RSS Twitter

Archive for January, 2011

Tuesday, January 25th, 2011

Data firm Radar Logic and consultant Capital Economics said Tuesday that they expect home prices to decline further this year.

Their analysis comes in the wake of Tuesday's The S&P/Case-Shiller composite home price index, which fell 1.6% from a year ago and 1% month-over-month. Prices on homes with mortgages backed by the federal government were unchanged during the same time period, according to the Federal Housing Finance Administration.

"Notwithstanding the deceleration in the rate of home prices, we believe that home prices will continue to weaken on a month-over-month basis until spring, and a year-over-year basis through the end of 2011," the Radar Logic said.

Radar Logic made a similar assessment when it released its RPX composite price index last week, which showed a 0.3% increase in home prices from October to November.

Research firm Capital Economics also forecasts a price drop. The firm predicts a 5% drop by the end of 2011.

"That will send more homeowners into negative equity and constrain consumption growth," Capital Economics said.

Radar Logic said home prices will not recover on a yearly comparative basis until the market supply of homes shrinks; however, it does see prices moderately improving as the homebuying season picks up in March and April.

Prices "will remain below levels at the same time of year during 2010," Radar Logic said. "If home prices improve due to a seasonal uptick in demand in March or April, the improvement likely will be reflected in RPX prices published in May or June."

Write to Christine Ricciardi.

Follow her on Twitter @HWnewbieCR.

Tuesday, January 25th, 2011

Notices of default, the first step in the California foreclosure process, dropped 17.5% in the fourth from the year before, but the decline may not have come from borrowers improving their financial situation, real estate data provider DataQuick said.

Lenders recorded 69,799 NODs at California county offices in the fourth quarter, down from more than 84,000 in the fourth quarter of 2009 and the lowest level since the second quarter of 2007.

"We don’t know how much of the decline is due to less household financial distress, and how much is due to shifts in lender and servicer foreclosure policies," DataQuick President John Walsh said. "The level of default activity would certainly be higher if it weren’t for alternative strategies such as short sales, or even lengthening grace periods."

American Banker reported this week that several lawsuits brought by homeowners contend that notices of default completed in nonjudicial states were done improperly. CNBC reported Tuesday that major lenders halted recording NODs to correct the problem.

However, a Bank of America (BAC: 7.255 -0.62%) spokesman told HousingWire that the delay was part of the overall foreclosure moratorium it began in October when employees were found to be signing affidavits improperly in states where the foreclosure process takes place in courts. It has since begun recording NODs as it begins to restart the foreclosure process nationwide during the first quarter of 2011.

"The foreclosure process was restarted after a review of procedures including notices of default in nonjudicial states. Moving through the foreclosure backlog is a critical step to restoring the housing market and the nation’s economy," the BofA spokesman said.

A source at JPMorgan Chase (JPM: 37.3901 -0.27%) said the bank had stopped recording NODs in some states, but not in California. It, too, has begun resubmitting documentation nationwide. Wells Fargo (WFC: 29.3675 +1.09%) and Citigroup (C: 30.55 +0.56%) had to refile foreclosure affidavits as well. A spokesman for Citi said the bank "continuously reviews policies and procedures," but no decisions on its NOD process has been made, yet. Wells told HousingWire that it never stopped issuing notices of default.

More than half of the homes in California that received an NOD in the last 18 months have been foreclosed on or sold through a short sale. The status of the other half isn't clear, DataQuick said, but they should be in the modification or short sale process.

"The institutions that hold these loans in their portfolios will do whatever it takes to lessen their losses, including waiting," Walsh said. "An additional factor is all the turbulence when it comes to the formalities of the foreclosure process."

Write to Jon Prior.

Follow him on Twitter: @JonAPrior

Tuesday, January 25th, 2011

Mark-to-market accounting won't be required for loans and other financial assets as proposed last May.

Earlier Tuesday, the Financial Accounting Standards Board reversed course and voted to approve a measure that allows companies to account for assets at their amortized cost rather than their fair value that is based on market prices.

The American Bankers Association lauded the decision. In August, the ABA sent a letter to the rule makers saying the changes would increase the complexity of financial statements and make regulation more difficult.

"Along with banking investment analysts and other stakeholders, ABA has worked tirelessly to educate accounting rule-makers about the destructive implications of expanding mark-to-market accounting to all financial instruments, including loans" ABA President and Chief Executive Frank Keating said Tuesday.

FASB didn't immediately respond to an email for comment. Although a handful of reports quoted spokesman Neal McGarity saying "today's vote is really a strong result of due process at work."

Keating, who is a former governor of Oklahoma, said the move greatly increases the likely convergence of American accounting standards with International Financial Reporting Standards.

"Today’s shift recognizes investor concerns that a company’s business model should be a key factor in measuring financial instruments," he said. "While mark-to-market can be very useful for a business that trades financial instruments, the most appropriate accounting measure for a loan portfolio is the loan balance minus impairment."

Tuesday's vote is preliminary and the final decision is expected this summer.

Write to Jason Philyaw.

Tuesday, January 25th, 2011

The Treasury Department is delaying a report on the future of the government-sponsored enterprises from the end of January until mid-February.

Meanwhile, Moody's Investors Service is throwing its hat into the ring, arguing that the current model is not only unsustainable, but against government vision.

Residential mortgage analysts at the rating agency say that keeping Fannie Mae and Freddie Mac in the current manifestation would create two scenarios. And both are not good.

"If the GSE model is to be preserved, the companies would require far more capital and the risk premia on their debt would likely be much higher," write the analysts in a report Tuesday.

"This would, in turn, necessitate either significantly higher mortgage rates, in contradiction of the government’s first policy objective of providing affordable housing financing," they continue, "or require much more financial backing from the government, defeating the second, fiscal objective of maximizing private-sector participation in the $5 trillion GSE mortgage market in order to reduce the risk of taxpayer bailouts."

The report quotes Federal Housing Finance Agency figures that show Fannie may end up owing the U.S. government between $14.7 billion and $23.2 billion in annual preferred dividends — even though the company has never earned more than $8.1 billion.

Freddie may be on the hook for up to $10.4 billion to the Treasury. Freddie's highest yearly earning was in 2002, when the GSE posted $7.1 billion in profits.

"Clearly, the failure of the GSEs’ financial model, including their inability to service their preferred dividends over the longer term, mean that reform must occur at some point," they add.

Moody's is maintaining its stable rating on the GSEs and predicts a window of 12 to 18 months for reform.

"Although there are many directions GSE reform could take, we believe the likely path will result in the U.S. government supporting the senior obligations issued by the GSEs prior to the implementation of reform through their final maturities," they conclude, "as well as the continuance of the effective credit substitution of the U.S. sovereign rating for these instruments."

Write to Jacob Gaffney.

Follow him on Twitter @JacobGaffney.

Tuesday, January 25th, 2011

Fannie Mae and Freddie Mac combined paid nearly $50 million in legal fees to foreclosure law firms that are now under investigation by the Florida attorney general for possible malpractices, according to data sent to HousingWire by U.S. Rep. Randy Neugebauer (R-TX).

Neugebauer, chairman of the House financial services subcommittee on oversight and investigations, launched an investigation into the legal fees paid for by Fannie Mae and Freddie Mac in defense of officials who led the organizations before and during the financial crisis. The New York Times obtained the information on Monday.

Since the two government-sponsored enterprises were taken into conservatorship in September 2008, they have spent a combined $410.7 million in legal fees alone with $148 million from Fannie and $59 million from Freddie. By comparison, Fannie and Freddie spent $120.8 million in legal fees in the four years leading up to conservatorship.

When employees at major mortgage servicers were found to be signing foreclosure affidavits en masse and without a proper review of the documentation last October, many law firms were ensnared in the robo-signing scandal as well.

Fannie, Freddie and Citigroup (C: 30.55 +0.56%) pulled business away from the Law Firm of David J. Stern after it and three others in the state – the Law Office of Marshall C. Watson in Fort Lauderdale, Shapiro & Fishman in Boca Raton, and the Florida Default Law Group in Tampa – came under investigation from then Florida AG Bill McCollum.

Freddie had spent $46 million and Fannie spent $2.2 million in legal fees to Florida firms. A spokesman for Neugebauer's office said the investigation did break down which firms got what, but that the numbers were not immediately available.

Since conservatorship, Fannie paid $24 million in legal fees in defense for former CEO Frank Raines ($7.9 million), former Chief Financial Officer Tim Howard ($4.5 million) and former Controller Leanne Spencer ($11.8 million), according to the data.

Neugebauer said he plans to investigate other activities occurring within Fannie Mae and Freddie Mac that could cost taxpayers.

"This drain on the American taxpayer must be plugged as quickly as possible," Neugebauer said.

Fannie and Freddie did not immediately reply to requests for comment.

Write to Jon Prior.

Follow him on Twitter: @JonAPrior

Tuesday, January 25th, 2011

As the paintball game speeds up and all major players dodge faster to avoid designation as bearers of systemic risk, let's not get fixated on "too big to fail" as the past or future cause of the disaster.

There is something worse than "too big to fail," namely, "too few to compete." The rating agencies, for instance, were not too big to fail — but they were too few to compete. The same is true for mortgage servicing.

Tuesday, January 25th, 2011

Total Mortgage Services named Lisa Schreiber executive vice president of TMS Funding to lead the firm's nationwide expansion into the wholesale lending channel.

In her new position, Schreiber is responsible for defining and implementing the company's vision, strategy and day-to-day execution with regard to the wholesale division. She is based at TMS headquarters in Milford, Conn., and reports to John Walsh, president of the firm.

"Lisa's results-oriented management style and deep industry knowledge will be invaluable as she drives our national expansion and generates industry-leading service to the mortgage broker community as well as operational and financial efficiency at TMS Funding," Walsh said.

Schreiber has served in numerous positions with firms throughout the mortgage industry. Most recently, she was chief strategy officer at mortgage bank NetMore America. Prior to that, Schreiber was executive vice president of American Broker Conduit and regional vice president at Bank of America Mortgage, focusing on the Southeast.

"I am extremely excited about becoming part of the Total Mortgage team," she said.

TMS is a mortgage lender licensed in 21 states. Since 1997, when the firm was founded, TMS has funded more than $6 billion in mortgage loans.

Write to Christine Ricciardi.

Follow her on Twitter @HWnewbieCR.

Tuesday, January 25th, 2011

In what it refers to as a "milestone," the firm that operates the Federal Reserve-approved global credit default swap clearinghouses is now past $15 trillion in cumulative gross notional value.

IntercontinentalExchange Inc. (ICE: 116.67 -0.66%) received special exemptions from the Securities and Exchange Commission in March 2009 to begin reducing risk in trading credit default swaps, a derivatives tool.

ICE clocked more than 400,000 transactions during the week ending Jan. 21. Members of ICE include several of the biggest banks in the U.S., Europe and Japan. Credit default swaps were once a popular form of credit enhancement for securitized products. The derivatives bespoke agreements between two parties, one ensuring that its securitized product is strong credit-wise, the other insuring that security against risk of default. The notional value represents an estimation of what the underlying assets are worth.

The market for these swaps reached more than $60 billion in notional value during its height in 2007. One of the largest providers of CDS was American International Group, or AIG.

IRA's Christopher Whalen maintains that "for years, AIG has used what seems to be a Ponzi scheme of credit default swaps, side letters and overt reinsurance claims to generate revenue, but all the while concealing the true nature of the total liabilities facing the company."

After the economy collapsed, so did the CDS market, but the the swaps themselves remain.

"In a little less than two years, ICE and its clearing members have made substantial progress toward increasing stability and transparency in the CDS market, and in reducing systemic risk globally," said Scott Hill, CFO of the global company. "This is a significant achievement, and we'll look to build on it in 2011 with the expansion of our products and services."

ICE's North American CDS clearinghouse, the ICE Trust, crossed $9 trillion in gross notional cleared, resulting in cumulative open interest of $542 billion. ICE Trust has cleared $8.4 trillion in North American CDS indices (CDX) and $636 billion in single-name CDS.

ICE Trust expects to offer single-name buyside clearing in 2011.

Write to Jacob Gaffney.

Follow him on Twitter @JacobGaffney.

The author holds no relevant investments.

Tuesday, January 25th, 2011

Residential mortgage origination will fall short of $1 trillion in 2011, dropping to levels last seen about 15 years ago, according to one market research firm.

iEmergent expects mortgage loan purchase volume plus refinancings of between $903.8 billion and $990.7 billion this year.

"Expect total volume to move toward the lower end of the range if mortgage rates rise and the refinance spigot shuts off during the first half of the year," said Dennis Hedlund, president of the Iowa-based firm.

iEmergent expects the total number of refinancings to decline by nearly one-third this year with a corresponding drop in dollar volume of 29%. The company also projects slow growth in the housing market for 2012 through 2015.

"No one wants to hear about crippled communities and dire housing situations. We'd rather not forecast a floundering home financing depression, either. But we believe that those who trumpet a burgeoning housing recovery for 2011 are grasping at very elusive straws," Hedlund said. (Click chart to expand.)

iEmergent also projects slow growth in the housing market for 2012 through 2015.

While the number of purchases is projected to be flat with 2010 at about 2,620, the total dollar amount is expected to dip 0.4% from last year's estimated $493.2 billion to $490.9 billion, according to iEmergent.

The firm also expects average loan size to decline in 2011, due to continued declines in housing prices "caused by high for-sale inventory levels, recalcitrant overhang, weak homebuyer demand, the shadow inventory of impending foreclosures, and tighter product, down payment and credit standards."

iEmergent said Fannie Mae, Freddie Mac and the Mortgage Bankers Association "offer slightly rosier futures" with their projections for 2011 home loan originations. But the estimates these "industry oracles" have put forth for each year between 2004 and 2009 were consistently high by an average of more than 30% compared to volumes eventually reported by lenders, the research firm said.

Hedlund said the robo-signing debacle of the past few months has severely damaged the reputation of the entire banking and mortgage lending industries. And demand is too weak despite rates at generational lows and falling home prices.

"The result: An angry American public that likes banks and bankers less than they like the TSA," he said. "The U.S. will remain in the throes of a real estate collapse that will take years to repair."

iEmergent has been projecting mortgage volume declines consistently for the past few years.

Write to Jason Philyaw.

Tuesday, January 25th, 2011

Former Bear Stearns mortgage executives who now run mortgage divisions of Goldman Sachs, Bank of America, and Ally Financial have been accused of cheating and defrauding investors through the mortgage securities they created and sold while at Bear. According to e-mails and internal audits, JPMorgan had known about this fraud since the spring of 2008, but hid it from the public eye through legal maneuvering. Last week a lawsuit filed in 2008 by mortgage insurer Ambac Assurance Corp against Bear Stearns and JPMorgan was unsealed. The lawsuit's supporting e-mails, going back as far as 2005, highlight Bear traders telling their superiors they were selling investors like Ambac a "sack of shit."



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 »