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Archive for September, 2010

Monday, September 20th, 2010

A year into its First Look program, Fannie Mae vendors have sold 29,000 REO properties to owner-occupants and 5,000 to public entities under the Neighborhood Stabilization Program.

Fannie launched First Look in August 2009 to allow both owner occupants and those using NSP grants to submit offers 15 days ahead of investors. Fannie extended it to 30 days in Nevada.

"While investors play an important role in the REO market, homebuyers who intend to occupy a home make an immediate and lasting commitment to the community and therefore merit priority consideration in the REO sales process," said Jay Ryan, vice president for alternative REO dispositions at Fannie Mae.

Roughly 70% of the 123,000 Fannie Mae REO sales in 2009 went to owner-occupants. Not all of those were sold through the First Look program.

More than 800 public entities using the more than $7 billion in NSP grants have made purchases through First Look. Ryan said these entities are also working to rehabilitate and stabilize neighborhoods.

Write to Jon Prior.

Monday, September 20th, 2010

Ally Financial, formerly GMAC Mortgage, said previous reports of a foreclosure moratorium in 23 states are not true, and it is instead addressing an issue raised with the execution of one or more judicially required forms.

"In fact, all new residential foreclosures are continuing in the ordinary course of business with no interruption to our usual practice," James Olecki, a spokesman for Ally Financial, told HousingWire.

Instead, the company is directing its outsourced vendors to allow time to address a potential issue raised on a number of existing foreclosures. GMAC Mortgage asked its brokers to suspend evictions and REO closings on foreclosures that could have been impacted by the internal procedure issue.

"We are also reviewing certain previously completed foreclosures where the same procedure may have been used," Olecki said.

All but only one of the states in the original GMAC memo were considered "judicial foreclosure" states by analysts at Barclays Capital. The exception being North Carolina. BarCap didn't think the announcement is a prelude to a multi-state class action lawsuit similar to the one filed against Countrywide, considering heavy foreclosure states such as California, Nevada and Michigan were not on the list.

Olecki could not comment on the merits of the challenges lobbed toward its foreclosure procedures because some of them are in litigation, though he did say there was no link between this announcement and the case with American Residential Equities, which alleged GMAC mismanged REO that ARE owns.

"These delays are expected to be resolved within the next few weeks and certainly before year end, without serious consequence," Olecki said. "GMAC Mortgage has been addressing the procedural challenge for more than three months. In all other respects, the mortgage business is operating as usual."

Write to Jon Prior.

Monday, September 20th, 2010

The Federal Deposit Insurance Corporation has received all bids in the auction of AmTrust Bank, communications representative Greg Hernandez told HousingWire today.

He could not disclose which companies extended bids for the deal, but did say the FDIC was in the process of finalizing closing dates. The announcement on the AmTrust bid winner will be released in the next week or two.

MetLife Bank was rumored to have a bid in on the deal, but spokesman David Hammarstrom said, "Our policy is we don't comment on rumor and speculation in the market place. We have absolutely no comment at all about the situation."

The FDIC took over AmTrust in December 2009 when the bank failed. The bank had 200 loans with an unpaid principal balance of $1.3 billion and 80 REO properties worth $382 million at its time of closing.

REO Insider reported that PMO Loan Acquisition Venture, a joint venture between Toll Brothers, Milestone Merchant Partners and other funds managed by Oaktree Capital Management, will purchase a $1.7 billion portfolio of AmTrust's assets.

In mid-July, the FDIC sold $898 million of distressed AmTrust assets to Residential Credit Solutions, CarVal Investors and RBS Financial Products.

Write to Christine Ricciardi.

Monday, September 20th, 2010

Home prices stabilized in August, but homebuyer interest continues to fall, according to a Campbell/Inside Mortgage Finance (IMF) survey of more than 1,500 real estate agents.

Average prices increased 6.3% for damaged REO and 2.5% for refurbished REO. Prices also increased 3.8% for short sales. Non-distressed home prices showed a slight 0.9% decline for the month.

But first-time, current and investor buyer interest all declined, according to the survey, an indication that pricing hasn't fallen far enough to meet what demand remains after the expiration of the homebuyer tax credit.

"We’re in transition," said Thomas Popik, research director for Campbell Surveys. "Individual homeowners listing non-distressed properties and mortgage servicers listing distressed properties are holding out for prices established before the end of the tax credit. Meanwhile, only a few homebuyers are willing to transact at these prices – and these are the transactions going into the averages. That’s why we saw such declines in traffic and volume in today’s market."

Surveyed agents commented that sellers of non-distressed properties are "strongly resisting" low-ball offers, sometimes not even giving counter-offers. But with many while some informed buyers continue to move forward, interest is falling.

"It's like we hit a brick wall," said one respondent in Indiana. "The market has almost come to a standstill. First part of the year was great and we actually saw a slight increase in home values. Now listings are reducing their prices – if we can even get an offer, it's a low offer."

Write to Jon Prior.

Monday, September 20th, 2010

Legendary Dallas Cowboys Quarterback Roger Staubach remembers buying his first house in the Dallas-Fort Worth area for $49,500 area after joining the team — with a $25,000 salary in 1969.

Staubach shared football stories with REO professionals and related them to his 30-year career in the commercial real estate industry during Monday's keynote luncheon speech at the Five Star Default Servicing Conference and Expo under way this week in Dallas.

Staubach, who played for the Cowboys from 1969-1979 and coined the famous phrase, "Hail Mary pass," went to work in the off-season for Henry S. Miller Co., noting that "they didn't pay quarterbacks then what they do today."

The experience propelled him into the commercial real estate industry via mentor Henry Miller, who he equated with his Cowboys mentor and coach, Tom Landry, two men of similar demeanors with high integrity.

Staubach went on to create The Staubach Co. in 1977, a highly successful commercial real estate services firm with 1,600 employees and more than 60 offices that was acquired in 2008 by Jones Lang LaSalle.

Staubach serves as chairman emeritus at JLL. Noting that he's also recently secured his own dog, he quipped, "I'm enjoying the fourth quarter with Jones Lang LaSalle."

Staubach commiserated with the crowd, noting that the difficulties in the residential market are similar to problems the commercial sector also faces.

Success, he said, comes in part from great teamwork and setting aside personal agendas. Such was the case with the 1971 Cowboys, whose season propelled them into Super Bowl VI, where they defeated the Miami Dolphins, Staubach said, while telling football tales from that season and how talented players needed to work together to succeed as a team.

"I learned a lot about teamwork and resiliency and perseverance in football," he said, "and that translates well into business."

Write to Kerry Curry.

Monday, September 20th, 2010

U.S. mortgage bonds without government backing held near the highest prices in two years last week even as sales soared to the most in more than a month.

Dealers asked for bids on about $7 billion of the securities, up from less than $2 billion the previous week as “investors sought to take profits or clean up their balance sheets,” according to JPMorgan Chase & Co. analysts.

“Pricing remained more or less flat through the heavy volume, indicating that there is strength at these levels,” the New York-based analysts led by Edward Reardon and John Sim wrote in a Sept. 17 report.

Monday, September 20th, 2010

Mortgages insured by the Federal Housing Administration accounted for 37% of all originations in 2009, up from 26% in 2008 and 7% in 2007, according to the Federal Financial Institutions Examination Council.

The FFIEC develops principles and standards for other government bodies such as the Federal Reserve System, the Federal Deposit Insurance Corp., the Office of the Comptroller of the Currency and the Office of Thrift Supervision in order to examine financial institutions.

The FFIEC archived data on mortgage lending transactions on 8,124 U.S. financial institutions covered by the Home Mortgage Disclosure Act (HMDA). The data includes nearly 15 million applications, which resulted in 9 million mortgage originations.

The new FHA Chief Risk Officer Bob Ryan recently told HousingWire that he expects newer mortgages insured by the FHA to perform better than older vintages. However, some have suggested recent policy changes for the FHA insurance fund will not be enough to bring it back to good health.

The Federal Reserve held the third of four public hearings Thursday on the potential revisions to Regulation C, which implements the HMDA.

The HDMA data highlights the market's growing reliance on loans backed by the FHA.

The number of institutions reporting data to the FFIEC fell 13% from 2008, but the total number of originated loans increased 25% to 1.8 million. According to the FFIEC, this increase came from a 67% increase in refinancing. With the FHA launching its Short Refinance program this month, it is possible the reliance on government support will only grow.

Home purchases backed by the Veterans Administration increased to 6.7% of the origination market in 2009, up from 4.9% in 2008 and 2.7% in 2007.

According to the data, blacks and Hispanics had "notably higher gross denial rates" than whites and Asians.

Write to Jon Prior.

Monday, September 20th, 2010

The Securities Exchange Commission voted unanimously over the weekend to propose regulation that would increase transparency between investors and public companies about short-term borrowing arrangements. The SEC wants companies to disclose short-term transactions as they happen instead of the current reporting standard where the info is delivered at the end of the period.

"As the Commission has long advised, disclosure about liquidity and capital resources is critical to assessing a company's prospects for the future, and even the likelihood of its survival," said SEC chairman Mary Schapiro. "Investors would be better able to evaluate the company's ongoing liquidity and leverage risks."

Short-term borrowing is a process companies use to fund certain, timely operations and involve loans that generally mature in a year or less. They come in many forms including commercial paper, repurchase agreements, letters of credit, promissory notes and factoring. Due to their short-period nature, a company's use of this kind of financing can fluctuate significantly during a reporting period. The SEC said some businesses use a technique called "window dressing" to favorably portray their use of these funds and eliminate reported debt.

Under the proposed regulation, a company would have to provide quantitative information for each type of short-term borrowing it uses, including the amount outstanding at the end of the reporting period and the weighted average interest rate on those borrowings, the average amount outstanding during the period and the weighted average interest rate on those borrowings, and the maximum amount outstanding during the period.

Along with the data, the rules require context to be given as well — a general description of the short-term borrowings arrangements included in each category and the business purpose of those arrangements, the importance to the company of its short-term borrowings arrangements to its liquidity, capital resources, market-risk support, credit-risk support or other benefits, the reasons for the maximum reported level for the reporting period.

Financial and non-financial institutions would be governed differently. The former would be required to provide averages calculated on daily average basis and the latter would be permitted to calculate averages using an averaging period.

All disclosures would be outlined in the Management's Discussion and Analysis of Financial Condition and Results of Operation (MD&A) section of a company's quarterly and annual reports. The Commission also voted to issue an interpretive release that will provide guidance about existing requirements for MD&A disclosure about liquidity and funding.

The announcement was made one day after the SEC defended its stance to refrain from disclosing certain information to companies under the Freedom of Information Act at a House hearing.

Write to Christine Ricciardi.

Monday, September 20th, 2010

Despite my status as an influential finance and housing economics writer, I’m not very different from many U.S. homeowners these days: my home has lost value versus my purchase price, and as of late I’m watching foreclosures spring up in my neighborhood.

No, I don’t live in California. I live in an upscale community in Keller, Texas — a boomburb in the Dallas-Fort Worth metroplex that in 2009 was ranked by Money magazine as one of the top 10 “best places in America” to live. It’s still a great place to live, but even towns like Keller — rated as one of the nation’s richest cities by the American Community Survey — are now facing substantial challenges with a housing crisis that is more about a lack of jobs than anything else.

As of this past week, the house next door to me is in foreclosure — and that, after watching a house five doors down enter into the same fate just a few months back. The effects of these foreclosures are already being felt throughout this block, and certainly within the rest of this high-end community of homes.

For this writer — who has spent most of his career covering housing — this represents the first time I can say I will watch a property go through foreclosure start-to-finish from the comfort of my own back porch.

An ‘oasis’ away from the nation’s housing crisis

As the rest of the nation fell into financial crisis in 2006 and 2007, and California, Florida and Las Vegas watched homes enter into defaults at a massive clip, Keller seemed a relative oasis of calm far away from the storm. Residents here used to mull over neighborhood barbeques about what they were hearing about a housing market seemingly so distant from our own, and how it would never happen here. After all, prices had remained coherent in Keller during the ga-ga years of 2000-2005. Nobody had seen prices run up, and if anything prices remained mostly flat during that same timeframe.

In fact, so many in our neighborhood — a newer community in the town — were from California and had sold out and left in 2005 and 2006, the town has unofficially taken the name ‘Kellerfornia’ among many residents that had relocated here. As proof, our house is far from the only one flying a University of Southern California flag on Saturday mornings in the fall (I’m a proud graduate of the university’s business school, and studied for my doctorate there as well).

Back in 2005, when I chose to relocate my family here from Southern California, Keller was booming, and home builders were building — and home prices were far below the absurd levels my wife and I were looking at in towns like Irvine and Huntington Beach, California. Our home was one of hundreds of new homes built by Toll Brothers and Standard Pacific, in a community that — 5 years later — is still being built out.

Median single family home prices in Keller have fallen from $220k in November of last year to $204k today, according to data provided to me from Altos Research. In the same time frame, inventories of properties for sale have soared.

If you didn’t know any better, based on the charts above, you’d think we lived in a market inside California that had seen massive imbalances in supply and demand, the result of an unsustainable housing boom.

‘Honey, is that a foreclosure?’

It wasn’t until the neighborhood’s first foreclosure appeared on the market that real problems started to appear in our neighborhood. That house, five doors down from my own, was the result of the husband losing his job and being unable to afford his mortgage. One day, it was pretty clear that everybody had left the house behind. My wife came home from work and noted the property’s run-down condition and asked ‘honey, is that what a foreclosure looks like?”

The answer was yes. When this former neighbor left, he took everything — because he was angry that the bank had refused him a loan modification that he felt he was entitled to.

And I do mean everything: light fixtures, sinks, the dishwasher, electrical sockets, wood flooring — you name it, he took it with him. I remember seeing a U-Haul truck in front of the house for three days, wondering what was going on. Now we all know. I’ve heard from the agent listing the property that the bank has put $35k in repairs into the property, and will list it next week for $10 less per square foot than the already-thin comps our community has.

Most residents in our tight-knit neighborhood tended to think this was a one-off case. After all, this former neighbor was more than a little eccentric in his approach to everything: he once ripped up his sodded lawn in favor of astro-turf so he wouldn’t have to water it. (And, ostensibly, because he needed to practice his putting.)

But a month ago, the ‘one-off foreclosure’ theory was nixed. I noticed that the house next door to ours was in major disrepair: grass growing wildly, ant mounds throughout the front yard, trees knocked over by a recent wind storm, fences that simply were falling apart. Yet nobody appeared to ever be home — and these were neighbors we had shared meals with in the not-so-distant past.

This past weekend, crews were out front mowing the lawn, and huge “FORECLOSURE” and “DO NOT TRESPASS” signs were taped to the front and back windows of the property. After making a few phone calls, I found out this property also was headed back to the bank, and would likely be listed for roughly $15 per square foot below what had been the general selling price for homes in the neighborhood.

Stuck in the middle

I spoke with an appraiser in our neighborhood recently, who noted that while these two foreclosures hadn’t yet entered into the price equation, two other ‘quiet’ short sales already have. I learned that two distressed homeowners sold their homes below what they had paid, but that the sales weren’t marked as a ‘short sale’ in the MLS, because the agent wanted to avoid the stigma of a short sale within our community.

Stigma or not, the final selling price of these ‘quiet’ short sales impacts the rest of the community. Especially when there are only five resale comps in total to rely upon in our area (the rest being new sales).

Residents who live within our community in Keller say these foreclosures and short sales aren’t a real issue in terms of resale prices, since very few of us have any intention of moving any time soon. We like the community we live in. But the pop-up of housing difficulties on our pristine shores here in ‘Kellerfornia’ are certainly an issue psychologically, if not financially.

Refinancing has certainly become a more difficult challenge for most in our community, simply because the LTV ratios are now different and less favorable. Other neighbors who planned to put in a new pool, for example, in order to follow with a refi relative to the value they just would have added to their property, are finding such strategies now dead in the water.

These are first-world problems, to be sure. But the fact that the nation’s foreclosure mess is popping up even in enclaves of America where it would least be expected ought to serve as a warning sign to our nation’s policymakers: mess with the workings of our nation’s housing markets at your own peril. The longer we drag this mess out, the further it will spread.

Paul Jackson is the publisher of HousingWire and HousingWire.com. Follow him on Twitter: @pjackson

Monday, September 20th, 2010

Fannie Mae officials are urging mortgage lenders start implementing new processes to ensure their loans meet the 400 or so eligibility criteria before federal mandates take effect around this time next year.

Speaking today at the MBA's first mortgage operations conference in Grapevine, Texas, Angela Benton, vice president of single-family loan acquisitions at the government-sponsored entity, said there are about 500 data points within Fannie's new Uniform Loan Delivery Dataset.

"We want to do whatever we can to accommodate customers as you move to the new standards," Benton said. "You're better off knowing now what to do and how to do it, then you'll be when the new mandates start in November 2011."

She said there are 97 required data points for all loans to be delivered to a GSE and lenders need to update their systems to account for new points that may not be included currently. But Fannie Mae, Freddie Mac and other federal entities have specific requirements for loan submissions. There are 182 conditional requirements, 101 conditionally independent requirements, and 120 optional requirements that may eventually become mandates, according to Benton.

"We feel these should reduce time and costs by incorporating one set of loan standards," Benton said.

Fannie plans to launch a new test tool Nov. 1 to allow lenders time to test drive the new format for submitting an individual loan or pool of loans to the GSE. Fannie will begin accepting files in the new XML-file format Nov. 22, and the 2,000-character file for delivery will be phased out entirely Sept. 1, 2011.

Rosemary Norwood, Fannie's director of technology account management for lenders in the eastern regional office in Philadelphia, said the new initiatives focus on improving data flow between customers and GSEs.

"Loan quality is an ongoing initiative, not just a one-time thing," Norwood said. "Data validation continues to be an increasing important step in the process" for delivering loans for GSE approval.

She said data validation and verification are of high priority. Lenders need to have loan data at close match data from origination and eventually match data at delivery to the GSE or the loan won't be eligible for GSE backing come January.

Norwood said Fannie's EarlyCheck tool can help lenders implement a view of the required data to catch errors and provide ample time to fix them before delivery to the GSE.

"A decrease in the number of post-acquisition errors we find lead to less repurchases over time," Norwood said.

Timothy Davis, Fannie Mae vice president, single-family loans and MBS servicing, said erroneous data in the GSE's mortgage insurance book led to double-digit percentage changes in its book of business; changes to financial reporting "in the double-digit billions of dollars" and character violations "in the single-digit billions of dollars."

Write to Jason Philyaw.



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