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Archive for January, 2011

Friday, January 28th, 2011

A Treasury official and the leader of the Federal Deposit Insurance Corp. disagree on how the Washington Mutual seizure was handled, while a banker questions whether he paid too much for the thrift, according to a new report on the causes of the 2008 financial crisis.

Jaime Dimon, CEO of JPMorgan Chase (JPM: 37.36 -0.35%), said he would have only bid $1 for the failing Seattle-based thrift instead of nearly $2 billion had he known no one else was bidding.

About a page is devoted to the thrift's seizure and the decisions surrounding it, but issues involving WaMu’s option adjusted-rate mortgages, loose lending standards and questionable appraisal practices, get mention elsewhere in the report.

Neel Kashkari is the U.S. Treasury official quoted on second-guessing how the seizure was handled.

WaMu, with $307 billion in assets, was the largest bank failure in U.S. history. It followed the summer failure of IndyMac and preceded the fall buyout of Wachovia by Wells Fargo (WFC: 29.37 +1.10%).

In the eight days after Lehman’s bankruptcy, depositors pulled $16.7 billion out of Washington Mutual, according to the report.

WaMu had been the subject of concern for some time because of its poor mortgage-underwriting standards and exposures to payment-option adjustable-rate mortgages, according to the report. Moody’s rated its senior unsecured debt junk on Sept. 11, 2008.

The government seized the bank on Sept. 25, 2008. FDIC officials told the FCIC that they had known in advance of WaMu’s troubles and thus had time to arrange the transaction with JPMorgan.

Dimon said that his bank was already examining WaMu’s assets when FDIC Chairman Sheila Bair called and asked, “Would you be prepared to bid on WaMu?” “I said yes we would,” Dimon told the FCIC. “She called me up literally the next day and said — ‘It’s yours.’ … I thought there was another bidder, by the way, the whole time, otherwise I would have bid a dollar—not ($1.9 billion), but we wanted to win,” according to a recount of the conversation in the FCIC report.

“The FDIC insurance fund came out of the WaMu bankruptcy whole. So did the uninsured depositors, and (of course) the insured depositors. But the FDIC never contemplated using FDIC funds to protect unsecured creditors, which it could have done by invoking the 'systemic risk exception' under the FDIC Improvement Act,” the report said.

WaMu’s failure created panic among the unsecured creditors of other struggling banks, particularly Wachovia. But Bair stood behind the decision not to invoke the “systemic risk exception,” according to the report, as did the Federal Reserve. “I absolutely do think that was the right decision,” she said, according to the report. “WaMu was not a well-run institution.” She also said she thought the resolution of the thrift was “successful.”

But Treasury officials felt differently when interviewed by the FCIC, according to the report.

“We were saying that’s great, we can all be tough, and we can be so tough that we plunge the financial system into the Great Depression,” Treasury’s Neel Kashkari told the FCIC. “And so, I think, in my judgment that was a mistake. . . . [A]t that time, the economy was in such a perilous state, it was like playing with fire.”

Write to Kerry Curry.

Follow her @communicatorKLC.

Friday, January 28th, 2011

Prepayment speeds rose across all loan types backing residential mortgage-backed securities in January, according to analysts at the Royal Bank of Scotland.

Prepayment speeds are the average rate at which mortgage holders are expected to pay off the loan ahead of schedule. One risk MBS investors hold is that too many borrowers will pay ahead of time, cutting off investors from future coupon payments.

On prime loans, prepayment speeds increased by 10 basis points on the 2005 vintage of loans from December to January and 9 bps on the 2004 vintage.

Meanwhile, speeds on option-ARM loans came in flat. Alt-A and subprime vintages had mixed prepayment speeds, but were overall slightly higher than the previous month.

"Given that mortgage rates have risen since mid-November, this month’s increase in prime speeds largely reflects the increase in day count (22 in January versus 20 in December)," RBS said.

Write to Jon Prior.

Follow him on Twitter: @JonAPrior

Friday, January 28th, 2011

Jones Lang LaSalle (JLL: 75.09 -0.29%) is entering the multifamily mortgage lending and servicing space through the acquisition of Atlanta-based Primary Capital Advisors.

Although the total price of the deal was not publicly disclosed, it does include the transfer of a $2 billion loan servicing platform that Jones Lang LaSalle plans to expand nationwide. The firm will now be able to operate as a Freddie Mac Program Plus Seller/Servicer because of the acquisition.

The acquisition is expected to close during the first quarter of 2011.

"We are focused on building an industry-leading capital markets business with a strong foothold in the multifamily business throughout the Americas," said Jay Koster, president of Jones Lang LaSalle's Americas capital markets business. "With our new servicing capabilities, we will increase our competitive position, and can now offer more customized responses to borrowers’ and lenders’ needs."

Under the terms of the deal, Primary Capital co-founder Faron Thompson will lead Jones Lang LaSalle's new multifamily lending initiative. He will also govern the firm's commercial loan servicing platform and the Freddie Mac Program Plus Seller/Servicer platform.

Primary Capital's managing director, John Bray, will also join the Jones Lang LaSalle team. William Pendleton, Primary Capital founder, president and CEO, will serve as a senior advisor to Jones Lang LaSalle, focusing on client and lender relations.

“We’re pleased to add Bill, Faron, and John and their team to our Capital Markets business and to our strong Atlanta team," commented Clark Gore, Atlanta market director for Jones Lang LaSalle. "The Primary Capital team is a very well respected group of professionals and our new colleagues will bring a new dynamic to the local and national business that will benefit our client base."

Primary Capital Advisors is a real estate investment advisory firm specializing in debt, equity and investment sales. Jones Lang LaSalle is financial and professional services firm specializing in real estate.

Write to Christine Ricciardi.

Follow her on Twitter @HWnewbieCR.

Disclosure: The author holds no relevant investments.

Friday, January 28th, 2011

The Department of Housing and Urban Development allocated $135 million to help unemployed Texans with their mortgage payments through a new program, the most of any state.

On Tuesday, HousingWire reported that HUD would release $1 billion through its Emergency Homeowner Loan Program sometime this spring after receiving complaints from lawmakers and advocacy groups that it was overdue. Eligible borrowers can receive up to $50,000 at a 0% interest rate that can help homeowners with their mortgage payments for up to 24 months.

Behind Texas, New York will receive the second most funds at $111.6 million, followed by Pennsylvania with $105 million and Massachusetts at $61 million.

HUD said there will be a dual delivery approach to administrating the program. First, HUD will designate fund through the third parties and then it will enable state housing finance agencies (HFAs) that operate similar programs with different funding, such as the Treasury Department's Hardest Hit Fund. The arrangements should be in place by the end of January.

HUD said the total amount of allocation per state was based on the approximate share of unemployed homeowners with a mortgage.

Eligibility requirements were also clarified. A homeowner cannot have an income equal to, or less than, 120% of the area's median income. Homeowners must have also had income cut by at least 15%, and they must be at least three months delinquent on the mortgage and have received a notification with from the lender with an intent to foreclose.

HUD added that a homeowner must have "a reasonable likelihood of being able to resume repayment of the first mortgage obligations" within two years.

Those who ultimately receive funding can have their payments phased out if their income gains back any of the 15% lost or if the homeowner sells the home or refinances the mortgage.

A HUD panel is currently reviewing those submissions with the goal of announcing decisions concerning substantially similar state programs early in 2011.

Write to Jon Prior.

Follow him on Twitter: @JonAPrior

Friday, January 28th, 2011

BankUnited Inc.'s (BKU: 23.53 +0.43%) initial public offering was so well received this week that the Miami-based bank sold 3 million more common shares than was expected at a price that was a few dollars higher than analysts estimated.

All told, the bank, which is owned by investors including WL Ross & Co., Blackstone Group and Carlyle Group, sold 29 million shares at $27 each. It's estimated the private-equity investors are looking at $675 million in proceeds from the IPO, which had an expected price range of $23 to $25.

Morgan Stanley (MS: 18.08 -0.39%), Bank of America (BAC: 7.2599 -0.55%), Goldman Sachs (GS: 109.65 +1.00%), and Deutsche Bank (DB: 44.03 +1.45%) led the offering, proceeds of which will fund general corporate purposes, including acquisitions.

Federal regulators closed the former BankUnited in May 2009. Then the investors purchased the bank from the Federal Insurance Deposit Corp. and took the same name of the shuttered entity.

Write to Jason Philyaw.

Friday, January 28th, 2011

Fidelity National Financial (FNF: 18.31 +0.33%) earned $130.8 million, or 58 cents a share, in the fourth quarter, up from $69.3 million, or 30 cents a share, in the year-ago period as rebounding title insurance revenue boosted earnings.

Revenue was $1.61 billion for the fourth quarter, up from $1.46 billion in the comparable quarter of 2009.

"The title insurance business experienced strong refinance volumes due to the low mortgage interest rate environment, and we continued to closely manage our expense levels, producing our strongest title earnings and pre-tax margin in a number of years," said Chairman William Foley II. "The fourth quarter was particularly strong with a 13.8% pretax margin."

The provider of title insurance, mortgage services, specialty insurance and information services saw earnings in the title group rise to $207.2 million, up from $110.8 million a year earlier, in fourth-quarter earnings that beat analyst expectations.

“Quarterly title and escrow revenue was up 9% on a year-over-year basis, and the combined ratio for title operations came in at a solid 90%,” said Morningstar analysts. “The consolidated operating margin was an impressive 14%, validating the expense control that management has implemented over the past few years. Book value per share ended the year at $15.39, up from $14.53 at the end of 2009.”

For the full year, Fidelity earned $370.1 million, or $1.61 per share, up from $222.3 million, or 97 cents a share, in 2009. Full-year revenue in 2010 was $5.74 billion, down from $5.83 in 2009.

Fidelity repurchased 6 million shares of its stock at a significant discount to year-end book value during the quarter, an action that Morningstar said "bodes well for shareholders."

Write to Kerry Curry.

Follow her on Twitter @communicatorKLC.

Friday, January 28th, 2011

Fannie Mae's and Freddie Mac's effort to challenge the quality of the riskiest mortgage bonds they own is proving a tough slog despite the power of their federal regulator, according to sources close to the banks and regulator.

Nothing has been heard from the regulator, the Federal Housing Finance Agency, on 64 subpoenas it issued banks in July for detailed information on subprime and other Wall Street mortgage bonds purchased by the U.S. home loan giants at the peak of the housing market.

Friday, January 28th, 2011

House Republicans introduced a bill this week that would repeal the Home Affordable Modification Program.

The bill was introduced by Reps. Jim Jordan (R-Ohio), Darrell Issa (R-Calif.) and Patrick McHenry (R-N.C.), who cited yet another report from government watchdogs about the program's underwhelming performance.

The Treasury Department introduced HAMP in March 2009 allocating nearly $50 billion in incentive payments to servicers, borrowers and investors for modifying mortgages on the verge of foreclosure. Through December, servicers have modified more than 579,000 loans, well short of the 3 million to 4 million the Obama administration targeted. In December, the Congressional Oversight Panel estimated the program ultimately will reach between 700,000 and 800,000 borrowers.

If the bill passes, the Treasury will be unable to provide assistance under HAMP, which was authorized under the Emergency Economic Stabilization Act of 2008. The bill also would terminate all contracts between the servicers and the Treasury.

"HAMP is a colossal failure," Jordan, co-sponsor of the bill and chair of the oversight subcommittee on Regulatory Affairs, Stimulus Oversight and Government Spending said. "In many cases, it has hurt the very people it promised to help. It’s one more example of why government interference in the private sector doesn’t work and that’s why it should be repealed."

The GOP has filed a series of bills that attempt to unwind many of the administration's efforts to fix the mortgage markets. Rep. Michele Bachmann (R-Minn.) introduced a bill in January to repeal Dodd-Frank, and Sen. Rand Paul (R-Ky.) introduced a bill that would stop funding for the Department of Housing and Urban Development.

The Treasury did not have a comment on the HAMP bill. But in a House Financial Services Committee hearing Thursday, Tim Massad, the acting assistant secretary for financial stability at the Treasury said cutting HAMP would be a bad idea.

"I don't think we should just go cold turkey," Massad said. "That's why I would disagree with some of the comments that have been made that because HAMP has not achieved 3 million to 4 million modifications that therefore we should end it. I don't think that makes sense. I think this program can still help a lot of people. I think it's constructed so that we only use taxpayer funds prudently and wisely, to the extent that we do help people."

The Special Inspector General for the Troubled Asset Relief Program released a report this week calling HAMP's failures "devastating." But in the hearing Thursday, Neil Barofsky, who heads up SIGTARP, agreed with Massad and called for an adjustment to the program rather than an elimination.

"You know, TARP was designed in part, just as much to help the Wall Street banks as to help struggling homeowners. That was part of the intent of the legislation. And I think Treasury bears an important responsibility to fulfill that goal that Congress set forth," Barofsky said. "I would like to see a credible revamp of HAMP."

Write to Jon Prior.

Follow him on Twitter: @JonAPrior

Friday, January 28th, 2011

Whether or not a loan backing a commercial mortgage-backed security is paid off once it matures can be gauged by how much the investor is owed on the debt, according to a study from analytics firm Trepp.

Trepp broke down the eventual fate of the $30.2 billion in CMBS loans that were due to pay off in 2010. It found "a tight correlation between a loan's debt yield and the likelihood that a loan would pay off."

Analysts found that 28% of the loans with yields of 8% or less managed to pay off. That increased to 43% of loans with debt yields between 8% and 10%, and ballooned to 75% of loans with debt yield higher than 14%.

Investors would be keen to watch the patterns as more loans are coming due in the years to come. According to Fitch Ratings, $22.5 billion in CMBS loans are set to mature in 2011, but 30% of them failed its refinancing test.

And Deloitte Financial Advisory Services reported that more than $1.5 trillion in commercial loans, not necessarily tied to CMBS, will mature by 2014, and the means to finance are all but nonexistent.

Write to Jon Prior.

Follow him on Twitter: @JonAPrior

Friday, January 28th, 2011

MetLife Inc. (MET: 34.6991 +0.58%) originated more than $8 billion in commercial mortgage loans through its real estate investments department last year, as the company's $38 billion commercial portfolio "continued to perform well."

The company reported a number of completed real estate transactions with loans exceeding $175 million. MetLife originated a $207 million first mortgage for a 32-story office building as well as a $180 million first mortgage at a five-year adjustable-rate for a 44-story office building, both in midtown Manhattan.

In Chicago, the firm funded a $350 million five-year ARM for a 60-story, 1.3 million square foot office building located on the north bank of the Chicago River. Heritage Plaza in Houston's central business district received a $200 million first mortgage at a 12-year fixed interest rate. The office building has 1.09 million square feet and 53 stories.

In San Diego, MetLife jointly funded a $475 million mortgage for an open-air mall. The company contributed $275 million to the deal, which has a 10-year fixed-rate mortgage.

"We remain optimistic with respect to the market fundamentals going into 2011 and continue to see good opportunities for investment," said Robert Merck, senior managing director and head of real estate investments for MetLife. "We expect another strong year in 2011 for originating commercial mortgage loans."

On Thursday, Moody's Investor Service gave its 2011 outlook for commercial mortgage-backed securities, anticipating a stronger year than the last three. Hotel and multifamily properties are expected to continue a healthy recovery while other sectors will lag a bit. Regardless all outlooks remain positive.

"Office, retail and industrial market fundamentals will start to form a bottom in 2011, with a strong rebound not expected until 2012," Moody's said.

Write to Christine Ricciardi.

Follow her on Twitter @HWnewbieCR.

Disclosure: The author holds no relevant investments.



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