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Archive for May, 2010

Friday, May 14th, 2010

Chinese banks won't easily break into a sweat over the quality of their mortgages, even if determined action by Beijing to diffuse a housing bubble helps send property prices up to 30% lower, analysts say.

But their problems could mount quite quickly if any weakness in the mainland Chinese property market spills over into the rest of the economy, or if property prices drop by more than 30%, the analysts said.

Friday, May 14th, 2010

Armed with new lawyers and data from a Securities and Exchange Commission (SEC) filing, loan document compliance software developer DocMagic submitted an amended complaint in its antitrust and unfair trade practices lawsuit against mortgage software developer Ellie Mae.

The 67-page complaint, filed May 10 in US District Court for the Northern District of California in San Francisco, alleges 14 various claims against Ellie Mae ranging from violations of an antitrust law known as the Sherman Act to copyright infringement.

The new complaint comes as both parties agreed to dismiss a state-level lawsuit related to this case. Those claims, including a contract dispute between DocMagic and Ellie Mae, are now wrapped into the federal court case.

DocMagic also brought on a new law firm to represent it in the case. The new firm, Morrison Foerster, is a San Francisco-based global firm that specializes in technology-related legal matters. A DocMagic spokesperson said as the case progressed, the company decided to hire a law firm that specializes in technology-related law. DocMagic’s previous attorney, Matthew Hinks, did not immediately respond to HousingWire’s request for comment.

The amended complaint comes on the heels of news in early May that Ellie Mae is planning an initial public offering (IPO) it hopes will raise $86.25m.

“Ellie Mae’s goal was, and is, the complete elimination of DocMagic and other competitors from the online document preparation services market,” the DocMagic complaint said.

“Ellie Mae’s motive was to bolster its sagging balance sheet to position itself to go public,” the complaint continues. “Ellie Mae candidly admitted that its $4.1m revenue increase from 2008 to 2009 — the only bright spot in Ellie Mae’s financial disclosures — was ‘primarily related to our document preparation services.’”

Indeed, in its SEC filing, Ellie Mae acknowledges the revenue increase in its document preparation services, but credits the profit to the surge in mortgage refinancing in the first half of 2009, a shift in our customer base from mortgage brokerages to mortgage lenders, and its acquisition of Online Documents Inc. (ODI) in Q408. ODI is a mortgage document preparation software Ellie Mae acquired from Stewart Lender Services and rebranded as Ellie Mae Docs.

The federal judge presiding on the case set a May 10 deadline for the amended complaints. In addition to DocMagic’s filing, Ellie Mae filed an answer to complaint and an amendment to its original counterclaim on April 26. That filing adds allegations regarding a reseller contract between Ellie Mae and DocMagic and additional claims that DocMagic improperly solicited Ellie Mae’s customers by promoting direct access to DocMagic.

The timing of DocMagic’s latest complaint prevents Ellie Mae from addressing the allegations. Ellie Mae is in what’s known as a “quiet period” following its IPO filing and a spokesperson for Ellie Mae declined HousingWire’s request for comment.

Federal securities laws limit what information a company and related parties can release to the public during the period, typically 40 days. While not outright prohibited from speaking to the media, it is a common practice for companies to decline media inquiries during quiet periods to avoid any inadvertent violations.

DocMagic president Dominic Iannitti said Ellie Mae’s IPO further proves his company’s allegations.

“Now that we have had the opportunity to review Ellie Mae’s financial performance in its IPO prospectus filed with the Securities Exchange Commission, it appears that the only financial success Ellie Mae can claim in the last two years is tied directly to the document preparation business, much of which is based on business and intellectual property stolen from DocMagic and others in violation of federal and state laws.”

The lawsuit revolves around the relationship between DocMagic’s online document service and three Ellie Mae products, Ellie Mae Docs, ePass and Encompass.

Ellie Mae Docs is essentially a private-label document service that was a hybrid of DocMagic’s service and another similar product, DocuTech. Launched in 2006, Ellie Mae entered into reseller agreements with both companies for their software for use in the system. Later, after Ellie Mae acquired ODI, it was integrated into Ellie Mae Docs.

DocMagic alleges Ellie Mae had access to its proprietary information and used it in developing the latest incarnation of Ellie Mae Docs, a claim Ellie Mae officials denied to HousingWire when the suit was originally filed in August 2009.

“I’m not sure how we would do it, as far as reverse engineering their back-end system when we don’t really see how it works,” Ellie Mae chief strategy officer Jonathan Corr told HousingWire in September 2009. “It’s just a black box to us and we don’t have access to their systems.”

The new complaint alleges that in Ellie Mae Docs, the use of the words “WARNING” and “FATAL” along with using red, yellow and black color scheme on these alerts are in violation of DocMagic copyrights.

“Although it could have chosen any style for the audit reports that it developed for its new document preparation service, Ellie Mae chose to copy the DocMagic trademarks and trade dress so that use of Ellie Mae’s document preparation service would replicate as closely as possible the DocMagic experience,” the complaint alleges.

Portions of DocMagic’s amended complaint are redacted from public viewing. A spokesperson for DocMagic said the redacted portions of the complaint include details revealed during the discovery phase that are prohibited from public disclosure to protect certain private trade information of both companies.

The next development in the case will come in June, when the judge presiding on the case set a deadline for filing motions to dismiss.

Write to Austin Kilgore.

Friday, May 14th, 2010

Editor's Note: On Monday, Paul Jackson, the publisher of HousingWire, postulated the market sentiment that we are all in this mess together.

Two days ago, in one of his rare appearances in front of the press, Bank of England Governor Mervyn King spoke frankly to reporters over the results of his Quarterly Inflation Report.

King's observations, in many ways, provide a timely parallel to Jackson's remarks.

The following excerpts are from that conference, largely overlooked by the American press, where King lays it out cold for us.

Here's why they don't let him out too often:

As you know international conversations proceed very slowly – too slowly usually.

In 2008 there was an exception.

I think the mood and manner of the G7 meetings at the IMF in October 2008 was very different, and that people did come together and recognize that, unless they worked together, we would all be facing an extraordinarily serious position.

That's pretty well documented in [former US Treasury Secretary] Hank Paulson's memoirs of the period.

But I think what I heard on the telephone conversations that I was part of at the weekend, it was slightly reminiscent of that: a recognition that the problems are far too serious for countries not to work together.

After all, dealing with a banking crisis was difficult enough, but at least there were public sector balance sheets onto which the problems could be moved.

Once you move into the sphere of concerns about sovereign debt, there is no answer; there's no backstop.

And it is very important therefore that we hit these problems on the head now, put in place credible solutions to prevent the problems becoming worse.

And I detected at the weekend, in the conversations that I spent hours listening to on the telephone, that this sense of the need to work together was there again.

Now that's not the same as coming up with measures – individual countries have to produce fiscal measures. Spain has announced this morning some further fiscal measures.

I think you will see in the next few weeks determined action by governments to try to deal with this problem.

I think at the weekend the Americans, and indeed the IMF, played a very constructive role in bringing countries together to put in place the measures that were necessary. But it's a much harder set of issues now.

It's to do with individual fiscal consolidation, and it's also to do with the need to try to work together through the IMF and G20 in our process.

That's been the framework that's been agreed in principle, to ensure that countries that do have the ability to expand domestic demand are encouraged to do so, to enable those countries that need to regain competitiveness to have the opportunity to increase their exports to those countries that previously had large current account surpluses, so that we can rebalance demand in the world economy.

And that will be, I think, the big question for the international agenda over the rest of this year.

But let's be clear: this is an issue not just for the United Kingdom.

Every country around the world is in a similar position, even the United States; the world's largest economy has a very large fiscal deficit. And one of the concerns in financial markets is clearly – how will this enormous stock of public debt be reduced over the next few years?

And it's very important that governments, both here and elsewhere, get to grips with this problem, have a very clear and credible approach to reducing the size of those deficits over, in our case, the lifetime of this parliament, in order to convince markets that they should be willing to continue to finance the very large sums of money that will be needed to be raised from financial markets over the next few years, at reasonable interest rates.

Friday, May 14th, 2010

Senators voted against an amendment by Sen. John Thune (R-SD), that would sunset the Bureau of Consumer Financial Protection, as the Senate rounds out its week tweaking the financial reform bill.

Thune said on the Senate floor that the provision would have required Congress to reevaluate the bureau after four years. He warned that, as it stands in the Dodd bill, Congress "has literally no oversight or authority" over the Bureau, even though it will "spend hundreds of millions of dollars" annually.

The Bureau, if created, would serve as the Consumer Financial Protection Agency oversight body.

"I think you can address the issue of consumer protection, you can do it through existing agencies and authorities that are out there," Thune said. "And, frankly, I would like to see this particular title in this legislation go away entirely. But it doesn’t look like that’s going to happen.”

Senators also rejected an amendment by Sen. Jeff Sessions (R-AL) that would provide an orderly and transparent bankruptcy process for non-bank financial institutions and prohibit bailout authority.

“[W]e believe the bankruptcy code in this country should be made so that it works far better for financial institutions,” said Sen. Bob Corker (R-TN) on the Senate floor prior to the vote that rejected the Sessions amendment.

Write to Diana Golobay.

Friday, May 14th, 2010

Returns on commercial real estate investments reached 1.2% in Q110, the first positive return in 18 months, according to the IPD Quarterly Property Index.

The report monitors the trends in the underlying market value and returns of $76bn of assets held by real estate fund managers in the US.

Returns fell to a record low in the 2009, bottoming out in Q109, according to IPD. Since then, US real estate has shown steady quarterly improvement. Pricing competition is even beginning to turn more aggressive amongst returning investors over the last two years, as the supply of prime real estate remains limited, according to IPD.

The office sector of commercial real estate showed the biggest sign of improvement in capital value growth. Capital value shrank 0.7% compared to a 3.7% drop in the previous quarter. The residential sector was close behind, even turning positive at 0.4% growth from a 2.4% decline in Q409.

“While most indications are that the worst of the write-downs are behind investors, uncertainties persist on the medium term health of the broader economy,” said Simon Fairchild, managing director of IPD North America.

The analytics firm, Trepp, reported the delinquency rate among commercial mortgage-backed securities (CMBS) reached 8.02%, another record. Still, as shown in the chart below from IPD, capital returns are rebounding in all sectors of commercial real estate.


For the market overall, Fairchild said early data from the Bureau of Economic Analysis showed the US gross domestic product (GDP) increased 3.2% in Q110 from last year but a full recovery is still to come.

“[A]lthough, if economists’ predictions of a sluggish recovery are accurate then so too will be the pace of capital appreciation,” Fairchild said.

Write to Jon Prior.

Friday, May 14th, 2010

As Congress continues to work through a growing list of amendments to S 3217, the Restoring American Financial Stability Act sponsored by Sen. Chris Dodd (D-CT), Senators approved on Thursday a measure to impose minimum leverage and capital requirements on both banks and nonbank financial firms.

Senators unanimously consented to an amendment, sponsored by Sen. Susan Collins (R-ME), that mandates minimum leverage and risk-based capital requirements for insured depository institutions, depository institution holding companies, and nonbank financial companies under Federal Reserve supervision.

“This amendment strengthens the economic foundation of these firms, increases oversight and accountability, and helps prevent the excesses that contributed to the deep recession that has cost millions of Americans their jobs,” Collins said in a statement. “Increasing capital requirements as firms grow provides a disincentive to their becoming ‘too big to fail’ and ensures an adequate capital cushion in difficult economic times.”

The Collins amendment requires regulators to adjust capital standards for risk factors as financial institutions grow in size or engage in risky practices. The amendment directs the regulators to use a ratio of Tier 1 capital to risk-adjusted assets.

The amendment joins a handful of others approved this week — including provisions to assign credit-rating agencies to deals, exempt qualifying mortgages from credit risk retention requirements, require lenders to maintain certain underwriting standards and call for a one-time audit of emergency lending actions at the Fed.

Write to Diana Golobay.

Thursday, May 13th, 2010

Real estate sellers made at least one price reduction on 22% of listings currently on the market in the US through April, according to the real estate listings site, Trulia.com.

The discounted listings through April increased 10% from March, when 20% of the properties received a price reduction. The average discount held at 10%, totaling $25bn in reductions.

“With more than a year of the federal government’s involvement, we are now re-entering the free market system. As we readjust to the free market, we expect to hit turbulence in some markets,” says Pete Flint, Trulia co-founder and CEO.

Cities in the Great Plains had the largest surge in price reductions from March. In Omaha, Neb., 25% of the listings received a price reduction, an increase of 62%. There was a 27% increase in discounted properties in Tulsa, Okla. Southern California markets had large spikes as well. Price-reduced properties in San Diego increased 39%, and Long Beach discounted listings increased 22%.

“We won’t know the true severity of the tax credit expiration until the conclusion of the peak home buying season in the summer months. Only then will we have a better sense if the US housing market can stand on its own two feet,” Flint said.

Write to Jon Prior.

Thursday, May 13th, 2010

The use of credit scoring is vital to the mortgage underwriting process.  However, behind the scenes, a war is raging over who can lay claim to that process, with one party recently losing ground in the courtroom.

The Fair Isaac Corp. (FICO: 36.01 -8.21%) was denied a new trial regarding what it claims is clearly its trademark; that is, the act of rating an individual's credit on a scale of 300 to 850.

However, VantageScore Solutions, the credit rating provider created by America’s three major credit reporting companies — Equifax (EFX: 39.32 +0.15%), Experian and TransUnion — successfully argued that its system that rates credit on a scale between 501 to 990, is not in violation of the FICO trademark.

The presiding US district judge in Minnesota, Ann Montgomery, went a step further and called for FICO's trademark to be invalidated in her verdict.

In her decision, Montgomery addressed the jury’s finding stating, “Indeed, the jury’s verdict was a wholesale, unambiguous rejection of Fair Isaac’s central theory of the case — i.e., that one can legitimately claim trademark protection in the numerical range for credit scores.”

VantageScore Solutions CEO Barrett Burns said that the court’s decision confirms its longstanding allegation that FICO’s claims are "meritless," and "at every step, VantageScore has prevailed against Fair Isaac’s claims."

"Should FICO appeal, we remain confident we will prevail there too,” Burns said.

And FICO has the full intention of appealing, according to Craig Watts, a director of public affairs at Fair Issac. As to be expected, he said that FICO strongly disagrees with Montgomery's verdict.

Watts added that the basic tenants of the case surround fairness and consumer protection, not against the numerical methodology for presenting that value, especially as it pertains to the sale of those scores to mortgage lenders, for example.

"Nothing has changed as a result of this order," he said, "the defendants have not been held accountable for copying what it took FICO 20 years to build; and consumers will continue to be victims of big-budget ad campaigns that trick them into buying knock-off scores that they think are the genuine FICO scores lenders use to make decisions."

Write to Jacob Gaffney.

Disclosure: the author holds no relevant investments.

Thursday, May 13th, 2010

Mortgage performance in California — although not substantially different than that of the US — varies dramatically among regions within the state, according to a study of all securitized non-agency mortgages in the state by credit-rating agency Fitch Ratings.

"Delinquencies are highly correlated with the level of negative equity," said Fitch managing director Roelof Slump. "Regions with the largest home price increases have also seen the most precipitous declines."

"Property value declines in California are having a dramatic effect on a borrower’s willingness to pay," Slump added.

These trends are particularly relevant to gauging the overall performance of new and existing mortgage-related securities, Fitch said, as California represents approximately 50% of the overall non-conforming mortgage origination volume.

The Fitch study concluded that 60+ delinquency rates for prime loans are at 12% in California, compared to 10% nationally. The delinquency rates for other sectors are similar as well, including pay-option adjustable-rate mortgages (ARMs) (47% vs. 46%), subprime (50% vs. 47%), and Alt-A excluding Option ARMs (both 28%).

Fitch noted dramatic disparity among various regions within the 382 metropolitan statistical areas (MSAs) tracked. For instance, California includes both the best performing region in the country, San Francisco, and the worst performing regions — such as Riverside at 367th.

Riverside’s 23% prime 60+ day delinquency rate more than five times that of San Francisco (4%). Fitch said this performance difference is consistent across all sectors, with 50% of non-prime mortgages more than 60 days delinquent in Riverside compared to only 23% for San Francisco loans. Even Option ARM and subprime loans from San Francisco outperform Alt-A mortgages from Riverside.

The house price swings have been just as varied. Fitch found that, from 2000-2006, house prices in San Francisco increased by 81% and have since declined 22% from the peak. Over the same period, prices in Riverside jumped 193% and since declined 55% from the peak.

Consequently, 90% of Riverside mortgages are now considered "underwater," with nearly 60% of borrowers owing more than 150% of the value of their home. Fitch estimates the weighted average current loan-to-value (LTV) ratio in Riverside to be 164%. By comparison, less than 1% of San Francisco mortgages are more than 50% underwater, with a weighted average current LTV of 81%.

Nationally, Fitch found that 39% of underwater borrowers and 58% of borrowers more than 50% underwater are 60 days or more delinquent (compared to 18% for non-underwater mortgages). Conversely, the four California MSAs with the lowest level of home price appreciation from 2000-2006 have the lowest level of delinquency rates.

The report does not include information on how this data may impact the performance of the securitized pools.

Write to Diana Golobay.

Thursday, May 13th, 2010

The US Senate today approved in a 64-35 vote an amendment by Sen. Al Franken (D-MN) on credit ratings to be added to S 3217, the Restoring American Financial Stability Act sponsored by Sen. Chris Dodd (D-CT).

The amendment would instruct the Securities and Exchange Commission (SEC) to establish a self-regulatory organization to assign credit-rating agencies (CRAs) to provide initial credit ratings on financial products. It essentially creates a board to assign CRAs to securities, to prevent firms from "shopping around" for the highest ratings.

Banks currently choose which CRAs will rate the quality of their bonds and other financial products, which Franken said in a statement results in the agencies giving away "undeserved top ratings" to risky financial products.

"This conflict of interest has cost American investors and pensioners billions and billions of dollars because supposedly risk-free investments have failed or been downgraded to junk status," Franken said on the Senate floor today. "My amendment will correct that conflict of interest by having an independent third party assign the credit rating agency that conducts the initial rating for newly issued complex financial products."

Sen. Carl Levin (D-MI) said the amendment addresses "flawed and inaccurate credit ratings labeled poor quality mortgage-backed securities and high-risk collateralized debt obligations" as triple-A. It requires firms to submit their financial products to the SEC board, which assigns a CRA at random.

“This amendment creates a firewall so that a rating agency can be selected independent of an issuer,” said Sen. Charles Grassley (R-Iowa). “It goes after conflicts of interest between rating agencies and issuers, and that’s a very important area where due diligence was missing leading up to the financial crisis of 2008.”

The Senate also passed in a 61-38 vote the George LeMieux (R-FL) amendment as a side-by-side to the Franken amendment. It would take effect two years after the Dodd bill becomes law, and eliminates statutory references to CRAs.

"You cannot have the people whose products you rate pay you. [Franken]'s right about that," LeMieux on the Senate floor today. "But I would go further. My amendment writes these organizations out of law."

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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