RSS Twitter

Archive for January, 2011

Monday, January 24th, 2011

Washington is gearing up for its next epic policy debate: what to do about Fannie Mae and Freddie Mac.

Fannie and Freddie are the two mortgage behemoths that the federal government created decades ago, and then took over as the financial system unraveled in 2008. What policymakers decide will determine how high mortgage rates go in the future, how easy it will be to obtain a home loan, and whether the popular 30-year fixed-rate mortgage continues to exist.

No one wants to return to the situation that existed just before the financial crisis. Fannie and Freddie had evolved into odd combinations of public and private: profit-maximizing, shareholder-owned companies with unique charters and implicit – but never clearly spelled out – federal backing. Each could thus borrow more cheaply than other financial institutions could, and both used that advantage to earn rich profits investing in higher-yielding mortgages. Fannie and Freddie were also allowed to operate with very thin capital cushions to protect them if their investments went bad.

Monday, January 24th, 2011

A look at news across HousingWire's weekend desk, with more coverage to come on bigger issues:

On Saturday, R.K. Arnold retired as president and chief executive of Mortgage Electronic Registration Systems. Paul Bognanno was named to serve as interim president and CEO until a replacement is found.

Arnold helped develop MERS, which is a registry of home ownership and other mortgage rights for more than half of all outstanding residential mortgages in the U.S. The company was founded in 1995 and is based in Reston, Va.

MERS is owned by the largest players in mortgage finance: Bank of America (BAC: 7.255 -0.62%), JPMorgan Chase (JPM: 37.40 -0.24%), Citigroup (C: 30.53 +0.49%), Wells Fargo (WFC: 29.36 +1.07%), as well as Fannie Mae and Freddie Mac.

Arnold joined MERS as senior vice president and general counsel in 1996 and was named president two years later. Bognanno had been chairman of Radian Guaranty, a private mortgage insurer based in Philadelphia.

On Tuesday, the Federal Open Market Committee convenes for another meeting and the Standard & Poor's/Case-Shiller home price index is released. The Fed will then announce its latest monetary policy decision Wednesday afternoon.

President Obama is set to deliver his State of the Union address Tuesday night. Several reports over the weekend said the administration's long-awaited proposal on the future of Fannie Mae and Freddie Mac won't come before the end of January, as expected.

The Wall Street Journal reported turnover within the White House staff and an inability to reach a consensus have hindered the administration's recommendation. As mandated under Dodd-Frank, the report on the government-sponsored enterprises from the Treasury Department was due to Congress by the end of January.

Reuters quoted an official saying "it would not be unreasonable for something this complex and this far-reaching to be pushed back a little bit." It now appears the administration will provide its plan for the GSEs by the middle of February.

HousingWire's February issue explores the coming changes to the GSEs, weighing all sides and delving deep into what market participants hope to see, expect will happen and plan to do once the changes take root.

Federal judges in Delaware are set to rule Monday on requests by two defunct subprime mortgage lenders to destroy thousands of boxes of documents, according to a Reuters report. The bankruptcy court judges will deliver rulings amid the whirlwind surrounding the foreclosure process continues.

In October, the nation's largest mortgage lenders suspended foreclosures after employees were found to be signing affidavits en masse without properly reviewing the documentation as required by law. The banks restarted the foreclosure process and Bank of America resumed selling foreclosure properties in most states that have a nonjudicial process.

Regulators closed four banks last week. The Federal Deposit Insurance Corp. estimates the total cost to its deposit insurance fund of about $454.9 million. Seven banks have failed so far in 2011 after nearly 300 institutions failed over the prior two years.

The Georgia Department of Banking and Finance closed Enterprise Banking Co. of McDonough, Ga., and the FDIC was appointed receiver. At Sept. 30, Enterprise Banking had $100.9 million in total assets and $95.5 million in total deposits. The FDIC created the Deposit Insurance National Bank of McDonough that will remain open until Friday to allow depositors access to their insured deposits and time to open accounts at other insured financial institutions.

The South Carolina State Board of Financial Institutions closed CommunitySouth Bank and Trust of Easley, S.C. The FDIC signed an agreement with CertusBank, a new unit of Blue Ridge Holdings Inc. of Charlotte, to assume all of the deposits and most of the assets of CommunitySouth. At Sept. 30, CommunitySouth Bank and Trust had about $440.6 million in total assets and $402.4 million in total deposits.

The North Carolina Office of Commissioner of Banks closed The Bank of Asheville, in Asheville, N.C. The FDIC signed an agreement with First Bank, Troy, N.C., to assume all of the deposits and essentially all the assets of the closed entity. The Bank of Asheville listed assets of $195.1 million and deposits of $188.3 million as of Sept. 30.

The Office of Thrift Supervision closed United Western Bank of Denver. First-Citizens Bank & Trust, Raleigh, N.C., agreed to assume all the deposits and nearly all the assets of the failed bank. United Western reported total assets of $2.05 billion with deposits of $1.65 billion as of Sept. 30.

Write to Jason Philyaw.

Saturday, January 22nd, 2011

Mortgage Electronic Registration Systems has officially announced the retirement of President and CEO R.K. Arnold, with Paul Bognanno serving as interim President and CEO until a replacement is named.

MERS had no comment Friday when asked if Arnold was leaving.

Arnold joined the company at its inception nearly 15 years ago in 1996. MERS is a registry of home ownership and other mortgage rights for more than half of all outstanding residential mortgages in the U.S.

"During his tenure, MERS launched a commercial mortgage registry, the industry’s eNote Registry and products to help reduce mortgage fraud," said Bognanno. "I look forward to helping MERS build and expand upon that history."

Bognanno recently served as chairman of private mortgage insurer Radian Guaranty.

"I am proud of the important value that MERS provides to our nation’s housing finance system," Arnold said in an email to HousingWire over the weekend. "I’m looking forward to enjoying the next chapter of my life."

Write to Jacob Gaffney.

Follow him on Twitter @JacobGaffney.

Friday, January 21st, 2011

Safeguard Properties, in conjunction with default servicing industry veteran Brandon Kirkham, recently launched a new company that streamlines communication between mortgage servicers and code enforcement officers.

Compliance Connection, which is based in Plano, Texas, is an online network where servicers can connect directly with municipalities across the country to address code enforcement issues. Code violations are delivered electronically to involved parties, reducing the amount of time between when the notification is sent and when it is received.

Compliance Connection doubles as a workflow management platform, as it tracks every violation sent across the system.

Kirkham said Compliance Connection offers servicers a way to increase productivity while maintaining quality control. He is president of the company.

"Compliance Connections vastly improves the ability of servicers and municipalities to handle growing volumes of properties," Kirkham said. "It offers an easier, more efficient way to delivering code violations and manage the communication and workflow to abate them more quickly."

Safeguard Properties entered into a business partnership with the brand new firm. Safeguard is a property preservation company based in Valley View, Ohio. The firm employs 825 people, as well as has a network of more than 10,000 contractors nationwide.

Write to Christine Ricciardi.

Follow her on Twitter @HWnewbieCR.

Friday, January 21st, 2011

A federal judge ruled that a group of investors suing Ally Financial's (GJM: 22.43 -0.62%) Residential Capital unit and Royal Bank of Scotland over mortgage-backed securities losses did not qualify for class action status and must file independently.

The New Jersey Carpenters Health Fund, Vacations Fund and the Boilermaker Blacksmith National Pension Trust sued both companies, alleging documents misled them on whether or not proper underwriting guidelines were followed for the loans backing three deals, one named RALI and two were different classes of Harborview.

But U.S. District Judge Harold Baer ruled the investors raised "individualized issues" for which class treatment was not superior.

Defendants argued, among other things, that some purchasers knew that the originators were "loosening or lowering" their underwriting standards.

"This presents a serious challenge to class certification because it provides for unique defenses that require a great deal of individualized evidence," Baer wrote. "The fact that putative class members purchased securities at different dates relative to different disclosure events … demonstrates that the proposed class would include investors with different levels of knowledge, and that such individual issues predominate."

Baer also said that assigning the plaintiffs a class action would "present obstacles to the management of the litigation."

"The necessity of hearing all this individualized evidence defeats the requisite superiority of class treatment," Baer ruled.

Write to Jon Prior.

Follow him on Twitter: @JonAPrior

Friday, January 21st, 2011

Mortgage originators are used to not being able to update title documents quickly. Linear Title & Closing now says they no longer have to live with that.

Rhode Island-based Linear Title now offers a online platform for clients to access files, allowing any changes to be reflected in a maximum of 15 seconds. The company estimates most changes would not take more than 5 seconds.

The system is a far cry from lenders e-mailing title companies or phoning in price changes. The Linear system is more akin to surfing the Web, according to CEO Nick Liuzza, in an exclusive interview with HousingWire.

"In 2011, lenders are looking for ways to become more efficient," Liuzza said. "If they can get information back much sooner, disclosure timelines are no longer a worry."

The mortgage underwriting process is lengthening, timewise. Getting a mortgage now takes more documentation, higher credit scores and greater liability on all parties involved. Simple time-delay issues, such as losing an interest-rate lock, costs lenders a huge amount in revenue each year. Linear wants to reduce the amount of time it takes to close a mortgage on the back-end, to allow for a quicker clearance to close.

Liuzza said his company is a solution to plug those holes. The Web service allows lenders to integrate the Linear platform directly to their existing loan origination system. Updated fees push directly to client files via XML.

"Our clients that have integrated this service are enjoying decreased turn time," said Brooke Whittaker, Linear director of operational partnerships, "and have seen their margins increase by lowering labor costs."

Linear offices are also located in California and Texas. As of last year, the firm now does business in every single state.

Write to Jacob Gaffney.

Follow him on Twitter @JacobGaffney.

Friday, January 21st, 2011

Borrowers either never moved into or later vacated homes for at least 25 percent of U.S. mortgages that were described as being for “owner occupied” properties when bundled into securities, according to 1010data.

Misrepresentation of a mortgage’s intended use as a residence accounts for about half of the falsely labeled loans, with the rest reflecting borrowers that subsequently moved out, according to a study by the New York-based firm, which sells software used to analyze data. The mortgages were packaged into bonds without government backing from 2004 through 2008.

Friday, January 21st, 2011

The amount of reverse mortgages originated in Texas is growing, passing Florida for the second most nationwide but still behind California, where 13% of these loans are located.

A reverse or Home Equity Conversion Mortgage allows the borrower, who must be at least 62 years old, to convert a portion of the equity in the home for cash. No repayment is required until the borrower no longer uses the home as a principal residence or does not meet the obligations of the loan.

According to the Texas Mortgage Bankers Association, there are currently more than 72,000 reverse mortgages outstanding in the U.S. Texas holds more than 6,300 for an 8.2% market share.

"This is incredibly positive news for Texas families," TMBA President Scott Norman said. "As more seniors are forced to cope with rising cost of health care and home improvements, reverse mortgages will take on a greater significance."

But these loans are not without their risks. Former Florida Attorney General Bill McCollum warned senior citizens in 2008 about several scams that target them directly. Predatory lenders, he said, can often engage in deceptive practices and use high-pressure sales tactics to steer borrowers into "inappropriate loans."

He did say that reverse mortgages can serve a purpose when financed through the Department of Housing and Urban Development's HECM programs.

Still, reverse mortgages are becoming more popular in Texas. In 1999, the Legislature amended the Texas constitution to authorize reverse mortgage lending. Since 2008, senior citizens in the state have borrowed more than $2 billion.

More could be coming. The real estate center at Texas A&M University estimates that by 2030, 5.18 million Texans will be over the age of 62, compared to 2.5 million in 2010.

"The overwhelming growth we’re seeing reinforces our belief that reverse mortgages remain a safe and viable option for Texas seniors as they evaluate their retirement plans," Norman said.

Write to Jon Prior.

Follow him on Twitter: @JonAPrior

Friday, January 21st, 2011

The Consumer Financial Protection Bureau is six months out from full implementation and there's still no nominee for director in the pipeline.

No candidate has been discussed because senators are "slow-walking" toward a decision, members of Americans for Financial Reform said on a conference call Friday. The nonprofit is a coalition of more than 250 consumer, labor, civil rights, retiree and small business groups.

Dodd-Frank became law six months ago on July 21. The sweeping financial reform act mandates creation of the CFPB and stipulates it must have a director within a year. If there is no captain for the ship, the CFPB will not gain some of the regulatory powers currently assigned to it. For example, it won't oversee nonbank financial institutions. The CFPB is set to become the first federal regulator for this type of institution.

The CFPB also will become the de facto supervisor of the mortgage industry. Officials said state regulators and the bureau are dedicated to keeping examination procedures consistent while trying to minimize the regulatory burden on lenders.

"We have a great deal of difficulty getting a nominee confirmed for other agencies, and this is a bureau many of the newly elected Republicans want to undermine," said Nancy Zirkin, executive vice president of The Leadership Conference Education Fund, a civil rights organization.

"We assume there's going to be resistance to choose someone who is deeply committed to consumer protection," Travis Plunkett, legislative director of the Consumer Federation of America, said.

Elizabeth Warren, special adviser to Treasury Secretary Timothy Geithner on the CFPB, is heading up the establishment of the bureau. Many believed she would eventually be named director, but the consumer groups on the conference call could not confirm that would happen.

"What we have done is said Elizabeth Warren is a spectacular nominee because she meets the criteria," Plunkett said. He had no other suggestions as to who President Obama might choose.

"We'll see," said Plunkett. "We have every reason to believe he will choose someone who is qualified."

A qualified nominee for director is someone who knows the financial industry and also has a deep knowledge of and connection to the consumer market, according to Plunkett. He said the candidate should be experienced and deeply committed to consumer protection.

The deadline to appoint a director of the bureau is July 21, when the CFPB opens its doors and is supposed to be fully functional. President Obama is to elect a nominee, who must then be confirmed by the Senate.

In order to make the deadline, Plunkett agreed with media personnel that "we would need to see a nominee soon."

Write to Christine Ricciardi.

Follow her on Twitter @HWnewbieCR.

Friday, January 21st, 2011

In another possible sign of the ice beginning to thaw in the market, General Electric Co. (GE: 18.985 -0.45%) narrowed its real estate losses in the fourth quarter.

Earlier Friday, the global conglomerate reported income of $4.54 billion, or 42 cents a share, including discontinued operations, up 51% from about $3 billion, or 28 cents a share, a year earlier. Fourth-quarter revenue rose to $41.38 billion from $41.05 billion in 2009.

The company, which is a component of the Dow Jones Industrial Average, said fourth-quarter income at its GE Capital unit rose to about $1.06 billion from $99 million a year ago.

GE Capital, which includes the company's finance operations, benefited from lower loan delinquencies during the quarter. Chairman and Chief Executive Jeff Immelt called the unit's performance "encouraging."

Losses in the unit's real estate division narrowed by 31% during the quarter to $409 million from $593 million a year earlier.

For the full year, GE Capital earned $3.27 billion, more than double the $1.46 billion for 2009. Losses in the real estate division widened to $1.74 billion for the year ended Dec. 31 from $1.54 billion for 2009.

"GE exits 2010 with significant momentum," Immelt said. "We expect that GE earnings growth will continue in 2011 and 2012. We have simplified the portfolio and dramatically reduced risk. We have invested in organic growth with global partnerships, a 21% increase in R&D and a broad array of new products. We are executing a balanced and disciplined capital-allocation plan with dividend increases, acquisitions and share repurchases."

Write to Jason Philyaw.



Origination/Lending
Consumer sentiment climbed to an index level of 75 in January, the best reading of the Thomson Reuters/University of Michigan...

Read More »

Secondary Markets/Investors
The new federal task force led by New York Attorney General Eric Schneiderman sent subpoenas to the 11 largest financial...

Read More »