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Archive for January, 2011

Friday, January 21st, 2011

Every notice of default has a signature on it. But just like the infamously rubber-stamped affidavits in the robo-signing cases, default notices, in at least some instances, have been signed by employees who did not verify the information in them, court papers show. In several lawsuits filed in nonjudicial states, borrower attorneys are arguing that this is grounds to stop a foreclosure.

"Whoever signs the NOD needs to have knowledge that there is in fact a default," said Christopher Peterson, an associate dean and law professor at the University of Utah.

Friday, January 21st, 2011

Of the $22.5 billion in commercial mortgage-backed securities loans set to mature in 2011, roughly 30% do not pass the Fitch Ratings refinance test, the credit rating agency said Friday.

More than half of the loans, $12.9 billion, are set to mature in the back half of the year, and most are on retail properties. Fitch said the majority of the loans that do pass the test have 10-year maturities and are not experiencing leverage issues.

"Borrowers of maturing five-year interest only loans will need to contribute additional equity to reduce debt levels," Fitch Senior Director Adam Fox said. "Five-year loans will face more difficulty in refinancing, especially office loans with significant upcoming lease rollover."

Another credit rating agency Moody's Investors Service said in a recently released report the commercial real estate markets are making their way toward recovery, but most still have not reached a point of stability.

"Loans that pass Fitch's refinance test will be in a better position to be refinanced as liquidity continues to return to the CMBS market," Fox said.

Write to Jon Prior.

Follow him on Twitter: @JonAPrior

Friday, January 21st, 2011

Lender Processing Services (LPS: 16.73 +1.09%) said the delinquency rate for December on residential mortgage loans that are 30 or more days past due but not in foreclosure stands at 8.83%, a year-over-year decline of nearly 18%.

Compared to November, the delinquency rate is down 2.1%, LPS said.

The numbers come from LPS’ “First Look” report, which provides month-end mortgage performance statistics from its loan-level database of nearly 40 million mortgage loans. The Jacksonville, Fla.-based firm will provide more detailed reporting in its upcoming “Mortgage Monitor” report, scheduled for release in early February.

Other first look stats included:

  • Total U.S. foreclosure pre-sale inventory rate: 4.15%
  • Month-over-month change in foreclosure pre-sale inventory rate: 1.7%
  • Year-over-year change in foreclosure pre-sale inventory rate: 9.3%
  • Number of properties that are 30 or more days past due, but not in foreclosure: 4.67 million
  • Number of properties that are 90 or more days delinquent, but not in foreclosure: 2.12 million
  • Number of properties in foreclosure pre-sale inventory: 2.2 million

Combined, the number of properties that are 30 or more days delinquent or in foreclosure has reached 6.87 million as of December, according to LPS. That's down from an estimated 6.93 million properties in November that were 30 days or more delinquent or in some stage of foreclosure.

States with highest percentage of noncurrent loans are Florida, Nevada, Mississippi, Georgia and New Jersey. States with the lowest percentage of noncurrent loans are Montana, Wyoming, Alaska and the Dakotas. Noncurrent totals combine foreclosures and delinquencies as a percent of active loans in that state.

Write to Kerry Curry.

Follow her on Twitter @communicatorKLC.

Friday, January 21st, 2011

The Federal Housing Administration will suspend its anti-flipping rule for a second year in 2011, a spokesman confirmed to HousingWire Friday.

In 2003, the Department of Housing and Urban Development issued a rule that prohibits the FHA from insuring a mortgage on home that was owned by the seller for less than 90 days. But in February, HUD lifted this ban for one year to accelerate the sale of previously foreclosed homes to investors.

The HUD spokesman said the rule was currently in the clearance process. When the FHA first lifted ban, HUD announced $2 billion in Neighborhood Stabilization Program grants to local communities and nonprofits looking to clear out vacant and abandoned homes.

Not all transactions qualify for the exception. The sales must be done at arms-length, meaning there cannot be a shared interest between the buyer and the seller. The waiver does not qualify for reverse mortgages, and in cases where the sales price of the property is 20% above the seller's acquisition cost, more conditions apply.

"FHA borrowers, because of the restrictions we are now lifting, have often been shut out from buying affordable properties," FHA Commissioner David Stevens said when the rule was first suspended. "This action will enable our borrowers, especially first-time buyers, to take advantage of this opportunity."

Write to Jon Prior.

Follow him on Twitter: @JonAPrior

Friday, January 21st, 2011

BB&T Corp.'s (BBT: 26.94 -0.37%) fourth-quarter income rose 12.4% from a year earlier, as the bank holding company recorded higher net interest income from increased yields on loans acquired in its acquisition of Colonial Bank and lower deposit costs.

BB&T earned $208 million, or 30 cents a share, for the three months ended Dec. 31, up from $185 million, or 27 cents a share, a year ago. Revenue for the quarter rose slightly to $2.33 billion from $2.32 billion in 2009.

The provision for loan losses for the quarter declined 25%, as improving credit trends resulted in lower provision expense, according to BB&T.

Fourth-quarter mortgage banking income fell by $46 million from a year earlier, due to a decline in income from residential mortgage banking activities that was partially offset by an increase from commercial mortgage banking.

Noninterest income for the quarter fell less than 1% to $964 million from $970 million a year earlier, as higher securities gains of $100 million were offset by a decrease of $43 million in service charges on deposit accounts and $62 million of losses and writedowns on commercial loans held for sale.

"Our credit outlook is notably improved compared to last quarter," Chairman and Chief Executive Kelly King said. "Peaking in the second quarter of 2010, we have seen steady improvement in most measures through the end of the year and declines in essentially all credit costs this quarter."

The bank ended the fourth quarter with $3.67 billion of total loans held for sale, a 45% increase from $2.55 billion a year earlier, yet down 14% from $3.83 billion at the end of the third quarter.

"Our strategy to accelerate the disposition of problem assets is being effectively executed, as we sold approximately $600 million in problem assets this quarter," King said.

BB&T completed its strategy to de-risk its investment securities portfolio during the fourth quarter in anticipation of rising rates. The company sold about $6.1 billion of agency mortgage-backed securities and replaced them with shorter duration and floating rate securities.  BB&T also sold about $400 million of nonagency MBS to reduce the potential for future credit losses.

Full-year revenue rose 5.8% to $9.4 billion from 2009. The bank lowered nonperforming assets by 4.2% during the quarter to $3.97 billion from $4.17 billion. Some $1.41 billion of nonperforming assets are between 30 and 90 days past due.

BB&T ended the fourth quarter with total deposits of $105.59 billion down 7.1% from $113.62 billion a year earlier.

Write to Jason Philyaw.

Friday, January 21st, 2011

Bank of America (BAC: 7.26 -0.55%) said in its financial supplement Friday it resumed foreclosure sales in most states that have a nonjudicial process, but the bank won't restart sales in judicial states until sometime in the first quarter.

The bank reported a loss of $1.2 billion for the fourth quarter, with more than $3.5 billion in litigation and loss mitigation expenses. In October, BofA and other major lenders suspended foreclosures nationwide when employees were found to be signing affidavits without properly reviewing the documentation as required by law in 23 states. REO agents, those selling the foreclosed properties, were told to halt sales until the bank could correct the documentation.

By the end of October, BofA said it was resubmitting affidavits in the 23 judicial states. Now, it is planning to restart the sales of these foreclosed properties.

BofA said it is "maintaining a deliberate and phased approach" to the restarts and added that a "review of our foreclosure process shows the basis of our decisions has been accurate."

The banking giant has begun to reduce its portfolio of foreclosed properties. BofA REO totaled $1.9 billion in the fourth quarter, down 13% from the year before. However, the amount of delinquent loans is on the rise. Total loans past due by 90 days reached more than $22.3 billion in the fourth quarter, including $16.7 billion insured by the Federal Housing Administration. That's up 32% from a year ago.

BofA said of the foreclosures it conducted in the fourth quarter, 78% of the borrowers had not made a mortgage payment for more than one year. The loans averaged 19 months in delinquency. More than half of the borrowers either lost their job or had their income reduced.

Write to Jon Prior.

Follow him on Twitter: @JonAPrior

Friday, January 21st, 2011

Bank of America (BAC: 7.26 -0.55%) reported a net loss of $1.2 billion, or 16 cents per share, in the fourth quarter of 2010 as the bank braced for outstanding mortgage repurchase claims.

Losses were wider than a year ago when the bank reported a fourth-quarter loss of $194 million. For all of 2010, BofA recorded a net loss of $2.2 billion. Revenue for the fourth quarter was $22.6 billion, an 11% drop from a year ago.

Most of the expense for the fourth quarter was the $4.1 billion BofA set aside in the fourth quarter to cover faulty mortgages originated by the acquired Countrywide Financial Corp. it might have to buy back. This includes the $3 billion settlement with the government-sponsored enterprises announced in January. For the entire year, BofA had set $6.8 billion in provisions for possible mortgage repurchase requests.

The total amount of unresolved repurchase requests stands at $10.7 billion for BofA, down from $12.9 billion a the end of the third quarter, but it said it was liable for $5.4 billion at the end of the fourth quarter.

BofA also spent $1.5 billion in litigation expenses, excluding fees paid to external legal service providers. For the entire year, BofA spent $2.6 billion in legal expenses. The bank said lower sales and trading revenues also led to the loss in the fourth quarter.

Another $2 billion in expense came from increased default and other loss mitigation servicing operations, the bank said, but it was partially offset by more mortgage servicing rights business.

"Last year was a necessary repair and rebuilding year," BofA CEO Brian Moynihan said. "Our results reflect the progress we are making at putting legacy – primarily mortgage-related – issues behind us."

The bank did shed more than $19 billion in assets. It also originated $85 billion in mortgages during the fourth quarter. Roughly 26% were for home purchases with the rest for refinancing. However revenue for its home loans and insurance business was $10.6 billion, down 37% from a year ago. The decline was due to fewer loans written, reflecting a drop in the overall mortgage market, the bank said.

Still, Moynihan remains optimistic about 2011, but he told CNBC Friday morning that he would not raise the bank's stock dividend until the second half of the year. In the financial statement, he highlighted the need for a rejuvenated housing market.

"We enter 2011 with the best customer franchise in the business against a backdrop of an improving economy. Full economic recovery depends on housing market stability," Moynihan said. "We will return value to shareholders by focusing on customers and clients, continuing to build capital, and executing our strategy."

Write to Jon Prior.

Follow him on Twitter: @JonAPrior

Thursday, January 20th, 2011

Fannie Mae will increase the maximum allowable fee servicers can pay Maryland foreclosure attorneys to $1,300 from $950 for mortgage loans referred to them on or after Feb. 1.

The fee change applies to whole mortgage loans, participating pool mortgages and others bundled into mortgage-backed securities serviced in special servicing. The government-sponsored enterprise reminded servicers that nonjudicial foreclosures are preferred in Maryland and directed the companies to request prior approval before filing through litigation.

"There have been changes to the Maryland process that require additional work by attorneys, which justifies an increase in the foreclosure fee," a Fannie Mae spokesperson told HousingWire.

Maryland had the 15th highest foreclosure rate in the country through 2010. There, one in 55 homes received a filing for a total of more than 42,000 properties.

A recent decision in Maryland courts dismissed thousands of foreclosure cases initiated by GMAC Mortgage for faulty foreclosure affidavits. The company said it would refile the documents, which could possibly lead to the extra work for all foreclosure attorneys in the state as they attempt to straighten out their procedures.

Following the Ibanez ruling in Massachusetts, where foreclosures initiated by U.S. Bank (USB: 27.81 +0.07%) and Wells Fargo (WFC: 29.37 +1.10%) were voided because they could not adequately prove they owned the title, bank attorneys have since begun attempts to shore up their paperwork in Massachusetts.

Fannie Mae made its announcement days after the Maryland ruling.

Write to Jon Prior.

Follow him on Twitter: @JonAPrior

Thursday, January 20th, 2011

Freddie Mac will cut its streamlined refinance program for mortgages settled on or after May 1, 2011.

This, say analysts at Bank of America (BAC: 7.26 -0.55%) Merrill Lynch was the only government-sponsored enterprise streamline refinance option left after the Home Affordable Refinance Program expired in March 2009 for Fannie Mae and May 2009 for Freddie.

The program allowed qualifying mortgages, which had never been 30 days delinquent more than once in the previous year, among other qualifications, to have the interest rate and the amortization term on the first-lien reduced. Also, Freddie could replace an adjustable-rate mortgage with a fixed-rate one.

"We believe that Freddie’s owned streamlined refinance program has had a meaningful impact on Freddie speeds in the 2009 and 2010 vintages," BofAML analysts said.

They added that without the program, there will be slower speeds and longer refi lag for Freddie pools issued in those years, and that these speeds will begin to match those at Fannie Mae.

Write to Jon Prior.

Follow him on Twitter: @JonAPrior

Thursday, January 20th, 2011

REO Allegiance named Moe Levine chief operating officer of the property preservation firm. He has been with REO Allegiance for five years and was previously the director of corporate services.

In his new position, Levine oversees the implementation of both internal and external business strategy. He is also responsible for developing infrastructure, management practices and corporate strategies for REO Allegiance.

Levine comes from a strategic management background with previous positions at technology firm Capgemini and investment giant Ernst & Young.

President and chief executive officer of REO Allegiance Lisa Sadaoui said she is pleased Levine accepted his new position at the firm.

“Moe has essentially been performing the COO role for the past several years as he has helped the company develop into the leading national service provider it is today,” she said.

REO Allegiance is a nationwide property preservation and eviction company founded in 1997. The Bayonne, N.J.-based firm has a network of more than 7,000 contractors and about 100 full-time employees. As of Levine's appointment, REO Allegiance posted revenues in the 8-figure range.

Write to Christine Ricciardi.

Follow her on Twitter @HWnewbieCR.



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