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Archive for December, 2010

Monday, December 20th, 2010

Some 1,173 disciplinary actions were taken and $41.1 million of fines were levied this year by one regulator, including the largest number of insider-trading cases ever.

The Financial Industry Regulatory Authority has referred 244 insider-trading cases to the Securities and Exchange Commission. FINRA also launched its office of fraud detection and market intelligence this year and referred 255 matters of fraud to the SEC through November.

The independent regulator said it secured about $8 million in restitution for investors, while expelling 14 firms from the securities industry, barring 270 individuals and suspending 407 others from association with FINRA-regulated firms.

The total number of disciplinary actions was up slightly over the year-ago period. For 2009, FINRA filed 1,158 disciplinary actions, expelled 20 firms, barred 383 people and suspended 363. The figures are roughly in line with those of the past five years.

"While the regulatory environment continues to evolve, each of the efforts undertaken by FINRA this year contributes to our broader mission to protect investors by making sure the securities industry operates fairly and honestly, both in its dealings with individuals and through the operation of the systems and technologies that underpin today's markets," according to Chairman and CEO Richard Ketchum.

Within housing finance and the secondary market, FINRA said the collapse of mortgage-backed securities led to a number of investigations regarding how the debt is underwritten and sold to investors. In July, the regulator settled one action against Deutsche Bank Securities was fined $7.5 million after being found to have "negligently misrepresented and underreported the percentages of mortgages that were delinquent in the prospectus supplements of six subprime" in RMBS issued in 2006.

Write to Jason Philyaw.

Monday, December 20th, 2010

Commercial real estate investors see slight but promising signs in the U.S. economy during the fourth quarter and are more willing to look for riskier buying opportunities going forward, according to the PricewaterhouseCoopers Korpacz Real Estate Investor Survey.

PwC, a tax and advisory firm, surveyed investors in 31 separate markets nationwide. According to the survey, investors are looking to branch away from "super core markets" and find buys that could yield more returns than the safer trophy assets or vastly distressed properties. This, according to PwC, suggests both buyers and lenders are gaining more confidence in the overall performance of the economy and the real estate sector.

"This time last year investors were solely focused on ‘treasures’ or ‘traumas’ — properties that were either top-notch quality or significantly discounted due to sellers in distress, and there was no appetite for assets in the middle of the spectrum," said Mitch Roschelle, U.S. real estate advisory practice leader, PwC. "Now, many of them are looking to widen their investment parameters and take on additional risk as they see signs that the economy and the industry are slowly healing."

Capitalization rates, or the ratio of the net operating income for the investment compared to its cost, declined in 27 surveyed markets, increased in two and held steady in two over the quarter. Cap rates declined 61 basis pints in the national apartment market, the highest of any sector.

Investors said the apartment market is poised for positive rental rate trends over the next two years. The market's rent change turned positive in the fourth quarter, the first improvement since the third quarter of 2009.

The national office market had a cap rate decrease of 48 bps due to aggressive bidding from enthusiastic buyers for core assets, according to PwC.

The survey shows strong buyer interest going forward, which would either keep cap rates steady or push them down over the next six months.

Write to Jon Prior.

Monday, December 20th, 2010

Distressed homeowners working with a housing counselor are nearly twice as likely to receive a modification and are much more likely to stay out of redefault, according to a loss mitigation report from NeighborWorks America.

NeighborWorks was appointed by Congress to administer the National Foreclosure Mitigation Counseling program, and the report is an analysis of the program through December 2009. The House of Representatives is debating a bill that if passed into law would provide federal funds to nonprofit counseling agencies and nonprofit attorneys to help homeowners facing foreclosure.

Homeowners receiving a modification through an NFMC counselor saved an average $555 per month on their mortgage payments, compared to $288 a month for those who don't.

Redefault rates for homeowners counseled through the NFMC program bested homeowners who received a modification without help. According to the report, 64% of counseled homeowners remained out of serious delinquency or foreclosure after eight months, compared to 51% for those who did not receive counseling.

"The NFMC program results clearly demonstrate the value of counseling," NeighborWorks America CEO Ken Wades said. "The findings announced today illustrate the real household and economic benefit foreclosure counseling can have for families facing foreclosure."

Write to Jon Prior.

Monday, December 20th, 2010

For years commercial real estate has been billed as the next big train wreck. So why are some investors shouting all aboard?

A slowly recovering economy is part of it, though no one expects to make a quick killing on loans and securities tied to office buildings, hotels, shopping malls and the like. The bigger drivers of this rally are the low rates pushing investors to reach for yield by taking on more risk, and the wide open junk bond market that has allowed lots of companies once left for dead to refinance loans and trudge forth.

Those trends made commercial real estate debt and commercial mortgage-backed securities, or CMBS, among the top-performing asset classes this year. Buyers aren't banking on a repeat of the past year's mega-returns, which were driven by the sector's stubborn failure to collapse and by a surge in bond prices fueled both by liberal government buying and fear that the economy was turning Japanese.

But at a time when investors feel the powers that be are forcing them to take on more risk, some strong supply-and-demand factors appear to be on CMBS investors' side, at least if they keep their wits and stick to higher-quality deals.

Monday, December 20th, 2010

The price of commercial property has been fluctuating all year and prices rose for the second-consecutive month in October with a 1.3% increase, according to Moody's Investors Service.

The ratings agency said the gains in September and October followed significant declines the prior three months. For the first 10 months of the year, prices rose five times and fell five times.

Analysts said October's gain occurred despite the second-highest level of distressed loans in the history of Moody's commercial property price index with 30% of the repeat-sale transactions.

"We expect commercial real estate prices to remain choppy until transaction volumes pick up, indicating that the bid-ask spread for commercial real estate has begun to tighten," analysts said.

Moody's said prices declined 34.4% the past two years and are off nearly 42% since peaking in October 2007.

Write to Jason Philyaw.

Monday, December 20th, 2010

A look at stories across HousingWire's weekend desk … with more coverage to come on bigger issues:

Nevada Attorney General Catherine Masto joined Arizona's effort late Friday in another lawsuit against Bank of America (BAC: 7.29 -0.14%) after an investigation into its mortgage servicing division.

The suit alleges BofA misled homeowners by promising to act on requests for modifications within a period of time and allegedly making false assurances that the home would not be foreclosed upon while they were being considered for a modification.

Masto's office claims that because of the alleged modification malpractices, homeowners lost their savings, retirement and education funds.

"We are holding Bank of America accountable for misleading and deceiving consumers,” Masto said a statement. "Nevadans who were trying desperately to save their homes were unable to get truthful information in order to make critical life decisions."

Starting Jan. 1, lenders are required to provide a new disclosure clarifying how the borrower's credit score will directly affect his or her interest rate quote and other terms.

According to a weekend story in The Washington Post, the requirement comes from a bill introduced in 2003. Lenders must provide the credit score alert before the applicant commits to accept the offer.

Ted Dreyer, a senior attorney with Wolters Kluwer, an adviser to lenders, told the Post that while some borrowers will ignore the information as just another document, it "will be a valuable source of information" for those consumers with negative scores.

Freddie Mac instructed its mortgage servicers over the weekend to delay foreclosure procedures by at least nine months for military service members released from active duty through the end of 2011.

This, according to the government-sponsored enterprise, will give lenders more time to help the service members who are behind on their payments. The deadline for this requirement was extended from Dec. 31, 2010.

"Our military make sacrifices every day to protect our homes and families," said Anthony Renzi, executive vice president of single-family portfolio management at Freddie Mac. "This small act will protect financially troubled service members when they return from active duty by giving them more time to work with their lender to stay in their home."

Enterprise Community Partners, which provides capital for the development of affordable homes and rebuilding communities, praised Congress for passing a bill last week that extended tax relief, unemployment benefits and two programs within the legislation geared toward community development.

The New Markets Tax Credit program has raised more than $19 billion in private capital to build commercial real estate and other projects for low-income communities. The Gulf Opportunity Zone Low Income Housing Tax Credit Placed-in-Service deadline was extended through the new law by one year.

But Enterprise called for a two-year extension in order to create or save more than 6,000 affordable homes and $1 billion in construction activity.

Regulators closed six banks over the weekend, totaling 157 in 2010. There were 140 failed banks in 2009. The Federal Deposit Insurance Corp. estimates the total cost to the deposit insurance fund will be $267.6 million.

The Office of the Comptroller of the Currency closed United Americas Bank. State Bank and Trust Company will assume all $193.8 million in deposits and agreed to purchase essentially all $242.3 million in total assets.

The cost to the DIF is estimated to be $75.8 million.

The Georgia Department of Banking and Finance closed Chestatee State Bank. Bank of the Ozarks will assume all $240.5 million in deposits and agreed to purchase essentially all of the $244.4 million in total assets.

The FDIC estimates the closing to cost the DIF $75.3 million.

The OCC closed the Bank of Miami over the weekend, and 1st United Bank will assume all $374.2 million in total deposits and agreed to purchase roughly $442.3 million of the $448.2 million in the bank's failed assets. The FDIC will retain the rest for later disposition.

The bank's closing will cost the DIF an estimated $64 million.

The Office of Thrift Supervision closed Appalachian Community Bank. The Peoples Bank of East Tennessee will assume all $76.4 million in deposits and agreed to purchase $67.5 million of the failed bank's $68.2 million of failed assets.

The FDIC estimates the closing to cost the DIF $26 million.

The Arkansas State Bank Department closed First Southern Bank. Southern Bank will assume all $155.8 million in deposits and agreed to purchase $152.8 million of the $191.8 million in total assets at the failed bank.

The cost to the DIF is estimated to be $22.8 million.

The OCC also closed Community National Bank in Minnesota. Farmers & Merchants Savings Bank in Iowa will assume all $28.8 million in deposits and agreed to purchase essentially all $31.6 million in assets.

The failed bank's cost to the DIF is estimated to be $3.7 million.

Write to Jon Prior.

Friday, December 17th, 2010

Fannie Mae added four new broker price opinion providers to its database Friday, according to a servicing note sent out by the government-sponsored enterprise. As of Feb. 1, 2011, Fannie Mae is allowing servicers to use BPO referrals from all the companies on a list its compiling.

There are currently 11 approved companies on the list.

There is a stipulation, however, as the servicing note mentions. Servicers are only permitted to send up to 75% of their BPO requests to one provider "in order to limit risks arising from the concentration of BPO orders with a single BPO provider," Fannie Mae said.

That regulation takes effect with the option of using a Fannie-approved BPO provider on Feb. 1.

Fannie Mae set limits on BPO reimbursements, effective Friday. The amount of reimbursement for an exterior BPO is $80 and for an interior BPO is $105. Fannie noted that the process for submitting reimbursement requests has not changed.

Fannie Mae opened its sixth mortgage assistance center today in Dallas, Texas to help homeowners find solutions to foreclosure.

Write to Christine Ricciardi.

Friday, December 17th, 2010

The Securities and Exchange Commission expanded the federal government's investigation into mortgage lenders, seeking more information into the securitization of the loans, according to published reports.

Reuters reported Friday the regulator sent another round of subpoenas to some of the nation's largest banks requesting information about how home loans are bundled and sold in the secondary market, according to sources familiar with matter.

A few months ago, the SEC began an inquiry into the foreclosure practices at many mortgage lenders in the wake of the robo-signing scandal that alleged employees signed affidavits en masse without reviewing requisite documentation. A joint investigation from federal regulators and all 50 state attorneys general ensued.

Earlier this week, Iowa Attorney General Tom Miller, who has taken the lead in the AG's investigation, told distressed homeowners that he supports criminal prosecutions against bank executives found guilty in connection with the faulty foreclosure affidavits.

In July, the Federal Housing Finance Agency, which oversees Fannie Mae and Freddie Mac, sent 64 subpoenas to numerous housing market lenders seeking documents related to private-label mortgage-backed securities the GSE's invested in.

Reuters said Friday the SEC sent the latest round of subpoenas last week, according to the unnamed sources.

Bloomberg reported the banks subpoenaed declined to comment.

Also Friday, Bank of America (BAC: 7.29 -0.14%) was sued by Arizona attorney general Terry Goddard alleging the company violated the Arizona Consumer Fraud Act as well as a consent judgment entered in March 2009 between Arizona and the Countrywide companies now owned by BofA.

Write to Jason Philyaw.

Friday, December 17th, 2010

Arizona attorney general Terry Goddard is suing Bank of America Corp. (BAC: 7.29 -0.14%) and its affiliated companies, alleging the company violated the Arizona Consumer Fraud Act as well as a consent judgment entered in March 2009 between Arizona and the Countrywide companies now owned by BofA.

"Bank of America has been the slowest of all the servicers to ramp up loss mitigation efforts in response to the housing crisis," Goddard said in a statement. "It has shown callous disregard for the devastating effects its servicing practices have had on individual borrowers and on the economy as a whole."

Arizona said an investigation into Bank of America's residential mortgage servicing practices began a year ago when the state received "hundreds" of consumer complaints.

Arizona has the second highest level of fraud nationwide, according to Interthinx. It is second only to Nevada.

The complaint, filed with the Maricopa County Superior Court Friday, alleges that Bank of America mislead borrowers about its loss mitigation process and programs. Issues raised in the complaint include whether homeowners must be delinquent on their mortgage payments to be considered for a modification and whether or not a homeowner had been approved for a loan modification.

The consent judgment cited in the complaint was entered on March 13, 2009, according to the Arizona attorney general. It was formed "to resolve the attorney general’s allegations that Countrywide had engaged in widespread consumer fraud in originating and marketing mortgage loans."

According to Arizona's statement, Countrywide agreed to develop and implement a loan modification program for certain borrowers. As of Bank of America's takeover of Countrywide in 2008, the firm is responsible for fulfilling that consent judgment.

The lawsuit asks the court to hold the defendants in contempt and to pay up to $25,000 for each violation of the consent judgment. The complaint asks for up to $10,000 for each violation of the Arizona fraud act.

Rick Simon of the media relations department of Bank of America Home Loans responded to the Arizona suit and a similar one filed in Nevada by saying the company shares "with the Attorneys General the goal of helping homeowners."

"We are disappointed that the suits were filed at this time, however, because we and other major servicers are currently engaged in multi-state discussions led by Attorney General Miller in Iowa to try to address foreclosure related issues more comprehensively," Simon said."That is the approach that will best broaden programs for homeowners who need assistance."

"Bank of America has been a cooperative partner with the Attorneys General, and has worked with state leaders to evolve programs and resources to broaden assistance to distressed customers," he said. "We are already underway with further improvements to our processes and programs for Bank of America customers."

Write to Christine Ricciardi.

Disclosure: The author holds no relevant investments.

Friday, December 17th, 2010
The world’s biggest bond fund, which is run by Bill Gross at Pimco, has opened the door to start buying equity-linked securities, further fuelling the debate about the direction of bond markets.The $250 billion Total Return fund is expanding its guidelines so it will be able to invest up to 10 per cent of its total assets in preferred stock, convertible securities and other equity-related securities, Pimco said in a regulatory filing. The fund will not invest in common stock.



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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