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Archive for November, 2010

Wednesday, November 17th, 2010

The Texas Attorney General’s Office and a pair of Lubbock-based businesses that buy mortgages from sellers are trading paper salvos regarding consumer protection issues in Lubbock County Superior Court.

Enhance Mortgage Corp. and Templeton Mortgage Co. sued Attorney General Greg Abbott’s office Sept. 21, alleging the Lubbock office of the AG’s consumer protection division was making false allegations and threats through misuse of the state’s Deceptive Trade Practices-Consumer Protection Act.

The AG’s office countered Oct. 25 with a suit accusing the two mortgage businesses and company officers Mark Templeton Brown and Amy Dawn Brown of violating the state’s consumer protection laws.

Wednesday, November 17th, 2010

MDA Lending Solutions recently hired John Hosey as the company’s chief appraiser.

Hosey will track industry changes and guide the implementation of best practices to comply with state and federal regulations. He also will serve as a liaison to industry groups including the Appraisal Institute, the Association of Appraiser Regulatory Officials and others.

"Obtaining accurate valuations is one of the most important tasks real estate professionals face right now," said Bill Sullivan, executive vice president of MDA Lending Solutions. "John’s industry experience and compliance expertise gives MDA Lending Solutions the insight and leadership needed to develop and provide outstanding, accurate and compliant appraisal and valuation services."

Prior to joining MDA Lending Solutions, Hosey worked for Shelterfield Valuation Services in Malvern, Pa., as the appraiser and business manager where he was responsible for appraisals and rental and feasibility analysis for residential, commercial and industrial properties.

MDA Lending Solutions of Wilmington, Del., provides valuation services, settlement services, data analysis and other services to the housing industry.

Write to Kerry Curry.

Wednesday, November 17th, 2010

LendingTree Loans is acquiring the assets of SurePoint, originally known as First Residential Mortgage Network, in a deal expected to close in early 2011.

SurePoint is a lender networked with LendingTree and, in the last decade or so, originated more than $10 billion in closed loans. SurePoint provides several loans, including mortgages and debt consolidation products with more than 300 licensed loan officers.

Doug Lebda, chairman and CEO of Tree.com, the owner of LendingTree said, "This acquisition is a key component of our aggressive growth strategy for LendingTree Loans, which also includes expanding our team of loan officers headquartered in Irvine, Calif., increasing our marketing spend, and continuing to invest in process and technology to meet both regulatory requirements and our customers' needs."

Tree.com will pay SurePoint shareholders an aggregate purchase price of $6 million in cash and contingent consideration up to an aggregate additional $17 million pursuant to earn-out provisions over the next three years.

Tree.com was advised in the transaction by Petsky Prunier.

Write to Jacob Gaffney.

Wednesday, November 17th, 2010

The Federal Reserve issued a proposal Wednesday giving banks two years to bring investment activities in compliance with the Volcker Rule.

The Dodd-Frank Act requires the Fed to define a period of time the banks have to comply with the rule. It prohibits financial institutions from engaging in proprietary trading in securities, derivatives or other instruments and from investing in, sponsoring or having certain relationships with a hedge fund or a private equity fund.

The Fed said it consulted with several regulators including the Treasury Department, the Office of the Comptroller of the Currency, and the Federal Deposit Insurance Corp. in developing the time frame.

JPMorgan Chase (JPM: 37.21 -0.75%) has already shut down is proprietary commodities trading division, and Morgan Stanley (MS: 18.56 +2.26%) started to wind down its stake in the FrontPoint Partners hedge fund after the Dodd-Frank act was signed in July.

But according to an August analysis from Christopher Whalen of Institutional Risk Analyst, financial firms are still structuring assets based on corporate debt, Treasurys and mortgages, which are exceptions to the Volcker Rule and carry the same risks that led to the previous investment bubble on Wall Street.

The Fed is taking comments on the proposal, and it said the two-year period is intended to give these institutions an opportunity to adjust to the rule. Under Dodd-Frank, the Fed must issue roles to implement this period no later than Jan. 21, 2011.

Write to Jon Prior.

Wednesday, November 17th, 2010

Annaly Capital Management (NLY: 16.81 -0.41%) today announced the formation of Shannon Funding, a subsidiary that intends to provide warehouse financing and other services to residential mortgage originators in the U.S.

"Now more than ever, new mortgage origination activity is dominated by the handful of large money center banks with ready access to capital," said Michael Farrell, CEO of Annaly.

"Small- and medium-sized mortgage companies with good credit cultures and successful track records are challenged to source warehouse funding in this environment. Shannon plans to provide funding to these smaller participants in order to help them generate well-underwritten mortgage product," he said. "As opportunities present themselves in the future, Shannon will expand its strategy and operations into additional markets."

Bruce Watterson, former managing director at LPS Capital Markets, a division of Lender Processing Services (LPS: 16.78 +1.39%), will lead Shannon, which will formally launch in the first quarter.

Annaly is a Maryland-based real estate investment trust. Under tax provisions and REIT status, the majority of earning must be funneled into real estate investments.

In July, the REIT marketed more than $1 billion in stock in order to invest in mortgage-backed securities and to repay corporate expenses related to expansion.

Write to Jacob Gaffney.

Wednesday, November 17th, 2010

Christopher Whalen, co-founder of Institutional Risk Analytics, doesn’t expect the good times to last much longer — especially for the big banks. Whalen thinks they’re headed for a world of trouble — although if you follow his comments, you know he’s been saying that for at least a year.

"The crisis is going to come when people realize this current GDP level… is normal," he says, referring to the economy's 2% annual growth rate last quarter. That realization will lead to a sell-off in bank stocks, he predicts. “I don’t see how they (the stocks) can go up if we have down revenues and uncertain GDP.”

Wednesday, November 17th, 2010

Indeed, fairness dictates that all of the financial claims against [Ambac Assurance Corp] be segregated. Yet in an affidavit filed with the Court, Dilweg argues that holders of financial guarantees such as Dunkin Doughnuts and Herz will be inconvenienced if the CDS contracts are not closed-out. But Dilweg's sworn statement seems inconsistent given that he is advantaging one class of non-insurance financial claims for another. Why are the RMBS claims inferior to the convenience of Herz and Dunkin Doughnuts? Why are CDS senior to any insurance wrap by AAC and in particular the coverage of RMBS?

The determinative factor for Dilweg seems to be the Geithner imperative of first paying the bank counterparties in the CDS and effectively repudiating similar guarantees on RMBS, which were destined to eat all of AFG's capital had the State of Wisconsin not intervened. That economic fact of the losses on the RMBS, at the end of the day, was probably the driver behind Mr. Dilweg's sworn statements to the Court.� And how conveninent that the State of Wisconsin decides to segregate the liabilities most likely to become current.

Wednesday, November 17th, 2010

Mortgage applications appear to have decreased last week as interest rates moved away from historic lows and demand for refinancings fell to the lowest level since July — although the Veterans Day holiday is causing some to question the numbers.

The Mortgage Bankers Association said Wednesday that its market composite index fell 14.4% for the week ended Nov. 12, with a 16.5% drop in refinance applications. The index declined 15% on an unadjusted basis. The numbers once again represent a large swing from the prior week when the overall index rose 5.8% and refinancings climbed 6%.

"Rates increased sharply last week due to stronger economic data and lingering uncertainty regarding the structure and impact of the Fed’s QE2 program," said Michael Fratantoni, MBA vice president of research and economics. "Mortgage applications, particularly for refinances, dropped in response."

Purchase applications decreased 5% last week for the first time in a month, as well, according to the MBA. The unadjusted purchase index fell 8.2%, and was 11.3% lower than the year earlier.

The MBA did not adjust its weekly figures to account for the Veterans Day holiday, however, and some Wall Street analysts said that the numbers would have looked much different had the MBA done so.

"If we make a 25% adjustment to account for the Veterans Day holiday, the refinance index was marginally higher, even though the mortgage rate was 18bps higher based on the MBA survey," wrote Chris Flanagan and analysts at Bank of American Merrill Lynch in a research note Wednesday morning. "Overall, there was no major surprise."

In four-week moving averages, the seasonally adjusted market index is down 2.8%, the purchase index is up 1.3% and the refinance index is down 3.7%. Refinancings accounted for 80.3% of all mortgage applications last week, down from 81.7% the week earlier.

The MBA said the average interest rate for 30-year and 15-year fixed mortgages rose to the highest level in two months, climbing to 4.46% from 4.28% and to 3.87% from 3.64%.

According to Zillow Mortgage Marketplace weekly update, rates for a 30-year, fixed-mortgage increased to a four-month high of 4.34% last week, up from a record low of 4.07% the prior week.

Zillow chief economist Stan Humphries also attributed the jump in rates to the Federal Reserve's quantitative easing plan, set in motion earlier this month.

Write to Jason Philyaw.

Wednesday, November 17th, 2010

The U.S. housing market continues to show signs that it isn't well, with housing starts falling 11.7 percent in October to an 18-month low, the Commerce Department reported Wednesday.

The annualized rate of new housing starts for last month came in at 519,000, well off consensus estimates of 600,000.

While October housing starts fell to a level not seen since April of 2009, September's housing start figures were revised downward as well, from an annualized pace of 600,000 to 588,000.

Single-family housing starts — a subset of the overall housing figures reported by the Commerce Department — fared only slightly better in October, coming in at a 436,000 annualized rate, down 1.1 percent from a revised September figure of 441,000 and off 8.2 percent from one year earlier.

Permits for future construction posted a 550,000 annualized rate in October, up slightly from September but off 4.5 percent from year-ago totals. Single-family permits came in at a rate of 406,000, one percent above September levels.

While housing starts missed consensus, the Mortgage Bankers Association also reported Wednesday that mortgage applications fell 14.4% for the week ended Nov. 12 as refinance demand waned during a holiday week. Read the full story.

Write to Paul Jackson.

Tuesday, November 16th, 2010

Lender Processing Services (LPS: 16.78 +1.39%) said the delinquency rate in October was 9.29% for loans that were 30 or more days overdue.

The rate was flat with the September delinquency rate of 9.27%, but year-over-year,  the delinquency rate is down 8.4%, said LPS, a data and analytics firm in the mortgage finance and residential real estate industries.

The current inventory of pre-sale foreclosures is 3.92% of the housing market, up 2.1% over September and up 5.2% over the year-ago figure.

The data comes from a "first look" at month-end mortgage performance statistics derived from its loan-level database of nearly 40 million mortgage loans.

LPS said 4.95 million properties have loans that are 30 or more days past due, but not in foreclosure while 2.24 million properties have mortgages that are 90 or more days delinquent. Last month, the number of 90+ delinquencies stood at 2.3 million.

Nearly 2.1 million homes are in pre-sale foreclosure inventory, while the total number of properties that are 30 or more days delinquent or in foreclosure stands at more than 7.04 million, similar to last month’s figures.

States with highest percentage of noncurrent loans were Florida, Nevada, Mississippi, Georgia, Louisiana and New Jersey. States with the lowest percentage of noncurrent loans were Montana, Wyoming, Alaska, South Dakota and North Dakota. Noncurrent totals combine foreclosures and delinquencies as a percent of active loans in that state.

LPS will provide a more in-depth review of this data in its monthly Mortgage Monitor report, due out on Nov. 22.

Write to Kerry Curry.



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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