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Archive for November, 2010

Friday, November 19th, 2010

Cook County Sheriff Thomas Dart will restart foreclosure evictions as early as next week after the Illinois state Attorney General's office notified him he must enforce all evictions signed by a judge.

Dart put a freeze on foreclosure evictions Oct. 13 after major lenders began reviewing affidavits allegedly signed without properly reviewing the files. On Thursday, his office told HousingWire that the eviction hold could last several months, but Illinois state AG Lisa Madigan's office told Dart's office once a judge signs an eviction notice, it is considered valid and an attempt must be made.

However, Dart is sending several cases to his financial crimes unit to investigate whether lenders or their agents engaged in fraudulent or deceptive practices. Loyola University School of Law has agreed to work with Dart’s office to comb through the 2,200 foreclosure eviction orders signed by Cook County judges.

Dart's staff has already found 70% of court documents in a sample size appear to be allegedly robo-signed.

Bank of America (BAC: 7.29 -0.14%) started refiling new affidavits Oct. 25. A spokesperson for JPMorgan Chase (JPM: 37.21 -0.75%) said they have not started refiling and will do so state-by-state. The process should take three to four months.

Ally Financial (GJM: 22.57 0.00%) said it will move forward with a foreclosure in the 23 judicial states, including Illinois, when it has reviewed and remediated the affidavit.

Write to Jon Prior.

Friday, November 19th, 2010

As with any technology, our industry can construct many checkpoints to assure efficient production is balanced with quality and compliance.

In the case with robo-signers, had there been a foreclosure platform tracking production volumes — with time studied allowances for appropriate compliance — then it would have been readily apparent that the time allotted for document review, notary acknowledgment and legal compliance was insufficient.

Of course, any technology is only as good as the detail and concern used to define work flows, compliance tasks and process points.

The robo-signing breakdown is very much a consequence of many pressures that were not foreseen two to three years ago. Given the many priorities lenders faced implementing technologies for multiple loan modification programs, government short-sale solutions and borrower response demands, it would have been difficult to predict this specific fail point in any technological scheme.

The key in my mind is to start with the endpoint, which in this case, is a fully compliant foreclosure transaction and work backward to define all the events, stakeholders and checkpoints needed to build to the result.

If that result was a fixed target, then designing the inputs would be quite easy.

But as we have seen, this market breakdown is unique for its breadth and extended length, which has resulted in the traditional foreclosure process being redefined by government intervention at both the federal and local level, to say nothing of the demands financial investors made along the way.

As for other solutions, certainly, special servicers can have a focus on process and execution that is more targeted and most likely more efficient as they have designed models using expertise to avoid any delay or short cut that could represent a compliance risk because they would then incur redundant corrective action costs.

However, even the best special servicer processes are prone to breakdown when overwhelmed with unprecedented volumes, so organizational discipline to be diligent about constantly monitoring capacity management is paramount.

In this sort of unstable market, with its many disparate demands on servicers, a partner organization that has demonstrated agility in managing its people, processes and technologies is a real asset to successfully navigating the default/foreclosure cycle we are experiencing.

Lee Howlett is president of the servicing practice for ISGN, where he focuses on developing and growing the core servicing, default management and technology solutions business.

Friday, November 19th, 2010

China’s central bank unexpectedly announced on Friday night that it would require commercial banks to set aside a bit more money. It was the second such move by Beijing this month and the clearest sign yet that China means to counter the Federal Reserve’s monetary easing in the United States. 

Commercial banks were ordered to transfer an additional 0.5 percent of their assets by Nov. 29 to very low-yielding accounts at the central bank, the People’s Bank of China. The central bank relies mainly on these reserves for the renminbi it requires to buy about $1 billion a day worth of dollars, euros and other currencies — purchases that prevent the renminbi from appreciating.

Beijing, which has largely resisted United States pressure to let the renminbi rise, has argued that that the Federal Reserve’s recent easy-money actions are a de facto devaluation of the dollar.

Friday, November 19th, 2010

Wells Fargo & Co. will pay $100 million to Citigroup Inc. to settle a heated fight between two of the nation's biggest banks that began when Wells managed to sweep a stumbling Wachovia Corp. away from Citi's grasp at the height of the 2008 banking crisis.

Citi's lawsuit over Wachovia, in New York state court, had roots in late-night deal-making sessions, when Wall Street's banks teetered on the brink of demise and some of the biggest deals in banking history were forged in hours instead of days.

The duel went back and forth, with Wells Fargo and Citi each seeking to win over Wachovia.

Friday, November 19th, 2010

Texas was one of only seven states with a residential foreclosure rate below 1.85% for the third quarter.

The Texas Mortgage Bankers Association reported the foreclosure rate on residential mortgages in Texas fell to 1.82% for the third quarter, down from 1.95% in the third quarter of 2009.

The national average home foreclosure rate for the most recent quarter stood at 4.39%.

Friday, November 19th, 2010

The loan limits on jumbo conforming loans will remain unchanged for the first nine months of 2011 the Federal Housing Finance Administration said Friday. The agency recently enacted a congressional continuing resolution to maintain the limits.

The maximum jumbo loan limit is generally $417,000, but can go as high as $729,750. Loan limits vary by county and are the greatest in "high-cost" areas, meaning the top 20 major metropolitan areas across the U.S.

President and founder of Total Mortgage Services John Walsh told HousingWire in a recent interview he believes that the loan limit should extended to its fullest in every city.

"My thought is you should expand that increased conforming loan limit countrywide because a lot of people fall between $417,000 and $729,750," Walsh said. "It would put a lot more people in the purchase market that wouldn't necessarily qualify under the jumbo program."

A full list of conforming jumbo loan limits can be found here.

Write to Christine Ricciardi.

Friday, November 19th, 2010

The Securities and Exchange Commission named Jennifer McHugh acting director of its investment management division to replace the retiring Andrew "Buddy" Donohue.

McHugh is a senior advisor to SEC Chairman Mary Schapiro on issues related to mutual funds and investment advisers. She will hold the additional post until a permanent director is appointed.

Donohue announced his retirement as the SEC's lead regulator of the mutual fund industry in August. He led the agency's revamping of investment-adviser controls and curtailing adviser pay-to-play abuses.

McHugh has been with the SEC for more than a decade and initially focused on mutual fund rulemaking before becoming special advisor to the director in the division of investment management.

"Jennifer is extremely well-versed in the operations of the Division and has extensive knowledge of the mutual fund industry," Schapiro said. "I rely upon Jennifer for her wise counsel and practical insight."

Write to Jason Philyaw.

Friday, November 19th, 2010

Top mortgage servicers have completed 91,827 short sales or deeds-in-lieu of foreclosure on canceled trial or declined modifications through the Home Affordable Modification Program as of September, up 27% from the previous month, according to data from the Treasury Department.

The Treasury started HAMP in March 2009 to provide incentives to servicers for the modification of loans on the verge of foreclosure. Through October, those servicers have started 1.4 million three-month trials and converted 519,648 of them into permanent status, though conversions have been going down in recent months.

The top eight servicers — including Bank of America (BAC: 7.29 -0.14%), JPMorgan Chase (JPM: 37.21 -0.75%), CitiMortgage (C: 30.87 +1.61%), Wells Fargo (WFC: 29.60 +1.89%) and GMAC Mortgage (GJM: 22.57 0.00%) among others — have canceled 551,821 trials either due to a redefault, lack of documentation, or the borrower was deemed ineligible. Those same servicers have declined 842,436 homeowners from entering a trial, according to the latest Treasury data through September.

Of the canceled trials in that time, 47,001 have been liquidated through a short sale or the homeowner gave up the deed-in-lieu of foreclosure. Of the mortgages that were denied from a trial, 44,826 went into short sale or deed-in-lieu for a total of 91,827.

Most of the short sales, however, are reportedly not being done through the Home Affordable Foreclosure Alternatives program, which was launched by the Treasury in April to incentivize servicers to conduct short sales and DILs on loans that fell out of HAMP.

Even though the Treasury pays the servicers for a transaction done through HAFA, the Special Inspector General for the Troubled Asset Relief Program reported 342 short sales and DILs completed through HAFA as of Sept. 30.

The Treasury has not released official numbers on HAFA, but has said it expects to before the end of the year.

Write to Jon Prior.

Friday, November 19th, 2010

The Federal Trade Commission unveiled a new rule that bans companies from accepting fees for mortgage modifications before a homeowner's bank or loan servicer deems the services rendered acceptable.

The consumer protection agency expects the new rule to guard against mortgage relief scams that have sprung up during the economic crisis of the past few years. More than 30 cases against operations like these have been brought to court by the FTC, which said state and federal law enforcement have filed hundreds more, as well.

"At a time when many Americans are struggling to pay their mortgages, peddlers of so-called mortgage relief services have taken hundreds of millions of dollars from hundreds of thousands of homeowners without ever delivering results," FTC Chairman Jon Leibowitz said. "By banning providers of these services from collecting fees until the customer is satisfied with the results, this rule will protect consumers from being victimized by these scams."

The FTC said bogus companies, many of which purport to be affiliated with federal housing assistance programs, claim to be able to negotiate better mortgage terms for a homeowner through loan modification, a short sale, or other relief from foreclosure. The new mandate also requires companies "remind consumers of their right to reject the offer without any charge."

The rule also requires these companies to disclose information that consumers could misconstrue.

Write to Jason Philyaw.

Friday, November 19th, 2010

In 2007, Hypo RE was a go-to bank for customized commercial real estate financing in the U.S. German central bank bailout, Hypo, is struggling to keep up with those investments in the wake of dwindling values, especially in the U.S.

Now known as Deutsche Pfandbriefbank, the financial firm is looking to lighten the load even further.

Hypo RE last month transferred $236 billion in assets to FMS Wertmanagement, with law firm Hogan Lovells International working in an advisory role.

Following the transfer of those assets, Hypo RE continues to service the transferred portfolio for FMSW. However, investor documents reveal that the bank is being prepared for a future re-privatization, with the objective of repaying capital support provided by the German central bank "to the maximum extent possible."

That plan no longer includes servicing the U.S. portfolio. This, despite the outlook improving in the commercial real estate space.

George Ratiu, research economist for the National Association of Realtors, said in a research paper summarizing the third quarter that "U.S. commercial real estate investors are finding improved conditions in certain markets and property types. While fundamentals for office, industrial and retail properties are still trying to shake off negative absorption and rents, demand for apartments has been strong — and continues to rise."

Ratiu adds that this improvement is still at the expense of transaction volumes which remain at historic lows.

"As far as the U.S. real estate portfolio is concerned Hypo Real Estate is considering outsourcing a substantial portion of the servicing, which could include the transfer of a substantial number of employees," said a source inside Hypo RE's operations.

"The options under consideration are designed to lower operational risks in the U.S. platform and to enhance efficiency," she said.

Rumors are circulating that private-equity houses may be bidding for the opportunity. Front-runners, market players say, include usual suspects Apollo, JC Flowers and Lone Star.

"We cannot comment on potential partners," said a source familiar with the deal.

Hypo Real Estate is one of the largest benefactors of the Financial Market Stabilization Fund (SoFFin), which was set up by the German central bank during the recession. Since late 2007, Hypo received more than $20 billion in guaranteed notes from the Federal Ministry of Finance in Germany.

Write to Jacob Gaffney.



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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