RSS Twitter

Archive for February, 2011

Friday, February 18th, 2011

Securities and Exchange Commission Executive Director Diego Tomas Ruiz will leave the agency and return to the private sector.

Ruiz became the executive director in August 2006 to oversee the agency's strategy, policies and procedures. Ruiz follows several directors who have left the agency, which may be experiencing funding problems.

Rep. Barney Frank (D-Mass.) introduced a bill this week to provide an additional $131 million to the SEC as it takes on more responsibilities under Dodd-Frank.

"Diego has been a steady hand at the Commission over the last several years, and I have greatly valued his commitment and public service," SEC Chairman Mary Schapiro said. "He has provided guidance and counsel through challenging times at the agency and in the financial industry."

Before he joined the SEC, Ruiz was the deputy chief for strategy and policy at the Federal Communications Commission.

"The job of safeguarding the nation's financial markets is a high calling, and I am deeply grateful to the SEC's dedicated men and women for their tireless efforts, often under extraordinary pressure, on behalf of America's investors," Ruiz said.

Write to Jon Prior.

Follow him on Twitter: @JonAPrior

Friday, February 18th, 2011

Analysts at Barclays Capital believe many overestimate the amount of borrowers who strategically default on their mortgages.

Additionally, they said the trend of walking away from one's mortgage obligations has been reversing in recent quarters.

Though there is no universal definition, borrowers are considered to have strategically defaulted when they stop making mortgage payments even though they have the means to do so. Because no fiscally sound borrower would deliberately choose to walk away from a home while there was still equity in it, being underwater on the loan – meaning the home is worth less than what is owed on the mortgage – is a necessary requirement for strategic default, according to BarCap.

Analysts looked at loan-level data from Equifax and found 1.9 million loans with enough payment history to determine if the borrower strategically defaulted or not. They found that 8.4% of these mortgages, nearly 150,000 loans, were strategically defaulted on.

"Some studies routinely classify all borrowers who default on their mortgage obligation while continuing to service other debt as strategic," BarCap analysts said. "However, we classify them as non-strategic if the borrower chooses to default on just the mortgage, but there is clear evidence of extraneous economic shocks (income/payment shock)."

They broke down the definition into two types of strategic default: passive and active. Passive strategic defaulters walked away from the mortgage without any change in their ability to pay. These were 10 times more prominent than active defaulters, who took out a new mortgage before walking away from the old one. The loans are usually cash-out refinancings or second liens.

The share of strategic defaulters peaked at 12.5% in 2009 and dropped in recent quarters (see chart below).

"We think the recent decline in share of strategic defaults stems from stabilization in the housing market," BarCap analysts said.

They added that the biggest signal for strategic default has been the borrower's FICO score. Just 4% of 600 FICO borrowers strategically defaulted, compared to 11% of those with 720 FICO.

Analysts gave an explanation.

"Intuitively, weaker quality borrowers likely have limited means and hence default on most of their obligations when their means are restricted," they said. "One could also argue that higher-FICO borrowers tend to be more sophisticated and thus more likely to consider economic arguments to default, even if they had the means to pay."

States with no or limited recourse do not tend to have higher levels of strategic default. Though this goes against reasoning, lenders have shown lax enforcement. There was no difference between states that have a judicial foreclosure process compared to nonjudicial ones. Analysts did note that there is more incentive to walk away in judicial ones since there are more benefits to taking advantage of the longer foreclosure timelines and living rent free in a nonjudicial state.

"Strategic defaults are real, but the magnitude is smaller than what typically gets quoted in surveys," BarCap said. "We think that the overall effect of strategic defaults is rather limited."

Write to Jon Prior.

Follow him on Twitter: @JonAPrior

Friday, February 18th, 2011

The Financial Industry Regulatory Authority said Friday that its enforcement executive director will leave the organization in April to return to the private sector.

James Shorris served for more than seven years in different leadership positions for FINRA's enforcement department and its predecessor, NASD.

"It has been a privilege serving FINRA and NASD over the last seven years, and working with such a talented and dedicated team in the enforcement department,” Shorris said in a press release. “I am especially proud of the actions we brought over that time. And I am gratified that by bringing those actions, we were able to return many millions of dollars to aggrieved investors."

FINRA is the largest nongovernmental regulator for all securities firms doing business in the U.S., according to the release.

Shorris joined NASD in 2003 as deputy chief of enforcement and became chief of enforcement in 2006. He became executive director of enforcement when NASD and NYSE regulation merged to form FINRA in July 2007.

Since then, Shorris has been responsible for directing the investigation and prosecution of disciplinary actions at the national and district levels.

Prior to joining NASD, Shorris was counsel to the law firm of Bingham McCutchen in Boston, and held legal and compliance positions with two broker-dealers in Massachusetts. He began his legal career as an assistant district attorney in the Manhattan District Attorney's Office where he served in the trial division and the investigation division.

"Jim has always been a steady, knowledgeable hand, motivating our lawyers and investigators and guiding the day-to-day operations of the enforcement program," said Richard Ketchum, FINRA chairman and CEO. "His strong management skills and deep knowledge of the industry coupled with his demonstrated commitment to protecting investors led to some of the most important enforcement cases FINRA and its predecessor NASD brought during his tenure here."

Write to Shaina Zucker.

Friday, February 18th, 2011

JPMorgan Chase & Co. Chief Executive James Dimon received a 2010 stock bonus valued at $17 million, the biggest bonus for a big-name Wall Streeter so far this year.

According to a Securities and Exchange Commission filing, Mr. Dimon was given 251,415 units in restricted stock, half of which will vest in January 2013 and the rest a year later. The restricted stock at Thursday's closing prices would be worth just over $12 million. Mr. Dimon was also awarded 367,377 in stock appreciation rights, worth an estimated $5 million based on the Black-Scholes model.

Friday, February 18th, 2011

A suspended Florida attorney is facing three decades behind bars for lying on a mortgage application as part of a much larger $4.2 million scheme.

The defendant, John Evans, was indicted this week on one charge of wire fraud and one count of failure to file an income tax return, according to records filed in District Court for the Middle District of Florida Fort Myers Division.

The charges are tied to an alleged mortgage scheme in which Evans convinced a financial services firm to lend him $616,250 to cover the mortgage on a Cape Coral, Fla., property.

Reports from the The News-Press out of Fort Myers say Evans' indictment is connected to a larger scheme involving several individuals.

The federal counts against Evans carry a combined maximum penalty of 31 years in federal prison. Evans and his attorney were not immediately available for comment Friday.

According to the indictment, Evans secured the loan by inflating his income, his down payment and his liquid assets on a loan application submitted to Southpoint Financial Services Inc.

The Florida State Bar has already suspended Evans from practicing law in the state. The final outcome of the bar's investigation has yet to be released, but the case filing on Evans shows numerous complaints from clients who accuse Evans of failing to handle his cases properly.

Write to Kerri Panchuk.

Friday, February 18th, 2011

The U.S. District Court in Maine dismissed claims from homeowners seeking damages against GMAC Mortgage, the servicing arm of Ally Financial (GJM: 22.43 -0.62%), for improper foreclosure.

In September, GMAC employees were found to be signing foreclosure affidavits without reviewing documentation as required by law in many states. On Oct. 1, a group of homeowners represented by Thomas Cox filed a class-action suit against GMAC.

On Feb. 16, District Judge Brock Hornby dismissed three of the four claims spelled out against GMAC in the lawsuit.

Hornby denied claims of abuse of process, which the plaintiffs alleged to be false certifications and affidavits. Hornby ruled that according to Maine law, even if the documents were false, the plaintiffs would have to seek to reverse the previous judgment in the foreclosure case, not start a new lawsuit.

"A contrary ruling would mean that the outcome of every lawsuit could produce a later lawsuit by the unhappy loser, seeking damages on account of the outcome of the former lawsuit and claiming that it resulted from false testimony or false affidavits," Hornby wrote in the ruling.

Hornby also dismissed claims for breach of good faith and fair dealing by GMAC and alleged fraud upon the court. Hornby said that fraud on the court may be grounds for other sanctions such as, again, obtaining relief from the original judgment in the foreclosure case but not to recover damages by a party in a later lawsuit.

A fourth claim, however, is still pending. Plaintiffs are seeking damages under the Maine Unfair Trade Practices Act. GMAC has moved to dismiss that count, and Cox said the plaintiffs will submit a briefing to the court by March 4.

Hornby signaled in his ruling that he would possibly deny this claim to remand the case to a state court, because a federal court below the U.S. Supreme Court does not have the jurisdiction to overturn a state judgment, here the original foreclosure case against Cox's clients.

Cox told HousingWire Thursday that the ruling will affect other similar robo-signing cases against lenders across the country.

"I think it's going to have a chilling effect and certainly [will be] cited by other lenders and servicers," Cox said.

Write to Jon Prior.

Follow him on Twitter: @JonAPrior

Friday, February 18th, 2011

Consumer advocate Elizabeth Warren is relying on top Wall Street talent to get the new Consumer Financial Protection Bureau up and running.

When the CFBP officially launches in July, it will have policing power over mortgage disclosures through the Truth in Lending Act.

This week, Warren selected former Deutsche Bank (DB: 43.96 +1.29%) Managing Director Rajeev Date to serve as the agency's associate director for research, markets and regulations. In his role, Date will oversee the mortgage market and consumer credit segments. Date previously served Capital One Financial (COF: 45.73 +0.26%) as senior vice president before founding the nonprofit Cambridge Winter Center.

Warren also hired Elizabeth Vale, a former managing director at Morgan Stanley (JPM: 37.38 -0.29%), to serve as assistant director for community banks and credit unions. She previously served the White House as business liaison and executive director and brings 22 years investment experience.

Warren fleshed out her appointments by naming Patricia McCoy assistant director for the mortgage and home equity markets and Corey Stone head of CFPB's Credit Information Markets team.

The appointments arrive at a time when the Consumer Financial Protection Bureau is facing heat from lawmakers who are challenging the agency's funding.

Republican Congressman Randy Neugebauer (R-TX) introduced a bill last week, suggesting the CFPB  should be merged into the Treasury Department for oversight purposes.

The CFPB is currently under the purview of the Federal Reserve Board.

Write to Kerri Panchuk.

Friday, February 18th, 2011

Allonhill recently hired Megan Von Wald as managing director of credit risk management. In her new position, she will oversee the day-to-day operations of the company's credit risk management services for the private and public sectors.

Prior to joining Allonhill, Von Wald served as director of operations for Statebridge Co., a Denver-based mortgage servicing firm, where she focused on developing the firm's servicing platform.

"We are very pleased to welcome Megan to the executive team," said Sue Allon, chief executive officer and founder of Allonhill. "She is perfectly suited to lead our credit risk management practice and advance our mission of reinventing the mortgage industry by better protecting investor interests."

Von Wald also previously worked for The Murrayhill Co., which was founded by Allon herself.

Allonhill is a Denver-based company that specializes in due diligence and credit risk management.

Write to Christine Ricciardi.

Follow her on Twitter @HWnewbieCR.

Friday, February 18th, 2011

The securities portfolios of banks rose by 3% in the fourth quarter, as the lenders added mortgage-backed securities and municipal bonds while shedding Treasurys, agency debt and asset-backed securities.

Amy Hsi of JPMorgan Securities Inc. said MBS holdings at domestic banks rose by more than $50 billion last year with all the activity in the second half and essentially evenly split between the third quarter and fourth quarter. The level of residential mortgages increased by more than $10 billion in the fourth quarter, she said. (Click on chart to expand.)

Total deposits at all American banks climbed 2% during the fourth quarter to $7.4 trillion, according to JPMorgan Securities.

"Some growth in loan holdings could indicate that securities purchases could be lower; however, we find that historically securities purchases continued to grow for some time after loan growth picks up," JPMorgan analyst Hsi said in the financial services giant's weekly note on securitized products.

JPMorgan said the Fannie Mae and Freddie Mac pass-through holdings in available-for-sale and health-to-maturity accounts rose by $30 billion in the final quarter of 2010, and Ginnie Mae pass-through holdings climbed by $980 million. Banks also added some $24 billion of agency collateralized-mortgage obligations during the period.

Write to Jason Philyaw.

Friday, February 18th, 2011

National home sales increased in January, breaking a six-month streak of home sales declines, with some markets experiencing double-digit increases, RE/MAX said Friday in its latest National Housing Report.

Last month, home sales were 0.7% higher when compared to January of 2010. The move to positive territory hinged on the recording of double-digit sales increases in key markets, including Miami, Tampa, Richmond, New Orleans and Phoenix. All of these markets saw home sales rise by at least 16%.

For last month, the RE/MAX National Housing Report also reported a 3.6% month-over-month drop in housing inventory and a 5.6% decline in inventory on a  year-over-year basis.

“We’re very pleased that sales this January are higher than last January, and we’re hopeful that this indicates even higher sales this spring,” said RE/MAX CEO Margaret Kelly. “Although inventories have been steadily shrinking for months, an increase in foreclosure activity could reverse this trend and produce additional pressure on prices.”

While home inventory and sales measures improved in January, prices dropped 4.6% on a year-over-year basis, the largest drop since May 2010.

The median national home price also tumbled 4.6% from $186,610 in January 2010 to $178,017 last month.

Write to Kerri Panchuk.



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 »