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Archive for December, 2010

Tuesday, December 21st, 2010

This week, the Federal Deposit Insurance Corp. closed sales of 40% equity interest in three limited liability companies it set up to hold commercial and residential assets of 26 failed banks.

Combined, the FDIC sold $620 million in unpaid principal on these portfolios for roughly $198 million, less than one-third of what the loans are worth.

Two of the sales went to California-based investment firm Colony Capital and the New York-based private equity company The Cogsville Group, to purchase a portfolio of 198 distressed commercial real estate loans from five failed banks. More than 38% of them are nonperforming. The two companies paid 60.1% of the roughly $137 million in unpaid principal balance on the loans.

The second purchase by the two companies was a portfolio of 557 distressed commercial real estate loans in a separate LLC created by the FDIC. More than 50% of these loans are nonperforming. But the two companies paid roughly 27% of the $204 million in unpaid principal balance.

In their own announcement of the purchase Monday, Donald Cogsville, CEO of the Cogsville Group, said the areas in which the collateral is located will lead the nation in job creation and increase the value of the portfolio.

The third sale went to Cache Valley Bank based in Utah. It received a portfolio of 761 residential and development loans. More than 50% of the loans are nonperforming. The bank paid roughly 22% of the $279 million in unpaid principal balance.

Write to Jon Prior.

Tuesday, December 21st, 2010

Some of the nation's largest mortgage lenders must go before the New Jersey state Supreme Court to defend their foreclosure processes.

Garden State Chief Justice Stuart Rabner ordered Bank of America's (BAC: 7.29 -0.14%) Home Loan Servicing unit; Ally Financial (GJM: 22.57 0.00%); JPMorgan Chase's (JPM: 37.21 -0.75%) home finance unit; Citibank's (C: 30.87 +1.61%) Citi Residential Lending; Wells Fargo (WFC: 29.60 +1.89%); and One West Bank (the former IndyMac) to "show cause why the processing of uncontested residential mortgage foreclosure actions they have filed should not be suspended."

He said a judge must rely on the accuracy of documents submitted during a foreclosure and called this step "critical to the integrity of the judicial process."

The Supreme Court's action Monday follows a series of recommendations from Legal Services of New Jersey. The investigation by the advocacy group was in response to the robo-signing scandal first uncovered in late September that alleged employees signed foreclosure affidavits en masse without properly reviewing documentation. A joint investigation from federal regulators and all 50 state attorneys general ensued.

The banks are set to appear in state Superior Court in Trenton Jan. 19. New Jersey is the first to call the banks to testify before the highest court in the state. Iowa Attorney General Tom Miller, who has taken the lead in the AG's investigation, told distressed homeowners last week that he supports criminal prosecutions against bank executives found guilty in connection with the faulty foreclosure affidavits.

Rabner also ordered 24 other lenders and mortgage servicers to issue reports demonstrating no irregularities with their foreclosure document preparation and filing. Each of the financial institutions filed more than 200 foreclosure actions in the state this year.

One analyst expects the court action to at least result in longer timelines and higher loss severities.

"Bottom line is that these actions will result in longer liquidation time lines with higher CDRs and loss severities being realized in the second half of 2011," according to Scott Buchta, head of investment strategy at Braver Stern Securities. "Most people that we have talked to expect liquidation time lines to extend an additional three to six months. In the near-term severities may drop slightly as short sales will make up a higher percentage of all distressed sales."

The Associated Press was the first to report the court's action Monday afternoon and said spokesmen for the most of the banks declined to comment. A Wells Fargo spokesman told the AP the bank intends to comply with the order.

Write to Jason Philyaw.

Tuesday, December 21st, 2010

Bank failures in Florida have cost the Federal Deposit Insurance Corp. the most money of any state in 2010, according a report by Condo Vultures released Tuesday.

The real estate consultancy firm said the 29 bank failures have cost about $2.1 billion in losses to the FDIC's deposit insurance fund, or about 10% of the $22.2 billion in losses so far in 2010.

Since 2008, when the housing bubble burst, 45 Floridian banking institutions have closed for a total loss of $9.7 billion, or 14% of the $69.1 billion total write-off nationwide since that year.

Peter Zalewski, a principal at Condo Vultures, said this data should come as no surprise.

"Consider that 185,000 condominium units — including more than 22,000 in greater downtown Miami – were created alone in the Tri-county South Florida region since 2003," Zalewski said. The Tri-county Florida area encompasses the Miami-Dade, Broward and Palm Beach counties. "It is worth noting the FDIC has been preparing for a rash of Florida bank failures, which is why it opened a 500-person bank seizure and asset sales office in the north Florida city Jacksonville in 2009."

In May of last year, the FDIC opened this center to "keep temporary asset resolution staff closer to the concentration of failed bank assets they oversee," according to a press release. Once work diminishes in the region where the office is stationed, the office is closed.

The FDIC said the Jacksonville satellite office receives a ton of work, as it essentially handles bank closings in the Eastern third of the U.S. FDIC Representative David Barr said the agency does not predict when these offices will close because it is too difficult, but when the office does close it is a good thing.

"It means the banking and financial situation has stabilized around that area," Barr said. The other two centers are located in Irvine, Calif. and Schaumberg, Ill.

According to the Condo Vultures report, the Jacksonville center is unlikely to close soon.

Georgia, which is in the same region as Florida, currently leads the nation in bank closings since 2008 at a total of 46 failed institutions. Florida is second with 45, followed by Illinois (38), California (34) and Minnesota (15).

In total, the FDIC has closed 317 banks in 40 states and Puerto Rico since 2008. The total number of bank failures for 2010 stands at 157, up from 140 in 2009.

Write to Christine Ricciardi.

Tuesday, December 21st, 2010

Fannie Mae raised its estimates for 2011 based on improving consumer spending and consumer confidence, increased demand for goods and services, and expected drops in unemployment claims.

The government-sponsored enterprise now expects GDP growth of 3.4% next year up from a prior estimate of 2.9%, but warned a weaker-than-expected November jobs report, the continuing economic turmoil in Europe, and potential inflation problems in China pose downside risk.

Analysts expect the housing market to rebound in 2011 assuming the "expected stronger labor market materializes." The GSE sees unemployment dropping "toward 9.4%" by the end of next year from the current 9.8%, as "we close 2010 with a sense of building momentum."

Fannie Mae forecasts housing starts to increase 18.5% next year with a nearly 20% rise in new home sales and 4% gain in existing home sales for a 5% overall gain. In 2010, total sales fell 7% with a 14.2% drop in new homes sales and a 6.5% decline in existing home sales. The GSE also expects refinancing activity to cool considerably next year shrinking to about 42% of the projected $1.3 trillion in mortgage originations. Refinancings currently account for about three-fourths of mortgage activity.

"Despite rising mortgage rates, our forecast for home sales is stronger than the previous forecast, given our brighter economic growth and labor market outlook," Fannie Mae Chief Economist Doug Duncan said. "We expect modest increases in home sales, despite recent interest rate rises, due in part to modest additional declines in home prices, and we expect people to take advantage of affordability as their employment and income outlook brightens."

Write to Jason Philyaw.

Monday, December 20th, 2010

The probable rate of mortgage fraud on loans written in 2010 increased 20% as the amount of loans originated continues to fall, according to data analytics firm CoreLogic (CLGX: 14.56 +0.62%).

The CoreLogic Fraud Index estimates losses on loans due to fraud will drop to $11 billion in 2010, down 21% from the $14 billion reported in 2009. It’s the lowest amount of losses since 2006 when CoreLogic found nearly $30 billion lost on mortgages written to much more lenient underwriting standards.

But even though losses have dropped by dollar amount, the rate of fraud became more prominent due to higher-risk government loan programs, according to CoreLogic. Actual fraud losses are lower because the origination market is down 26% from a year ago.

Lenders filed more than 35,000 suspicious activity reports on questionable loans during the first half of 2010. That's up 7% from the same period a year before, according to the Financial Crimes Enforcement Network. In December, FinCEN proposed a new requirement forcing nonbank residential mortgage lenders to begin filing the reports.

Write to Jon Prior.

Monday, December 20th, 2010

Wells Fargo & Co. agreed to make an estimated $2.4 billion in mortgage modifications for California homeowners with "pick-a-payment" type adjustable-rate loans, as part of an agreement with the state's attorney general.

Monday, December 20th, 2010

The Senate passed a bill directing the Government Accountability Office to conduct a comprehensive study of the National Credit Union Administration's handling of the corporate credit union meltdown.

The study would also evaluate the agency's handling of the growing losses among big credit union failures.

Monday, December 20th, 2010

Commercial mortgage lender Walker & Dunlop made an inauspicious debut on the New York Stock Exchange last week as its shares closed below the initial-public-offering price, but the showing may say more of the tempering IPO market than the strength of the offering.

The Bethesda firm's stock, with an initial per-share price of $10, hovered around $9.80 for much of the day and closed at $9.90. Shares were priced well below the $14 to $16 range that Walker & Dunlop anticipated in its Securities and Exchange Commission filing on Dec. 13.

Monday, December 20th, 2010

Bank of America Merrill Lynch (BAC: 7.29 -0.14%) will tap the lending abilities of AEGON USA Realty Advisors to source new loans for commercial mortgage-backed securities issuances.

AEGON is the commercial real estate investment and management arm of the AEGON Global Asset Management organization, which is part of AEGON N.V., a life insurance, pension and investment company based in the Netherlands. Steve Myers, an executive vice president and head of real estate credit at AEGON, said the firm is excited to be partnering with the one of the leading issuers of CMBS.

At the height of the securitization market in 2006, there was more than $226 billion in issuance. After the financial crisis, CMBS issuance dropped to $1.9 billion in 2009. Bank of America Large Loan Trust issued one of only three CMBS issuances that year, a $460 million deal in December.

But in 2010, JPMorgan Chase (JPM: 37.21 -0.75%) is leading a revival in new CMBS bonds. The bank organized $1.1 billion in CMBS notes in the September. A Goldman Sachs (GS: 111.77 +2.96%) deal in December pushed total sales in 2010 to $11.5 billion. Analysts predict next year's offerings will quadruple.

Mike Mezzei, BofAML's global head of CMBS, said AEGON is an established commercial real estate platform that will help the company increase new securities.

"As the CMBS market continues to recover, this relationship will allow us to increase our securitization capacity and strengthen our CMBS origination capabilities," Mezzei said.

Write to Jon Prior.

Monday, December 20th, 2010

Perhaps the most sacred of all the sacred cows in the tax code, the home mortgage deduction has long been seen as critical to a major element in the American dream — owning your own home. It's also a boon to home builders, construction workers, the financial services industry and local governments that benefited from fatter real estate tax revenue.

But after nearly a century, the mortgage deduction may face a day of reckoning. Though out of the spotlight for the moment while the lame-duck Congress thrashes to an end, the mortgage deduction issue is likely to resurface next year when new representatives — including a lot more deficit-hawk Republicans — take their seats.



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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