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Archive for July, 2010

Friday, July 30th, 2010

The country's largest publicly traded real estate company may have lost its bidding war for a troubled mall real estate investment trust (REIT) earlier this year, but Simon Property Group (SPG: 136.69 +0.12%) reported profits topping the $150m mark in Q210.

Simon said its Q210 net income was $152.5m, $0.52 per diluted share, up from net income of $147.2m, or $0.51 per share, in Q110 and a net loss of $20.8m, $0.08 per diluted share, in Q209.

Chairman and CEO David Simon attributed the gain to improvement in business conditions, including higher occupancy rates and higher sales in Simon's commercial real estate. Simon Property is the country's largest owner of shopping malls. He said that sales at the company's malls and Premium Outlets rose 4.9% compared to the same period in 2009 and grew 90 basis points from Q110.

Simon's major capital gains for the first two quarters of 2010 included a purchase of an outlet mall in Puerto Rico and an increase in ownership interest in the Houston Galleria, a cash expenditure of $1.5bn. The quarterly report stated an increase of 19% ownership in the Houston Galleria to 50.4% of the entire establishment.

Earlier this year, Simon and Brookfield Asset Management (BAM: 30.40 -0.59%) were involved in a heated bidding war over General Growth Properties (GGP: 15.96 +0.19%), the country's second largest owner of shopping malls that filed for the largest bankruptcy in US history in April 2009. The bidding war began in February, with Brookfield eventually emerging as the victor in May.

BAM releases its Q210 earnings on August 6, but Brookfield Properties Corp. (BPO: 17.47 -0.80%), a publicly traded subsidiary of Brookfield Asset Management that owns, manages and develops office towers in markets across North America, reported a Q210 net income of $154m or $0.28 per diluted share, a decrease of 39% from $252m or $0.48 per diluted share in Q110.

The company reported an investment gain of $53m from repayment a loan purchased at a discount and secured by the equity in a portfolio of office properties in the Washington, DC area, of which it owned 51%. Brookfield said it expanded commercially and residentially, leasing 1.3m square feet of space, 66% of which are renewal leases, in Toronto (489,000 sq. ft.), Calgary (299,000 sq. ft.), Los Angeles (223,000 sq. ft.) and New York (100,000 sq. ft.). The report boasted acquiring the remaining 50% ownership interest in 77 K Street in Washington, DC for an estimated $38.6m or $237 per sq. ft.

Write to Christine Ricciardi.

The author held no relevant investments.

Friday, July 30th, 2010

Barclays Capital joined the chorus of voices suggesting that a government-sponsored wave of mortgage refinancing is unlikely.

Recent record-low mortgage rates have sparked fears amongst investors that a government-driven refinancing wave would boost prepayment speeds back to 2003 levels. Such a financial policy shift would face significant logistical challenges, according to Credit-Suisse and JP Morgan.

BarCap took a similar stance in tempering investor fears and optimism as “it is unlikely that the Fed will be willing to change the composition of its balance sheet on a whim, especially if the economic savings are not big.”

For any refi program to be a success, any risk from government-sponsored enterprises (GSEs) buy-backs would have to be waived as incentives for originators, according to BarCap. This perceived “back-door” bailout would cause some policymakers to hesitate with the future of the GSEs up for discussion in September.

"And if policymakers truly did want to focus on boosting refinancing, why wait until now?" the analsysts asked in the report. "Economic conditions were far worse at this point last year, and premium dollar prices were still high."

And according to BarCap political analysis, waiving underwriting to increase refinancing would not be consistent with other government initiatives. The Department of Housing and Urban Development (HUD) is tightening standards on loan-to-value ratios and FICO standards, and the Federal Housing Administration (FHA) has proposed to prohibit sub-500 FICO borrowers.

“[A]t least for now, the MBS market seems to have gotten excited over this idea with very little justification,” according to the report.

Write to Jon Prior.

Friday, July 30th, 2010

All I can say is, thank God.

Since the start of the HVCC, I have lost all my accounts, some I’ve had for over 20 years.

I have been appraising residential properties since 1985 in the state of New Jersey, and my business is down about 78%, maybe more. Why do I have a license? Why do I have over 700 hours in continuing education?? I feel like I have wasted the last 25 years in this profession.

This has not been fair. The appraisal management companies (AMC) are getting all the work. The professional real estate appraisers are being left out, and why?

It’s all about the fees. The management companies get the appraisers to do the appraisal report for $195 or $250 a piece, and then they keep the rest. How is this fair? How is this right? And for doing what?

Most management companies take about 60 to 70 days to pay for an appraisal. How is that right? The consumer pays more for it and then gets a non-professional to do it.

You should have seen the appraiser that was at my house this past year. First, he was about two hours late for the appointment. He couldn’t measure the house. He couldn’t draw a floor plan, and he missed comparables in the area.

What was my recourse? Nothing. They hide behind the HVCC.

Well, 90 days, that’s all I have left.

[The views of this New Jersey-based appraiser are not indicative of the views of HousingWire editorial staff. Do you disagree with it? Email the editor.]

[Editor's Note: the Home Valuation Code of Conduct is ending 90 days after the Dodd-Frank Act was signed into law.]

Friday, July 30th, 2010

Last week, the credit union industry's federal regulator warned executives to be prepared to pay supplemental assessments for deposit insurance. This week, the National Credit Union Administration (NCUA) said it's tightening its own belts, cutting its operating budget by 8% and providing some relief to the fees the industry pays to fund the agency.

The news comes as the NCUA continues its three-day-long monthly board meetings this week. The agency also announced television personality and finance advisor Suze Orman will serve as a spokesperson for the NCUA, promoting consumer confidence in credit unions and proposed a rule preventing executives at failing credit unions to receive so-called "golden parachute" compensation plans.

During a scheduled meeting of the NCUA board, the agency announced it was operating 8% below its originally budgeted levels during the first half of 2010, and as a result, NCUA chairman Debbie Matz said the 2010 budget will be reduced by $2m. As a result, the federal credit unions that pay operating fees to support the NCUA will see their annual fees decrease in 2011.

The $2m is a drop in the bucket compared to the $132m the credit union industry already paid this year in supplemental assessments to keep the National Credit Union Share Insurance Fund (NCUSIF) capitalized. Nor will it make up for the additional assessments that will come later this year if the fund dips below the Congressionally mandated operating equity ratio of 1.2%, as Matz projected will happen by summer's end. But the chairman said the agency she runs is trying to provide any relief it can to members, while promoting the credit union industry.

In warning of the future assessments, Matz told members of the National Association of Federal Credit Unions (NAFCU) — whom she previously served as a board member — that the level of assessments on credit unions is a direct result of the decisions executives and board members make in conducting their businesses.

“We are well aware that credit unions are under enormous pressure to generate positive earnings this year,” Matz said in a press statement released in conjunction with Friday's closed board meeting. “This is particularly difficult at a time when credit unions are paying assessments, which are required to cover other credit unions’ losses. So we have done our due diligence to ensure that any new item in the budget will be a prudent use of agency resources and credit union funds.”

Combined spending by the NCUA's central and regional offices through the first half of 2010 was about $91.6m. The agency is now projected to spend nearly $199m for all of 2010. The agency employs just more than 1,100 full time, or equivalent employees, and vacant positions accounted for most of the cost savings. In addition, the agency cut costs on some programs and reallocated funds to other initiatives.

The advertising campaign featuring Orman is one such program. The campaign will focus on the federal share insurance program to promote consumer confidence in the credit union industry. Orman will be featured in television, radio, print and companion advertisements. It is projected to cost $1.7m and begin in September.

“All of you who have seen ‘The Suze Orman Show’ on CNBC know that Suze really lights up the screen. She comes on the air with amazing energy and tremendous passion,” Matz said. “When she speaks directly to consumers, she serves as their trusted financial advisor. She makes complex financial issues sound perfectly clear.”

The board also released a proposed rule preventing golden parachute payments to executives at troubled credit unions chartered by the federal government. The NCUA defines these payments as those made to an executive "that are contingent on the termination of that person’s employment and received when the credit union making the payment is troubled, undercapitalized, or insolvent."

The rule also prohibits credit unions from paying legal fees or other costs associated with an individual employee's participation in an administrative hearing that results in fines or other punitive actions. The proposed policy is virtually identical to one enacted in 2009 that applies for corporate, or central, credit unions — the so-called "credit unions for credit unions" that provide loan liquidity, check and ATM processing and other administrative services to state- and federally-chartered institutions.

The proposed rule comes as the number of troubled credit unions is on the rise, up 31% to 2,100 in 2010, compared to 1,600 three years ago.

Write to Austin Kilgore.

Friday, July 30th, 2010

BNY Mellon Corporate Trust (BK: 20.23 +1.15%) launched a new eVault service for its clients to receive, process and store electronic mortgage documents.

The service is the latest in the industry to provide deliver and secure storage for electronic documents. Xerox (XRX: 7.88 +0.38%) has its own MERS-compatible eVault system, introduced earlier this year.

BNY Mellon Corporate Trust is the corporate brand for The Bank of New York Mellon. The company said transforming paper-based processes into an all-electronic one boosts efficiency, creates transparency for participants to see data and exchange information and eliminates delays that come with physically mailing documents and manually entering data into computer systems allows faster delivery to the secondary market.

“We’re excited to be redefining the role of a document custodian through our introduction of eVault, a service that changes how mortgage documents are generated and handled,” Rick Stanley, executive vice president and head of structured credit at BNY Mellon Corporate Trust, said in a press statement. “Documents no longer have to be printed on paper to be signed, and they don’t have to be manually shipped or physically stored. By making the mortgage process fully electronic, eVault allows lenders to reduce their costs through automation.”

The eVault system integrates with the Mortgage Electronic Registration Systems (MERS), an industry-led initiative to identify and track individual mortgages and related information electronically.

“By using electronic commerce, eVault eliminates paper and helps streamline the mortgage process, which is one of the goals of MERS,” Stanley added.

The backbone of the BNY Mellon's service is a system created by eSignSystems, a division of Wave Systems (WAVX: 2.37 -3.66%). BNY Mellon services $12trn in outstanding debt from 61 locations in 20 countries, with clients including governments and their agencies, multinational corporations, financial institutions, among others. Services include debt trustee; paying agency, escrow and other fiduciary offerings; processing principal and interest payments for investors; representing investors in defaults and providing value-added services for complex debt structures, the company said.

Write to Austin Kilgore.

The author held no relevant investments.

Friday, July 30th, 2010

Investment bank FBR Capital Markets (FBCM: 0.00 N/A) executive vice president and head of institutional brokerage, Jonathan Billings, retired this week as the bank reported a loss of $25.8m, or $0.41 per diluted share, for Q210.

His departure was announced, without further explanation, in a filing with the SEC. A source at FBR confirmed to HousingWire that Billings is retiring, but could not elaborate on the reasons or circumstances.

Billings served FBR as the head of institutional brokerage.

The company's pre-tax core operating loss narrowed to $2.8m for the Q210, compared to a pre-tax core operating loss of $12.3m this time last year.

The quarterly results compare to a pre-tax loss of $21.6m and a net after-tax loss of $21.7m, or $0.40 per diluted share, for the second quarter of 2009.

Expenses at FBR included $5m of stock-based compensation and $4.3m in severance expenses.

Write to Jacob Gaffney.

Disclosure: the author holds no relevant investments.

Friday, July 30th, 2010

The Federal Reserve Board of Governors today raised the dollar amount of mortgage fees that triggers mortgage disclosure requirements under the Truth in Lending Act and the Home Ownership and Equity Protection Act of 1994 (HOEPA).

The Fed raised the trigger 2% to $592, from the current $579, beginning in January 2011. The trigger amount is now 48% higher than the $400 originally set by HOPEA in 1994.

HOEPA restricts credit terms such as balloon payments and requires additional disclosures when total points and fees payable by the consumer exceed the fee-based trigger (initially set at $400 in 1994 and adjusted annually) or 8% of the total loan amount, whichever is larger.

Beginning in 2011, if a borrower is charged more than $592 in mortgage points and fees, the lender is required to disclosed credit terms.

Every year the Fed adjusts the dollar amount that triggers disclosure requirements. This "trigger," which aims to increase transparency of fees charged to mortgage borrowers, is based on the annual percentage change reflected in the Consumer Price Index.

Write to Christine Ricciardi.

Friday, July 30th, 2010

A pair of key senators on Thursday urged President Barack Obama to name a permanent regulator for Fannie Mae and Freddie Mac, the mortgage finance giants seized by the government almost two years ago at the height of the financial crisis.

Friday, July 30th, 2010

US commercial real estate purchases may slump later this year as prices rise and lenders require buyers to put more cash into deals, said Inland Real Estate Group Inc. Vice Chairman Joe Cosenza.

A "double-dip" in the commercial real estate market may come as soon as September when lenders "start seeing these high prices and say, 'Wait a minute, we just came through this,'" Cosenza said today.

Friday, July 30th, 2010

LNR Property Corp., a large commercial real-estate company controlled by Cerberus Capital Management, recapitalized its balance sheet by issuing $417m in new equity to a group including Vornado Realty Trust, iStar Financial Inc. and Cerberus.



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Servicing/Default
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