RSS Twitter

Archive for February, 2011

Tuesday, February 15th, 2011

Leaders at Fannie Mae and its conservator, the Federal Housing Finance Agency, said legal fees extended to former executives have ballooned because of delays and hearings brought on by the plaintiffs in cases against them.

In a hearing before the House subcommittee on oversight and investigations, Fannie Mae CEO Michael Williams and FHFA Acting Director Edward DeMarco launched their defense of nearly $160 million in legal fees extended to Fannie and Freddie Mac former executives after the two companies went into conservatorship in September 2008.

In addition to saying these indemnifications were mandatory, DeMarco, Williams and their legal counsels in attendance at the hearing said the plaintiffs have been excessive in their suits.

One of the largest, a securities fraud case involving pension funds that lost money, was brought on by Ohio Attorney General Mike DeWine more than six years ago. DeWine said in testimony that between 30 and 35 lawyers were brought in to represent Fannie's former CEO Frank Raines, former Chief Financial Officer Tim Howard and former Controller Leanne Spencer. He even said more than 13 lawyers were brought in for a hearing in April.

DeWine blamed Fannie for delays in the case, and noted that the judge in the case has raised issues with defendants for excessively delaying the case themselves. He said Raines has employed nine expert witnesses for himself alone, and said that because he made more than $91 million over a five-year period while CEO of Fannie Mae, he should be required to pay for his own legal fees.

"Fannie Mae has been using taxpayer dollars to defend these executives," DeWine said. "It's wrong and unconscionable."

But DeMarco said his office cleared Fannie to pay for seven lawyers for that hearing, two for each executive and one for Fannie itself. Fannie Mae's General Counsel Timothy Mayopoulos said of the 120 depositions, 100 have been organized by the plaintiffs, who have filed more than 1,500 pages of allegations.

"Excess is the responsibility of the judge," DeMarco said. "The plaintiff is ultimately suing for funds that are coming from the taxpayer. If successful it would come from the taxpayer. What we are trying to do is to respect everyone's legal rights."

Rep. Randy Neugebauer (R-Texas), who conducted the initial investigation into the legal fees and who chairs the subcommittee said even though the FHFA believes it was obligated to extend the legal fees, they are not reasonable.

"I think all of my colleagues can agree that these fees are not 'reasonable' given the mounting taxpayer exposure, the delay tactics of the defendants, and the fact that many of these securities-related lawsuits have no end in sight," Neugebauer said.

DeMarco did admit that there is no precedent for two companies in conservatorship to extend indemnification for legal fees and that he will file his testimony with the judge to raise concerns over expensive delays in the Ohio AG case.

"There is no precedent for two major corporation who have spent two and a half years in conservatorship and at least a few more years before the matter is resolved," DeMarco said. "There is nothing like it."

Write to Jon Prior.

Follow him on Twitter: @JonAPrior

Tuesday, February 15th, 2011

Real estate investment banking firm Carlton Group has finalized $10 billion in loan restructuring, acquisition and recapitalization transactions since the end of the credit crunch, the New York-based firm said Tuesday.

Included in the list of transactions is the firm's $150 million equity and debt financing of performing first mortgages.

Carlton said it arranged $110 million in long-term, fixed-rate note acquisition financing. The firm also obtained an institutional joint venture equity partner for the acquisition of the performing first mortgage loans.

"We have unparalleled access to many off-the-radar and nontraditional sources of capital, many of whom are looking to invest in today’s opportunistic market,” said Carlton Chairman Howard Michaels.

Carlton has access to capital through domestic equity funds, wealth and money management firms, Middle Eastern equity investors, family and office investors, and European and Asian institutional investment firms.

Write to Kerri Panchuk.

Tuesday, February 15th, 2011

CIT Group (CIT: 38.00 0.00%) said new business volumes, cost cutting and continued stabilization of credit trends helped it turn a profit in the fourth quarter.

The small- and mid-size business lender, which went through bankruptcy in late 2009, earned $75 million, or 37 cents a share, for the three months ended Dec. 31. Results for the quarter includes restructuring charges, tax benefits and increased debt prepayment fees. CIT said fourth-quarter earnings also benefited from so-called fresh-start accounting items totaling $289 million. It did not provide results for the comparable fourth quarter of 2009.

Fourth-quarter interest income fell some 10% to $754 million from $838.1 million in the third quarter.

The provision for credit losses increased to $182.4 million for the fourth quarter from $165.1 million for the previous quarter. CIT also restated results for the first three quarters of 2010 after detecting an accounting error.

For the full year, the company earned $517 million, or $2.58 a share.

CIT expects 2011 results to reflect significantly reduced benefits from fresh-start accounting, "as expectations for asset repayments slow and voluntary Series A debt redemptions result in both prepayment fees" and fresh-start-related costs because the debt is carried at a discount.

Chairman and Chief Executive John Thain said he's pleased with the firm's results for 2010.

"We’ve completed the build out of our senior management team, eliminated more than $7 billion of high-cost debt, sold more than $5 billion of assets, and funded more than $4.5 billion in new business," Thain said. "We will continue to serve the small business and middle market sectors, the engines of economic growth in the U.S., as we remain focused on increasing the value of our franchise."

Write to Jason Philyaw.

Tuesday, February 15th, 2011

The recently formed State of Texas Real Estate Fund LP announced plans Tuesday to raise $150 million for the purpose of acquiring distressed office and industrial properties, as well as land in Texas.

The group is already gauging the interests of investors from as far as Asia and Europe. The founders of the fund credit a falling dollar for whetting the appetites of international investors.

The fund — which is the brainchild of veteran office building investors — is hunting for high-quality distressed properties in Austin, Dallas, Houston and San Antonio.

"STXRE will focus on a niche that is overlooked by most institutional investors," said Mark Jordan, owner of JP Realty Partners and one of the fund's leaders.

"We’re not buying the fully leased buildings that are being chased and bid-up by everyone," he added. "We’re buying great properties that are in distress. We then improve occupancy and sell within two to three years."

Write to Kerri Panchuk.

Tuesday, February 15th, 2011

I always loved the word “Fiat.”

Not the car, the concept. I first heard it in debate class back in high school. It was a tool that debaters used to discuss the positive and negative aspects of a given course of action. By using fiat, you could skip past all the issues relating to actually getting the thing done and just focus on what would be the likely outcome when it became a reality.

Webster’s online dictionary defines fiat as “a command or act of will that creates something without or as if without further effort.” I love that. It’s like “Let there be light!” but for humans. It’s like the debater’s own Fairy Godmother who, with a wave of her wand, can create the future any way we envision it.

Fiat is a very handy tool for professional debaters, like politicians and policymakers, who must fully consider all impacts of a course of action before signing anything into law. But it’s only a thought experiment, to borrow from Albert Einstein. It’s just a mental exercise that allows us to arrive on the same page and draw some lines around an issue for further discussion. We don’t actually have fiat power.

Or is this just one more of the many things that seems to have changed without my consent since high school? First my weight, then my hairline and now the Treasury Department and Department of Housing and Urban Development believe they can solve all of our housing woes with a 32-page report and three easy steps. I’m thinking we now know what the government is hiding at Area 51: a fairy godmother.

Don’t get me wrong. I’m sure some good people put some time and effort into this. I thank them. But to let the anticipation build for months while we wait for the government to unfold its masterplan only to be told that we’re going to (1) phase out the GSEs, (2) fix the fundamental flaws in the mortgage market and (3) put the government back on support for affordable housing is like … well, it’s rather like spending $10 million on a council that interviews 700 witnesses and then returns the verdict: “the financial crisis was avoidable.”

Am I alone in sensing madness here?

Has history come back around so quickly? Are we again in the presence of leaders who rise up proudly, puff out their chests and proclaim that we will no longer sacrifice our virgins to a stronger, more experienced evil? “We shall slay the dragon!” Crowd goes wild. Are we expected to cheer like idiots as they point to some helmeted and therefore faceless champion who will march out and do battle with this evil, and then just go back home and watch more TV?

When did creating a report that says what everyone already knows become an acceptable form of accomplishment for our government leaders?

Sure, it’s interesting to see that the Financial Crisis Inquiry Commission learned that "widespread failures in financial regulations and supervision proved devastating to the stability of the nation's financial markets" and that "dramatic failures of corporate governance and risk management at many systematically important financial institutions were a key cause of the crisis" and even that "there was a systematic breakdown in accountability and ethics." All very interesting. But I learned all of this and more at an industry trade show I attended four years ago and all it cost me was a couple cups of coffee and a few drinks at the bar, not $10 million!

Now, Treasury and HUD say that one key to solving the fundamental flaws in our industry is to put in place national standards for mortgage servicing. No mention of how this should be accomplished or by whom — one assumes the new federal agency will have a hand in it, but the report doesn’t mandate that. Fiat?

And what of technology? No company in our space can operate without it and for all the talk of standards and transparency in the report, nowhere does it touch on the legacy systems that have kept the industry running through refi-boom and housing crash. Fiat!

Without fiat power, I suspect getting any of this done is going to be far more challenging than the government thinks. While the report does talk about changing guarantee fees and underwriting standards and generally making it easier for private investors to compete, they forget that decades of unfair competition powered by a taxpayer backstop and the world’s best lobbying machine have made it unnecessary for these giants to modernize their business practices. Change will hurt.

The good news is that this industry understands change, knows how to manage it and, in the case of the GSEs, welcomes it wholeheartedly. Some of the other prescriptions included in the report will be harder to swallow unless the government finds someone who understands technology as it is applied to U.S. financial services firms. My advice would be for them to find someone who fits that bill now.

Damn! I should have written that into a report!

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

Follow him on Twitter: @NYRickGrant

Tuesday, February 15th, 2011

There are several factors that could spur a resurgence in the jumbo mortgage market, according to Tom Millon, founder and president of mortgage origination firm Capital Markets Cooperative. And the proposed jumbo limit reduction for loans insured by Fannie Mae and Freddie Mac is a step in the right direction.

Furthermore, continual cuts to the limits have Millon anticipating new jumbo residential mortgage-backed securitization issuance in 2011, similar to today's announcement from Redwood Trust.

Last Friday, the Treasury Department released its white paper with three potential options for restructuring the government-sponsored enterprises as well as for gradually phasing them out of the mortgage industry all together. One suggestion was to lower the conforming jumbo loan ceiling to $625,500 from the current $729,750 come Oct. 1.

Millon said while reducing the agency jumbo cap is one step toward engaging the private market for jumbo originations, the current proposal is a not substantial enough decrease to make a huge difference and further lowering would be helpful to the private-label market.

"It won't have a huge effect," Millon told HousingWire in an interview. "Originations are anemic at best, and jumbos even more so."

Capital Market Cooperative originates more than $25 billion worth of mortgages annually, with a strong presence in the jumbo market. In January, the firm originated approximately $2 billion in mortgages, including a handful of jumbo loans.

Millon said it has been difficult for the market to get back on its feet after the housing crisis because of how tight underwriting standards have contracted. About half of jumbo mortgage applications are rejected due to the quality of the borrower. Jumbo investors look for the pristine borrower, with a 70% or 80% loan-to-value ratio, flawless proof of income and an above average credit score.

"The products are there, the demand is there and the rates are low," Millon said. "It's just slow."

Currently, about half of the jumbo market is agency funded with the other half privately funded. One thing Millon believes would encourage more private lending in this sector is a continual drop in agency loan limits. Reverting back to the $417,000 cap set in 2006 may relinquish enough jumbo volume to the private sector to spark a jumbo securitization market, he said. Last year, Redwood Trust issued a jumbo mortgage-backed securitization and another this year. The general market feeling is that such deals will be few in number and hardly represent a trend toward structured finance.

"That would be a boom to the private securitization market," Millon said. "That coming out of (Treasury GSE reform) could be remarkable."

That's unlikely to happen anytime time soon, he admits. The jumbo market is almost exclusively portfolio lending at this time, meaning lenders have enough capital to hold the jumbos on their balances sheets. Big banks such as Wells Fargo (WFC: 29.34 +1.00%), Bank of America (BAC: 7.26 -0.55%) and Citigroup (C: 30.48 +0.33%), as well as real estate investment trusts like BlackRock (BLK: 187.45 -0.22%) and Annaly Capital Management (NLY: 16.94 +0.36%), dominate the market in terms of volume. Millon estimates that these portfolios could absorb $400 billion alone in 2011.

Millon said jumbo loan securitization lies dormant because there simply aren't enough jumbo loans being originated. In 2010, there were only $82 billion non-agency jumbo loans originated, according to data from Inside Mortgage Finance. That figure is down from a 2003 peak of $650 billion.

Millon said he expects to see a jumbo residential mortgage-backed securities market manifestation by the end of 2011, "but certainly not a resurgence." The resurgence will come, he said, when macroeconomic factors such as unemployment play in the mortgage market's favor.

Stay tuned for the upcoming edition of HousingWire to hear from other industry movers and shakers on their thoughts about the jumbo mortgage market.

Write to Christine Ricciardi.

Follow her on Twitter @HWnewbieCR.

Disclosure: The author holds no relevant investments.

Tuesday, February 15th, 2011

Two Las Vegas property owners say the Federal Deposit Insurance Corp. is at risk of violating their constitutional rights by foreclosing on properties that are still the subject of unresolved tort claims.

The case comes at a time when the FDIC's role as the fixer of "too-big-too-fail" financial firms is only growing.  The recent Dodd-Frank Act, which was drafted after the 2008 financial meltdown, outlined a process for appointing the FDIC as both the receiver and liquidator of financial firms that pose a risk to the overall economy.

Yet, the Las Vegas plaintiffs contend the regulator's power is at times "draconian."

The plaintiffs in the case — Vegas Diamond Properties LLC and Johnson Investments LLC — say the FDIC took over properties that they have an ownership stake in when it seized troubled lender, La Jolla Bank FSB.

Prior to the failure of La Jolla Bank, the plaintiffs filed a suit against the lender over a series of loan transactions that they claim were handled fraudulently and negligently.

Because the underlying tort claims against La Jolla are still unresolved, the plaintiffs are asking the Ninth Circuit to rule that the FDIC's authority to sell off La Jolla's assets is trumped by the plaintiffs' constitutional property rights, allowing them to stall any sales. The plaintiffs say without the property, they have no chance at a real recovery if they succeed in the underlying tort claims.

While a district court already granted the plaintiffs a 30-day stay that expires Feb. 26, Vegas Diamond and Johnson Investments say without an injunction, the FDIC will be free to rid itself of the properties before the underlying case can be heard.

Write to Kerri Panchuk.

Tuesday, February 15th, 2011

The slow and deliberate pace of Dodd-Frank implementation continues, as the issues are complex and do not lend themselves to easy solutions, the head of the Securities and Exchange Commission testified Tuesday.

Mary Schapiro said the agency plans to issue new standards for the over-the-counter derivatives market in the coming months, specifically regarding the operations and governance of clearing agencies in the space. Rules establishing how and when security-based swaps participants register and file with the SEC, as well as fixed definitions of swaps, security-based swaps and mixed swaps will be laid out.

OTCs are not listed on any exchanges, as the agreements are mutually made between two parties. A form of OTCs, credit default swaps, were used as credit enhancement for mortgage-backed securities during the boom years. The insurance CDS provides, however, proved to be insufficient to hedge against investor losses in the MBS space. When defaults began to rise in mid-2008, CDS firms could not keep up and some went out of business. Regulators wish to change that through reform.

Schapiro told the House Financial Services Committee "there are unique challenges involved in imposing a comprehensive regulatory regime on existing markets, particularly ones that until now have been almost completely unregulated."

She said the notional value of the OTC derivatives market has grown to $600 trillion since the first swap agreement was signed in the early 1980s. Yet the market and all its machinations were excluded from Commodity Futures Modernization Act of 2000.

Now, Dodd-Frank mandates oversight of the market, including clearing of swaps, the operation of security-based swap execution facilities and data repositories, capital and margin requirements, business conduct standards for dealers and major participants among other things.

Federal Reserve Gov. Daniel Tarullo also testified that the Fed has worked closely with the SEC and Commodity Futures Trading Commission to help shape the new OTC rules.

Tarullo said the Fed also is working with international groups to develop a consistent "approach to the regulation and supervision of derivatives products and market infrastructures, as well as to the sound implementation of the agreed-upon approaches." He said capital and margin requirements are central to regulating financial institutions.

"Banking organizations with deposit insurance or access to the Federal Reserve's discount window will have to reorganize some of their derivatives activity, pushing certain types of swaps out of subsidiary banks and into separate legal entities that will require separate capitalization and separate documentation of trades with existing customers," Tarullo said.

Schapiro also expects the new regulation to increase disclosure on swaps, improve transparency and reduce counterparty risk.

The SEC already outlined its proposals to mitigate potential conflicts of interests at security-based swaps clearing agencies, execution facilities and exchanges. And also proposed rules to combat fraud and manipulation in the marketing of security-based swaps, using the same set of standards that apply to all securities.

In November, Schapiro said the era of "light-touch" regulation is over and the SEC no longer trusts the market to self-correct. The agency also recently named Stephen Cohen associate director of its enforcement division.

Write to Jason Philyaw.

Tuesday, February 15th, 2011

The Federal Housing Administration is increasing its annual mortgage insurance premium one quarter of one point on all 15-year and 30-year mortgages backed by the agency.

The hike is in response to a congressional mandate that gave the FHA permission to increase premiums and keep its insurance fund liquid. The higher premiums also were outlined in President Obama's 2012 fiscal budget, which estimates the FHA will insure $218 billion in loans during the 2012 fiscal year. The changes will effect loans issued on or after April 18.

Once the change takes place, the monthly insurance premium paid on a 30-year, fixed-rate FHA-insured loan will increase by $33.

On loans with amortization terms greater than 15 years, the FHA's annual mortgage insurance premium will increase to between 110 and 115 basis points. For loans with amortization terms of 15 years or less, the annual premium is set to rise between 25 and 50 basis points.

After the transition, a borrower holding a 30-year, fixed FHA-insured loan valued at $163,000 will be paying $151 per month in premiums, compared to $118 under the current rates.

"After careful consideration and analysis, we determined it was necessary to increase the annual mortgage insurance premium at this time in order to bolster the FHA’s capital reserves and help private capital return to the housing market,” said FHA Commissioner David Stevens in a statement. "This quarter point increase in the annual MIP is a responsible step toward meeting the congressionally mandated 2% reserve threshold, while allowing FHA to remain the most cost effective mortgage insurance option for borrowers with lower incomes and lower down payments."

The FHA also has relaxed some of its refinancing rules, declaring in a letter Monday that borrowers no longer have to be employed to get a streamlined refinancing.

In addition, the agency said on simple-rate refinancings where borrowers pay for their own closing costs with cash or higher rates, income and asset information is no longer required, which allows the refinancing to be completed with an abbreviated loan application. The changes go into effect 60 days after the official release of the FHA's letter on Feb. 14.

Meanwhile, tighter lending rules remain in place for refinancing loan holders, with the FHA stipulating that closing costs cannot be financed for a simple rate without an appraisal.

The agency also said in order for homeowners to qualify for a refinancing, the monthly cost of their new loans must save them at least 5% or more. In addition, a borrower must be current on the loan a month prior to the refinancing.

Write to Kerri Panchuk.

Tuesday, February 15th, 2011

A new partnership between Lenders One Mortgage Cooperative and DocVelocity hopes to arm up to 180 mid-sized mortgage lenders with a simplified, affordable electronic loan management systems. The partnership is looking to increase the competitiveness of the smaller firms with the big four mortgage lenders by decreasing loan processing turn-around-times.

DocVelocity is a product of Paperless Office Solutions Inc., a subsidiary of Flagstar Bancorp (FBC: 0.6759 +2.41%). The DocVelocity loan processing product allows lenders to manage mortgages online from the point of origination.

Lenders One is a national alliance of community mortgage bankers that will now be able to deploy the DocVelocity electronic loan management product to its 180 members.

The mid-sized mortgage lenders that make up Lenders One's ranks are responsible for originating up to $77 billion in loans during fiscal 2009.

Using the systems, originators will gain more control over their loans by having constant access to data related to compliance and risk issues, Lenders One said.

"Our goal is to continually provide members with opportunities to expand and diversify their business," added Scott Stern, CEO of Lenders One. "Imaging is a process  historically reserved for national lenders, but DocVelocity provides a platform that is more feasible for smaller and midsized lenders to deploy. Our members now have the ability to create their own paperless environment, which improves productivity and reduces costs to enhance their growth possibilities in any market."

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 »