RSS Twitter

Archive for December, 2010

Monday, December 27th, 2010

[Updated Dec. 28 with comment from Fannie Mae]

Ally Financial’s mortgage unit, Residential Capital, and certain ResCap subsidiaries reached a $462 million settlement with Fannie Mae on potential mortgage repurchases.

The agreement covers loans serviced by ResCap subsidiary GMAC Mortgage on behalf of Fannie Mae prior to June 30 and all mortgaged-backed securities that Fannie Mae purchased at various times prior to the settlement, including private-label securities, Ally said Monday.

The settlement releases ResCap and its subsidiaries from about $292 billion in potential repurchases, Ally said.

"At the start of 2010, we set a goal to substantially reduce risk in our mortgage operation and, during the last 12 months, we have successfully completed a series of steps toward that objective and are largely complete," said Ally CEO Michael A. Carpenter. "This agreement, along with prior repurchase settlements with Freddie Mac and others and the sale of legacy assets and operations, has significantly reduced Ally's risk related to the legacy mortgage business going forward," he said in a press statement.

ResCap CEO Thomas Marano said the firm will “focus predominantly on the origination and servicing of conforming mortgages” going forward. ResCap's subsidiary, GMAC Mortgage, originates and services residential mortgages under the GMAC Mortgage and ditech brand names.

Ally said the settlement “was modestly in excess of reserves previously taken.”

Fannie, said it felt good about the deal.

"We are pleased to have reached an agreement with Ally Financial Inc. and related entities which addresses our exposure on a portfolio of loans sold to Fannie Mae by GMAC Mortgage or serviced by GMAC Mortgage," Fannie said in a media statement.  "The agreement also addresses Fannie Mae's potential claims for losses on certain private label securities issued by GMAC entities."

In addition to the settlement, ResCap and Fannie Mae made an arrangement on ResCap's payment of mortgage insurance proceeds where mortgage insurance coverage is rescinded or canceled. ResCap said it does not expect this exposure to be material.  The agreement does not extend to other contractual obligations with Fannie Mae such as those that may arise in connection with the servicing of mortgages.

The settlement covers ResCap and its subsidiaries but excludes Ally Bank, Ally's retail banking operation. The company does not expect significant repurchase claims on the loans at Ally Bank.

Write to Kerry Curry.

The author holds no relevant investments.

Monday, December 27th, 2010

The National Association of Federal Credit Unions said Monday that it opposes an interim rule issued by the Federal Reserve Board in October that eliminates the Home Valuation Code of Conduct and encourages independent appraisals.

The trade association said that although it supports the intent of the rule — to prevent inappropriate or fraudulent home valuations — it stands in opposition because "NAFCU does not believe it is appropriate to require any party involved in a home mortgage transaction to report the activity targeted by this proposal."

The NAFCU sent a letter with its comment to the Federal Reserve. The rule was open to public comment from the time is was issued until Monday.

As written, the rule would impose new requirements on credit unions to report inappropriate activity if the credit union has a “reasonable basis” to believe a third party is substantially influencing a home valuation.

The NAFCU said it would be a "serious burden" to require all staff involved with the mortgage process to become familiar with appraisal guidelines. The organization said the rule is not necessary for credit unions because of how they are structured.

"Because of the not-for-profit structure of credit unions, there is less incentive for credit union lending officers to approve questionable loans; a fact born out by credit unions’ low mortgage default rate, relative to the rest of the lending industry," the letter said.

The NAFCU suggested that the Federal Reserve reconsider reporting requirements and offer it only as a "best practice" for covered parties.

"Lenders, title inspectors, mortgage insurers and other parties involved in the mortgage process should not be required to act in a regulatory capacity, reporting appraisal violations that may or may not have actually occurred," the NAFCU letter said.

Write to Christine Ricciardi.

Monday, December 27th, 2010

The volume of loans moving to REO continued to drop in November as moratoria further delayed foreclosure sales, according to the latest Mortgage Monitor report from Lender Processing Services (LPS: 16.78 +1.39%).

While the 90-plus delinquency category has steadily declined, the number of mortgages moving to seriously delinquent status beyond 90 days far outpaced the number of foreclosure starts.

Nearly 2.2 million loans are 90 days or more delinquent but not yet in foreclosure, according to LPS, a Jacksonville, Fla.-based mortgage technology and analytics firm.

Foreclosure inventories also continued to rise for the fifth straight month as delinquent accounts are referred for foreclosure, but the sale of foreclosure properties declined. When compared to January 2008 levels, the foreclosure inventory of jumbo prime loans is nearly seven times higher; the inventory of agency prime loans is nearly six times higher; and the foreclosure inventory of option adjustable-rate mortgage loans is approaching five times the inventory in January 2008.

The report also shows that one-third of loans that are 90 days or more delinquent have not made a payment in a year; however, the number of new problem loans declined nearly 5.4% from October, which is opposite of the seasonality trend that typically impacts new delinquencies this time of year.

Self-cures for loans one to two months delinquent increased in November to a six-month high.

LPS said 261,153 loans were referred to foreclosure, which represents a 0.7% month-over-month decline. The total number of delinquent loans is nearly 2.1 times historical averages. Foreclosure inventory is currently at 7.7 times historical averages.

The report also contained the following results:

  • Total U.S. loan delinquency rate:  9.02%
  • Total U.S. foreclosure inventory rate:  4.08%
  • Total U.S. noncurrent loan rate:  13.10%
  • States with most noncurrent loans:  Florida, Nevada, Mississippi, Georgia, New Jersey
  • States with fewest noncurrent loans:  North Dakota, South Dakota, Alaska, Wyoming, Montana

Noncurrent totals combine foreclosures and delinquencies as a percent of active loans in that state.

Click here to see the full report.

Write to Kerry Curry.

Monday, December 27th, 2010

The Department of Housing and Urban Development fined North Texas lender WR Starkey Mortgage $223,000 for violating HUD/Federal Housing Administration lending guidelines, according to the Federal Register published Monday.

HUD originally voted to fine the financial institution in May after finding violations with regard to 32 mortgages, according to the Federal Register. WR Starkey had numerous loan origination and underwriting deficiencies, failed to remit upfront mortgage insurance premiums in a timely manner, allowed a terminated third-party branch to originate loans, and violated property flipping guidelines.

HUD said Plano, Texas-based WR Starkey to reimburse the agency for 11 of the 32 mortgages in violation. The claims total more than $756,000.

Several other lenders will pay HUD for lending violations. Here are a few reported in Monday's Federal Register:

  • Viewpoint Bank of Plano, Texas, is to pay HUD a $505,400 administrative payment for numerous origination and underwriting deficiencies, including failure to ensure that it its employees worked for Viewpoint exclusively.
  • 1st Alliance Mortgage of Houston is to pay HUD $150,000 for engaging in prohibited branch arrangements, making false certifications on HUD loan applications, and failing to disclose certain employee compensations, among other violations.
  • Birmingham Bancorp Mortgage Corp. of West Bloomfield, Mich., is to pay HUD $815,913 in a settlement for violating the terms of six indemnification agreements after the bank failed to remit payment.

Write to Christine Ricciardi.

Monday, December 27th, 2010

The number of seriously delinquent mortgages held by Freddie Mac rose slightly in November, while the percentage of single-family home loans backed by Fannie Mae that are 90-days or more late fell to the lowest rate in more than a year.

Freddie Mac said the rate of single-family home loans more than 90-days delinquent inched up to 3.85% last month from 3.82% in October. The government-sponsored enterprise said the multifamily delinquency rate for November fell to 0.39% from 0.44% a month earlier.

For November 2009, the rates were 3.83% for single-family and 0.19% for multifamily. Freddie Mac said the number of home loans in its portfolio that were modified during November reached 8,363 and nearly 155,200 loans have been modified this year.

Fannie Mae said the 90-day delinquency rate of single-family mortgages it holds declined to 4.52% in November down from 4.56% in October and 5.29% a year ago. Delinquent multifamily loans rose to 0.71% last month from 0.65% in October and 0.66% last year.

The companies were recently named two of the worst-performing stocks of 2010 with  drops of 74% and 79% in their share price this year. Freddie Mac and Fannie Mae were delisted from the New York Stock Exchange in June, and their stock now trade at around 32 cents.

Write to Jason Philyaw.

Monday, December 27th, 2010

RoundPoint Financial Group and RBS Financial Products have partnered to buy a 40% stake of a $603 million mortgage loan portfolio from the Federal Deposit Insurance Corp.

The FDIC retains a 60% equity interest in what is a newly created venture that will acquire the pool of mortgages. RoundPoint Capital Group and RoundPoint Mortgage Servicing Corp. will oversee the management and servicing of all loans in the portfolio.

"Our participation in this transaction is another step in the execution of our strategy of being a fully integrated mortgage investment firm and demonstrates our commitment to the residential mortgage market," said Kevin Brungardt, CEO of RoundPoint Financial Group.

The transaction is one in a series of structured sales of residential loan pools offered by the FDIC. It marks RoundPoint's second FDIC loan acquisition for 2010.  In April, RoundPoint bought a $491 million FDIC structured transaction.

Charlotte, N.C.-based RoundPoint specializes in the acquisition, management, originations and servicing of mortgage loans.

RBS Financial Products is a unit of Royal Bank of Scotland.

Last week, the FDIC closed sales of 40% stakes in three similar newly created companies it set up to hold commercial and residential assets of 26 failed banks. Combined, the FDIC sold $620 million in unpaid principal on these portfolios for roughly $198 million, less than one-third of what the loans are worth.

Write to Kerry Curry.

Monday, December 27th, 2010

Recently out of law school and looking for work, scores of young Florida attorneys found steady paychecks in burgeoning firms whose business is based on repossessing the American dream.

Today, more than 260 attorneys work at four of Florida's largest foreclosure firms, and 48% of them have been practicing law for less than three years, according to Florida Bar records obtained by The Palm Beach Post.

Of 156 attorneys who started the year churning out foreclosures at the massive Plantation-based operation of David J. Stern but have since left or been laid off, half had been practicing law for less than four years.

With this fall's allegations of forged foreclosure documents, fraudulent notarizations and questionable affidavits submitted in tens of thousands of foreclosure cases, those nascent lawyers are now under a cloud of suspicion.

Monday, December 27th, 2010

Two and a half years ago, Robert and Amy Ahleman, a construction contractor and a financial services employee, were mired in a mortgage nightmare. After missing just one loan payment on their modest, well-kept bungalow in Bensalem, Pa., the couple began receiving notices from their lender. Default fees and eviction threats followed.

As the amounts they owed ballooned because of mounting late fees and other dubious charges, their lender refused to take their payments, claiming they were insufficient — which put the Ahlemans even further behind.

The couple soon realized that filing for bankruptcy was the only way to save their home. At the time, the Ahlemans had two mortgages, one for just under $200,000 and a second for $50,000, and the debt was smothering them.

Today, however, the Ahlemans have a happier story to tell. Not only did they survive their harrowing experience with their home intact, but they say they have emerged happier and thriftier for it.

Monday, December 27th, 2010

The Federal Reserve Board approved an interim rule late last week that will require lenders to show borrowers examples how of a loan's interest rate or monthly payments can change in accordance with a five-year, adjustable-rate mortgage.

The rule amends Regulation Z, which implements the Truth in Lending Act. On Sept. 24, the Fed issued a first interim rule regarding the Mortgage Disclosure Improvement Act, which first stated lenders had to give borrowers examples of how payment and interest rates could change.

The newest rule was proposed and approved to clarify the MDIA in response to public comment. The new rule states lenders must use the five-year ARM module "because the new rate typically becomes effective within five years after the first regular payment due date," the Federal Reserve Board said.

The rule also corrects the requirements for interest-only loans. Lenders will now have to show borrowers the earliest date the consumer's interest rate can change rather than the due date for making the first payment under the new rate.

The rule also clarifies which mortgage transactions are covered by the special disclosure requirements for loans that allow minimum payments that cause the loan balance to increase.

All statutory amendments go into effect Jan. 31. The board said lenders have the option of complying with the September version of the rule or the most recent version until Oct. 1. After that, compliance with the newest issued rule will be mandatory.

Write to Christine Ricciardi.

Monday, December 27th, 2010

The Department of Housing and Urban Development plans to offer $73 million in housing-counseling grants to organizations that help first-time homebuyers purchase a property and other homeowners keep their homes.

The level of grants is up 22% from last year. The process is competitive. Organizations must be HUD approved, and the agency routinely reviews the grant recipients. A list of the grants awarded can be found here. In addition to helping people acquire a home, the organizations also offer essential financial literacy to renters, homeless people and families, according to HUD.

"These organizations are on the front lines of helping families who are desperate to remain in their homes," HUD Secretary Shaun Donovan said. "Now, more than ever, it’s crucial that we support these agencies that are working with struggling families on a one-to-one basis to manage their money, navigate the homebuying process, and secure their financial futures."

The bulk of the grants will fund counseling services by 24 national and regional organizations, five multistate organizations and 484 state and local agencies. HUD is also providing $5 million to three national groups that will train about 4,500 counselors to specifically help people with housing-related needs.

About $9.5 million of the grants will fund programs designed to help senor citizens obtain reverse mortgages or Home Equity Conversion Mortgages.

"The organizations that provide housing counseling services help people become or remain homeowners or find rental housing, and assist homeless persons in finding the transitional housing they need to move toward a permanent place to live," according to HUD. "Grant recipients also help homebuyers and homeowners realistically evaluate their readiness for a home purchase, understand their financing and downpayment options, and navigate what can be an extremely confusing and difficult process."

Earlier in December, HUD said it helped 750,000 Americans find a home or stay in their current abode through its $1.5 billion homelessness prevention and rapid re-housing program.

Roughly $610.7 million, or about 41%, of the fund has been disbursed. The program is set to run through 2012.

Write to Jason Philyaw.



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 »