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Archive for September, 2010

Wednesday, September 22nd, 2010

New rules on how much rainy-day capital banks must keep in reserve are more rigorous than they first seem and create “a road to a much safer banking system,” the chairman of the panel that is writing the regulations said Wednesday, implicitly answering criticism that the proposals are too lax.

The new rules are “extremely demanding” and “radically transform the regulatory capital framework,” Nout Wellink, chairman of the Basel Committee on Banking Supervision and president of the Bank of the Netherlands, said at a meeting in Singapore of officials who regulate the financial industry.

“If, prior to the crisis, banks had the levels of capital we are asking for, we likely would not have experienced such a deep crisis,” Mr. Wellink said, according to the text of his speech.

Wednesday, September 22nd, 2010

The sweeping U.S. financial regulation that introduced the Volcker Rule to banks missed three important areas, the provision's namesake said Wednesday.

Paul Volcker, chairman of President Barack Obama's Economic Recovery Advisory Board and former Federal Reserve chairman, said the U.S. mortgage market, money market funds and ratings agencies are issues that still need to be addressed in the wake of the global economic crisis.

He also said that quasi-government institutions are "abnormal" and don't work. Volcker was speaking at an International Economic Alliance event in New York.

Wednesday, September 22nd, 2010

Las Vegas home sales in August fell to the lowest level in two years, according to San Diego-based real estate data provider DataQuick.

New and existing home sales reached 4,270 for the month, down 0.9% from July and a 9.5% decline from last year. The figures are the lowest since August 2008 when there were 4,028 transactions, and the most-recent month is 16.6% below the average monthly total since 1994.

Nationwide, home sales leveled off in August from the major drop in July, according to RE/MAX. July home sales in Las Vegas dropped 22% from June, DataQuick said. New home sales were the lowest on record for an August, dropping 6.3% from the previous month and 5.3% from a year ago. Existing home sales fell 1.5% from the previous month and remain 13% below last year.

"The now-expired credits spurred many buyers to purchase homes sooner than they otherwise would have, creating a market lull in their wake," according to DataQuick. "Sales have also suffered from a weak economic recovery, a lack of significant job growth and potential homebuyers’ concerns about job security."

REO sales, or homes that had been foreclosed within the last 12 months, took up more than half the market at 52.5% in August, up from 48.9% in July but down 68.4% from a year earlier.

The median house price in Las Vegas reached $135,000 in August, up from $129,000 in July but flat with a year ago. The peak came in August 2006 when the average Las Vegas house price was $312,250.

Lenders foreclosed on 2,445 Las Vegas properties in August, down 9.5% from July and 14.5% less than a year ago. The peak foreclosure levels came in February 2009 when lenders foreclosed on 3,718 homes.

Of the home sales that are going through, nearly half are all-cash buyers, according to DataQuick.

"Moreover, without the tax credit deadlines, only ultra-low mortgage rates are pressuring would-be buyers to purchase sooner rather than later. Some will still take their time to assess changing market conditions," according to DataQuick.

Write to Jon Prior.

Wednesday, September 22nd, 2010

Earlier this month, Senate Bill No. 1481 and its counterpart, House Bill No. 6423, were introduced to the Michigan Legislature seeking to amend the foreclosure by advertisement statute by requiring mortgage servicers to participate in Michigan's "Help for the Hardest Hit" program.

If the bills are passed and signed into law by the governor, servicers who have not signed on to participate in the hardest hit program will be unable to foreclose certain mortgages by advertisement and instead, would be required to foreclose judicially.  The bills have currently been assigned to the respective committee of each branch of Michigan's Legislature for review.  As always, we will keep you updated on any changes or movements of these particular bills.

Wednesday, September 22nd, 2010

Carrington Mortgage Services liquidates distressed loans faster than any other subprime servicer, according to a report from Deutsche Bank.

Analysts modeled liquidation speeds of servicers across four different loan categories using the Conditional Liquidation Rate since April 2010. The CLR is a model that includes the amount of liquidated loans divided by the aggregated balance of all outstanding mortgages in either 60-day delinquency or worse. That includes 90-day delinquency, foreclosure and REO.

Record-high distressed housing inventory has attracted a lot of investor attention to servicers' loss-mitigation strategy. With the government's Home Affordable Modification Program and the Home Affordable Foreclosure Alternatives program reducing principal, interest and even short selling a home, investors are making adjustments based on the speeds these loans are worked out.

"Servicer intervention is one of the biggest risk factors to housing and non-agency RMBS markets," according to the report.

For subprime mortgages, Carrington is the fastest servicer to liquidate loans in the distressed pipeline. Homecomings Financial and HomEq, which was recently bought by Ocwen, made up the top-three.

According to Deutsche, Carrington, which rents out its REO properties, has traditionally been the slowest to liquidate these loans. But as of August 2010, the REO rate at Carrington reached 21.9% compared to 3.9% for the rest of the top-20.

"CMS' obligation under the provisions of the PSAs is to seek to maximize proceeds to the related Trusts. It makes asset-by-asset disposition decisions based on that principle," Chris Orlando, a spokesperson for Carrington told HousingWire.

Wilshire Credit Corp. used to hold the fastest liquidation speeds, but it is slowest since April. The serious delinquency rate on the Wilshire portfolio has increased to 65% compared to 40.7% for the rest of the subprime servicers. This, according to Deutsche, could be because the recent merger of the Bank of America and Wilshire servicing platforms.

For Alt-A servicers, EverHome Mortgage Company, PNC Mortgage and SunTrust Mortgage had the top-fastest liquidation rates.

Of Option-ARM servicers, Litton Loan Servicing, GMAC Mortgage, and Central Mortgage were ranked in the top-three.

And for Jumbo mortgages, ABN AMRO Mortgage Group, IndyMac Mortgage Services and PNC were the fastest.

BofA and its acquired Countrywide operation were among slowest in each category. GMAC, since branded as Ally Financial might see a sharp change in liquidation rates in the near future with its recent foreclosure process review.

"In the current mortgage market with high delinquency and slow liquidation rates, bond investors are increasingly exposed to the risk that servicers may implement loss mitigation programs that will serve their own interest or the interest of residual investors," according to Deutsche analysts.

Deutsche added that liquidation rates can be volatile and investors should monitor these speeds because of the impact on their own portfolios.

Write to Jon Prior.

Wednesday, September 22nd, 2010

Rising foreclosure inventories across the country translate into great deals for consumers, as banks continue to offer discounts on these properties to quickly move them off their books. Hudson & Marshall, America's leading real estate auction firm, will auction over 200 bank-owned homes in Chicago October 2nd and 3rd at 1:00 p.m. at the Westin Lombard Yorktown Center.

Buyers will be required to make a cash or certified check deposit of $2,500 for each property, which they are the winning bidder. For properties selling for $10,000 or less, a buyer must pay the full purchase price of the homes on sale day. All sales will close within 30-45 days and buyers may secure financing with the lender of their choice prior to closing; however, closing is not contingent upon financing.

Wednesday, September 22nd, 2010

Next week, the Federal Deposit Insurance Corporation will propose final conditions securitized assets will have to meet to benefit from safe harbor protection when the issuer goes into conservatorship or receivership.

The agency had issued and extended an interim safe harbor rule through September 30. This followed accounting changes introduced in the summer of 2009 that disqualified most securitizations by bringing them onto banks' balance sheets.

The FDIC's move this time around, however, is not an extension because the agency intends to reveal its final rule on how it will treat the securitizations of an entity under its receivership or conservatorship.

Wednesday, September 22nd, 2010

The Securities Exchange Commission Monday charged a Minneapolis attorney and two San Francisco promoters with fraud after they failed to disclose the financial collapse of a real estate lending fund to relevant investors.

Todd Duckson, Michael Bozora and Timothy Redpath allegedly raised more than $21 million from investors in the Capital Solutions Monthly Income Fund after the sole business partner defaulted on financial obligations. The fund raised approximately $74 million from 450 investors between 2004 and August 2009.

"The fund's real estate lending strategy failed due to the collapse of the fund's sole borrower. Instead of disclosing this fact, Bozora, Redpath, and Duckson falsely claimed that the fund was positioned to profit from the U.S. real estate downturn," said Robert J. Burson, senior associate regional director of the SEC's Chicago Regional Office. "Investors were entitled to know true facts rather than the misleading positive spin that Bozora, Redpath, and Duckson provided."

The funds sole business was lending real estate investments to a single borrower, Hennessey Financial, who then distributed loans to borrowers. In 2007, the firm reported having "severe financial difficulty," according to the SEC complaint. In March 2008, Hennessey's borrowers defaulted and the firm foreclosed on them. In May 2008, the Capital Solutions fund defaulted.

In late 2008, Bozora and Redpath asked Duckson to take over management of the fund. According to the SEC complaint, Duckson drafted a private placement memo for investors stating that Hennessey Financial's business strategy returned more than 21% annually, when in fact the firm had failed.

The SEC is also charging True North Finance Corporation, a Minneapolis real estate lending company that merged with the fund in 2009, and its chief financial officer Owen Mark Williams with accounting fraud. He allegedly caused True North to overstate the fund's revenues by up to 99%.

Write to Christine Ricciardi.

Wednesday, September 22nd, 2010

The federal regulator of credit unions will finally unveil the details of its plan to securitize more than $50 billion in assets from failed corporate credit unions.

As HousingWire first reported in April, the National Credit Union Administration is taking a page from the Federal Deposit Insurance Corp. by disposing of failed corporate credit union "legacy assets" — predominantly mortgage-backed securities — with structured finance notes that carry the full faith and credit of the U.S. government.

At a NCUA board meeting scheduled for Friday afternoon, corporate credit unions dominate the agenda, and sources tell HousingWire the legacy asset plan is prepared and will be made public during the meeting. In addition, new regulations regarding corporate credit unions will be discussed.

"There is simply no easy way to un-bundle about $50 billion worth of long-term assets, repackage them, and isolate them from the corporates’ balance sheets – all in a way that, under accounting rules, does not end up causing greater losses," NCUA Chairman Debbie Matz said in a speech Tuesday to the National Association of Federal Credit Unions congressional caucus, during a meeting held in Washington, D.C.

"One of our main goals is to devise a way to safely deal with the legacy assets at the lowest possible cost consistent with sound public policy," Matz added. "To accomplish this, NCUA staff is navigating through more legal, accounting and procedural issues than you can imagine."

Corporate credit unions are like a "credit union's credit union." They're owned by groups of traditional "natural person" credit unions and provide short-term and long-term credit to promote liquidity in credit union lending.

At July's NAFCU convention held in Chicago, Matz said the number of troubled credit unions is on the rise, up 31% to 2,100 in 2010, compared to 1,600 three years ago. On a NCUA scale of one to five — called the Capital, Assets, Management, Earnings, and Liquidity, or CAMEL, rating system — there are 367 credit unions rated CAMEL 4 and 5, or "troubled." In addition, there are an additional 1,750 institutions rated CAMEL 3 — not technically "troubled" in the NCUA's technical lexicon, but more and more CAMEL 3s are becoming CAMEL 4 and 5.

And as of late, the stability of corporates has been in question. In March 2009, the NCUA placed the two largest corporate credit unions, U.S. Central Credit Union and Western Corporate Federal Credit Union in conservatorship.

Earlier this month, the NCUA alleges WesCorp departed from its traditional business model of providing liquidity for credit unions and "began an aggressive campaign to increase the size of the organization" around 2002.

WesCorp fueled this growth through borrowing and then investing "heavily in private-label [MBS]," according to a complaint filed in District Court for the central district of California. This lead to WesCorp reporting total assets of $32.5 billion at the end of 2007, more than 50% higher than five years earlier. But the credit union's exposure to private-label adjustable-rate MBS was $22 billion, or about 95% of its total investment portfolio, at the end of 2007.

"If WesCorp’s officers and directors had imposed prudent concentration limits on its private label MBS, including its option-ARM MBS, almost all of this loss would have been avoided," the NCUA claims.

Those claims are echoes of a speech Matz gave in July during the NAFCU 43rd annual convention in Chicago. Matz warned then that the National Credit Union Share Insurance Fund, the fund that insures deposits for the nation's 90 million credit union members, would dip below Congressionally mandated levels of 1.2% to 1.3% by the end of summer.

"The amount of the assessments for the National Credit Union Share Insurance Fund really depends on the industry’s own performance,” Matz said. "Simply put: If credit union losses are lower, credit union assessments will be lower."

At the end of August, the equity ratio was at 1.176%. On Sept. 16, the NCUA acted, ordering a 12.4 basis points premium on insured deposits for credit unions, adding $933 million to the share insurance fund to cover higher losses at natural person credit unions. Matz said that the premium will keep the equity ratio above 1.2% through December of 2011.

With the uncertainty of the share fund premium out of the way, the NCUA is turning its focus on the legacy assets and new corporate regulations. The combined one-two punch of the legacy asset plan and the new corporate rules must work in tandem with each other to support the credit union industry moving forward, Matz said Tuesday.

"We are approaching a major milestone," she said. "The new corporate rule and legacy assets plan will resolve the problems in the corporates and will help the entire credit union system to break free from the burdens of the recent past and move into a brighter future."

Write to Austin Kilgore.

Wednesday, September 22nd, 2010

The actual figure of the US' national debt is much higher than the official sum of $13.4 trillion given by the Congressional Budget Office, according to analysts cited on Sunday by the New York Post.

"The Government is lying about the amount of debt. It is engaging in Enron accounting," said Laurence Kotlikoff, an economist at Boston University and co-author of The Coming Generational Storm: What You Need to Know about America's Economic Future.

"The problem is we're seeing an explosion in spending," added Andrew Moylan, director of government affairs for the National Taxpayers Union.

In 1980, the debt – the accumulated red ink incurred by the Federal Government – was $909 billion.



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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