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Archive for February, 2011

Wednesday, February 16th, 2011

House Committee on Oversight and Government Reform Chairman Rep. Darrell Issa (R-Calif.) Wednesday issued a "wide-ranging subpoena" to Bank of America for all documents and records related to Countrywide’s VIP program, the so-called "Friends of Angelo" circle.

Issa has been investigating Countrywide since December 2008. Bank of America purchased Countrywide in January 2008.

"Countrywide orchestrated a deliberate and calculated effort to use relationships with people in high places in order to manipulate public policy and further their bottom line to the detriment of the American taxpayers even at the expense of its own lending standards," Issa said in a statement.

"This subpoena will allow us to obtain the information needed to answer the outstanding public interest questions regarding the full size and scope of the VIP program," he added. "The American people have a right to know the totality of who participated in the Countrywide’s VIP program and what they did in return for access to it. Our role is to get all of the facts so that the American people can judge for themselves who should be held responsible and accountable."

Issa's office said that Bank of America has until March 7 to produce several caches of documents, including emails, of the Friends of Angelo program, especially those concerning "covered borrower" status.

Covered borrowers and their spouses allegedly received privileged lending status. These borrowers were federal or state employees and those who worked for Fannie Mae and Freddie Mac.

Former Countrywide President Angelo Mozilo settled, without admitting or denying any wrong doing while in the post, with the Securities and Exchange Commission for $22.5 million.

Write to Jacob Gaffney.

Follow him on Twitter @JacobGaffney.

Wednesday, February 16th, 2011

Nearly one week after a judge in New York ruled that Mortgage Electronic Registration Systems did not have the right to transfer mortgages, MERS is claiming victory in a similar case in Kansas.

The United States Bankruptcy Court for the District of Kansas on Feb. 10 found that mortgage servicers may allow MERS to act on behalf noteholders. This means that actions such as foreclosures are valid and enforceable, according to an email from MERS.

The case, Martinez v. Mortgage Electronic Registration Systems looked to determine the legality of MERS acting as an agent in operating an electronic database of more than half of all mortgages in the United States. The case is one of many challenging MERS as an acting agent.

"The Kansas Bankruptcy Court held that the note and mortgage were never split due to this agency relationship," said MERS spokesperson Karmela Lejarde. "The Court found that Countrywide’s interest is secured, and it has the right to enforce the note and mortgage through its agent, MERS, or on its own by directing its agent to assign the mortgage to it."

The Kansas Bankruptcy Court’s ruling on Martinez v. Mortgage Electronic Registration Systems finds the registry is a valid agent for its members and found that the mortgage and note were not split.

Judge Robert Grossman, of the Eastern District of United States Bankruptcy Court in the Eastern District in New York found that "MERS did not have authority as 'nominee' or agent, to assign the mortgage absent a showing that it was given specific written directions by its principal."

"We disagree with the Court's interpretation because State Courts in New York have already ruled that a written assignment of the note and mortgage by MERS, in its capacity as nominee, confers good title to the assignee," said Lejarde.

MERS claims victories in similar cases brought in Arizona, Missouri. Since March 2009, supreme courts in Arkansas, Kansas and Maine have found that MERS had no standing in foreclosure proceedings under their states’ laws, according to coverage in Bloomberg.

Write to Jacob Gaffney.

Follow him on Twitter @JacobGaffney.

Wednesday, February 16th, 2011

U.S. Rep. Barney Frank (D-Mass.) is pushing to increase budget funding for the Securities and Exchange Commission as House representatives debate a bill that could cut funding to the agency by $41 million.

The Continuing Resolution is an appropriation legislation passed every couple of months and used by the U.S. Congress to fund government agencies. The current CR, passed in December 2010, expires on March 4. After passage, the new CR is effective through September.

President Obama called for a 28% increase in SEC funding to $1.43 billion in his 2012 budget released earlier this week. The Continuing Resolution, however, would decrease funding to the SEC by $41 million.

On Tuesday, when the debate on the CR began, Frank proposed an amendment to the legislation that would propel SEC funding by $131 million. The amendment included cut to other federal agencies and programs, including the two divisions of the Internal Revenue Service and two programs under the General Services Administration.

Frank said in a recent House Financial Services Committee hearing that cutting funds to the SEC would disable the entity to govern the shadow banking system.

While the SEC needs to increase staff to carry out its new and additional mandates under Dodd-Frank, several Republicans have vowed to cut funding to all federal agencies. Read more about it in the March issue of HousingWire magazine.

Write to Christine Ricciardi.

Follow her on Twitter @HWnewbieCR.

Wednesday, February 16th, 2011

Federal Reserve officials continue to believe the pace of the economic recovery is too slow to warrant any change in the central bank's approach toward meeting its dual mandate of stable inflation and maximum employment.

At its meeting near the end of January, the Federal Open Market Committee voted unanimously to keep the target federal funds rate at next to nothing – 0% to 0.25% – and continue with its controversial $600 billion bond-buying plans.

Since first announcing plans to reinvest maturing agency debt and mortgage-backed into longer-term Treasury securities, the Fed has purchased $236 billion of Treasuries, according to the minutes of the latest FOMC meeting. To meet the $600 billion mandate by June, the Fed plans to continue purchasing about $80 billion a month.

FOMC members said consumer spending rose slightly in 2010 and the ongoing expansion in business outlays "appeared to have been sustained in recent months." But construction activity remains muted and the unemployment rate is still high despite modest gains in nonfarm payroll jobs.

"A few members noted that additional data pointing to a sufficiently strong recovery could make it appropriate to consider reducing the pace or overall size" of the bond purchase program, which has become known as QE2.

Although other members said it was doubtful anything would change enough to spur any changes to the quantitative easing prior to its expected completion in about four months, according to the minutes.

In early January, Federal Reserve Chairman Ben Bernanke admitted growth in the jobs market is still a few years away, saying he expects a moderately stronger pace in the economic recovery this year.

The QE2 plan is "to promote a stronger pace of economic recovery and to help ensure that inflation, over time, is at levels consistent with the committee's mandate," according to FOMC minutes.

Fed officials expect the housing sector will remain weak, as it did the final few months of 2010 because of weakened demand coupled with an elevated supply of homes and the overhang of foreclosed or distressed properties  that continue to weigh down prices.

Now that Thomas Hoenig, president of the Federal Reserve Bank of Kansas City, has rolled off the committee as a voting member, all the votes of last month's meeting were unanimously approved. Hoenig cast the lone dissenting vote at every FOMC meeting in 2010. He believes the high level of monetary accommodation increases the risk of economic and financial imbalances. He also doesn't think the benefits of the QE2 outweigh costs.

The FOMC meets again March 15.

Write to Jason Philyaw.

Wednesday, February 16th, 2011

Insurance giant Allstate is suing JPMorgan Chase (JPM: 37.37 -0.32%) and subsidiaries Bear Stearns and Washington Mutual for fraudulently selling the insurer more than $750 million in residential mortgage-backed securities backed by toxic loans.

In its complaint, Allstate alleges the defendants "made numerous misrepresentations and omissions regarding the riskiness and credit quality" of the loans backing the securities sold as part of the transaction. JPMorgan Chase acquired Bear Stearns and Washington Mutual — along with the banks' assets — back in 2008 when the housing meltdown hit. While both firms are technically defunct, each still has structured finance trading platforms unwinding.

Allstate issued a statement about the suit Wednesday saying the offerings made by the financial institutions "contained untrue statements and omitted material facts." The insurer said, "Between 2005 and 2008, Allstate purchased more than $750 million in mortgage-backed securities from those defendants."

Allstate alleges the banks roped the insurance giant into the transaction by suggesting the securities marketed by JPMorgan, Bear Stearns and WaMu were backed by highly-rated mortgage securities.

Instead, Allstate says JPMorgan's securities hid a "toxic mix of loans given to borrowers that could not afford the properties" and who were likely to default, according to the complaint.

Allstate claims in its suit that the banks also failed to disclose reports from underwriters and third-party due diligence firms that had previously identified loans in the portfolio as not in compliance with underwriting guidelines.

JPMorgan could not immediately respond to requests.

Write to Kerri Panchuk.

Wednesday, February 16th, 2011

Federal Housing Administration Commissioner David Stevens said mortgage servicers under review for improper foreclosures could face fines and potentially forced reimbursements, according to his testimony before a House subcommittee Wednesday.

In September, mortgage servicing came under intense scrutiny when employees were found to be robo-signing — signing foreclosure affidavits en masse and without a proper review of documentation as required by law.

Major lenders suspended foreclosures in many states and even nationwide. Federal regulators and the 50 state attorneys general launched investigations. And while many banks have said they've completed or are nearing completion of their internal reviews and refilings, those investigations could potentially cost them more than delays.

Iowa AG Tom Miller, who is leading that investigation, has said a possible fund to compensate homeowners victimized by these practices is on the table. Federal Deposit Insurance Corp. Chairman Sheila Bair said at a recent mortgage servicing conference that she supported a claims fund similar to the one set up after the BP Gulf Coast oil spill to be paid for by the servicers.

Stevens, too, acknowledged that those servicers found to be mishandling FHA loans will face "potential fines, penalties and claim reimbursements," according to his testimony Wednesday. In May, the FHA launched a review of its mortgage servicers.

A spokesman said the review would be made public.

The House Subcommittee on Insurance, Housing, and Community Opportunity held the hearing to determine if there are government barriers to the housing recovery. Stevens acknowledged the Treasury Department's proposal last week to wind down Fannie Mae and Freddie Mac, and he said the government must take steps to withdraw its share of the mortgage market.

But there is more to the recovery than establishing a new finance system, he said. In fact, making sure mortgage servicing is sound is vital to making room for the private sector again. The Department of Housing and Urban Development is working the Federal Housing Finance Agency and the Treasury to develop a new mortgage servicing standard.

"This crisis has also taught us that appropriate consumer protection requires immediate action to institute long overdue reforms to mortgage servicing compensation structures, servicing standards and foreclosure processing procedures," Stevens said.

Write to Jon Prior.

Follow him on Twitter: @JonAPrior

Wednesday, February 16th, 2011

Raising the Federal Housing Administration's annual mortgage insurance premium 25 basis points will not have a dramatic impact on the affordability of homes in America, U.S. Department of Housing and Urban Development Secretary Shaun Donovan said Wednesday.

The FHA announced the coming insurance-premium hike on Monday.

While speaking to civil rights leaders during an affordable housing forum in Washington. D.C., Donovan said the FHA-insurance premium hike that takes effect on April 18 will raise prices on FHA-insured loans. However, he says it will not impact prices significantly enough to kill affordable homeownership opportunities, particularly when considering the counterbalance of today's low interest rates.

Donovan told civil rights leaders the higher FHA insurance premiums are needed to ensure the agency remains a solid source of liquidity as the Treasury moves in the direction of reducing Fannie Mae and Freddie Mac's influence in the mortgage marketplace.

"The truth is we are still too close for my comfort and the president's comfort to the edge in terms of the health of the FHA fund. We need to rebuild that fund to ensure it is there for communities," he added.

While the forum was designed so civil rights leaders could discuss how the end of the GSEs will impact minority borrowers and communities, Donovan assured the crowd that an end to GSE-dominance is actually good for the market.

"We do have to be honest that the prior system had fundamental flaws," he said. "We don't think it’s a good thing to have more than 90% of our mortgages guaranteed by the federal government in some form." He added, "it's a critical role that we play, but we are straining to keep up with this demand."

Write to Kerri Panchuk.

Wednesday, February 16th, 2011

The office of Rep. Scott Garrett (R-N.J.) told HousingWire Wednesday that the latest draft of legislation providing a regulatory framework for covered bonds in the U.S. will be dropped "in the not too distant future."

Proponents for serious covered bond issuance in the U.S. say now that reform of government-sponsored enterprises is under way, the alternatively structured product stands a better chance than ever for finally gaining a foothold.

Opponents, on the other hand, see a limited market for covered bonds, as they'd be unable to compete with established European platforms, and they are uneconomical compared to Federal Home Loan Bank financing.

"If Fannie and Freddie are going to shrink, it will open the market opportunities for covered bonds," said one source.

Indeed, the sponsors of last year's failed bill are now in positions of greater influence following the Republicans return to power in the House. Garrett is now chairman of the subcommittee on Capital Markets and Government-Sponsored Enterprises and co-sponsor Spencer Bachus (R-Ala.) now chairs the Financial Services Committee.

"The GSE reform option leaves room for covered bonds in mortgage financing, yet the starting point still remains in passing a regulatory structure in a covered bond act," said Jerry Marlatt, senior counsel at Morrison Foerster, a law firm supporting an established covered bond regulatory framework in the U.S.

"As Fannie and Freddie shrink away from the total market dominance of today, it will open the market for private financing facilities," Marlatt said. "Covered bond legislation passed the House Financial Services Committee last year. So this time around, the education process regarding covered bonds needs to be taken into account."

Marlett also said the onerous covenants of FHLB issuances will make covered bonds more attractive. Besides, he adds, an over dependence on any one product is not favorable to an active secondary markets.

Furthermore, if the legislation looks anything like last year's, Garrett will expand covered bond assets from the traditional real estate and municipal debt. The representative's bill offered up student loans, auto loans and credit card receivables as eligible covered bond collateral.

Write to Jacob Gaffney.

Follow him on Twitter @JacobGaffney.

Wednesday, February 16th, 2011

Mortgage delinquency rates decreased in the fourth quarter, but at a slower pace than previous quarters, according to a report released Wednesday by TransUnion.

The final quarter of 2010 is setting the pace for this year, and the credit bureau expects only modest fluctuations in delinquency rates in 2011.

The ratio of borrowers 60 days of more delinquent on their mortgages dropped to 6.41% in the fourth quarter from 6.44% the quarter before. Compared to the same period in 2009, mortgages delinquencies are down about 7%, TransUnion reported. In the third quarter, the national rate tumbled 3.5%.

"The current deceleration in falling mortgage delinquency rates is indeed concerning," said Tim Martin, vice president of the U.S. Housing Market sector of TransUnion's financial business unit. While economic indicators such as gross domestic product and consumer confidence are generally positive, home prices are still dropping.

"What we hoped was a temporary third quarter price adjustment due to the ending of the home buyer tax credit appears now to be more systemic," according to Martin.

Thirty-three states witnessed increases in delinquency rates between the third and fourth quarters. North Dakota, although it has the lowest delinquency rate across the nation, saw a 13.16% jump for the period, while Vermont's rate increased 10.87% and Washington D.C.'s increased 7.4%.

Nevada and Florida posted the highest delinquency rates for the three months ended Dec. 31 at 14.76% and 14.5%, respectively. North Dakota and South Dakota continued to experience the lowest delinquency rates at 1.72% and 2.273%, respectively. Alaska had the third lowest delinquency rate at 2.73%.

Although the majority of states saw delinquency rates rise in the fourth quarter, the amount of later stage delinquencies (90 days or 120-plus days) suggest a possible deceleration in foreclosure rates, TransUnion said.

The firm expects the national delinquency rate will likely remain flat or edge up slightly in 2011, "but begin to drift lower by year end." In December, the firm predicted double-digit decreases in the delinquency rate nationwide.

The average mortgage debt per borrower on a national basis also fell in the fourth quarter, down 0.59% to $189,046. This figure is down 2.4% from the same period a year earlier when mortgage debt averaged $193,690 per borrower.

Write to Christine Ricciardi.

Follow her on Twitter @HWnewbieCR.

Wednesday, February 16th, 2011

When members of the Financial Crisis Inquiry Commission testified before the House Financial Services Committee Wednesday, criticism of the investigation itself overshadowed any new concrete conclusions.

The 10-member FCIC released its final report in January detailing the events that led up to the financial crisis and concluded that both Wall Street players and their Washington regulators missed opportunities to prevent the meltdown. But the commission was split along partisan lines.

The six Democrats on the commission voted in support of the official report. Three Republicans filed their dissent, pointing to international and macroeconomic factors, while a fourth Republican Peter Wallison blamed U.S. housing policy for spurring the bubble and its ultimate burst.

Bill Thomas, vice chairman of the FCIC and one of the authors of the dissent, said the investigation was flawed from the outset.

"From the beginning, I thought that the commission was created for political purposes, with a partisan structure and a partisan 22-point agenda," Thomas said. "It called for six of us to be appointed by Democrats and four by Republicans, and only six votes were needed to transmit the report to the president and the Congress — the math was simple."

But Wallison was more exact in his criticism. He accused the commission of not determining the issues it would explore. Rather, a list of issues for the public hearings was handed to them from subprime lending to "too-big-to fail."

Then, Wallison said the commission outright ignored research from Edward Pinto, a colleague of his at the American Enterprise Institute, who studied 27 million subprime and high-risk mortgages, and documented efforts of the Department of Housing and Urban Development's role in reducing underwriting standards to promote homeownership.

"Pinto’s research was never made available to the other members of the FCIC, or even to the commissioners who were members of the subcommittee charged with considering the role of housing policy in the financial crisis," Wallison said in his testimony.

Phil Angelides, chairman of the FCIC, was charged with defending the alleged flaws in the report. He said that, indeed, Pinto's research was provided in the final report and to other commissioners and attempted to downplay the disagreements. The Center for American Progress called Pinto's report false and pointed out that it relied on a "radically revised" definition of subprime and Alt-A loans. Pinto did not immediately reply to requests for comment by HousingWire.

"While commissioners were not unanimous on all issues or on the emphasis we placed on key causes of the crisis, there were, in fact, many areas of agreement," Angelides said. "Importantly, setting aside the conclusions and dissents, this report contains a valuable and accurate historical account of the events leading up to the crisis and the crisis itself."

Many commentators and lawmakers raised question of the need for such a report, pointing out that Dodd-Frank, the government's legislative response to the crisis, was passed and signed months ago. But they ignored the work continuing to be done by regulators charged to write hundreds of new rules under Dodd-Frank.

Rep. Maxine Waters (R-Calif.) even charged the dissenters of the FCIC report for working against that legislation.

"Those who work to rewrite the causes of the financial crisis undermine Dodd-Frank," Waters said.

Thomas said that the commission's work shed light on a number of problems in the financial markets that were not addressed in the legislation, while Angelides said the report would act as a "guidepost" for future actions from Washington. Wallison said reform to housing policy should have taken precedence.

And so even on what Congress should do going forward, the commission could not agree.

Write to Jon Prior.

Follow him on Twitter: @JonAPrior



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