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Archive for November, 2010

Friday, November 19th, 2010

Pacific Investment Management Co., which manages a global mutual fund, did not confirm reported plans of raising $1 billion to buy distressed loans from troubled banks.

Bloomberg reported Thursday the firm was gathering private capital to go after distressed mortgages and bonds. The amount of "problem banks" overseen by the Federal Deposit Insurance Corp. went from 775 to 829 in the second quarter.

Citing unnamed clients at Pimco, Bloomberg said the firm plans to work with a loan servicer to cure the mortgages with the borrower.

Grant Thornton, which offers tax and advisory services, said earlier in the year that problem banks mean opportunities for some.

"One thing appears certain – bank failures coupled with FDIC assistance will continue to present significant opportunities with clear and unique benefits for healthy banks and other investors," according to Grant Thornton. (Click on chart to expand.)

Jon Daurio, chief executive of Kondaur Capital Corp., which operates a competitive fund that buys up distressed loans from troubled banks, told HousingWire in May that the strategy all depends on valuation.

"There's no bad loan. There's only bad loan pricing," Daurio said.

Write to Jon Prior.

Friday, November 19th, 2010

A Miami federal court found executives at BankAtlantic Bancorp (BBX: 3.06 +6.25%) guilty of securities fraud Thursday because they failed to disclose certain investment activity to investors.

The company must give $2.41 per share to each shareholder who purchased BankAtlantic common stock between April 26 and Oct. 26, 2007.

According to the complaint, the company granted a $27 million loan without an adequate appraisal of the underlying collateral, "significantly understated" its at-risk portfolio, lacked adequate internal and financial controls and deferred the recognition of losses associated with certain nonaccrual loans rather than taking timely writedowns on those loans.

"On Oct. 25, 2007, the company shocked investors when it reported its third quarter 2007 financial and operational results," the complaint said.

For the quarter, BankAtlantic reported a net loss of $29.6 million, or 52 cents per share, compared to net income of $2.5 million, or 4 cents per share, for the third quarter of 2006.

Chairman and CEO of BankAtlantic Bancorp Alan Levan said he was very disappointed with the verdict of the case.

"The jury found seven isolated statements made in earnings conference calls were false," Levan said. "In adopting the Private Securities Litigation Reform Act, Congress provided safe harbor within the 'forward looking statement' and intended to provide a forum for corporate executives to freely discuss their businesses and their prospects without fear of this kind of litigation."

According to Levan's statement, the court ruled that BankAtlantic's allowance for loan loss provision, and BankAtlantic Bancorp's financial statements were accurately calculated and reported throughout the class period.

Levan also said his firm plans to file motions to set aside the verdict.

BankAtlantic Bancorp is a financial services holding company and the parent company of BankAtlantic, one of Florida's largest banks. The federal litigation will reportedly not affect the operations of BankAtlantic as the charges were brought against the parent company.

Write to Christine Ricciardi.

Disclosure: The author holds no relevant investments.

Friday, November 19th, 2010
Meredith Whitney, a Wall Street analyst who shot to prominence with bearish calls on banks before the financial crisis, plans to set up a credit-rating agency to go head to head with Moody’s Investors Service and Standard & Poor’s.

Ms Whitney said in an interview with the Financial Times that her new agency would use the same business model as established agencies, in which issuers of debt pay for ratings. She maintainted that she would be able to manage potential conflicts of interest, saying: “If you run a good business and you have compliance in place, there should not be problems.”
Friday, November 19th, 2010

Ally Financial's (GJM: 22.57 0.00%) GMAC Mortgage holds the highest serious delinquency rate of Ginnie Mae-backed mortgages for any servicer, according to a report from investment bank Credit Suisse.

Ginnie guarantees investors the timely payment of principal and interest on mortgage-backed securities containing federally insured loans, mainly through the Federal Housing Administration.

The 2007 vintage of Ginnie-backed mortgages holds more delinquent loans by percentage than any other, and across all coupon stacks, the 6% segment is the most troubled. According to Credit Suisse analysis, of the Ginnie mortgages that fall into those two categories, 17.6% are in 90-plus delinquency or worse.

The next highest is servicer is Taylor, Bean & Whitaker at a 7.1% serious delinquency rate. For Bank of America (BAC: 7.29 -0.14%), the rate is at 4.1%. Each servicer below that, including JPMorgan Chase (JPM: 37.21 -0.75%), Citigroup (C: 30.87 +1.61%) and Wells Fargo (WFC: 29.60 +1.89%) had serious delinquency rates of that vintage and coupon stack below 2%.

Earlier in the week, Ginnie said it would begin disclosing which loans in its pools had been through the loss mitigation process. These loans would qualify for that disclosure, but Credit Suisse analysts said modified loans reset their duration expectancy, or the expected amount of time it would either default or pre-pay.

In comparison, mortgages that were brought current under the same terms are easier to identify because the duration expectancy doesn't reset.

Write to Jon Prior.

Friday, November 19th, 2010

The SEC is all over the news today. It’s investigating Citigroup!

It’s examining Charles Schwab over the YieldPlus fiasco which we thought was settled but wasn’t! And, of course, in conjunction with Andrew Cuomo, it’s coming down on Steve Rattner like a ton of bricks:

The two lawsuits seek at least $26 million from Rattner and his immediate lifetime ban from the securities industry in New York…
“Steve Rattner was willing to do whatever it took to get his hands on pension fund money including paying kickbacks, orchestrating a movie deal, and funneling campaign contributions,” said Attorney General Cuomo. “Through these lawsuits, we will recover his ill gotten gains and hold Rattner accountable.”

Friday, November 19th, 2010

Dallas-Fort Worth foreclosure postings reached nearly 64,000 for 2010, a new annual record high, according to Foreclosure Listing Service.

The year-end data is available because the filing deadline for the last auction on the Dec. 7 has passed.

“For the second year in a row, residential foreclosure postings continued to climb with almost 64,000 D-FW homes threatened by foreclosure this year,” said George Roddy Sr., president of Foreclosure Listing Service.

For the year, 63,835 residential properties received a foreclosure auction posting, up about 4% from 2009 when 61,676 properties were posted. Annual foreclosures have risen 384% over the past 10 years, according to FLS. In 2000, 13,185 homes in the area were posted for a foreclosure auction sale.

For the month of December, 6,081 homes were posted for foreclosure sale, up 31% from November. For the fourth quarter, postings were down 6% compared to the year-ago quarter.

Not all properties posted for a foreclosure sale are ultimately sold at auction, as some may come under review for a loan modification, or if the homeowner pays the delinquent amounts or files for bankruptcy it would be removed from the auction, for example.

Write to Kerry Curry.

Friday, November 19th, 2010

Home sales will hit bottom by the end of the fourth quarter and trend upward in 2011, according to a recent Fannie Mae economic report. The firm said purchase activity will depend strongly labor conditions, but that it expects a modest yet solid recovery to manifest in 2011.

Total home sales are expected to decline by 8% for the year compared to 2009, and then increase by 3% in 2011.

According to the report, 2010 total sales are expected to hit 5,112 homes — 330 new homes and 4,782 existing homes. Distressed sales accounted for one-third of existing home sales in the third quarter.

Fannie Mae predicts that homes sales will reach 5,271 in 2011 (up 3%) and 5,704 in 2012 (up 8%).

Despite policy aimed at keeping homeowners in their homes, the homeownership rate in the third quarter of 2010 was at the lowest point since 1999, according to Fannie Mae. The rate remained flat from the second quarter at 66.9%. The report said the homeownership rate decreased steadily since its peak at 69.2% in 2004.

In accordance with this data, Fannie Mae reported that the homeowner vacancy rate remained at an elevated level in the third quarter at 2%. This measures the share of housing units that are typically owner-occupied but are vacant and for sale. The vacancy rate reached its peak in 2008 at 2.9%.

Vacancy rates in rental properties, in contrast, are declining, down to 10.3% in the third quarter from 10.6% in the second. The rate has been steadily improving since the fourth quarter of 2009 when the rate was 11.1%.

Fannie Mae cautions, however, that the rental vacancy rate is extremely volatile so it is hard to determine what the normal rate is.

Write to Christine Ricciardi.

Friday, November 19th, 2010

Paul Solman speaks with Bethany McLean and Joe Nocera, authors of "All the Devils Are Here: The Hidden History of the Financial Crisis" about the villains of the financial crisis. It's part of his ongoing series, Making Sen$e of Financial News.

At the Museum of American Finance on Wall Street…Bethany McLean, famous for breaking the Enron story, is a contributing editor at "Vanity Fair" magazine, Joe Nocera, a columnist for The New York Times.

Friday, November 19th, 2010

John Burns Real Estate Consulting said in a report Friday that government intervention is hurting the housing market, and the firm is growing more concerned that lawmakers will reduce the cap on mortgage interest rates that qualify for tax deductions "significantly."

While John Burns graded the overall indicators of the economy in positive territory, such as gross domestic product, personal income growth and even employment, housing continues to remain weak as demand is vacant and distressed sales will continue to pressure pricing.

Big policy shifts from Congress are in store for 2011, according to the report.

"While big curveballs could be thrown at the housing business, the most likely scenario is that government intervention will make homes slightly harder to sell over the next few years," according to the report.

When a commission was appointed by President Obama to overhaul the tax system and reduce the national debt, it came back earlier in November with an option to reduce the mortgage interest deduction, one of the primary incentives for owning a home. The Mortgage Bankers Association and the National Association of Realtors immediately recoiled at the idea, but John Burns said it was unlikely Congress would act until now.

"We have been saying that Congress won’t mess with the interest rate deduction, except maybe to drop the cap below $1,000,000," the report said. "We are becoming more concerned that the cap might be lowered significantly. A drastic decline in the cap, or a phased in decline, would impact the move-up builders and a minority of expensive states dramatically."

With other reform to the government-sponsored enterprises and mortgage underwriting standards up for review in 2011, John Burns highlighted the impact Congress can have on housing.

"There is plenty of short-term risk ahead. Focus on good locations where people want to live, and plan for having to sell homes to higher credit quality buyers. Stay more informed than ever because surprise announcements could impact consumer confidence and sales positively or negatively," the report said. "In turn, that could dramatically affect home buying sales, volume and pricing."

Write to Jon Prior.

Friday, November 19th, 2010

Disappointingly slow. That's Federal Reserve Chairman Ben Bernanke's latest assessment of the economic recovery in the U.S. But, he does believe the central bank's policy changes are helping.

In a speech at a European Central Bank conference in Frankfurt Friday, Bernanke said financial conditions eased notably earlier this month ahead of the Fed's decision to purchase another $600 billion of long-term Treasury securities, "suggesting that this policy will be effective in promoting recovery."

Although not everyone agrees with that assessment, and some want the bond-buying program discontinued. Earlier this week, Bernanke told Republican senators the plan could eventually create up to 1 million jobs, according to an article in The Wall Street Journal.

Meanwhile analysts at Capital Economics think deflation is the most grave concern.

"Fears that the Fed has put the economy on the path towards rampant inflation looked even more misguided last week when it was announced that core CPI inflation fell to a record low of just 0.6% in October," analysts at the Toronto-based macroeconomic research firm said. "The real danger is that the [U.S.] economy is heading towards deflation."

Bernanke praised central banks for working together the past few years as the global economic crisis took root, and for being "creative and innovative" in developing programs aimed at easing financial stress and supporting growth. Still, the banks "must be vigilant in monitoring financial markets and institutions for threats to systemic stability and diligent in taking steps to address such threats," according to the Fed chairman.

He said while the actions taken thus far "helped set the stage for recovery, economic growth rates in the advanced economies have been relatively weak."

He pointed to the U.S. unemployment figure that has flirted with 10% for more than a year now and low inflation that continues to decline as the main drivers keeping the American economy down. The Fed chairman still expects growth to accelerate and unemployment to decline somewhat in the coming year.

Write to Jason Philyaw.



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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