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Archive for December, 2010

Wednesday, December 15th, 2010

A torrent of new rules for Wall Street and U.S. banks is pouring off Capitol Hill into the federal regulatory agencies, unleashed by the devastating 2008-2009 financial crisis.

The agencies is where the action will be this year and next as regulators, lobbyists and lawmakers struggle to implement the Dodd-Frank financial reforms.

With parallel efforts under way in Europe, Dodd-Frank — enacted on July 21 — is likely to be implemented as written, though banks are lobbying for softening parts of it to protect their profits and business models.

Here's what lies immediately ahead and a look into 2011:

DEBIT CARD FEES: Dodd-Frank ordered cuts in the fees that banks charge on debit card transactions, but left details unclear, saying fees must be "reasonable and proportional."

Wednesday, December 15th, 2010

Pooling and servicing agreements used when issuing residential mortgage-backed securities meet the requirement for a "complete" or "unbroken" chain of endorsement, American Securitization Forum Executive Director Tom Deutsch said in testimony Wednesday before the House Judiciary Committee.

It is Congress' fifth hearing on recent foreclosure issues and documentation problems in the mortgage industry, and the Judiciary committee's second in two weeks. When several of the largest banks suspended foreclosures in October over faulty affidavits, consumer advocates, regulators and lawmakers began doubting title owners on loans that had been sold through the secondary market.

Deutsch said a typical PSA used in RMBS deals includes a section requiring legal documents for each pooled mortgage be delivered to the trustee or a custodian on the trustee's behalf. The delivery must bear either an endorsement in blank or an endorsement to the trustee, and a "complete" or "unbroken" chain of endorsements from the originator a named payee to the person signing the endorsement.

Deutsch went on to say that typical language in the PSAs does not state or imply that a chain means all prior owners or holders of the note must appear on the chain.

"Nor does any judicial proceeding consider or uphold this novel opinion," Deutsche said.

In Nov. 18 testimony before a House Financial Services Subcommittee, Adam Levitin, associate professor of law at Georgetown University, said PSAs require a specific form of transfer, but New York trust law requires more than a recital of that transfer.

"The reason for requiring this complete chain of endorsement from originator up through the depositor before a final endorsement to the trust is to provide a clear evidentiary basis for all of the transfers in the chain of title in order to remove any doubts about the bankruptcy remoteness of the assets transferred to the trust," Levitin said.

But Deutsch argues the law only requires "there be no gaps in the chain of endorsements, and that the chain of endorsements be sufficient to effect a transfer to the trust under applicable law."

Still, in his testimony, Levitin points out the need for courts to clarify language in such a vital market.

"The chain of title problems are highly technical, but they pose a potential systemic risk to the US economy. If mortgages were not properly transferred in the securitization process, then mortgage-backed securities would in fact not be backed by any mortgages whatsoever," Levitin said.

Write to Jon Prior.

Wednesday, December 15th, 2010

Bank of America Merrill Lynch expects the beleaguered housing market to keep pushing the U.S. economic recovery down through at least the first half of 2011.

Analysts foresee GDP growth lower than the consensus estimate of 2% for the first six months of next year with "better growth in the second half as a variety of uncertainty headwinds abate." For the full year, BofAML predicts GDP growth of 2% to 2.5% as core indicators of inflation weaken further.

In its global economic outlook for 2011, BofAML said the U.S. economy remains vulnerable to premature fiscal tightening, commodity shock and a variety of other downside risks.

"Batten down the hatches," according to Ethan Harris, head of developed markets economics and coordinator for global economics for Bank of America Merrill Lynch.

Analysts expect growth to inch back up to 3% in 2012, "but a true rebound remains a long way off."

Senior U.S. economist Michelle Meyer said "it could take nearly a decade" for the housing market to return to some sense of normal.

New home sales are down 80% from their peak and existing home sales are off 40% according to BofAML, which anticipates sales to remain muted before starting to climb in the middle of next year.

Analysts project home prices to fall another 5% through the first half of 2011 because of slow jobs growth and the residual effects of the foreclosure fiasco that plagued the industry in 2010. And BofAML expects the foreclosure problems to weigh on the space for the next several years.

Home prices will be hurt by the nearly 2.3 million mortgages BofAML expects to wind up as distressed sales over the next year and half. Still, there is another 2.2 million of seriously delinquent mortgages and roughly 3.8 million homes for sales. Subtract the nearly one-quarter of foreclosed homes in REO, and BofAML puts the supply of homes at 7.2 million, or 21 months. Analysts do believe the delinquency rate has peaked, "but it is likely to fall gradually" due to slow jobs growth that will keep the number of new foreclosures elevated.

Write to Jason Philyaw.

Wednesday, December 15th, 2010

First we wish a safe holiday and happy, healthy and prosperous New Year to all. The IRA will be quiet until just before New Years, when we will review last year's predictions publish our prognostications about 2011.

Also, this week in The IRA Advisory Service, we discuss how the proposal by the FDIC to impose punitive insurance premiums on large banks that use all types of brokered deposits could have a decidedly adverse impact on the entire U.S. banking industry. To our friends at the FDIC we recall the old saying: Be careful what you wish for. You may get it.

We start this comment with an excerpt from Ian Jack's review of Fintan O'Toole's new book, Ship of Fools: How Stupidity and Corruption Sank the Celtic Tiger. Both are must reading for students of the crisis around the world. And conveniently enough, you have but to change the words of either of these works to include American politicians and states to show that the stories on both sides of the pond were remarkably similar.

Wednesday, December 15th, 2010

California has been the poster child for the subprime mortgage mess since the bubble burst in 2008. However, a November report from analytics firm 1010data, conducted in conjunction with CoreLogic, show New York has bumped California out of the top five worst housing markets in the country.

According to the November report, delinquencies in both the subprime and Alt-A mortgage sectors are higher in New York than they are in California. Approximately 44% of subprime and Alt-A mortgages in New York are 60-days or more delinquent.

In California, approximately 38% of subprime mortgage loans and Alt-A mortgage loans are 60-days or more delinquent. (Click to expand)

Jonah Green, director of mortgage analytics at 1010data, attributed the firm's findings to how New York handles foreclosures. New York is one of 23 judicial states, which deals with foreclosures through the legal system and gives borrowers a trial before being foreclosed on.

California is a nonjudicial state, meaning a foreclosure doesn't need to be approved by a state court. Green said the time it takes for a servicer or lender to repossess and liquidate a home in New York is much longer than California because of the judiciary process.

"Securitized Alt-A and subprime loans that are being liquidated in New York haven't made a payment in 32 months," Green told HousingWire. "In California, however, it is only 19 months."

In 2009, the liquidation rate in California was 15 months, compared to 21 months in New York. Green said the judiciary process of dealing with foreclosures slows a state's recovery rate. Ultimately, he believes this trend will spread to other judicial states and the shadow inventory will continue to grow, slowing a recovery.

Green said delinquencies in New York are higher despite the unemployment rate being significantly lower than in California. The current rate of unemployment in New York is 8.3% and in California, it's more than 12%.

Based on these figures, he said, there should be more demand for housing in New York, and the market should have hit bottom because prices haven't gone down that much. The only reason it hasn't is because homes cannot be liquidated because borrowers are awaiting trial.

"California is more likely to recover before New York in any meaningful way because the first step is to get that supply down," Green said. "If you don't get that supply down, it prolongs recovery."

Write to Christine Ricciardi.

Wednesday, December 15th, 2010

Simon Property Group Inc., the largest U.S. mall owner, made an offer for Capital Shopping Centres Group Plc that values the U.K. company at 2.9 billion pounds ($4.6 billion).

Simon would pay 425 pence a share in cash for London-based Capital Shopping, the U.K.’s biggest retail landlord, according to a statement today. That’s 26 percent more than Capital Shopping’s closing share price on Nov. 24, the day before Simon’s interest was disclosed. Capital Shopping has so far refused to cooperate with the Indianapolis-based company.

Wednesday, December 15th, 2010

A final rule from federal regulators will give banks positive consideration in their Community Reinvestment Act examinations when they lend and invest in neighborhoods with high foreclosure rates.

The rule changes the definition of "community development" in CRA regulations to include loans, investments and services in areas targeted by the Department of Housing and Urban Development's Neighborhood Stabilization Program. According to the final rule, high levels of foreclosures are expected into 2012 and beyond, which will continue to effect low- and moderate-income areas.

For example, a bank can receive favorable consideration if it donates REO properties to nonprofit housing organizations.

"There is a pressing need to provide housing-related assistance to stabilize communities affected by high levels of foreclosures," according to the final rule.

The joint final rule was issued by the Office of the Comptroller of the Currency, the Federal Reserve, the Federal Deposit Insurance Corp. and the Office of Thrift Supervision. It is effective 30 days after the rule is published in the Federal Register, which is expected shortly.

HUD had allocated nearly $7 billion through three rounds of NSP funding to help state and local governments. HUD rolled out the first $4 billion round of NSP funding in September 2008. The $2 billion of in the second round of NSP funding arrived in January 2010., and Dodd-Frank allowed for $970 million more in a third round.

"The agencies believe that the purposes of CRA can be served by providing CRA incentives to institutions to engage in community development loans, investments and services that meet the narrowly tailored requirements of the NSP," according to the rule.

Write to Jon Prior.

Wednesday, December 15th, 2010

Real estate financier Walker & Dunlop (WD: 11.90 +0.51%) priced its initial public offering of 10 million common shares of stock at $10 per share.

W&D is a Bethesda, Md.-based lender of Federal Housing Administration, Fannie Mae and Freddie Mac commercial real estate loans, specifically multifamily. It makes loans to property owners, investors and developers across the country.

Walker & Dunlop has said in previous regulatory filings that it expects to net $89.5 million in proceeds from the offering, according to Bloomberg.

The company lends on most major multifamily asset classes including market-rate apartments, affordable apartments, manufactured housing communities, seniors housing, student housing and healthcare facilities.

The company's stock will begin trading on the New York Stock Exchange Dec. 15.

Underwriters of the IPO, Credit Suisse, Keefe, Bruyette & Woods, and Morgan Stanley, were granted a 30-day option to purchase up to an additional 1.5 million shares at the IPO price to cover any overallotments.

Write to Jon Prior.

The author holds no relevant investments.

Wednesday, December 15th, 2010

The Senate Banking Committee approved President Obama's nominee, Joseph Smith, as director of the Federal Housing Finance Agency, the conservator of Fannie Mae and Freddie Mac. However, at least one senator aired concerns on the lack of strength Smith may bring to the post.

The nomination, which cleared the committee in a 16-6 vote, still needs full Senate approval. Smith currently serves as the North Carolina commissioner of banks and will replace FHFA Acting Director Edward DeMarco. If approved, Smith will play a pivotal role in the fates of the troubled government-sponsored enterprises.

"Mr. Smith brings to this position both tremendous expertise and a deep commitment to strengthening our housing finance system for the American people," Obama said when he made the nomination.

But Sen. Richard Shelby (R-Ala.), ranking Republican on the committee, voted against Smith, challenging his credentials to sort out two companies that have already cost taxpayers nearly $150 billion.

"The first confirmed director must hit the ground running — equipped with the skills and experience needed to be a strong regulator free from influence by the current administration," Shelby said in a released statement. "In other words, we need a watchdog not a lapdog."

Speaking before the committee earlier in December, Smith pledged leadership in determining how to meet the local needs of regulating Fannie and Freddie.

"The activities of Fannie Mae and Freddie Mac are national in scope but local in impact, directly affecting communities across the country," Smith said. "Leadership in this context means determining how to address critical local needs in conjunction with the agency's duties of conservatorship."

Write to Jon Prior.

Wednesday, December 15th, 2010

Mortgage applications to lenders fell 2.3% for the week ending Dec. 10, the third straight week of declines according to the Mortgage Bankers Association weekly survey.

The MBA refinance index fell 0.7% as well, the fifth straight week of declines, but the refinancing share of the mortgage activity grew to 76.7% of total applications, up from roughly 75% the week before. Purchase applications fell 5% after climbing for three consecutive weeks.

Michael Fratantoni, MBA's vice president of research and economics, said with Treasury rates increasing after the Federal Reserve initiated QE2, mortgage rates reached their highest level in more than six months last week, pushing refinancing activity down.

"Not surprisingly, with rates up more than half a percentage point over the past month, refinance activity has declined sharply. Home purchase applications dropped this week following three weeks of increases, but remain near levels last seen in early May," Frantantoni said.

The MBA also monitors mortgage rates. For that week, the average interest rate on a 30-year fixed-rate mortgage increased to 4.84%, up from 4.66% the previous week. It's the highest level seen for 30-year FRM since May 2010. Rates on the 15-year FRM increased to 4.21% from 3.98%.

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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