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Archive for March, 2011

Thursday, March 31st, 2011

The acquisition of subprime lender Countrywide Financial Corp. continues to plague Bank of America (BAC: 7.2518 -0.66%) with an onslaught of securities litigation.

An Alaska retirement fund fired off another round this week, claiming in a suit that its members sustained losses on BofA investments due to the bank's exposure to subprime loans.

The latest plaintiff — the Anchorage Police & Fire Retirement System — filed its securities complaint in the United States District Court of the Southern District of New York on Wednesday.

BofA had no comment on the lawsuit.

The system accuses the Charlotte-based bank of numerous securities violations, alleging the bank and certain officers "concealed material information and made false and misleading statements relating to the company's exposure to several forms of risk," the complaint said.

Those various forms of risk included the bank's exposure to faulty mortgages originated by Countrywide, BofA's knowledge that it had loans in the system it could not foreclose on, allegations of widespread mortgage servicing issues and the bank's alleged 'dollar rolling' practice through which it allegedly 'reduced reported leverage ratios while taking on more risk than it disclosed,' " the plaintiffs said.

The Anchorage Police & Fire Retirement System claims BofA made misleading statements about its financial situation and "repeatedly assured investors that Bank of America's exposure to repurchase demands was manageable and the company had adequately reserved for this exposure."

However, the retirement fund said shareholders saw BofA's stock drop 54 cents per share in October of 2010 after it was revealed investors holding $47 billion in Countrywide RMBS sent a buyback demand letter to BofA asking it to reacquire the securities. In addition, the company reported a net loss of $7.3 billion for the third quarter of 2010.

The retirement fund alleges BofA hid its financial risk level until The Wall Street Journal reported that BofA "had masked their risk levels for the previous five quarters by temporarily lowering their debt just before they reported their results," the lawsuit claims.

The Anchorage Police & Fire Retirement System suit is one of two investor lawsuits filed against BofA this week.

Earlier in the week, shareholders filed a different suit against BofA CEO Brian Moynihan, board of directors and other executives, claiming the leaders failed to disclose billions of dollars in hidden debt and improperly recorded mortgages.

Write to Kerri Panchuk.

Thursday, March 31st, 2011

Federal Housing Finance Agency Acting Director Edward DeMarco sounded off on a slew of Republican bills Thursday, claiming some are extraneous and vowing to work with lawmakers to tweak others.

On Tuesday, Republicans in the House of Representatives introduced eight bills that would reform the government-sponsored enterprises Fannie Mae and Freddie Mac. Each addresses issues from reductions to GSE retained portfolios to guarantee fees.

While Congress looks to take action on these issues, DeMarco said in a subcommittee hearing Thursday that reform will be a long process and that FHFA needs to be in the loop. He then diverged, addressing the recent risk-retention rules put out by regulators that exempted Fannie and Freddie. Many in the industry said the exemption contradicts the Obama administration's effort to wind down government involvement in the mortgage market.

But DeMarco said Fannie and Freddie, as they're currently structured, already own 100% of the risk.

"So, the proposed rule does not classify the loans as qualified residential mortgages (QRM), but it acknowledges that the risk retention by the enterprises is already complete," DeMarco said. "To impose such a requirement would add nothing further to the enterprises’ 'skin in the game' or credit risk exposure as they already have 100% of the credit exposure. However, such a requirement would require the enterprises to increase their portfolios by financing 5% of their mortgage-backed securities themselves."

One bill posed by Rep. Jeb Hensarling (R-Texas) would cap the current portfolios at Fannie and Freddie and lays out a plan for reducing them down. But DeMarco said the current conservatorship agreement provides for a 10% per-year reduction in the retained portfolios that was at $810 billion at the end of 2010. With Fannie at $789 billion and Freddie at $697 billion, DeMarco said both companies are on track to meet the new cap of $729 billion limit at the end of 2011.

"While some faster reduction of the enterprises’ retained portfolios may be possible, a congressional mandate for a significantly faster reduction could cost taxpayers unnecessarily, as some of the illiquid assets may recover some or much of their lost value over time," DeMarco warned.

DeMarco went to add that other bills the Republicans drafted are duplicative of FHFA's role. While under conservatorship, Fannie and Freddie are restricted from engaging in new business, regulations for new housing goals have already been set to mirror the industry's.

A bill requiring the inspector general of the FHFA to submit quarterly reports to Congress would reverse how reports are already arranged and that FHFA already reports on the GSEs voluntarily, DeMarco said.

DeMarco did support a bill from Rep. Randy Neugebauer (R-Texas) that would steadily increase the guarantee fee the GSEs charge for insuring payment on the mortgages it buys. He said FHFA has increased the price several times but he pledged to work with Congress to determine further changes.

Another bill from Republicans would suspend compensation packages at Fannie and Freddie, but DeMarco said "sudden changes in their compensation structure would put the management of those assets at risk and increase taxpayer exposure to greater losses."

He added that FHFA has reduced the GSE's compensation by 40% already to the level it was 12 years ago and will keep them at that level for 2011. On this proposal, DeMarco wouldn't budge.

"I understand and have sympathy for what might motivate such a proposal, but I must report to this subcommittee my firm view that such an action would, on balance, increase costs to taxpayers and risk further disruptions in housing market," DeMarco said.

When the Treasury Department released its white paper in February proposing to unwind Fannie and Freddie, two companies that have pulled $134 billion from the Treasury so far, Secretary Timothy Geithner warned the process would take between five to seven years. He added that in order to give investors and private-market players enough transparency, he asked Congress to act within two.

But House Financial Services Committee Chairman Rep. Spencer Bachus (R-Ala.) said Thursday that Congress must act now. Reviving the economy, he said, hinges on reform of the housing market.

“As recent statistics show, our housing markets remain very fragile. Housing is a tremendously important part of our economy and of consumer spending. We cannot revive the overall economy until we fix the housing market," Bachus said. "Congress must take action – thoughtful and deliberative action which we are starting with the introduction of a number of measures to immediately address the failures of Fannie Mae and Freddie Mac."

The House subcommittee hearing Thursday is considered the first step in that process to what DeMarco calls a world without the GSEs. In the meantime, he said each decision should be made to conserve the assets of these companies so that taxpayers can realize the greatest possible return.

"We do this with a clear expectation that at some time in the future Fannie Mae and Freddie Mac, as we have known them, will no longer exist," DeMarco said. "But we do not know when, or in what fashion, this will happen."

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Thursday, March 31st, 2011

JPMorgan Chase & Co. (JPM), the second- largest U.S. bank by assets, borrowed at least $5.9 billion from the Federal Reserve’s discount window over six months during the height of the financial crisis.

JPMorgan had previously disclosed it borrowed $500 million on Aug. 22, 2007, as similar loans were made to Bank of America Corp. (BAC) and Wachovia Corp. “to display the effectiveness of the facility,” according to a joint statement at the time. JPMorgan accessed the program at least four more times through April 2008, according to documents released today under a Freedom of Information Act request by Bloomberg News and Fox News.

Thursday, March 31st, 2011

Ron Phipps, president of the National Association of Realtors, criticized several government-sponsored enterprise reform bills introduced by Republican lawmakers this week, saying their introduction amounts to "moving too quickly."

While speaking at a House Financial Services Committee hearing on Fannie Mae and Freddie Mac, Phipps said, "today we will speak in opposition of the bills introduced because they represent a piecemeal approach to reforming the housing finance system, and effectively make Fannie Mae and Freddie Mac nonviable without putting forth an adequate replacement secondary mortgage market mechanism."

Rather than choking the life out of Fannie and Freddie at a rapid pace, Phipps said NAR supports a system where the GSEs would be replaced with government chartered, non-shareholder owned entities. He said those new entities would be subject to regulations on mortgage products, revenue and portfolio practices.

"Unlike a federal agency, the entities will have considerable political independent and be self-sustaining given the appropriate structure," he explained.

As far as how to best protect borrowers and taxpayers, Phipps said NAR believes reliance on mortgage insurance products when loans have a loan to value ratio of 80% or higher — or use of a government guarantee or fee –  would allow the system to work by providing an outlet for some of the risks.

Write to Kerri Panchuk.

Thursday, March 31st, 2011

The percentage of mortgages classified as seriously delinquent within the portfolios of large banks and thrifts fell in all four quarters of 2010, the Office of the Comptroller of Currency and the Office of Thrift Supervision said Thursday.

The percentage of seriously delinquent mortgages at Dec. 31 dropped to a level not seen since the second quarter of 2009. The report defines seriously delinquent mortgages as those 60 or more days delinquent or delinquent loans to bankrupt borrowers.

The federal agencies said 87.6% of the nearly 33 million loans surveyed were listed as current and performing at the end of the fourth quarter.

During the quarter, foreclosure activity declined as mortgage servicers slowed the default process to deal with regulatory issues surrounding foreclosure processes.

"Completed foreclosures decreased by nearly 50% to 95,067," the OCC and OTS report said. "Newly initiated foreclosures decreased by almost 8% to 352,318. Because new foreclosures outpaced completed foreclosures, the inventory of foreclosures in process increased by more than 7% to 1,290,253; that represented 3.9% of all serviced loans at the end of the fourth quarter."

Despite the foreclosure slowdown, the OCC and OTS  expect foreclosure activity to increase in 2011 as moratoriums thaw, allowing a larger inventory of distressed loans to enter the foreclosure process.

In the fourth quarter, servicers launched three times as many loss mitigation procedures when compared to home forfeiture actions, the agencies said.

"Servicers implemented 473,415 home retention actions (loan modifications, trial period plans, and shorter term payment plans), compared with 146,132 completed home forfeiture actions (completed foreclosures, short sales, and deed-in-lieu-of-foreclosure actions)," the report said.

Write to Kerri Panchuk.

Thursday, March 31st, 2011

On April 1, the new "customary and reasonable" appraiser fees under Dodd-Frank take effect. A week prior, HousingWire ran a Q&A with David Feldman, the vice president of government affairs at CoreLogic Valuations in an effort to clarify the impact this will have on the appraisal industry.

Many appraisers took notice of it, and not in a good way.

In a review of letters to the editor, many expressed frustration that the interview did not go far enough.

"I have to say I am very disappointed with the lack of questioning and follow-up to his very one-sided answers," said Tony Grubb an appraiser at Virginia-based AppraisalTech. "Not once was he asked about or discussed the harm Corelogic's lower than average fees have done to appraisers and their families across the country."

"Amazing what Corelogic says about fees to appraisers," wrote in another complainant who wishes to remain anonymous. "I just spent the last week lowering our fees because all the vendor management companies said that unless you lower your fees to compete with the other guys you will get little or no work."

"Appraisers have become slaves to the banks and vendor management companies," she added.

CoreLogic defends Feldman's words, though declined a vigorous response. The comments were also presented to other, similar firms. Many report the feeling that appraisers are not being flexible enough.

In particular, one firm said it had trouble finding appraisers to do "desk-based" work. "The days of going out to two valuations and taking the afternoon off are over," a manager at the AMC said.

Additionally, the chief appraiser of Pro Teck Valuation Services, Jeff Dickstein, did weigh in on other nagging regulatory questions. Mainly, there is an added worry that the Consumer Financial Protection Bureau, which officially opens on July 21, will further negatively impact the appraisal industry.

Dickstein said the intended use of an appraisal is for the lender to obtain a market value opinion to assess risk for loan collateral, not for the buyer or seller. Most buyers and sellers are interested in anticipated sale price, not market value.

"If a consumer-oriented regulator takes charge, you will see people filing more objections to appraisals," Dickstein said. "The seller for instance may object to the home price being too low and argue for a higher valuation based on something like an above ground spa, which is not a real property feature, and not given value on an appraisal report."

Write to Jacob Gaffney.

Follow him on Twitter @JacobGaffney.

Thursday, March 31st, 2011

Rep. Barney Frank (D-Mass.) said at a House subcommittee hearing Thursday that the mortgage interest tax deduction would be safe.

Currently, interest on a mortgage taken out to buy or improve a home can be fully deducted if the amount of the loan is less than $1 million for married couples and $500,000 for singles. Home equity loans taken out for anything else is limited to $100,000 for couples and $50,000 for singles.

But when President Obama released his 2012 budget, the deduction considered a "sacred cow" to homeowners and many trade groups became endangered. Obama proposed an across-the-board 30% cut to itemized deductions for high-income taxpayers.

But Frank, who was later backed by freshman Rep. Michael Grimm (R-N.Y.) said the deduction would be safe.

"The mortgage interest deduction is going nowhere," Frank said. "The sun will go away before it does."

Frank went on to say that he doesn't think there are enough votes in the House to abolish the deduction and that it will be a corner stone to the future of housing finance Congress is attempting to put together.

"If I were starting a new country, I would not have it. I do not think it is ideal tax policy," Frank said. "Given the extent to which people's legitimate, vested interest include that, trying to abolish it now, even if we were in a wonderful economy would be unfair. You cannot do it without being disruptive to people. Houses are still a large part of the wealth for many people. I think it's important for people to know that that's staying around and we can build on that."

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Thursday, March 31st, 2011

February home sales in the greater Phoenix area hit a four-year high last month after investors and all-cash purchasers flooded the market, research firm DataQuick said Thursday.

The Arizona counties of Maricopa (Phoenix) and Pinal recorded a total of 7,248 new and resale home sales during the month of February, up 5.5% from January and 6.2% from a year ago.

Meanwhile, the median sale price dropped year-over-year for the eighth consecutive month, with sales of homes priced $100,000 or below, outpacing newly built homes that held at record lows in terms of sales, DataQuick said.

Sales below $100,000 represented 40.4% of all transactions in February, which is stable from January and still the highest level since the onset of the housing downturn. This same time last year Arizona homes priced under $100,000 made up roughly 31.6% of the area's home sales.

"Last month’s sales were the highest for a February since 8,940 sold in February 2007," DataQuick said. "But last month’s tally still fell 9.7% short of the average number of sales for the month of February since 1994. Last month’s sales of new homes were the lowest on record for a February."

Write to Kerri Panchuk.

Thursday, March 31st, 2011

The Department of Housing and Urban Development took full control of the Housing Authority of the City of Lafayette in Louisiana to address weak accounting controls, the misuse of public funds and an apparent lack of leadership within the division's ranks, HUD said Thursday.

HUD explained in a press release that HACL suffers from numerous financial deficiencies and continues to struggle on the leadership front since the resignation of its executive director five months ago.

The federal agency said it will take full control of the organization's local management and even appointed HUD veteran Daniel Rodriguez Jr., a public housing program representative out of Houston, to manage day-to-day operations at HACL.

"Good management is the cornerstone of running an effective organization," said HUD Assistant Secretary Sandra B. Henriquez.  "The Lafayette Housing Authority currently lacks an executive director and an effective Board of Commissioners.  This leaves HUD with no other choice but to assume control of its operations.  We have an obligation to protect both the taxpayer and the residents who rely on the agency’s services."

HACL handles the city's public housing programs and fell under suspicion by defaulting on its Public Housing Annual Contributions Contract, which outlines the guidelines local agencies must meet to comply with the government's public housing rules.

Write to Kerri Panchuk.

Thursday, March 31st, 2011

The Treasury Department will offer more Ally Financial (GJM: 22.43 -0.62%) stock it purchased as part of the financial crisis bailout.

How much will be sold, when and at what price range has yet to be determined.

The Treasury owns 74% of outstanding common Ally stock as of Dec. 31, and an additional $5.9 billion in mandatory convertible preferred stock.

Citigroup (C: 30.499 +0.39%), Goldman Sachs (GS: 109.79 +1.13%), JPMorgan Chase (JPM: 37.3762 -0.30%) and Morgan Stanley (MS: 18.0976 -0.29%) are the book-runners.

The Treasury said on Wednesday that its Capital Purchase Program, the initiative under the Troubled Asset Relief Program, reached a profit when three more banks repaid. TARP, considered the largest financial bailout in U.S. was originally slated to disburse $700 billion.

But the Congressional Budget Office this week came out with new estimates reporting that only $432 billion will end up being disbursed and end up costing taxpayers $19 billion. Most of the loss will come from housing programs such as the Home Affordable Modification Program and the Hardest Hit Fund.

The CBO also said losses are expected from American International Group (AIG: 24.93 -0.84%), even though the Federal Reserve declined AIG's bid yesterday to buy-back its troubled assets, citing its ability to make more profit on those holdings offered individually on the open market.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.



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