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Archive for February, 2011

Wednesday, February 23rd, 2011

Foreclosure sales continued to account for more than 20% of all U.S. home sales in the fourth quarter and fiscal year 2010, foreclosure data firm RealtyTrac said Thursday.

The Irvine, Calif.-based data firm said foreclosure sales made up 26% of all home sales last year, down from 29% in 2009, but still higher than 2008 levels when foreclosures accounted for roughly 23% of all home sales.

Buyers who acquired foreclosures in 2010 also benefited from a steep discount, with foreclosed homes selling 28% below the average price of non-distressed properties. Foreclosure sales a year earlier were selling 27% below the average sales price.

At the same time, the actual sales volume of properties not in distress declined 19% between 2009 and 2010 and 27% from 2008.

When looking at just the fourth quarter, the nation had 149,303 foreclosure sales during the period, a 22% decline from the third quarter and a 45% drop on a year-over-year basis. This decline occurred despite RealtyTrac recording a 21% monthly uptick in foreclosure sales during the single month of December.  Foreclosure sales for the entire fourth quarter, accounted for 26% of total home sales in the period, with properties selling 28% below the price of non-foreclosures.

“Foreclosure sales in the fourth quarter faced the twin headwinds of the expired homebuyer tax credit — which began to stifle sales volume during the third quarter — and the foreclosure documentation controversy, which hit in the fourth quarter and temporarily froze sales of foreclosures from several major lenders,” said James Saccacio, chief executive officer of RealtyTrac. “Given those factors, it’s not surprising that in the fourth quarter foreclosure sales volume hit its lowest level since the first quarter of 2008."

Saccacio noted that foreclosure sales are expected to pick up in 2011 — a blessing and a curse for the housing market.

“The catch-22 for 2011 is that while accelerating foreclosure sales will help clear the oversupply of distressed properties and return balance to the market in the long run, in the short term a high percentage of foreclosure sales will continue to weigh down home prices.”

Write to Kerri Panchuk.

Wednesday, February 23rd, 2011

Fannie Mae released more details of its new mortgage servicer evaluation program Wednesday afternoon, ultimately laying out plans to align the grades with compensation.

The government-sponsored enterprise announced Wednesday at the Mortgage Bankers Association Servicing conference its new two-part Servicer Total Achievement and Rewards (STAR) program. The system is designed to both improve servicing practices for Fannie Mae borrowers and reward servicers that do their job well.

STAR includes an evaluation of a servicer's internal business practices, such as borrower outreach and timeline management, and measures their effectiveness on a scorecard.

Fannie Mae's scorecard gauges a servicer's effectiveness based on criteria in four areas: roll rates, solution delivery (how many homeowners were helped), workout effectiveness (how many workouts are sustainable) and timeline management.

Based on a rating out of five stars, with five being an outstanding performance, Fannie Mae will reward its servicers. Senior Vice President of the firm Jeff Hayward said Fannie Mae plans to align servicer compensation with the rating system. Leslie Peeler, vice president of Servicing Portfolio Management, said other financial incentives may be implemented as part of this program.

Fannie Mae will address concerns over any servicer that receives less than three stars through its established portfolio management practices. But it's nothing outside of normal protocol, Fannie executives said.

Fannie Mae servicers will receive scorecards on a quarterly basis and Peeler anticipates the first to be delivered during first quarter of 2012.

The panel also mentioned that new reporting requirements will be put in effect with this program, but none have been set yet.

Write to Christine Ricciardi.

Follow her on Twitter @HWnewbieCR.

Wednesday, February 23rd, 2011

Servicers are moving toward a proactive approach in pursuing short sales as an alternative to foreclosure, servicers on a Mortgage Bankers Association panel said Wednesday.

A component and specialty servicer, meanwhile, predicted that short sales could increase 50% industrywide this year. Buffalo, N.Y.-based AMS Servicing told HousingWire that the projected increase is due largely to changes in the Obama administration’s Home Affordable Foreclosure Alternatives, or HAFA, program that opens up eligibility to a larger group of homeowners. AMS has determined through analysis of its 2010 short sale metrics that as many as 91% of previously ineligible borrowers might now be eligible for the HAFA short sale program.

To make short sales a success, outreach is critical, panelists on a short sale and deed in lieu panel at the MBA’s National Servicing Conference & Expo. In the past, servicers were more reactive than proactive when it came to short sales, looking at potential short sales that were brought to them, but not pursuing them ahead of time. But that is changing, said panelists who discussed trends in short sales.

"Power of denial is very sharp for someone losing their home," said David Sunlin, senior vice president at Bank of America (BAC: 7.26 -0.55%). Borrowers want to do the right thing, Sunlin said, and it’s important for servicers to guide the borrower through to the end, whether it’s a short sale or a deed in lieu.

"We need to get these short sales done in a timely fashion. A short sale today is a lot better than it was six months ago," said Abel Fregoso, vice president and national field short sale manager for Wells Fargo (WFC: 29.35 +1.03%).

The Treasury Department took action in December eliminating some rules it said have held back short sales through the HAFA program. HAFA no longer asks for income verification, unless the borrower is less than 60 days overdue on the mortgage. This means that borrowers who previously were deemed ineligible because their income was too high, may now qualify for a HAFA short sale, said Jim DePalma, executive vice president, default management at AMS Servicing, in an interview after the panel concluded.

David Sunlin said changes to the program are seen as positive by servicers. It works best, he said, when used pro-actively, by helping the borrower market the property instead of having the borrower come to the servicer with a buyer in hand.

HAFA was launched in April 2010 to provide an incentive to servicers and investors for pursuing short sales and deeds-in-lieu of foreclosure. The program was designed for homeowners who fell out of the Treasury's Home Affordable Modification Program, or HAMP.

Servicers on the panel said they expect the changes in HAFA to encourage more participation in the program.

But the incentive for borrowers to short sell their home can be challenging when it can take up to two years or more to complete a foreclosure. The ability to stay in the home without paying the mortgage may lessen the incentive to participate, panelists said.

As for deeds in lieu of foreclosure, Fannie Mae has looked at them with some sort of incentive at the end of it, such as a few months with reduced rent or no rent, said Beverly Wilbourn, vice president of preferred loss mitigation strategies for Fannie Mae. The key is to engage the borrower earlier and keep them engaged in order to avoid a foreclosure, she said.

"Offer them a way to transition from a very difficult financial circumstance," she said. "Get to the homeowner and talk them through to life after this horrific situation."

But, Wilbourn added, "You don’t want to go out and tell everyone to go do a short sale or do a deed in lieu." The GSE wants to be sure that it is a viable option and the right alternative to foreclosure.

Short sales that have either second liens or mortgage insurance can be more challenging, said Leo Esposito, first vice president of loss mitigation and asset disposition services at ServiceLink, a unit of Fidelity National Financial (FNF: 18.33 +0.44%). But that’s not to say they can’t be done, he said.

The seller may have to make a contribution or sign a note for a short sale with a second lien or with mortgage insurance for the sale to go through, said Wells’ Fregoso.

John Will, director of component servicing with Fannie Mae, said the GSE is looking at ways that it can do a better job at short sales. The goal, he said, is to speed the process. It is taking all the best practices it can find to further cut the time it takes to get a short sale done.

"We are trying to cut the timeline in half," he said. The goal is to get to the first offer faster and provide a response because it it goes to a second or third offer, those are generally for less money, he said.

Many borrowers, however, are still in a retention mindset when it comes to their home, Esposito said. If they are not eligible for foreclosure mitigation, then Esposito said its company focuses on a "door-knocking" campaign to encourage a short sale.

Write to Kerry Curry.

Follow her on Twitter @communicatorKLC.

Wednesday, February 23rd, 2011

What's next for default servicing attorneys, property appraisers, home preservation experts and other mortgage servicers as they prepare for an onslaught of federal reforms and a backlogged foreclosure inventory?

That's the question on the minds of many mortgage servicing professionals who attended this year's MBA National Mortgage Servicing Conference & Expo in Grapevine, Texas.

HousingWire.com reporters interviewed several industry leaders on camera inside the expo hall Wednesday morning.

Most are optimistic the industry will be able to meet the demands of regulators as sweeping regulatory changes begin to mortgage servicers nationwide.

Here's a sampling of what's on the mind of servicing professionals who are evaluating the year ahead:

Wednesday, February 23rd, 2011

Freddie Mac officials plan to increase the frequency of interaction and dialogue with mortgage servicers as the government-sponsored enterprise tries to maximize credit recovery, reduce foreclosure timelines and help keep borrowers in their home.

"Timing and transparency. You're going to hear it a lot," Stephen Clinton, vice president of loan administration and operations management at Freddie Mac, told attendees of the Mortgage Bankers Association Servicing conference in Grapevine, Texas, Wednesday.

The company is in the final stages of launching a new scorecard to rate mortgage servicers, eliminating the tiered structure used previously.

Tracy Mooney, senior vice president of servicer relationships and performance management at Freddie, said the scorecard will help set goal and objectives for 2011 using some new metrics, particularly for nonperforming loans. There won’t be any changes to performing loan metrics, and Mooney said some of the metrics used by Freddie haven't been updated since 2008.

For nonperforming loans, Freddie will be placing additional emphasis on collection activity and how well a servicer is at finding solutions to keep people in their homes, Mooney said. Another place of increased emphasis is data integrity.

In some cases, "we think we have one set of facts and you're telling us you have another set of facts," Mooney said. "It’s all about good data. It all starts with good data."

Freddie officials said they've formed dedicated account teams for large servicers and regional shops, as well, with plans to increase compliance reviews and provide "transparent fact-based feedback."

"Our oversight is going to increase and it will help you increase your compliance and improve your score on the scorecard," Clinton said. "We want to help you with clear instructions. We need to simplify and demystify some procedures. Our push is in the loss-mitigation space. We want you to get out to borrowers as soon as possible."

Mooney said Freddie continues to improve it processes and enhance technology as it promotes responsible lending with the ultimate goal of keeping people in their homes.

"We want to make relationships matter," she said. "We've been told we have not hit the mark in this area before."

Clinton admitted Freddie Mac "got overwhelmed" by the level of foreclosures over the past few years, but the GSE is "aggressively trying to catch up…and make doing business with us easier."

Chris Bowden, vice president at Freddie Mac's HomeSteps program, is tasked with overseeing the disposition of homes the GSE acquires through foreclosures.

He said 2011 will be another record-setting year for REO volume and everyone needs to build the capacity to handle that. Bowden stressed the need to properly value a property.

"We need to get back to basics and do the right thing in regards to product and price," Bowden said. "Getting the values right on our property isn't just good for REO real estate, but it's good for all real estate regardless where it is in the process. It is critical to have the right value. This is not rocket science here."

Freddie Mac also is moving off the MIDANET system to a new web portal that officials stressed servicers need to be ready for as soon as possible. Migration to the new system starts in April and Freddie wants everyone using the new portal for document submission before the end of the year. Clinton said Freddie is adding staff and enhancing its imaging technology as it attempts to improve work flow processing times.

Write to Jason Philyaw.

Wednesday, February 23rd, 2011

Data and technology provider CoreLogic (CLGX: 14.56 +0.62%) began offering a new property report for mortgage servicers and lenders to monitor ZIP code-level valuations using multiple listing service data.

CoreLogic began approaching MLS organizations, who traditionally hold on tightly to their data, through a revenue-sharing program called Partner InfoNet. CoreLogic employees have so far closed roughly 30 contracts with these organizations and are targeting the top 200 markets in the country. They currently have three of the top 10.

"The reports will be used specifically for the pre-funding and risk management processes," Elaine Therrien, CoreLogic's director of data and analytics, told HousingWire Wednesday at the Mortgage Bankers Association National Servicing Conference. "The reports still protect the MLS exclusivity."

Lenders and servicers can use the product for monitoring home price changes, foreclosure rates, days on market and REO ratios when managing their portfolios, Therrien said.

For servicers looking to anticipate what loans will fall into delinquency, Therrien added that valuation data from the reports could signal which borrowers are heading into negative equity, one of the clearest flags of imminent default.

Write to Jon Prior.

Follow him on Twitter: @JonAPrior

Wednesday, February 23rd, 2011

Wednesday at the Mortgage Bankers Association Servicing conference in Grapevine, Texas, attorneys from around the country came to enlighten servicers and lawyers alike on new trends in litigation surrounding the servicing industry. What they've noticed is an exponential spike in cases being brought against servicers across all targeted areas of litigation.

"Wrongful disclosure, deceptive trade practices, right of title, negligent representation, predatory lending, servicing transfers," said Anne Sutherland, executive vice president and general counsel at NationStar Mortgage. "As you all probably well know, contested foreclosure litigation is increasing."

As a result, she said delays in the foreclosure process, alongside servicer fees and attorney fees, are steadily growing.

Jennifer Monty, attorney with Weltman, Weinberg & Reis out of Cleveland, Ohio, spoke about a newer type of servicer litigation that just manifested in the last two years. President Obama's Home Affordable Modification Program and Home Affordable Foreclosure Alternatives program, she said, is the catalyst.

"Due to the amount of media coverage that both HAMP and HAFA received, borrowers feel they are entitled to mortgage modification under these programs," Monty commented. "And when that doesn't happen they end up filing litigation."

The issues in this department are far reaching and concern everything from fee disclosures under the Truth in Lending Act to wrongful denial of a trial modification. One thing Monty said that will be a priority for the Department of Justice going forward will be determining if these modifications are being rightfully granted or appropriately denied under the Equal Credit Opportunity Act.

"The DOJ will look at neighborhoods that are being denied modifications as well as other factors that could be in violation of this law," she said.

Cases concerning the Fair Debt Collection Practices Act on a federal basis have increased three-fold since 2006, as lawyers are using this statute as somewhat of a bandwagon business. According to Daniel Consuegra, managing partner with Floridian firm Law Offices of Daniel Consuegra, litigators on the consumer side are "looking for clients to sue us."

"Things don't look good," Consuegra commented. "Things have always been difficult, but we need to be careful and vigilant."

And he means it. Consuegra broke down the step-by-step process for typical loss mitigation. What was surprising, however, was the exact phone behavior and language servicers are required to comply with so as not to violate the FDCPA.

According to his presentation and panelist commentary, if servicers leave a message with their intention to collect debt and someone besides the targeted consumer hears the message, the servicer has violated third party disclosure requirements. If a servicer leaves a message on a borrower's cell phone, the borrower can claim the servicer used up minutes and cost the borrower money. Even if the servicer hangs up and the borrower has caller ID, the borrower can claim harassment based on the number of calls they received.

As servicer litigation increases, so do the amount that end in settlements, according to the MBA panel, which had mixed feelings about the trend. Monty said the amount of settlements in the industry is troubling because it gives consumers an incentive to bring a case against a servicer. But Consuegra sees them as an easy solution to what could be a lot of headache.

"You have to settle these cases," he said. "Settle fast. Settle often."

Write to Christine Ricciardi.

Follow her on Twitter @HWnewbieCR.

Wednesday, February 23rd, 2011

While it is no easy feat to determine if a homeowner defaulting on a mortgage is a strategic defaulter, it’s also no simple decision for servicers to decide whether to pursue a deficiency judgment against the homeowner.

Panelists on a strategic default session at the Mortgage Bankers Association’s National Mortgage Servicing Conference & Expo warned the audience to tread carefully.

Howard Crane, managing attorney for Fein, Such and Crane in New York, said the more financial information that a servicer has, the better equipped the company will be to determine whether it should seek a deficiency judgment — and whether it might be successful.

Servicers will also have to prove — or assert — the fair market value of the property, depending on the state, to pursue a deficiency judgment, he said. This can become a battle of appraisals in the courtroom, and servicers will need to be sure they hire an appraiser who has the ability to testify successfully on the witness stand, Crane said.

Michael Kaysen, managing director at PricewaterhouseCoopers and moderator of the session, said there is an increased willingness for investors to go to court to recoup outstanding mortgage debt from borrowers who strategically default.

But to pursue deficiency judgment “the stars have to align perfectly,” said Roxanne Lockett, group vice president of loss control for SunTrust Mortgage. The length of time and the cost to obtain the judgment, combined with the cost to pursue the recovery, if successful, must be considered, she said. SunTrust also looks at the borrower’s ability to repay, she said. “You also have to consider whether the borrower might file for bankruptcy” to protect his or her assets, Lockett said. Some borrowers who do have the ability to pay will come forward and offer to settle before a prosecution for deficiency occurs, and that is often a preferred method, she said.

Jim Davis, executive vice president of American Home Mortgage, said servicers must know their state laws. New York state, for example, gives servicers only 90 days to file for a deficiency judgment while some states allow up to two years to file.

“Servicers are trying to do the right thing in protecting their investors and getting money back for their investors,” he said.

“Servicers should push back and hold those borrowers accountable. I think it is time for us to do that. There seems to be this entitlement by borrowers,” Davis said. Because of the economy, the home values have gone down, and borrowers consider that to be the bank’s problem, he said. Davis disagrees. The borrower made the decision to buy the real estate thinking that the value would go up, he said, suggesting lenders shouldn't have to take the hit for the decline.

But servicers also have to be concerned about reputational risk — and getting on the front page if they make a mistake in pursuing someone who should not have pursued for a deficiency judgment, Davis said.

What is strategic default?

Not everyone even defines strategic default in the same way, but panelists were generally in agreement that it involves a borrower who has the ability to pay his or her mortgage but chooses not to. Often that decision is tied directly to the property being underwater — when the borrower owes more than what the home is worth.

How many strategic defaults are occurring also is the subject of much debate. Last week, Barclays came out with a report that suggested that strategic default estimates have been largely overestimated.

But Amit Seru, assistant professor of finance at the University of Chicago and a member of the panel, classified it as a growing and significant problem.

About 4% of defaults in 2004 were strategic defaults, and now 25% to 35% are, he said, basing those figures on various academic studies that used both survey-based and data-based methods to assess the problem. House price declines, coupled with higher credit scores and borrower wealth tend to increase the likelihood of strategic defaults, he said.

Seru said if servicers are able to separate out distressed defaulters from strategic defaulters, then they could use different strategies to handle each.

From the government-sponsored enterprise standpoint, Fannie Mae uses deficiency judgments as one method to discourage strategic defaults, said Steve Holden, vice president of credit loss mitigation analytics at Fannie Mae. The GSE relies heavily on its servicers to determine if a borrower is a strategic defaulter and then makes a determination whether to seek a deficiency judgment, he said. After the session, he told HousingWire that he was unable to comment on how many deficiency judgments the GSE has pursued.

Davis said he predicts that more and more servicers will begin to pursue judgments against strategic defaulters although Lockett said it still needs to be a case-by-case review on whether to go that route. Davis also said that servicers should sit down and negotiate with borrowers who want to do short sales to potentially collect a deficiency payment at that time.

Write to Kerry Curry.

Follow her on Twitter @communicatorKLC.

Wednesday, February 23rd, 2011

A Federal Reserve Bank of Cleveland research economist asserted Wednesday that the government may increase long-term housing sustainability by putting forward a homebuyer down payment assistance as opposed to interest rate subsidies.

O. Emre Ergungor’s calculations are based on findings of previous researchers who suggest that a 1% interest rate subsidy may create an additional 74,000 homebuyers, but downpayment assistance of $3,200 could increase homeownership by up to 541,000 over a long timeframe.

"We don't want people just to buy a house, we want them to keep their homes," said Ergungor.

However, Ergungor said these specific numbers carry a large margin of error and are not his recommendations.

“To make this simple point, my study assumes that the additional down payment comes from the government,” he said in his economic commentary. “But a higher down payment does not have to be in ‘assistance’ form in its entirety. In fact, one potential policy goal in the future could be to facilitate a return to the old strategy of saving to become a homeowner.”

A lower cost is not the only advantage of a down-payment program, he said. Researchers show the greatest barrier to low- and moderate-income homeownership is the lack of a down payment.

More people decide to become homeowners when the downpayment restrictions are eased than when mortgage rates are reduced.

According to the fiscal year 2010 budget, the U.S. government will spend $780 billion in tax expenditures over the next five years to subsidize housing through mortgage interest and property tax deduction, a small fraction of which will go to low- and moderate-income households.

Tax exclusion of interest on state mortgage revenue bonds will total some $5.8 billion over the next five years, he said.

“Historically, assistance has taken the form of either interest rate or down payment subsidies, but recent research suggests that down-payment subsidies are much more effective,” Ergungor said. “They create successful homeowners—homeowners who keep their homes—at a lower cost.”

Even after accounting for the cost of the additional new homebuyers, the downpayment program is still cheaper, he said.

The commentary also discussed tools to encourage saving for homeownership but said there were important issues to better understand before settling on a particular tool.

“Many new ideas are likely to burgeon out of the ongoing policy debate,” he said.

Ergungor focuses his research on financial intermediation, information economics, housing policy and credit access of low-moderate income households.

[Update: the Federal Reserve Bank of Cleveland did not intend to suggest Ergungor's report is connected to the now-expired homebuyer tax credit]

Write to: Shaina Zucker

Wednesday, February 23rd, 2011

Fannie Mae will launch a new program for evaluating the performance of its mortgage servicers over the next 30 days.

The Servicer Total Achievement and Rewards (STAR) program will gauge how servicers support the housing recovery and keep homeowners out of foreclosure. Fannie made the announcement at the Mortgage Bankers Association Servicing Conference & Expo in Dallas Wednesday.

Freddie Mac executives said it was finalizing a revamp for how it measures the performance of its servicers Wednesday as well. But their changes won't be fully implemented until the third quarter of 2011.

Servicers came under scrutiny following procedural problems that involved documentation errors and even short cuts in the foreclosure process, known as the robo-signing scandal. It touched off a series of investigations from federal regulators and attorneys general in all 50 states.

Fannie and Freddie's regulator the Federal Housing Finance Agency announced that it was working with those regulators to put together a new national mortgage servicing standard for the industry that would revamp how these companies are paid for servicing troubled loans.

Leslie Peeler, Fannie's vice president of servicing portfolio management, said the STAR program was created to promote transparency and to recognize those servicers that performed well.

Fannie will implement a scorecard similar to the one that will be used by Freddie. It provides monthly performance reports that notifies servicers on what they should work on. Top-rated companies will receive incentive rewards and recognition that will be made public.

"The efforts of servicers are critical to preventing foreclosures and providing homeowners assistance," Peeler said. "By creating measurable expectations for our servicers aligned with Fannie Mae's business objectives, we hope to sharpen servicers' focus and encourage them to continue to work with us toward our shared priority: keeping people in their homes."

Jay Bray, executive vice president of one of Fannie's servicers Nationstar Mortgage, said in the announcement that he supported the new assessment and rewards program.

"The STAR Program is an innovative approach in managing and evaluating mortgage servicers' performance, and we believe it will improve customer satisfaction and overall housing outcomes for struggling customers," Bray said.

Write to Jon Prior.

Follow him on Twitter: @JonAPrior



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