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Archive for June, 2010

Friday, June 18th, 2010

District judge Richard Berman in a written decision Thursday granted a motion by Countrywide Financial to dismiss claims by a hedge fund that it misrepresented the risk of certain mortgage portfolios.

On June 18, 2009, SRM Global Fund filed an amended claim against Countrywide Financial, now known as Bank of America Home Loans following the acquisition of Countrywide. The suit was failed against former Countrywide officers and directors Angelo Mozilo, David Sambol, Eric Sieracki, and against Bank of America (BAC: 7.29 -0.14%) and former BofA CEO Kenneth Lewis.

SRM owned roughly 50m shares of Countrywide in 2008, an investment that "lost nearly 90% of its value in just nine months as the truth about the problems at Countrywide concealed by Defendants' misrepresentations and omissions were gradually revealed," according to the complaint.

The alleged misrepresentations and omissions include, among others, that Countrywide on Sept. 26, 2006 "knew they were 'flying blind' with respect to the value of [Countrywide's] substantial pay-option adjustable rate mortgage (pay-option ARM) portfolio and thus … had no reasonable basis for [their] assurances about Countrywide's financial condition," according to Berman's statement.

On Oct. 26, 2007, Countrywide announced its Q307 financial results, which included a $1.25bn loss, Countrywide's first quarterly loss in 25 years, according to the SRM complaint. Countrywide also disclosed a $1bn write-down of its loans and mortgage-backed securities and a threefold increase in loan loss provisions over the previous quarter, a nearly 25-fold increase over the prior year.

SRM claimed that Countrywide misrepresented in certain 2006-2007 regulatory filings its viability and liquidity. But Berman wrote that SRM "does little more than summarize statements contained in the [Securities and Exchange Commission] filing regarding substantial losses sustained by Countrywide and does not explain how these statements were misleading or deficient."

"[SRM] has failed to allege that the Defendants made a material misstatement or omission … [and] failed to plead facts showing a primary violation of the securities laws by the allegedly controlled persons," Berman wrote.

Additionally, SRM had requested the ability to file a second amended complaint to incorporate new documents and data, but Berman "respectfully denied" the SRM's request, as the hedge fund "was given ample advance notice" of the basis for the defendant's motion to have the claims dismissed.

Write to Diana Golobay.

Disclosure: the author holds no relevant investments.

Friday, June 18th, 2010

While Switzerland's central bank Thursday painted an encouraging picture of the country's economy it also raised a warning about the danger that a housing market bubble is developing.

The Swiss National Bank Thursday froze its interest rates near zero as expected by most analysts, but said historically low rates mean Switzerland's banks and mortgage institutions need to be more prudent in their lending and mortgage policies.

Friday, June 18th, 2010

GMAC Mortgage (GMAC) said Friday that it will vigorously defend itself against allegations of wrongdoing in a lawsuit filed by American Residential Equities and claimed the suit was without merit.

American Residential Equities (ARE), a Miami real estate company, recently sued GMAC Mortgage, claiming it failed to properly service mortgages and REO properties ARE owns.

“We believe this suit is without merit and will vigorously defend against the allegations, including the pursuit of all outstanding claims against American Residential Equities,” said James Olecki, a spokesman for GMAC Mortgage, told REO Insider in a written statement.

Olecki said GMAC Mortgage is committed to work with borrowers to modify loans within its contractual obligations. Since 2008, he said, GMAC Mortgage has conducted more than 200,000 permanent loan modifications.

“GMAC Mortgage continues to expend every available effort in assisting at-risk homeowners with permanent payment relief and avoiding foreclosures wherever possible,” Olecki said.

ARE buys and liquidates pools of nonperforming residential mortgages. Upon acquiring loans, ARE typically retains a company to “service” the loans and originally retained GMAC in 2004 for that purpose. ARE alleges in the suit that GMAC failed to comply with the servicing agreement, and also failed to maintain and inspect properties.

On April 20, 2009, GMAC sent a letter to ARE to terminate the servicing agreement, without cause, effective no later than July 31, 2009, but less than two weeks later GMAC extended the termination four months, through November 2009, according to the lawsuit.

ARE also alleged that GMAC pressed it to offer preferential treatment and a loan modification to the brother of Georgia State Rep. Joe Heckstall. Heckstall has said he’s not ready to comment on the lawsuit. GMAC made no comment about the allegations regarding Heckstall.

Write to Jon Prior.

The author holds no relevant investments.

Friday, June 18th, 2010

Standard & Poor's (S&P) assigned triple-A ratings to senior classes of Impact Funding's multifamily mortgage pass-through certificates, series 2010-1.

The mortgage collateral for the securitization includes 178 affordable multi-family mortgages — worth roughly $302m — mostly secured by properties participating in the Low Income Housing Tax Credit program, S&P said in a pre-sale report this week.

The triple-A status applies to two senior-most slices of the class-A tranche totaling $268.9m. The ratings are supported by a 10.95% level of subordination for the class-A certificates, which provide coverage for potential losses should any mortgage defaults occur, according to the credit-rating agency

"In our opinion, the flow of funds provides sufficient control over revenues by the trustee so that certificate holders have what we consider to be adequate security," S&P said.

The agency noted moderate leverage in the transaction, with a 69% loan-to-value ratio among the loans, which are well-seasoned at an average 60 months. None of the loans are delinquent.

S&P noted some concerns with the transaction, including 23 underperforming loans with debt service coverage below 1.0x. There is also a heavy concentration of properties in California, with 57% of the loan pool distributed through the state. Additionally, the agency noted outdated third-party data due to the loan seasoning of he pool.

S&P said at the time the issuer expected to sell $269m of class A-1 and A-2 certificates. The senior-level bonds priced 225 basis points over benchmark, according to Bloomerg Businessweek.

The Impact deal comes after JP Morgan (JPM: 37.21 -0.75%) sold $716.3m of commercial mortgage-backed securities (CMBS) bonds, marking the second deal of the year.

Write to Diana Golobay.

Friday, June 18th, 2010

A new Fannie Mae (FNM: 0.00 N/A) policy that takes effect in July will potentially keep homes severely damaged by toxic drywall manufactured in China out of the foreclosure pipeline, but will add additional burden to a servicing industry already taxed by mounting work implementing loss mitigation strategies and processing foreclosures.

Under the authority of its "Unusual Hardships" policy, Fannie is directing its mortgage servicers to provide borrowers impacted by Chinese drywall up to six months of forbearance on their monthly mortgage payment and to minimize the derogatory credit impact for borrowers who are current on their loans and complying with the terms of the forbearance.

The Fannie policy takes effect in mid-July. A spokesperson for Freddie Mac (FRE: 0.00 N/A) said it intends to announce a similar initiative as soon as Friday.

The drywall was imported heavily during the housing boom and during the recovery after Hurricanes Katrina and Rita. It was used predominately in construction of homes in Florida, Louisiana and Virginia, but the US Consumer Product Safety Commission (CPSC) has fielded nearly 3,400 complaints from homeowners in 37 states.

A CPSC-led task force studying the impact of the drywall said it is responsible for emitting a sulfur smell, corrodes metal pipes and makes some residents ill. The task force has further found that the only effective remediation of the drywall is complete removal and replacement of the drywall and the affected household components. That's forcing homeowners to find alternative housing — at their own expense — while their homes are repaired.

"This relief is intended to help borrowers who need payment flexibility as they take steps to mitigate … problem drywall," said Terry Edwards, executive vice president. "The issue potentially affects thousands of homeowners in a number of states, and we want to support those who are responsibly trying to honor their mortgage obligation in good faith while correcting the problem and protecting the health and safety of their families."

Servicers will be required to document and evaluate each borrower's circumstances on a case-by-case basis. For a borrower to be approved for the forbearance, the property must be inspected to confirm the existence of the problem drywall. The servicer then approves the hardship for the six-month forbearance. Fannie Mae must approve any extensions.

The nationwide program comes after a similar forbearance program for Virginia homeowners. After Virginia Sen. Mark Warner secured the forbearances for his constituents, the government-sponsored enterprises (GSEs) came under pressure from other US senators in Florida and Louisiana for the same. The Veterans Administration (VA) also recently encouraged its servicers to provide six-month forbearances to homeowners with Chinese drywall on mortgages it guarantees.

A federal judge in New Orleans earlier this year ruled against one of the drywall manufacturers and awarded $2.6m to seven families whose homes were built with the alleged defective materials. However, the company, Taishan Gypsum Co., was not present for the hearing and it is unlikely the families will recover the money.

Write to Austin Kilgore.

The author held no relevant investments.

Thursday, June 17th, 2010

The number of suspicious activity reports (SARs) from financial institutions related to foreclosure scams dramatically increased last year, according to a new report from the Financial Crimes Enforcement Network (FinCEN).

The report also noted that the type of foreclosure scams also evolved during the reporting period, which covered Jan. 1, 2004, through Dec. 31, 2009. FinCEN said foreclosure rescue scams increased substantially in the last eight months of 2009.

Just 28 suspicious activity reports generated by financial institutions related to loan modification and foreclosure scams in 2004. In comparison, more than 3,000 such reports of suspected foreclosure scams were filed in 2009 . The period reviewed by FinCEN encompassed the run-up in housing markets, the subsequent economic downturn, and the more recent government efforts to stabilize the housing market.

“The increase in reporting of suspected foreclosure rescue scam activity could mean that there is an increase in fraudulent activity, but it also reflects an increase in awareness among financial institutions of the fraud perpetrated,” said FinCEN Director James Freis Jr.

In addition to the increase in reported activity, the analysis shows that the nature of foreclosure rescue scams had shifted. Early SARs identified subjects purporting to be loan modification or foreclosure rescue specialists. These subjects targeted financially troubled homeowners with promises of help.

The scams involved the homeowners signing quit-claim deeds, and resulted in loss of equity in or title to their property. The scammers used straw borrowers, who misrepresented income, employment, or occupancy, or provided other fraudulent information to deceive a new lender into making a new mortgage loan.

The scams described in later SARs reflect an evolution into advance fee schemes, in which purported loan modification or foreclosure rescue specialists promised to arrange modification of a homeowner’s mortgage for more favorable repayment terms. Following receipt of large advance fees, scammers rarely, if ever, provided any service. A variation of the advance fee scam involved phony debt elimination programs in which the homeowners paid advance fees and were instructed to contact their lenders with specious assertions that the original mortgage debt was illegal.

The chart shows the top 10 metropolitan regions, ranked by the concentration of local subjects of all mortgage loan fraud SARs reported between Jan. 1, 2009, and June 10.

Location Subjects Rank
Miami-Fort Lauderdale-Pompano Beach, FL 5,029 1
Los Angeles-Long Beach-Santa Ana, CA 4,839 2
New York-Northern New Jersey-Long Island, NY-NJ-PA 3,447 3
Chicago-Naperville-Joliet, IL-IN-WI 2,973 4
Washington-Arlington-Alexandria, DC-VA-MD-WV 1,848 5
Riverside-San Bernardino-Ontario, CA 1,791 6
Phoenix-Mesa-Scottsdale, AZ 1,674 7
Atlanta-Sandy Springs-Marietta, GA 1,667 8
San Francisco-Oakland-Fremont, CA 1,364 9
Orlando-Kissimmee, FL 1,326 10

FinCEN, part of the Department of the Treasury, administers the Bank Secrecy Act. Its analysts research and analyze reports submitted under the Act. In addition, in the fall of 2009, FinCEN became a participant in the Obama Administration’s Financial Fraud Enforcement Task Force, which recently announced several major crackdowns on mortgage fraud.

Write to Kerry Curry

Thursday, June 17th, 2010

Bank of America, Freddie Mac and Wells Fargo are granting borrowers in the Gulf Coast region relief on their mortgage payments.

Freddie Mac forbearance policies allow its servicers to suspend a borrower’s mortgage payments for up to three months or reduce payments for up to six months. Based on the individual circumstances, borrowers can receive a forbearance for up to 12 months.

“We are instructing our servicers to work with borrowers with Freddie Mac-owned mortgages to extend forbearance of mortgage payments where appropriate to help them stay in their homes as they navigate through this financial hardship,” said Ingrid Beckles, senior vice president of default asset management at Freddie Mac.

BofA is working to develop assistance plans and programs to help its borrowers through the crisis, a spokesperson for BofA said. The bank developed similar programs following the hurricanes in 2005 and in other disaster situations in the US. Usually, disasters call for an initial 90-day forbearance of payments for BofA borrowers, and, like Freddie Mac, individuals needing more time will be handled on a case-by-case basis.

BofA is currently analyzing its portfolio of loans in the region and assessing the situation to determine what other specific needs may need to be addressed in a disaster assistance program for victims of the Gulf of Mexico oil spill.

Wells Fargo granted its borrowers affected by the Gulf Coast oil spill a 90-day foreclosure moratorium, according to a statement from the bank.

“We encourage customers affected by the Gulf events (loss of job or income) to reach out to us and work with our mortgage consultants on a one-to-one basis to determine the best options for their homeownership and financial needs,” according to Wells.

CitiMortgage, the servicing arm of Citigroup, and Fannie Mae announced foreclosure relief plans yesterday.

Write to Jon Prior.

The author holds no relevant investments.

Thursday, June 17th, 2010

Mortal that I am, I have been really confused about how US bank regulators — notably the Federal Reserve, Office of the Comptroller of the Currency and the Federal Deposit Insurance Corporation — coordinate when they make safety and soundness regulations for US banks. Confused enough to make fragmentation of US bank regulation – from the creation of the dual banking system through the apparent implementation of Basel II – the topic for my column in the upcoming July HousingWire magazine.

The exercise gave me a kind of framework for my confusion and answered some of my questions (as I hope it does for readers too, so get your subscriptions to the magazine in order). If nothing else, it reassured me that my confusion has an excuse – US bank regulation is a maze, Basel perpetual enhancement.

A couple of things particularly struck me, things I wanted to pursue a bit further. For one, although the financial media is now headlining the approach of Basel III, the US is way behind the other members of the Basel Committee on Banking Supervision in implementing Basel II, adopted back in 2005. Lagged them demonstrably.

Also striking is the fact that the US has only, thus far, adopted in regulation the complex and expensive approach to calculating risk-based capital requirements for banks that relies on banks own internal models (a.k.a. the advanced approach). A simpler, “standardized” approach to risk-weighted capital requirements, intended for less massive banks, was also part of Basel II, but has not been adopted in the US at all.

In fact, this “detail” is now lost on financial mediacrats, who use Basel II synonymously for internal model based approach (standardized approach relegated to oblivion). Even the US media branch seems to have forgotten that US regulators once toyed with a simplified version of the standardized approach, stripped of any charge for operational risk, dubbed Basel IA, but summarily dropped it when the advanced approach was approved in July 2007 (published November 2007). In June 2008 a Notice of Proposed Rulemaking (NPR) appeared, proposing to adopt the standardized approach, but there, as they say in westerns, the trail grows cold.

International banking bureaucrats haven’t forgotten though. Indeed, US difficulties with Basel II appear to be a bit of a scandal in international banking circles. This May, the IMF/World Bank Financial Assessment Program published the results of its examination of Basel II Implementation Preparedness in the United States.

Much as I did, frantically googling for the disposition of the June 2008 NPR, the Assessment Program found the standardized approach is still only a proposal in the US. “There was no indication from the authorities of their intention as to whether or when the proposal will be adopted,” the proposal states, or what alterations could be introduced. But then, the assessors were focused on implementation of the kinkier advanced approach.

The Assessment Program concluded that there is still “uncertainty in banks about the status of Basel II in the United States going forward.” Banks are apprehensive and no wonder. The Assessment Program adds, “Despite the leading role played by the United States in developing Basel II, considerable and protracted inter-agency disagreement delayed US implementation, and these interagency disagreements still do not appear to be fully resolved.”

Questions remain regarding such basic issues as “how the implementation will work in practice,” whether banks will ever be permitted to exit parallel runs or capital floors and “what, if any of the standardized approach will be implemented.”

For their part, the authorities indicated to the Assessment Program that “they are continuing to work domestically and with the Basel Committee to strengthen the Basel II framework, including issues associated with the use of internal models for determining capital requirements.”

Huh? It was Federal Reserve officials who were so enthusiastic about the technologies US banks were developing, along with the introduction of new financial instruments and derivatives, during the 1990s to measure, price and manipulate risk. The banks convinced them the existing risk-weighting system was too arbitrary, required more capital than their models indicated was economic.

Converted, the Fed believed using model-based approaches to calculate capital requirements would induce banks that had the models to improve them and deepen their risk management infrastructure, while their example would induce banks that did have internal models to develop them. The same Fed led the push in the Basel Committee to use those models to determine risk-based capital requirements. The expectation was that capital requirements would fall a bit, but they would be, item by item across a bank portfolio, far more precise and robust.

Now, at least twelve years after convincing the G-10 (subsequently the G-20 plus 7) that their biggest, systemically most important banks should use their own models to determine capital requirements, the Fed has issues? Problems that weren’t noticed in the half a decade it took to develop Basel II? (Well, the Assessment program simply identifies “agencies” but if we’re talking about banking groups, the primary regulator would be the Fed.)

That’s not an irony, that’s a comedy. Which isn’t a bad thing – classic comedy is built from misunderstanding, error, reconciliation. Comedies have happy endings because the protagonists wise up.

In this case, the lessons learned may be those taught by the financial crisis about excessive reliance on models as well as on assets built and risk-rated by models.

NOTE: Linda Lowell writes a regular column, called Kitchen Sink, for HousingWire magazine.

Editor’s note: Linda Lowell is a 20-year-plus veteran of MBS and ABS research at a handful of Wall Street firms. She is currently principal of OffStreet Research LLC.

Thursday, June 17th, 2010

Government-sponsored enterprise (GSE) Fannie Mae (FNM: 0.00 N/A) said today it will begin forbearing on borrowers affected by defective drywall.

The GSE will direct its servicers to provide up to six months of mortgage loan forbearance on qualifying borrowers under Fannie's "unusual hardships" policy.

"This relief is intended to help borrowers who need payment flexibility as they take steps to mitigate problems with problem drywall," said Fannie executive vice president Terry Edwards, in a statement. "The issue potentially affects thousands of homeowners in a number of states, and we want to support those who are responsibly trying to honor their mortgage obligation in good faith while correcting the problem and protecting the health and safety of their families."

Defective drywall was found to be imported in large quantities and used by some homebuilders and contractors during the housing boom and after the Gulf Coast hurricanes in 2005. The defective drywall has been linked to possible health effects in coastal states like Louisiana and Florida and has been reported to cause corrosion of electrical wiring, appliances, heating and air conditioning systems and other fixtures.

Fannie servicers will be required to document and evaluate each borrower's circumstances on a case-by-case basis, and order a property inspection to confirm the problem drywall. When a servicer determines the problem drywall constitutes an unusual hardship that affects the borrower's ability to continue making mortgage payments, the servicer may offer forbearance terms initially for no more than six months.

The GSE will also direct servicers to minimize the credit impact for eligible borrowers. For a borrower who is current when the forbearance is granted, the servicer will report as "current but on a modified payment."

Write to Diana Golobay.

Disclosure: the author holds no relevant investments.

Thursday, June 17th, 2010

Before the recession, people simply looked for a house to buy. Later they got squeamish just thinking about buying. Now they are on a quest for perfection at the perfect price.

Exacting buyers are upending the battered real estate market, agents and other experts say, leading to last-minute demands for multiple concessions, bruised feelings on all sides and many more collapsed deals than usual.



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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