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Archive for December, 2010

Tuesday, December 14th, 2010

As the economic recovery continues, household and business spending has risen, but not enough to offset high unemployment. And the housing sector remains depressed.

For these reasons, the Federal Open Market Committee once again kept the federal funds rate at 0% to 0.25% and said "progress toward its objectives has been disappointingly slow," reiterating what Chairman Ben Bernanke said in November. Members expect continued low rates of resource utilization and subdued inflation trends "to warrant exceptionally low levels" for the rate for an extended period of time.

The FOMC seeks maximum employment and price stability, and the committee anticipates a "gradual return to higher levels of resource utilization in a context of price stability," but members gave no indication as to when this may happen.

The Fed will continue with plans to purchase up to $600 billion of longer-term Treasury securities by the end of the second quarter "to promote a stronger pace of economic recovery and help ensure that inflation, over time, is at levels consistent with its mandate."

Thomas Hoenig, president of the Federal Reserve Bank of Kansas City, once again cast the lone dissenting vote, repeating his belief that the current Fed monetary policy isn't working. Hoenig thinks the bond buying program, which has become known as QE2, increases the risks of "future economic and financial imbalances," and eventually will increase long-term inflation and possibly destabilize the economy.

"The Fed was always going to leave the size of QE2 unchanged today as it is too soon to judge whether it has been a success or a failure," according to Paul Dales, senior U.S. economist at Capital Economics. "And although the case for QE2 may have diminished, an outright tightening of monetary policy is some years away yet. Even if QE2 proves to be the Fed's last roll of the dice, we believe that the markets are mistaken in expecting policy to be tightened in early 2012. Continued high unemployment and low inflation mean we would not be surprised to see interest rates remain at near-zero for at least another full two years."

Write to Jason Philyaw.

Tuesday, December 14th, 2010

Iowa Attorney General Tom Miller told distressed homeowners that he supports criminal prosecutions and other settlements against bank executives found guilty of breaking due process laws in dealing with foreclosure affidavits.

Miller met with homeowners Tuesday at a church in Des Moines, Iowa, to hear questions and go over possible settlements to the investigation into robo-signing allegations at mortgage servicing companies. Major banks froze foreclosures in October when employees signed affidavits en masse and without a review of documentation as required by state law. A joint investigation from federal regulators and a coalition of the 50-state AGs followed.

"We will put people in jail," Miller told homeowners in the meeting, according to the PICO faith-based network, a consumer advocacy group.

Miller also said he would support settlements with the banks that require significant principal rate reductions, loan modifications and compensation for citizens defrauded of their homes.

"There should be some kind of compensation system for people who have been harmed," Miller said. "And the foreclosure process should stop while loan modifications begin. To have a race between foreclosures and modifications to see which happens first is insane."

The lenders including Bank of America (BAC: 7.29 -0.14%), Wells Fargo (WFC: 29.60 +1.89%), JPMorgan Chase (JPM: 37.21 -0.75%), Ally Financial (GJM: 22.57 0.00%) and others have already restarted foreclosures as they make adjustments to their processes and resubmit affidavits.

Bank of America Chief Executive Brian Moynihan told investors during the company's third-quarter conference call that he expected fewer than 30,000 foreclosure sales to be delayed, and borrowers who received a foreclosure in the third quarter were delinquent on their mortgage for an average 560 days.

Miller's office told HousingWire earlier in December that a settlement compensating homeowners was one of the many options on the table in meetings with the banks, but any deal is far from done.

Write to Jon Prior.

Tuesday, December 14th, 2010

The amount of commercial and multifamily mortgage debt outstanding decreased in the third quarter, according to Mortgage Bankers Association analysis of the Federal Reserve Board's flow of funds.

Mortgage debt outstanding for the two sectors combined dropped $42 billion, or 1.3%, to $3.2 trillion from the second quarter to the third quarter, according to the MBA. The trade organization attributed the decline to a decrease in construction loans held by banks and thrifts, as well as a decrease in commercial and multifamily mortgages held in commercial mortgage-backed securities.

"The CMBS market is experiencing the fastest net run-off, followed by commercial banks, which are seeing most of their net declines in construction lending," said Jamie Woodwell, MBA's vice president of commercial real estate research.

Commercial banks held the largest share of commercial/multifamily mortgages in the third quarter with 45%, or $1.43 trillion, which was down $30 billion from the second quarter. The MBA noted that many of the mortgage loans on the books were "commercial and industrial," and are therefore backed by commercial property as collateral.

The second largest group of holders of commercial/multifamily mortgage loans in third quarter were issuers of CMBS, collateralized debt obligations and asset-backed securities at $640 billion, or 20% of the market. Agency, government-sponsored enterprise portfolios and mortgage-backed securities accounted for $317 billion, or 10% of the market share.

The MBA expects this downward trend to persist.

"The overall balance of commercial and multifamily mortgage debt outstanding is likely to continue to decline until commercial mortgage borrowing picks up significantly," Woodwell said.

Household debt also decreased in the third quarter, according to the federal funds report.

Write to Christine Ricciardi.

Tuesday, December 14th, 2010

Lenders filed 35,135 suspicious activity reports indicating mortgage fraud in the first half of 2010, up 7% from the same period a year ago, according to the Financial Crimes Enforcement Network.

FinCEN, established by the Treasury Department in 1990, said the increase in reports can be attributed to more attention paid to older loans during repurchase requests. Earlier in the month, FinCEN proposed that nonbank residential mortgage lenders begin filing suspicious activity reports.

In the first quarter of 2010, 78% of reported fraud activity actually took place more than two years before the report was filed.

That's nearly double the 44% in the same period of 2009, which FinCEN says shows a continued focus on loans originated from 2006 to 2008.

Most reports referencing bankruptcy fraud grew to 7% of all fraud reports, up from 1% in 2006 and 2007.

"SARs are one of the most important sources of lead information for mortgage fraud investigations available to law enforcement," FinCEN Director James Freis, Jr. said.

Write to Jon Prior.

Tuesday, December 14th, 2010

Foreign tourists who for years have crowded Florida's shopping malls to buy clothes and electronics, are now flocking to real estate offices to snatch up apartments and homes at bargain-basement prices.

The investors, mainly from Europe and Latin America, are jostling over apartments in Miami's trendy South Beach neighborhood selling for 70,000-100,000 dollars, and in less exclusive areas to the north where they start at around 50,000.

"The buying opportunities are maybe the best ever. Who knows if we'll see prices again like today's in Miami Beach," Keys Real Estate agent Michelle Iglesias told AFP.

Tuesday, December 14th, 2010

CalPERS suspended its program offering mortgages to members because of limited demand and rising costs.

The California Public Employees' Retirement System said members have taken out more than 136,000 mortgages valued at more than $22.7 billion in the 29 years the system offered the program. But demand waned the past few years with between 1,000 and 4,500 loans annually since 2004, representing just a fraction of CalPERS 1.6 million members.

"Over the past few years, there has been limited interest among our members in the member home loan program," said George Diehr, chairman of the CalPERS investment committee. "This change allows us to redirect our resources and reduce the risk to the fund."

The system blamed the changing mortgage marketplace and severe financial downturn for the weakening demand. And while the numbers were low, "the amount of staff time required to operate the complex loan program has risen considerably."

The program, which also suffered from an increasing number of delinquencies and defaults, allowed CalPERS members to borrow up to $18,421 against their retirement dollars for a down payment on a mortgages.

CalPERS will honor all applications already in the pipeline and expects to complete this process by the end of March.

CalPERS is the largest public employee pension fund in the country with total assets of about $218 billion.

Write to Jason Philyaw.

Tuesday, December 14th, 2010

A subsidiary of DSJP Enterprises (DJSP: 0.00 N/A), whose main customer is the Law Offices of David J. Stern, has worked out an agreement with Bank of America (BAC: 7.29 -0.14%) on a defaulted line of credit, giving the company some breathing room until March.

Still, the subsidiary, known as DAL Group, remains in default on other obligations, including its office rent, and warned that if it is unable to restructure its debts, it may not be able to remain in business. Florida-based DAL is among a group of companies connected to DJSP and David J. Stern that provide foreclosure processing and related services.

In November, Bank of America notified DAL that it was in default of a line of credit and demanded payment in full. The outstanding balance on the line of credit was $6.4 million as of Dec. 9, according to a regulatory filing.

Under a new agreement reached, BofA has agreed not to take action to enforce full payment until March 9, as long as DAL makes weekly cash payments "in excess of agreed upon levels." The regulatory filing on the agreement didn't specify the dollar amounts agreed upon. In addition, BofA said no further borrowing will be permitted under the terms of the line of credit, which is secured by a lien on all of assets DAL and its four operating subsidiaries.

NASDAQ noncompliance

NASDAQ, meanwhile, has notified DJSP Enterprises that it is noncompliant with listing rules.

The company isn't meeting the stock exchange’s rule to maintain a minimum market value of $15 million on its publicly held securities. NASDAQ gave the company until May 23 to regain compliance by having its market value of publicly held securities close at $15 million or more for 10 consecutive days.

NASDAQ said the firm is also in violation of a rule for failure to maintain a minimum market value of $50 million on listed securities. Its market value of listed securities must close at $50 million or more for 10 consecutive days in order to regain compliance. The firm has until May 25 to comply with the market value requirement.

Neither warning should impact listing and trading of the stock at this time, DJSP said in the filing with the Securities and Exchange Commission, but if the company fails to regain compliance, it risks delisting.

NASDAQ rules also require that listed stocks trade for at least $1 a share. DJSP was trading at 53 cents Tuesday morning and has traded as low as 33 cents in recent weeks as news about robo-signing allegations broke and key companies, including Fannie Mae, Freddie Mac and Citigroup removed their foreclosure files from the Law Offices of David J. Stern.

Write to Kerry Curry.

Tuesday, December 14th, 2010

The Treasury Department spent $4.3 million on incentives to servicers and investors through the Home Affordable Foreclosure Alternatives program through November, a fraction of what it spent on HAMP, according to a report from the Congressional Oversight Panel.

The Treasury launched HAFA in April to provide incentives for short sales and deeds-in-lieu of foreclosure and HousingWire became the first news organization to report on its creation. The program was designed as another solution for borrowers who qualified for the Home Affordable Modification Program trial but failed to get a permanent modification either by a redefault during the trial stage or failing to send in the required documentation.

HAMP came under fire again this week from the panel for continually underwhelming numbers. Sen. Ted Kaufman (D-Del.), chairman of COP, said the subprograms under HAMP, which include HAFA and a second-lien modification program, 2MP, have had little effect on the foreclosure crisis as well.

COP reported that the Treasury has spent $652 million in HAMP payouts, and projects the program will cost $4 billion, not the $30 billion the Treasury has allocated to it.

But the Treasury Department points out that the legacy of these programs is that they provide a standard for proprietary programs that were not there in the past, especially for short sales, a routine headache for real estate agents, sellers and buyers.

"And it's important to remember that these programs take time to get up and running. You can't just make an announcement and then everyone is up to speed," Tim Massad, acting assistant secretary for financial stability at the Treasury said in a conference call with reporters Monday.

According to HAFA program guidelines, the Treasury pays $1,500 to mortgage servicers for a short sale and up to a $2,000 match for mortgage investors for allowing up to $6,000 in short sale proceeds to be distributed to subordinate-lien holders. The Treasury also pays $3,000 for borrower relocation assistance.

If the Treasury paid the maximum $6,500 for each short sale done so far, and the Treasury has paid $4.3 million so far, that means roughly 661 short sales have gone through the HAFA program in eight months.

In October, the Special Inspector General for the Troubled Asset Relief Program reported servicers and investors had cleared only 342 short sales or deeds-in-lieu of foreclosure as of Sept. 30.

The Treasury has yet to put out official numbers on HAFA.

Write to Jon Prior.

Tuesday, December 14th, 2010

Business Solutions and U.S. Bank Home Mortgage entered into a two-year agreement that provides member banks of the American Bankers Association a competitively priced outlet from which to buy wholesale loans.

Business Solutions is a subsidiary of the ABA that collectively represents all the member banks of the trade association. As an overarching organization, Business Solutions is able to offer purchase agreements to the firms in the ABA at a discount, similar to a bulk purchase and distribution system.

A representative of the ABA said it is a good arrangement for its many community banks, which probably would not have enough wholesale lending business to invest in wholesale loans from a major bank such as U.S. Bank Home Mortgage.

This new agreement between the two firms will offer ABA banks several wholesale lending services, according to the ABA, including agency-eligible and jumbo loan products, as well as loans insured by the Federal Housing Administration and the Department of Veteran Affairs. U.S. Bank Home Mortgage will also offer member banks underwriting solutions.

The ABA also said U.S. Bank Home Mortgage will offer ABA member banks "customized benefits," but a company representative was not immediately available to provide additional details.

“We’re pleased to work with U.S. Bank to benefit our members,” said William Kroll, president of Business Solutions. “U.S. Bank is a trusted, experienced investor for community banks that operate in the wholesale residential mortgage channel.”

U.S. Bank Home Mortgage is the lending subsidiary of U.S. Bancorp (USB: 27.86 +0.25%), the fifth largest commercial bank in the U.S. The American Bankers Association, a trade association that represents banks of all sizes across the country, most of which hold less than $165 million in assets.

Write to Christine Ricciardi.

Disclosure: The author holds no relevant investments.

Tuesday, December 14th, 2010

Freddie Mac finally fixed an online calculator that's supposed to help people choose between renting and buying a home.

Until now, the calculator had a fundamental (and revealing) flaw: It assumed home prices could never fall.

Jacob Kosoff, an economist who was responsible for the calculator when he worked at Freddie Mac, talked to us earlier this year. He wanted to apologize.



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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