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Archive for September, 2010

Thursday, September 30th, 2010

Acting Comptroller of the Currency, John Walsh spoke before the Committee on Banking, Housing and Urban Affairs Thursday, about the challenges facing his office in adapting to the Dodd-Frank Act — citing the transition as a "mammoth effort."

His sentiment was reiterated in a letter to Congress from the National Association of Federal Credit Unions.

"The additional requirements imposed by Dodd-Frank have created an overwhelming number of new compliance burdens, which will take credit unions considerable time and effort to resolve," the letter said. "A slightly longer period for implementation of Dodd-Frank — up to 24 months — would help alleviate some of these burdens and give credit unions more time to comply."

Walsh said the biggest task right now is integrating the Office of Thrift Supervision into the Office of the Comptroller of the Currency, which requires the OCC to not only revise its rules, but review and republish the rules for the OTS also.

The OCC duties under the bill also include supporting the Financial Stability Oversight Committee, whose first meeting is scheduled for tomorrow. Walsh expects that under Basel III, will help advance the Dodd-Frank Act and help absorb some of the present challenges.

The NAFCU, however, sent its own list of recommended changes and potential provisions for Congress to consider, including changes to the appraiser independence standard (mandatory reporting requirements on credit unions and other lenders who believe an appraiser is behaving unethically or violating applicable codes and laws, with heavy monetary penalties for failure to comply) and the Bureau of Consumer Financial Protection's power to preempt consumer protection rules.

Write to Christine Ricciardi.

Thursday, September 30th, 2010

The Internal Revenue Service will allow taxpayers to write off repairs to damage caused by problematic drywall installed in homes between 2001 and 2008.

Homeowners have reported certain drywall imported from countries, primarily China, to cause blackening or corrosion of copper electrical wiring in appliances. In November 2009, the Consumer Product Safety Commission sampled the air quality of 51 homes and found a link between the drywall and levels of hydrogen sulfide and metal corrosion in those homes.

In June, the government-sponsored enterprises announced they would keep homes with the problematic drywall out of the foreclosure process.

Under the IRS guidance issued Thursday, taxpayers who have already filed their income tax return for the year they paid for repairs have three years to file an amended return and claim the reduction.

The loss that may be claimed depends on whether or not the taxpayer has a pending claim for property insurance loss or loss mitigation reimbursements. If there is no pending claim, the taxpayer can claim all the repair losses. If there is one, the taxpayer can claim up to 75% of the repairs.

If the taxpayer has already been reimbursed for the insurance or loss mitigation loss, he or she cannot write off the repairs.

Write to Jon Prior.

Thursday, September 30th, 2010

The $700 billion Troubled Asset Relief Program is set to expire Oct. 3, and the Treasury Department is still awaiting $55 billion in paybacks from its Capital Purchase Program, according to the latest TARP report.

The Treasury announced the CPP in October 2008 to purchase up to $250 billion of senior preferred shares from financial institutions the following month.

Three banks, JPMorgan Chase (JPM: 37.21 -0.75%), Wells Fargo (WFC: 29.60 +1.89%), and Citigroup (C: 30.87 +1.61%) received the $25 billion maximum, while Bank of America (BAC: 7.29 -0.14%) received $15 billion, Goldman Sachs (GS: 111.77 +2.96%) and Morgan Stanley taking $10 billion each.

Each has paid back these bailouts through the CPP. The Treasury invested $204.9 billion total through CPP but still has not received $55 billion from mostly smaller banks still searching for capital.

Two of those that have not paid back the investment are Sun Trust Banks, based in Atlanta and Regions Financial Corp. in Birmingham, Ala. at $3.5 billion each.

Banks with those investments still outstanding currently hold a 5% cumulative dividend rate per annum, but that's for the first five years from when those banks took the money. After that, the rate goes up to 9% it must pay the Treasury if those banks do not make the deadline.

Through CPP, the Treasury received warrants to purchase common stocks. Keefe, Bruyette & Woods, an investment bank in New York, said in a research note out Thursday that because of a rise in implied volatility, the TARP warrants issued by the Treasury have outperformed the underlying stocks and the KBW indices that contains those stocks.

Average returns on those warrants were a negative 1.64% compared to a 6.82% decline on the underlying stocks and a 4.76% drop on the indices, according to KBW.

According to the Congressional Budget Office costs will be 90% lower than the original $700 billion allocated to TARP. Treasury officials have said taxpayers stand to earn a profit on the bank program.

Write to Jon Prior.

Thursday, September 30th, 2010

[Update 1: adds comment from Bank of America]

Ambac Assurance Corporation, the guarantor of structured finance obligations for Ambac Financial Group Inc. (ABK: 0.00 N/A), is suing Bank of America Corporation (BAC: 7.29 -0.14%) over losses associated with fraudulent mortgages allegedly originated and sold as securities by Countrywide Financial.

Ambac claims it was mislead about the quality of loans the monoline insured as securities between 2004 and 2006. Bank of America took over Countrywide in 2009.

According to the Ambac complaint filed on Tuesday, the firm engaged in 12 transactions with Countrywide consisting of more than 268,000 loans, which served a total collateral of about $16.7 billion.

Ambac decided to review its portfolio after masses of loans began to default. The filing said that, to date, over 35,000 loans ($1.95 billion) have defaulted or been charged-off, costing Ambac $466 million in claim payments.

Ambac has so far reviewed 6,533 Countrywide loans, 97% of which it found did not comply with the failed institution's representations and warranties.

"Countrywide's loans did not bear the represented attributes or conform to Countrywide's own underwriting guidelines," the filing said, "And in many cases were made to borrowers with little or no ability to repay their loans."

Ambac Financial recently made announcements that it could potentially go bankrupt after state regulation prohibited Ambac Assurance from paying dividends to its holding company. The state of Wisconsin requires a company's capital to level with its surplus. Ambac's capital, as a result, fell below par.

Managing director for investor relations at Ambac, Peter Poillon, said he couldn't directly attribute Ambac's bankruptcy to the deals with Countrywide. He told HousingWire "because of our exposure to those transactions and others, Ambac Assurance is no longer able to issue those cash dividends to holding company."

Bank of America said it had no comment about the subject.

Write to Christine Ricciardi.

Disclosure: The author holds no relevant investments.

Thursday, September 30th, 2010

After more than two years since being created, the Federal Housing Finance Authority has an inspector general. The U.S. Senate confirmed the nomination of Steve Linick, a longtime federal prosecutor, to the post Wednesday.

The IG serves as independent oversight over the agency and is authorized to conduct criminal investigations. Linick is a career federal prosecutor with the Department of Justice. He recently served as both the executive director of the National Procurement Fraud Task Force and deputy chief of the fraud section, criminal division at the department. Linick has also been the primary contact at DOJ for contract fraud cases relating to the wars in Iraq and Afghanistan. Previously, he was an assistant U.S. attorney in California and Virginia.

Acting Director Edward DeMarco said he's pleased Linick will be the agency's first IG.

"The Office of the Inspector General has the important task of reviewing our operations as an agency to promote the efficiency and effectiveness of our operations, to prevent and detect fraud and abuse, and to keep agency management informed about agency problems and deficiencies," he tells HousingWire. "I look forward to having the benefit of this review."

Linick was nominated to this post twice. President George W. Bush nominated him in 2008, but the nomination died after the former president left office.

The position has been vacant since July 2008. The Housing and Economic Recovery Act of 2008 dissolved the Federal Housing Finance Board and created the FHFA. Because inspectors general have to be appointed by the president and confirmed by the U.S. Senate, former FHFB Inspector General Ed Kelley could not temporarily fill the new position.

Sarah Mueller is an editorial assistant with HousingWire.

Thursday, September 30th, 2010

A judge dismissed a host of claims against Washington Mutual Asset Acceptance Corp. but kept active seven claims that the WaMu subsidiary disregarded general underwriting standards for loans that backed certificates sold to trust funds between 2006 and 2008.

Judge Marsha Peachman of the U.S. District Court for the Western District of Washington upheld claims worth $10.8 billion.

The Plaintiffs, Boilermakers Nationally Annuity Trust Fund and Doral Bank, allege that WaMu Asset Acceptance Corp., a subsidiary of WaMu Inc., misrepresented the quality of loans that backed such certificates.  The complaint was brought on behalf of Boilermakers, Doral and others who purchased interests in WaMu mortgage pass-through trusts. WaMu issued mortgage pass-through certificates for MBS from more than 75,608 sub-prime, first-lien hybrid adjustable mortgage rate loans in 36 public offerings.

Claims pertaining to losses on 25 certificates were dismissed because the judge ruled plaintiffs lacked standing to sue for losses related to certificates for which they have failed to identify a purchaser. The court also dismissed claims against rating agencies Moody’s Investor Services and McGraw Hill Cos. Dismissed claims included those that WaMu skewed the loan-to-value ratios to meet certain target values. The court ruled that allegations that WaMu's credit ratings were misleading were "similarly insufficient" because the plaintiffs failed prove data was materially omitted.

Claims against WaMu's underwriting compliance, purchase and sale agreements, and risk disclosures were upheld and will move to a federal trial. The court order said the "Plantiffs' underwriting allegations survive dismissal because the statements may be misleading if they mask the extent to which the sponsor's underwriting guidelines were disregarded. In essence, plaintiffs allege the underwriting standards ceased to exist." The plaintiffs' claims of economic loss were also validated.

Steven Toll, the co-lead counsel on the plaintiff side, expressed hope for winning the case after hearing the courts denial of dismissal.

"This decision is  good news for investors," said Toll, partner at Cohen Milstein Sellers & Toll.  "While we are disappointed that the court dismissed a number of offerings from the case, we are gratified that the court has permitted the prosecution of this case to go forward."

Write to Christine Ricciardi.

Thursday, September 30th, 2010

American International Group (AIG: 25.25 +0.44%) said Thursday it plans to repay in full its debts to U.S. taxpayers. AIG said it would pay back the Federal Reserve Bank of New York's $20 billion loan by the end of the first quarter of 2011. Other debt payments include $26 billion in two special purpose vehicles that hold its AIA and ALICO units. AIG will also retire $49 billion under the U.S.'s Troubled Asset Relief Program.

Under the plan…

Thursday, September 30th, 2010

The Securities & Exchange Commission (SEC) has charged a pair of employees at Boston-based State Street Bank and Trust Company with misleading investors about their exposure to sub-prime investments. The SEC's Division of Enforcement claims that John Flannery and James Hopkins marketed State Street's Limited Duration Bond Fund as an "enhanced cash" investment strategy that was an alternative to a money market fund for certain types of investors.

Thursday, September 30th, 2010

After experiencing slight growth in its mortgage business this summer and anticipating more, Chase Bank plans to hire up to 175 full-time employees for its Cleveland mortgage operations center by the end of the quarter.

That maximum number would represent 40% growth in Chase's local work force, which bank spokeswoman Mary Kay Bean estimated at 440.

New mortgage loans, including refinancing, totaled $32.2 billion companywide in the second quarter — up 2% from the first quarter but down 22% in comparison to the second quarter of 2009.

Thursday, September 30th, 2010

In a letter sent last week to several federal regulatory bodies, Sen. Al Franken (D-Minn.) seeks a full investigation into the "routine filing of false affidavits in foreclosure proceedings" regarding Ally Financial, formerly GMAC Mortgage.

Last week, Ally suspended evictions on foreclosure cases where faulty foreclosure affidavits were detected. The suspensions came across 23 states, including New York, Illinois and Florida.

The event has even led to a new term entering the common lexicon. Margery Golant, of Golant & Golant, a foreclosure law firm in Boca Raton, Fla., said in an interview with HousingWire, that individuals who sign massive amounts of documents without proper review are called "Robo signers."

"Each of your agencies has an important role to play in addressing this egregious situation and holding all appropriate actors fully accountable," said the letter addressed to Timothy Geithner of the U.S. Treasury, Shaun Donovan of Housing and Urban Development and U.S. Attorney General Eric Holder.

Ben Bernanke, the chairman of the Federal Reserve, John Walsh at the Office of the Comptroller of the Currency and Sheila Bair, chairman of the Federal Deposit Insurance Corp. are also addressed in the letter.

Any "illegitimate" foreclosure must be rescinded, the letter states, and compensation should be awarded to any aggrieved homeowner, Franken suggests. The senator also states concerns that homeowners involved in federal housing aid programs such as the Home Affordable Modification Program, or HAMP, may be affected by Ally's activities and calls for stronger oversight of mortgage servicers to avoid "mistreatment."

Ally Financial, the nation's fourth-largest mortgage servicer, halted evictions in 23 states this week after it was revealed that a document processor signed off on thousands upon thousands of foreclosure documents every week without verifying any of the information in the paperwork.

Fitch Ratings and Moody's Investors Service will now review Ally Financial for possible downgrades of servicer quality ratings, as a result.

According to Franken's Washington office, the Senator supports of an Office of the Homeowner Advocate within the Treasury Department in order to enforce the above call to action.

Write to Jacob Gaffney.



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Servicing/Default
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