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Archive for October, 2010

Wednesday, October 20th, 2010

Wells Fargo & Co. (WFC: 29.60 +1.89%) saw earnings soar to a record $3.34 billion during the third quarter, as all business segments contributed to growth and mortgage operations saw their second best quarter in company history. The record quarter at Wells came despite a drop in revenues to $20.9 billion, below the $22.5 billion in Q3 revenue recorded one year earlier.

Despite a mortgage crisis that is still making headlines, Wells Fargo said that it processed $194 billion in mortgage applications during the third quarter, its second highest quarter ever.

The surge in application volume drove $101 billion in mortgage originations, up 25% from $81 billion in the prior quarter. The mortgage boom at Wells looks to continue into the fourth quarter, as well, with the lender reporting that its application pipeline at the end of September stood at $101 billion, up sharply from $68 billion at the end of June.

In addition to a surging mortgage business, the lender reported improved credit quality for a third consecutive quarter. Net charge-offs for bad loans registered a still-high $4.1 billion during Q3, but were down 9 percent from the prior quarter and 24 percent below the company's Q4 2009 peak. Improving credit trends led Wells to release $650 million from the company's loss reserves.

No foreclosure, buyback problems?

Wells Fargo is one of the few major lenders that has not halted foreclosures during a spate of documentation challenges that have beset other competitors, including Bank of America (BAC: 7.29 -0.14%). On Wednesday, Wells Fargo officials reiterated their stance that the company's servicing operations remained sound.

"We are confident that our practices, procedures and documentation for both foreclosures and mortgage securitizations are sound and accurate," said chairman and CEO John Stumpf in a statement. "For these reasons, we did not, and have no plans to, initiate a moratorium on foreclosures."

The company also downplayed any risks it may face with repurchase demands from investors, including wards of the government Fannie Mae and Freddie Mac, citing a decline in repurchase demands on 2006-2008 vintages. During Q3, the company absorbed $370 million in repurchase losses, down from $382 million during the second quarter.

"The company continues to work with investors to resolve the outstanding demand pipeline," Wells Fargo said.

Foreclosed assets soar

While the bank has steadfastly maintained that its losses around mortgage loans are manageable, foreclosed assets at Wells increased by $1.1 billion during the third quarter, reaching $6.1 billion by the end of September. Much of the increase, according to chief risk officer Mike Loughlin, was due to commercial real estate assets and option ARM products tied to the legacy Wachovia platform Wells acquired roughly two years ago.

Loughlin also stressed that much of the bank's inventory of foreclosed assets — roughly $1.5 billion of that total — were insured directly by Ginnie Mae, and increased as the bank successfully pushed loans towards what the bank characterized as "the final stage of the resolution process."

Wells reported that delinquencies on residential single-family mortgages continued to increase slightly, as well, reaching 5.69% of the bank's residential loan portfolio by the end of September. Delinquencies increased slightly from 5.5 percent one quarter earlier, the bank said. Second lien delinquencies saw a similar increase from 2.36 percent to 2.40 percent.

The bank's owned servicing portfolio topped $1.8 trillion during the quarter.

Write to Jon Prior.

Tuesday, October 19th, 2010

If you're trying to measure the costs of homeownership versus the cost of renting a home, there's an official tool to help you. The Federal Reserve Bank of Cleveland released a Rent or Buy Calculator that runs an internal simulation of cost scenarios, for both renting and owning a home, based on the information you put in about your home and mortgage.

From the data, it will tell you how much, if at all, you will financially gain from owning a home versus renting.

Its an interesting tool, but I'm not convinced it's comprehensive. I found a home for sale online and used the calculator as if I planned to purchase the house under the terms of a HECM Saver (I know HECM is only for reverse mortgages, but I wanted to see if a .01% down payment would affect my stats :-).

I found a gorgeous three bedroom, three bathroom house located in north Dallas and entered my respective information. The calculator told me I had a 95% chance of financially gaining $81,522 from buying a $510,000 home at .01% down payment versus renting a $1,300 property over the same time period.

30-year, fixed rate at 4.09% anyone?

But what the calculator doesn't measure is the golden phrase most mortgage experts are now living by: my ability to pay (or lack thereof).

The calculator doesn't know I am a 22-years-old rambunctious spender that's living paycheck-to-paycheck. If I hadn't found the cheapest duplex in Dallas, granted at the expense of a dishwasher and central air, I would probably still be mooching off my parents.

So while the Cleveland Fed has produced a useful tool to measure the best potential you have in owning a home, take the disclosure to heart: "This calculator is for informational purposes only. The results should not be interpreted as investment advice."

After all, the only reason I used the calculator was because it's free.

Write to Christine Ricciardi.

Tuesday, October 19th, 2010

The Royal Bank of Scotland(RBS: 8.71 +1.16%) is estimating how much the recent robo-signing allegations and knock-on effect will have on the operations of the big four banks: Bank of America (BAC: 7.29 -0.14%), Citibank (C: 30.87 +1.61%), JPMorgan Chase (JPM: 37.21 -0.75%) and Wells Fargo (WFC: 29.60 +1.89%).

While several other sources put the estimations higher, RBS thinks these numbers are overestimated. Barclays(BCS: 14.09 +1.15%) said earlier that the monetary damage due to reps and warranties alone could cost upward of $85 billion.

RBS puts its total cost estimation at $42.3 billion. That includes up to $4.3 billion in settlement fees with the state attorneys general offices, repurchases of $25 billion and claims for reps and warranty breaches at $25 billion.

"Outside of a discovery process, there is no systematic way of estimating how many loan file exceptions exist," states the securitized product strategy commentary released Tuesday.

"However, based on our understanding of industry practices in 2005 – 2007, we would guess that perhaps 1% – 3% of loan files may be materially and adversely incomplete as a result of original documents that were never conveyed to the custodian."

Write to Jacob Gaffney.

The author holds no relevant investments.

Tuesday, October 19th, 2010

Florida Attorney General Bill McCollum, whose office is investigating foreclosure practices in his state, released three more sworn statements from former employees at law firms detailing alleged improprieties in the way foreclosure cases were being handled.

Attorneys at the Law Office of Marshall Watson allegedly signed affidavits without the notary present, according to Jessica Cabrera, a lawyer there from December 2007 to July of 2010. Attorneys at the firm would allegedly sign the documents and send stacks to notaries afterward.

This process changed eight months ago, according Cabrera, when the firm realized there was a problem and employed roughly 50 notaries to work in-house.

However, when asked if there were any improprieties going on at the office while she was there, Cabrera responded: "No, I was not (aware)."

Holly Skolnick, the attorney representing Watson, said they are cooperating fully with the investigation.

All 50 state AG offices, the Federal Deposit Insurance Corp., the Office of the Comptroller of the Currency and other state regulators are also participating in the investigations of what have been commonly called "document mills" in the foreclosure industry.

With respect to the Law Offices of David J. Stern, an office manager was signing more than 1,000 affidavits per day, according to the statements.

Cheryl Salmons, office manager for the foreclosure department at the Law Office of David J. Stern, allegedly signed 500 in the morning and another 500 in the afternoon, according to testimony from her assistant Kelly Scott, who worked at the firm from January 2008 until she left in February 2009.

Scott said the stacks of paperwork were laid out on a conference table and signed by Salmons and other employees she allegedly taught how to sign her name. Paralegals allegedly notarized the documents before and swapped the paperwork for witness signatures afterward.

"Cheryl would give certain paralegals rights to sign her name, because most of the time she was very tired, exhausted from signing her name numerous times per day," Scott said in the testimony.

Jeffrey Tew, a lawyer representing Stern, has said in previous published reports that it is unfair to be circulating such statements in the press, and said his client hasn't been given the opportunity to question the statements.

The AG office took a statement from Mary Cordova, who worked for G&Z Processing Service, which processed loans for the Law Office of David J. Stern. She worked there just two months and said she was forced to process 22 files every eight-hour shift. When the company asked her to sign a confidentiality agreement, she resigned.

The state's AG office alleged the firm fabricated documents to speed up foreclosures. A Florida judge denied a motion to quash the case on Oct. 14, but Tew, said the firm would appeal the ruling.

Bank of America (BAC: 7.29 -0.14%), which suspended foreclosures nationwide as part of its review, announced Monday that it would begin resubmitting corrected affidavits Oct. 25. Ally Financial (GJM: 22.57 0.00%) is also submitting remediated affidavits as it reviews documentation across the country along with JPMorgan Chase (JPM: 37.21 -0.75%).

While politicians and some AG offices have asked for a national moratorium, market players and even the White House have acknowledged working through the foreclosures as quickly as possible is key to speeding up the housing recovery.

Fannie, Freddie and Citigroup (C: 30.87 +1.61%) stopped referring foreclosure cases to Stern.

Neither Stern nor G&Z returned requests for comment.

Write to Jon Prior.

Tuesday, October 19th, 2010

DJSP Enterprises Chairman David J. Stern, whose law firm has been under intense scrutiny in a Florida foreclosure probe, stepped down from his position as chairman, and three top executives who had been with the company less than a year also resigned.

Stephen J. Bernstein, formerly the company's lead independent director, has been appointed as interim chairman of the board, according to a brief news release from DJSP. He will replace Stern, whose law office is the major client of DJSP (DJSP: 0.00 N/A). Stern will continue to serve as DJSP's CEO and president.

A press release also announced the resignations of President and Chief Operating Officer Richard Powers, Executive Vice President and CFO Kumar Gursahaney and Vice President and General Counsel Howard S. Burnston.

The press statement gave no reasons for the resignations, and company officials could not be reached for comment.

Bernstein will provide support to the company as it responds to the "recent developments impacting the company and the industry," the release said. Those developments include three recent sworn statements by former employees publicly released by the Florida Attorney General's Office. The sworn statements allege company employees at the law firm changed dates on foreclosure documents, forged signatures on documents, claimed homeowners were served with foreclosure lawsuits when they weren't, and overcharged for services. Stern's law office is under investigation by Attorney General Bill McCollum, who won a legal victory last week when a Palm Beach County judge denied Stern's motion to quash the AG's subpoena.

Sarah Mueller is an editorial assistant with HousingWire.

Tuesday, October 19th, 2010

Amidst elevating scrutiny in the mortgage servicing industry, K&L Gates want to help mortgage servicers fight back.

The international law firm assembled a foreclosure task force to coach lenders on formulating a "coordinated, nationwide defense" against fraud allegations and cited discrepancies in servicing procedures.

"Servicers are being attacked by a variety of forces that we think require a comprehensive approach to foreclosure issues," said company representative Larry Platt.

K&L Gates is currently working with 10 to 12 loan servicers, none of which have been sued yet. However, they have received threats, Platt said. K&L Gates' goal is not only to represent and counsel servicers on a strong defense, but also prepare for the inevitable hearings that will be held on Capitol Hill about the subject.

"We've begun the compliance counseling, but the idea in part was to get ready," Platt told HousingWire. "We can deal with the short term, but we need to be prepared for the long term."

By long term, Platt is referring to federal proposals that will spawn from the most current crisis. He, like many politicians and executives in the space, believes the robo-signing scandal and ever-spreading foreclosure moratorium is overstated. Platt said he understands the government concern that legal processes need to be fulfilled, but feels there are other elements that legitimize the effort as a pretext to stop foreclosures.

"Virtually no servicer has uncovered borrowers who were not eligible for foreclosure," said Platt. "We're working with a lot of servicers with issues related to collateral, and gearing up for the collateral consequences of these attacks."

The task force includes lawyers from diverse areas of practice such as residential mortgage counseling, internal investigations, federal and state government enforcement action defense as well as class action defense, and loan-level litigation.

K&L Gates is a network of 2,000 lawyers based all over the world. K&L Gates has 36 offices on three different continents, including Europe and Asia.

Write to Christine Ricciardi.

Tuesday, October 19th, 2010

Shares of Bank of America (BAC: 7.29 -0.14%) took a nose dive Tuesday afternoon, after the banking giant reported a $7.3 billion loss before the market opened and some investors of Countrywide mortgage-backed securities took steps to get the company to repurchase failed loans.

Volume of BofA shares traded Tuesday was nearly 572.2 million. On an average day, about 178 million Bank of America shares trade hands.

The bank's third-quarter results were hindered by a $10.3 billion goodwill-impairment charge, as required under the Dodd-Frank act.

Meanwhile, a group of investors holding more than 25% of the voting rights of more than $47 billion of Countrywide RMBS sent the company a notice of nonperformance, which gives Countrywide 60 days to fix the alleged problems before investors declare a default. And now late Tuesday afternoon, the Federal Reserve Bank of New York announced it wants Bank of America to repurchase the failed loans.

Write to Jason Philyaw.

Tuesday, October 19th, 2010

September sales of single-family homes in the Houston area fell 18.6% from a year earlier, but home prices held their own.

The average price of a single-family home rose 5% from a year ago to $215,250, primarily due to strength in the upper end of the market, according to the Houston Association of Realtors, but the median price edged up just 0.2% to $156,250.

Foreclosure sales were down 6.9% in September compared to a year earlier. The median price of foreclosure sales slid 5.2% to $82,500 on a year-over-year basis. Sales figures were collected before the national controversy arose over alleged improprieties in preparation and review of foreclosure paperwork. The statistics don't reflect any potential freezes on such transactions.

Sales of all residential property types in Houston for September (4,648) were down 18% compared to September 2009. Total dollar volume for properties sold during the month was $958 million, down nearly 13% from $1.1 billion a year ago.

"The Houston real estate market continues to experience slower sales coupled with strong pricing, and that combination still puts us in an enviable position compared to many other markets around the country," said Margie Dorrance, HAR chairwoman and principal at Keller Williams Realty Metropolitan.

Write to Kerry Curry.

Tuesday, October 19th, 2010

ProLogis (PLD: 32.52 -0.09%) sold $1.02 billion of assets to Blackstone Real Estate Advisors and plans to use proceeds to repay debt and fund development activity.

The Denver-based distribution facilities giant said the assets include about 180 of its North American industrial properties, a minority interest in a hotel property, and interests in three property funds. ProLogis retains an interest in the assets, and the sale is expected to close next month.

ProLogis has now disposed of about $1.6 billion of assets this year, which is slightly above its prior estimates.

The company expects the most-recent sale to dilute its core funds from operations by up to 2 cents a share. William Sullivan, ProLogis chief financial officer, said "the uptick in the leasing environment we anticipated in the second half has been slow to materialize."

Consequently, the company revised its estimate for core funds from operations for the year to between 53 cents and 56 cents a share. ProLogis still expects to report funds from operations of 70 cents to 78 cents a share, excluding items, and net earnings of 9 cents to 13 cents a share.

Sullivan said the company still believes "market fundamentals are poised for improvement in 2011."

Write to Jason Philyaw.

Tuesday, October 19th, 2010

The New York State Superintendent of Banks, Richard Neiman, has a thing for the mortgage servicing industry.

By the time 47 state attorneys general and 37 banking and mortgage regulators announced their participation in the multistate effort to address national concerns “about faulty affidavits in foreclosure proceedings,” the New York State Banking Department had already sent letters to over 20 mortgage servicers.

New York’s foreclosure action suspension requests are up and running.

Neiman called “incredibly irresponsible” those servicers who “are not doing the bare minimum” to comply with existing foreclosure documentation processing laws to avoid preventable foreclosures.



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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