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Archive for June, 2010

Tuesday, June 22nd, 2010

An amendment to the Wall Street Reform Bill being debated today in Congress would eliminate the hotly contested Home Valuation Code of Conduct (HVCC), which has changed much of the home appraisal process since its introduction last year. The Federal Housing Finance Agency (FHFA) implemented HVCC in May 2009 in an attempt to improve the independence of appraisers by prohibiting lenders and third parties from influencing appraisals. It also limits the interactions between the appraisers and those originating the loan.

This has led to increasing demand for appraisal management companies (AMCs), while also acting as a magnet for complaints from independent appraisers who claim they’re being undercut out of the market.

There have been so many reports of HVCC violations, in fact, that the government-sponsored enterprises (GSEs) recently implemented a process to handle them. The volume of complaints, however, hasn’t been enough to sway Edward DeMarco, director of FHFA, to fund an Independent Valuation Protection Institute. In a letter written at the time, DeMarco wrote that the HVCC was having the original desired effect.

“As intended, the Code has improved the independence of appraisers — reducing opportunities for fraud, protecting consumers in the mortgage process and providing greater confidence to the investor community in their purchases of securities backed by mortgages that have appraisals performed under the Code,” DeMarco wrote. “Ultimately, these effects inure to the benefit of homebuyers as well.”

But in July 2009, Jed Smith, managing director of quantitative research at the National Association of Realtors (NAR) wrote a report on the impact of HVCC based on survey responses from its members. Smith wrote that 69% of Realtors reported increased appraisal times of more than eight days after HVCC was implemented, compared to pre-HVCC appraisals.

Of the appraisers surveyed, half also reported a reduction in fees received from the AMCs after completing an appraisal.

The House-Senate Conference Committee is meeting today at noon to debate the amendment, among others, in an attempt to reform regulation of the entire financial industry. If the amendment is approved and the bill is passed, HVCC would be eliminated 60 days after the President signs the bill into law.

Write to Jon Prior.

Tuesday, June 22nd, 2010

Earlier Tuesday, the National Association of Realtors (NAR) reported the annual rate of existing home sales decreased 2.2% in May, and industry reaction to the results and what the future may hold is decidedly mixed.

May is the first month in more than a year the homebuyer tax credit isn't an incentive to lure prospective homeowners into the market, but shoppers that signed a sales contract by April 30 have until June 30 to close the deal and still get the refundable credit — $8,000 for first-time buyers, $6,500 for existing homeowners.

The May decline follows upwardly revised monthly increases in April (8%) and March (7%) for closed transactions of existing houses, condos and co-ops. In addition, the NAR previously reported that pending home sales increased 6% month-over-month in April, the latest in a string of increases for that index, including rises in March (7.1%) and February (8.3%).

NAR's pending sales index is a forward-looking indicator of future closings based on signed contracts. Deals generally close one to two months after contracts are signed. That data suggested existing sales would jump from the revised estimate of 5.79m in April to 6.2m in May — an increase of 7% — Paul Dales, US economist for Toronto-based Capital Economics, wrote Tuesday.

The latest existing sales report "is hard to square" with the pending home sales index, Dales said, "so either signings are being canceled or it is taking longer than usual for a deal to be closed."

Existing home sales took an even deeper dive last December, the first month after the $8,000 first-time homebuyer tax credit was originally set to expire on November 30. That month — historically a slow month for home sales — existing sales dropped 16.7% month-over-month.

After a rush of first-time homebuyers caused existing home sales to shoot up from September through November, NAR called last year's cliff-diving sales volume an “expected” crash in sales volume. That double-digit decline came even though President Obama had already signed legislation into law that expanded eligibility and extended the credit to its most recent deadline.

"The market is going through a period of swings driven by the tax credit,” NAR chief economist Lawrence Yun said in December. “We’ll likely have another surge in the spring as home buyers take advantage of the extended and expanded tax credit.”

On the news of May's existing-home sales decline, the NAR blamed at least some of it on a slow down in the closing process. The association is among those in the industry supporting a Senate amendment that would extend the deadline to close to September 30, giving buyers an extra three months to get deals finalized.

“Approximately 180,000 home buyers who signed a contract in good faith to receive the tax credit may not be able to finalize by the end of June due to delays in the mortgage process, particularly for short sales," Yun wrote in commentary Tuesday. “In addition, many potential sales are being delayed by an interruption in the National Flood Insurance Program. Florida and Louisiana, also impacted by the oil spill, have the highest percentage of homes that require flood insurance.”

But not all deals close, and many home shoppers with sales contracts in place may never close because of financing difficulties, according to Sylvia Alayon, vice president of operations at the Consumer Mortgage Audit Center (CMAC), a Fort Lauderdale, Fla.-based due diligence and consulting firm that specializes in mortgage forensic research and analysis.

"Lending standards are very, very tight," she said. "We're going to see a huge fallout from individuals that signed contracts, and a good majority of them are not going to be able to obtain financing."

Mark Rogers, a senior economist at Lafayette, Calif.-based Econoday projected earlier this month that many pending sales may not have closed by the tax credit deadline and will never close, adding home sales are "almost certain to slump in May."

Capital Economics' Dales wrote that if NAR's projections are correct, existing sales are likely to increase sharply in June. But thereafter, existing sales will fall back sharply, and his long-held projection of an impending double dip in housing would then begin.

"The tax credit-induced surge in demand is boosting prices," Dales wrote. "That is not too surprising given that the government effectively gave homebuyers an extra $8,000 to spend.

"Nonetheless, once home sales fall back to fairly depressed levels, house prices will start declining too," he added. "By the end of next year, we think they will be at least 5% lower."

Yun projected that pending home sales will decline in May and June, a cool down from the surge leading up to the tax credit's contract deadline. But, Yun added, job growth and a manageable level of foreclosures are keys to sales and price performance during the second half of the year.

Others, like John Burns, CEO of Irvine, Calif.-based John Burns Real Estate Consulting (JBREC) are less optimistic.

"This is very bad news," Burns said in reaction to May's numbers. "Sales are going to fall off a cliff in July."

CMAC's Alayon agrees, and said the tax credit pulled too much demand forward, and now sales have nowhere to go but down.

"Unfortunately, we're not going to see the sharp increase in home purchases and we have been accustomed to in the summer. That spike already happened as a result of the incentive the Administration offered," she said.

Alayon said the benefit of a third round of homebuyer tax credits would be minimal, and instead advocates greater incentives to lenders to reduce existing borrower payments through mortgage modifications.

The result, she said, would be a reduction in foreclosures that would stabilize housing prices and lure buyers back into the market.

"Once you can stabilize housing, then you can generate interest with first-time homebuyers and get individuals that can afford to buy second homes or investment properties because now it makes sense to invest in the market," she said.

Write to Austin Kilgore.

Tuesday, June 22nd, 2010

Independent mortgage-backed securities (MBS) broker-dealer Braver Stern Securities added to its Midwest mortgage sales team as part of an ongoing expansion of its trading platform and product offerings.

The firm added veteran investment strategist Scott Buchta as managing director and head of investment strategy. His regular market updates will provide clients commentary on market developments.

"Scott's proven track record of developing investment strategies and wealth of experience will further bolster the strong mortgage sales and trading team at Braver Stern," said managing director of fixed-income sales Cliff Sterling, in a press statement.

Buchta brings more than 23 years of experience in strategy for various fixed-income financial institutions. He previously was a managing director and head of investment strategy at Guggenheim Securities. In the 20 years before that, he served as a senior managing director at the mortgage analytics group of Bear Stearns.

Buchta is only one of the securities industry professionals moving around in recent weeks. Austin, Texas-based financial services provider Amherst Securities Group is actively expanding its commercial MBS platform.

Write to Diana Golobay.

Tuesday, June 22nd, 2010

Residential mortgage industry trade groups are calling on Congress to support certain risk retention provisions of the Wall Street Reform and Consumer Protection Act, especially the establishment of a new safe harbor for mortgages that meet sound underwriting criteria.

The industry has historically sounded the alarm on costly credit risk retention, which will likely be mandated somewhere between 5% at the least and 10% at the most. This risk retention requires originators and securities issuers to keep some "skin in the game," in an attempt to ensure the safety and soundness of mortgage products. But the mortgage industry warns such requirements may prove too costly to promote origination and securitization, and is urging some form of exemption for mortgages with sound underwriting practices.

Language in the financial reform bill, which is being reconciled by both branches of Congress, would establish mortgage underwriting standards that encourages the sustainability of loans and structured finance products, according to a joint letter to Congress from the Mortgage Bankers Association (MBA) and nearly half a dozen other trade groups representing "the entire residential mortgage lending industry."

The base text of the reform bill requires an exemption from the 5% risk retention requirement for mortgages that regulators conclude through rule-making qualify as "very well underwritten," the MBA said in a separate statement of its position on the bill.

"[P]roperly underwritten loans do not warrant additional risk retention and an across-the-board requirement will only lessen competition and increase costs," the MBA said.

The collection of trade groups urged congressional support for risk retention provisions, particularly the Landrieu-Isakson-Hagan qualified residential mortgage Senate amendment to securitization reform. The amendment establishes a Qualified Residential Mortgage safe harbor (not to be confused with the FDIC safe harbor) to apply to risk retention. The provision requires the establishment of a "gold standard" for mortgage securitization that aims to encourage sustainable mortgage products and structured finance transactions built from those loans.

"The Senate bill focuses risk retention on higher risk products," the joint letter reads, in part. "At the same time, it creates strong incentives for lenders to follow regulatory standards for sound underwriting and originate good, sound loans for consumers that will not bear the significantly higher costs that will be associated with mortgages that are subject to risk retention."

The MBA and other trade groups urged the creation of true legal certainty for lenders that underwrite mortgages within the standards of "Qualified Mortgage" status. As the text stands, lenders and loan holders can still be exposed to significant liability, even if a mortgage meets set underwriting standards, they said. This could lead originators to further tighten credit standards — more than required, which the groups said could hamper recovery in the housing and mortgage markets.

The groups urged true safe harbor protection for lenders and investors that purchase loans meeting federal underwriting standards. However, industry dialogue over a rethink of underwriting standards is an ongoing debate.

"Establishing a real safe harbor will provide important clarity and certainty to the capital markets. It will ensure that loans will be salable into the secondary market, and it will provide investors the clarity and legal certainty that these loans will also be compliant with the ability to pay and net tangible benefit standards," the MBA and others wrote in the letter. "This is critical for a full recovery of the mortgage market, especially for the return of private capital for conventional loans not insured by the government."

Additionally, the groups are calling on Congress to ensure limits on fees and points on loans in "Qualified Mortgage" status do not raise the costs of borrowing or further limit access to credit. The text as it stands includes a 3% cap on the total points and fees payable in connection with the loan, but the groups warned the threshold could exclude low-balance mortgages — often made to low- or moderate-income or rural borrowers — from safe harbor protection.

The groups also urged elimination of liability and damage provisions that would give borrowers a federal right of set-off or recoupment against creditors in some cases. This essentially provides "a powerful disincentive" against investing in mortgages and mortgage bonds, the groups said.

They raised concern over language that would bring regulation of appraisal management companies (AMCs) under the authority of state appraisal boards, which could then set fees for appraiser registration within the AMCs. The groups urged Congress to avoid this "patchwork of disparate and burdensome requirements" and instead assign a single federal regulator.

The MBA is joined in the letter by the American Financial Services Association, the Community Mortgage Banking Project, the Community Mortgage Lenders of America, the Consumer Mortgage Coalition, Housing Policy Council, and the Independent Community Bankers of America.

Write to Diana Golobay.

Tuesday, June 22nd, 2010

Moody's Investors Service downgraded $650m of residential mortgage-backed securities, or RMBS, made up of Alt-A loans issued by Countrywide Financial in 2005, the latest downgrade by the ratings agency.

It has downgraded many tens of billions of dollars of RMBS over the past several months as loan losses and delinquencies remain high, although signs of stabilization–and even decline–have been seen in recent data.

Tuesday, June 22nd, 2010

Yields on Fannie Mae and Freddie Mac mortgage securities that guide US home-loan rates fell to the lowest in more than a year and many of their notes rose near record high prices as investors seeking safe debt wager prepayments will stay manageable.

The yield on Fannie Mae’s current-coupon 30-year fixed-rate mortgage bonds, or those trading closest to face value, dropped to 3.88%.

Tuesday, June 22nd, 2010

A Las Vegas-area development won court approval of a bankruptcy exit plan that raises money for creditors in part with plans to sue the company's former investors, including billionaire brothers Sid and Lee Bass.

US Bankruptcy Judge Linda Riegle said yesterday in Las Vegas that she would sign an order approving the reorganization plan for Lake Las Vegas Resort LLC once minor legal issues have been resolved later this week.

Tuesday, June 22nd, 2010

One evening late last week, as House and Senate negotiators wound down another marathon session hammering out details of a massive financial regulatory overhaul, Sen Christopher Dodd (D-CT) uttered what almost everyone else in the room was thinking.

"My own fear is that we've all died and this is our purgatory," the chairman of the Senate banking committee said, sending a ripple of laughter through the weary crowd.

Tuesday, June 22nd, 2010

Treasury secretary Tim Geithner defended the government's bailout of the financial system on Tuesday, saying it has been a "critical" part of the economic recovery and will ultimately cost less than expected.

Geithner is testifying before the Congressional Oversight Panel, the main watchdog for the Troubled Asset Relief Program, or TARP. The government enacted TARP in 2008 at the height of the financial crisis. The program is due to expire in October.

Tuesday, June 22nd, 2010

The $650m commercial mortgage securities as part of a $1.3bn deal to refinance Bank of America Merrill Lynch's New York headquarters are expected to launch Monday.

This is the second refinancing of the tower in less than a year by the owners, a 50-50 joint venture between Bank of America and The Durst Corp.



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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