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Archive for October, 2010

Friday, October 22nd, 2010

When I walk into attorney Frank Marciano’s second-floor office overlooking a vibrant intersection of Hoboken, N.J., he is on the phone with a potential client.

“It’s hard to tell you the one thing you don’t want to do is your best solution,” says Marciano, his compassionate eyes giving balance to his emphatic, booming voice. “Sell your house.”

Marciano has spent nearly a half-hour listening carefully and offering the same advice to this man who has nowhere to turn. He took out a loan a few years ago on the house he has lived in for over 30 years — once paid for — and cannot meet the steep payments that come with a 12% interest rate. He is a laborer whose income has dipped considerably in this economy and is hoping Marciano can assist him in his quest to refinance, but his troubles are tied to the credit problems he’s developed because of this bind.

“Walk away before this loan eats away at your equity,” Marciano says, heartened by the fact that he has triple the equity he needs to come out respectable. “If you wait, you’re going to be at ground zero and worse off. There are worse things than renting. Your mental health is the most important thing.”

Friday, October 22nd, 2010

Is Fort Lauderdale’s waterfront becoming a rogue’s gallery?

Water taxi drivers, who once highlighted celebrity homes, are now sprinkling in famous fraudsters such as disbarred attorney Scott Rothstein, whose home in Las Olas Isles was seized after his $1.2 billion Ponzi scheme was exposed.

The water taxi tour also points out the $15 million home of foreclosure attorney David Stern, and his yacht, dubbed Misunderstood.

Stern’s home is such a massive landmark on the Intracoastal Waterway that it was mentioned on the tour before Attorney General Bill McCollum started his recent investigation into his firm's alleged mishandling of tens of thousands of foreclosure cases.

Friday, October 22nd, 2010

Executives at several regional banks said this week that they have done what they could to resolve credit losses and now must wait on the economy before making more progress.

BB&T Corp., SunTrust Banks Inc. and TCF Financial Corp. are among a growing number of banks that claim to have pulled all the available levers, from tighter underwriting to aggressive asset sales, to rein in nonperforming assets.

Friday, October 22nd, 2010

Yesterday the regulator for Fannie Mae and Freddie Mac put out a forecast of how much the two mortgage giants would cost taxpayers through 2013.

It drew three different scenarios based on home prices staying as they are, improving and deteriorating.

After the news hit, there was much consternation at the Treasury Department because many news outlets went with that big worst case scenario headline of the big bailout costing $363 billion. That number does not take into account 10 percent dividends that Fannie and Freddie are required to pay back to the government as part of the deal.

"Those dividends are specifically designed to compensate taxpayers and make sure taxpayers are paid back," Asst. Treasury Secretary for Financial Institutions Michael Barr told me.

They will also keep Fannie and Freddie from ever turning a profit. Barr wanted to make sure I knew that under the "baseline" or current stay-the-same scenario, nearly 90 percent of the losses have already happened. We're only looking at about $19 billion more if the housing crisis ends quickly.

Friday, October 22nd, 2010

A trade group representing commercial real estate interests is reporting that a recent exchange between Sen. Bob Corker (R-Tenn.) and Sheila Bair, chairman of the Federal Deposit Insurance Corporation, is creating confusion in the market over final safe harbor, risk-retention rules for securitizations.

John D'Amico, recently named chief executive of the CRE Finance Council, sent a letter to Bair saying implementation of the FDIC's safe harbor rules appears to supplant Dodd-Frank until 2013. Therefore, the structure, timing, and eventual enforcement of safe harbor is leaving uncertainty in a market that is slowly coming back to life.

"While it has been correctly asserted that some asset classes, such as residential mortgage-backed securities, remain dormant, we believe it is important to note that the CMBS market is showing signs of revitalized activity, which makes deliberate and coordinated policy and implementation by asset class even more crucial at this critical time," D'Amico said in the letter.

This year, there have been seven CMBS deals completed with a total issuance of $4.5 billion through the third quarter, according to the council. CMBS issuance for the fourth quarter will likely range between $4 billion and $8 billion with as much as $35 billion of coming in 2011.

But meeting these goals requires regulatory certainty, and the CRE Finance Council is currently working on a 'best practices' set of guidelines for the industry. The FDIC, it appears, is slowing the release of that guidance.

The final safe harbor rule was effective Sept. 27. Since then, CMBS market participants actively considering deals and planning related to lending and investment have become confused by the following exchange that occurred at a hearing of the Senate Banking, Housing, and Urban Affairs Committee on Sept. 30:

Sen. Corker: "This whole issue of securitization was one that I think we were all trying to understand how this 5% retention would work. And I do look forward to talking to each of you. This is obviously – especially in the commercial side, I mean there’s just nothing happening right now. And…"

Chairman Bair: "We don’t – it doesn’t apply to commercial."

Additionally, D'Amico points to technical abutments between safe harbor and Dodd-Frank

"The Dodd-Frank act instructs that the regulations to be promulgated thereunder 'become effective … two years after the date they are published in final form in the Federal Register, for assets other than residential mortgages.' Thus, the implication of the auto-conform provision is that the risk retention rules adopted pursuant to Dodd-Frank will not supplant those in the safe harbor rule until April 2013," according to D'Amico.

Jacob Gaffney is the editor of HousingWire.

Write him.

Friday, October 22nd, 2010

Right on the heels of a foreclosure fiasco that saw a number of firms impose temporary moratoriums to sort out faulty procedures, the latest crisis in the banking sector relates to mortgage “putbacks,” or investors pushing companies to repurchase loans that were packaged into mortgage-backed securities (MBS).

This isn’t some ragtag band of bondholders trying to get a quick payday — the group includes BlackRock, Pimco and the New York Fed – but even if they prove successful it’s unlikely the banking sector is going to be hit with the $130 billion tab someworst-case projections have suggested.

For one thing, BofA and its ilk are not just going to roll over to demands from MBS investors; BofA chief Brian Moynihan has already vowed to fight back at unfounded claims. For another, the $130 billion figure is likely several times larger than the ultimate costs.

Friday, October 22nd, 2010

Clear Capital said a 6%, two-month decline in home prices represents a magnitude and speed not seen since March 2009.

“Clear Capital’s latest data through Oct. 22 shows even more pronounced price declines than our most recent (Home Data Index) market report released two weeks ago,” said Alex Villacorta, senior statistician with data analytics firm. “At the national level, home prices are clearly experiencing a dramatic drop from the tax credit-induced highs, effectively wiping out all of the gains obtained during the flurry of activity just preceding the tax credit expiration.”

Prices are now at the same level as in mid-April, two weeks prior to the expiration of the federal homebuyer tax credit. The drop, in advance of typical winter housing market slowdowns, paints an ominous picture that will likely show up in other housing indices in the coming months.

If previous correlations between the Clear Capital and S&P/Case-Shiller indices continue as expected, the next two months will show a similar downward trend in S&P/Case-Shiller numbers.

Clear Capital uses rolling quarter intervals that compare the most recent four months to the previous three months. The rolling quarters have no fixed start date and can be used to generate indices as data flows in, the multi-month lag time experienced with other indices.

See chart below:

Write to Kerry Curry.

Friday, October 22nd, 2010

The Federal Deposit Insurance Corp. is bringing $500 million of commercial mortgage-backed securities to market before the end of January, if not before the end of this year.

Earlier this week, The Wall Street Journal reported the FDIC was prepping the sale, citing people familiar with the deal, as the regulator begins the process of shedding real estate assets it acquired from failed banks.

The FDIC, which isn't commenting on the sale, used to sell distressed real estate assets through partnerships. But the regulator now moves to bundle the loans and offer them through CMBS just as the market is showing signs of life and yields reach the lowest rates of the year.

Sources did confirm to HousingWire that the FDIC is planning to sell the CMBS soon. In late July, the FDIC sold $409 million of residential mortgage-backed securities from assets acquired from 16 failed banks.

Last week, the National Credit Union Administration sold roughly $4.38 billion of residential mortgage-backed securities. Barclays Capital led the negotiated sale. The notes carried gilt-edged ratings due to full faith and credit pledge of the U.S. government.

The sale furthers the NCUA plan to divest itself of about $50 billion of troubled assets it acquired upon taking a handful of credit unions into conservatorship.

Write to Jason Philyaw.

Friday, October 22nd, 2010

Foreclosure auctions in the Chicago metro area rose by 45% in the third quarter, compared to the same period a year ago, according to Woodstock Institute, a nonprofit fair-lending advocate.

There were 9,312 foreclosure auctions in 3Q10. To date, the Chicago metro area has had 26,870 foreclosure auctions, according to the report.

The region recorded 19,750 foreclosure filings for the quarter, up 28% over the year-ago period. Woodstock Institute said 58,962 properties received a foreclosure filing in the first nine months of 2010, up 28% over the first nine months of 2009.

The data shows that 95% of the completed foreclosures went back to lenders as REO instead of selling to a third-party buyer at auction.

Earlier this week, Cook County Sheriff Thomas Dart said he would not carry out evictions involving Bank of America (BAC: 7.29 -0.14%), Ally Financial (GJM: 22.57 0.00%) and JPMorgan Chase (JPM: 37.21 -0.75%) BofA, Ally and JPMorgan Chase suspended foreclosures in 23 states, which includes Illinois, as they review affidavits signed without proper review or a notary present. Cook County is the most populous county in the Chicago metro area.

Write to Kerry Curry.

Friday, October 22nd, 2010

The Rite Way Servicing Company sits in a quiet neighborhood in Brooklyn just a few minutes off the highway and easy to find. The commuter trains out of Manhattan stop nearby, and so does the subway. Any homeowner that has a loan with Rite Way can get there easily if they want to, and many of them do.

The company has its first floor set up to accommodate the different types of business that its customers need to transact. One set of counters takes applications for new mortgage loans, a second takes in checks and cash from customers that like seeing their bank every now and then—some of the older customers still like that—and a third works with borrowers that have fallen behind on their payments. The counters are fully staffed, and judging by the demeanor of the men and women there, the staff seems to enjoy the work. And they seem to enjoy each other. Every now and then when a customer asks a question that’s new to the agent, you will hear a call for Joe or Beth, and a colleague will come over to consult.

I should also mention the rows of armchairs where customers can sit and wait, and the area in the corner of the floor with a soft mat and toys where children can play while their parents take care of business. These areas are empty most times, except on the odd Saturday, since the lines at the different counters move quickly. Still the company provides the chairs and keeps them straight and clean to make the customers feel welcome.

This does sound a little ideal, but most of the company’s business actually gets done on the upper floors by people answering telephones or in front of computer screens.

You don’t service loans spread across the country from a few counters in Brooklyn.

Still, the staff answering phones or e-mail seems just as energetic and knowledgeable as the staff downstairs—some of that likely explained by the classrooms on each floor, usually full. Things change in the mortgage business quickly, so you need to keep up.

The company philosophy is to keep up a good relationship with the customer all along the way so that if things do get tight, the customer trusts you enough to ask for help.

That can work out for the company, too. You can fix things before they get too far. Once a year, for example, Rite
Way holds a job fair for customers facing a tough time. Good for customer and company.

Finally, there is the top floor of the building where all the computer programmers work. The servicing business involves so much data and paperwork that nothing could get done without the programmers. The secret to the servicing business is that the programmers are the stars. They manage to turn all the paper into electronic files so that any associate taking a call from a customer can pull up copies of applications, contracts, comments from past calls or anything else in the customer’s file. And the programmers have written widgets that read a customers file and help the associates see if a new applicant qualifies for a loan, or if an existing customer qualifies for a payment plan or modification or something else. That way, even on the busy days, the work flows easily.

The Rite Way Servicing Company in many ways captures an ideal about how mortgage servicing should work. But it also involves a very sizable practical problem that should be clear by now to the discerning reader: it is entirely imaginary.

The Rite Way Servicing Company does not exist.

While many mortgage servicing companies share one feature or another with Rite Way, few have turned out to be ready for today’s mortgage market. Delinquency, default and foreclosure have forced mortgage servicers to engage with their customers, not just with their money. It has forced servicers to deal with problems that change from one customer to another. That is not the way most servicers were built.

Mortgage servicing for years focused on efficiency. Scale and volume were everything. Mortgage servicers get paid a fixed percentage of each loan handled, so each servicer worked to get progressively bigger and to lower their average cost. Competition pushed the business in that direction, too.

With all the news about mistakes in loan applications and underwriting, or in the records of loan ownership and in documents filed in foreclosures, we can see the stresses that today’s market puts on businesses built for speed and volume.

The mistakes in underwriting have already led many lenders to buy back those loans.

And the mistakes in recording ownership or in foreclosure documents will probably mean spending more time and money to correct those mistakes before moving on. We can imagine what mortgage lending should be, but this latest episode is a reminder of all the time and money it will likely take to get there.

Steven Abrahams is Managing Director and Head of MBS and Securitization Research at Deutsche Bank Securities. This article is originally published by Deutsche Bank in The Outlook in MBS and Securitized Products.

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Servicing/Default
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