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Archive for July, 2010

Tuesday, July 27th, 2010

The top spokesman for Barney Frank, chairman of the House Financial Services Committee, is leaving Congress to help run public affairs for Treasury Secretary Timothy Geithner.

Steven Adamske, who has served as Frank's communications director through the tumult of the 2008 financial crisis and the effort to overhaul financial regulation, will replace Andrew Williams, deputy assistant secretary for public affairs.

Tuesday, July 27th, 2010

Thomas Properties Group announced today that TPG/CalSTRS, LLC, its joint venture with the California State Teachers' Retirement System (CalSTRS), has closed on new first mortgage loans for San Felipe Plaza, 2500 CityWest Blvd. and Brookhollow Central, three suburban office properties in Houston, Texas.

In addition, the Company has completed an extension of the construction loan secured by the remaining units at its Murano condominium tower in downtown Philadelphia. The Company has only one remaining loan maturity before the end of 2012, which the joint venture expects to refinance in the coming months.

Tuesday, July 27th, 2010

"The banking system must streamline," Supervisor of Banks Rony Hizkiyahu said today in a briefing on the 2009 Survey of Israel's Banking System. He called on the banks to restrain their salary costs and warned that the global economic was not yet over.

Hizkiyahu also warned against the emergence of a real estate bubble, while saying that the Bank of Israel would take measures to prevent it.

Tuesday, July 27th, 2010

When President Barack Obama signed the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 into law on July 21, 2010, he set into motion a requirement by the Securities and Exchange Commission (SEC) to look into the business practices of brokers-dealers and investment advisers.

The SEC is not wasting time, as today it published a request for public comment in order to build an investigation into the current obligations and standards of these financial workers who provide personalized investment advice about securities to retail investors.

The aim is not condemnation of actions in the past, as charges may not arise directly, but rather to put together a study that will likely be published as a result. This will outline any gaps, shortcomings, or overlaps in the current legal or regulatory standards, according to a quick brief from the SEC.

"Broker-dealers and investment advisers provide critical financial services to millions of American investors," said SEC Chairman Mary Schapiro. "A system that fairly and effectively regulates these market participants is essential to protecting investors. We look forward to receiving comments from the public on these important issues."

The public comment period will remain open for 30 days, following publication of the comment request in the Federal Register.

The Obama Administration is also seeking public and industry comment on the future of the US housing finance system beginning with a "Conference on the Future of Housing Finance" in Washington DC on Aug. 17.

Write to Jacob Gaffney.

The author holds no relevant investments.

Tuesday, July 27th, 2010

The US Department of Housing and Urban Development (HUD) reached a $700,000 settlement with CitiMortgage, Inc. (CMI) after the company failed to report delinquent loans by the specified monthly deadline.

The action was reported in a recently released notice of actions being taken against Federal Housing Administration (FHA) lenders that failed to comply with government standards for lending practices.

According to the notice, "CMI failed to report all delinquent loans to HUD no later than the fifth business day of the following month…to correct fatal errors that resulted from its monthly reporting to HUD's Single Family Default Monitoring System" and "to comply with HUD/FHA's default servicing reporting requirements when it failed to timely submit a default servicing report."

CMI told HousingWire in an e-mail that, "a computer programming error created a data reporting issue. This error has been fully addressed, and no customer funds and no financial losses were involved."

HUD closely monitors the default and delinquency results of lenders insured against default-related losses through the FHA program. In January, HUD launched a series of subpoenas against 15 mortgage companies due to high FHA insurance claims.

"Any FHA-approved lender that does business with us must follow our standards," said FHA commissioner David Stevens in January.  "If we determine that our partners are not playing by the rules, we will take action — it's that simple."

Write to Christine Ricciardi.

Tuesday, July 27th, 2010

Successful executives in any business are focused on what it takes to get the job done with the highest level of efficiency and with the least amount of pain. The best managers watch their operations closely, on guard for problems that can slow things down, negatively impact customer service or increase costs. The closer they watch their own operations, the more successful they tend to be and the less likely they are to be in a position to pay attention to their external environment.

I think that's why we've been seeing more chief strategic officers showing up in the mortgage lending space, both on the part of lenders themselves and those firms that serve them. It makes sense, in my mind, to have someone who is tasked with paying close attention to the external partners. That makes great sense in a business with as many moving pieces as home finance.

I'm not just talking about partner relations here. I know every company has an executive or two who are focused on forging alliances with the best partners and then making sure they live up to the Service Level Agreements in place between them. This is important work, but it's focused mostly internally on what the lender wants and needs. These guys are doing what they're supposed to be doing.

There is room in the modern mortgage lending operation for another kind of executive, one who spends more time looking over the corporation's walls and focusing on the inner working of the companies the bank partners with to do it's work.

There are some institutions that are way ahead of me here. I know that Wells Fargo has appointed an executive to work directly with the title insurance industry to help smooth everything out regarding RESPA changes. She is attending conferences, speaking to that industry and generally making sure that everyone is one the same page. And I'm not talking about laying down the law according to Wells, necessarily. I'm taking about identifying mutual pain points and coordinating with partners to find workable solutions.

On the other hand, I've spoken to a number of executives who work for Appraisal Management Companies who are disappointed that their lender partners didn't step up and explain things to legislators before the federal government decided to let every state in the union impose their own rules and regulations on these entities. It's not the end of that industry, of course, but it could mean that lenders are going to be forced to handle more of the work that they previously handed off comfortably to companies that focused on that work and delivered good value for the money.

There are plenty of reasons to get a better handle on your partners' businesses right now. You'll be in a better position to negotiate for better rates. You'll be able to identify problems that might lead to violations of your SLAs. You might uncover an acquisition opportunity. The best reason is that you will forge stronger partnerships that will help carry you through the downturn.

The title insurance space is one place that lenders could capitalize now on this concept of getting closer to their partners. Some of these companies—both underwriters and agents—are feeling significant discomfort right now and could benefit from a more empathetic class of customer. Some institutions will doubtless feel their size trumps any need to care about their partners' problems, in which case some smaller institutions will have a competitive opportunity.

Rick Grant is veteran journalist covering mortgage technology and the financial industry.

Follow him on Twitter: @NYRickGrant

Tuesday, July 27th, 2010

A national trade group representing title insurance companies and title agents asked the Federal Housing Finance Agency (FHFA) to provide guidance regarding the Property Assessed Clean Energy (PACE) program.

Issues surrounding PACE liens raised recently by the FHFA could cause delays or cancellations of real estate transactions, said American Land Title Association, a Washington, DC-based trade group.

PACE is designed to stimulate the economy and promote energy independence by assisting homeowners and small businesses with financing to make their properties energy efficient. But it ran afoul of the FHFA recently, which issued warning letters not to accept PACE loans or assessments going forward.

At issue is whether repayment of funds obtained through the program have priority over Freddie and Fannie mortgages. The government-sponsored enterprises (GSEs) contend that as written, PACE funds would have a priority lien on a property over the first mortgage.

In California, Attorney Gen. Jerry Brown recently sued the FHFA, Freddie Mac and Fannie Mae, arguing that the FHFA has effectively shut down the program. Brown argues that PACE financing is a tax assessment, not a loan.

The trade group notes that confusion still exists in the title insurance industry on whether PACE financing is considered a loan or a tax assessment.

“We recognize the value in lowering energy costs for consumers, creating jobs for the economy and reducing buildings’ carbon footprint for the environment,” said Kurt Pfotenhauer, chief executive officer of ALTA, in a press statement. “However, guidance is needed in resolving uncertainty surrounding these programs.”

ALTA wants clarification about the process by which a PACE lien is created, and how it is administered and repaid. Without more information, consumers won’t know if they have clear title, and creditors will be unaware of their lien priority, ALTA said.

If it’s considered a loan, repayment is secured by a tax lien against the property. ALTA also wants clarification on whether PACE liens must be recorded in the local public records and how property ownership is determined. A property owner must have title in order to grant a lien against the property, but guidelines for the PACE programs are unclear in how to prove ownership.

“Without establishing standards for determining title … PACE loans run the risk of significant losses due to fraud,” Pfotenhauer said. “In addition to harming PACE participants, it … results in increased costs of underwriting, claims, escrow services and compliance for the land title industry.”

Write to Kerry Curry.

Tuesday, July 27th, 2010

Former Freddie Mac CEO David Moffett will join the board of directors at CIT Group (CIT: 38.02 +0.05%) this week, more than 16 months after resigning from his post at the government-sponsored enterprise.

Effective July 27, Moffett will also serve as a member of the audit committee at CIT, a commercial lender that provides financing to small and medium businesses.

Moffett resigned his post at Freddie in March 2009, after six months on the job. At the time, he notified the board of directors there of his intention to return to the financial services sector. He returned temporarily in April 2009 as consultant to Freddie's interim CEO.

Months later, in July 2010, Freddie named finance industry veteran Charles Haldeman Jr. as CEO to replace Moffett.

His appointment at CIT is part of a recent move to, as chairman and CEO John Thain put it in the Q210 earnings statement today, "build-out" senior management at the firm.

Moffett previously held a number of senior positions at other banking institutions such as the Carlyle Group, US Bancorp, Firstar Corporation, Bank of America (BAC: 7.29 -0.14%) and First Financial Bank & Trust Co.

Write to Christine Ricciardi.

Disclosure: the author holds no relevant investments.

Tuesday, July 27th, 2010

The Obama Administration is seeking public and industry comment on the future of the US housing finance system beginning with a "Conference on the Future of Housing Finance" in Washington DC on Aug. 17.

It's not the first time the administration is seeking public input about financial reform. As HousingWire reported, the government in April posted an online questionnaire over housing finance reform. The questions ranged from what role should the government play in housing finance to the future of government-sponsored enterprises (GSEs) Fannie Mae and Freddie Mac.

Although the Treasury Department received more than 300 responses to the questionnaire, submissions included few concrete proposals at the time.

The latest move by the administration to involve market input, announced today by the US Department of Housing and Urban Development (HUD), brings together industry groups, market participants, academic experts and consumer and community organizations for "an open discussion about housing finance reform."

Although reform of the GSEs was noticeably absent from the Dodd-Frank reform act signed by President Barack Obama last week, the legislation does require the administration to propose a method of reforming the housing market and the GSEs by the first part of next year.

The conference marks the first in a series of events intended to provide public and industry input as financial reform of the housing industry takes shape.

"The Obama Administration is committed to engaging stakeholders and the public as we consider proposals for reforming the housing finance system," said HUD secretary Shaun Donovan. "The need for reform is clear and we want to listen to a wide range of views as we chart a course to a more robust and stable housing market that works for the benefit of the American people."

Write to Christine Ricciardi.

Tuesday, July 27th, 2010

Two new commercial mortgage-backed securities (CMBS) are being developed even as delinquencies in the market doubled from a year ago.

Citigroup (C: 30.87 +1.61%) and Goldman Sachs (GS: 111.77 +2.96%) are securitizing a $750m multi-borrower deal. JPMorgan is constructing a $650m CMBS deal on behalf of Vornado Realty Trust, according to market participants. Both are transactions under Rule 144A, meaning it’s a private placement among large institutional investors.

But delinquencies are still increasing on existing CMBS. The delinquent unpaid balance of loans backing commercial mortgage-backed securities (CMBS) passed $60bn in June, a 111% increase from a one year ago, according to the analytics firm Realpoint.

Realpoint tracks delinquency data on nearly $800bn of CMBS pools for its monthly reports. In June, the unpaid balance of these loans increased $3.1bn from the previous month. The delinquent loans make up 7.7% of those reviewed, up from 7.27% in May. It’s over two times the 3.5% reported a year ago and more than 27 times the 0.2% low point recorded in June 2007.

Four of the five delinquency categories increased from May. The only one to fall was the 60-day delinquency bucket, dropping $2.06m from the previous month. There was a $3.2m increase of loans that fell 30 days behind.

The 90-plus day, foreclosure and REO categories grew for the 30th straight month, up another $2bn, or 5%, from May. The amount of loans falling into that category has more than tripled from a year ago, up $30.7bn.

Realpoint still maintains that the delinquency rate could grow to between 11% and 12% by the end of 2010.

Fitch Ratings reported earlier in the month that eight loans in CMBS portfolios and hold balances greater than $20m are likely to default in August. Analysts at Deutsche Bank said the amount of these loans falling into special servicing is continuing to outpace the workouts, meaning a shadow inventory of commercial foreclosures is building.

Earlier in the year, another analytics firm, Trepp, reported that these spiking delinquencies could cause bank failures to increase as much as 30% in 2010. There has already been more than 100 closings this year.

Write to Jon Prior.



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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