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Archive for January, 2011

Wednesday, January 26th, 2011

The Federal Housing Administration terminated agreements with 15 originators and seven underwriters approved for mortgage insurance from the Department of Housing and Urban Development, according to a recent Federal Register.

HUD has the right to relinquish federal backing to mortgagees that have a default and claim rate exceeding both the national average and 200% of the average default and claim rate in the pertinent geographic area. HUD also has the right to terminate underwriters under the same criteria, however, the default and claim rate must be above 250% of the geographic average.

The FHA pulled HUD approval from the following mortgage companies:

  • Access Mortgage Services Inc. of Woodbridge, N.J.
  • Equity Source Home Loans of Lakewood and Morganville, N.J.
  • Valor Financial Services of Rolling Meadows, Ill.
  • Metro Finance Corp. of Aurora, Ill.
  • Benefit Funding Corp. of Beltsville, Md.
  • Equitable Trust Mortgage Corp. of Baltimore
  • Birmingham Bancorp Mortgage Corp. of West Bloomberg, Mich.
  • MVB Mortgage Corp. of Southfield, Mich.
  • Moncor Inc. of Wheat Ridge, Colo.
  • Homeland Lending Inc. of Plant City, Fla.
  • Freedom Mortgage Corp. of Fishers, Ind.
  • Dedicated Mortgage Associates of Hudson, N.H.
  • Anchor Mortgage of Las Vegas
  • Signature One Mortgage of Las Vegas
  • First Performance Mortgage Corp. of Bessemer, Ala.

Birmingham Bancorp Mortgage Corp. and MVB Mortgage Corp. also had their direct endorsement approval, which pertains to underwriting, revoked. Other underwriters who had their direct endorsement approvals revoked include CMG Mortgage Inc. (San Ramon, Calif.), NTFN Inc. (Plano, Texas), Pine State Mortgage Corp. (Atlanta), Popular Mortgage Corp. (Hialeah, Fla.), and Universal Mortgage Corp. (Mequon, Wis.). Universal was terminated in both the Indianapolis and Chicago jurisdictions under HUD.

HUD monitors companies that receive federal funding and frequently assesses them. The above mortgagees were terminated on the basis of their portfolio performance over the last 24 months. The agency said mortgagees may apply for reinstatement of either origination or direct endorsement approval after six months.

Write to Christine Ricciardi.

Follow her on Twitter @HWnewbieCR.

Wednesday, January 26th, 2011

Mortgage servicers modified 30,030 troubled loans through the Home Affordable Modification Program in December, only a slight uptick from the month before and still underwhelming to the program's largest watchdog.

The Treasury Department launched HAMP in March 2009 to provide mortgage servicers an incentive to modify mortgages on the verge of foreclosure. The Obama administration set an early goal of reaching between 3 million and 4 million homeowners with the program, but through December 2010, servicers have started 579,659 permanent modifications and offered roughly 1.7 million three-month trials.

Treasury originally set aside roughly $46 billion in Troubled Asset Relief Program funds for HAMP, but, according to the Congressional Budget Office, it has spent only $12 billion in payouts to servicers and homeowners.

The Special Inspector General for TARP said in a report released Tuesday that after two years, many of HAMP's goals have been largely unmet.

"It is TARP’s failure to realize its most specific Main Street goal, 'preserving homeownership,' that has had perhaps the most devastating consequences," according to SIGTARP. "Treasury’s central foreclosure prevention effort designed to address that goal — the Home Affordable Modification Program— has been beset by problems from the outset and, despite frequent retooling, continues to fall dramatically short of any meaningful standard of success."

When the program first launched, servicers swept borrowers into trial modifications without gathering the proper financial documentation. What resulted was a backlog of trials lasting more than six months. The Treasury then issued new guidance at the start of 2010 requiring that servicers gather the documentation before moving borrowers into a trial. Conversions into permanent status began to ramp up, increasing 45% since June 2010 and the backlog was pared down to below 40,000 as of December.

Meanwhile servicers say documentation continues to be elusive. ResCap CEO Tom Marano, while speaking at the Mortgage Bankers Association summit last week, said getting the borrower to fill out the necessary financial documents for HAMP is the "biggest friction point" to the program's success.

Still, the Congressional Oversight Panel, another overseer of TARP funds, estimated in December that HAMP would eventually provide between 700,000 and 800,000 permanent modifications.

The Treasury defends the program, highlighting not the eventual numbers but HAMP's ability to provide a nationwide standard for how modifications are to be done.

The private-sector alliance of mortgage servicers, known as Hope Now, completed 82,000 modifications through their proprietary programs in November, more than triple the amount of HAMP mods.

While Treasury has said it lacks any ability to discipline mortgage servicers for their performance in a voluntary program, SIGTARP echoed the frustrations of many with HAMP, even opining as to why regulators issued no punishment for the program's "abysmal" numbers.

"Treasury’s reaction to servicer noncompliance with the requirements of HAMP and its related programs appears to be driven largely by the fear that forcing servicers to comply with their contractual obligations will drive them away from HAMP," SIGTARP said. "Despite nearly daily accounts of errors and more serious misconduct, Treasury reports that it has yet to impose a financial penalty on, or claw back incentives from, a single servicer for any reason other than failure to provide data."

Write to Jon Prior.

Follow him on Twitter: @JonAPrior

Wednesday, January 26th, 2011

BOK Financial Corp.'s (BOKF: 56.17 +0.04%) fourth-quarter income rose 38%, helped by increases in fee-based businesses.

The Tulsa, Okla.-based financial services company earned $58.8 million, or 86 cents a share, up from $42.8 million, or 63 cents a share, a year earlier. Provisions for loan losses for the three months ended Dec. 31 declined to $7 million from $48.6 million in 2009.

Fourth-quarter revenue climbed 3.5% to $111.9 million from about $108.2 million a year earlier.

"Low interest rates and continued soft commercial loan demand did challenge net interest revenue during the quarter, but our fee-based business lines continued to grow," President and Chief Executive Stan Lybarger said. "We exited 2010 with annual earnings in excess of levels seen before the recession and with strong capital resources to take advantage of an improving economy in 2011."

Interest revenue for the quarter fell to $163.7 million from $184.5 million, as cash flows from the securities portfolio rose in the second half of the year. Prepayments spiked as interest rates declined, resulting in portfolio reinvestment at lower rates.

BOK Financial lowered fourth-quarter nonperforming assets to $394.5 million from $484.3 million a year earlier. Real estate and other repossessed assets at Dec. 31 totaled $141 million.

Year revenue fell nearly 5.7% to $520.9 million from nearly $493 million a year earlier. Income for the full year rose to $246.8 million, or $3.61 a share, from $200.6 million, or $2.96 a share, for 2009.

Lybarger said 2010 earnings were the highest in the 100-year history of the company. He said diversified sources of fee and commission revenue grew $36 million in 2010, and the company’s mortgage banking division originated nearly $2.8 billion in new loans during the year while the portfolio of mortgage loans serviced rose more than 70% from a year earlier.

BOK Financial ended the year with total assets of $23.94 billion and total deposits of $17.2 billion.

Write to Jason Philyaw.

Wednesday, January 26th, 2011

If and when the U.S. government orchestrates another large bailout for the financial industry, the Treasury Department says there are key aspects it will change to past actions to avoid repeating mistakes.

Darrell Issa (R-Calif.), the new chairman of the House Oversight and Government Reform Committee, kicked of his term with their first meeting Wednesday on the Troubled Asset Relief Program.

TARP, which was created under the Bush administration in 2008, purchased distressed assets from financial institutions. It was once thought to cost taxpayers as much as $341 billion in August 2009, according to estimates from the Office of Management and Budget. That ultimate cost shrunk to a Congressional Budget Office estimate of $25 billion in November, after banks had repaid some of the funds to the government.

Nonetheless, the Special Inspector General for the Troubled Asset Relief Program report Tuesday highlighted some problems with the TARP approach to too-big-to-fail banks, among other things.

The Treasury agreed there were some problems with TARP.

"There are parts we would change about TARP," said Tim Massad, the acting assistant secretary for financial stability at the Treasury (pictured at the meeting below), adding some things they would "do over" if given the change.

The changes include a much greater dedication to transparency. Massad hinted that the taxpayer need not be kept so in the dark next time around. He also said that when TARP began, the Treasury Department was a weaker entity.

"Hopefully, under Dodd-Frank we (now) have the tools," Massad added.

Issa is looking to start off with a bang. His office is also expected to launch three investigations into the role financial institutions played in the Great Recession.

These will likely include the role of Fannie Mae and Freddie Mac in the foreclosure crisis, the effect on the economy of business regulations such as the new Dodd-Frank Act and the Financial Crisis Inquiry Commission's failure to identify the origins of the meltdown.

Write to Jacob Gaffney.

Follow him on Twitter @JacobGaffney.

Wednesday, January 26th, 2011

Sen. Rand Paul (R-Ky.) introduced a bill this week that would cut $500 billion in government spending by the end of 2011, and one of the many casualties is the Department of Housing and Urban Development.

According to the language in the bill, once ratified, all accounts and programs for HUD would be immediately defunded. It would also transfer all housing programs for veterans away from HUD and into the Department of Veteran's Affairs.

HUD's fiscal year 2010 budget totaled $43.7 billion, a 9% increase from 2009.

"By removing programs that are beyond the constitutional role of the federal government, such as education and housing, we are cutting nearly 40% of our projected deficit and removing the big-government bureaucrats who stand in the way of efficiency in our federal government," Paul said in a statement released Tuesday.

The bill is the latest in a Republican surge against spending on housing policy and Wall Street reform. Days after the new Congress convened, Rep. Michele Bachmann (R-Minn.) introduced a bill that would repeal the Dodd-Frank Act.

But housing alone is not the only cut in the bill. Paul proposes reductions in costs from the Environmental Protection Agency, the Department of Agriculture, the Departments of Energy and Education, and even defense. The bill cuts $14 billion in payments made to military personnel among other operations.

Neither HUD or Sen. Charles Shumer (D-N.Y.), a member of the Senate Banking, Housing and Urban Affairs Committee immediately replied to requests for comment.

Paul said the bill rolls back government spending to 2008 levels. He said 85% of government funding would remain intact.

"I am proud to introduce my own solution to the mounting debt our spendthrift, oversized government has accrued," Paul said.

Write to Jon Prior.

Follow him on Twitter: @JonAPrior

Wednesday, January 26th, 2011

Many people who sought help under a federal program created to keep them from losing their homes are instead getting saddled with huge, unexpected bills.

Thousands now face a stark choice: Go deeper into debt, or foreclosure.

Lenders routinely approved short-term "trial" loan modifications that reduced payments for desperate borrowers under the umbrella of the Obama administration's Home Affordable Modification Program. But lenders continued to count the mortgages as delinquent or in default.

Wednesday, January 26th, 2011

New sales of single-family homes rose 17.5% in December from a month earlier to the highest level since April when the homebuyer tax credit propped up the market.

The Commerce Department said the seasonally adjusted rate of 329,000 units last month was up from a downwardly revised 280,000 for November, yet still 7.6% below 356,000 a year earlier.

Analysts surveyed by Econoday expected December home sales to climb to 300,000 with a range of estimate between 276,000 and 320,000. A Briefing.com survey projected home sales to remain flat at 280,000.

The median sales price of new homes sold last month was $241,500 and the average price was $291,400. There were about 190,000 new houses for sale at Dec. 31, representing a supply of 6.9 months, according to the joint release from the Census Bureau and the Department of Housing and Urban Development. The new home supply is down from 8.4 months in November and at the lowest point since April.

The agencies estimate 321,000 new homes were sold in 2010, down 14.2% from 375,000 for 2009.

Earlier Wednesday, the Mortgage Bankers Association said its market composite index for mortgage applications fell 12.9% on a seasonally adjusted basis for the week ended Jan. 21, as refinancing activity declined 15.3%

Write to Jason Philyaw.

Wednesday, January 26th, 2011

The level of mortgage applications took a turn for the worse last week, as refinancing activity declined significantly.

The Mortgage Bankers Association said its market composite index decreased 12.9% on a seasonally adjusted basis for the week ended Jan. 21. Unadjusted, the index fell 12% from the prior week. The MBA said results don't include an adjustment for last Monday's Martin Luther King Jr. holiday.

After rising for three weeks, the number of refinancing applications fell 15.3% last week to the lowest point in 12 months, according to the MBA. And purchase applications didn't fare any better dropping 8.7% to the lowest point since October.

The unadjusted purchase index fell 3.1% from the prior week and was 20.8% lower than a year earlier.

In four-week moving averages, the market index is down 1%, with the purchase index off 3.7% and the refinance index down just 0.1%.

With the precipitous drop in refinancings last week, these loans accounted for 70.3% of all mortgage applications down from 73% the previous week. When interest rates hovered around 4% in the fall, refinancings were accounting for more than four-fifths of all mortgages.

The MBA said the average interest rate for a 30-year, fixed-rate mortgage rose to 4.8% last week from 4.77% the prior week. The average rate for a 15-year, fixed-rate mortgage fell to 4.12% from 4.16%.

Later Wednesday, the Commerce Department is set to report figures for new home sales. Analysts surveyed by Econoday expect an increase of about 3% to an annual rate of 300,000 units. New home sales hit a record low of 274,000 in July.

Write to Jason Philyaw.

Tuesday, January 25th, 2011

Institutions and their leaders that survived the financial crisis through government bailouts are encouraged to pursue the same sort of behavior that could trigger the next financial crisis, the Special Inspector General for the Troubled Asset Relief Program said in a report due to Congress Wednesday.

But even if regulators can successfully implement strong enough provisions under the Dodd-Frank Act to thwart companies growing "too big to fail," the ultimate success of the legislation will ultimately hinge on market perception, according to the report.

"As long as the relevant actors (executives, rating agencies, creditors and counterparties) believe there will be a bailout, the problems of “too big to fail” will almost certainly persist," SIGTARP said.

TARP, which was created under the Bush administration in 2008, was thought to cost taxpayers as much as $341 billion in August 2009, according to the estimates from the Office of Management and Budget. That ultimate cost shrunk to a Congressional Budget Office estimate of $25 billion in November 2010. SIGTARP even said the TARP may break even or profit on the American International Group's recapitalization plan.

Still, though, $160 billion in TARP funding has yet to be paid back, and the Fannie Mae and Freddie Mac price tag continues to grow.

SIGTARP said the bailout's most significant legacy will be the historic moral hazard and the "potentially disastrous" effects from institutions that continue to be "too big to fail."

Kansas City Federal Reserve Bank President Thomas Hoenig reported in December that the five largest financial institutions have grown 20% since TARP was enacted. Even more staggering, these companies control $8.6 trillion in financial assets, the equivalent to 60% of the gross domestic product.

Speaking before the Congressional Oversight Panel in June 2010, Treasury Department Secretary Timothy Geithner said the reforms passed in July will end "too big to fail." Dodd-Frank created a Financial Oversight Stability Council that gives regulators the ability to supervise and oversee any bank deemed a systemic risk to the economy.

Dodd-Frank also gives the Federal Deposit Insurance Corp. the authority to develop how these financial giants could be wound down. These "living wills" will be designed to assist in the orderly liquidation of any company that threatens the overall system.

"Thus far, the Dodd-Frank Act appears not to have solved the perception problem," SIGTARP concluded. "The largest institutions continue to enjoy access to cheaper credit based on the existence of the implicit government guarantee against failure. … The ultimate cost of TARP will remain unknown until the next financial crisis occurs."

Write to Jon Prior.

Follow him on Twitter: @JonAPrior

Tuesday, January 25th, 2011

So, we’re just a week away from the original deadline for the Treasury Department to offer up its bold plan for the future of Fannie Mae and Freddie Mac.

While a delay is expected, little will likely happen this year to the same government sponsored enterprises that turned the U.S. housing industry from a local partnership between bankers, builders and homebuyers into a global industry that ultimately cost U.S. taxpayers hundreds of billions of dollars.

Reading the opinions of the various pundits and observers in the trades and around the blogosphere, I can’t shake the feeling that I’m trapped on the set of one of a cable network’s sex in sandals shows. I can almost hear the coliseum crowd from here: death, Death, DEATH!

You can hardly blame the industry. For decades now, mortgage loan originators have been held hostage to companies that told them what they could sell, for what price and with what built-in fees after using what underwriting technology. And then, just to add insult to injury, these same originators were told which loans they had to buy back. Not the kind of partner you wish a long and happy life. And don’t even get me started on their relationships with the nation’s mortgage loan servicers.

I’ve said it before in this space, and at the risk of becoming boring, I feel compelled to point out that something happens to people when they become convinced that they have been trusted to make all the rules for the benefit of those of us who are for whatever reason incapable. It happens in every government agency and soon we’ll see it again with the new Consumer Financial Protection Bureau. But let’s stay on topic.

GSEs: live or die? Discuss!

Okay, then, what kind of death? It’s not like the industry is ready to attract non-government investors. Until we make it clear that an investor can recover from a borrower who decides to stop making payments, we stand little chance of getting anyone other than the government (i.e. an investor that’s used to spending $10 for every $1 of benefit). This means we’ll still need some vehicle for getting taxpayer money into the hands of good borrowers.

We need someone that has a long history of loaning to borrowers, preferably someone who has worked with borrowers who are a bit risky. Someone like, I don’t know, the Federal Housing Administration.

Okay, I know. This agency has been stretched all out of proportion when it became the de facto subprime lender for the industry. But it didn’t explode, or implode. Delinquencies rose, check engine lights came on, but the agency is still making loans.

Maybe we should throw a few billion into turning FHA into the way the government supports American homeowners. Beats throwing hundreds of millions into legal defense for former, former-GSE executives who are trying to explain in court how their conflict of interest between showing returns and fulfilling a charter sucked billions of dollars down a black hole.

In any event, we may well end up living in a GSE-free world, but our industry will still have a major government-backed investor in the game for a long, long time. I’d love to see your ideas hit my Twitter stream. If I get enough I’ll send them to Treasury for consideration (and throw a few quarters into the town’s wishing well while I’m at it).

Rick Grant is veteran journalist covering mortgage technology and the financial industry.

Follow him on Twitter: @NYRickGrant



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