.

“With more and more homeowners believing that lenders are failing to pursue those who default on their mortgages, there is a risk that a growing number of homeowners will walk away from their homes even if they can afford monthly payments,” Sapienza said.

The results also indicate the likelihood of strategic default grows 23% if a borrower learns of an underwater neighbor receiving partial loan forgiveness. Additionally, strategic default increases by 29% if borrowers can find alternate ways to finance a new home.

Although separate research released Thursday by Morgan Stanley does not put the share of strategic defaults quite that high, the data shows the trend is growing significantly to about 12% of all defaults in February 2010:

Additionally, Morgan Stanley found that the highest proportion of overall defaults sits in the lowest credit score bucket. But strategic defaults display a "reverse phenomenon" in both earlier loans made in 2004 and more recent loans made in 2007:

"While total default percentages drop as credit scores increase, strategic default percentages in each credit score bucket rise steadily as credit scores increase, dipping a bit only at the highest end of the credit spectrum," Morgan Stanley said.

Researchers note that prime jumbo collateral has the potential to be the most exposed to strategic defaults. The propensity to strategically default is higher in the 2006 and 2007 vintages — where strategic defaults could account for more than 40% of total defaults on the jumbo end of the credit spectrum, Morgan Stanley said.

"This is also the collateral type that benefits the least from loan modification efforts such as HAMP, and is the least likely to be eligible for FHA refinancing," researchers said.

Write to Diana Golobay.

Disclosure: the author holds no relevant investment positions.

Friday, April 30th, 2010

Citing the need to protect borrowers from mortgage payments that potentially balloon out of control, Fannie Mae (FNM: 0.00 N/A) is putting forward new standards for the purchase and securitization of adjustable-rate mortgage (ARM) products. The government sponsored entity is also tweaking its rules on interst0only products.

"These policy changes reflect our intention to continue providing liquidity to different market segments by ensuring that support for ARM products remains in appropriate circumstances," said Marianne Sullivan, who works on the single family credit policy and risk management at Fannie Mae.

For ARMs with initial periods of 5 years or less, Fannie Mae will require that borrowers be qualified at the greater of the note rate plus 2 percent or the fully indexed rate (index plus margin).

All loans not meeting the new guidelines must be purchased as whole loans on or before August 31, 2010, or delivered into MBS pools with issue dates on or before August 1, 2010.

Fannie is also going to change criteria on interest-only loan products, capped at 70% loan-to-value ratio with the borrower FICO at 720 or higher. Balloon mortgages will no longer be eligible under the new guidelines.

Write to Jacob Gaffney.

Disclosure: the author holds no relevant investments.

Friday, April 30th, 2010

The strategic advisory firm, the Aite Group recently sent a letter to clients warning of the serious ramifications of the Securities and Exchange Commission (SEC) versus Goldman Sachs saga, as it relates to proposed financial regulations.

The note is particularly apt as the Senate is now debating the financial regulatory reform package. Sen. Mitch McConnell (R-KY) said Americans want a number of things "fixed" in the bill, while Sen. Chris Dodd (D-CT) urged Republicans to unite for a debate of the bill, according to the Associated Press.

"If you want to vote against this bill, do so," Dodd said. "You can't get to that conclusion unless we have the product in front of us." Dodd.

According to the Aite letter, press reports that frame the suit in "black" and "white" hats are stifling objective views on the way the securitization and credit default swap markets operate.

The document, provided to HousingWire, warns that if what Goldman is accused of — that is, structuring a deal at the expense of collateralized debt obligation (CDO) investors — is not properly assessed, then "poorly crafted legislation distorting the fundamental roles of the market participants may potentially adversely affect the securitization and derivatives market," writes senior analyst John Jay in the Impact Note.

According to the research, buyers in synthetic CDOs are normally aware that their products will perform according to collateral performance. The executive director of the Goldman structured products group trading, Fabrice Tourre, denies the allegation that he knowingly made misleading statements about the CDO transaction, ABACUS 2007-AC1.

This falls in line with the Aite note that states that "any diminishment of assets will mean a smaller base from which the collateral manager can generate his compensation."

At the time deals such as ABACUS were being structured, leverage requirements were such that $5m in capital could support $1.5bn in CDO issuance, as "leverage magnifies returns when the bet is correct, but magnifies losses when the bet is wrong."

Skin in the game requirements will likely prevent this sort of leveraging going forward. Further, the argument is made that if refinancing has not dried up, ABACUS may have been able to refinance collateral out of the deal leaving no credit losses.

"The key is drafting reform that doesn't wrongly attack phantom targets or wrongly punish market participants," the text states. "The financial system should not be structured to insulate against all failure all the time; it is the risk of failure that creates markets."

Write to Jacob Gaffney.

Disclosure: The author holds no relevant investments. John Jay holds ownership of Goldman Sachs preferred shares.

Friday, April 30th, 2010

Beginning May 3, Fannie Mae (FNM: 0.00 N/A) will extend the waiting time investors in Nevada must wait before offering a bid on an REO property from 15 days to 30, according to a Las Vegas broker.

In November 2008, Fannie launched the First Look initiative to give owner-occupants and buyers using public funds a head start on obtaining the properties. Terry Edwards, the executive vice president for credit portfolio management said at the time, the program gives those who are committed to the community an early opportunity to purchase a Fannie Mae-owned home.

The Las Vegas broker said the goal of the business is to turn these properties around as quickly as possible and starting May 3, it would be more difficult. The Las Vegas Review-Journal also reported the change.

“We will have our properties vacant longer, because we’ll just have them in inventory longer. That exposes us to that many more problems, because the longer I have a property sitting there without someone living in it, the more chances of something happening to it,” the broker said.

Fannie Mae declined to comment.

Write to Jon Prior.

Disclosure: the author holds no relevant investments.

Friday, April 30th, 2010

There’s an old joke about a man falling from a 50-story building. As he passes the 25th floor, someone yells: “How are you doing?” And the man replies: “So far, so good.”

Which makes me think, he might have been an appraiser.

Our industry, like the real estate market that we value, is in the midst of a fundamental transformation that many members of the industry have yet to come to grips with. While there are some encouraging signs that the national decline in home prices may be slowing, there are a number of ominous signs that suggest that the recovery may be “bumpy” and that going forward the real estate market will behave differently than what we had been accustomed to. All of which will continue to make valuations more challenging.

Not too many years ago, when home prices were only going up, and lenders were primarily focused on volume (remember those more tranquil days), there was a school of thought that questioned the value of appraisals. Sure, collateral valuation was important, the argument went, but less so than credit scores. Of course, lenders, investors and regulators have since re-learned the painful lesson of the importance of accurate collateral valuations.

Ironically, as appraisals and other forms of valuation are now more relevant than ever, our industry finds itself not only in turmoil, but also in the spotlight. Homeowners and their agents (mortgage brokers and realtors) are vociferously complaining about low values for refis and blown sales deals. There are new rules governing the selection of appraisers. Servicers and investors are looking for more efficient ways to value a sea of distressed assets. Lenders and GSEs are requiring appraisers to do new kinds of analysis (though not always for more money.) And tensions are at an all time high between independent appraisers and appraisal management companies (AMCs).

[editor's note: HousingWire looked into some of the tensions -- and, possibly, fraud -- under the Home Valuation Code of Conduct (HVCC).]

The New Normal for Real Estate

Undoubtedly, the residential real estate market will eventually hit bottom and begin to show positive appreciation again. Many economists predict this will occur in the middle or later part of this year, assuming of course that the recession ends and employment picks up. This second point is still a pretty big “if” and many economists are worried about a “W” shaped economic recovery, which of course would change their predictions on housing.

We are still in the midst of a massive foreclosure event in the US. Depending on which statistics one follows, there have already been 3-4m foreclosures over the past 18 months and there could be an additional 5-8m more. The impending foreclosures are either directly in the pipeline or in a shadow pipeline, meaning late payments or other early indicators.  As of last November, First American CoreLogic estimated that shadow inventory – unlisted REO and potential defaults – stood at 1.7m units up from 1.1m at the beginning of the housing crisis.

Other unknowns that could affect housing price recovery:

  • Government intervention – If loan modification programs gain traction, they could reduce foreclosures. This would support housing prices in many areas and reduce the overhang of shadow inventory. As we saw last year, programs like the first-time homebuyer program can ratchet sales up or down. Currently, thanks to the Federal Reserve and the Treasury, interest rates are at levels last seen when Elvis, who would have turned 75 this year, was having his “American Idol” moment on Ed Sullivan.
  • The return of the secondary market – currently the GSEs and FHA are purchasing nearly 90% of all mortgages in the US. Will the private secondary market return anytime soon? It would certainly help high-price markets on both coasts.
  • Commercial real estate – One major challenge on the foreseeable horizon is a significant devaluation of the commercial real estate market. In many areas, we are seeing the edges of this already. As with the residential market, it experienced significant increases over the past years and there continue to be some predicting a significant decline. This would continue to fuel the “new normal” economy.

While it would be possible to go on in this vein, it’s safe to say that our current condition, the new normal, will be around for quite a while (best estimate 1-3 years). I believe the current Administration will do everything within its ability to help bring stability to housing prices, employment and availability of capital. This will help and hopefully, eventually, bring us into a different landscape.

Valuing Property in Unsettled Markets and Times

Enough with the big picture, let’s look at the challenges faced by appraisers, underwriters and others whose job it is to answer what sounds like a simple, straightforward question: What’s this home worth today?

In some states and MSAs, looking at sales comparables, the tools appraisers must rely on, means looking almost entirely at distressed sales. Does this in turn result in lower valuations than sellers, homebuilders, mortgage brokers and real estate agents would like? Certainly. Many of these affected parties have shared their unhappiness with the media and with bloggers. They point fingers at cautious lenders and at AMCs. They seem to forget that housing prices nationally have declined by 20-30% from their peak in 2006, and in some hard-hit states, like California, Nevada, Florida and parts of the industrial Midwest, prices are frequently down even more.

Some experts believe that when the recovery comes, the biggest gains will be in some of the most depressed states, like California. But in most parts of the country, the gains, when they come, will be closer to historical norms, not like the double-digit jumps of the recent bubble.

Interestingly, in spite of Fannie Mae (FNM: 0.00 N/A), Freddie Mac (FRE: 0.00 N/A) and other large lenders saying that the new appraisal ordering changes are an improvement (e.g. Freddie Mac recently told appraisers and lenders that the quality of the appraisals they received in the second half of 2009 showed a 15% improvement),the state and federal legislators seemingly are ignoring this positive feedback and considering new regulations on AMCs.

Broaden, Don’t Narrow, Options

Generally, there are only four valuation and pricing approaches found in the US market:  1) Appraisals 2) Broker Price Opinions (BPOs), 3) Automated Valuations Models (AVMs) and 4) Hybrid products and statistical analysis. Let’s look at each one separately.

Appraisals are the most widely known and accepted approach to value individual properties. On the origination side (sales and refinances), appraisals have been the “gold standard” for many years. (Just for transparency, I have been an appraiser for 28 years and am very well aware of the training and experience necessary.)  Appraisers have been regulated and licensed since 1990 and there are well-developed professional standards, trainings, and enforcement methods to encourage competency.

BPOs are also widely utilized in the country, but their main users have been servicers and default managers. Approximately 10m BPOs were completed in 2009 according to industry estimates. BPOs are performed by licensed real estate brokers on industry-accepted forms.

AVMs are utilized in great numbers by lenders or portfolio managers who wish to get values on their groups of properties, as well as consumers, who can simply obtain an AVM through the internet.

Finally, hybrid products can combine any combination of appraiser, real estate broker or real estate professional with database searches and analysis. Again there is limited use of these in the origination market.

While the accuracy and quality of each type of product is still in heated debate, general wisdom often associates the most expensive products (appraisals) as the highest quality and accuracy and AVMs as the lowest. Typical price and time for each product is listed below:

  • Appraisal – $350-$450 – 5-7 days (interior inspection)
  • BPO – $75-$125 – 2-3 days (exterior inspection)
  • Hybrid – $30-$75 – 1 day (desk product)
  • AVM – $3-$20 – seconds

For a servicer who is responsible for selecting and paying for these products, the three components of cost, time and quality need to be balanced. For example, as a property is going towards potential foreclosure or perhaps modification, the lender may just want a snapshot of the probable value. A general idea may be good enough for that purpose. And the lender would currently be able to choose a quicker and less expensive product, which should ultimately benefit the consumer.

One significant current challenge in the market is to keep valuation and pricing options open for the lenders or other market participants. There has been significant pressure brought to bear on the State and Federal levels by appraiser associations who prefer to be the ONLY ones who can value or price properties. While this is understandable from a partisan point of view, it does not take into account the good of the whole. Lenders will have different purposes at different moments in the default process, and they should have all options at their disposal. It is still not clearly proven which method is most accurate in what circumstances. In addition, time and cost need to be considered.

It is very important for all market participants, including consumers, that lenders can carefully evaluate the properties in their portfolio and have the option to choose the products and approaches that turn out to be the most accurate and reliable and cost effective. This includes new product development with market participants including appraisal management companies, appraisers, software developers, AVM providers and others.

New Expectations

There’s no question that appraisers are being asked to do more work than ever before and that their work product is undergoing more scrutiny. For example, Fannie Mae recently instituted the 1004 MC (market conditions) form which obliges appraisers to provide specific comparable sale and listing information and analyze market trends. Although appraisers were expected to do this before, it is now required in a specific format.

Lenders and their agents, AMCs, are also using new analytical tools to get a 360-degree view of the collateral risk that they are assuming. They can now project housing price trends down to the ZIP code level, look at foreclosure and REO inventory, and even look at past transactions involving the subject property to see if it has been involved in fraud.

Over time, it is not at all inconceivable that lenders will expect appraisers to use these same tools to improve the quality and accuracy of their reports. Certainly, many of the larger AMCs are already doing this. Today, many appraisers still don’t go beyond the the minimal demands of the current GSE forms.  But the new normal will demand it. Likewise it will behoove appraisers to utilize the new technologies that make for more accurate and more efficient appraisals.

Finding Ways to Work Together

Finally, our industry needs to find more things that we can all agree upon, and fewer that divide us. There is no question that consolidation has accelerated in the mortgage industry. Whole sectors of the industry are gone. Today, the top four lenders control 50+% of the entire market. And this year, that origination market could be the smallest it has been in a decade. Meanwhile, the number of residential appraisers has remained constant. Something’s got to give.

The Home Value Code of Conduct and the new Federal Housing Administration (FHA) letters unquestionably make it more difficult for small, independent appraisers to market themselves to originators. But the code and letter also serve a valuable function: they eliminate pressure on appraisers to hit-the-number or else. This is good for all appraisers and it restores transparency and confidence to the market.

Clearly, the new regulations are a subject that parts of our industry will disagree upon for the foreseeable future. That’s understandable. But when we attack each other in the press or lobby against one another, this controversy erodes confidence in our industry and the quality of our work. Hopefully, our experience in 2009 will be a passing aberration, and not the new normal.

David Feldman is the division vice president of regulatory and international valuation at First American Valuation Services. He has been an appraiser for over 25 years and  and also serves as co-chairman of the appraisal sub-committee for the Title Appraisal Vendor Management Association (TAVMA).

Friday, April 30th, 2010

Real gross domestic product (GDP) — the output of goods and services produced by US labor and property — increased at an annualized rate of 3.2% in Q110 from the previous quarter despite a slow-down in residential investment, according to an "advance estimate" by the Commerce Department's Bureau of Economic Analysis (BEA).

Amid ongoing "depressed" housing data, the Fed this week decided to keep interest rates near zero. But a withdrawal of federal stimulus programs looks to slow the growth in GDP even further into 2011.

Th Q1 GDP growth is already slowing, from an increase in real GDP of 5.6% in Q409.

"The deceleration in real GDP in the first quarter primarily reflected decelerations in private inventory investment and in exports, a downturn in residential fixed investment, and a larger decrease in state and local government spending that were partly offset by an acceleration in PCE [personal consumption expenditures] and a deceleration in imports," BEA said in a statement.

The second estimate for Q1 GDP growth, based on more complete data, will be released on May 27, 2010.

Economic analysis firm Capital Economics said in e-mailed commentary that the slowdown in GDP growth "isn't quite as bad as it looks," but noted "there is at least one negative" for every positive element in the report.

For example, investment in commercial real estate contracted at a rate of 14%, while investment in residential real estate fell by 10.9%. Additionally, government consumption declined by 1.8% on a "very worrying" 3.8% drop in spending by state and local governments, Capital Economics said.

"This is the impact of the unseen fiscal consolidation in the US," said Capital Economics senior US economist Paul Ashworth. "The focus is all on the impact of the stimulus at the Federal level. But that stimulus is being more than offset by the cuts in state spending, as state governments desperately try to balance their budgets (a legal requirement) in the face of collapsing revenues."

He said the federal stimulus will begin to wind down in the second half of 2010, while contraction on the state level will continue for several more years.

"Overall, these figures illustrate just how uneven the  recovery is," Ashworth said. "We still expect this recovery to be ultimately a disappointment, with GDP growth slowing from 3.0% this year to only 1.5% in 2011."

The decline in GDP growth comes as no surprise to the Federal Open Market Committee (FOMC), which in March revised down GDP growth expectations because of a leveling off in housing activity. After data since its March meeting indicated housing remains "depressed," the FOMC decided this week to maintain the target range for the federal funds rate at zero to 0.25%.

The Fed noted lower housing wealth, continued depressed housing starts and contracting bank lending among circumstances that warrant "exceptionally low" rates for an extended period.

Write to Diana Golobay.

Friday, April 30th, 2010

Wells Fargo & Co., aiming to translate home-lending clout into bigger profits, is building a team to package and trade mortgage-backed securities and curb reliance on Wall Street firms as a market recovery takes hold.

The lender named Mike Buttner to head the residential loan- backed securities unit and expanded its mortgage-bond desk to 30 employees from five, Tim Mullins, 45, head of fixed-income trading at the San Francisco-based company, said in an interview yesterday. The bank expects the market for securitizations to strengthen by year’s end after investor demand for loans lacking government guarantees collapsed during the credit crisis.

Friday, April 30th, 2010

The US attorney's office in New York is conducting a criminal investigation of Goldman Sachs over mortgage securities deals the big Wall Street firm arranged.

The inquiry reportedly stems from a criminal referral by the Securities and Exchange Commission. A source spoke Thursday on condition of anonymity because the investigation is in a preliminary phase.

News of the action came a day after a group of 62 House lawmakers, including Judiciary Committee Chairman John Conyers Jr. (D-Mich.), asked the Justice Department to conduct a criminal investigation of Goldman.

Friday, April 30th, 2010

The Federal Home Loan Bank (FHLB) System's combined assets and advances to its members declined in the first quarter, based on unaudited preliminary results announced on Friday by its finance office.

Total assets of the 12 regional FHLB system banks declined 5% to $966bn at March 31. Advances, which are secured loans to members, fell 9% to $572bn to represented 59% of total assets.

Advances fell "due to the high deposit level at member financial institutions, low loan demand by FHLB members and continued availability of more attractively priced sources of funding and/or sources of liquidity with lower collateral requirements," the government-sponsored agency said in a statement.



Origination/Lending
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Servicing/Default
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