Archive for July, 2010
[Update 1: adds agency comment]
An ongoing investigation by a House of Representatives committee revealed a VIP lending unit at Countrywide Financial Corp. targeted senior leadership at Fannie Mae.
The House Committee on Oversight and Government Reform obtained new documents that show former Fannie CEO Jim Johnson and his successor Franklin Raines, former vice chairman Jamie Gorelick and former chief operating officer Daniel Mudd received VIP loans from Countrywide.
The investigation, ongoing since October 2008, indicates Countrywide "used its VIP loan unit to give preferential treatment to individuals positioned to advance the company's business interests," according to letter from the Committee, penned this week by Rep. Darrell Issa (R-CA), to the Federal Housing Finance Agency (FHFA).
"By accepting discounted loan terms and other preferential treatment from Countrywide, Fannie Mae employees may have violated the company's code of conduct," Issa wrote in the letter. "The code of conduct puts Fannie Mae employees on notice that accepting 'inappropriate gifts' is a violation of the code of conduct and may also be a criminal act."
To date, Bank of America (BAC: 7.29 -0.14%) — Countrywide's acquirer — produced more than 44,000 pages of documents under subpoena by the Committee. These documents linked 153 VIP loans to borrowers employed by Fannie and another 20 VIP loans to borrowers employed by Freddie Mac.
The Committee noted two spikes in the volume of VIP loans to Fannie and Freddie employees: one in 1998 as Countrywide negotiated a deal to sell billions of dollars in mortgages to Fannie at a discount. The second spike in the volume of VIP loans to Fannie employees occurred from 2001 to 2003 on the leading edge of a mortgage boom that lasted from 2002 to 2004.
"I call this information to your attention so that the Federal Housing Finance Agency (FHFA) can fulfill its obligation as conservator of the [government-sponsored enterprises]," Issa said in the letter. "In the absence of an Inspector General at FHFA, it is my understanding that the Office of the General Counsel is performing certain investigative functions."
A Fannie spokesperson could not return a request for comment, but an FHFA spokesperson told HousingWire the Agency received the House Committee's inquiry "and will respond promptly."
Freddie could not comment on specifics, but a spokesperson said "we have an employee code of conduct that says employees can't solicit or accept discount prices or more favorable loan terms on the basis of their status as a Freddie Mac employee."
Write to Diana Golobay.
Disclosure: the author holds no relevant investments.
Posted in Origination/Lending, Top Stories | 2 Comments »
Arthur Nevid is the chief investment officer for Mountain Real Estate Capital. The firm is busy in the Southeast, buying up distressed portfolios from struggling banks and working with builders to repair and rebuild those communities for increased cash flow. Nevid joined the company in 1997, and before that he held investment positions at Cofinance Group, a French-owned real estate investment firm, and was an investment banker at Merrill Lynch Hubbard, where he specialized in syndicating public real estate partnerships.
For this edition of In This Corner, Nevid lays out investment strategies in the possible double-dip.
What do you say to the strategy of growing in times of famine and staying conservative in times of feast?
Our company has been providing private capital for value-add opportunities to developers and operators since 1993, and our principals have been through a number of cycles both before and since then. When times are robust, our investment pace actually tends to lag the industry as we refuse to relax our underwriting criteria despite the desire to put out capital, and we often cannot compete with the more aggressive and abundant money sources. Instead, we sit around wringing our hands waiting for, as you say, the famine to set in. In fact, we invested practically nothing between 2006 and 2010. But now that the famine as arrived, we have begun to eat. That being said, we do project at least a minor double-dip, so we are being careful not to gorge ourselves.
Has Mountain Real Estate Capital positioned itself for the opportunities that are sure to come out of it?
We believe so. Our fund is fully organized to invest $1bn, and our corporate infrastructure is well positioned to quickly take advantage of opportunities as they arise. A year ago, we brought in over fifteen professionals previously employed by GMAC-ResCap’s Business Capital Group who had been responsible for the management and disposition of over 32,000 lots, homes and communities valued at over $2bn, and now provide us with the horsepower to underwrite and manage the purchase of large NPL/REO portfolios. We have also worked hard to create productive working relationships and joint venture structures with national and regional homebuilders who provide us access to great off-market, one-off opportunities nationally.
So, what are you looking for in a good investment?
Several things: strong liquidity profile, off-market distressed opportunity, good long-term growth, employment and affordability demographics, and limited downside. If developing, the most important thing, by far, is our partner. We have been involved in good real estate with bad partners and bad real estate with good partners, and we’ll take the latter every time.
What sort of bear-traps are out there for investors looking to capitalize on distressed assets?
I remember in the RTC days how excited I was to recommend to my boss the purchase of a Manhattan office building for just $50 per square-foot (psf), a ridiculously low price based on historic comps. He told me two things: One, if it’s selling for $50 psf, then it is worth at best $50 psf, and, two, if the economy is such that you will not be able to fill up your $50 psf building with tenants, then you are paying too much. The point being that merely paying a fraction of unpaid balance or replacement cost does not a good deal make – you can lose 20 cents on the dollar as quickly as you can lose 80 cents on the dollar if the real estate fails. Determining the right price is a function of smart and experienced underwriting, in good times and bad.
You partner with builders on these investment ventures. From where you're sitting, are builders forced to become more like renovators in a time when housing demand is so low?
Not at all. The idea is to team up with the best partner in a submarket, together do smart long-term underwriting, buy right, build affordable quality product and be the market leader. Thus far, our sales of new homes and lots have exceeded our underwriting even during this latest market downturn.
Posted in In This Corner, Secondary Market/Investors, Top Stories | 1 Comment »
Standard & Poor's downgraded commercial mortgage-backed notes sold by a fund of Becton Property Group as the Australian developer seeks to sell assets to repay the debt.
The top class of notes was downgraded five rungs to single-A from triple-A, the ratings firm said today in an e-mailed statement. S&P said it may cut the grades further if it sees an increasing prospect that bondholders won't be repaid before the legal final maturity of the notes in 2012.
Posted in Around the Web | No Comments »
Servicers are innovating to maximize loss mitigation efforts, with changes coming to the way companies manage customer relationships, their own employees and the standard for executing loss mitigation strategies, according to Tony Meola, CEO of Fort Worth-based mortgage servicer Saxon Mortgage Services.
"If someone tells you that change is what's required today, I would tell you to tell them they're wrong. I would tell you what's needed today is innovation," Meola said, speaking today at SourceMedia's loss mitigation conference in Dallas.
He added that anyone working at or leading a servicing shop who doesn't believe in innovating processes are only hurting their companies. The servicing industry is operating in an unknown market during unprecedented times with unknown consequences of new legislation and constant regulatory changes, he said. It creates many unknowns for servicers, whose goal it is to protect assets and minimize losses on mortgage portfolios.
Saxon is a subsidiary of financial services firm Morgan Stanley (MS: 18.56 +2.26%), and its combined servicing portfolio is valued at approximately $42bn. But every portfolio is different. A regional bank's loss mitigation goals differ from hedge fund investors. Among investors, there are varying appetites for risk, and mortgage giants Fannie Mae and Freddie Mac have their own sets of criteria in loss mitigation.
Further impacting decisions is the timeline of each portfolio and how long each owner expects to incur losses. Meola said among four of the biggest portfolio owners, the target for resolving their distressed mortgages ranges from 2013 to 2017.
"Like it or not, this large-scale standardized widget business of servicing has gone custom on us overnight," Meola said. "This giant loan servicing elephant has turned into a swift bobcat."
Servicers have traditionally dealt in CRM — credit risk management — but Meola said there's a new CRM that's just as important for servicers: customer relationship management.
"If we don't incorporate the two CRMs, we are missing half of the problem," Meola said.
Meola said 47% of borrowers who ultimately foreclose never speak to their servicer. If the cure rates of loss mitigation strategies discussed when a servicer does talk to a borrower is applied to that additional 47% of the portfolio, a significant reduction in losses is generated, Meola said.
There is no "gold standard" for what the best servicers or loss mitigators look like or how they operate, Meola said, but the shift in operations starts with employees.
Before the rise in foreclosures, servicer employee contact with borrowers was limited and focused on selling new products — credit cards, new checking accounts or other products. Servicing operations were focused on how to streamline operations and cut costs in payment processing. The old motto was "the first one to zero wins," when it came to cutting costs, Meola said.
But distressed borrowers don't need new financial products and that old way of handling the customer contact doesn't work. Now, servicers have to get a borrower on the phone — a challenge in-and-of itself, Meola says — chart the path to resolution and execute the transaction flawlessly.
"If you have somebody on the phone that's the actual borrower, you don't want to let them off the phone until you're on that resolution path," he said.
Write to Austin Kilgore.
The author held no relevant investments.
Posted in Servicing/Default, Top Stories | No Comments »
CoreLogic (CLGX: 14.56 +0.62%), which provides analytics and REO services, this week launched WillCap, a loss mitigation platform that predicts a distressed borrower’s willingness and ability to make mortgage payments.
The software analyzes probable borrower payment behavior and recommends either a loan modification, short sale or REO transaction when strategic default is likely.
Investors and mortgage servicers can use WillCap to make decisions on these options at both a singular-loan and portfolio level. CoreLogic used a behavioral technology that combines consumer credit, property information, loan product information and local real estate market profiles across its database of millions of borrowers.
Developers reviewed 5m loans when developing the software, including 1.2m that had been modified, foreclosed or sold through a short sale. Several unnamed lending institutions already use the platform, according to CoreLogic.
WillCap will recommend to users which loan treatment to make and provides optimal terms for each one. When recommending a loan modification, WillCap can specify the payment and principal amounts needed to keep the borrower current for set amount of time.
When it makes an REO-sale recommendation, it gives a sale price most likely to move the property off the market at a specified time and maximize cash value.
“WillCap brings objectivity, transparency and predictability to loss mitigation and default management,” said George Livermore, group executive for data and analytics at CoreLogic. "Servicers and investors can use this new solution to craft workable distressed loan treatments that can increase loan modification success, while significantly reducing losses.”
Write to Jon Prior.
Disclosure: the author holds no relevant investments.
Posted in Servicing/Default, Top Stories | 1 Comment »
The US Department of Housing and Urban Development (HUD) announced Wednesday that it will launch a series of investigations to determine if the lending practices used by certain mortgage lenders violated the Fair Housing Act.
The Act prohibits discrimination in lending with regard to sex, familial status (pregnancy/children) or disability. HUD said this coincides with its mission "to create strong, sustainable, inclusive communities and quality affordable homes for all."
Questions arose after the New York Times published an article demonstrating that firms may have illegally denied mortgages to expectant mothers and families experiencing short-term disability.
"This report is profoundly disturbing and requires immediate action," said John Trasviña, HUD's assistant secretary for Fair Housing and Equal Opportunity, the office that will be directing the investigations. "Lenders must not carry out due diligence responsibilities in ways that have the practical effect of discriminating against recent or expectant mothers."
The Federal Housing Administration (FHA) requires its approved lenders to review a borrower's income to determine whether they can reasonably be expected to continue paying their mortgage for the first three years of the loan. FHA-insured lenders cannot, however, inquire about future maternity leave.
"Having a child should be a time for a family to celebrate and must not be a cause for unfair lending practices," said HUD secretary Shaun Donovan.
Write to Christine Ricciardi.
Posted in Origination/Lending, Top Stories | 4 Comments »
Mortgage rates hit or returned to record-low levels again in two weekly surveys.
The Freddie Mac weekly survey put the average interest rate for a 30-year fixed-rate mortgage (FRM) at 4.56% with a 0.7 origination point for the week ending July 22, down from 4.57% last week.
The Bankrate weekly survey of large banks and thrifts put the 30-year FRM average at 4.77% with a 0.39 origination point, tying the record low for the survey after last week's slight increase to 4.77%. It marks the 10th weekly decline in the past 13 weeks of the Bankrate survey.
"The decline in mortgages rates over the past few weeks echoes the recent signs of weakening confidence in the strength of the economy, particularly the housing and consumer sectors," said Frank Nothaft, Freddie Mac vice president and chief economist in the weekly report.
"We see these as part of the normal pattern of ebbs and flows in recovery and believe that there is sufficient momentum to carry the US economy forward, albeit moderately," Nothaft added.
Freddie's 15-year FRM averaged 4.03% with a 0.7 origination point, a new record low after 4.06% last week. Bankrate said 15-year FRM rates averaged 4.18%, tying the record low set in the week of July 7.
Freddie said the five-year, Treasury-indexed, hybrid adjustable rate mortgage (ARM) averaged 3.79% with a 0.6 origination point, down from 3.85% a week earlier. Bankrate put the average rate for a five-year ARM at 4.06%, from 4.12% last week.
Freddie said the one-year ARM dipped to an average 3.7% with a 0.7 origination point, down from 3.74% a week earlier.
Write to Diana Golobay.
Posted in Origination/Lending, Slider, Top Stories | 3 Comments »
Existing home sales fell 5.1% in June after a 2.2% drop in May, according to a report from the National Association of Realtors.
The June numbers mark the second straight month of declines after the homebuyer tax credit expired April 30. Lawrence Yun, chief economist at NAR, said the June home sales still reflect some activity spurred by the tax credit, as some sales from that time have yet to close. Congress passed an extension of the closing date for the tax credit to Sept. 30.
In June, there were 5.37m units sold, down from 5.6m in May. That includes single-family, town homes, condominiums, and co-ops. The sales are 9.8% higher than the 4.89m reported in June of last year.
“Broadly speaking, sales closed after the home buyer tax credit will be significantly lower compared to the credit-induced spring surge. Only when jobs are created at a sufficient pace will home sales return to sustainable healthy levels,” Yun said.
The national median existing-home price reached $183,700 in June, a 1% increase from last year and up 2.2% from $179,600 in May.
Distressed home sales made up 32% of all sales in June, compared to 31% in May. First-time homebuyers purchased 43% of the homes in June, down from 46% in May. Investors took 13% of sales, down from 14% in May, and repeat buyers took the rest.
The total housing inventory climbed 2.5% from May to 3.9m existing homes still set to sell. It represents a 8.9-month supply at the current sales pace, according to NAR.
Broken down by category, there were 4.7m single-family home sales in June, down 5.6% from May but still 8.5% above last year. There were 670,000 condominium and co-op sales, down 1.5% from May but 20.5% higher than last year.
Existing home sales in the Northeast climbed 7.9% from May to 960,000 sales in June. The median price in the Northeast was $244,300, down 1.2% a year ago.
Sales in the Midwest reached 1.23m, a 7.5% drop from May but 11.8% higher than last year. The median price was $155,900, down 0.1% from a year ago.
There were 2m sales in the South, down 6.5% from May but 11% above levels seen a year ago. The median sales price was unchanged from a year ago at $163,600.
Existing home sales in the West fell 9.3% from May to 1.17m in June, which is 0.9% higher than a year ago. The median price in the West was $221,800, up 1.5% from last year.
Write to Jon Prior.
Posted in Origination/Lending, Top Stories | 2 Comments »
President and CEO of the Mortgage Bankers Association (MBA), John Courson, announced Wednesday that Kathy Marquardt will be the company's new associate vice president of Commercial Servicing division.
Marquardt, who begins in early Aug., will serve as MBA's expert on commercial real estate loan servicing issues. Her duties will include coordinating all commercial business activities, such as programs and industry standards efforts, and managing all activities related to the commercial business councils of the Commercial Real Estate/Multifamily Finance Board of Governors.
Before joining MBA, Marquardt worked in commercial servicing departments for KM Consulting and GMAC Commercial Mortgage Corporation where she designed and implemented strategies for companies to enhance commercial servicing operations as well as managed servicing operational units and wholesale acquisitions units.
"Kathy is a seasoned real estate finance professional whose experience spans more than twenty years in the commercial/multifamily industry. Her knowledge of commercial servicing issues will prove to an invaluable asset to the organization as we move forward with key commercial issues," said Courson.
"I look forward to the many contributions Kathy will make on behalf of MBA, our members and this industry."
Marquardt will report to MBA's senior vice president of Commercial/Multifamily, Gail Cardwell.
Write to Christine Ricciardi.
Posted in Servicing/Default, Top Stories | 1 Comment »
BB&T Corp. (BBT: 26.95 -0.33%) reported $210m of net income in Q210, a 74% increase from the year-ago quarter.
Mortgages helped drive an overall uptick in lending, with $17.5bn of originations in the quarter, compared with $15.4bn in the previous quarter. BB&T completed the systems conversion of Colonial Bank during the quarter.
BB&T in August gained the warehouse lending division of failed Colonial Bank. The company then renewed its commitment to warehouse lending by beefing up the division with a new president. BB&T said it nearly doubled its mortgage originations in 2009. The company said in June it is exiting the wholesale lending business, operated through its Liberty Mortgage Corp. subsidiary as part of a move to expand its warehouse business to correspondent lenders.
The acquisition of Colonial helped grow average total loans and leases 4.4% over the same quarter last year. The firm experienced a 9.4% increase in average loans originated by the BB&T specialized lending group, and an 11.1% increase in average revolving credit loans.
During the quarter, BB&T also focused on a strategy to accelerate the disposition of nonperforming assets, according to chairman and CEO Kelly King.
"Our long-term plan has always been to sell problem assets as pricing improved," King said in the earning statement today. "Early in the second quarter, we reached an inflection point and have seen more bidders and more acceptable valuations for problem assets. As a result, we disposed of $682m of problem assets, lowering our balance sheet risk and making significant progress in meeting the goals of the strategy."
BB&T sold $8bn of securities and recorded net gains of $219m in the quarter.
Nonperforming assets slipped 3.1% during Q110. It marks the first decrease in nonperforming assets at the bank since Q106. The ratio of loan and lease loss allowance to nonperforming loans held for investment improved to 98% at the end of the quarter, compared with 93% at the end of the previous quarter.
The company echoed industry concerns over the "unintended consequences" of financial reform legislation signed yesterday, and warned some changes in the products and services offered are expected as a result.
"[O]ur business model is still that of a traditional commercial bank, so many of the provisions will have little or no impact on us," the firm said in its earnings statement. "While we will initially have moderately higher costs and reduced revenues in some areas, we will effectively implement the provisions of the law and we expect little effect on our long-term performance."
Write to Diana Golobay.
Disclosure: the author holds no relevant investments.
Posted in Origination/Lending, Top Stories | 3 Comments »












