RSS Twitter

Archive for December, 2010

Wednesday, December 29th, 2010

Home prices are expected to drop another 20% before hitting bottom, according to economists at A. Gary Shilling & Co., raising the risk that 40% of borrowers will walk away from their home in a strategic default.

The firm reported in its December Investment Insight that home prices are already 30% below their peak in the first quarter of 2006 and fell 2% between the second and third quarters of 2010.

Essentially, the economists wrote, things will get worse before they get better.

"Housing normally spurs economic growth early in recoveries as this interest rate-sensitive sector responds to earlier rate cuts by the Fed," the report said. "This time, it's been a dud due to the collapse in prices."

According to Pew Research, 36% of Americans said it is acceptable to stop making mortgage payments. Underwater borrowers are more likely to walk away from their mortgage, or strategically default, because they lack incentive to make the payments.

Economist Nouriel Roubini, of Roubini Global Economics, echoed the Shilling economists' sentiment when he told CNBC this week that he believes the housing market is currently experiencing a double dip.

"It's pretty clear the housing market has already double dipped," Roubini told CNBC, citing the recently released Case-Shiller Index which dropped 0.8% in October. "[E]ven a 5% fall in home prices will push an extra 8 million in negative equity with risk of millions walking away from their home."

The Shilling economists said home prices are dropping because of excess inventory, "the mortal enemy of prices." According to the report, there is a 1.6 million surplus of housing inventory. There are currently 4.1 million homes on the market, compared to the 2.5 million that is considered the normal working level.

"That’s a lot considering the average home construction of 1.5 million annually over time," the report said.

The economists added that a category in the Census Bureau's U.S. housing inventory data called "vacant units held off the market for other reasons" (such as homeowners pulling their home off the market in hopes of a better price) has grown to 3.6 million from 2.6 million since the housing bubble burst.

Roubini attributed the drop in home prices to the expiration of the homebuyer's tax credit and the ongoing chaos with mortgage documentation.

Write to Christine Ricciardi.

Wednesday, December 29th, 2010

Homeowners associations could see their power to foreclose on families for failure to pay dues limited under several bills filed in the upcoming session of the Texas Legislature.

A Dallas area HOA that foreclosed on a military family while the father was serving in Iraq sparked national outrage a couple of years ago. Michael Clauer was serving in the National Guard when his wife got behind on HOA dues.

Heritage Lakes Homeowners Association foreclosed on the $300,000 home in 2008 after the family incurred an estimated $800 debt in HOA fees, according to a Mother Jones report of the case at the time. The debt later ballooned due to late fees. The house was sold at auction for about $3,200 and then resold for $135,000, according to news reports.

A bill (S.B. 101) by Texas Sen. Leticia Van de Putte (D-San Antonio) amends the property code to prohibit HOAs from foreclosing on homes of military personnel on active duty. Under the bill, foreclosure notices must have a bold and conspicuous notice for military families with someone on active duty. Such families should send notice of the active duty to the sender of the foreclosure notice, according to the bill.

A separate bill by Rob Orr (R-Burleson) takes things a step further. Under HB 366, a homeowners’ association would be prohibited from foreclosing on an assessed lien if the debt to the HOA consists solely of fines by the association and attorney’s fees incurred associated with the assessed fines. Payments received from property owners must be applied first to any delinquent assessment, then to any current assessment before being applied toward fines and attorney’s fees, according to the bill.

Sen. Royce West (D-Dallas) filed SB 142, which would require HOAs in Texas to seek a court order to foreclose for payment of overdue HOA assessments. (Texas is a nonjudicial state in terms of foreclosure law.) West’s bill would also amend the property code to allow the buyer of a home with an HOA to receive all related HOA documents that relate to restrictions and rules on the property, including specific information about the amount and frequency of HOA payments and the style and cause numbers of any lawsuits pending against the HOA.

Under the current Texas property code, HOA covenants and restrictions are recorded with the county. West's bill also gives HOA boards more leeway in opting not to enforce covenants on a case-by-case basis, allowing variances to the rules. Examples in the bill include deciding not to pursue enforcement against violations when it’s not in the best interest of the HOA, or allowing variances to rules for extenuating circumstances, such as the topography of a homeowner’s land, which might make compliance with certain requirements difficult.

In many states, HOAs can foreclose on a homeowner without a court order — and over small amounts in overdue fees. Texas HOAs have been bedeviled by allegations that they are taking advantage of the law, according to an article in July by Keith Jurow on The Real Estate Channel. “Some have even been accused of specifically targeting people who own their homes free and clear — like the Clauers did — so that they can flip the house and make a profit,” he wrote.

Florida default services attorney Daniel Consuegra said in an interview with HousingWire over the summer that HOAs were getting very aggressive in pursuing overdue assessments due to deteriorating housing market conditions.

On a national level, Sen. John Kerry (D-Mass.) introduced a bill to extend the ‘‘Helping Heroes Keep Their Homes Act of 2010’’ for another year. In a Dec. 22 vote, the Senate and the House approved an extension of the law through December 2012. The act was scheduled to expire at the end of this year. It protects military personnel who are on active duty from being foreclosed upon. The bill now awaits the president's signature.

Write to Kerry Curry.

Wednesday, December 29th, 2010

The Financial Accounting Standards Board named Leslie Seidman chairman, as the board moves back to a seven-member structure.

Seidman had been acting chairman since Robert Herz retired Sept. 30. She's been a member of the board since 2003.

"As the FASB continues its efforts to address the many significant accounting and financial reporting issues both here in the U.S. and globally, Leslie’s depth of experience with international and domestic financial reporting issues will enhance our progress toward meeting the needs of all of our varied constituents," said John Brennan, chairman of the Financial Accounting Foundation.

Prior to joining FASB, Seidman was with JPMorgan as vice president in the accounting policies department and she began her career with Arthur Young & Co. as a member of their audit staff.

"The FASB remains committed to developing standards that will provide investors and other capital providers with decision-useful information," Seidman said. "We are at a crucial point in our convergence program, and my fellow board members and I are working in close partnership with the (International Accounting Standards Board) to improve the comparability of financial information around the world."

FASB has until June to complete the convergence projects with the International Accounting Standards Board. The boards have been working toward adopting "compatible, high-quality solutions to existing and future accounting issues" for the better part of eight years.

Securities and Exchange Commission Chairman Mary Schapiro said Seidman's experience "will facilitate the progress of important initiatives on the FASB agenda as they seek to continually improve the quality of financial reporting standards for the benefit of investors."

In August, FASB voted to return to a seven-member board and the foundation trustees plan to name two new directors early in 2011. The board consisted of seven members from 1973 to July 2008. Earlier in 2008, the FAF decided to reduce the number of directors to five following a process that included comments from various accounting and financial organizations.

Write to Jason Philyaw.

Wednesday, December 29th, 2010

Researchers at the Federal Reserve Bank of Cleveland found that foreclosure mediation programs in Cuyahoga County could be a model for other areas looking to bridge the gap between delinquent borrowers and overwhelmed mortgages servicers.

States and municipalities set up mediation programs in the wake of the foreclosure crisis in order to give borrowers the opportunity to sit down with banks in order to find some alternative to foreclosure. Roughly 90% of borrowers that elect to participate in Cuyahoga County's mediation program, which serves the greater Cleveland area, received resolutions to their delinquency, ranging from modification to deeds-in-lieu of foreclosure.

In 2010, one-third of all Cuyahoga County borrowers applied for mediation, compared to one-fifth the year before. Meanwhile, foreclosures in the area have increased. There were 7,471 foreclosure filings in the Cleveland area in the third quarter, up 13% from the previous quarter and 2% from a year ago.

"The increased participation may be driven by increased awareness of loan modification programs, but that alone does not explain why such discussions are not taking place before the parties enter the court system," according to the report from the Cleveland Fed. "One commonly reported issue is that borrowers, lenders, and servicers have a difficult time connecting outside the auspices of the courts."

Servicers have come under fire from several federal regulators, all 50 state attorneys general and lawmakers for allegedly signing foreclosure documents en masse without a proper review of documentation and foreclosing on homeowners waiting for modifications with many borrowers complaining of a disconnect between them and the servicer.

The Cuyahoga County program launched two years ago. Both the state of Florida and Washington, D.C. instituted similar programs, and Fannie Mae contracted with a technology provider last week to provide support for its own mediation program. The Cleveland Fed pointed out that the program does slow down the foreclosure process, piling up costs for lenders. Still, the Fed found Cuyahoga County borrowers are spending less time in mediation.

On average, it takes 12 months for a lender to complete a foreclosure in the area, but in June, the average length of a foreclosure action for borrowers that participated in the program was 193 days, including time in courts if no mediation took place.

"With no direct communication between the parties, there is practically no chance for an outcome other than foreclosure," according to the report.

Write to Jon Prior.

Wednesday, December 29th, 2010

When shopping for a new home, many people don't think about who their neighbors could be and how that could affect their living experience. But if they had the choice, most of the people surveyed would like to live next to Sandra Bullock.

According to Zillow's Celebrity Neighbor Survey, 26% of respondents chose Bullock as the most desirable neighbor. Thirty percent of women voted her the most desirable neighbor, as did 22% of men.

Personally, that doesn't surprise me. Bullock has always had that cute, lovable, do-gooder image, from protecting pageant queens in "Miss Congeniality" to reconnecting with her childhood in "Divine Secrets of Ya-Ya Sisterhood." She showed her strong, womanly independence after her public break up with Jesse James, and I'm sure after everyone saw "The Blindside," they were hopeful Bullock would take them into her $2.25 million mansion in New Orleans and feed and cloth them.

Yeah, living next to Sandra Bullock would be peachy; however, 26% of Americans said living next to the cast of Jersey Shore would be less than desirable. Again, I'm not surprised. With all the money they spend on tanning and booze, they probably wouldn't be able to afford their mortgage.

If they can't afford their mortgage, they go into default. If they go into default, they could potentially go into foreclosure, be evicted, drive down neighborhood property values and perpetuate the vicious cycle that is driving our current economy. Plus they get into fights almost every time they walk home from the bars … such a pleasant neighborhood that would be.

It appears Snookie and Pauly D don't have alliances in their own region, as 33% of Northeasterners voted them the least desirable neighbors. My guess is they're speaking from personal experience.

Other celebrities that got the vote for most desirable neighbor include Sarah Palin (10%), Ellen DeGeneres and Portia DeRossi (9%), the Obamas (8%) and Conan O'Brien (7%). Others voted least desirable neighbor include the Obamas (15%), Sarah Palin (13%), Kanye West (11%) and Mel Gibson (10%).

I think it's safe to say that politics plays a role on how you are viewed on a personal level. Perhaps it's sheer coincidence neither The White House nor anyone in Alaska has neighbors.

Write to Christine Ricciardi.

Wednesday, December 29th, 2010

Moody's Investors Service corrected a metric that gauges the credit enhancement of excess support for residential mortgage-backed securities that resulted in the upgrade of 180 tranches of debt worth about $9.7 billion.

The ratings agency said an input error in the cash-flow model for the 72 transactions led to inappropriate amounts "of benefit to excess spread as credit enhancement." Excess spread is the extra income generated from bonds, such as RMBS, and is used to top up reserve accounts and pay employees who service the platform.

Analysts said the collateral backing the deals includes mostly first-lien, fixed- and adjustable-rate subprime residential mortgages.

The RMBS were issued between 2005 and 2007 by JPMorgan Mortgage Acquisition Trust, Merrill Lynch Mortgage Investors Trust, Morgan Stanley ABS Capital Trust and Popular ABS Mortgage Pass-Trough Trust. One tranche, issued by Morgan Stanley IXIS Real Estate Capital Trust 2006-2, was downgraded as a result of the adjustment and a deterioration in performance.

Moody's has been adjusting ratings on billions of dollars of various types of RMBS this year, reflecting changes in criteria, as well as the deterioration in the performance of the underlying mortgage pools backing the transactions.

Analysts continue to see "an increasing potential for a double-dip recession, which could cause a further 20% decline in home prices," putting further stress on the housing market and mortgage-backed securities. Moody's cites the uncertainty in the current macroeconomic environment with high unemployment and persistent weakness in housing for its outlook.

Analysts expect at least a 5% to 8% drop in home prices with stabilization to the market coming early next year.

Earlier this week, the Standard & Poor's/Case Shiller 20-city composite index showed home prices fell 1.3% in October from September with declines in all 20 metropolitan markets. Prices are down 0.8% from a year ago.

Write to Jason Philyaw.

Wednesday, December 29th, 2010

In October, Gary Shilling of A. Gary Shilling & Co., predicted that house prices would fall another 20%.

In the two months since, house prices have resumed their decline. Below, Gary outlines why he thinks the recent drops are just the beginning…

"Last spring, many believed that not only was the housing collapse over but that a robust rebound was underway. Investors were crowding into foreclosed house sales and bidding up prices in California, often the bellwether state for new trends. The tax credit of up to $8,000 for new homebuyers that expired in April spurred buyers and promised to kick-start housing activity nationwide. TheHomeAffordable Modification Program was trumpeted by the Administration to help 3 million to 4 million homeowners with underwater mortgages by paying lenders to reduce monthly payments to manageable size and then paying homeowners to continue to make those payments."

Wednesday, December 29th, 2010

The foreclosure crisis that erupted four years ago has claimed more than five million American homes—about 10% of all homes with a mortgage. It began in lower-income neighborhoods and has spread to some of the most exclusive addresses in the U.S.

The seeds of the crisis were planted a decade ago when banks, discovering the high returns from selling bundles of securitized mortgages, relaxed lending standards and originated millions of adjustable-rate subprime mortgages. Such loans were designed to allow just about anyone to get a home loan.

When interest rates on the adjustable-rate mortgages finally climbed, many borrowers began falling behind on their payments, leading to the first wave of delinquencies and defaults.

Wednesday, December 29th, 2010

Japanese regulators have made a list of the top 60 "too big to fail" financial institutions, with Deutsche Bank ranked at the top followed by Goldman Sachs and JPMorgan Chase, Japan's Mainichi newspaper reported on Wednesday.

The list, compiled by Japan's Financial Services Agency and the Bank of Japan, includes several Japanese institutions.

It ranks Nomura Holdings at 19th, Mitsubishi UFJ Financial Group 24th, Mizuho Financial Group 36th and Daiwa Securities Group 48th, the paper said without citing sources.

Wednesday, December 29th, 2010

American International Group Inc., the bailed-out U.S. insurer, failed to report $18.7 billion of policyholder guarantees at two property-casualty subsidiaries in 2008, a Pennsylvania regulator said.

National Union Fire Insurance Co. of Pittsburgh and American Home Assurance Co., which issued the guarantees to bolster other AIG units, had contingent liabilities tied to the promises of $157 billion on Dec. 31, 2008, compared with the $138.3 billion disclosed at the time, Robert Pratter, the state’s acting insurance commissioner, said today in a report.



Origination/Lending
Kenneth Bacon, executive vice president of the Fannie Mae multifamily mortgage business, is retiring after 18 years at the mortgage...

Read More »

Servicing/Default
The serious delinquency rate for Federal Housing Administration mortgages reached 9.6% in December, the highest level in more than two...

Read More »