Archive for March, 2011
The Florida court system is facing a $72.3 million deficit for the current fiscal year due to a sharp decrease in foreclosure filing fees as a result of 2010's foreclosure moratoriums.
Subsequently, the judicial branch is freezing hiring and considering staff furloughs, Supreme Court Chief Justice Charles Canady said in a letter to Gov. Rick Scott.
The State Courts Revenue Trust Fund, established in 2009 to funnel a portion of filing fee revenue back into the court system, is incurring the debt. Of the $462 million court system budget, about $370 million is currently funded by the trust fund.
"Hence, the payroll and operating expenses of the branch are supported to a large extent by this trust fund," Canady wrote.
According to Canady's letter, $293.6 million, or 77%, of the trust fund was projected to come from real property or mortgage foreclosure filings. However, mortgage foreclosure filings have "dropped dramatically below" the official projections for the 2010/2011 fiscal year, the chief justice said.
In March alone, the deficit to the trust fund is expected to reach $8.2 million.
And recently released data suggest that filings may not substantially increase. Although Florida holds the largest shadow inventory in the U.S. at more than 441,000 properties, the average home sits delinquent for 638 days, according to the National Association of Realtors.
The Supreme Court also mandated foreclosure mediation programs in 2009, which can extend foreclosure timelines or diminish foreclosure inventories.
Canady said an emergency plan to provide funding to the Florida court system is essential. He proposed temporary transfer of $28.5 million to the State Courts Revenue Trust Fund from the court's Mediation Arbitration Trust Fund and Court Education Trust Fund.
Write to Christine Ricciardi.
Follow her on Twitter @HWnewbieCR.
Tags: Governor Rick Scott, State Courts Revenue Trust Fund, Supreme Court Chief Justice Charles Canady
Posted in Servicing/Default, Slider, Top Stories | 3 Comments »
Ally Financial (GJM: 22.47 -0.44%) priced the securitization of excess servicing securitzations last week at $1.2 billion, the first signs of life in that market in one year.
And Bank of America Merrill Lynch analysts expect more mortgage servicing rights to change hands on the structured finance playground.
The securitization of excess servicing in mortgages are not a new concept. The government-sponsored enterprises require servicers to collect and retain a minimum servicing fee of 25 basis points and capitalize it as an MSR. Excess servicing is what's left of the interest payment after deducting the security's coupon, the guarantee fee, the 25 bps and any purchased mortgage insurance on the loan.
Servicers can either capitalize the excess or sell it into a securitized pool, with the latter an example of the above deal.
Before the crisis, excess servicing deals were commonplace. Between March 2006 and February 2008, there were more than $23.6 billion in excess servicing deals.
But when the financial crisis struck, consolidation began. Larger institutions began taking over smaller mortgage companies, constricting dealflow. The overall problems in the secondary market led to dormant transactions of this type between March 2010 and last week.
However, analysts say that could be changing.
"The environment for doing excess servicing deals is favorable once again due to the recovery in the securitization market over the past two years, the outlook for long term rates, and the favorable environment for taking on prepayment risk due to tighter underwriting standards," BofAML analysts said.
Upcoming Basel 3 requirements diminish the value of MSRs for banks, who will have to maintain more capital in order to carry these assets on their balance sheets. Specifically, the new rules allow the MSRs to be recognized only up to 10% of the common equity component of Tier 1 capital. Any MSRs over that amount will be deducted from capital.
The Mortgage Bankers Association sent a letter to regulators in October, arguing that 56 banks already exceed the 10% limit.
These requirements, BofAML analysts said should be an incentive for big banks to unload the excess servicing, especially if they are close to or above the 10% threshold.
"We believe that this regulatory capital change and the favorable environment for doing excess servicing deals will result in an increase in securitization activity going forward," the analysts said.
Write to Jon Prior.
Follow him on Twitter @JonAPrior.
Tags: Ally Financial, Bank of America, Basel 3, excess servicing, MBA, Merrill Lynch, MSR
Posted in Servicing/Default, Top Stories | No Comments »
Demand in the architectural design industry is improving, albeit very slowly.
The Architecture Billings Index increased slightly, up to 50.6 in February from 50 in January, according to American Institute of Architects data released Wednesday.
The benchmark for the index is 50. Anything above that indicates an increase in architectural billings and anything below indicates a decrease. The AIA surveys a panel of member firms monthly, asking if billings increased, decreased, or stayed the same. The national association then weighs the respondents for the index.
Despite increased billings for February, the AIA said the index is not showing the same strength in business conditions as it did in the final quarter of 2010. AIA Chief Economist Kermit Baker said overall demand for design services is treading water. In September, the index moved above 50 for the first time since January 2008.
"We’ve been preaching patience and cautious optimism for a full recovery because there continues to be a wide range of business conditions for architecture firms that are also influenced by firm size, practice specialties and regional location," Baker commented. "We still expect the road to recovery to move at a slow, but steady pace."
Investment firm Keefe, Bruyette & Woods warned Tuesday that tightening regulation, particularly surrounding Federal Housing Administration loans, could cramp recovery in home building.
The new projects inquiry index has remained relatively flat in 2011, according to AIA, hitting 56.4 in February.
The regional buildings index was highest in the Midwest at 55.3, followed by the South at 50.1, the West at 49.1, and the Northeast at 46.4. The index was the highest in the commercial/industrial sector (55), followed by the mixed practice sector (51.3), the multifamily residential sector (49.7) and the institutional sector (48.9).
Write to Christine Ricciardi.
Follow her on Twitter @HWnewbieCR.
Tags: American Institute of Architects, Architecture Billings Index, Keefe Bruyette & Woods
Posted in Origination/Lending, Top Stories | 1 Comment »
The Securities and Exchange Commission upheld a New York City pension funds request that big bank shareholders will get to vote on whether or not those vested financial institutions conduct foreclosure reviews.
Shareholders of Bank of America (BAC: 7.2508 -0.67%), Citigroup (C: 30.52 +0.46%) and Wells Fargo (WFC: 29.35 +1.03%) will vote at annual meetings this spring, because of the ruling. Wells did not contend the proposal at the SEC. In January, The New York City Comptroller John Liu asked the boards of the banks and JPMorgan Chase (JPM: 37.38 -0.29%) to conduct the reviews to catch potential problems related to robo-signing and other documentation issues.
Because a similar group of shareholders requested Chase conduct reviews, the SEC allowed the bank to remove the pension funds request from its annual meeting agenda.
After these issues surfaced in the third quarter of 2010, major banks and servicers began internal reviews and began refiling affidavits. But the SEC rejected the banks' arguments that the problems were "technical glitches."
"An independent examination of bank foreclosure practices is needed to reassure shareholders and protect pensioners and taxpayers," Comptroller Liu said. "The necessity for this becomes even clearer as the weeks and months tick by and more New Yorkers face losing their homes to foreclosure. Regrettably, the banks have failed us on this and even went so far as to try and kick us off the ballot, but the shareholders have prevailed."
Citi declined to comment on the ruling.
Neither BofA or Wells immediately responded to requests for comments.
Write to Jon Prior.
Follow him on Twitter @JonAPrior.
Tags: Bank of America, Citigroup, foreclosure, JPMorgan Chase, robo-signing, SEC, Wells Fargo
Posted in Servicing/Default, Top Stories | 1 Comment »
An Atlanta man once dubbed a mortgage maverick by CNN has a state regulator telling him to stop operating without a license.
The Georgia Department of Banking and Finance issued a cease and desist order to Lenox Financial Mortgage this week. The order seeks to stop the Atlanta-based residential mortgage business from mortgage lending/brokering activities that require a mortgage license.
"This order to cease and desist was issued by the department after it obtained evidence that Lenox Financial Mortgage engaged in residential mortgage brokering and lending activities without a license or under an applicable exemption," the state regulator said in a statement on Lenox.
However, Lenox founder Jon Shibley told HousingWire he voluntarily relinquished his license in November and notified the Department of Banking about the change. Shibley said he exited his old business model in late 2010 to focus on building a new model where he sincerely believes no license is needed to operate.
"The department issuing the cease and desist is overstepping its bounds to such a degree that they are trying to label everybody a mortgage provider, requiring them to be licensed," he said.
Shibley said prior to Dec. 1, Lenox functioned under a business model where homebuyers would call the company's Atlanta headquarters asking for loans. At the time, hundreds of licensed mortgage brokers at Lenox handled those calls, Shibley said.
As mortgage brokers "we would sell (the loans) directly to the mortgage market," he explained. Shibley said his firm was able to offer no closing costs by paying those fees for borrowers.
But as the mortgage landscape changed, Lenox said he closed his old business on Dec. 1 and notified the Department of Banking of the change.
Specifically, his plans call for the creation of a franchisee-business model, where Lenox will no longer broker mortgages or have brokers inhouse. Instead, the firm will rely on outside mortgage brokers and banks that will function as franchisees. All of the leads that come in under Shibley's new platform will be fielded directly by the franchisees, allowing those firms to handle the entire mortgage origination, he said.
"I informed the Department of Banking and Finance — the ones that issued the cease and desist," he told HousingWire. "And then they gave a cease and desist with no investigation or understanding" of the new business model.
More than a year ago, CNN ran an extended interview, in which Shibley tells a reporter his firm is able to offer loans with no closing costs by selling mortgages to the secondary mortgage market.
Shibley founded Lenox Financial in 1994. The firm is not affiliated with Lenox Financial Mortgage Corporation headquartered in Irvine, Calif.
Write to Kerri Panchuk.
Tags: banking, broker, Lending, mortgage, mortgage broker
Posted in Secondary Market/Investors, Top Stories | No Comments »
The Senate Banking Committee will hear proposals March 29 for replacing Fannie Mae and Freddie Mac in a new housing finance system.
In February, the Treasury Department proposed winding down the government-sponsored enterprises and gave Congress three possible options for what could replace them. Following the report, Treasury Secretary Timothy Geithner urged Congress to pass legislation within the next two years.
And both chambers have started the reform process.
House Republicans re-introduced a bill that would end Fannie and Freddie conservatorship in two years. The Senate Banking Committee will hear testimony from three influential policy shapers.
The first will be Mortgage Bankers Association Chairman Michael Berman, who supported the white paper when it was released. The MBA's own proposal, released more than one year ago, includes a return of private capital, while the government would continue to explicitly guarantee lower-risk mortgage-backed securities.
Janneke Ratcliffe, a senior fellow for the Center for American Progress, also will testify. In January, the group released its own proposal, as well, that would set up chartered mortgage institutions guaranteeing principal and interest payments on MBS. These CMIs would outnumber the previous GSEs and would be private institutions.
Finally, Moody's Analytics Chief Economist Mark Zandi will offer his proposal to the senators. Just before the Treasury white paper came out, Zandi released one of his own. In Zandi's hybrid housing system, the private sector would fund most of the mortgages in the country, but the market would be guaranteed against catastrophe by the government.
Testifying before the Senate Banking Committee in March, Geithner reiterated the Obama administration's approach. Whatever the future housing finance system will be, the private sector will fund it and will take whatever losses may come from it, he said.
"The administration is committed to a system in which the private market — subject to strong oversight and strong consumer and investor protections — is the primary source of mortgage credit," Geithner said. "We are committed to a system in which the private market — not American taxpayers — bears the burden for losses."
Write to Jon Prior.
Follow him on Twitter @JonAPrior.
Tags: Center for American Progress, Congress, Fannie Mae, freddie mac, MBA, moody's analytics, Treasury, white paper, zandi
Posted in Origination/Lending, Top Stories | 1 Comment »
The economic costs of natural disasters are typically much less than those of major financial shocks, according to a research note from Capital Economics.
In fact, Japan's gross domestic product may actually rise higher than it would have as a result of the rebuilding that will occur in the wake of the massive earthquake and tsunami that hit the island nation earlier in March, the firm said.
While the economic costs of a natural disaster are dwarfed by the loss of life, typically they cause less disruption to the economy than a major financial shock would, the note said.
Estimates of the economic costs of the tragedy in Japan vary widely, and impacted financial firms are now trying to put a price tag on the disaster.
"But there is a broad consensus that the adverse impact will be much smaller than that in the wake of the global financial crisis," Capital Economics analysts said. "We have cut our Japan GDP growth forecast for 2011 from 1% to 0, whereas Japan's GDP was more than 10% lower in the first quarter of 2009 than a year earlier. Similarly, the economic impact of the Kobe earthquake in 1995 was dwarfed by the fallout from the Asian financial crisis in 1997-98."
Also Wednesday, Munich Re estimated its pretax loss of €1.5 billion ($2.11 billion) on Japan earthquake damages. The insurer said it will take many weeks until claims notifications provide a clearer picture of the actual loss.
"Many reinsurance covers do not attach until very high losses have been sustained by individual cedants, it will only become apparent at a later stage whether and to what extent reinsurers are affected by losses under particular treaties," said Commerzbank analyst Roland Pfaender. "Further uncertainties result from the impact on international flows of goods and supply chains from business interruptions suffered by Japanese industrial producers."
Capital Economics cited four reasons why natural disasters might at least appear to cause less economic damage than financial shocks:
1. Geographical scope. Natural disasters usually only have a direct impact on a small part of a country, whereas financial shocks affect the whole economy.
2. The damage to homes and infrastructure caused by a natural disaster has no direct impact on GDP, which measures economic activity rather than changes in the stock of capital.
"Subsequent reconstruction spending will boost activity, producing the perverse result that GDP may eventually be higher than it would otherwise have been," the report said.
Capital Economics notes that this doesn't mean that the country is any better off. "Lost assets have simply been replaced and productive potential is no higher than before." But it does mean that the estimated cost to repair the damage, in the hundreds of billions of dollars, should be seen as a potential positive for GDP rather than a negative.
Conversely, there is no such “upside” from financial shocks. In addition, speculative pressures during financial crises can drive asset prices well above their sustainable levels. "Asset prices can swing up and down by 50% as a result of developments in the financial sector – very few natural disasters could ever have the same effect."
3. Financial shocks typically cause greater uncertainty. The impact of natural disasters, however awful to view, is usually fairly transparent and costs are relatively straightforward.
"Contrast this with the complexity of the financial instruments involved in the subprime crisis and the prolonged loss of confidence in (and even between) the banks."
4. Society's reaction in a natural disaster helps in the recovery, the firm noted. People, both at home and abroad, are much more likely to rally round to help in the wake of a natural disaster than a financial shock.
"Contrast this with the public's reluctance to 'bail out' bankers following the subprime crisis and the current regulatory backlash against the financial sector in the U.S. and Europe."
While the firm said there are reasons to be optimistic that the overall economic impact of the earthquake and tsunami will be less than the global financial crisis, it doesn't diminish "the terrible human costs or the blow to confidence, which will surely hold back any recovery."
Write to Kerry Curry.
Follow her on Twitter @communicatorKLC.
Tags: Capital Economics, Commerzbank, financial crisis, japan, Japan earthquake, Japan tsunami, Munich Re
Posted in Secondary Market/Investors, Top Stories | No Comments »
New sales of single-family homes fell nearly 17% in February from a month earlier, coming in well below analysts' estimates and at the lowest level recorded.
The Commerce Department said the seasonally adjusted rate of 250,000 units last month was considerably lower than 301,000 for January, which was revised upward by 15,000 units. February sales are down 28% from a year earlier.
The seasonally adjusted estimate of new homes for sale was 186,000 in February, representing an 8.9 month supply. A healthy market usually holds a six month supply.
Analysts surveyed by Econoday expected February home sales to climb to 290,000 with estimates ranging between 240,000 and 305,000. A Briefing.com survey projected home sales of 275,000 for the month. Analysts polled by Dow Jones Newswires expected February sales to rise 2.1% to 290,000.
In the Northeast in February, new homes sales cratered, falling 57% from January, according to the joint release from the Census Bureau and the Department of Housing and Urban Development.
The median sales price of new homes sold last month was $202,100, down nearly 14% from January, representing the largest monthly decline yet.
The Mortgage Bankers Association said earlier Wednesday mortgage applications rose 2.7% for the week ended March 18.
Write to Jason Philyaw.
Tags: new homes sales
Posted in Origination/Lending, Top Stories | 12 Comments »
SunTrust Banks (STI: 20.47 -0.15%) named Jerome Lienhard chief executive officer and president of SunTrust Mortgage this week.
Lienhard, who joined the company five years ago as treasurer, most recently served as SunTrust Banks as executive vice president of strategic finance and administration. Prior to joining SunTrust, Lienhard was treasurer of Freddie Mac and corporate treasury manager at Toyota Motor Credit Corp.
Lienhard replaces Sterling Edmunds Jr. who moves to executive vice president of national sales and production manager at SunTrust.
In his new role, Lienhard will oversee SunTrust Mortgage's retail, correspondent, wholesale, consumer direct and consumer banking cross sell channels.
Atlanta-based SunTrust reported total assets of about $173 billion as of December.
Write to Kerri Panchuk.
Tags: freddie mac, SunTrust Banks, SunTrust Mortgage
Posted in Origination/Lending, Top Stories | 1 Comment »
Mortgage applications rose 2.7% this past week after inching down a week earlier and experiencing a sharp 15% drop in early March, the Mortgage Bankers Association said Wednesday.
The market composite index — a measure of loan volume — increased 2.7% on a seasonally adjusted basis for the week ending March 18. On an unadjusted basis, the index increased 2.8% when compared to the previous week.
The four-week moving average for the seasonally adjusted market index is up 2.5%, while the four-week moving averages for the purchase index and refinance index are up 1% and 3.3%, respectively.
The unadjusted purchase index jumped 3% over last week and is down 15.3% when compared to the same week a year earlier.
Refinancing activity during the period held flat at 66.4% of total applications.
Meanwhile, the average interest rate for a 30-year, fixed mortgage increased to 4.8% from 4.79% a week earlier. In addition, the average rate for a 15-year, fixed-rate mortgage declined slightly to 4.02% from 4.03%.
Write to Kerri Panchuk.
Tags: mortgage applications, Mortgage Bankers Association
Posted in Top Stories | 6 Comments »











