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Archive for October, 2010

Tuesday, October 19th, 2010

Subprime prices within two of the most-maligned vintages of residential mortgage-backed securities are showing signs of stabilizing, according Fitch Solutions, the distribution channel for Fitch Ratings content.

The agency's total market price index for the RMBS sector through September was 9.85, which is nearly flat with the previous three months, according to analysts. But Fitch said RMBS prices from the beleaguered 2006 and 2007 vintages improved last month, climbing 15% and 10%.

The gains follow "significant price declines in August" for both vintages, analysts said.

"Loan modification programs are becoming more successful in stabilizing serious delinquency rates, which is helping stabilize asset prices for both 2006 and 2007 vintages," according to Kwang Lim, a director at Fitch.

Analysts said prepayment activity continues to slow down and prepayment rates will continue dropping through the winter, according to Fitch.

"Though there are concerns that these declines partially reflect a lower credit quality pool on aggregate," Fitch senior director Alexander Reyngold said.

Write to Jason Philyaw.

Tuesday, October 19th, 2010

Cook County, Illinois Sheriff Thomas Dart said Tuesday 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%) starting Oct. 25.

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. BofA said it will begin resubmitting affidavits and restart foreclosures in those 23 states on Oct. 25. Ally is resubmitting affidavits as it remediates faulty documentation.

Banks repossessed more than 102,000 homes in the Chicago area in September.

According to Dart's office, the recent freezes did not stop evictions already in the process. These three servicers and their subsidiaries account for one-third of the 3,700 eviction orders filed in Cook County every year.

"I can’t possibly be expected to evict people from their homes when the banks themselves can’t say for sure everything was done properly," Dart said. "I need some kind of assurance that we aren’t evicting families based on fraudulent behavior by the banks. Until that happens, I can’t in good conscience keep carrying out evictions involving these banks."

Two years ago, Dart refused to carry out evictions for any banks when renters were given no notice about a foreclosure on their accommodation.

Friday, Dart sent a letter to the banks' attorneys demanding affidavits that affirm any foreclosures filed in Cook County and those awaiting eviction orders in court have been properly processed. He gave the banks five days to respond.

According to Dart, legal proceedings take about two years from the time a foreclosure is filed until it reaches his office.

Write to Jon Prior.

Tuesday, October 19th, 2010

Southern California's housing market remained weak in September, with sales dropping for the third consecutive month — but the region's median home price ticked up slightly.

Sales of newly built and previously owned houses, town homes and condominiums fell 2.4% from August and 16% from the same month one year earlier, according to real estate research firm MDA DataQuick of San Diego. A total of 18,091 homes sold last month.

It was the slowest sales pace for a September since 2007, DataQuick reported Tuesday. Sales have fallen for three straight months beginning in July, when the boost from federal and state tax credits on the market evaporated.

Prices remained relatively steady as sales continued to move from more affordable areas to pricier neighborhoods. The Southland's median home price was $295,000, up 2.6% from the month prior and 7.5% from September 2009, DataQuick said.

Tuesday, October 19th, 2010

Two-thirds of investors oppose a series of new bank accounting proposals from the Financial Accounting Standards Board, according to a survey from the investment bank Keefe, Bruyette & Woods and Greenwich Associates.

One of the key changes in the proposal would require banks to report the estimated fair value of most loans on their books alongside the current cost accounting valuations. According to the survey of 62 U.S. institutional investors, only one in five favor the proposed changes.

Despite the survey results, many still believe current accounting standards are inadequate and need revision.

In August, the Mortgage Bankers Association sent a letter to FASB saying the proposals would increase the complexity in financial statements, which would make regulation more difficult.

The investors surveyed by KBW believe the mark-to-market valuations would not help their decision making because fair market values of such infrequently traded loans on banks' books would not be reliable.

Nearly 45% say the mark-to-market rules would force them to reduce their investments in U.S. banks.

"The fact that U.S. institutional investors overwhelmingly oppose the 
fair value proposals should give FASB board members cause to rethink 
their approach," Don Raftery, a Greenwich Associates consultant, said.

The investors preferred changes that would increase transparency and provide more disclosure on specific bank portfolio holdings.

Write to Jon Prior.

Tuesday, October 19th, 2010

The Federal Home Loan Bank of Chicago is suing Bank of America (BAC: 7.29 -0.14%) for allegedly providing misinformation regarding residential mortgage-backed securities sold to the firm between 2005 and 2007.

According to a letter to investors from President and CEO of the FHLBC, Matthew Feldman, the securities listed in the complaint totaled more than $4.3 billion and were all rated triple-A when purchased.

"We contend that the quality of the loans that comprise the pools of securities cited in today's complaints was inconsistent with the description in the pre-purchase documents prepared by the underwriters and issuers of the securities," Feldman wrote.

Complaints were filed in the Circuit Court of Cook County in Illinois, the Superior Court of California in Los Angeles and the Superior Court of Washington in King County.

Feldman also said that estimated credit losses on the securities in question resulted in $455 million in write-downs that negatively impacted the firms income, retained earnings and ability to restore a dividend.

Bloomberg recently reported that Citigroup, Inc. (C: 30.87 +1.61%), Goldman Sachs Group Inc. (GS: 111.77 +2.96%), and Wells Fargo (WFC: 29.60 +1.89%) are also defendants in the case. Requests to confirm this information with the FHLBC are pending.

Write to Christine Ricciardi.

Disclosure: The author holds no relevant investments.

Tuesday, October 19th, 2010

The American Bankers Association named Stephen Wilson chairman for the upcoming year.

Wilson is chairman and chief executive of LCNB Corp. and its LCNB National Bank in Lebanon, Ohio. He replaces Arthur Johnson, who heads United Bank of Michigan in Grand Rapids, Mich.

The association said Wilson has served on its board, government relations council, community bankers council, and corporate governance task force during his more than 30 years in the industry.

Wilson also has served as a director of the Federal Reserve Bank of Cleveland and been active with the Ohio Bankers League and the American Institute of Banking, according to the ABA.

Write to Jason Philyaw.

Tuesday, October 19th, 2010

The big mortgage market mess has caused a big press coverage mess. Many people, including me, have been blending together the couple of major problems occurring with mortgages and labeling it all "foreclosure-gate." Yet, there are actually two separate issues here, both of which affect the mortgage market.

Bad Foreclosure Process

The first problem came to light in late September. Banks discovered that some foreclosures had been signed off on without being properly reviewed. This could be a problem for a number of reasons. The loan file might be incorrect or incomplete. This caused banks to halt foreclosures to figure out if mistakes were made and to correct the process.

Bad Mortgage Bond Process

The other problem occurred much earlier in the process — shortly after the time of loan origination. It turns out that banks may not have transferred loans properly into trusts for securitization. As a result, covenants may have been broken, so investors who bought bonds backed by mortgages might have reason to file suit against banks. This doesn't actually affect foreclosures directly, though title problems could also further complicate the process.

Tuesday, October 19th, 2010

I happened to catch a few seconds of a game show while playing with the television remote (clicker to most of you) the other night. It was fascinating to see how engaged the television audience was as they watched a man they didn't know make a gamble that could, according to the show's producers, make him or cost him thousands of dollars. Should he make an attempt to answer the next question or just take the money and run? What would he do? The pregnant pause seemed to last forever.

I don't know what he did; I was busy starting this column. But the point is, a man was faced with a million dollar question and the rest of us were on the edge of our seats waiting for the answer. I suspect that's how the Financial Crisis Inquiry Commission is—right on the edge of their seats—every time they ask the question: "Why didn't anyone see this coming?"

Or maybe not. I suspect they know why nobody saw the crisis coming. I think it's pretty clear that if it's not your problem it's not really a crisis, now is it? And as long as you can keep dodging bullets, as Countrywide did this week on a procedural mis-step by investors intent on taking the company to task for loan modifications (something the government cannot allow to happen if it hopes to keep servicers modifying those loans for troubled borrowers), then it won't be your problem.

But it is a problem.

For all of the millions the industry has spent on risk mitigation and forecasting, we can still get blindsided by a sudden downturn that acts like a depression. It's really like no one saw it coming. Either that or the people we employ to use these expensive forecasting tools spend their days staring at them in wonder as if they were the monolith in 2001: A Space Odyssey, which I find unlikely.

I guess I can understand it on the origination side. When people are paying you for originating a product and threatening to fire you if you don't sell it, then you sell it. And if you're a farmer who suddenly finds a huge garden center willing to pay top dollar for your manure, then you load that crap up. That's just business.

I find it harder to believe on the servicing side of the business. Delinquency is to a servicer what a grand opening sale is to a retailer: a huge jump in business activity with a corresponding increase in profit. You would think they they would have been watching vigilantly for signs of distress in their portfolios, looking forward to helping those delinquent borrowers pay the extra fees associated with being late on their payments.

In fact, I would think that this would be such an important part of their business that they would plan in advance for how they would handle a landslide of defaults. Instead, we heard tales of loading docs filled with unopened cases filled with documents from borrowers in trouble that were never opened. Deals that eventually slid so far into default that the borrower just threw them the keys and walked away.

Or am I getting this story wrong? I'm currently working on a column for the print edition of HousingWire where I hope to get deeper into it. Did the mortgage loan servicing industry get blindsided along with the rest of us? Did they fail to invest in the tools and people necessary to deal with the crisis? Feel free to contact me with your thoughts.

Rick Grant is veteran journalist covering mortgage technology and the financial industry.

Follow him on Twitter: @NYRickGrant

Tuesday, October 19th, 2010

The national foreclosure crisis has resulted in loan closings being scuttled in some regions, and fears are mounting that, if the situation is not soon rectified, it could damage the one area where lenders are reaping stellar profits: originations.

John Walsh, the chief executive of Total Mortgage Services LLC in Milford, Conn., said Connecticut's recently adopted 60-day, voluntary moratorium on foreclosure sales caused his firm to scrap REO-related closings during the past two weeks and that more cancellations are in store this week.

"The unintended consequence of this is that some people won't get to buy houses," he said. "This is not a good situation."

If Connecticut Attorney General Richard Blumenthal obtains a binding 60-day moratorium on foreclosures in the state, further delays in closing REO transactions could be the consequence.

Tuesday, October 19th, 2010

Bankers are set to launch the biggest commercial-real-estate debt deal since the financial crisis began, people familiar with the matter said. The offering will allow two Wall Street firms to sell loans tied to the boom-time buyout of Hilton Worldwide and signals a thawing in one of the most troubled financial markets.

The $3 billion offering is expected to be followed by a $2 billion deal involving the Extended Stay Inc. hotel chain that recently exited bankruptcy, people familiar with the transactions said. Together, the deals would be by far the largest issuance of commercial mortgage-backed securities, or CMBS, since the downturn and the most vivid sign to date of a resurgent CMBS market.

The Hilton deal stems from Blackstone Group LP's $26 billion purchase of the hotel chain in October 2007. Banks, including Goldman Sachs Group Inc. and Bank of America Corp., provided $20 billion in financing but were stuck holding the loans when debt markets froze. The sale, expected in the next two weeks, will allow the two banks to sell the $3 billion in senior debt they still hold.

The offering likely will leave the banks whole on their investments, which few would have predicted during the crisis when the loans were trading as low as 70 cents on the dollar, people familiar with the matter said.



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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