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Archive for January, 2011

Tuesday, January 18th, 2011

President Barack Obama plans a government-wide review of federal regulations, aiming to eliminate rules that stymie economic growth.

In an article published in the opinion pages of The Wall Street Journal, Mr. Obama said he intends to issue an executive order initiating a review to "make sure we avoid excessive, inconsistent and redundant regulation," focusing on rules that "stifle job creation and make our economy less competitive." He also suggested future regulations must do their job "while promoting economic growth."

Tuesday, January 18th, 2011

Citigroup (C: 30.5488 +0.56%) reported $1.3 billion in net income for the fourth quarter of 2010, or 4 cents a share, up from a $7.6 billion loss a year ago.

Revenue for the quarter reached $18.3 billion, more than triple the $5.4 billion in revenue a year ago but down 11% from the previous quarter.

Citi earned $10.6 billion in net income for the full year of 2010, or 35 cents a share, compared to a net loss of $1.6 billion in 2009.

"2010 was a year full of milestones and was critical for the turnaround of this institution," Citigroup CEO Vikram Pandit said.

Mortgage originations at the bank increased for the fourth consecutive quarter. Citi totaled $21.8 billion in new originations, up $9.3 billion a year ago.

Corporate revenue at the bank reached $1.8 billion in 2010, up from a $10.6 billion loss in 2009 that included a repayment of Troubled Asset Relief Program dollars when it exited its loss-sharing agreement with the Treasury Department.

Citigroup's total allowance for loan losses was $40.7 billion by the end of the fourth quarter, or 6.31% of total loans, down from $43.7 billion, or 6.73%, in the previous quarter. The bank's Tier 1 capital ratio reached 12.9% in the fourth quarter, up from 11.6% a year ago and 12.5% in the previous quarter.

Write to Jon Prior.

Follow him on Twitter: @JonAPrior

Tuesday, January 18th, 2011

As Vikram Pandit celebrates his first full-year profit as head of Citigroup, an old nemesis clouds the bank’s future: defective mortgages.

Three years after bad home loans helped trigger the recession and six weeks after the government cashed in the last of its $45 billion Citigroup investment, the New York-based bank is still selling mortgages that violate quality standards, according to an internal Freddie Mac review obtained by Bloomberg.

Fifteen percent of the performing loans Citigroup sold to the government-owned mortgage-finance company in the second half of 2009 and the first half of 2010 had such flaws as missing appraisals or insurance documents or income miscalculations, according to the review of 375 mortgages. The target for defects should be about 5%, said Tim Rood, a former executive with Freddie’s sister agency, Fannie Mae, and now managing director at Washington-based advisory firm Collingwood Group.

Monday, January 17th, 2011

Ernst & Young appointed Mark Grinis to lead the firm's global team that services real estate investment funds. Grinis is currently a senior partner in Ernst & Young's real estate practice in New York. He also leads the firm's real estate distressed services team.

In his new position, Grinis succeeds Gary Koster who is moving to a new position within E&Y's global private equity practice.

"Mark has an enormous amount of experience with global real estate and, as the current coordinating partner on a number of large investment fund clients, possesses keen insight into the critical aspects of real estate private equity fund operations," said Howard Roth, global leader of Ernst & Young's real estate practice.

Grinis has traveled all over the world in his 25 years in the real estate private equity sector, including a stint in Japan. From the late 1990s to 2004, he served as the managing partner of Ernst & Young Global's Asia Pacific Financial Services practice. He was responsible for managing the firm’s regional real estate efforts and served as the assurance partner in charge of some of the firm’s largest opportunity fund accounts.

Grinis is also a certified public accountant in New York, New Jersey, Georgia, Connecticut and California.

Ernst & Young Global Real Estate is designed to anticipate market trends, identify the implications and develop points of view on relevant industry issues. It is a division of financial advisory firm Ernst & Young.

Write to Christine Ricciardi.

Follow her on Twitter @HWnewbieCR.

Monday, January 17th, 2011

The Courts of Justice Civil Laws subcommittee in the Virginia House of Representatives reviewed a bill Monday that would force banks to maintain up-to-date records tracking the ownership of mortgage loans.

Although the committee was scheduled to vote on the bill, the vote was pushed back to next Monday Jan. 24, according to a legislative aide in Republican Delegate Bob Marshall's office.

Marshall introduced the bill, formally called House Bill No. 1506, on Jan. 12.

Under the bill, lenders would have to provide written notification of a title sale at least 45 days before the transaction is made. In addition, the written notice must be provided to the owner of a property if a proposed foreclosure is taking place.

Marshall has previously taken issue with title transfers. In early November, he wrote a letter to the Virginia state attorney general asking for an investigation into the legality of practices by Mortgage Electronic Registration System, an electronic mortgage title database created by players in the mortgage industry.

Marshall is working diligently alongside other state legislators to change the state's foreclosure process. Virginia Sen. Chap Petersen hosted a press conference Monday at the Virginia General Assembly Building to discuss three bills he sponsored regarding the state's foreclosure process. According to an article in The Washington Post, he is trying to lengthen the foreclosure process so homeowners have more time to dispute claims.

Virginia is a non-judicial foreclosure state, meaning each case does not have to be approved by a judge. The judicial foreclosure process can take months longer than the non-judicial process.

According to analytics firm 1010data, New York's housing market is worse than California's for this very reason. As of November it took 19 months to liquidate a foreclosed home in California, compared with 32 months in New York.

Peterson introduced three bills into the Senate, which have yet to be discussed. Individually they would require a 30-day notice to foreclose on a defaulted property (including information identifying the owner and servicer of the loan and the outstanding principal balance); forbid the use of faulty affidavits in a foreclosure case, with criminal penalties; and require that creditors register each mortgage purchase with the Clerk of Circuit Court in the 17th Judicial District, which encompasses Virginia.

"This is arguably the most important remedy," Petersen said of the last requirement. "Right now, the mortgages are registered with "MERS," a privately-owned firm which operates solely for the benefit of lenders.  There is zero government oversight of this entity, which holds the records of (literally) millions of Virginians."

MERS affirmed its legal track record when Marshall wrote the letter to the Virginia AG in November, stating the organization "does not eliminate, omit or otherwise fail to report land ownership information from public records."

Write to Christine Ricciardi.

Follow her on Twitter @HWnewbieCR.

Monday, January 17th, 2011

The Department of Veterans Affairs directed its mortgage servicers to provide $1,500 in relocation assistance to borrowers leaving their home after a short sale or a deed-in-lieu of foreclosure.

The requirement took affect Jan. 6. The VA said it would reimburse servicers, but it would not be counted as part of the proceeds to the borrower. Servicers can only claim reimbursement up to the maximum guaranty the VA put on the loan plus the cost of reselling it as REO or short sale. Servicers must waive any amount on the loan that isn't covered by the VA guaranty claim and the larger of either the net value of the home or the short sale proceeds.

In April 2010, the Treasury Department launched the Home Affordable Foreclosure Alternatives program to provide incentives to do short sales or DILs instead of foreclosure. Through HAFA, borrowers receive up to $3,000 in relocation assistance.

The VA said it has been paying servicers an incentive to modify or forbearing loans on the verge of foreclosure for the past 15 years.

The VA also urged servicers to follow recently revamped HAFA guidelines when considering a borrower for the short sale, which includes holding up the foreclosure process when making a decision. It also expects, not requires, servicers to notify eligible borrowers through a written agreement.

"For servicers, the transfer of ownership via DIL or short sale is typically shorter than a foreclosure time period, and the property is left in better condition via DIL, which preserves the condition and value of the property by minimizing the time it is vacant and subject to vandalism and deterioration," the VA said in its directive to servicers.

Write to Jon Prior.

Follow him on Twitter: @JonAPrior

Monday, January 17th, 2011

Top U.S. financial regulators charged with issuing recommendations on how to implement the "Volcker rule" appear to be leaning against suggesting precise rules for specific assets or trades, and instead might focus on the amount of risk being carried by a firm or trading desk, according to people briefed on the negotiations.

Monday, January 17th, 2011

The Texas Department of Housing and Community Affairs recently made available a second round of funding for its first-time homebuyer tax credit program under its Texas Mortgage Credit Program.

The state agency just released $45 million of $500 million allocated for the program. The department released $50 million of the funds in May when the program was first implemented.

“Despite all the negatives we hear from other states, the fact is that the Texas economy — and the demand for homeownership — both remain quite healthy,” said Michael Gerber, executive director of the Texas agency. “Many families want and are ready to take that exciting step toward homeownership."

The Texas Mortgage Tax Program was the state's response to the expiration of the federal tax credit in April 2010, and is the single largest financing initiative for state homebuyers in the 27-year history of the tax program. The program is funded through a bond program, however, no one at the agency was immediately available to provide details concerning funding.

The program is designed to make housing more affordable to low- to middle-income Texas families who have not lived in a home for three years by offering borrowers a tax liability reduction. According to the agency, a borrower can receive a tax credit up to $2,000 annually.

The benefit lasts throughout the life of the loan.

A borrower is required to take a homebuyer education class in order to qualify for the tax break. Homebuyer education is arguably one of the most important steps to homeowner sustainability, according to Marietta Rodriguez, national director for National Homeownership and Lending at NeighborWorks America.

"We believe strongly in pre-purchase homebuyer education before a mortgage product is selected," Rodriguez said in an interview, adding that the industry, and especially the government-sponsored enterprises, have shied away from this strategy recently.

"With that action, Fannie and Freddie are sending a message to the industry that counseling doesn't matter and that has strong ramifications on the industry as a whole."

Texans interested in the program must be earning up to 115% of the area median family income. For residents living in specific targeted areas of the state, such as places impacted by natural disaster, households may earn up to 140% of the average median income in the area and still qualify. In these cases, the first-time homebuyer requirement is waived.

Credit is available through the Federal Housing Administration, the Department of Veteran Affairs, the U.S. Department of Agriculture or one of many participating conventional mortgage lenders throughout the state.

“The Texas Mortgage Credit Program is another helpful yet responsible tool that TDHCA can offer to qualifying Texas families who are prepared to be homeowners,” said Gerber. “If you are ready to take that step toward homeownership, the state is ready to help you.”

Write to Christine Ricciardi.

Follow her on Twitter @HWnewbieCR.

Monday, January 17th, 2011

Rep. Maxine Waters (D-Calif.) said the latest misstep by JPMorgan Chase (JPM: 37.41 -0.21%), which led to improper foreclosures for military families, has pushed the industry into "crisis."

NBC News reported Monday that the bank overcharged some 4,000 troops on their mortgage and filed improper foreclosures on more than one dozen military families. In October, major lenders including Bank of America (BAC: 7.26 -0.55%), Ally Financial (GJM: 22.43 -0.62%) and JPMorgan Chase (JPM: 37.41 -0.21%) froze foreclosures when employees were found to be signing affidavits without reviewing the documentation. Others, including Citigroup (C: 30.5488 +0.56%) and Wells Fargo (WFC: 29.38 +1.14%) had to refile thousands of cases.

A recent ruling in Massachusetts voided two foreclosures from U.S. Bank (USB: 27.81 +0.07%) and Wells Fargo when the two lenders could not adequately prove they held the note.

"After a temporary moratorium, JPMorgan Chase decided to restart foreclosures only a month after uncovering robo-signing and other systematic failures in their servicing processes," Waters said in a statement sent to HousingWire Monday. "While their Nov. 18 testimony at a hearing of my Subcommittee on Housing and Community Opportunity claimed that the bank had fixed all problems in their servicing operations, the stories of these families clearly suggest otherwise. It is particularly disgraceful that these errors affected military families, some of whom are already dealing with the stress of deployments."

The Mortgage Bankers Association will hold a summit in Washington, D.C., that will include regulators and bankers attempting to strike a new national standard for servicing. While many consumer advocate groups and lawyers say the banks are intentionally cutting corners, government officials say the companies were simply unprepared for the record volume of troubled loans in recent years.

Waters told HousingWire she will continue to seek solutions through legislation in the new Congress.

"Unfortunately, anecdotes about improper fees and wrongful foreclosures keep piling up, to the point where I believe there is a crisis across the entire servicing industry," Waters said. "I will continue to advocate for servicing reform in the 112th Congress, because without systemic change, stories like this will continue."

Write to Jon Prior.

Follow him on Twitter: @JonAPrior

Monday, January 17th, 2011

[Update 1: Adds attorney and Iowa AG Tom Miller comments]

JPMorgan Chase (JPM: 37.41 -0.21%) overcharged roughly 4,000 troops on their mortgage and improperly foreclosed on 14 of the families, a spokesperson for the bank said Monday.

Under the Servicemembers Civil Relief Act last amended in 2003, lenders can be required to lower mortgage rates for active-duty military personnel to 6% and cannot pursue a foreclosure, but according to the report, Chase was slow to make the change for many of the families, charging Marine Capt. Jonathan Rowles as much as 10% and hounding him with debt collection calls for as much as $15,000 in arrears, according to NBC news.

The Rowles case against Chase is still pending, but the bank said it had made the mistakes and is trying to correct the problem. In an statement sent to HousingWire, Chase said it will be sending roughly $2 million in refunds to families that have been overcharged and will give back the homes that were improperly foreclosed.

But Dick Harpootlian, the attorney representing the Rowles family said the refund is not enough.

"These are people who are in active duty. These are people fighting for us. The suit is going forward," Harpootlian said. "Chase got caught. It's a good first step, but it's not enough."

Major servicers are under investigation from regulators and the 50 state attorneys general for other problems in the foreclosure process. Iowa AG Tom Miller said in a statement sent to HousingWire that Chase disclosed the overcharges to him "very recently."

"I m concerned and troubled over JP Morgan Chase's disclosure," Miller said. "Our deployed men and women should focus on their deployment.  Neither they, nor their families, should have to endure this kind of financial distraction back home."

In December he did say a settlement compensating homeowners was one of many options on the table.

"We made mistakes here and we are fixing them," a Chase spokeswoman Kristin Lemkau said.

The bank said it is reviewing how it services loans to military personnel, and it has implemented a team that works only for these borrowers.

Write to Jon Prior.

Follow him on Twitter: @JonAPrior



Origination/Lending
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