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Archive for March, 2011

Friday, March 25th, 2011

Goldman Sachs Group Inc. and Citigroup Inc. sold $1.4 billion of bonds tied to commercial- property mortgages as financial markets bounced back after declines that followed natural disasters and crises overseas.

The largest top-rated portion, a $532 million slice maturing in 9.73 years, yields 125 basis points more than the benchmark swap rate, said a person familiar with the transaction who declined to be identified because the terms aren't public.

Friday, March 25th, 2011

Dennis Lockhart, president of the Federal Reserve Bank of Atlanta, said the economy is experiencing moderate growth, but still facing a few headwinds, including the stress of depressed home prices.

"Home prices have dropped more than 30% since 2006 and continue to decline in certain markets," he said in a speech Friday. "The declines are holding back repair of household balance sheets."

Furthermore, Lockhart said one-fifth of all U.S. households have mortgages that are underwater or higher than the home's actual worth.

Business are also facing the ripple effects of tighter underwriting guidelines that are slowing loan originations.

"New business formation is constrained by tight credit," Lockhart said. "Early-stage businesses — a major source of jobs — are often financed in ways other than direct loans. Continuing difficulties getting home equity loans — related to lower home values, of course — and tighter credit card availability are holding back some entrepreneurs."

Other headwinds include higher gas prices and rising food costs, which has added $50 to the average household's monthly expenses, Lockhart said.

Write to Kerri Panchuk.

Friday, March 25th, 2011

The shadow inventory of foreclosures now stands at $450 billion, according to Standard & Poor's. The number estimates the principle balance of residential properties in foreclosure but not yet on the market.

Following the collapse of the housing market in 2008, delinquent loans and repossessed properties overwhelmed lender pipelines, forming the shadow inventory of mortgages and homes that will inevitably face liquidation. S&P categorizes the shadow inventory as containing loans at least 90-days delinquent or somewhere in the foreclosure process, and properties taken into REO.

This "yet-to-be-absorbed" amount of homes would take 49 months to clear at the current sales pace, which fell off even more in February.

But Diane Westerback, director of S&P's global surveillance analytics team, said like real estate, the shadow inventory is local. The shadow inventory's size varied in the wake of recent foreclosure problems.

"Despite the large balance of distressed properties still outstanding, significant variations in inventory levels and trends exist among cities across the U.S," Westerback said.

The New York market will need more than 10 years to clear its shadow inventory supply, or 130 months, according to S&P data. Most of its delinquent properties are caught in the foreclosure process as seen in the chart below.

The New York timeline would nearly double how long it would take in Boston, which S&P estimates is 70 months.

The shorter timelines appeared in surprising places. Phoenix, Las Vegas and Detroit each had shadow inventory supply of less than 30 months, possible evidence that the worst may be behind in those markets.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Friday, March 25th, 2011

Freddie Mac completed 23,017 loan modifications during the first two months of 2011 and said single-family delinquencies on mortgages held or backed by the GSE dropped in February.

The government-sponsored enterprise's latest monthly loan volume report showed 11,864 loan mods were completed in February and 11,153 in January. Freddie Mac noted the seriously delinquent rate of single-family mortgages fell to 3.78% in February, while the multifamily delinquency rate increased to 0.36%.

Last year, Freddie was reporting a growth in mortgage delinquencies.

The aggregate unpaid balance on all the GSEs mortgage-related portfolios increased by $1.3 billion. Total mortgage-related securities and other guarantee commitments decreased at an annualized rate of 1.7% in February.

The GSE also reported that its single-family, refinance-loan purchase and guarantee volume hit $31.4 billion in February, representing 81% of total mortgage purchases and issuances.. That compares to last month when the single-family refinance-loan purchase and guarantee volume was $32.4 billion or 83% of total loan volume.

Write to Kerri Panchuk.

Friday, March 25th, 2011

The Federal Reserve is considering an auction for a large portfolio of subprime-mortgage bonds and is consulting with BlackRock Inc. about the process, according to people familiar with the matter.

The prospect of an auction comes after American International Group Inc. earlier this month formally offered $15.7 billion to buy the bonds from the Fed, which took over the portfolio in 2008 to help the government-controlled insurer stem a cash bleed.

A sale would mark another step in federal regulators' efforts to wind down bailouts and emergency-assistance programs set up during the financial crisis.

Thursday, March 24th, 2011

Davis + Henderson Corp., a Canadian provider of technology to the financial services industry, acquired Mortgagebot in a deal reportedly worth $231 million.

Mortgagebot, based in Mequon, Wis., is a provider of online mortgage lending technology.

Mortgagebot will remain unchanged, the firm said in a statement "with the same management and the same dedication to delivering the best possible mortgage point-of-sale solutions backed by the best possible service."

Since 2008, D+H has also offered commercial lending, equipment financing and small business solutions in North America. D+H purchased Mortgagebot in an effort to expand into residential lending in the United States.

The acquisition was made possible now that Spectrum Equity Investors, the owner of Mortgagebot, feels it is selling its investment at a good time in the online mortgage lending market, according to Mortgagebot.

"Mortgagebot will continue to share with you any news or updates related to its ongoing dedication to the mortgage-origination success of the nearly 1,000 banks and credit unions," the statement states.

Write to Jacob Gaffney.

Follow him on Twitter @JacobGaffney.

Thursday, March 24th, 2011

Twenty-five metro areas saw home prices plummet to the lowest levels since the 2007 housing crash, RadarLogic said in its latest RPX Composite Index.

RadarLogic said an oversupply of homes, high rates of mortgage defaults, tighter lending standards and a housing market riddled with foreclosures weighed down January prices. The index, which tracks home prices across 25 major markets, declined 3.8% between December and January and 3.4% year-over-year.

"The month-over-month change in the RPX Composite price through January 2011 suggests that housing markets have yet to turn the corner from crisis to recovery," RadarLogic said.

The drop in January home price is the third largest decline in 10 years, according to RadarLogic.

Some of the largest year-over-year January price declines occurred in Atlanta, Jacksonville and Milwaukee, where home prices fell 15.6%, 13.9%, and 12.9%, respectively. Boston, Washington, and Chicago suffered the largest month-over-month declines, with each experiencing a price drop in the 8% to 10% range.

Home prices in New York outperformed other areas, with the New York price index rising 1% from January 2010 levels.

The largest year-over-year gains occurred in Miami, Jacksonville and Philadelphia — all of which rose at least 15%. Miami experienced RXP price gains of 27.7%

The largest year-over-year price decline occurred in Boston where the index fell 53.3%. Atlanta and Washington D.C. followed closely behind with drops of 38.3% and 21.9%, respectively, RadarLogic said.

Write to Kerri Panchuk.

Thursday, March 24th, 2011

The moment the state attorneys general proposed a mortgage servicing settlement it seemed only logical that lenders and banks wouldn't like it.

The natural flow of solutions, after all, is going to require some level of back and forth.

And so the American Bankers Association recently expressed exasperation at Paul Krugman's column in The New York Times on March 13 titled Another inside job.

Written by ABA President and CEO Frank Keating, the trade group's letter to the editor of the Times is published here.

I was particularly struck by the laconic nature of the entire submission. Why would the ABA only have 174 words to say about Krugman's column on a 27-page proposal?

And what did this passage mean?

"Even if the allegations against the firms involved are proved accurate, it doesn’t mean the entire mortgage industry is systemically flawed and in need of wholesale restructuring."

In short, there seemed to be a side of the story not being told.

And, as it turns out, there is.

HousingWire Thursday obtained a copy of the original letter sent to the editor of The New York Times.

It is nearly three times longer – 462 words – and can be viewed by clicking here.

Judge for yourself if you think the editors at The New York Times rightfully cut the letter. As an editor myself, I support whatever changes they made, knowing full well the daily challenges of the position.

However, there is a systematic dysfunction to the entire mortgage servicer redemption methodology. And though the ABA "takes on" Krugman, what really gets to the association is the proposed settlement. Or more specifically, the way in which change is going down.

Change can only be fully accepted when just. And we can only hope regulators appreciate the necessity of hedging against the unintended consequences of policy.

And that is the point, we can only hope. For this process of change is no more transparent that the dark lending systems it intends to condemn.

"The OCC diverted 30% of its resources into a horizontal review of the mortgage servicing industry, and other regulators did likewise, yet we don't know the details," said ABA executive vice president of government relations Robert Davis, who worked with Keating on drafting the letter.

In clarifying the macro reasons behind what the NYT letter means to the ABA, Davis said the issue is, inevitably, that there were varying degrees of noncompliance in mortgage servicing.

Violations were not uniform, he said, so the ABA concern is on a blanket settlement being offered as a solution without differentiation.

"Penalties should be commensurate with the degree of regulatory noncompliance and actual harm to consumers," he said.

Nonetheless, the ABA is concerned that the proposed settlement terms push many changes that have "no clear nexus to violations or consumer harm" and divert attention from state law enforcement to federal issues such as bankruptcy proceedings, Davis tells HousingWire.

"We don't want to see a result that overrides state law jurisdiction of property rights," Davis adds.

The ABA is frustrated that there is no public forum to openly discuss the needs of borrowers and banks. Four state AGs are also sounding alarms on the proposal.

The cost of mortgage origination for borrowers will begin to rise as interests rates won't remain at historic lows forever. Yet, there is nothing in the settlement that improves borrower access to credit or allows for safer lending.

The proposed settlement does, however, consolidate the power of those in charge. If nothing else the proposal blurs the lines between the judiciary, enforcement and legislative branches of government. Does mortgage servicing in the United States solve its woes from a single judge, jury and executioner?

"There should be clear national standards, and one of these is that servicers have to be prepared to comply with all state law requirements," Davis warned. "The solution can't be shipped wholesale to Washington, D.C., for social engineering."

And that is what the ABA really meant in its letter to The New York Times.

Write to Jacob Gaffney.

Follow him on Twitter @JacobGaffney.

Thursday, March 24th, 2011

Mortgage brokers and lenders are running in a deep fog as they scramble to comply with broker and loan officer compensation rules that take effect April 1.

Brokers and loan officers have known about the guidelines outlined in the Federal Reserve's Regulation Z for months, but many firms are still tinkering with compliance plans, law firm Patton Boggs said in its recent banking report.

In fact, as the Fed reveals more about how to meet the demands of Reg Z, brokers and lenders are finding themselves in a tight race to get the right compliance structure in play before the rule takes effect.

Regulation Z is already a sore spot among mortgage brokers. The rule will change broker and loan officer compensation by conditioning pay on the amount of credit extended.

After analyzing a recent Fed webinar on the changes, Patton Boggs wrote, "Fed staff confirmed their position regarding loan originator compensation by mortgage brokers in consumer-paid transactions. Specifically, the staff has not changed their view that if a consumer pays a mortgage broker in a transaction, the broker cannot pay its loan originator employee who worked on the transaction any amount other than a standard salary or hourly wage that is not tied to the transaction."

In discussing the above dilemma, Patton Boggs said,  "Fed staff suggested that the issue could be resolved by the consumer paying points to the creditor from which the creditor could pay the broker entity. In this case, the broker would be paid by the lender and could compensate its employees in accordance with their compensation plans without running afoul of the dual compensation provisions of the rule."

Another issue perplexing mortgage brokers is a Fed guideline that will prohibit brokers with branches in multiple states from applying different compensation standards in those areas.

"Many were under the impression that compensation could vary by location based on permissible factors, such as cost of living differences," Patton Boggs said. "However, the staff advised that if a broker has an office in Anytown, Ohio, for example, and an office in another area of Ohio, a creditor doing business with the broker must have the same compensation arrangements with both branches."

Write to Kerri Panchuk.

Thursday, March 24th, 2011

The Securities and Exchange Commission named Anne Small deputy general counsel for litigation and adjudication, replacing Mark Cahn, who ascended to general counsel of the federal regulator earlier this year.

Cahn replaced David Becker, who resigned in February.

Small had been a partner in the New York litigation department of WilmerHale LLP, where she worked on commercial and securities litigation, a broad range of civil and criminal matters, and trial and appellate work, according to the SEC.

"We welcome the breadth of experience that Anne brings to the SEC," Cahn said. "She will serve the commission well, and we are very fortunate to have someone of Anne’s aptitude, judgment and extraordinary skill in this important role."

Small clerked for Judge Guido Calabresi on the U.S. Court of Appeals for the 2nd Circuit and for Justice Stephen G. Breyer on the Supreme Court. She received her doctorate in 2001 from Harvard Law School, where she was awarded the Sears Prize and served as president of the Harvard Law Review. She also has a bachelor's degree from Yale University.

Write to Jason Philyaw.



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