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Archive for February, 2011

Tuesday, February 15th, 2011

The world's largest commercial real estate firm got even larger Tuesday morning.

CB Richard Ellis is buying three real estate investment management businesses from Dutch insurance conglomerate ING Group.

The move marks ING's desire to exit its real estate business.

"With these transactions we continue to deliver on our strategic objectives of reducing exposure to real estate, simplifying our company and further strengthening our capital base," said Jan Hommen, CEO of ING Group.

CB Richard Ellis is paying $940 million for ING REIM Europe, ING REIM Asia and Clarion Real Estate Securities.

Clarion is ING REIM's U.S.-based manager of listed real estate securities.

However, CB Richard Ellis will not acquire ING’s U.S.-based private market real estate investment management company. ING is selling that unit to New York private equity house Lightyear Capital for $100 million.

ING Real Estate Development and ING Real Estate Finance are not impacted by the transactions disclosed in Tuesday's announcement and will continue to be part of ING Bank.

According to the CB Richard Ellis' website, the firm plans to finance the acquisitions with ready cash and its secured credit facility, representing about $1.15 billion in value.

Following the completion of the acquisitions, CB Richard Ellis’ net debt is expected to be less than 2.25 times EBITDA, as calculated under its secured credit facility, well within its 3.75 times maximum allowable covenant leverage ratio.

Write to Jacob Gaffney.

Follow him on Twitter @JacobGaffney.

Tuesday, February 15th, 2011

Foreclosures in some markets are on the rise, according to one survey of courthouse auctions. However, the numbers do not indicate a peak in foreclosure sales has been reached.

"Despite months of slow sales, we've simply returned to prior levels, which to me indicates banks remain reluctant to aggressively foreclose despite the time it takes to foreclose being at or near record levels," said Sean O'Toole, founder and CEO of ForeclosureRadar. "And large inventories of properties [are] still scheduled for foreclosure sale."

Foreclosure auction sales grew as much as 50% in some states during January as foreclosure moratoriums came to an end, sending hundreds of distressed properties back to the auction block, foreclosure data firm said Tuesday.

"While the increase is significant, we've seen larger surges after moratoriums or delays have played out in the past," said O'Toole in an email. "For example in California after the delays caused by Senate Bill 1137 we saw a surge in Notice of Default filings that far eclipsed any prior period. That is not the case here."

In Arizona, notice of trustee filings jumped 10.9% between December and January, the first increase recorded in six months. Foreclosure sales in Arizona also spiked with ForeclosureRadar recording a 56.2% rise in the number of homes sold back to the bank. The southwestern state also experienced a 52.7% increase in foreclosure sales to third-parties on a month-over-month basis in January.

California — one of the state's hit the hardest by unemployment and falling real estate prices during the recession — saw its back-to-bank foreclosure sales jump 51.1% between December and January. Sales of foreclosed homes to third parties in California also rose 52.8%.

The Golden state reported a 6.9% rise in notice of default filings on a month-of-month basis, reversing a four-month decline in new defaults. At the same time, notice of trustee sale filings in California dropped 13.8%, turning one negative trend positive.

Oregon and Washington also recorded back-to-bank foreclosure sale increases of 33.4% and 54%, respectively. In terms of sales to third parties, Oregon noted a 70% jump in activity, compared to a 23% jump in Washington.

Write to Kerri Panchuk.

Monday, February 14th, 2011

Leaders of the Federal Housing Finance Agency and Fannie Mae will testify before a House subcommittee Tuesday defending more than $410 million in legal fees spent at Fannie and Freddie Mac since entering conservatorship in September 2008.

In January, Rep. Randy Neugebauer (R-TX) released data detailing legal fees spent for officials who led Fannie and Freddie before, during and after the financial crisis.

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. Combined, both companies spent more than $57 million in legal fees for executives since conservatorship. Fannie's share was $51.7 million, and Freddie's was $5.7 million.

But FHFA Acting Director Edward DeMarco, who cleared the spending, said idemnification of these funds "greatly assists" with the company's ability to attract and retain personnel by protecting them from lawsuits, according to his written testimony submitted to the subcommittee on oversight and investigations, chaired by Neugebauer.

DeMarco said an idemnification can be denied if the lawsuit brings up violations that do not fit the company's bylaws or if the defendant admits to wrong doing during administrative or regulatory proceedings.

"For its part, FHFA has reminded the enterprises operating in conservatorship that they need to manage legal expenses effectively and where possible seek to reduce such expenses as they operate with the support of the federal government," DeMarco said.

Fannie Mae CEO Michael Williams also explained the complexities and sheer volume of lawsuits facing his company in his written testimony. But Williams also said the company is "obligated" under its bylaws to pay certain legal expenses to current and former officers.

"Where they apply, the company’s obligation to advance legal expenses is always mandatory. If Fannie Mae were to refuse to honor this obligation, we would undoubtedly be sued and likely be subject to additional costs," Williams said. "Corporations throughout America make provisions similar to ours in order to attract and retain strong and experienced officers and directors."

One of these lawsuits is brought on by Ohio Attorney General Mike DeWine, who is suing Fannie in a class-action lawsuit on behalf of the Ohio Public Employees Retirement System, the State Teachers Retirement System of Ohio, and other investors claiming fraud.

"Fannie Mae continues to deny liability, dragging out the current litigation – billable hour by billable hour – and bleeding Americans so far, by Fannie Mae’s own admission, of at least $132 million for its legal fees," DeWine said in his testimony.

The Obama administration released a white paper on Feb. 11 to provide options to Congress on how it would wind down Fannie Mae and Freddie Mac, but in his budget for the 2012 fiscal year, the administration estimates the two companies will cost taxpayers $73 billion by 2021.

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

Write to Jon Prior.

Follow him on Twitter: @JonAPrior

Monday, February 14th, 2011

The Treasury's goal of not shaking up the mortgage finance market with its proposed GSE reforms may hold steady, as Fitch Ratings Monday reaffirmed the GSEs' long- and short-term default ratings.

The ratings agency said the reforms proposed Friday will greatly impact Fannie Mae and Freddie Mac, though not for a long time. Additionally, Fitch is confident policy makers will make further changes to the plan, which means the process of reform will take a longer period of time, resulting in more stability for the GSEs in the short term.

Analysts' confidence grew on reports from the Treasury saying the Obama administration is confirming its ongoing support of Fannie and Freddie. Both institutions have mortgage guarantee and debt obligations that carry on for at least 30 years, Fitch said Monday.

Therefore, the ratings agency plans to maintain Fannie and Freddie's long and short-term issuer triple-A default ratings. It also reaffirmed the GSEs' long-term senior debt rating at triple-A.

Fitch said the reforms proposed last week — which include the development of national servicing standards and refinements in mortgage servicing practices — will ultimately help investors in the residential-mortgage backed securities markets.

"Each of these proposals is a potential catalyst for an eventual increase in issuance of private label U.S. RMBS," said Kevin Duignan, a managing director at Fitch. "The proposals also increase the likelihood that a U.S. covered bond market will develop in the mid-term."

Write to Kerri Panchuk.

Monday, February 14th, 2011

The rate of delinquencies within commercial mortgage-backed securities topped 9% for the first time in January although the number of delinquent loans fell for the third month in a row, according to Moody's Investors Service.

Analysts said the agency's delinquency tracker rose 22 basis points last month to 9.01% from 8.79% in December. There are now 4,052 delinquent loans in CMBS worth $55.7 billion, according to Moody's. For the last month of 2010, there were 4,104 delinquent loans worth about $54.9 billion.

The balance of delinquent loans rose by $840 million in January, analysts said. Some 261 loans worth $4.4 billion went from current to delinquent and 343 loans valued at $3.6 billion moved back to current, or were worked out or disposed of during the month.

"This is the second largest monthly amount to leave delinquency in the past year and continues the recent trend of loans leaving delinquency at a faster pace," Moody's said.

The addition of several multistate portfolios hurt the delinquency rate in multifamily properties in January. This property type saw more than $1 billion worth of loans become delinquent last month.

The amount of delinquent loans not attributable to one region doubled to $1.85 billion from $915 million in December, according to analysts. Meanwhile, the East is still the worst performing region in this property type with 19.43% delinquency rate. In the South, the rate is 14.73% and 11.11% in the West. Those three regions experienced an increase in the rate of delinquencies during January, while the rate fell 21 basis points in the Midwest to 8.04%.

Write to Jason Philyaw.

Monday, February 14th, 2011

The president's budget provides $48 billion to the Department of Housing and Urban Development for fiscal 2012, up $900 million from the year before. After receipts, however, funding for the department will be $42 billion, down $1.1 billion from the net levels in fiscal 2011.

Funding for several programs will be reduced. The budget cuts $300 million from the now $3.7 billion Community Development Block Grant program, which provides annual awards to local government and states to address community development needs.

The budget for housing counseling through HUD and NeighborWorks was cut by more than half to $168 million for the fiscal year, down from $338 million in 2010.

The White House expects that the Federal Housing Administration will insure $218 billion in mortgages through the fiscal year 2012, maintaining its 38% share of all homebuyers. In 2004, that was at a record low of 4%.

While the Obama administration made cuts to some areas of HUD, it increased the amount of funding by $577 million for homelessness programs.

"In this constrained fiscal environment, increases were made only for the neediest Americans," Obama said in the budget.

Still, Obama's reduction in funding to HUD isn't the most severe proposal. At the end of January, Sen. Rand Paul (R-Ky.) introduced a bill to cut all funding to HUD as part of a $500 billion purge of government spending in his proposal.

Write to Jon Prior.

Follow him on Twitter: @JonAPrior

Monday, February 14th, 2011

Many affordable housing advocates are asking the Treasury Department to focus on a proposal within its Fannie Mae-Freddie Mac escape plan that will protect the multifamily property segment by expanding the Federal Housing Administration's role in servicing multifamily loans.

The multifamily segment of the market currently benefits from the GSEs ability to insure loans that help fund apartment housing. The GSE role in this segment and the threat of drastic reforms on Friday prompted the National Multi Housing Council to advise policy makers to exercise caution when outlining reforms that could impact the GSEs' ability to insure multifamily loans.

"Quite simply, the GSEs' multifamily programs are not broken," the National Multi Housing Council said. "They have default rates of less than one percent and they actually produce net revenue (profits) for the U.S. government. They pose no risk to the taxpayer. But they — and the nation's supply of workforce rental housing — stand at risk of becoming a collateral victim of the single-family meltdown."

But Michael Cox, director of the O'Neil Center for Global Markets and Freedom at Southern Methodist University's Cox School of Business, is among the critics who say the inherent problem with GSEs is that they create uncommon risks for taxpayers by insuring loans at rates which are not in line with real market prices. Cox says the GSEs in general – whether in the multifamily or residential segment – were able to offer the competitive rates simply because of government backing that hooked taxpayers to the risk.

As far as moving housing finance back to the private sector he says "it's great for the market in the long run and will protect taxpayers from a too-big-too-fail society."

Meanwhile, the National Multi Housing Council says on the multifamily side, the GSEs have been the only stable source of liquidity to the multifamily segment since 2008.

"Over the past 40 years, there have been numerous occasions when the private sector has been unable or unwilling to finance multifamily loans," the NMHC said. "A federally backed secondary market with an explicit federal government guarantee is absolutely critical to our industry's continued health. Without the GSEs, from 2008 through 2010, there would have been widespread foreclosures of otherwise performing apartment properties because owners would have had no capital source to refinance maturing mortgages."

As of this week, Freddie Mac showed no signs of slowing down in the multifamily sector. The GSE said Monday it plans to offer $861 million of newly-issued pass-through certificates backed by 44 recently originated multifamily mortgages.

Write to Kerri Panchuk.

Monday, February 14th, 2011

Merscorp Inc., operator of the electronic-registration system that contains about half of all U.S. home mortgages, has no right to transfer the mortgages under its membership rules, a judge said.

U.S. Bankruptcy Judge Robert E. Grossman in Central Islip, New York, in a decision he said he knew would have a “significant impact,” wrote that the membership rules of the company’s Mortgage Electronic Registration Systems, or MERS, don’t make it an agent of the banks that own the mortgages.

“MERS’s theory that it can act as a ‘common agent’ for undisclosed principals is not supported by the law,” Grossman wrote in a Feb. 10 opinion. “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.”

Monday, February 14th, 2011

Thirty-nine percent of employees at nonperforming loan investor Kondaur Capital received pink slips Monday morning.

The layoffs — 155 of the company's 398 employees — will become effective on April 18 unless banks start freeing up nonperforming loans for sale.

Kondaur Chief Executive Jon Daurio said his company is having a difficult time sourcing nonperforming mortgages for purchasing. He blamed robo-signing and other servicing issue as gumming up the works.

He believes banks also may be holding onto the loans thinking that prices may begin to see improvement.

"In the long run, kicking the can further down the road on distressed property sales will only depress prices further," he said. "The country needs to rip the band-aid off and let the healing begin. The depth and length of house price declines would be more shallow than what is currently happening if we could begin to earnestly begin working through this unbelievable backlog of bad loans," he added.

Should the housing market reverse course, and banks start to unload inventory, then he may be likely to rescind the termination notices.

Write to Jacob Gaffney.

Follow him on Twitter @JacobGaffney.

Monday, February 14th, 2011

Rep. Darrell Issa (R-Calif.) has asked the Financial Crisis Inquiry Commission to turn over evidence it gathered during its investigation.

The FCIC released a report in January detailing its conclusions on what caused the financial crisis of 2008. From interviews with more than 700 witnesses and 19 public hearings, the commission blamed Wall Street and its regulators for missing the "avoidable" collapse.

Now, the FCIC has apparently hired outside legal counsel, and instructed employees to notify management and lawyers of any specific requests from Issa for those interviews, e-mails and documents acquired through the investigation, according to an e-mail obtained by HousingWire. Issa is chairman of the House Committee on Oversight and Government Reform.

According to the FCIC, staff had to sign confidentiality and nondisclosure agreements, but they do not prevent the staff from complying with requests authorized by a committee in the U.S. Congress.

Still, Issa sent a letter to Phil Angelides, chairman of the FCIC, on Feb. 10 raising concern about the hiring of outside counsel.

"I am concerned that the FCIC has taken these actions to chill or delay the cooperation of its current and former staff with this committee's investigation," Issa wrote.

The name of the outside counsel could not be immediately be confirmed to HousingWire.

The FCIC's report was hardly a consensus and drew critics even within the commission. One dissenter blamed U.S. housing policy for the crisis while the other three Republicans pointed to "shock and panic" in the markets in September 2008.

Write to Jon Prior.

Follow him on Twitter: @JonAPrior



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