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Archive for April, 2010

Monday, April 19th, 2010

A few weeks ago I pondered out loud if millions of troubled homeowners, without the burden of a monthly mortgage payment, were instead spending their money on other things — and if that might explain at least some of the recent strength in consumer spending.

Wow, did that ever open a can of worms.

I've since been called brilliant or stupid, not to mention pretty much everything in between. The idea has made it into the mainstream pretty quickly, with economists of the likes of Robert Shiller of the S&P/Case-Shiller Home Price Index and Mark Zandi over at Moody's Economy.com telling CNBC the idea has some merit. Those of you attending the REOMAC conference last week (a real estate show for those specializing in residential default management) might also have also heard economist Christopher Thornberg of Beacon Economics talk about the idea, as well.

Others have somewhat predictably panned the idea that distressed borrowers are contributing to either retail spending or consumer spending figures, with well-known financial commentator Barry Ritholtz over at the Big Picture blog taking me to task for suggesting that deadbeat borrowers were having any impact at all. Ritholtz called the idea "ass backwards," and suggested that I needed to consider "doing actual research."

Ritholtz's opinion notwithstanding, I stand by the idea, although I think some additional clarification is warranted. In my original column, I highlighted a case study published over at the excellent Calculated Risk blog about a HAMP application at a large servicer, and implied that the spend-happy profile was more than just a single, deviant case.

What I didn't do was explain why I believe this to be true. Ritholtz, for one, bases most of his objections on the premise that I "never bothered to ask" the guest poster at Calculated Risk — code-named Shnaps — if the HAMP applicant in question was an outlier, as he believes the case to be.

What Ritholtz doesn't know (ironically enough, because he didn't ask) is that Shnaps and I have spoken at length and numerous times about this very issue. I also speak to numerous other servicers (beyond just Shnaps' current employer) on a regular basis, as part of running this media platform.

Here's the truth: as unfortunate as it may be, there are in fact many mortgage holders in distress that do fit the spending profile at issue here; but precisely how many? No one really knows, since there isn't any real data on it. The sense I get from the servicers and loss mitigators I've spoken with thus far is that "spending the mortgage" is already quite prevalent among aged delinquencies and in certain geographic locations, and is becoming even more common over time as the number of mortgages "held up" in the default pipeline continues to grow.

One servicing employee I spoke with this past week told me the following: "It feels almost like one in two [hardships] I see, someone in a household has lost a job or seen a cutback and the old income level is gone. It used to be that we would see a track record of attempting to adjust spending habits, going through savings, loading up credit cards, the usual. Not now. Now, I see more where they [the household] decides the minute the job is lost that so is the mortgage, and other spending keeps on going."

I think most Americans, too, if they look at their own neighborhoods, will likely know of someone that may be in default on their mortgage — and yet can be seen spending heavily on consumer goods. In our neighborhood, for example, I can think of one household defaulting for strategic reasons that just purchased a brand new car. I know I'm not alone on this, either.

The point here is that truth, as with most things, most often lies somewhere in between two extremes: not every defaulted mortgage holder is out spending money that might have gone to a mortgage payment or rent, of course. Our nation's jobless rate is through the roof, and as a result many good people simply don't have a job (or enough of one) to pay their mortgage.

But the majority of households in the US are now also dual-income — 80% or so of married households, last I checked, and married households represent roughly 50% or more of all households in most states. So the loss of a job for many certainly will constrain household income, but doesn't necessarily push it all the way to zero.

With that in mind, consider that the ratio of total debt payments to monthly gross income is at a median of 77.5% for those borrowers successfully obtaining a modification through HAMP, according to Treasury data. Housing expenses alone represent 44.8% of monthly gross income for this group (prior to modification). And these DTIs apply to the successful HAMP applications; you get one guess to figure out what these ratios look like for the millions more that do not qualify.

It doesn't take a PhD in economics to see a few key points here. For these households, the non-shelter Maslow basics — food, clothing, and so forth — are able to be met with 22.5% of available monthly gross income.

A household facing loss of income can, therefore, rationally lop off 77.5% of its expenses by simply choosing not to perform on its consumer debt, and/or lop off 44.8% of its expenses in one fell swoop simply by defaulting on the mortgage (and still meet household shelter needs, for free). It's quite possible, in fact, that doing so is often more than enough to offset whatever loss of income is being experienced by many households.

Retail and food spending for March 2010 came in at $363.2bn, up 1.6% from $357.5bn in February. That's an increase of $5.7bn, month-over-month. I threw around a rough figure of $3.7b per month as the "delinquent spending" figure in my original column (using admittedly back-of-the-napkin math), but have since seen other estimates above that number.

All of my years of studying econometrics did manage to teach me one very important lesson: Economics isn't always about whiz-bang analysis of data. At the end of the day, that data is supposed to capture meaningful behavior — which is what ultimately gives any analysis its context. In this case, we have ample evidence of how households are behaving, even if it's the sort of anecdotal and qualitative evidence that quants tend to discount.

In a nascent and fragile economic recovery, choosing to ignore anecdotal evidence simply because it isn't "rigorous enough for real analysis" is a great way to miss an important trend.

Paul Jackson is the publisher of HousingWire.com and HousingWire Magazine. Follow him on Twitter: @pjackson

Monday, April 19th, 2010

Mortgage technology and services provider ISGN is formally launching an equity sharing program this week for underwater borrowers. Under the program, lenders will voluntarily reduce a borrower's mortgage principal in exchange for a slice of ownership in the home. In an ideal situation, the lender will make a profit off the future appreciation of the home, assuming values increase.

Equity sharing programs aren’t new; in fact, ISGN’s Real Estate Shared Equity Transaction (RESET) program is based off a plan initially introduced to give homeowners a way to take equity out of their home without using a traditional home equity line of credit (HELOC) or second mortgage. The new plan, they hope, will help mitigate the risk of negative equity homeowners from strategically defaulting.

ISGN and partner EquityRock, formerly known as REX&Co., believe that by working with banks to facilitate equity sharing deals, homeowners can pay a mortgage with a reduced principal without the moral hazard of a write-down.

“We’ve worked through downturns before and the strategy has been to throw people at it and wait it out and eventually the market will return,” ISGN’s Bill Garland, the senior vice president in charge of the firm’s home retention unit, told HousingWire. But in today’s market, the name of the game is do anything to stabilize the one to four unit housing market. “Until then, we’ll have more defaults, no liquidity, and high loss severity.”

As HousingWire’s extensively reported, including the February cover story, negative equity is considered the biggest trigger to a borrower strategically defaulting. There are as many as 11.3m borrowers who owe more on their mortgage than what their home is worth. Recently announced federal incentive programs try to address the problem of negative equity, but many in the lending community are concerned about the moral hazard of making principal write downs for borrowers that can afford their payments, but chose not to because their home’s value decreased. With some predicting negative equity being a problem through at least the middle of the decade, there are many solutions being pitched to solve the problem. ISGN’s RESET program is one of a handful of similar initiatives developed to tackle the strategic default issue.

In an ISGN-facilitated RESET agreement, the bank agrees to modify the borrower’s mortgage to reduce the loan-to-value (LTV) from a negative equity position to 90% LTV. The interest rate stays the same, but because the principal is now lower, so is the borrower’s monthly payment. In exchange for the write down, the borrower signs an agreement that when the house is sold, the mortgage is paid off and whatever profits are left are split between the borrower and the bank. The percentage of the split varies, depending on the terms of the agreement the bank picks.

The arrangement hinges on the property appreciating in value. But even if it doesn’t, EquityRock co-CEO James Riccitelli said the losses associated with a distressed sale are greater. In addition, before the home is sold, the borrower returns to making timely loan payments, bringing the mortgage back into performance and out of default. “It’s a better deal for the lender,” he said.

EquityRock spent approximately $30m vetting the legal process for these equity share transactions, and so far, it’s been cleared in 14 states, covering more than half of the US population, Riccitelli said. For ISGN and EquityRock to profit from facilitating these transactions, the firms collect a small fee for each completed agreement. EquityRock also envisions the equity sharing agreements to become assets traded by investors, where additional profits lie in facilitating those transactions.

So far, ISGN and EquityRock are shopping the initiative to lenders, but no one has yet to sign on. As it continues to market the service, ISGN and EquityRock are asking lenders to provide information on recent loans that have fallen out of the Making Home Affordable Modification Program (HAMP). With the data, a report is prepared to analyze which of those loans may benefit from an equity sharing arrangement.

“The problem is far too big this time, we can’t ride it out,” Riccitelli said. “If we could do this on a couple of million loans, that’s a home run right now.”

Write to Austin Kilgore.

Monday, April 19th, 2010

The Securities Industry and Financial Markets Association (SIFMA), an international trade body, picked the former head of the Federal Home Loan Bank of Atlanta, Richard Dorfman, to lead its new securitization-focused group, the SSG.

SIFMA formed the SSG a few months ago, after parting ways with the American Securitization Forum. The SSG was created to fill the space left by the ASF departure.

"I am excited by this opportunity and delighted to join SIFMA at such a crucial time for our industry," said Dorfman. "Securitization is instrumental in the provision of consumer credit, economic activity and job creation, and it is critical that the market recover."

According to a release from SIFMA, the SSG will hold the primary focus of working with Washington DC regulators on creating and implementing securitization reforms, hopefully in ways that minimize damage to secondary market operations.

"I look forward to working with our members on essential initiatives related to regulatory reform, the future of the GSEs, and to providing the input the SEC requested on its recent rule proposal related to asset-backed securities," Dorfman added.

Dorfman led the Federal Home Loan Bank of Atlanta from June 2007.  Prior to that, he was head of the US agencies and mortgages business at investment bank ABN AMRO. He also worked in the mortgage division of Lehman Brothers as head of originations, US government and agency business.

He also worked as an attorney with the Federal Deposit Insurance Corp. (FDIC).

Write to Jacob Gaffney.

The author holds no relevant investments.

Monday, April 19th, 2010

Residential lender First California Mortgage Company (First Cal) will pilot the newly-created, NattyMac, a warehouse operation initiative started by Fannie Mae (FNM: 0.00 N/A) and financial services firm, Guggenheim Partners.

In February 2010, Fannie pledged a $1bn warehouse credit line to the mortgage warehouse operations of Guggenheim Partners. First Cal secured $50m in new warehouse funding through the program, enabling the lender to fund an extra 5,000 home loans in 2010 and more than triple production in 2009.

“This innovative program, with its emphasis on enabling quality home financing, will help bring pricing stability to the housing market and to mortgage lending in general. This benefits both existing and new homeowners,” said Christopher Hart, president of First Cal.

Before the current credit crisis, lenders like First Cal used warehouse lines of credit to fund mortgage origination and sold them to institutional investors such as Fannie Mae. These credit lines dried up as the credit crunch worsened.

First Cal will produce more residential loans through its wholesale broker network, its retail lending operation and through DealPoint, its community bank program. Ralph Hints, chief financial officer for First Cal, said the company is in the process to secure additional lines of credit to support other non-agency lending programs such as FHA and VA-backed mortgages.

Write to Jon Prior.

Monday, April 19th, 2010

A real estate executive in Stockton, Calif. pled guilty to bid rigging in a scheme to profit off sheriff sale foreclosure auctions.

As HousingWire reported over the weekend, Anthony Ghio admitted in his guilty plea that he conspired with a group of real estate speculators who agreed not to bid against each other at certain public real estate foreclosure auctions in San Joaquin County, Calif. in order to suppress and restrain competition and to purchase distressed real estate at non-competitive prices, according to an announcement by the US Attorney for the Eastern District of California and the Department of Justice's antitrust division.

According to court documents in the case, from April 2009 to October 2009, after a designated bidder purchased a property at public auction, the conspirators would hold a second auction, bidding among themselves for the property at a price higher than what was paid at auction. That difference between the price at the public auction and that at the second auction was the group's illicit profit, and it was divided among the conspirators in payoffs, officials said.

Bid rigging is a violation of the Sherman Act and carries a maximum penalty of 10 years in prison and a $1m fine. The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victim of the crime, if either of those amounts is greater.

The allegations against Ghio are part of an ongoing federal antitrust investigation of fraud and bidding irregularities in real estate auctions in San Joaquin County conducted by the US Attorney’s office, the Federal Bureau of Investigation (FBI) and the San Joaquin County District Attorney's Office. It is conducted under the directive of the Obama Administration’s Financial Fraud Enforcement Task Force, an interagency task force focused on prosecuting financial crimes. One segment of the task force is the national Mortgage Fraud Working Group.

Write to Austin Kilgore.

Monday, April 19th, 2010

Federal criminal investigators looking into the collapse of Countrywide Financial Corp. have been calling witnesses before a grand jury, say people familiar with the matter. Such a step suggests that the investigation of the one-time mortgage giant, which has been continuing for about two years, could be moving closer to a resolution.

The grand jury began hearing witnesses on the Countrywide case late last year, say people familiar with the matter. Word of this development hasn't yet surfaced publicly, since grand-jury proceedings are routinely shrouded in secrecy. It isn't known which individuals the Countrywide grand jury here is looking at or what potential crimes are being investigated.

Last June, the SEC filed a civil suit in Los Angeles federal court against three former top Countrywide executives, including the company's longtime chief executive, Angelo Mozilo.

Monday, April 19th, 2010

Citigroup (C: 30.87 +1.61%) posted a $4.4bn net income for Q110, despite rising cash reserves for loan losses.

The bank saw net credit losses decline in the third consecutive quarter, dropping 16% from the previous quarter to $8.4bn in Q110.

"We are proud of our first quarter results but remain cautious about the environment, given the uncertain economic recovery and high unemployment in the US," said CEO Vikram Pandit, in a press release. "Realistically, we do not expect our performance to follow an invariable trend-line upward."

Citi raised its loan loss allowance to $48.7bn, or 6.8% of loans, compared with $36bn, or 6.09% of loans in the previous quarter. Citi said the increase in loss allowance reflected the addition of $13.4bn of reserves related to the adoption of Financial Accounting Standards (FAS) 166 and 167 treatment of off-balance-sheet assets.

The bank's total assets rose 8% form the previous quarter to $2trn after the adoption of FAS 166/167 added $137bn of assets onto the balance sheet as of Jan. 1, 2010.

The securities and banking unit posted net income of $3.2bn, up $2.9bn from the previous quarter on strong North America and Europe, the Middle East and Africa (EMEA) business, and a decline in overall credit costs.

The positive results at Citi follow the $3.2bn net Q110 income reported last week at Bank of America (BAC: 7.29 -0.14%), as well as the $3.3bn quarterly income at JP Morgan Chase (JPM: 37.21 -0.75%).

Write to Diana Golobay.

Disclosure: the author holds no relevant investment positions.

Monday, April 19th, 2010

A group representing heirs of Howard Hughes filed an objection on Friday to a plan for General Growth Properties Inc, to emerge from bankruptcy as a stand-alone company, saying it pays investors who would bankroll that plan at their expense.

The Hughes heirs, whose ties to General Growth to its 2004, acquisition of Rouse Cos, said General Growth "deliberately" understated the value of the warrants that are included in a deal to finance General Growth's exit.

Brookfield Asset Management Inc, Pershing Square Capital and Fairholme Capital Management have agreed to put up $6.55 billion in exchange for 65 percent of the company, according to court documents. The deal also includes giving the three financiers 120 million warrants for future stock.

General Growth has valued the warrants at $519 million, or 8.24 percent of the proposed investment, according to court papers filed with the U.S. Bankruptcy Court in the Southern District of New York. But the Hughes heirs said that because of volatility of the stock, the true value likely exceeds $884 or 14 percent of he proposed investment.

Monday, April 19th, 2010

A look at stories across HousingWire’s weekend desk…with more coverage to come on bigger issues:

The piling on has already begun, and it's probably just getting started. After the Securities and Exchange Commission (SEC) charged Goldman Sachs (GS: 111.77 +2.96%) with fraud for subprime investments, the U.K. and Germany could be set to take legal steps of their own against the investment bank, according to Reuters.

Prime Minister Gordon Brown, who is in the middle of an election campaign, told BBC News Sunday he wants Britain’s own investigation into the dealings.

“"I want a special investigation done into the entanglement of Goldman Sachs and the companies there with other banks and what happened," Brown said. “There are hundreds of millions of pounds have been traded here and it looks as if people were misled about what happened. I want the Financial Services Authority (FSA) to investigate it immediately.”

In Germany, a spokesperson for the government told a German newspaper it too will seek information from the SEC before it takes its own legal steps.

According to a weekly report from Barclays Capital, housing starts increased 1.6% to 626,000 in March and above early expectations of 610,000. Broken down, single-family starts did slip 0.9% but it follows a 5.7% gain in February and a 5.4% jump in January. Single-family permits did increase 5.6% in March and have grown 51% from March 2009, which could mean an upward trend in starts could be more than temporary.

Completions are now below permits, which Barclays analysts suggest inventories could start to pick up unless they are met with “greater-than-expected demand.” According Barclays, builders will add cautiously to inventories as housing demand returns to higher levels.

Barclays analysts also expect home sales to jump to 5.2m in March from 5.02m in February, which could reverse some of the declines over the previous two months.

“We expect the improvement in sales to continue through the spring, peaking in June when the tax credit expires for closed contracts. Similar to the first version of the tax credit, some of the sales will be pulled forward from future months, leaving sales to revert in the second half of the year,” according to the report.

A new real estate auction company is up and running. Saul Waranch and Michael Brown formed Dynamic Auction Solutions, an auction company with headquarters in Dallas and Houston. DAS will specialize in auctioning commercial properties throughout Texas.

Waranch and Brown combine for more than 50 years experience in real estate and business. Waranch said that their network of associates will give clients a program to market their real or personal property.

In bleaker news on the real estate auction front, Anthony Ghio, a California real estate executive, plead guilty in the US District Court in Sacremento, Calif. to allegedly conspiring to rig bids at public real estate foreclosure auctions held in San Joaquin County.

Ghio is charged with bid rigging, a violation of the Sherman Act, which carries a maximum penalty of 10 years in prison and a $1m fine.

More movement continues at GMAC Financial Services. The company appointed Jack Stack as an independent director to the board of directors and will also serve on the Audit Committee and Risk and Compliance Committee. Stack served as chairman and CEO of Ceska Sporitelna, the largest bank in the Czech Republic, from 2000 to 2007.

The Executives’ Club of Chicago announced Jaime Dimon, chairman and CEO of JPMorgan Chase (JPM: 37.21 -0.75%) as the International Executive of the Year. Dimon played a key role in early efforts to quell the financial crisis, absorbing the troubled Bear Stearns and Washington Mutual. Heading up JPMorgan Chase, he leads the management of $2trn in assets.

In all, eight banks were shut down by regulators over the weekend. TD Bank, based in Delaware assumed all deposits and agreed to purchase all assets of three failed banks in Florida. The Office of the Comptroller of the Currency closed Riverside National Bank of Florida with its $2.76bn in deposits and $3.42bn in total assets. The Florida Office of Financial Regulation closed AmericanFirst Bank with $81.9m in deposits and $90.5m in total assets. The Office of Thrift Supervision closed First Federal Bank of North Florida with $324.2m in deposits and $393.3m in assets.

The Federal Deposit Insurance Corp. (FDIC) estimated a $491.8m cost to its Deposit Insurance Fund (DIF) for the closing of Riverside National Bank of Florida, $10.5m for AmericanFirst Bank, and $6m for First Federal Bank of North Florida.

The Washington Department of Financial Institutions closed City Bank. Whidbey Island Bank will assume all $1.02bn in deposits and agreed to purchase $704.1m of the $1.13bn in failed bank’s assets. The FDIC and Whidbey Island Bank entered into a loss-share transaction on $455.6m of the assets. The FDIC estimated the cost to the DIF to be $323.4m.

The California Department of Financial Institutions closed Tamalpais Bank. Union Bank, based in San Francisco, will assume all $487.6m in deposits and entered into a loss-share transaction with the FDIC on $522.3m of the failed bank’s $628.9m in total assets. The FDIC estimated the cost to the DIF to be $81.1m.

The California Department of Financial Institutions also closed Innovative Bank, based in Oakland. Center Bank, in Los Angeles, will assume all $225.2m in total deposits and will purchase all $268.9m in total assets. The FDIC estimated the cost to the DIF to be $37.8m.

The Massachusetts Division of Banks closed Butler Bank. People’s United Bank, based in Connecticut, will assume all $233.2m in deposits and will purchase all $268m in total assets. The FDIC estimated the cost of the DIF to be $22.9m.

Write to Jon Prior.

Disclosure: the author holds no relevant investment positions.

Friday, April 16th, 2010

Freddie Mac (FRE: 0.00 N/A) this week named GMAC Residential Capital (ResCap) veteran Anthony Renzi to the newly created role of executive vice president of single-family mortgage portfolio management.

Renzi filled a number of roles at ResCap for 24 years, including chief operating officer (COO) of ResCap and president of GMAC Mortgage, before joining Freddie.

He reports to Freddie COO Bruce Witherell and will manage and minimize losses on the company's $1.8trn single-family guarantee portfolio, according to a press release. He will focus primarily on non-performing loans and on servicer management.

"Tony is a proven leader and is well rounded in all aspects of mortgage banking, servicing and mortgage portfolio management," Witherell said. "As responsible stewards of taxpayer support, we must elevate our management focus on reducing credit loss exposure, while at the same time helping keep more American families in their homes. Having our operational and strategic resources aligned under a single, senior executive is critical to achieving our goals."

Renzi begins his role on April 19th. He will manage the company's relationships with servicers and its implementation of foreclosure avoidance efforts.

His hire at Freddie marks one of two career moves by executive GMAC/ResCap veterans. Former executive vice president John Vella will begin on April 26 as the new COO of Equator, an automated default servicing, REO and short sale technology provider.

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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