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Archive for April, 2010

Tuesday, April 27th, 2010

As a writer who has covered the mortgage business for many years, I like to think that I bring the industry a lot of what executives here need to know about some aspects of their business. When it comes to technology, for instance, I usually have a lot to say. But as fast as things are changing today, it helps if companies can get their executives out to interact with those from other firms that are also working hard to make sense of a rapidly evolving environment.

For that, nothing beats a live conference.

For a short period after 9/11, and then for the last two years or so, companies have found it more difficult to send people out to industry shows. For a while, there was a lot of chatter about virtual conferences. As a multi-media producer who is fond of podcasting, I saw a lot of promise in getting people together to discuss important industry issues over a distance.

Indeed, over the past 12 months or so a number of publications have begun actively promoting podcasts, webinars and web-based video. A few companies have also stepped into the pool and produced some content. Interthinx, for instance, a company I work with, recently won a national award for its edutainment-based web video content. I wasn't involved in the production. Leonard Ryan of QuestSoft, a man I don't work for but really like, has been producing enjoyable video content during the holidays for years.

But for all the advances I've been happy to see in social networking, online audio and video and general creativity in corporate communication, I don't believe it will ever take the place of the face-to-face meeting. While attendance at industry events have been quite depressed over the last two years or so, I think that may be turning around now, as I'm hearing that this spring's conferences have been better attended.

This week, I'm in Chicago for the Mortgage Bankers Association's Technology in Mortgage Banking conference. This year, the show is co-located with the organization's National Fraud Issues Conference. The buzz around the show is that about 900 men and women who make a living in the industry are on-site. That's not bad for a show the organization was thinking about putting to sleep.

I'm working on another piece for HousingWire where I'll go into the good, bad and not so pretty, so I won't waste time on that here. But I will share with you a couple of reasons that I think live events will always be important in our industry.

The sessions are the first reason to attend. Having planned conferences in the past, I can tell you that some speakers can hear you tell them not to turn the podium into a sales tool and completely forget it by the time their session starts. Selling during a conference session never works and yet that's one of the most common complaints I hear from conference attendees. But that doesn't make the session less valuable, in my mind.

If speakers aren't good enough to provide the information attendees need and instead fall back on more familiar marketing speak, it's up the attendees to ask the questions that will get them the information they need. By attending a conference that features sessions on a topic of interest, an attendee who is not afraid to ask questions can often get the information they are seeking. Sometimes, it doesn't come from the speakers, but from someone in the audience who approaches the attendee with a better answer in the hallway outside.

The other reason to attend live events is the exhibit hall floor. While lenders can often feel like they've been dropped into a shark tank, vendors will find a room full of competitive intelligence. The only drawback is that it might take a bit of creativity to get beyond the booth graphics because the industry isn't big enough for an experienced executive to move about unrecognized.

Most vendors don't have to make a frontal assault on a competitor's booth as there's usually enough talk going on around the show to find out the details about everyone's offerings. Getting this much information about a range of competitors outside of a conference would be extremely time consuming.

My favorite reason for attending these shows might be surprising to someone who hasn't worked in this industry before. Despite the trillions of dollars that flow through the home finance industry, the leaders are part of a fairly small group, most of whom seem to genuinely like each other. On the vendor side, at least, this group has proven, through efforts like MISMO, that they can work together to get things done. It makes for a pleasant industry gathering and one that seems unlikely to be replaced by virtual meetings any time soon.

Tuesday, April 27th, 2010

The change in home prices from February 2009 to February 2010 was positive in the latest edition of the Standard & Poor’s (S&P)/Case-Shiller Home Price Indices.

While the results mark the first time since December 2006 that home prices improved year-over-year, it is very likely the results are due to a surge in home buying leading up to this week’s expiration of the homebuyer tax credit.

“The homebuyer tax credit, available until the end of April, is the likely cause for recent, encouraging housing statistics and this may also flow through to some of our home price data in the next few months,” said David Blitzer, chairman of the S&P index committee.

“It is too early to say that the housing market is recovering,” Blitzer added.

Compared to one year ago, the 10-city home price composite increased 1.4% and the 20-city composite increased 0.6% in February. In January, year-over-year prices in the 10-city composite were level, while the 20-city composite declined 0.7%.

As shown in the chart above, home prices are now at levels equal to late summer/early autumn 2003. Since peaking in the summer of 2006 through the trough in April 2009, the 10-city composite is down 33.5% and the 20-city composite is down 32.6%. From summer 2006 to February 2010, the 10-city composite is down 30.7% and the 20-city composite is down 30.3%.

The results echo another home price index released Monday from First American CoreLogic, which showed a 0.3% year-over-year increase in February, the first annual increase in three years.

In 11 of the 20 markets surveyed, prices were down year-over-year. The largest decline, 14.6% in Las Vegas, was the only double-digit decrease. In six markets — Charlotte, Las Vegas, New York, Portland, Seattle and Tampa — prices reached new price lows in the housing cycle.

“Beginning last November, each report showed gains as fewer cities reported year-over-year declines than in the previous month; those gains ended with this report,” Blitzer said. “These data point to a risk that home prices could decline further before experiencing any sustained gains.”

In every market except San Diego, prices declined from January levels and 14 markets have fallen for at least four consecutive months. San Diego saw a 0.6 percent increase from January.

“This simply confirms that the pace of decline is less severe than a year ago,” Blitzer said. “We should also pay heed to foreclosure activity, which have reached their highest level in at least the last five years. As these homes are put up for sales, we may see some further dampening in home prices.”

Write to Austin Kilgore.

Tuesday, April 27th, 2010

An executive at embattled Goldman Sachs (GS: 111.77 +2.96%) denied before a Senate panel today that he misled investors in a synthetic collateralized debt obligation (CDO) tied to the performance of subprime residential mortgage-backed securities (RMBS).

The Securities and Exchange Commission (SEC) is charging investment bank Goldman and the executive director of its structured products group trading, Fabrice Tourre,  for allegedly making misleading statements about the CDO transaction, ABACUS 2007-AC1.

Tourre, testifying at the Senate Permanent Subcommittee on Investigations hearing on the role of investment banks in the financial crisis, denied the SEC's claims.

"I deny — categorically — the SEC’s allegation. And I will defend myself in court against this false claim," Tourre said in a prepared statement.

As HousingWire previously reported, the Subcommittee uncovered a trail of internal e-mails that allegedly indicate Goldman knowingly profited amid the collapse of the housing market and the related financial products.

“The 2009 Goldman Sachs annual report stated that the firm ‘did not generate enormous net revenues by betting against residential related products,’” said Subcommittee chairman Sen. Carl Levin (D-MI). “These e-mails show that, in fact, Goldman made a lot of money by betting against the mortgage market.”

Another Subcommittee member, Sen. Claire McCaskill (D-MO), said Goldman had less oversight of its risk-taking practices in the synthetic market — or the "lala land of ledger entries" — than a pit boss in a Las Vegas casino.

Tourre told the Subcommittee that seasoned investors were aware of the risk inherent in CDOs and other synthetic products. He said there were only two  investors on the ABACUS transaction — specialty financial services firm ACA and German bank IKB — which he called "institutions with significant resources and extensive experience in the CDO market."

Tourre also said he informed ACA that hedge fund Paulson & Co. was expected to buy credit protection on some of the senior tranches, therefore taking some short exposure in the deal. He denied ever telling ACA that Paulson's fund would be an equity investor.

"If ACA was confused about Paulson's role in the transaction, it had every opportunity to clarify the issue," he told the Subcommittee. He also denied the ABACUS transaction was "designed to fail."

"ACA and IKB were two of the most important clients of my desk," Torre said. "Moreover, the securities referenced in the transaction did not underperform the other securities of that ratings class and vintage. All of the securities of that ratings class and vintage performed poorly because of the subprime mortgage market suffered a broad collapse."

He noted Goldman had "no economic motive" to structure the deal for failure. In fact, Goldman had a long exposure in the transaction, just like ACA and IKB. Tourre said Goldman's losses in connection with the transaction ultimately exceeded $100m, including $83m with respect to the retained long position.

Also noted ACA, not Paulson & Co., selected the portfolio of securities referenced in the deal. As the SEC complaint says, ACA rejected most of the suggestions provided by Paulson. So Goldman was correct in its representation to investors that ACA selected the securities, according to Tourre's testimony.

"[T]he last week has been challenging for me and my family, as I have been the target of unfounded attacks on my character and motives," he said. "I wish to repeat — I did not mislead IKB or ACA, two of the most sophisticated institutional investors in these products anywhere in the world."

Write to Diana Golobay.

Disclosure: the author holds no relevant investments.

Tuesday, April 27th, 2010

Property developer and real estate investment firm, Vesteda, successfully priced Europe's first commercial mortgage-backed securitization (CMBS) of the year.

It is also the first Dutch CMBS since the crisis began. Vesteda develops, rents, manages and sells properties from its own 28,000 unit real estate investment portfolio, valued €5bn.

The Vesteda Residential Funding II BV program is a CMBS worth €350m The portfolio of underlying assets is rented multi-family apartment blocks and houses in the Netherlands. The fact that the deal is privately placed underlies the continued challenges in the market and the inability to fully gauge investor interest.

The issue is comprised of A7 notes rated triple-A by Fitch Ratings, Standard & Poor's and Moody's Investors Service.

ABN AMRO acted as sole lead manager for the transaction and Bishopsfield Capital Partners as rating adviser. The deal is unusual as the role of Bishopsfield is new to the Euro space, where a third party comments on the ratings activity of the credit rating agency.

The notes have been placed with a single investor via a private placement and are underwritten by ABN AMRO.

Vesteda shareholders are made up of Dutch institutional investors. The company maintains that its occupancy rate is 95% across properties, and has remained so over recent years.

Write to Jacob Gaffney.

Tuesday, April 27th, 2010

In March, the US Treasury Department launched an initiative to encourage greater use of principal write-downs under the Home Affordable Modification Program (HAMP). Investors in mortgage securities are beginning to anticipate the knock-on effect these write-downs will have on payouts.

The HAMP write-downs apply only to borrowers with 115% or higher loan-to-value (LTV) ratios. Servicers will initially forbear some or all of the balance exceeding 100% of the home’s value, down to a 31% debt-to-income ratio. Then, the servicer will forgive the forborne amount in three equal installments over three years, contingent on the borrower’s ability to remain current on payments.

Mortgage-backed securities (MBS) investor reactions to the debt forgiveness initiative have been mixed. For example, senior and subordinate bondholders often have split views on this issue, according to independent credit-rating agency DBRS.

"In a traditional debt forgiveness scenario, the principal forgiven will be treated as security losses and be absorbed first by subordinate holders," DBRS said in e-mailed commentary Monday. "Many investors who in recent years bought subordinate bonds based on their 'interest-only' values will see these bonds deplete faster than initially anticipated. Senior investors, while losing some immediate credit enhancement, may benefit from such modifications as overall cumulative losses should hopefully lessen in the long run."

Even within the senior bondholders’ class, DBRS noted that super senior and senior mezzanine investors may also disagree on debt forgiveness. Although both are senior bonds, certain senior mezzanine tranches may benefit to a greater degree if the subordinate write-downs cause the “cross over” from sequential to pro-rata pay among all senior bonds to occur sooner, thus allowing the senior mezzanine bonds to start receiving principals sooner than expected.

"If done properly, DBRS believes that transactions should, in the long run, benefit from principal forgiveness," the rating agency said. "Although securities average lives may be extended, some borrowers could prepay and cumulative losses could be reduced if the housing market recovers in the next few years."

Write to Diana Golobay.

Monday, April 26th, 2010

The House Committee on Oversight and Government Reform requested a "thorough and independent" investigation into concerns over possible violation or misconduct involved in the US Securities and Exchange Commission's (SEC) decision to bring action against Goldman Sachs (GS: 111.77 +2.96%).

The SEC is charging Goldman and one of its vice presidents for allegedly defrauding investors by misstating and omitting key facts about a financial product tied to subprime mortgages, demanding a jury trial for the allegations to be heard.

The charges arrived just days before the US Senate would begin paving the way for sweeping financial regulatory reform through key procedural votes on reform bills.

On April 20, eight members of the House Committee wrote to SEC chairman Mary Schapiro, asking whether some form of prearrangement or coordination took place between SEC officials and proponents of the legislation.

"The timing of the [SEC's] filing of a civil securities fraud action against Goldman Sachs has created serious questions about the Commission's independence and partiality," the letter reads, in part. "The Goldman litigation…has been widely cited by Democrats in support of the financial regulatory legislation currently before the United States Senate."

Although the SEC publicly responded to the committee members' initial letter that it does not coordinate its enforcement actions with the Administration, Congress or political committees, ranking Committee member Darrell Issa (R – CA) said the circumstances and events related to the charges "call the timing and release of the [SEC's charges] into question."

In an April 23 follow-up letter to SEC inspector general David Kotz, Issa noted the timing of the Goldman charges coincided with the push for financial regulatory reform. On behalf of the members who penned the previous letter, Issa requested an investigation by the inspector general.

"The circumstances of the filing and subsequent events fueled suspicion that the Commission…may have engaged in unauthorized disclosure or discussion of Commission proceedings in order to affect the debate over financial regulatory legislation currently pending before the United States Senate," Issa wrote.

Spokespeople for the SEC and SEC inspector general's office did not immediately return calls seeking comment.

Write to Diana Golobay.

Disclosure: the author holds no relevant investments.

Monday, April 26th, 2010

In California, the delinquency rate of commercial mortgages fell to 0.63% in Q110, a 34-basis point (bp) drop from 0.97% at the end of 2009, according to the California Mortgage Bankers Association (CMBA).

On a dollar basis, the delinquent rate reached 0.63%, which translates to a 0.29% delinquent rate on a loan-volume basis. Of the more than 6,400 commercial loans surveyed by the CMBA, 19 loans totaling $344.6m were more than 90 days delinquent. The survey included 16 mortgage banking firms and $54.7bn in commercial and multi-family loans.

Fifteen of the delinquent loans, worth $317.6m, were still three or more payments behind while four reached foreclosure. The largest delinquent loan was a $16.1m retail property in Riverside County.

Retail was the second worst performing category with $19.4m of loans more than 90 days late. Leading the way were office properties. More than $306m of those loans fell into delinquency, or 3% of the surveyed portfolio.

Ten of the 16 participating companies reported no delinquent loans.

“It is encouraging to see the delinquency rate fall, and it reinforces the overall strength of the portfolio,” said Peter Ulrich, commercial real estate consultant for the CMBA. “While the commercial/multifamily real estate sector is not out of the woods yet, the fact that over 99% of loans in a $50bn-plus portfolio are still performing well is a sign that the fundamental underwriting and subsequent servicing of these loans is excellent.”

While there might be more optimism on the default side of the commercial space, the national Mortgage Bankers Association (MBA) reported worse news on the origination side.

The volume of commercial and multifamily mortgages originated in 2009 declined 46% from a year earlier, to $82.3bn of loans, according to the MBA.

The state of the commercial market varies from analyst to analyst. According to Cushman & Wakefield, the market is in better shape than many anticipated given the largest employment declines in more than 70 years, but regional markets with the highest job losses, and the related overabundance of commercial properties vacant as businesses fail, will take longer to dig out of the recession.

Write to Jon Prior.

Monday, April 26th, 2010

The Mortgage Asset Research Institute (MARI), whose subscribers represent 70% of the mortgage finance space, reports today appraisal fraud is taking a larger proportion of trickery alleged in suspicious activity reports (SARs) filed with the Financial Crimes Enforcement Network (FinCEN).

In 2008, suspected appraisal/valuation fraud stood at 22% of mortgage fraud reports. In 2009, that jumped to 33%, said MARI in a conference call on its yearly results.

"It is not surprising given the current state of the housing market," said Darius Bozorgi, CEO of Veros, an appraisal software provider to mortgage lenders and the secondary market. Veros, along with Lender Processing Services (LPS: 16.78 +1.39%) provide support to MARI in its yearly report on fraud.

"Appraisal fraud was masked in the past by rapidly appreciating housing market," added Bozorgi. "In a rapidly depreciating market, appraisal fraud is more apparent."

The report added that the states of Arizona, New Jersey and Virginia are new to the top ten list of states with the highest amount of SARs. The amount of SARs filed rose to 67,190 in 2009, from 63,713 in 2008 and 46,717 in 2007.

The below graph is from today's presentation and is reproduced with permission from LexisNexis Risk Solutions, the global information provider that operates MARI:

Tax return and financial statement reporting continued to hold a top spot in fraud reports, going to 26% from 28% in 2008. This comes as no surprise to Denise James, the director of Mortgage Solutions at Lexis Nexis, considering the state of the economy.

"Consumers are becoming a little more desperate for credit," she said, adding that the documents itself are not fraud proof, thereby underscoring the growing importance of due diligence when originating loans.

Write to Jacob Gaffney.

The author holds no relevant investments.

Monday, April 26th, 2010

Prices ticked up 0.3% in February compared to one year earlier, marking the first annual increase in more than three years, according to the First American CoreLogic LoanPerformance house price index (HPI).

Despite the slight gain over last year, the expiration of federal stimulus programs looks likely to drag down the fragile recovery seen so far in the housing sector, First American said.

Annual price declines were concentrated in western states, with Idaho falling the sharpest — down 13.7% — from last year. Nevada followed with the second-highest — 12.9% — decline from last year:

February marked an improvement over January's 0.5% yearly price decline. The yearly appreciation in prices doubled to 0.6% in First American's February non-distressed HPI, which measures price changes excluding distressed sales.

The national average house price fell 2% from January, First American said, although seasonal weakness may account for the one-month change.

“February’s year-over-year increase in the HPI breaks through an important psychological barrier,” said Mark Fleming, chief economist for First American CoreLogic. “While the increase in the HPI is encouraging, expectations for increased inventory as federal housing stimulus expires moderates our forecast for 2010. Prices will continue to bounce along the bottom while inventory levels remain elevated.”

The company's forecasts for the inventory of homes for sale rose as interest rates are expected to rise, tax credits are set to expire and lingering winter weather continues to drag on February prices. The forecast illustrates what First American called a "sluggish" recovery.

After an expected "modest" growth in spring and summer, the national single-family combined HPI is forecast by First American to decline by 3.4% from February 2010 to February 2011. The company based this expectation on the expiration of current federal housing stimulus programs, including the first-time homebuyer tax credit.

Write to Diana Golobay.

Monday, April 26th, 2010

Sterling Bancorp (STL: 9.56 -0.42%) launched a new mortgage warehouse-lending business to provide funding to banks from the close of a mortgage until it’s sold.

The company brought in 20-year warehouse lending veteran Gary Timmerman as the senior vice president and managing director of the newly formed Sterling Warehouse Lending Group. The business will attempt to establish more mortgage-banking firms and will concentrate on warehouse facilities secured by Fannie Mae (FNM: 0.00 N/A), Freddie Mac (FRE: 0.00 N/A) and FHA loans.

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

Brian Lynch, president of Advantage Systems, which provides accounting and contract management tools for the mortgage industry told HousingWire the warehouse business has been hit hard during the economic downturn.

According to the Warehouse Lending Project, a coalition of mortgage bankers, the number of active warehouse lenders declined from a 2005 peak of more than 115, to fewer than 30 in 2010. The total aggregate capacity of warehouse lending credit dropped to about $25bn, down nearly 90% from the level in 2007.

“Those are most certainly industry-changing numbers,” Lynch said.

Sterling CEO Louis Cappelli said the new warehouse operation is part of the company strategy to deploy capital from a recent common stock offering and grow its core business.

"As the housing market has now begun to show signs of stabilizing, we see an opportunity to apply Sterling's capital, experience and market knowledge to fill this financing need and generate solid returns on our investment in the warehouse business. In keeping with our traditional disciplined and prudent approach, our focus will be on financing only the most qualified, experienced and successful mortgage banking firms," Cappelli said.

Write to Jon Prior.



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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