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Archive for August, 2010

Thursday, August 19th, 2010

Kathy Marquardt is the new associate vice president of Commercial Servicing at the Mortgage Bankers Association. Marquardt is responsible for coordinating all commercial business activities, such as programs and industry standards efforts.

Before starting at MBA in early August, 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.

She sits down for this edition of In This Corner to discuss the market challenges facing the commercial servicing sector and how commercial servicing is changing in lieu of financial reform.

What are the biggest challenges facing commercial mortgage servicers?

On a day-to-day basis, commercial servicers are managing an increased level of loan defaults as well as an increased demand for surveillance of performing loans and properties.  On a more macro level, the key challenge is managing P&L (profits and losses) and resources in light of the uncertainty in the market and the lack of clarity about what the industry will look like in the future.

How is the industry adapting to the demand for servicing distressed mortgages?

Often when faced with a significantly increased workload, commercial servicers turn to technology to improve efficiency and reduce the costs. Workouts however require hands on effort by knowledgeable servicers. Commercial servicers have in some cases reallocated resources from the origination with related credit/analysis backgrounds. In other cases servicers have added employees to provide the resources necessary to manage the level of defaults.

How are commercial mortgage servicers adapting to new legislation and the tightening standards for due diligence?

It’s too soon to tell. The requirements of the new legislation and the effects on commercial real estate loan servicing are still being digested.  While the new legislation in some cases seems to focus on the underwriting and origination side of the business, the required changes may and likely will impact the servicing side of the business. MBA expects that as regulations are promulgated, the industry will draw on the resources of the MBA’s Constituent Councils to assist member companies in formulating required policy to ensure compliance.

With recent legislation such as HAMP focusing primarily on the residential sector of mortgage origination and servicing, how do you think commercial servicing will benefit and/or suffer from the lack of federal attention?

Though HAMP and other legislative efforts were directed at reform in the residential sector, we would certainly and respectfully disagree that the commercial real estate industry has been exempt from government attention. In fact there are a number of proposals on the table affecting the commercial real estate industry.  MBA and its commercial/multifamily members – including servicers – are currently grappling with the effects of new and proposed legislation/regulation on the industry. For example, the Dodd-Frank risk retention requirements affect CMBS originators; changes to the NAIC capital adequacy requirements will directly impact life insurance company lenders; multifamily lenders are absorbing the impact of changes being considered by HUD and working to help shape the future of the GSEs; and accounting standards are changing. And, as mentioned above, changes to the origination and underwriting side of the business are very likely to impact the servicing side.  MBA strongly supports regulation that is harmonious across regulating entities, and that simultaneously promotes investor confidence in the market while also advancing a re-vitalization of the commercial mortgage market.

What's your strategy going to be to keep a loan performing?

Default management is focused on maximizing the recovery on the loan. How this is achieved varies based on property type, location and the specific issues with the loan/property. Workouts and modifications are among the tools evaluated by commercial servicers to achieve maximum recovery.

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Thursday, August 19th, 2010

Residential sales in July fell 27.8% from last year as the market heads forward without the homebuyer tax credit, according to the real estate brokerage chain RE/MAX.

In July, home sales fell 30% from June. The homebuyer tax credit, which gave a $8,000 to first-time homebuyers and $6,500 to existing ones, had an April 30 deadline to sign a sales contract. Double-digit drops have been common since.

Thursday, August 19th, 2010

Now that the Fed has begun buying Treasuries with proceeds from maturing CMBS, one regional Fed chief thinks a series of smaller policy actions that appropriately weigh economic risks can become one single larger action.

Speaking at a conference in Arkansas Thursday, James Bullard, president of the Federal Reserve Bank of St. Louis, said the American economic outlook has been lowered but remains positive and any policy changes undertaken by the FOMC toward quantitative easing"should be disciplined and focused."

"Large, sudden purchases rarely are optimal. 'Shock and awe' is almost never a good way to proceed," Bullard said. "Policy actions should be commensurate with the risks that the economy faces."

Bullard said core inflation is low but manageable and he wants to keep it from failing to levels observed in Japan in the '90s. Still, the Fed may have to purchase more Treasuries than necessary to maintain its balance sheet at $2.05trn should the disinflation risk increase.

Write to Jason Philyaw.

Thursday, August 19th, 2010

For the all the changes to the regulatory fabric contained in the landmark Dodd-Frank law, none might be more significant to the financial sector's health than Section 956(a).

That largely overlooked provision of the law gives federal agencies expanded powers to write regulations dictating pay at financial firms. How they choose to use these powers could have a major impact on whether banks pursue excessive risks.

Thursday, August 19th, 2010

Bank of America and US Bancorp filed a lawsuit Wednesday to stop the foreclosure auction of New York City’s largest multifamily development, Peter Cooper Village-Stuyvesant Town.

The hedge fund that’s helping mall owner General Growth Properties emerge from the largest bankruptcy in the history of the United States, Pershing Square Capital Management, is now a key player in an attempt at resolving one of the largest-ever commercial mortgage defaults.

Thursday, August 19th, 2010

A federal judge approved a $298m settlement to be paid by Barclays Bank Wednesday to settle criminal allegations that the bank violated the International Emergency Economic Powers Act and the Trading with the Enemy Act. Meanwhile a judge in DC is rejecting an agreed-upon claim between Citigroup (C: 30.87 +1.61%) and the Securities Exchange Commission (SEC) on subprime mortgages investments, ruling that shareholders should not be held accountable in this case.

"Not just once, but numerous times over more than a decade, Barclays stripped vital information out of payment messages that would have alerted US financial institutions about the true origins of the funds," said assistant attorney general Lanny Breuer of the Criminal Division of the Department of Justice in a press release. "Banks like Barclays will not be permitted to disregard sanctions put in place by the US government."

Court documents said that between 1995 and 2006, the London-based bank made $500m in illegal transactions with Cuba, Iran, Libya, Sudan, and Burma. Barclays reportedly routed US dollar payments through an internal Barclays account to hide the payments' connection to the Office of Foreign Assets Control (OFAC) sanctioned countries. The bank also reformatted the US dollar payment messages to remove information identifying the sanctioned entities.

Judge Emmet Sullivan expressed concern about the case, asking why no individuals were being prosecuted. Sullivan called the charges "shocking," but at the end of a hearing that lasted more than an hour, he approved the deal.

The verdict comes only days after a federal judge refused approval of the $75m settlement between Citigroup and the SEC. Monday Judge Ellen Huvelle said she would not endorse the sanction and questioned the investigation lead by the SEC into disclosure tactics used by Citi concerning subprime mortgage lending.

The SEC accused Citigroup in 2007 of falsely represented the firm's exposure to subprime mortgages by a difference of more than $39bn. The SEC said Citi failed to include "super senior" tranches of subprime collateralized debt obligations and related instruments called liquidity puts and found former CFO Gary Crittenden and former head of investor relations Arthur Tildesley, Jr. mislead investors about these numbers.

Citigroup agreed in late July to pay the settlement.

But Judge Huvelle of the US District Court for the District of Columbia didn't understand the reasoning. She asked why the company's shareholders, including some who were mislead about subprime mortgage exposure, must pay for the institution's transgressions and why only two Citi executives had been charged.

The SEC 's complaint stated that "senior management" had knowledge of the deception.

“Why would I find this fair and reasonable?” Judge Huvelle said. “You expect the court to rubber-stamp, but we can’t.”

Judge Huvelle set a new case hearing for mid-September where she expects both the SEC and Citigroup to provide additional records and information.

Write to Christine Ricciardi.

Thursday, August 19th, 2010

While the fate of the government sponsored entities (GSEs) remain in the balance, and financial reform is beginning implementation, securitization players and regulatory enforcers agreed this week on one thing: the TBA market for mortgage-backed securities must be kept largely in place.

Therefore, any potential reform of the housing-finance system must maintain the current TBA structure for trading agency MBS, New York Fed economists James Vickery and Joshua Wright said in a research note this week. This view was also repeatedly pushed at Tuesday's housing conference at the US Treasury, especially so in the spotlight meeting with industry and government sources on the role of securitization in the funding of more affordable mortgage products. That meeting brought together representatives from investment banks, trade groups and government compliance offices.

One characteristic of trading GSE MBS is the explicit guarantee of the government backing of the debt. A second distinguishing feature of the $5.27trn market for Fannie Mae, Freddie Mac and Ginnie Mae MBS is the “to be announced,” or TBA, function, which dominates most agency mortgage bond trading activity.

The term TBA is derived from the fact that the actual mortgage-backed security that will be delivered to fulfill a TBA trade is not designated at the time the trade is made. The securities are "to be announced" 48 hours prior to the established trade settlement date. In a TBA trade, the seller agrees on a price, maturity, coupon, and face value of the bonds without specifying what securities will be delivered to the buyer on the agreed upon closing date.

In 2008 and 2009, some $2.89trn of agency MBS was issued, while no new non-agency securitizations occurred in those years. With limited non-agency issuance, secondary markets for trading that type of MBS has become extremely illiquid, the economists said. Whereas annual agency trading volume has averaged about $300bn since 2005, and TBA trading provides the best platform for increasing MBS prices and reducing mortgage rates.

“This TBA trading convention enables an extremely heterogeneous market consisting of thousands of different MBS pools backed by millions of individual mortgages to be reduced – for trading purposes – to only a few liquid contracts." the NY Fed economists wrote in a staff report published Thursday. "TBA prices, which are publicly observable, also serve as the basis for pricing and hedging a variety of other MBS that do not trade in the TBA market.”

This encourages “participation from a broader group of investors, notably foreign central banks, and a variety of mutual funds and hedge funds, translating into a greater supply of capital for financing mortgages, and thus lower rates for homeowners," they said.

Write to Jason Philyaw.

Thursday, August 19th, 2010

Government sponsored enterprises (GSEs) Freddie Mac and Fannie Mae may exercise the right to force the big four banks, JP Morgan (JPM: 37.21 -0.75%), Citigroup (C: 30.87 +1.61%), Bank of America (BAC: 7.29 -0.14%), and Wells Fargo (WF: 29.65 +4.59%), to repurchase up to $180bn delinquent mortgages, according to a report released by Fitch Ratings Wednesday.

As of June 30, the GSEs hold $354.5bn troubled mortgages, with 50% serviced by the big four banks. Fitch estimates the big four banks already received repurchase requests up to $19.1bn in the Q110 and Q210 — $10.7bn of which related to the GSEs.

Fannie and Freddie are "actively exercising their right to put back to the original lenders a considerable amount of the troubled mortgages in their portfolios," write analysts Tom Abruzzo and Christopher Wolfe. The agencies have a right to require lenders to buyback delinquent mortgages, if it is determined the mortgage loan did not meet GSE investor underwriting or eligibility standards.

Fitch said it is undertaking a review of Fannie and Freddie to assess whether the increased reserves are just a part of the flood of troubled mortgages or whether they are expanding their interpretations of what constitutes an eligible mortgage under existing representation and warranty provisions.

"Fitch is concerned that a more aggressive request for loan repurchases could potentially expose banks with large mortgage origination operations to future losses that have not been previously incorporated into Fitch's existing exposures, and effectively into current ratings," the report said.

Under a mild loss scenario, where the banks buyback 25% of delinquent loans and recover 60% of the money, Fitch expects cumulative losses around $17bn.

Under a moderate loss scenario, in which the banks buyback 35% of delinquent loans and recover 55% of the money, Fitch expects losses around $27bn.

Under a more adverse scenario, if banks repurchase 50% of troubled mortgages and recover only half of the original investment, Fitch expects losses of about $42bn.

These figures do not include the banks' ability to cure deficiencies in loans which could lessen loss. Fitch believes the moderate scenario is the most likely and said it will continue to monitor the on-going developments between banks and the GSEs related to mortgage loan repurchases.

Write to Christine Ricciardi.

Thursday, August 19th, 2010

Mortgage rates continue to tumble, according to Freddie Mac, with the average 30-year fixed rate reaching another record low of 4.42%. There is no consensus this week on rates, as another index reports the 30-year fixed rate climbed.

Freddie Mac said the average 15-year adjustable-rate mortgage for the week ended today remained flat with the prior week at 3.9%.

Both rates have now declined for nine straight weeks and are at the nadir. The GSE began publishing 30-year fixed-mortgage averages in 1971 and added the ARM data to its weekly primary mortgage market survey 1991.

Freddie Mac deputy chief economist Amy Crews Cutts said "investors in long-term bonds appear very confident that inflation will remain in check, and as a result long-term fixed mortgage rates have continued to fall."

"The 12-month growth in the core consumer price index has held at only 0.9 percent for four straight months ending in July," Crews Cutts said. "The last time price growth was this low was the year ending January 1966."

She also said construction of single-family homes fell for the third-straight month in July to 432,000 homes, which is the lowest since May 2009.

Meanwhile, the most-recent Bankrate survey of large banks and thrifts showed the 30-year fixed mortgage rate climbing to 4.63% from 4.57% a week ago. The firm’s data pegged the 15-year fixed rate at 4.11% up 5 bps from the prior week, and the average five-year adjustable-rate mortgage of 3.95% was up 3 bps from 3.92% last week.

With rates at record lows, refinancings are way up and accounted for more than 80% of all mortgages written last week.

Write to Jason Philyaw.

Thursday, August 19th, 2010

How do private-label covered bond issues compare to securitization, sales to Fannie and Freddie or FHLB funding when appropriately structured? Borrowers are no worse off…



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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