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Archive for May, 2010

Thursday, May 13th, 2010

[Update 1: Clarifies timeframe, total amount of mortgage modifications]

Bank of America (BAC: 7.29 -0.14%) pushed its total number of permanent modification under the Home Affordable Modification Program (HAMP) to 56,400 in April, up from 32,900 in March, for a total of more than 600,000 modifications through all available programs since January 2008.

The Treasury Department launched HAMP in 2009 to provide incentives to servicers for the modification of loans on the verge of foreclosure. When the Treasury first reported permanent modification in November 2009, BofA reported 98 permanent modifications. A modification reaches permanent status through HAMP after the borrower completes the three-month trial period.

A spokesperson for the Treasury said it would release the April numbers for the entire program next week.

“We were able to convert close to 24,000 Bank of America customers from trial to permanent modifications in the past month, completing the process for more homeowners than in any previous month,” said Jack Schakett, credit loss mitigation strategies executive for Bank of America Home Loans.

Schakett is seeing a decrease in the number of active trial modifications. While this comes from an increased conversion rate into permanent status, it is also the result of recent requirements for borrowers to submit all documentation before entering a trial period.

BofA will begin principal write-downs of the highest-risk loans under HAMP in the coming months.

Write to Jon Prior.

Thursday, May 13th, 2010

Average rates for 30-year fixed-rate mortgages (FRMs) hit a new low for the year in two weekly surveys. In addition, the average rate for five-year adjustable-rate mortgages (ARMs) set a record low in Freddie Mac’s (FRE: 0.00 N/A) weekly survey.

The Freddie Mac weekly survey put the average rate for a 30-year FRM at 4.93% with an average 0.7 origination point for the week ending May 13, down from last week’s average of 5%. A year ago, the 30-year FRM averaged 4.86%. It’s the lowest the Freddie Mac average has been since December 10, 2009, when it averaged 4.81%.

The Bankrate.com survey of large banks and thrifts put the average rate for a 30-year FRM at 5.07% with a 0.42 origination point, down from last week’s average of 5.12% and another low for the year.

Freddie Mac said the 15-year FRM averaged 4.3% with an average 0.6 point, down from last week when it averaged 4.36% and one year ago, when it averaged 4.52%. It’s the lowest average rate for the product since December 3, 2009, when it averaged 4.27%, Freddie Mac added.

Bankrate.com put the 15-year FRM at 4.45% with an average 0.42 origination point, down from last week’s average of 4.49%.

“If mortgage rates tumble across America and nobody sees it, did it really happen?” asked Bankrate.com’s Chris Kissell. “When the stock market suddenly plunged nearly 1,000 points in a few minutes May 6, mortgage rates also collapsed. By some accounts, rates fell to around 4.5% on the 30-year fixed and below 4% for some adjustable-rate mortgages.”

Freddie said the five-year Treasury-indexed hybrid adjustable-rate mortgage (ARM) averaged 3.95% with an average 0.6 point this week, down from last week when it averaged 3.97%, but above a year ago, when it averaged 4.82%. The five-year ARM has not been lower since Freddie Mac started tracking the product in January of 2005, the government-sponsored enterprise said.

The one-year Treasury-indexed ARM averaged 4.02% with an average 0.6 point, down from last week when it averaged 4.07% and a year ago, when it averaged 4.71%. The one-year ARM has not been lower since the week ending November 4, 2004, when it averaged 4%.

Write to Austin Kilgore.

The author held no relevant investments.

Thursday, May 13th, 2010

The US Senate consented unanimously to the Sen. Mary Landrieu (D-LA) amendment on S 3217, the Restoring American Financial Stability Act sponsored by Sen. Chris Dodd (D-CT), that will exempt certain qualifying mortgages from credit risk retention requirements.

The provision is already being praised by industry professionals who say that ensuring the underlying quality of mortgages eliminates the need for risk retention by lenders and securitizers. Risk retention requirements, also called 'skin in the game,' required financial institutions to hold a reserve fund worth 5% of arranged deals, set aside to compensate for any poor performance.

“This amendment will prevent reckless competition based on loose underwriting standards by focusing risk retention on the truly risky loan products and underwriting practices that created the mortgage market turmoil in the first place,” said Glen Corso, managing director of the Community Mortgage Banking Project (CMBP), in a statement.

Corso added: “Creating a ‘qualified mortgage’ exemption ensures that responsible borrowers using traditionally underwritten mortgages will not be forced to pay higher interest rates in order to discourage the risky behavior of others."

Edward Yingling, CEO of the American Bankers Association said passing such a provision would have been at the fiscal expense of the nation. "An across-the-board five percent risk retention requirement would have reduced credit availability by an estimated $125bn per year, hampering economic recovery and job growth."

Senators also approved an amendment by Sen. Mike Crapo (R-ID) that modifies the Landrieu amendment on credit risk requirements, to consider commercial real estate and other asset classes.

"What the amendment does is take the exclusive focus off of just one form of risk retention and allows the regulator to evaluate the best approach to address risk retention by asset class," Crapo said from the Senate floor yesterday. "This still includes a percent retention, if necessary, as well as underwriting standards that actually get at the heart of loans and even strong and uniform representations and warranties which are important to the investors, such as pension funds, mutual funds and endowments who fuel the lending and securitized credit markets."

He added: "The amendment simply gives important direction to the regulators on structuring reforms by asset class."

Senators shot down an amendment on derivatives sponsored by Sen. Saxby Chambliss (R-GA). It would have implemented regulatory oversight of the swap markets and improved regulator's access to information about all swaps, according to a statement. The amendment also aimed to encourage clearing while preventing concentration of inadequately hedged risks in central clearinghouses and ensuring that corporate end users can continue to hedge their unique business risks.

"This amendment would remove the underlying bill's mandatory exchange trading requirement and removes the mandatory clearing provisions. This is just not acceptable," said Sen. Blanche Lincoln (D-AR) from the Senate floor. "We understand and know from our experience with the futures market what the clearing does and the stability that it brings to the marketplace."

Lincoln added: "It is absolutely essential. This amendment removes real price transparency to the public"

She noted the Dodd-Lincoln amendment — which still awaits a Senate vote — provides realtime price transparency to the public and to the regulators while reforming the over-the-counter derivatives market.

Write to Diana Golobay.

Wednesday, May 12th, 2010

Foreclosure filings across the country dropped from the year before for the first time since RealtyTrac began measuring the statistics in January 2005.

The company measures default notices, scheduled auctions and bank repossessions across the US. Filings were reported on 333,837 properties in April, a 2% drop from the same month in 2009 and a 9% drop from March.

James Saccacio, CEO of RealtyTrac, said it could be a sign that foreclosure activity is starting to flatten.

“There were two important milestones in the April numbers that show foreclosure activity has begun to plateau — but at a very high level that will not drop off in the near future,” said Saccacio, chief executive officer of RealtyTrac.

The first milestone was the drop in foreclosures. The second was that REO, or properties taken back by the bank, hit a record monthly high of 92,432 in April, up 1% from February and 45% from April 2009. It was a 1% increase from the peak in December 2009.

However, default notices dropped “substantially” on a monthly basis, according to the report. RealtyTrac reported 103,762 default notices in April, a 12% drop from February and a 27% drop from April 2009, when default activity peaked at more than 142,000.

“We expect a similar pattern to continue for most of this year, with the overall numbers staying at a high level and ripples of activity hitting the various stages of the foreclosure process as lenders systematically work through the backlog of distressed properties,” Saccacio said.

Nevada held the highest foreclosure rate for the 40th straight month. There, one in every 69 housing units received a foreclosure filing in April, more than five times the national average. Arizona moved from third to second despite a 15% decrease in foreclosure activity. There, one in every 169 homes received a filing. Florida held the third spot, where one in every 182 homes received a filing.

California fell from second to fourth. There, one in every 192 homes received a foreclosure filing.

Write to Jon Prior.

Wednesday, May 12th, 2010

As the smell of the oil spill meanders onto the Gulf Coast, it's easy to be reminded of the not too distant memories of Katrina and wonder if this will be yet another excuse for ignoring the harsh post-hurricane realities facing the housing market in that area.

The AOL-backed HousingWatch put out a piece declaring that the oil spill will damage housing 100 times worse than Hurricane Katrina, as one broker put it.

In fact, in times of natural disaster opportunities in real estate abound. Just not the way readers of HousingWatch may envision. So, it's not an argument against the piece, per se, but rather a question on the scope of the subject's coverage, as seen through my lens.

The oil spill is, of course, a terrible tragedy, but it's not comparable to the great overwhelming force of Katrina.

There are plenty of opportunities for savvy investors, as long as they know where to look. And this can be (and is) broadened to explore similar opportunities in flooded areas along the Cumberland River in Tennessee and Kentucky, in our print publications.

In short, the damage to housing from the oil spill is minimal compared to, say, the FHA condo restrictions that have those markets so deteriorated and benumbed already.

Not to say there isn't progress on this front, and Fannie Mae in particular should be commended for its approval team initiative in Florida. And certainly its good news that Walker & Dunlop just provided a $16m Post-Katrina construction loan to Canterbury House Apartments in Baton Rouge.

According to the release:

The loan was structured with a forward commitment 30-year term and a 35-year amortization. The loan was underwritten to a 79 percent loan-to-value with a 1.20x debt-service coverage ratio utilizing Gulf Opportunity Zone Bonds and Fannie Mae's variable rate bond forward commitment product.

“Fannie Mae remains committed to aiding the Gulf Coast recovery and to supporting affordable rental housing and community development," said Bob Simpson, Vice President of Affordable Lending, Fannie Mae.

OK fine, just tell me when Baton Rouge joined the Gulf Coast? Did Katrina erode the shores that far in? Consider that Houston to Galveston is 53 miles. Baton Rouge to Grand Isle is 160 miles.)

The population of the capital exploded immediately after Katrina, sure, but why not use Gulf Opportunity bonds to build in New Orleans, so some fellow Americans can move home? And why limit the ability to capitalize on natural disasters? I recommend describing the new project not only as post-Katrina, but "oil spill concurrent" as well.

One only need to look at the Cotton Mill development in the Central Business District of New Orleans to get an idea of how frustrating doing business in this environment can be, oil spill or not.

Can someone please explain why a prime $1.5million a month turnover development, with half a million dollars in reserve, needs to wait months for FHA approval?

So go ahead. Say the oil spill is killing the market for originations on the Gulf. We could all use news on a slow day. But let's be honest here, it's been dead for quite some time already.

Jacob Gaffney is the editor of HousingWire and HousingWire.com.

Write to him.

Wednesday, May 12th, 2010

The US Senate added several amendments today to S 3217, the Restoring American Financial Stability Act sponsored by Sen. Chris Dodd (D-CT), that will require minimum mortgage underwriting standards and uphold the Federal Reserve's supervision of certain small banks.

Senators passed by a 63-36 vote an amendment sponsored by Sen. Jeff Merkley (D-OR) that requires lenders to maintain certain underwriting standards and verify mortgage borrowers' ability to repay based on income and assets other than the home's value. It also bans mortgage lenders and originators from accepting payments based on the interest rate or other terms of the loans, according to a statement from Merkley's office.

Senators agreed 90-9 on an amendment co-sponsored by Sens Kay Bailey Hutchison (R-TX) and Amy Klobuchar (D-MN) that maintains the Fed's role as the supervisor of bank holding companies and State member banks. The amendment ensures the ability of state-chartered banks and bank holding companies with less than $50bn in to choose Federal Reserve supervision, according to a statement from Hutchison's office.

Senators also agreed, by voice vote, an amendment by Sen. Olympia Snowe (R-ME) to exempt small businesses from the Consumer Financial Protection Agency (CFPA) set up in the Dodd bill.

Under the Snowe amendment, firms that fall under the Small Business Administration (SBA) classification system — as well as new firms that "reasonably" expect to fall under the SBA classification — would be exempt from CFPA oversight so long as the small business extends credit for the sale of non-financial goods and does not securitize its debt.

Senators rejected an amendment by Sen. Bob Corker (R-TN) that would have required a 5% minimum down payment by borrowers and additional credit enhancement for mortgages taken out at more than 80% loan-to-value, in lieu of credit risk retention.

Still pending votes are the Dodd-Lincoln amendment — which would bring the over-the-counter (OTC) derivatives market under greater transparency — and the Sen. Mary Landrieu (D-LA) amendment on credit risk retention exemption. The Landrieu amendment would exempt mortgages with certain underwriting standards — including high down payments and credit scores — from falling under risk retention requirements.

"What Senator Landrieu is saying is we're not going back when we make zero-down, interest-only, reverse amortization loans anymore, but we are going to make the good old days loan, where there is a down payment, where there's skin in the game, where there's an income-to-debt ratio and where the borrower is qualified to borrow the money that they're borrowing," said Sen. Johnny Isakson (R-GA), on the Senate floor today.

Isakson added: "The only risk retention that will be required is when somebody is making a bad loan which means people will stop making bad loans which means this bill and this amendment will address the measure that led to the failure in the housing market."

Senators on Tuesday shot down an amendment by Sen. John McCain (R-AZ) that would have set up a period of time for the government-sponsored entities (GSEs) Fannie Mae (FNM: 0.00 N/A) and Freddie Mac (FRE: 0.00 N/A) to exit conservatorship and wind down their businesses.

Instead, the Senate adopted through a 63-36 vote an amendment by Dodd that requires the Treasury Department to conduct a study on ending the conservatorship of Fannie and Freddie, and reforming the housing finance system.

Write to Diana Golobay.

Wednesday, May 12th, 2010

All but 5% of refinance mortgages originated during Q110 were fixed-rate mortgages (FRMs) and the rate of borrowers with 30-year mortgages that refinanced into shorter-term loans was at its highest level in nearly six years, according to the latest product transition report released by Freddie Mac (FRE: 0.00 N/A).

Of borrowers who had 30-year FRMs, 75% refinanced into a new 30-year FRM, while 15% opted for a 15-year FRM and the remaining 10% chose a 20-year FRM. Freddie said the combined 25% of 30-year borrowers that refinanced into a shorter-term loan is the most since Q304, when 30% of 30-year borrowers refinanced into a balloon mortgage or shorter-term FRM.

In Q409, 80% of 30-year FRM borrowers refinanced into a new 30-year loan, 13% chose 15-year FRMs and 7% chose 20-year products. Regardless of whether the original mortgage was a fixed- or adjustable-rate mortgage (ARM), 95% of borrowers chose to refinance with a FRM.

No borrower group refinanced into a one-year ARM, but the largest group (11%) of borrowers that refinanced into a hybrid ARM were borrowers whose old mortgage was a one-year ARM.

“Average interest rates on 30-year and 15-year fixed-rate mortgage loans remained extraordinarily low during the first quarter, averaging 5.00% and 4.38% respectively in Freddie Mac’s Primary Mortgage Market Survey,” said Frank Nothaft, vice president and chief economist for Freddie Mac.

“The average initial rate on a 5/1 hybrid ARM was 4.2% during the first three months of 2010. With fixed-rate interest rates near a generational low and initial interest rates on hybrid ARMs close to fixed-rate levels, large numbers of homeowners have chosen fixed-rate loans for refinance,” Nothaft added.

The Freddie Mac data, shown in the chart below, is based on a sample of properties where Freddie Mac funded at least two successive loans and the latest loan is for refinance rather than for home purchase:

Of the borrower group that was in a 20-year FRM, 58% chose to refinance into a 15-year FRM, 34% chose a 30-year loan and 8% chose to remain in a 20-year mortgage. The 15-year FRM borrower group saw 72% of refinance borrowers stay with a 15-year loan, while 2% chose a 20-year FRM and 25% chose a 30-year FRM.

“While homeowners are choosing the comfort that comes with constant monthly principal and interest payments on fixed-rate mortgages, at the same time many borrowers are now looking at paying down their mortgage balances faster by choosing a shorter mortgage term of 15 or 20 years instead of 30 years,” Nothaft said.

Write to Austin Kilgore.

The author held no relevant investments.

Wednesday, May 12th, 2010

The shadow inventory of foreclosures should peak in the summer of 2010 before falling gradually in the later months, according to a new report from Barclays Capital.

Barclays defines the shadow inventory of foreclosures as loans in 90-plus day delinquency or already in the foreclosure process. According to the report, there are currently 2.4m loans in 90-plus day delinquency and another 2.1m in foreclosure, totaling 4.5m in the shadow inventory.

Analysts measured these loans in reports from Fannie Mae and Freddie Mac, their regulator the Federal Housing Finance Agency (FHFA), the Federal Deposit Insurance Corp. (FDIC), the US Department of Housing and Urban Development (HUD), the Mortgage Bankers Association (MBA) and its own resources.

The shadow inventory should reach its height in the summer in 2010 before falling gradually as the market absorbs 130,000 distressed properties per month, according to the report. Over the next three years, analysts forecast 4.7m distressed sales with 1.6m in 2010, another 1.6m in 2011 and 1.5m in 2012.

Barclays reported more than 478,000 loans in REO status. At the current rate the banks are trickling loans from foreclosure into REO, that number could grow to 536,000 by late 2011. If that rate increases, Barclays analysts said that number could reach 640,000 by the summer of 2012. Still, analysts said the market is unlikely to revisit the “extreme levels” of REO seen in late 2008.

Write to Jon Prior.

Wednesday, May 12th, 2010

Altisource Portfolio Solutions, which provides real estate services including REO disposition, earned $61m in Q110 as the company put more foreclosed properties back onto the market through its network of brokers.

Through the end of Q110, Altisource had 4,800 properties listed with its REO brokers, compared to 3,500 at the end of 2009. In March, Altisource completed its national rollout of property preservation and finished spreading its REO disposition capabilities across the country as well.

Profits are growing as well. The $61m net revenue grew 43% from $42.6m in Q109. Today, Altisource has REO brokerage coverage in 11 states with a referral brokerage network in place to cover the remainder of the country. Through the rest of 2010, Altisource expects to complete the national rollout of default management and title agency services and continue growing its brokerage coverage.

Altisource said 2010 could bring more profits and growth. Its mortgage services division could capture more revenue related to loans serviced by the mortgage servicer Ocwen Financial. Ocwen expanded its residential loan portfolio including a $9.7bn increase in unpaid principal balance in November 2009, and another $6.9bn increase in May 2010.

Write to Jon Prior.

Wednesday, May 12th, 2010

American International Group (AIG) attorneys are reviewing whether the company may recover funds tied to transactions with Goldman Sachs Group, the insurer’s CEO said.

“We have fine lawyers, we are looking at all of the activities that occurred,” CEO Robert Benmosche said today at AIG’s annual meeting in New York after a shareholder asked about transactions with Goldman Sachs. “To the extent we find anything that was done wrong, or any harm to AIG that should not have happened, our legal staff will take appropriate actions.”



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