RSS Twitter

Archive for June, 2010

Thursday, June 17th, 2010

Mortgage spreads to Treasury notes widened out somewhat from recent lows following the withdrawal of the Federal Reserve from its $1.25trn mortgage-backed securities (MBS) purchase program, although it was not the fallout some analysts expected.

The June 2010 outlook from PMI Mortgage Insurance Co., the principal operating subsidiary of The PMI Group (PMI: 0.00 N/A), suggests part of this widening may have little to do with the absence of demand and more to do with a broader economic flight-to-quality.

The spread between 30-year fixed-rate mortgages (FRMs) and 10-year Treasury notes historically moved in a band of around 100 to 200 basis points (bps). In times of financial stress, mortgage spreads will blow up to more than 400 bps over Treasurys. By the end of 2008, PMI noted, mortgage-Treasury spreads shot up to around 300 bps, putting upward pressure on mortgage rates and bringing down demand.

In response, the Fed began its agency debt- and MBS-purchase programs, which pulled in spread sharply to around 120 bps by the end of April 2010. But questions remained over whether the withdrawal of the Fed's demand would cause spreads to widen out again. Analyst expectations ranged from a widening of zero to more than 100 bps, with PMI's own estimate coming in at 25 bps of widening.

About a month after the Fed's program ended, spreads were up by about 45 bps, partially due to a flight-to-quality unrelated to the Fed's program, according to PMI. But a coordinating rise in triple-A corporate spreads — which rose about 25 bps over the same period — indicates forces other than the end of the Fed's MBS demand are driving spreads higher:

"Removing that [25-bps rise] from the increase in mortgage spreads leaves about 20 bps as the impact of the Fed's MBS purchase program's cessation," writes PMI chief economist and strategist David Berson. "Not only is this estimate on the lower end of the range but mortgage rates have been declining over the past month in reaction to the general flight-to-quality."

"Yields on 30-year FRMs have slipped by around 25 bps since the Fed's program ended — but they might have fallen by about 45 bps if the Fed's program were still in place."

Additionally, spreads between conforming and jumbo 30-year FRMs typically has been around 10-40 bps, but ballooned to more than 150 bps during the financial crisis. Over the past year, however, the jumbo-conforming spread dropped sharply to around 70 bps at the end of May. Berson warned the spread decline may overstate the scale of improvement in the jumbo mortgage market.

"While the jumbo mortgage market may be better functioning than it was over 2008-2009, it still lacks the liquidity to allow for a full recovery in the upper-end housing market," he wrote. "The recent successful (if small) private label MBS sale by mortgage REIT Redwood Trust is a positive sign, but it is just the first step in a long journey of recovery for the jumbo mortgage market."

Write to Diana Golobay.

Disclosure: the author holds no relevant investments.

Thursday, June 17th, 2010

Mortgage rates didn't drop this week, but stayed below 5% for the fifth consecutive week.

The Freddie Mac (FRE: 0.00 N/A) weekly survey put the average rate for a 30-year fixed-rate mortgage (FRM) at 4.75% with a 0.7 origination point for the week ending June 17, up from last week's average rate of 4.72%. A year ago at this time, the 30-year FRM average 5.38%.

The Bankrate weekly survey of large banks and thrifts put the average rate for a 30-year FRM at 4.88% with a 0.48 origination point, level from last week's average. One year ago, Bankrate put the average rate for a 30-year FRM at 5.76%.

The average rate for a 30-year FRM in Bankrate's 25-year-old rate survey has only been below 5% five times, all during the past five weeks.

“Mortgage rates were little changed this week amid preliminary signs that the expiration of the homebuyer tax credit in April may have led to a slowdown in new construction,” said Frank Nothaft, Freddie Mac vice president and chief economist.

“Nonetheless, household balance sheets have been improving over the past four quarters. In aggregate, households gained $6.3trn in net worth in the first quarter from a year ago, according to the Federal Reserve," Nothaft added. "In addition, homeowners have regained $1.1trn in home equity over the same time period.”

Freddie said the 15-year FRM averaged 4.2% with an average 0.7 point, up from last week when it averaged 4.17%, but down from last year, when it averaged 4.89%. Bankrate put the average rate for a 15-year FRM at 4.32% with a 0.48 origination point, down from last week's average of 4.33%. A year ago, the 15-year FRM averaged 5.76%.

Freddie said the five-year Treasury-indexed hybrid adjustable-rate mortgage (ARM) averaged 3.89% with an average 0.7 point, down from last week's average of 3.92% and a year ago when it averaged 4.97%. It's the lowest average rate for five-year ARMs since Freddie began tracking the product in January 2005. Freddie also put the average rate for a one-year Treasury-indexed ARM 3.82% with a 0.6 origination point, down from last week's average of 3.91% and a year ago, when it averaged 4.95%. It's the lowest average rate since May 2004, when it averaged 3.76%.

Bankrate put the five-year ARM at 4.19% with a 0.48 origination point, up from last week's average of 4.22%.

Write to Austin Kilgore.

The author held no relevant investments.

Thursday, June 17th, 2010

Senators passed an amendment to the proposed American Jobs and Closing Tax Loopholes Act of 2010 that aims to give an estimated 180,000 prospective first-time homebuyers enough time to close on a purchase and qualify for federal tax incentives.

The bill — House Resolution 4213 — passed the House vote in December and moved through the Senate Committee on Finance in March. The amendment, sponsored by Sen Harry Reid (D-NV), that passed yesterday extends the homebuyer tax credit by three more months.

"The first-time homebuyer tax credit was an extremely popular and successful program that has helped Americans purchase homes and given a boost our economy," Reid said in a statement. "Because of this program's popularity and the time it takes to complete transactions such as short sales, I led the effort today to extend the closing deadline for this tax credit through September of this year — allowing lenders more time to clear a backlog of 180,000 potential homebuyers nationwide."

Under the tax credit's current deadline, qualifying purchases that were under contract by April 30 must close by June 30. Under the Reid's amendment, that closing deadline would be pushed to Sept. 30, 2010 in an effort to ensure the qualifying sales can close.

Reid is joined in his effort by amendment co-sponsors Sen Christopher Dodd (D-CT) and Sen Robert Mendendez (D-NJ).

Senators voted on Wednesday 60-37 in favor of the Reid amendment. At the same time, they voted against a similar amendment by Sen Johnny Isakson (R-GA) that would also have extended the closing deadline for the first-time homebuyer tax credit.

According to a spokesperson with Isakson's office, the only difference between the amendments involved the method of paying for the tax credit extension. Isakson's amendment opted for unused stimulus funds from the $787bn Recovery Act passed in 2009. Reid's amendment, the spokesperson said, would have paid for the tax credit extension through eliminating the tax deductability of punitive damages.

A spokesperson for Reid's office did not return requests for comment.

Write to Diana Golobay.

Wednesday, June 16th, 2010

The Home Affordable Modification Program (HAMP), which so far falls short of expectations for completed modifications, is likely to display similar re-default trends seen in other modification programs, according to Fitch Ratings.

In a structured finance special report today, analysts at the credit-rating agency noted that residential mortgage-backed securities (RMBS) servicers have stepped up loss mitigation resolutions, with modifications accounting for 70% of all mortgage workouts.

As of May 2010, Fitch noted that roughly 15% of non-agency RMBS loans by balance — including nearly 35% of RMBS subprime loans — received at least one modification. This is up from 10% and 25% respectively in September 2009.

Fitch currently expects anywhere from 55% to 75% of modified loans within RMBS to re-default after 12 months.

"Fitch continues to believe that, when properly done, modifications can benefit both homeowners and RMBS investors," analysts wrote. "However, modification performance or sustainability continues to be affected by the borrowers’ desire to keep their property, as well as having sufficient cash flow to make the modified payments."

HAMP, which provides incentives for servicers that modify mortgage payments to within 31% of the borrower's debt-to-income ratio, is structured to maintain a borrower's cash flow and ability to remain current on payments, Fitch said. But existing modification programs with similar guidelines show substantial re-default behavior.

The agency projects 65-75% of modified subprime and Alt-A loans, and 55-65% of modified prime loans, will redefault within 12 months of modification, including redefaults on already re-modified loans. The below illustrates historical re-default trends among private-label RMBS, not including loans receiving subsequent modifications:

Additionally, roughly 15% of all modified private-label RMBS loans receive additional modifications. For example, of all modifications performed in Q109, 18% were since re-modified, with another 6% liquidated at a loss since modification.

"It is apparent that structuring the modified payment so the borrower can afford to make the payment over a sustained timeframe is a key to success," analysts said. "Additionally, with the current home value of many borrowers putting them in a negative equity, or underwater status, many argue that principal reductions would materially increase the sustainability of modifications."

"Recent changes to HAMP modifications, which have introduced the potential for principal write-down, represent the administration’s efforts to address this situation."

The Principal Reduction Alternative (PRA), detailed by the Treasury Department in recent guidance, provides services with a new tool to complement HAMP. The PRA program addresses negative equity and could be used to reduce HAMP re-defaults, as the occurrence of re-defaults in rate and term modifications is historically higher than that of principal reduction, according to Deutsche Bank.

Write to Diana Golobay.

Wednesday, June 16th, 2010

Fannie Mae (FNM: 0.00 N/A) today authorized its servicers to immediately suspend or reduce mortgage payments for borrowers whose properties or income are negatively impacted by the ongoing crude oil spill off the Gulf of Mexico.

"We want to give homeowners every opportunity to weather this unprecedented disaster, including relief from their mortgage payment if that will help them get back on their feet and stay in their homes," said Fannie president and CEO Michael Williams, in a statement. "Our policy is in place to support those who are experiencing a disaster-related hardship through no fault of their own and are acting in good faith to meet their mortgage obligation."

Servicers may suspend or reduce a borrower's payments for up to 90 days under the Fannie "Special Relief Measures" policy. While payments are suspended, the servicer can determine the nature and extent of the impact the disaster is having on the condition of the property or on the borrower's financial condition.

Once that assessment is complete, servicers can evaluate the appropriate loss mitigation alternative based on a case-by-case determination, including an additional three months of forbearance, a loan modification or other customized solution.

Write to Diana Golobay.

Disclosure: the author holds no relevant investments.

Wednesday, June 16th, 2010

For the long suffering shareholders of the GSEs, Fannie Mae and Freddie Mac, the news of the FHFA directive to delist from the NYSE and other exchanges likely feels like the last nail in the coffin.

For them, it just might be. But for mortgage finance it's proving to be little more than a distraction.

To use the words of Bert Ely, of the monetary consultancy firm Ely & Company: "It's no big deal."

Ely has been fending off calls from journalists all day trying to get him to say otherwise, but he won't mince his words.

"It's fiction that these shares have any real value anyway," he said. "It was a pipedream that the government would stand next to the preferred shares, much less common ones."

In looking over quarterly reports Ely notes that the senior preferred (read: Fed money) is only slightly more than the net worth. This is indicative of a mortgage finance company with no real equity.

In essence, and let's be honest here, considering the GSEs are often positioned as an instrument of political housing policy, what really matters is not the wider bid-ask we'll see on the back of this announcement. And yes there will be less trading and therefore less liquidity.

But what really matters here is the ability of the GSEs to continue to sell mortgage-backed securities (MBS).

"FHFA's announcement prominently featured a disclaimer the decision doesn't mean anything about the companies, but most observers would disagree," wrote Jim Vogel in a note from FTN Financial, adding the firms will continue to file with the SEC.

"The spin of several recent FHFA announcements and decisions actually more closely aligns GSE liabilities — both debt and MBS — with the federal government's policy interests," Vogel adds. "It's an odd way of showing support, perhaps, but it's the better of two possible interpretations."

And that is exactly with what we are left with: interpretation.

Case in point, in an outlook report released by Deutsche Bank today, a huge problem confronting the Agency MBS space is regarding fails, that is, when securities that are supposed to be delivered or received on a given date are not actually delivered or received.

Pankaj Jha, residential MBS analyst at Deutsche writes that fails undermine the smooth functioning of the MBS market, creating headaches for investors and dealers, if not always losses.

The problem is that GSE fails are at an all time high with no signs of abatement:

Even more worrying is Jha's point that, "it is important to realize that one fail will ordinarily set off a chain of fails. A fail problem is rarely confined to one dealer failing to another dealer or customer."

Today's announcement of course would seem to have nothing to do with problems such as these. But it's clear that the effort to distract did not go unnoticed.

As Vogel puts it, the "various legislative feints and thrusts to "close down" the GSEs are supported in part by the market's treatment of the two as viable economic entities. Moving the stock quotes to the OTC market might make the whole mess less obvious."

Agreed. But the real situation is this: the GSEs are nationalized. And the new owners have no real idea of what to do with them.

That's the challenge of the day, not delisting.

It's a challenge that so far is getting plenty of discussion, but no real solution.

Jacob Gaffney is the editor of HousingWire and HousingWire.com. Write to him.

Wednesday, June 16th, 2010

CitiMortgage, the servicing arm of Citigroup (C: 30.87 +1.61%), will suspend foreclosures in coastal areas affected by the oil spill in the Gulf of Mexico.

After the April 20 explosion on the Deepwater Horizon drilling rig leased by British Petroleum, between 35,000 and 60,000 barrels a day are flowing into the Gulf of Mexico, according the latest figures from the Obama Administration.

The suspension will last three months and will go into effect June 17 and end Sept. 17. All foreclosure sales and evictions on REO properties will halt in the region during that time. The foreclosure suspension affects borrowers occupying homes in ZIP codes within roughly 25 miles of the coastline including Louisiana, Mississppi, Alabama and the Gulf Coast of Florida. It would total 515 counties, according a Citi spokesperson.

Vikram Pandit, CEO of Citi, said the initiative aims to help residents in effected areas concentrate on more urgent matters.

“In the midst of this crisis, we will continue to explore ways to help people avoid foreclosure so they and their families can remain in their homes and have one less thing to worry about,” Pandit said.

Citi reported 900,000 borrowers have avoided potential foreclosure since 2007 through its variety of other assistance programs.

Write to Jon Prior.

The author holds no relevant investments.

Wednesday, June 16th, 2010

The former chairman of failed mortgage lender Taylor, Bean & Whitaker (TBW) was arrested last night and charged for his alleged role in a nearly $2bn scheme that ultimately led to the failure of TBW and Colonial Bank in August 2009.

The Department of Justice (DOJ) said Lee Bentley Farkas was taken into custody on June 15 in Ocala, Fla. on a 16-count indictment. Charges include one count of conspiracy to commit bank, wire and securities fraud; six counts of bank fraud; six counts of wire fraud; and three counts of securities fraud. The indictment also seeks approximately $22m in forfeiture from Farkas, the DOJ said in a press statement. The indictment was unsealed in the US District Court for the Eastern District of Virginia.

In a related action, the Securities and Exchange Commission (SEC) filed an enforcement action against Farkas in the Eastern District of Virginia.

The most recent parts of the fraud scheme allegedly occurred in the months leading up to the failure of TBW and Colonial, when Farkas allegedly used a bogus equity investment into Colonial Bank to defraud the Troubled Asset Relief Program (TARP) of $550m. But the indictment claims Farkas and his co-conspirators began using its relationship with Colonial Bank to cover up TBW losses as early as 2002.

"This alleged fraud scheme is an example of the damaging and destabilizing impact financial crimes can have on our nation’s financial institutions. Individuals and companies that violate the law in a reckless pursuit of profits must be held accountable for their crimes," said assistant attorney general Lanny Breuer.

Farkas is accused of overdrafting TBW accounts at Colonial Bank to cover TBW cash shortfalls, which were covered up by transferring money between different Colonial Bank accounts. These overdrafts reached as high as tens of millions of dollars, the DOJ said.

At that point, Colonial gave TBW more than $400m to purchase what the DOJ asserts were fake mortgage loan assets, including loans that TBW had already sold to other investors and fake interests in pools of loans. While Colonial held the assets on its books at face value, in reality, they were worthless, the indictment contends.

A series of sham transactions were also allegedly used to hide impaired-value loans that TBW couldn't sell on Colonial Bank’s books, sometimes for a period of multiple years.

Other alleged misappropriation of funds occurred with Ocala Funding, a TBW-controlled asset-backed commercial paper (ABCP) program that served as a conduit to provide warehouse funding to originate residential mortgages.

According to the indictment, Ocala Funding sold ABCP to financial institution investors, including Deutsche Bank and BNP Paribas Bank, but did not maintain the proper collateral levels, which were required to be cash and/or mortgage loans at least equal to the value of outstanding commercial paper.

Instead, cash from Ocala Funding was used to cover TBW operating losses, creating significant deficits in the amount of collateral Ocala Funding possessed to back the outstanding commercial paper, which was itself allegedly covered up by leading the investors to falsely believe that they had sufficient collateral backing the commercial paper they had purchased, the DOJ said.

By August 2009, Deutsche Bank and BNP Paribas Bank held approximately $1.68bn in Ocala Funding commercial paper that had only approximately $150m in cash and mortgage loans collateralizing it. When TBW failed, the banks were unable to redeem their commercial paper for full value.

To perpetrate the fraud, Farkus and his co-conspirators caused Colonial Bank's parent company, Colonial BancGroup, to file materially false financial data with the SEC in its quarterly and annual reports, the SEC claimed in its action. Those false disclosures included overstating the value of mortgage assets. The SEC also claims TBW submitted false information to Ginnie Mae in order to extend its ability to issue Ginnie Mae mortgage-backed securities (MBS).

In addition to those allegations, the DOJ said Farkas also attempted to convince the federal government to give Colonial Bank $550m in TARP funds.

The indictment claims Colonial BancGroup applied for TARP funds using false information related to mortgage loan and securities assets it claimed Colonial Bank held. Based on that information the Treasury Department approved the disbursement of TARP funds, on the condition that Colonial BancGroup raise $300m in private capital.

To make it seem that Colonial BancGroup had fulfilled this requirement, Farkas and his co-conspirators placed $30m in escrow, claiming it was investor payments, when in reality, the DOJ said, Farkas and another co-conspirator allegedly diverted $25m of the escrow amount from Ocala Funding.

In addition, the bank issued a press release claiming it was going to receive the TARP funds, sending its stock price up 54% in two hours, the largest one-day price increase for the stock since 1983. But ultimately, Colonial BancGroup never received the TARP funds, the DoJ said.

"Today’s indictment describes an unprecedented scheme by executives at two large financial institutions to steal more than $550 million from the American taxpayer," said Neil Barofsky, special inspector general for the TARP (SIGTARP). "This scheme was stopped dead in its tracks, taxpayers were protected, and Lee Farkas has joined the growing list of financial industry executives who have been charged with TARP-related frauds."

The first arrest and indictment of a person accused of TARP fraud came in March, when Charles Antonucci, Sr. was arrested just days after The Park Avenue Bank, where he was once president, failed.

In addition, Farkas is accused of personally misappropriated more than $20m from TBW and Colonial Bank.

The charges carry a maximum prison sentence of 30 years for the conspiracy charge and for each count of bank fraud. The maximum prison sentence for each count of wire fraud related to TARP is 20 years and for each count of wire fraud affecting a financial institution is 30 years. Farkas also faces a maximum sentence of 25 years in prison for each securities fraud count.

The investigation and indictment are the result of collaboration of the multi-agency Financial Fraud Enforcement Task Force convened by President Obama.

Before their respective failures, TBW was one of the largest privately held mortgage lenders in the country and Colonial was one of the 50 largest banks in the country. The combined failure of the two entities has a wide-reaching impact, including a court ruling that set new standards for how much power the Federal Deposit Insurance Corp. (FDIC) has to dispose of failed bank assets.

Attempts to reach Farkas' lawyer were unsuccessful.

Write to Austin Kilgore.

Wednesday, June 16th, 2010

Efforts to reform US banking after the worst financial crisis since the Great Depression fall short because they don’t empower risk managers, according to Cliff Rossi, who held that job at three of the country’s largest mortgage lenders that helped fuel the housing boom.

Wednesday, June 16th, 2010

New home sales were down 27% in May, according to a John Burns Real Estate Consulting (JBREC) survey of builders.

According to the monthly report, net sales per community were 1.35 units per community, down from last month's 1.84 units per community. Builders also reported a decline in new housing starts in eight of 10 regions, as builders felt little hurry to start more homes. This echoes the results of a government report that showed the seasonally adjusted annual rate of housing starts declined 10% in May.

According to John Burns, CEO of the Irvine, Calif.-based firm conducting the survey, it's an expected drop that came after the end of the homebuyer tax credit deadline.

"This isn’t a crash,” Burns said. “This is exactly what we thought would happen. Many of the home buyers who would have bought in May, purchased in April instead because of the tax credit."

The survey also reports that builders are in for a tough few months as traffic — a leading indicator of future sales — is down. Not only that, builders that provided commentary to JBREC complained about the "poor quality" and "lack of urgency" in potential buyers.

The survey gauged perceptions of 236 home building executives from 88 markets that reported on conditions in more than 1,900 communities.

Builders reported a decline in backlogs, the result of slower sales. Nationally, builders expect a 22% decrease in backlogs. While sales declined 34% in Texas, the most of any state, prices are also going up, the survey reported. South Florida is also seeing an increase in prices for new homes. However, most other regions experienced small price declines.

“Thus far, the price correction has been only minor. Falling mortgage rates, great affordability and positive job growth will build demand back up," Burns said. "The real question has to do with how many distressed homes will be dumped on the market. Those numbers are rising.”

Write to Austin Kilgore.



Origination/Lending
Kenneth Bacon, executive vice president of the Fannie Mae multifamily mortgage business, is retiring after 18 years at the mortgage...

Read More »

Servicing/Default
The serious delinquency rate for Federal Housing Administration mortgages reached 9.6% in December, the highest level in more than two...

Read More »