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Archive for December, 2010

Thursday, December 16th, 2010

Republicans omitted the words “derivatives” and “deregulation” from their report released Wednesday on the cause of the financial crisis that shook the economy to the brink in 2008.

Instead, the report, released by GOP members of a bipartisan Financial Crisis Inquiry Commission, concentrates much of its 13 pages on how mortgage refinance giants Fannie Mae and Freddie Mac, as public companies, contributed to the crisis by investing in and guaranteeing mortgages of “increasingly lower quality and higher risk to the taxpayer.” It also argues that mortgage-related losses at big banks that were undercapitalized all led to a financial panic.

Thursday, December 16th, 2010

Goldman Sachs Group Inc. and Citigroup Inc. sold $876.45 million of bonds linked to U.S. commercial real estate, pushing 2010 sales to $11.5 billion as strategists forecast next year’s offerings will quadruple.

Property owners are pushing banks to offer better loan terms as more lenders vie for a share of the $650 billion commercial-mortgage bond market. Between 20 and 25 institutions are seeking to originate loans they plan to package into securities, up from about five competitors a year ago, New York- based Standard & Poor’s said in a Dec. 2 report. Issuance plunged to $3.4 billion in 2009 from a record $234 billion in 2007 after the financial crisis froze credit markets.

Thursday, December 16th, 2010

Barclays Capital unveiled a new index to track investment-grade commercial mortgage-backed securities conduit and fusion deals issued since the start of 2010.

The investment banking unit of London-based Barclays Bank said in a press release Thursday these types of CMBS transactions have been sold through private placements and ineligible for inclusion in the company's current U.S. aggregate index.

And while many of these deals are already eligible for inclusion in the Barclays Capital U.S. investment-grade CMBS index, the company wants to further differentiate them by including a lower minimum deal size of $250 million in the new index.

Barclays Capital said the index, which launches Jan. 1 as U.S. CMBS Index 2.0, will be a good basis for investable index products, including total-return swaps, structured notes and exchange-traded funds. The company also plans to break out sub-indices based on quality rating and average life of the bonds.

Write to Jason Philyaw.

Thursday, December 16th, 2010

New capital requirements under the Basel 3 framework would have cost banks roughly $770 billion had they been fully implemented at the end of last year, according to a 32-page study released Thursday by the Basel Committee on Banking Supervision.

The study also said that the shortfall for larger banks considered to be well-diversified and internationally active was far greater than for smaller institutions when it came to meeting new capital, leverage and liquidity ratios.

Thursday, December 16th, 2010

Richard Cordray, Ohio’s attorney general, is about to take his battle against foreclosure fraud, abusive payday lenders and misbehaving global financial houses to Washington.

Mr. Cordray, a Democrat, was named today to oversee enforcement at the new Bureau of Consumer Financial Protection. He lost his bid for re-election last month by the thinnest of margins to former Senator Michael DeWine.

Thursday, December 16th, 2010

Southern California home sales fell in November, reflecting a weak economic recovery, a dormant new-home market and tight credit conditions, but home prices inched upward.

The median home price rose for the 12th consecutive month, though November’s gain was less than 1% over the year-ago period, according to San Diego-based MDA DataQuick, a real estate information service.

DataQuick said 16,208 new and resale houses and condos sold in Los Angeles, Riverside, San Diego, Ventura, San Bernardino and Orange counties last month. That was down 15.5% from 19,181 in November 2009, and 3.2% lower than 16,744 sales in October.

A drop in sales from October to November is part of the normal seasonal changes for home sales.

In the new-home market, sales were the slowest for a November since at least 1988. The cost to build is higher than what buyers can afford or are willing to pay. Often builders can’t compete with the pricing of nearby resale homes, especially foreclosures and short sales.

“The great waiting game of 2010 continues. This is the year when the economy sputtered and a lot of potential homebuyers opted to sit tight, especially once the government incentives dried up. Fundamentally home sales remain weak because the job market has been slow to mend and credit policies remain unusually tight,” said John Walsh, MDA DataQuick president.

The median price in Southern California was $287,000 in November, up 1.4% from $283,000 in October, and 0.7% higher than $285,000 in November 2009.  The median’s low point for the current real estate cycle was $247,000 in April 2009, while the high point was $505,000 in mid 2007.

Foreclosure resales — homes foreclosed on in the past year — accounted for 35.1% of the resale market last month, up from 34.7% in October but down from 39% a year ago.

Buyers who appeared to have paid all cash — meaning there was no indication that a corresponding purchase loan was recorded — accounted for 28% of November sales, paying a median $205,000. Cash sales for 2010 peaked in February at 30.1%.

Flipping trended higher over the year-ago period. DataQuick said 3.6% of homes sales were bought and re-sold within a six-month period, up from 3% a year earlier.

Write to Kerry Curry.

Thursday, December 16th, 2010

Mortgage REIT investors have spent the better part of December sifting through press releases from companies such as Dynex Capital, Annaly Capital Management, Hatteras Financial and MFA Financial. What investors have been searching for are dividend announcements and stock offerings — and there have been plenty of both! In fact, every day this week investors have seen new press releases from these companies, with the news sending the individual stocks both higher and lower.

Thursday, December 16th, 2010

Bank of America Corp., after vowing to fight requests that it repurchase certain loans, has begun potential settlement discussions with some of its largest mortgage investors.

The 17-member group now in talks with the nation's largest bank as measured by assets includes the Federal Reserve Bank of New York, government-owned mortgage company Freddie Mac, BlackRock Inc., and Allianz SE's Pacific Investment Management Co., or Pimco.

Thursday, December 16th, 2010

Three congressional representatives recently introduced a bill into the House that would gradually phase out the use of Mortgage Electronic Registration Systems, commonly called MERs, within the government-sponsored enterprises as well as Ginnie Mae.

The Transparency and Security in Mortgage Registration Act of 2010, also known as H.R. 6460, would prohibit Fannie Mae and Freddie Mac from purchasing or acquiring any new MERS mortgage deal of six months after its enactment.

MERS allows lenders to track individual mortgages through an electronic tracking and holding system. According to MERS, the firm holds legal title to a mortgage as the loan owner's agent and is sometimes granted the authority to enforce foreclosure. The firm has been at the epicenter of foreclosure-gate and under scrutiny for wrongful foreclosure.

Under the bill, Fannie and Freddie would also be prohibited from new lending or investing in securities consisting of MERS mortgages for six months.

After the six-month time period expires, "MERS shall not be the named mortgagee or mortgagee of record on any mortgage owned, guaranteed, or securitized" by the GSEs. If at the six-month deadline, Fannie and Freddie still hold loans with a connection to MERS, the agencies will assign those loans to a servicer or holder, the bill states.

Ginnie Mae would be subject to the same timelines and similar terms as Fannie and Freddie under Transparency and Security in Mortgage Registration Act of 2010.

"[T]he association may not newly guarantee the payment of principal of or interest on any trust certificate or other security based or back by a trust or pool that contains, or purchase or acquire, any MERS mortgage," the bill states.

Marcy Kaptur (D-Ohio), Raul Grijalva (D-Ariz.) and Carolyn Kilpatrick (D-Mich.) introduced the bill, which would amend the National Housing Act.

MERS said it has been reviewing the bill and analyzing its impact on the mortgage and housing markets.

"MERS brings considerable value and clarity to homeowners, regulators and the mortgage industry, and we hope to emphasize those contributions in our conversations with Rep. Kaptur, her staff, and others involved with this legislation," the company said in a statement.

Patton Boggs commented that banning the use of MERS from the government agencies is remarkable since Ginnie Mae just adopted the Uniform Loan Delivery Dataset by MISMO, which is a owned subsidiary of the Mortgage Bankers Association, but used and managed by MERS. Fannie and Freddie also use the MISMO system.

The Transparency and Security in Mortgage Registration Act calls for a study to be conducted on the impacts of the lack of electronic mortgage record keeping. It would note any progress states have made in developing electronic land title recordation systems for their localities that contain uniform standards, and any findings and conclusions and best practices resulting from such development. It would also study the feasibility of creating a federal land title recording system.

MERS said it is pleased the subject will be researched and the firm "is ready and well-positioned to provide this service to the federal and state governments, county recorders, and the American homeowner."

The study is mandated to the secretary of Housing and Urban Development and the Comptroller General of the United States.

Write to Christine Ricciardi.

Thursday, December 16th, 2010

Treasury Department Secretary Timothy Geithner warned the Congressional Oversight Panel Thursday that a national foreclosure moratorium in the wake of the robo-signing scandal would only hurt home prices.

Earlier this week, COP, which was mandated by Congress to oversee the Troubled Asset Relief Program, released a scathing critique of the Treasury's foreclosure-prevention initiatives such as the Home Affordable Modification Program. At a hearing Thursday, Geithner said the Treasury's policy has always been that banks not foreclose until they are "certain of their ability to do so on a legal basis," but he scorned any consideration of a full-scale moratorium.

"As demand for housing slows, people will be unwilling to buy, and people sitting in their neighborhoods will see prices drop further because the market sees a much longer time of recovery," Geithner said.

The nation's largest mortgage servicers froze foreclosures in October when employees and attorneys were found signing affidavits en masse and without a proper review of documentation. At the time, many called for a national moratorium for all lenders. No such mandate ever came down, and those servicers have since restarted foreclosures as they've changed procedures and resubmitted faulty affidavits.

Geithner touted TARP, and continued to implore its necessity to a financial market in crisis. He also said HAMP "has helped catalyze the market to provide millions of loan modifications" either directly through the Treasury's own funding or through private programs modeled on HAMP.

But HAMP's numbers have dropped over the last few months as servicers work though a backlog of trial modifications. When COP released its report earlier in the week, Sen. Ted Kaufman (D-Del.), chairman of the panel said, "The program is turning out to have a lot less impact on the market than we thought it would have."

Geithner said there is a gap between the 5 million homeowners currently in delinquency, and the roughly 2 million who are eligible for HAMP and the Federal Housing Administration's modification program. The others, he said, fall into other programs, but many are individuals who took out loans on expensive houses, can afford to stay in their house based on debt-to-income ratios, and some were investors who bought another house.

"You have to decide to extend the benefits of these programs to these Americans," Geithner said. "We did not think that was a good use of tax-payer money."

Geithner did say the damage of the housing crisis is still "profound and tragic" and that much work remains to be done.

"One thing governments have learned in dealing with these crises is you have to keep at it. You have to keep working on it. You cannot stop working on it too early," Geithner said.

Write to Jon Prior.



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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