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Archive for October, 2010

Thursday, October 21st, 2010

How much damage to the financial system should we expect from what is now commonly called the foreclosure morass, the developing scandal involving document robo-signing (and robo-dockets), completely messed up mortgage paperwork and highly publicized inquiries into accusations of systematic and deliberate misbehavior by banks?

The damage to banks’ reputation is immeasurable. They have undermined property rights — the ability to establish clear title is a founding idea of the American republic. They have mistreated customers in a completely unacceptable manner. If people doubted the need for a new consumer protection agency dealing with financial products — and the importance of having a clear-thinking reformer like Elizabeth Warren at its head — they have presumably been silenced by recent events. (If you need to get up to speed on the basics of this issue, see this series of posts by Mike Konczal.)

But what is the cost in terms of additional likely losses to big banks? The likely size and nature of these are leading to exactly the kind of systemic risks that the Financial Stability Oversight Council was recently established to anticipate and deal with.

Thursday, October 21st, 2010

Here’s a FAQ on the mortgage bond scandal to keep you tided over, since there seems to be a lot of confusion out there.

I’m hearing a lot about foreclosuregate, MERS, moratoriums, bad title, etc. What does this have to do with that?

Nothing. This is an entirely separate, parallel, scandal. The main area overlap is that it gives investors in mortgage bonds one more colorable reason why they should be able to put back their bonds to the banks who issued them—over and above the fact that they have the right to do that if the mortgages weren’t properly transferred.

So this isn’t about legal title to mortgages. What is it about?

Just like the Goldman Abacus case, it’s fundamentally about investment banks’ lies of omission when it came to the investors who were buying bonds from them.

Thursday, October 21st, 2010

The federal regulator overseeing Fannie Mae and Freddie Mac hired a law firm specializing in litigation as the agency considers how to move forward with efforts to recoup billions of dollars on soured mortgage-backed securities purchased from banks and Wall Street firms.

The Federal Housing Finance Agency, which in July issued 64 subpoenas to issuers of mortgage securities, bank servicing companies and other entities, is working with Quinn Emanuel Urquhart & Sullivan LLP, a Los Angeles-based firm that specializes in business litigation, to coordinate its investigations.

In a statement, the FHFA said it is analyzing requested information and that "no decisions for future action have been made." Quinn Emanuel confirmed its hiring by FHFA but declined to comment further.

Since the financial crisis, 400-lawyer Quinn Emanuel has avoided building a banking clientele, making it a top suitor for plaintiffs pursuing banks. The firm has represented MBIA Insurance Corp. in several lawsuits against top U.S. mortgage banks alleging that the insurer was fraudulently induced to cover losses on mortgage-backed securities. Those cases are ongoing.

Thursday, October 21st, 2010

Initial jobless claims fell 4.8% last week to 452,000, which is roughly inline with analysts' estimates but still too high to indicate much change in the job market.

The Labor Department said the seasonally adjusted figure of actual initial claims for the week ended Oct. 16 decreased by 23,000 from the previous week's revised figure of 475,000 that was up sharply from the 462,000 previously reported.

Analysts surveyed by Econoday were projecting claims to drop to 455,000 with a range of estimates between 430,000 and 575,000. A Briefing.com survey put the number of jobless claims at 450,000, and economists polled by MarketWatch expected 450,000, as well.

The four-week moving average inched down to 458,000 claims from a revised average of 462,250, according to the Labor Department data. The seasonally adjusted insured unemployment rate was once again 3.5% unchanged from a revised 3.5%.

Continuing claims declined slightly to 4.441 million from 4.45 million for the week ended Oct. 9. The four-week average of claims by people already receiving benefits fell to 4.48 million, which is the lowest level since December 2008.

Write to Jason Philyaw.

Thursday, October 21st, 2010

PNC Financial (PNC: 59.08 +0.31%) earned $1.1 billion in the third quarter, or $2.07 per diluted common share, as mortgage originations dropped 25% from a year ago.

Earnings nearly doubled the $559 million earned last year and increased 37% from the previous quarter, mostly driven by reducing its provisions for credit losses. In the third quarter PNC Financial set aside $486 million for potential losses, less than half the $914 million in the third quarter of last year.

But total mortgage originations stayed flat from the previous quarter at $2.7 billion and 25% below the $3.6 billion originated a year ago. According to PNC, the decrease stemmed from a significantly higher refinance volume.

Not all banks reported flat origination numbers this earnings season. Wells Fargo (WFC: 29.60 +1.89%) reported record high mortgage loans for the third quarter.

Non performing and foreclosed assets at PNC totaled $5.6 billion by the end of the third quarter, down 4% from the previous quarter.

Loans behind by 90 days or more was flat from the previous quarter at $601 million but down 31% from last year.

Write to Jon Prior.

Wednesday, October 20th, 2010

Bank of America (BAC: 7.29 -0.14%) filed suit against the Federal Deposit Insurance Corp. to recover $1.75 billion for Ocala Funding investors allegedly swindled by Colonial Bank, Platinum Community Bank and Taylor, Bean & Whitaker.

Ocala Funding was a wholly owned subsidiary of TBW formed to finance TBW mortgage originations by issuing short-term notes and purchasing the loans. BofA was the trustee of those notes.

Colonial Bank was the primary lender to the bankrupt mortgage originator TBW, and was taken into receivership by the FDIC when it failed as was Platinum Community Bank, which was owned by TBW before it failed as well.

According to the lawsuit, TBW executives allegedly conspired with Colonial and Platinum to divert funds away from its borrowing facilities such as Ocala to cover up "significant liquidity problems."

BofA attorneys allege TBW and Colonial created false mortgage loan data in order to create the appearance that those loans had been sent to the facilities. This then, allegedly allowed funds to come back to TBW.

According to the lawsuit, TBW also allegedly hid REO properties and defaulted mortgages as collateral for trades sold to the facilities.

A spokesman for the FDIC declined to comment.

The suit was filed in the U.S. District Court in Washington, D.C. on Oct. 1.

Write to Jon Prior.

Wednesday, October 20th, 2010

Credit unions are originating the highest quality mortgage loans so far this year, according to survey results released Wednesday by Quality Mortgage Services. According to the data, nearly 50% of loans originated by credit unions were rated "excellent," meaning their loans had few to no defects.

QMS is a mortgage quality control services firm based in Franklin, Tenn. The survey results were pulled from a sample of the loans the company receives from its clients for audit. QMS took 10% of the loan production volume each month of 2010. The loans were audited for federal regulatory compliance, credit and collateral analysis and mortgage fraud.

Thirty-four percent of loans originated by banks were ranked "excellent" in the survey as well as 22% of non-bank loans. A non-bank lending institution is a mortgage lender that is not regulated by the Federal Deposit Insurance Corp., the Office of the Comptroller or the Currency or the Office of Thrift Supervision.

Non-banks lead the "good" category on the survey, 61% of loans had only minor defects and were still very marketable to secondary investors. Fifty-six percent of banks loans were rated "good," as were 43% of credit union loans.

Loans ranked in the "fair" category were evaluated on a basis of repurchase risk. Results showed 7% of credit union loans, 8% of banks loans and 14% of non-bank loans were viable for repurchase.

A "poor" ranking, according to the survey, constitutes a loan that should have never been approved or originated. Only 0.75% of credit union loans were ranked poor by the QMS survey, alongside 1.1% of bank loans and 2.8% of non-bank loans.

The average credit score for an "excellent" loan originated by a credit union in 2010 was 761, down from 772 in 2009, while the average for a bank originated loan remained the same as a year ago at 755. The average credit score for an "excellent" non-bank originated loan was 737, up from 722 in 2009.

Another important element QMS used in evaluating a loan's rating is the average back ratio. The average back ratio is defined as the total expense for a home against the income and other liabilities associated with a borrower. A lower ratio signifies a strong ability to pay.

The average back ratio for credit unions was 33% in the "excellent" category and 34% in the "good" category. For banks, it was 34% and 36%, respectively. And non-banks rounded out both categories at 35% and 41% average back ratios, respectively.

Write to Christine Ricciardi.

Wednesday, October 20th, 2010

Department of Housing and Urban Development Secretary Shaun Donovan said recent foreclosure problems at some mortgage servicers are not "systemic issues."

Donovan spoke after a meeting among regulators who will review foreclosure processes among the major servicers. Bank of America (BAC: 7.29 -0.14%), JPMorgan Chase (JPM: 37.21 -0.75%) and Ally Financial (GJM: 22.57 0.00%) suspended foreclosures in 23 states after admitting employees signed affidavits without reviewing documents or having a notary present.

The Federal Housing Administration is reviewing servicers for compliance with its loss mitigation requirements, and the review should be completed over the next nine weeks.

The Financial Fraud Enforcement Task Force, led by the Department of Justice will work with 20 federal agencies, 94 U.S. attorney's offices and dozens of state and local offices to share information on foreclosure and servicing practices. All 50 state attorneys general offices have launched investigations of their own.

The Federal Housing Finance Agency directed Fannie Mae and Freddie Mac to force servicers into a review of its processes.

The Office of the Comptroller of the Currency directed all national mortgage servicers to review process as well. The OCC and the Federal Reserve System are examining foreclosure and securitization practices at the servicers as well, including reviews of internal loan modification processes.

The Office of Thrift Supervision has gathered preliminary information from its review of mortgage servicers, and issued letters to all savings associations that service mortgages on Oct. 8, requiring reviews.

The Federal Deposit Insurance Corp. is verifying that servicers it supervises are carrying out proper foreclosure processes and evaluating electronic registration systems.

The Federal Trade Commission is also monitoring servicers and is conducting reviews looking for fraud or foreclosure scams.

The Treasury Department issued a notice to mortgage servicers on Oct. 6 participating in the Home Affordable Modification Program, reminding them of the requirement to exhaust all possible loss mitigation options before foreclosing on a home.

And the Securities and Exchange Commission issued proposed rules designed to create more transparency in securitization disclosures for investors.

"Throughout our reviews, as we uncover bad practices, cutting corners or sloppy processes that disregard or ignore the rights and protections of any homeowner, we're committed to forcing institutions to change the way that they conduct business," Donovan said. "We will not tolerate business as usual in the mortgage market. Every American should expect to be treated fairly, justly, and we will force the changes to make sure that these types of problems don't happen again."

Donovan added that so far the review has shown significant differences among the servicers, and that while some have shown errors in the foreclosure process, others have not.

"Where there have been mistakes made or errors, we will hold those entities, those institutions accountable to stop those processes, review them, and fix them as quickly as possible," Donovan said.

Write to Jon Prior.

Wednesday, October 20th, 2010

What started as a clerical issue is beginning to feel more like the apocalypse. The mortgage finance industry survived the debacle of subprime mortgages, the collapse of commercial paper and market-wide liquidity locks only to be equally impacted by simple documentation errors.

And this is why: for all of the different nuances to the next end-of-the-world moment, one thing remains the same — the reaction. As the problems get smaller, the responses seem to be getting larger.

This is predictable. But what is going to happen next, is not. The definition of a market 'hit' is that you can't see it coming.

In the case of robo-signing, what started as a documentation problem that originally seemed simple enough to repair grew into an issue of state-by-state foreclosure regulations adding issues that crop up only during default, resulting in potential buybacks.

Today in a speech, Charles Plosser, CEO of Federal Reserve Bank of Philadelphia, remarked, "When the next crisis inevitably arises, the cycle will likely repeat itself, with more laws, more stringent regulations and more assurances that — this time — we have eliminated the possibility of bad economic outcomes and have prevented reckless behavior from disrupting the economy."

This is assuming the reckless behavior happened yesterday. But what about reckless behavior happening today? This is what will cause the next hit.

Consider our future without foreclosure — the potential outcome to recent events.

In an effort to end these shameful practices of taking possession of homes from borrowers who don't pay the mortgage, we can't see the forest for the trees.

For example, short sales are already growing in popularity. Before the Foreclosuratoria carnival came to town, REOs represented approximately 30% of all distressed sales — steadily losing market share.

Short sales are expected to be taking market share and will likely fill the gaps once new laws make foreclosures much more difficult.

But nothing is being done industrywide to ensure these short sales are closing cleanly, in an effort to prevent aggravation at a later date.

Just last night, while watching House Hunters on HGTV, the couple purchasing a short sale seemed to be paying an inflated price. One wonders why the price on a $210,000 valued short sale is being sold for $190,000 or so; 10% below market does not seem to fit HGTV's definition of a short sale where buyers "get a lot of house for not a lot of money," the episode synopsis says.

I can't help but wonder if this time next year borrowers Chris and Lali get the feeling they may have been duped and claim the price was artificially high and decide to take the bank (not the agent, of course) to court.

Soon, press reports will follow, citing the hazardous and predatory short sale practices that went unchecked for the second half of 2010 and well into 2011. The banks will then halt short sales, at first voluntarily, then later….

The point is that both foreclosures and short sales, perhaps even all loans, should be reviewed today in an effort to suss out potential problems in the future.Why wait for a default event before getting to that stage?

For example, even though short sales will be booming, the establishment of an arbitration resolution process seems to be considered unnecessary in mortgage finance — which is fine but in a future without foreclosures, the only ones who are going to see continual profits are those involved in litigation.

Meanwhile correcting the flaws in the foreclosure documentation will take time, and this will likely keep everyone focused on this issue while the next big hit begins loading up.

At some point we will have to stop looking at the mistakes we made yesterday or even today, but rather at the mistakes that may surface sometime tomorrow.

Jacob Gaffney is the editor of HousingWire.

Write to him.

Wednesday, October 20th, 2010

Real estate brokers and agents are feeling negative about the outlook for the housing market, according to an index that measures current, short-term and long-term sentiment.

The U.S. Real Estate Confidence Index dropped by 8.42% in September over August to 4.42 on a scale of 1-10 with 1 being the worst and 10 the best. When compared to September 2009, sentiment plunged by 23.5%.

The seasonally adjusted index is at its lowest level since Vancouver-based Point2 began to track brokers' future expectations.

Point 2 began tracking U.S. agents' future expectations for the real estate market in June 2009. The RECI’s only three-month drop to date was recorded between December 2009 and February 2010.

Sentiment over current market conditions dropped to 3.94 on the scale, down 9.43% over last month and 22% over the same period a year ago.

The short-term outlook (three to six months), hit a new low, settling at 4.2, down nearly 10% over last month and 26% compared to September 2009.

The long-term outlook (six to 12 months) dropped for the third consecutive month and recorded a new low of 5.24.

The average of all three variables makes up the overall RECI score for the month.

Point2 said 1,139 brokers and agents completed the September survey.

Write to Kerry Curry.



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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