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Archive for February, 2011

Wednesday, February 16th, 2011

China's statistics agency said it will stop publishing the country's much-watched official index of national property prices, scrapping a set of data whose accuracy was widely questioned but which also had become a rallying point for public anger over rapidly rising housing prices.

The announcement Wednesday, part of a broader revision of property-price data by the National Bureau of Statistics, fueled already widespread frustration and skepticism about the quality and transparency of economic data in the world's second largest economy. It came just a day after the statistics bureau published a lower-than-expected inflation reading based on a revised formula for the consumer-price index that economists criticized as lacking transparency.

Wednesday, February 16th, 2011

Florida foreclosure default law firm Ben-Ezra & Katz laid off 236 staff members Monday after learning Fannie Mae would be pulling all of its default servicing business from the firm.

Last week, the government-sponsored enterprise sent a notice to mortgage servicers advising them to move all Fannie Mae legal matters to other firms within Fannie's retained attorney network. 

Four days later, Ben-Ezra & Katz announced a 41% staff reduction, cutting its employee base from 586 to 350 employees, according to Ray Casas, a spokesman for the Fort Lauderdale-based law firm.

In an interview with HousingWire, Casas would not elaborate on what positions were cut, but the firm blamed the redundancies on its recent loss in business from Fannie Mae.

"We were forced to take this action after Fannie Mae surprisingly terminated its relationship with the firm last week," Ben-Ezra said in a statement.

Fannie Mae cut its business relationship with Ben-Ezra & Katz after red flags were raised over document execution issues.

"We have terminated the firm. It is our expectation that law firms will handle matters in strict compliance with proper procedures, ethical codes of conduct and legal requirements," a Fannie Mae spokesperson said in a statement last week. "In instances where we have reason to suspect that a firm may not be doing so, we will immediately engage and take appropriate action."

Ben-Ezra & Katz also made headlines in its home state Friday when a Miami judge held the firm's founding partner Marc Ben-Ezra in contempt of court after accusing him of filing 'sham' foreclosure documents, according to an article published by the Palm Beach Post. 

Casas, Ezra's spokesman, declined to comment on the court's motion.

Fannie Mae took similar measures in November when it ended its business relationship with Florida foreclosure law firm David J. Stern. At the time, Fannie issued an announcement directing servicers to move their cases to other firms after it was alleged Stern had signed foreclosure affidavits in bulk without properly reviewing files or having a notary present.

Write to Kerri Panchuk.

Wednesday, February 16th, 2011

The state of New York, which already has laws granting distressed homeowners a chance to stave off foreclosure in settlement conferences, is now implementing an initiative that will ensure legal representation to all distressed borrowers, The New York Times reported this week.

The Times article said courts will assign lawyers by tapping into legal aid talent and seeking help from pro bono groups.

If such an undertaking is imposed, it will complement the state's three-year long initiative to help borrowers by highlighting the distressed homeowner's role throughout the court process.

The New York Court system says the state's foreclosure default rate fell from 90% to 20% in two years, thanks to new laws passed in 2008 and 2009 that require the legal system to hold foreclosure settlement conferences with distressed borrowers. The state's default rate measures the number of instances a homeowner either failed to answer a foreclosure petition or avoided legal proceedings altogether.

As it stands, New York represents the largest contributor to the shadow inventory — mortgages facing imminent default with little hope of a long-term cure. "The shadow inventory in the New York MSA will take the longest to clear — 130 months as of fourth-quarter 2010. That is at least twice as long as it will take in any of the other top 20 MSAs and 2.7 times the average time to clear for the U.S. as a whole," an Standard &Poor's report states. "This is primarily due to very low liquidation rates in New York."

Early on, the settlement conferences were for borrowers holding subprime or high-cost loans, but the court system later extended the privilege to all homeowners facing foreclosure.

The foreclosure rate has declined significantly with settlement conferences taking place across the state, according to Ann Pfau, New York's chief administrative judge, who outlined the benefits of the new laws in her recent "2010 Report of the Chief Administrator of the Courts."

While Pfau said New York's civil court system has been taxed with heavy caseloads since making room for borrowers, there's a benefit when considering 4,000 settlements were made last year alone.

In the first 10 months of 2010, Pfau says the state held 89,093 foreclosure conferences for distressed borrowers. The only problem is 63% of the defendants showed up without lawyers.

"The lack of representation in foreclosure cases continues to be one of the greatest challenges we face," Pfau concluded in her 2010 report.

Write to Kerri Panchuk.

Wednesday, February 16th, 2011

Housing starts rose 14.6% in January to the highest rate in a few months, according to Commerce Department data.

Private starts climbed to a seasonally adjusted 596,000 last month from a revised 520,000 for December. The rate remained about 2.6% below the year earlier.

Analysts surveyed by Econoday expected January housing starts to come in at 540,000 with a range of estimates between 510,000 and 555,000. Single-family starts fell 1% for January to 421,000 from a revised 442,000 the prior month.

In a joint release, the Census Bureau and Department of Housing and Urban Development said permits for new construction fell 10.4% to 562,000 units, down from a revised 627,000 for December and 10.7% lower than a year earlier.

The number of permits could be somewhat skewed because the rate shot up in December as builders in California, New York and Pennsylvania sought to obtain permits ahead of the scheduled changes in building codes in those states.

Write to Jason Philyaw.

Wednesday, February 16th, 2011

The volume of mortgage applications filed in the past week continued to fall as rates hovered above 5% and mortgage refinancings declined, the Mortgage Bankers Association said in its Weekly Mortgage Applications Survey Wednesday morning.

The survey of mortgage loan volumes for the week ending Feb. 11 shows the market composite index — a measure of loan volume — dropping 9.5% on a seasonally adjusted basis when compared to a week earlier.

On an unadjusted basis, the index fell 7.9%

The refinance index, which measures the number of homeowners filing to refinance mortgages, also declined 11.4%, deeper than the 7.7%-drop recorded last week, while the purchase index  fell 5.9% on a seasonally adjusted basis.

"Mortgage rates remained above 5 percent last week, up almost a full percentage point from their October lows, and refinance volume continued to drop," said Michael Fratantoni, MBA's Vice President of Research and Economics. "Applications for home purchases also declined on a seasonally adjusted basis.  Buyers have not returned to the market as rising rates have reduced affordability, to some extent."

The four-week moving average for the seasonally adjusted market index is down 4.5%, while the four-week moving averages for the purchase index and the refinance index are down 1.9% and 6.2%, respectively.

Refinancing activity decreased to 64% of total applications last week, compared to 66.6% a week earlier.

The average interest rate for a 30-year, fixed-rate mortgage hovered at 5.12%, compared to 5.13% a week earlier.

In addition, the average rate for a 15-year, fixed-rate mortgage increased to 4.34%, up from 4.29%.

Write to Kerri Panchuk.

Tuesday, February 15th, 2011

Chapter 13 bankruptcy filings increased for the fifth consecutive year in 2010, and accounted for the second largest sector of bankruptcy filings.

Filings increased 8% to 438,913 from almost 407,000 a year prior, according to U.S. Court System data. The 9th Judicial District, also one of the hardest hit regions during the housing crisis, posted the highest number of Chapter 13 bankruptcy filings at 87,760 for the whole year. This district encompasses California, Arizona, Nevada, New Mexico, Alaska, Idaho, Montana Oregon and Washington.

A Chapter 13 allows individuals to undergo a financial restructuring supervised by a federal bankruptcy court. If a borrower is foreclosed on, a Chapter 13 may allow them to stay in their house until their finances are organized.

In the three months ended Dec. 31, a little more than 109,000 Chapter 13s were filed across the U.S.

Chapter 13s were beat out in terms of volume only by Chapter 7 bankruptcy filings, which focus on liquidation. There were 257,668 filed in the fourth quarter and 1.1 million filed during all 2010.

Bankruptcy filings have been on the rise since 2006, when filings totaled 617,660 across all sectors. This also marked the first full 12-month period after the Bankruptcy Abuse Prevention and Consumer Prevention Act of 2005 was enacted.

Write to Christine Ricciardi.

Follow her on Twitter @HWnewbieCR.

Tuesday, February 15th, 2011

Redwood Trust (RWT: 11.558 -0.79%) will sell a $290 million residential mortgage-backed security backed primarily by jumbo loans, according to a prospectus filed with the Securities and Exchange Commission Tuesday. It's the first such RMBS this year.

This deal will be the second from Redwood and the only two private-label RMBS transactions since the financial crisis of 2008. In April 2010, Redwood closed a $237.8 million jumbo RMBS deal. When the Treasury Department released its white paper on the future of housing finance last week, it proposed allowing the maximum loan limit at Fannie Mae and Freddie Mac to expire and drop in October to give the private market more room for securitizations in the jumbo space.

Roughly two-thirds of the 303 mortgages were originated by First Republic Bank and the rest by PHH Mortgage Corp., according to the filing. The deal holds an aggregate principal balance of $296.3 million and an average balance of more than $977,000. The loans are a mix of 30-year fixed-rate mortgages and hybrid 10-year fixed.

The master servicer on the deal will be Wells Fargo (WFC: 29.342 +1.01%), and Citigroup (C: 30.47 +0.30%) was named the trustee.

Redwood engaged both Fitch Ratings and Moody's Investors Service to rate the deal, but terminated its application with Moody's "because the sponsor disagreed with Moody’s preliminary assessment of the risks attributable to the mortgage loans, including, without limitation, the risks attributable to the geographic concentration of the mortgage loans," according to the SEC filing.

More than 56% of the loans were originated in California with 8% of them originated in New York, the next highest state.

The deal is expected to close March 1.

Write to Jon Prior.

Follow him on Twitter: @JonAPrior

Tuesday, February 15th, 2011

U.S. home sales totaled 3.6 million in 2010, a 12% drop from the year before that pulled prices down with it, according to data provider CoreLogic (CLGX: 14.56 +0.62%).

In November, the latest month of data available from CoreLogic, home prices dropped 5.1% for the fourth straight month of decline. Decreases in home prices have spread to 45 states from 18 just six months before.

"The downturn in home prices is clearly being driven by weak sales, an excess supply of unsold homes and larger impact from distressed sales," CoreLogic said in its report.

The number of homes sold in 2010 was at its lowest point since the housing market collapsed. Sales were more than 50% below the level seen before the crisis in 2005 and 33% below the level measured in 2000.

The CoreLogic data clashes with a report from the National Association of Realtors, which reported home sales dropped just 5% to 4.9 million and that home sales in 2009 actually increased from the year before. According to CoreLogic, home sales did not improve in 2009. There has been a steady decline since the peak in 2005. (See the chart below.)

CoreLogic said there are several reasons for the difference between its numbers and NAR's.

"There are several reasons for the divergence, including benchmarking drift, more sales going through MLS systems due to consolidation and a lower share of 'for sale by owners' home sales. Net, NAR’s existing home sales data are overstated by about 15% to 20%," CoreLogic said.

There was a 16-month supply of homes on the market that has not been sold as of November, the highest level since February 2009 when prices were falling about 20% on a year-over-year basis. A typical market has a six- or seven-month supply.

Going forward, CoreLogic said the housing market faces headwinds as it corrects its pricing and underwriting standards.

"Moreover, there will be increased headwinds on borrowers’ abilities to obtain financing because loans will become more expensive as the market normalizes and begins to more appropriately price for risk," CoreLogic said in its report.

Write to Jon Prior.

Follow him on Twitter: @JonAPrior

Tuesday, February 15th, 2011

Fixed-rate mortgages accounted for the overwhelming majority of fourth-quarter refinancing on Freddie Mac loans.

More than 95% of borrowers refinanced to a fixed-rate mortgage, with a strong trend toward shorter-term deals, according to the agency's quarterly Product Transition Report. Of the borrowers who refinanced from a 30-year FRM, almost one-third chose a 15- or 20-year loan, the highest share since the first quarter of 2004.

This trend held true throughout out all of 2010, as the largest percentage of borrowers since 2003 refinanced to a shorter term.

Freddie Mac Chief Economist and Vice President Frank Nothaft said the trends coincide with the lowest mortgage rates in several decades.

"Fixed mortgage rates continued to slide lower during the first part of the fourth quarter, reaching 4.17% for the 30-year mortgage in mid-November … the lowest fixed rates since the early 1950s," Nothaft said. "The mortgage rate on 15-year fixed was about five-eights percentage point below that on 30-year fixed during the fourth quarter. For borrowers motivated to refinance by low interest rates, they could obtain even lower rates by shortening their term."

Anthony Sanders, a professor of finance at George Mason University, said borrowers find fixed-mortgage rates attractive because they reduce risk exposure. Sanders said because an FRM does not require change for the life of the loan, it decreases the likelihood of default. This is especially true of shorter-term mortgages, he said.

Write to Christine Ricciardi.

Follow her on Twitter @HWnewbieCR.

Tuesday, February 15th, 2011

The PMI Group (PMI: 0.00 N/A) narrowed its fourth-quarter loss in 2010 as the mortgage insurer noted a 128% increase in new loan insurance for the period and a slight decline in the number of PMI-insured U.S. primary loans classified as in default.

The Walnut Creek, Calif-based company narrowed its fourth-quarter loss to $184.4 million, or $1.14 per share. That compares to a net loss of $228.2 million, or $2.76 per share, for the same period of 2009.

The loss was deeper than the 68 cents per share 4Q loss forecasted by the average analyst. The stock was trading down nearly 5% late Tuesday. PMI Group managed to still write $2.2 billion in new insurance for the fourth quarter.

Still, PMI Group wrote $2.2 billion in new insurance for the fourth quarter. The company also saw declines in new defaults, with 127,478 primary loans classified as "in default," compared to 150,925 loans in 4Q of 2009.

For fiscal year 2010, PMI Group reported a loss from continuing operations of $773 million, or $5.70 per share, compared to a loss of $654 million, or $7.94 per share, in 2009.

Write to Kerri Panchuk.



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