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Archive for October, 2010

Wednesday, October 20th, 2010

Fannie Mae continues to expect sluggish job creation and modest consumer spending to dictate economic growth through this year and next.

In its October economic outlook, the government-sponsored entity's economics and mortgage market analysis group said the economic outlook remains clouded. The GSE sees growth of less than 2% as 2010 closes, with modest gains in the first half of next year and a "strengthening" in the second half of next year.

Fannie Mae continues to forecast 2.2% growth for all of 2010 with 2.5% growth for 2011. Those are the same estimates the GSE provided last month, when it said a "housing bottom proves elusive.

"The labor market has yet to make significant progress, which is the primary reason for our continued weak growth forecast," Fannie Mae chief economist Doug Duncan said. "With economic growth slowing, job creation also has been tepid, keeping the unemployment rate high.  Housing sales will likely be soft until the labor market strengthens.

Write to Jason Philyaw.

Wednesday, October 20th, 2010

The Century 21 franchisees are taking Century 21 Real Estate Corp. and its parent company Realogy Corp. (formerly known as Cendant) to trial after the New Jersey Appellate Division choose not to hear the case appeal last week.

In 2002, the franchisees filed a class-action lawsuit against Century 21 Real Estate Corp. and its parent company for alleged noncompliance with contract agreements. In an August ruling, New Jersey Superior Court Judge Robert Brennan approved the motion to go forward as a class-action, saying the franchisees had an interest in ensuring that Cendant abides by the franchise agreement.

Cendant sequentially filed a motion to appeal that was denied last week.

Century 21 was purchased by Cendant in 1995. The complaints referenced noncompliance from the time Cendant acquired Century 21 to when the case was filed.

Century 21 franchisees contributed annually to a National Advertising Fund that it alleges was supposed to be used for national marketing of the franchisees. The fund, which derived $40 million annually, was instead used for Cendant's own benefit it is claimed — and also supported Century 21 competitors Coldwell Banker and ERA. Coldwell and ERA are wholly owned subsidiaries of Cendant.

"As a result of Cendant's actions, Century 21 franchisees have suffered damages that may total in the hundreds of millions of dollars," said Robert Schachter, plaintiff attorney from Zwerling, Schachter & Zwerling.

Spokesman for Century 21 corporate, Matt Gentile, denies the allegations made against the corporation said in an official statement. "We categorically reject the claims made by plaintiffs' attorneys and will continue to aggressively defend this case."

Under the ruling last week, the case will continue as a class-action lawsuit, but a trial date has not been set.

Write to Christine Ricciardi.

Wednesday, October 20th, 2010

If one word best summarizes the current housing market, "foreclosure" would be it.

Despite record-low interest rates, American homeowners are losing their properties with greater frequency than at any time since the Great Depression.

Yet banks and other financial institutions, until very recently on track to seize 1.2 million homes by the end of this year, are facing growing pressure to impose voluntary nationwide moratoria on foreclosure repossessions and sales. If they don't do the job themselves, say critics, government should do it.

Several major lenders in fact have ceased property seizures in the wake of widespread revelations of foreclosures lacking proper documentation. The calls for action are understandable. Yet a moratorium, rather than restore integrity to our financial system, would further imperil it.

Wednesday, October 20th, 2010

The economy continued growing between September and early October but at a modest pace, according to the Federal Reserve.

Still, the Beige Book, which gathers anecdotal evidence of economic conditions in the dozen Fed districts nationwide, showed lingering weakness in the housing market with lower home sales in most districts.

"There were scattered reports of some improvement in sales in a few districts, however," the central bank said. "Philadelphia noted an increase in sales of existing homes, and Richmond, Kansas City, and Dallas reported upticks in sales of higher-priced homes. Sales reports were mixed in the St. Louis and Minneapolis Districts, with increases in some metro areas and declines in others."

In early September, the Fed said the economy was growing at a slower rate than prior periods. The current report comes as the Federal Open Market Committee prepares to convene in two weeks. Many expect the Fed to announce a decision to increase the level of purchases of Treasury securities, know as quantitative easing. Although some question the tactic.

The Fed said construction of single-family homes was "at very low levels" during the period with slight improvements in the Midwest. Homebuilders in Texas told the Fed they've "pulled back on starts considerably after the run-up earlier in the year.

Sales of commercial properties were low overall, as well. Although Chicago and Dallas reported strong demand for sales of distressed commercial properties.

"Given lackluster demand for commercial space, nonresidential construction activity was limited to mostly public projects," according to report, which is published eight times a year.

The Beige Book showed continued expansion in manufacturing activity during the period with production and new orders up in most districts.

The Fed said overall consumer spending was flat to up slightly, as "purchases were mostly limited to necessities and non-discretionary items."

The central bank's data also showed car sales during the period were steady to up and activity in the travel and tourism sector rose, as well.

This year's final Beige Book will be available Dec. 1.

Write to Jason Philyaw.

Wednesday, October 20th, 2010

The post-tax credit slump kept Las Vegas home sales down in September, though median prices remained relatively flat from a year ago, Home Builders Research reported Tuesday.

The Las Vegas-based research firm sorted through 438 new-home closings during the month, compared with 452 in September 2009. The median new-home price rose 2.2 percent to $212,870.

Existing-home sales fell to 3,540 in September, a 14.1 percent decline from 4,121 a year ago, while the median price dipped 1.8 percent to $123,000.

Under normal market conditions, the gap between new and existing median home prices should be $20,000 to $30,000, Home Builders Research president Dennis Smith said.

The gap began to grow in early 2009 as resale prices plummeted and is now close to $90,000.

Wednesday, October 20th, 2010

Lawyers for homeowners who have been denied mortgage modifications under the Obama administration's Home Affordable Modification Program make a straightforward argument when they sue banks.

As a class-action complaint in Massachusetts puts it, "when a large financial institution promises to modify an eligible loan to prevent foreclosure, homeowners who live up to their end of the bargain expect that promise to be kept. This is especially true when the financial institution is acting under the aegis of a federal program specifically targeted at preventing foreclosure."

Under HAMP, a program funded with $50 billion from the Wall Street bailout, eligible homeowners at risk of falling behind on their mortgages can ask their mortgage servicers for a modification that reduces monthly payments to 31 percent of their monthly income. If they make their monthly payments during a "Trial Period Plan" that's supposed to last for three or four months, then the modification is supposed to be made "permanent" for five years. Most trial periods drag on for longer than three months, however, and more homeowners have been bounced from the program than have been granted permanent mods.

Wednesday, October 20th, 2010

Wells Fargo announced third-quarter earnings of 60 cents per share on $20.9 billion Wednesday. With renewed concerns over mortgages heightened in recent days, the bank said its successful merger with Wachovia and growth in core business lending helped drive its strong quarter.

The San Francisco based bank reported net income of $3.2 billion, 19% above 2009’s third quarter. The earnings per share figure beat analysts’ expectations of 55 cents and was one cent better than a year ago.

CFO Howard Atkins attributed part of the results to the merger with Wachovia. “”[It] is already proving to be a huge success," he said of the deal that has earned Wells Fargo a $21.2 billion cumulative profit since closing at the end of 2008.

Wednesday, October 20th, 2010

The New York state court system added a step in the foreclosure process, forcing bank attorneys to file an affirmation certifying they have reviewed and verified documents.

Chief Judge Jonathan Lippman introduced the new rule this week in reaction to the number of banks and mortgage servicers that suspended foreclosures after employees signed affidavits without a review or a notary present.

Bank of America (BAC: 7.29 -0.14%), Ally Financial (GJM: 22.57 0.00%) and JPMorgan Chase (JPM: 37.21 -0.75%) recently suspend foreclosures in 23 states, which includes New York, to review processes. BofA and Ally each announced resumed foreclosures in the days ahead.

The new requirement in the New York courts is effective immediately and was created with the approval of the Presiding Justices of all four Judicial Departments.

"We cannot allow the courts in New York State to stand by idly and be party to what we now know is a deeply flawed process, especially when that process involves basic human needs – such as a family home – during this period of economic crisis," Lippman said in a statement released Wednesday.

Attorneys must attach the affirmation to the Request for Judicial Intervention for new cases. In pending cases, it must be submitted with either the proposed order of reference or the proposed judgment of foreclosure.

For those cases where a judgment has already been given but the property has not yet made it to auction, the affirmation must be sent to the court referee and another copy filed with the court five days before the auction takes place.

Attorneys must also file an amended version of the affidavit if errors are discovered.

"This new filing requirement will play a vital role in ensuring that the documents judges rely on will be thoroughly examined, accurate, and error-free before any judge is asked to take the drastic step of foreclosure."

Write to Jon Prior.

Wednesday, October 20th, 2010

The delinquent unpaid balance within commercial mortgage-backed securities is more than double a year ago and 28 times higher than March 2007.

In its monthly delinquency report, Realpoint said the delinquent unpaid balance for CMBS last month rose 1.3% to $62.19 billion from $61.39 billion in August. The gain of $801.2 million in September is higher than the previous two months, but below the average of $3.14 billion a month during the first half of 2010, according to Realpoint. A year ago, the delinquent unpaid balance was $31.73 billion.

The September delinquency ratio of 8.04% rose slightly from 7.93% a month prior and is up substantially from 3.94% a year earlier, according to Realpoint. The research firm said the current ratio is 28 times higher than the record low of 0.283% in June 2007.

"The continued increase in both delinquent unpaid balance and percentage is now being impacted by the rapid growth in liquidations on a monthly basis and a potential slow-down in the reporting of new delinquency for the remainder of 2010," according to Realpoint analysts.

Realpoint now expects the delinquent unpaid CMBS balance to remain between $60 billion and $70 billion through the end of the year, keeping the ratio between 8% and 9%.

"The potential to grow higher than 9%, however, remains under more heavily stressed scenarios involving additional large loan defaults," according to Realpoint. Analysts said this view is due to several "high-risk loans from recent vintage transactions that continue to show signs of stress and default risk, along with continued/expected balloon maturity defaults where refinance proceeds are not available."

Realpoint said California remains the most-dominant driver of the space accounting for about 13% of all CMBS delinquencies. California, Florida, and Texas collectively account for almost a third of all delinquent mortgages in CMBS through September.

Meanwhile, Fitch Ratings said delinquencies within collateralized-debt obligations in commercial real estate loans rose 12.9% last month.

Analysts said loans secured by office and multifamily properties were more than 70% of the 19 new delinquencies last month within rated CREL CDO, including eight term defaults, seven matured balloons and four credit-impaired securities.

The agency rates 35 CREL CDOs that collectively comprise about 1,100 loans and 500 securities with an aggregate balance of $22.6 billion. Analysts said 14 of the securities were failing at least one overcollateralization test.

Write to Jason Philyaw.

Wednesday, October 20th, 2010

Stocks bounced back on Wednesday on strong corporate earnings and raised outlooks, while a decline in the U.S. dollar lifted shares related to materials companies.

Delta Air Lines and US Airways Group jumped after they reported strong profits, while Boeing Co. buoyed the Dow after it boosted its full-year forecast.

Materials shares led the broad market higher, with Freeport-McMoRan Copper & Gold gaining 2.8 percent to $95.33 and the S&P materials index .GSPM rose 2.3 percent. Commodities gained as the U.S. dollar dropped to a near 15-year low against the yen.



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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