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Archive for December, 2010

Wednesday, December 29th, 2010

More banks failed in the United States this year than in any year since 1992, during the savings-and-loan crisis, according to the Federal Deposit Insurance Corp.

Amid high unemployment, a struggling economy and a still-devastated real estate market, the nation is closing out the year with 157 bank failures, up from 140 in 2009. As recently as 2006, before the bubble burst, there were none.

Now, there are more on the horizon.

The FDIC's list of "problem" banks – those whose weaknesses "threaten their continued financial viability"- stood at 860 as of Sept. 30, the highest since 1993. Historically, about a fifth of banks on the watch list end up failing.

Tuesday, December 28th, 2010

A collection of consumer advocate groups sent a letter to the Federal Reserve claiming that a recent proposed rule on reverse mortgages would actually encourage predatory lending toward the elderly.

The Fed filed the rule with the Federal Register on Sept. 24. The rule was designed to actually give consumers more disclosures on reverse mortgage paperwork, using simple language to highlight the basic features and risks. But the organizations, which include the Center for Responsible Lending, and the National Consumer Law Center, among others, say that the rule goes beyond the Fed's authority and undermines the still-forming Consumer Financial Protection Bureau.

Seniors aged 62 or older can qualify for a reverse mortgage, which is used to release the equity in the home and that would not be repaid until the borrower dies, the home is sold or the owner leaves.

In the letter, consumer advocates said the rule opens the door for new types of reverse mortgages that could lead to borrowers owing more on the loan than the home is worth. Advocates also say advertisers are cleared to make false statements about the products as long as they present additional information.

But according to the rule, the Fed said it "would ensure that advertisements for reverse mortgages contain balanced information and are not misleading." The rule also prohibits originating a reverse mortgage to someone before he or she has received independent counseling.

Still, consumer advocates pointed out more problems with the rule. They urged the Fed to strengthen its definition of accurate disclosures for homeowners seeking a right of rescission. Homeowners are granted up to three years to refinance or restructure a loan if the lender did not provide accurate disclosures of the terms and agreements.

"Some of the proposals are extremely damaging to consumers and to preservation of homeownership, and are beyond the board’s authority," according a statement put out by the group.

Write to Jon Prior.

Tuesday, December 28th, 2010
State officials are hoping that a new website will help get money to more Michigan homeowners struggling in the housing crisis.

Nearly a year after President Barack Obama announced the lifeline for homeowners, little of Michigan's $498.6 million has been channeled to the people who need it most. Since the state's fund launched in July, $2.4 million has gone to 554 homeowners. The fund hasn't gone far because big banks, which control the majority of mortgages, haven't signed up to participate.
Tuesday, December 28th, 2010

The American Association of Bank Directors wants Federal Deposit Insurance Corp. Chairman Shelia Bair to allow bank executives to keep copies of records they may ultimately need to defend themselves following the closing of a bank.

In a letter to the FDIC, the trade group said the agency's recently disclosed mandate that doesn't allow bank directors to possess copies of documents restricts the talent pool for possible high-level banking posts.

"This policy is shortsighted and counterproductive," said David Baris, executive director of the association. "It will deter qualified persons from accepting positions as bank directors and will motivate currently serving directors to resign."

The AABD requested Bair publicly state bank directors may obtain and possess copies of records following the closing of their bank by the FDIC. The group said the federal regulator also doesn't allow a bank to pay for the defense of its directors facing potential lawsuits from the FDIC.

"This position singles out bank directors from directors of all other corporations, who, under state corporate statutes and the corporations’ articles of incorporation and bylaws, may be entitled to have their legal fees paid for by their corporations," Baris said.  "Bank directors don’t like the FDIC’s stance, and the industry runs the risk of losing some good bank directors."

The FDIC has closed 157 banks this year after shuttering 140 in 2009.

"Unless directors have maintained, off-bank premises, records of the decisions they made prior to the bank's failure — such as board and committee minutes, records of loans or policies and procedures approved by the board, examination reports and outside expert reports such as audit reports and outside loan reports — they are effectively prevented from defending the actions they took as directors," according to the AABD.

The FDIC wasn't immediately available to comment on the letter.

Write to Jason Philyaw.

Tuesday, December 28th, 2010

A settlement between Ally Financial Inc. and Fannie Mae over soured mortgage loans could shed light on how banks will resolve repurchase demands with Fannie Mae and its sibling, Freddie Mac.

Ally’s mortgage-lending unit, GMAC Mortgage Inc., on Monday agreed to pay $462 million to Fannie to cover potential repurchases on $292 billion in mortgages sold to Fannie.

Over the past two years, Fannie and Freddie have stepped up demands that lenders buy back defaulted loans when they find that the mortgages didn’t adhere to their loan-purchase guidelines. Fannie and Freddie collected more than $9 billion from banks during the first three quarters of the year. At the end of September, another $13 billion in requests hadn’t been paid, including more than $4 billion that have been outstanding for more than four months.

Tuesday, December 28th, 2010

It has been my pleasure to write this column for the last year. It was my mission to use this space to explore what would come next for the mortgage lending industry, with an eye toward the technology that would power the space. Looking back over the work I've submitted, I have to admit to getting a bit distracted.

There was just too much incredible, ridiculous or otherwise distracting stuff to write about in 2010. I approached my computer with the best of intentions, with visions of near-future technology and questions about next steps firmly in mind. In many cases, the headlines of the day pulled me off topic and into a rant. I thank you all for your indulgence.

But it also makes me wonder how many other professionals working in our industry were also distracted by the mainstream media, which tried to make sense of our business at the same time they struggled to put as much spin as possible on the headlines they hoped would sell more papers. It was incredible to watch, a train wreck in slow motion that took all year to crash.

Of course, the bad news is that the crash isn't over. We may be seeing the light at the end of the long tunnel, but there are still plenty of sensational headlines ahead of us. Can we afford to allow ourselves to be distracted from the real work that has yet to be done to guarantee our industry's recovery?

That's not a simple question. On the one hand, I've long been an advocate of getting back to the basic blocking and tackling that gets the work done here: Effective consumer marketing, partnership building, loan underwriting and customer service-focused loan closings. But it's not like the industry's best executives can stand idly by while brand new government agencies get set up, go through the rule-making process and then begin regulating an industry in which they may have no direct experience. Someone is going to have to give these bureaucrats our side of the story.

Likewise, while I might be content to kick back with the mortgage technologists and dream about where the next innovation will come from, I cannot help but weigh in on some of the regulatory matters that will undoubtedly impact the way lenders buy and deploy new technologies. Fortunately for me, I have understanding editors who don't seem to mind all that much if I climb up on a box, ranting and shaking my fist at the sky. I am a lucky man.

I wonder if many of HousingWire's readers are that lucky. Every minute the industry's top executives are focused on trying to rein in an out-of-control government back to reality is a minute they're not focused on improving their own businesses. That opens these leaders up to competitive risk from others who aren't as willing to fight the battles in Washington. Our largest trade groups have seen their membership numbers decimated, leaving them with fewer resources with which to lobby our legislators — not that it would do much good now that the Dodd-Frank Act is already on the books and the CFPB is under construction.

This is not the time to throw up our hands and give the business completely over to the bureaucrats. There will be a real need for leadership next year. I expect the industry's best and brightest to respond to that call, regardless of the costs.

There will be plenty of distractions for me in 2011 as well. I have a feeling that, try as I might to stay focused on the technology that keeps our industry working, a topic I am truly interested in, I may not be able to ignore the other stories that will make news next year. I'll try to deal with them in a manner that doesn't try your patience.

You can always resort to providing direction for my work by sending your suggestions for column topics to my editors at HousingWire.

Best wishes to all of our readers for continued success in 2011.

Rick Grant is veteran journalist covering mortgage technology and the financial industry.

Follow him on Twitter: @NYRickGrant

Tuesday, December 28th, 2010

Think your house is a money pit?

You've got nothing on rapper 50 Cent and his sprawling, 17-acre estate in Farmington, Conn., which has been on the market for three years with no takers.

Keeping up the property costs about $450,000 a year, covering everything from taxes and insurance right down to winterizing the sprinkler system and replacing burned out exterior light bulbs, according to estimates from area real estate brokers.

Add in the cost of occasional big-ticket items like roofs, furnace and painting and annual costs would easily top a half-million dollars.

Tuesday, December 28th, 2010

Allstate Corp has sued Bank of America Corp and 18 other defendants over losses it said it suffered on more than $700 million of mortgage debt it bought from Countrywide Financial Corp.

In a complaint filed Monday in Manhattan federal court, Allstate, the largest publicly traded U.S. home and auto insurer, alleged that Countrywide misled it into believing the securities it bought were safe, and that the quality of residential home loans backing them was high.

Tuesday, December 28th, 2010

Wall Street’s biggest banks, whose missteps caused a global financial crisis and economic slowdown two years ago, were more agile when it came to countering the political and regulatory response.

The U.S. government, promising to make the system safer, buckled under many of the financial industry’s protests. Lawmakers spurned changes that would wall off deposit-taking banks from riskier trading. They declined to limit the size of lenders or ban any form of derivatives. Higher capital and liquidity requirements agreed to by regulators worldwide have been delayed for years to aid economic recovery.

“We continue to listen to the same people whose errors in judgment were central to the problem,” said John Reed, 71, a former co-chief executive officer of Citigroup, who estimated only 25% of needed changes have been enacted.

Tuesday, December 28th, 2010

Technology firm eMason is providing mortgage mediation tracking and management for Fannie Mae in most parts of Florida under a new contract with the government-sponsored enterprise.

The Clearwater, Fla.-based company said Tuesday that its technology platform, Clarifire, was fully implemented by Fannie Mae and made available to about 400 servicers in its initial rollout Dec. 13.

The Clarifire platform provides loan servicers and others involved in the mediation process, such as attorneys and counselors, a secure workflow management system to track mediation cases. The central, Web-based location allows caseworkers to communicate, upload documents, audit the status of a mediation case and manage tasks, among other things.

Servicers and associated personnel connect directly with Fannie Mae through Clarifire.

President and CEO Jane Mason said eMason worked with a team of Fannie Mae representatives to design the platform to fit the needs of the mediation program. She declined to disclose financial terms of the deal, but said eMason won the business through a formal bidding process.

"Fannie Mae was already a client of ours and had their own license of the application," Mason said in an interview with HousingWire, adding that the agency saw the potential for the program to do other business functions. "I think we had an advantage because of that."

Clarifire with Fannie Mae integration is currently available in 21 circuit courts throughout the Sunshine State. eMason and the GSE are planning a second phase for the platform in January that will span nationwide.

"I think it's going to provide an easier more efficient method of tracking the communication and workflow of the mediation program and enhance servicers' ability to handle volume," Mason said. "That's probably the key thing."

In December 2009, the Florida Supreme Court mandated all foreclosure cases in the state that involve residential property be referred to mediation — a face-to-face meeting with a counselor to discuss alternatives to foreclosure.

A task force suggested mediation as a solution to deal with the mounting amount of foreclosures throughout Florida. Mediation is not mandatory if the borrower chooses not to participate; however, giving the borrower the option is mandatory.

The District of Columbia recently implemented similar legislation.

Write to Christine Ricciardi.



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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