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Archive for October, 2010

Thursday, October 28th, 2010

To pay or not to pay is the question now facing some homeowners. Not because they can't afford their mortgage, but because they don't want to keep paying on a home that's lost value.

But even as they gain popularity, strategic defaults are highly controversial — some might say immoral. But about a quarter of American homeowners took out loans that are bigger than their homes are now worth and some of them say it's simply irrational for them to keep paying the mortgage.

Grace Chen and her husband, Antonis Orphanou, have this debate about their own home. From the outside, there is nothing to flag them as troubled homeowners. They haven't lost their jobs. Their interest rate has stayed the same. And they are not counted among the legions headed to foreclosure. In fact, they haven't even missed a single mortgage payment.

Thursday, October 28th, 2010

First American Financial Corp. (FAF: 14.98 +0.07%) saw its profit decline to $33.1 million in the third quarter ended Sept. 30, down from $38.8 million in the year-ago period as it faces a challenging real estate and mortgage market.

The provider of title insurance and settlement services for real estate transactions made 31 cents per share, down from 37 cents a share a year ago.

Revenue for the quarter was $1 billion, down 9 percent from the third quarter of 2009.

The current quarter results include net realized investment losses of $400,000, while the third quarter of 2009 benefited from net realized investment gains of $4.9 million, the company said.

First American said its title insurance and services segment had a pretax margin of 6.5% and its specialty insurance segment had a pretax margin of 16.5%. Commercial title revenue of $72.9 million was up 39% compared to the year-ago period.

"Even though we expect that the real estate and mortgage markets will remain challenging in 2011, we believe the company is well positioned to meet these challenges and to capitalize on opportunities that may develop,” said Dennis J. Gilmore, CEO.

"Title orders, driven primarily by refinance transactions, increased throughout the third quarter, reaching the highest levels of the year in September, with open orders of approximately 6,600 per day and closed orders of approximately 4,500 per day,” he said.

"It remains to be seen how long the current refinance wave will last; however, as we move through the final quarter of 2010, we are well positioned with a commercial pipeline that continues to build and a strong inventory of refinance orders."

For the first nine months of the year, First American earned $80.7 million, up from $72.3 million for the first nine months of 2009. Revenue year-to-date stands at $2.88 billion, down from $3.01 billion a year ago.

Write to Kerry Curry.

The author holds no relevant investments.

Thursday, October 28th, 2010

Initial jobless claims fell 4.6% last week to 434,000, which is the lowest rate in a few months and well below most analysts' estimates.

The Labor Department said the seasonally adjusted figure of actual initial claims for the week ended Oct. 23 decreased by 21,000 from the previous week's figure of 455,000, which was revised upward a few thousand.

Analysts surveyed by Econoday expected claims to rise to 455,000 with a range of estimates from 440,000 to 460,000. 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 declined about 1% to 453,250 claims from a revised average of 458,750, according to the Labor Department data.

The seasonally adjusted insured unemployment rate was once again 3.5%, down slightly from a revised 3.6%.

Write to Jason Philyaw.

Thursday, October 28th, 2010

The Technical Committee of the International Organization of Securities Commissions Wednesday released a set of principles that it recommends as safeguards for the operation of dark pools.

The principles, IOSCO said, are designed to help securities regulators around the world to:

* minimise the adverse impact of the increased use of dark pools and dark orders on the price discovery process;
* mitigate the effect of any potential fragmentation of information and liquidity;
* help to ensure that regulators have access to adequate information to monitor the use of dark pools and dark orders;
* help to ensure that investors have sufficient information to understand the manner in which orders will be handled and executed; and
* increase the monitoring of dark orders and dark pools for adequate regulatory response.

Thursday, October 28th, 2010

Foreclosure filings increased from last year in 133 of 206 metropolitan statistical areas tracked in the third quarter, or 65%, according to RealtyTrac.

The Seattle area had the highest increase. There, foreclosure filings, which include notices of default, pending cases, notices of foreclosure sale and repossessions, increased 71% from the third quarter of 2009. Chicago was second with a 35% increase followed by Houston, Texas at 26%.

California, Florida, Nevada and Arizona accounted for 19 of the top-20 foreclosure rates in the country. The only exception was Boise City, Idaho, which was 14th.

Las Vegas posted the highest rate in the third quarter, where one in every 25 housing units received a filing, more than five times the national average. The 32,288 filings is down 20% from last year.

Cape Coral-Fort Meyers, Fla. was second with a one in 35 foreclosure rate. Filings there reached 10,352, down 22%. One in 36 houses in Modesto, Calif. received a filing in the third quarter for the third highest rate, but it was an 18% drop from a year ago.

Miami, Fla. posted the highest total number of foreclosures in the third quarter, at more than 58,600 filings. It's an increase of 9% from last year and up 25% from the previous quarter.

“The underlying problems that are causing homeowners to miss their mortgage payments — high unemployment, underemployment, toxic loans and negative equity — are continuing to plague most local housing markets,” said James Saccacio, CEO of RealtyTrac. “And these historically high foreclosure rates will continue until those problems are resolved.”

Write to Jon Prior.

Wednesday, October 27th, 2010

Wells Fargo (WFC: 29.60 +1.89%) will submit 55,000 supplemental affidavits for pending foreclosures in 23 judicial states, according to a company statement Wednesday.

Since Ally Financial (GJM: 22.57 0.00%), JPMorgan Chase (JPM: 37.21 -0.75%) and Bank of America (BAC: 7.29 -0.14%) suspended foreclosures in those states after admitting employees signed affidavits without reviewing documentation or having a notary present, Wells Fargo and other banks began their reviews.

Wells strongly stood by its foreclosure processes, and the company still believes "it has designed an appropriate process for the generation of foreclosure affidavits" and the submitted signatures are cautionary steps.

"Out of abundance of caution and to provide an additional level of assurance regarding its processes, the company is electing to submit supplemental affidavits for approximately 55,000 foreclosures which are pending before courts in 23 judicial foreclosure states," according to the statement.

Regulators and 50 state attorneys general offices have launched investigations into mortgage servicers' practices.

Wells Fargo said the new affidavits should be resubmitted by the middle of November. If the company can't meet the designated court review date, it will request an extension to assure the file contains a supplement affidavit before the judge rules on the foreclosure case.

The company also restated it will not institute a moratorium.

"At Wells Fargo, foreclosure is a last resort," Mike Heid, co-president of Wells Fargo Home Mortgage, said. "In September 2010, borrowers who have completed foreclosure were on average 16 months delinquent on their payments. When all options have been exhausted, we believe foreclosures should not be delayed."

Write to Jon Prior.

Wednesday, October 27th, 2010

The current recession and housing crisis led to several fundamental changes in the marketplace; most notably a caste system within the mortgage finance market, according to two executives at Deloitte Financial Advisory Services.

David Williams, chief executive officer, and E.J. Huntley, principal, said on the company's "Deloitte Insights Podcast" that certain financial institutions receive more funding because of their standing as credible lenders. This has created two tiers or classes of market players.

"What we've seen over the last couple years of this recession is a bi-furcation in the marketplace," Huntley said. "We've got class A properties in the top tier markets, and we essentially have everything else."

Banks and the debt market are highly focused on top tier lenders and effectively dealing only with their best customers. Williams said they are trying to establish quality, long-term relationships with lenders that have lower risk.

"If you think about the notion that two-thirds of distressed property is either going to be commercial bank financed or securitized, and E.J.'s notion that folks are working with top tier properties, those are relationship driven activities," Williams said. "Building those relationships and coming with a viable solution is very important."

Williams noted that the relationship between borrower and lender has also fundamentally changed in recent times. Lenders now have a more obligatory attitude towards borrowers that is unlikely to shift in the near future.

"Gone are the days of the 100% financing deals for spec development, gone are the days of underwriting with high loan-to-value," said Williams. "We are going to see some significantly tightened lending standards. In fact, we're seeing them already."

Both men agreed that the real estate market and general economy are both cyclical in nature and that this recession is not so different from ones in the past. Huntley said a number of common themes held true , such as the fact that real estate markets and values are highly dependent on jobs and consumer spending.

But the Deloitte execs don't know how Dodd-Frank will change the marketplace and affect the bottom tier of mortgage lending.

"What we do expect is an era of higher scrutiny, more regulatory oversight and enforcement for financial institutions," Huntley concluded. "What we don't know so much know is what the impact on the smaller community and regional banks, which is really where a significant of debt financing takes place for a lot of the assets that don't fall in the top tier class A bracket."

Write to Christine Ricciardi.

Wednesday, October 27th, 2010

Lenders completed 342 short sales and deeds-in-lieu of foreclosure through the Treasury's Home Affordable Foreclosure Alternatives program since it began through Sept. 30, according to a report from the Special Inspector General for the Troubled Asset Relief Program. But, according to some, the numbers don't add up.

HAFA went into effect April 5 as another way for lenders to keep borrowers who meet the basic requirements for the Home Affordable Modification Program but could not successfully complete the three-month trial stage. So far, the Treasury has paid out $1.6 million in TARP funds to investors, borrowers and servicers in connection with the 342 short sales or DILs through HAFA, according to Treasury data given to SIGTARP.

The number is surprisingly low, considering how many trials and permanent modifications have been canceled from HAMP. Servicers have canceled 699,924 trial modifications as of September and another 29,190 permanent modifications.

Equator, a third-party technology provider that processes short sales for major banks such as Bank of America (BAC: 7.29 -0.14%) on its Web-based platform, said the SIGTARP numbers for HAFA is far too low. According to Equator's data, lenders, real estate agents and homeowners have initiated 117,000 HAFA short sales on its system from April through Oct. 27.

No major bank had an official comment or could release their own HAFA numbers, but a spokesman at one of the big-four said the low number was very surprising and could be the result of buyers losing interest when they weren't getting the discount they wanted.

"If you look at the numbers nationwide then I do believe this is low," said Rick Desi, a short sale real estate agent and COO of Nextage Client First Realty in California. "But I know since August the market has weakened, meaning that there were less buyers and the ones we had were more picky than before."

A Treasury official told HousingWire that HAFA is still relatively new, but he did admit there weren't a lot of agreements between banks and buyers for short sales. The official did not give a number, and instead deferred to the SIGTARP report.

Early numbers from the Treasury regarding outcomes of the canceled HAMP mods pointed to possible higher results for HAFA. Through September, the top-eight servicers in the program conducted 33,259 short sales and DILs on the 524,695 trials the companies canceled, roughly 6.3%.

Many software providers and third-party outsourcing firms started gearing up for HAFA by introducing new products to the market, but most it seems now have gone through proprietary programs.

The Treasury official added that one thing HAFA has done is set a standard for how short sales, often a timely process that can last up to six months, are to be done. It provided incentives to both the lender and its investors, who are often included in the decision on whether or not to sell the home for less than what is owed on the mortgage.

According to HAFA guidelines, servicers receive $1,500 for each successful short sale done through the program, but it forfeits the right to pursue the remaining difference between the proceeds of the sale and the balance of the loan. Borrowers receive $3,000 for relinquishing the home.

For every $3 an investor gives up in any subordinate liens on the home, the Treasury pays $1, up to a $2,000 maximum.

SIGTARP also reported numbers on the HAMP second-lien program. The program known as 2MP requires a servicer to modify or extinguish a second lien if the first is worked out through HAMP.

According to SIGTARP, the Treasury has paid out $10,500 in TARP funds for 21 second-lien modifications under 2MP.

During the recent foreclosure crisis and the mortgage industry's reliance on loss mitigation, the top-five mortgage servicers grew their market share to 60% as of the end of 2009, up from 27% ten years before.

Market players aren't the only ones questioning the validity of SIGTARP findings. On Wednesday, the White House called SIGTARP findings over the American International Group (AIG: 25.25 +0.44%) investments incorrect. The SIGTARP office was not available for comment, but according to the report, while TARP dollars did well to steer the financial industry out of a complete collapse, it has fallen "woefully short" for homeowners.

Write to Jon Prior.

Wednesday, October 27th, 2010

A committee commissioned by the Bank for International Settlements questions whether financial institutions can meet the capital requirements mandated in Basel 3.

In September, the Basel Committee on Banking Supervision announced reforms to global-banking standards that increase the minimum common-equity requirement to 4.5% from 2% and order banks hold a capital-conservation buffer of 2.5%, as well.

But this week, the committee said banks will be hard pressed to adhere to the new regulations and remain in business.

"It is not possible to directly observe the minimum amount of capital needed for a bank to be viewed as viable and solvent by investors and creditors, including short-term funding providers," the 25-member committee said in its October report to the Swiss banking giant.

"Presumably, market participants make some assessment of the likelihood and size of shocks that they expect a bank to be able to withstand, and transact only with those banks that they believe have a high probability of remaining solvent in the future, consistent with their risk tolerance," according to the committee. "Unfortunately, we cannot observe these market assessments directly."

The committee also said there is "a certain circularity into the relationship between historical ratios, regulatory ratios and assessments of potential losses," as the market may demand a level of capital based on historical regulatory requirements and "the perceived costs of falling below those ratios."

Meanwhile, the president and chief executive of the Securities Industry and Financial Markets Association said the industry and regulators alike face an unprecedented task over the next few years.

Tim Ryan also wonders if the chore is outside the "historical purview" of some of the people and agencies undertaking the Herculean effort.

"235 rulemakings, 41 reports, 71 studies authored by eleven different federal agencies, bureaus and the Government Accountability Office," Ryan told the National Economists Club in Washington Tuesday. "That’s what, as legislated by the Dodd-Frank Act, needs to be studied and written over the next two-to-five years. And that’s just in the United States."

Write to Jason Philyaw.

Wednesday, October 27th, 2010

The government's much-criticized Home Affordable Modification Program helped set the stage for a successful private loan modification effort that likely wouldn't have gotten off the ground without it, said Faith Schwartz, former executive director of Hope Now.

Schwartz testified Wednesday before the Congressional Oversight Panel on the Troubled Asset Relief Program, in a hearing about TARP foreclosure mitigation programs.

"The HAMP roadmap set the stage for servicers to better apply solutions for distressed borrowers who failed to meet the HAMP requirements," Schwartz said in written testimony submitted to the panel.

"The Home Affordable Modification Program (HAMP) has received criticism, in part, because it did not immediately produce certain projected numbers of permanent loan modifications," she wrote.

"This criticism is not entirely accurate," according to Schwartz. "HAMP has played an important role by helping to organize the participants and process in the loan modification effort and instituted a loan modification protocol that would have been difficult to mandate in any other way.  Hope Now and government agencies attempted this in 2008 through the streamlined modification program, but it did not reflect all investors and primarily focused on GSE-owned loans.  That was a start, but the HAMP program expanded and formalized those initial standards for loan modifications."

The Hope Now Alliance was formed in 2007 to expand and better coordinate the private sector and nonprofit counseling community to reach borrowers at risk.

"Early on, the goal of the Alliance was simple: reach at-risk borrowers that had no contact with their servicer," Schwartz said. "Research showed that over 50% of all foreclosures involved homeowners who were not in contact with their servicer."

The alliance established a hotline, organized community outreach events, sent letters to delinquent borrowers and launched a website.

It also established HOPE LoanPort, a Web-based system that enables for uniform intake of an application for a modification, allows stakeholders to see the same information in a secure manner, and delivers a completed loan package to the servicer that is actionable. The pilot program includes 14 large mortgage servicers, representing a majority share of the market.

"HAMP modifications offer a well-defined safety net for borrowers as a first line of defense," Schwartz said. "As evidenced by Hope Now data, servicers are implementing significant modifications after reviewing for HAMP eligibility by offering alternative modifications in lieu of foreclosure. Servicers report proprietary non-HAMP solutions run almost three times greater than HAMP modifications due to eligibility challenges."

"These are modifications that do not require taxpayer dollars and they are meant to benefit the homeowner and investor in lieu of foreclosure," she said.

Write to Kerry Curry.



Origination/Lending
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Servicing/Default
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