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Archive for March, 2011

Monday, March 21st, 2011

One man joined five of his former co-conspirators and pleaded guilty to rigging bids and committing mail fraud at public real estate foreclosure auctions in San Joaquin, Calif.

Gregory Jackson and a group of real estate speculators had an agreement not to bid against each other at certain real estate auctions to decrease competition and obtain selected properties in San Joaquin County at noncompetitive prices, according to the Antitrust Division of the Golden State's Department of Justice.

Court documents show the conspirators' would hold a second, private auction on properties that their designated bidder originally purchased at a public auction. At the private auction, the group would bid at amounts above the public auction price. The highest bidder would win the property and the rest of the investors would split the difference between the private and public auction price among themselves as illicit profit, according to court documents.

Jackson participated in the scheme from March to October 2009, according to his plea. The maximum penalty for his crime is 10 years in prison and a $1 million fine.

HousingWire reported in February that Richard Northcutt pleaded guilty in conjunction with the bid rigging conspiracy. Anthony Ghio, John Vanzetti, Theodore Hutz and Yama Marifat also pleaded guilty in this case. Northcutt faces up to 30 years in prison and a $1 million fine.

Christina Varney, assistant attorney general of the California Justice Department's Antitrust Division, said the rigging of public foreclosure auctions is something the state is cracking down on.

"Today’s guilty plea demonstrates the antitrust division's commitment to vigorously pursue and prosecute bid rigging conspiracies in real estate foreclosure auctions that harm competition," Varney said.

"Public auctions are designed to determine the fair market value in the housing market, and they play a pivotal role in protecting its integrity," added U.S. Attorney Benjamin Wagner, who dealt with the case. "These defendants manipulated the system for their own gain; their conduct was serious and prosecution is necessary."

Charges against Jackson and his conspirators arose from an ongoing federal investigation of fraud and bidding irregularities in real estate auctions in San Joaquin County. All individuals involved in the conspiracy are scheduled for sentencing on June 3. However, because of the ongoing nature of the investigation, a court representative said the sentencing date most likely will reset once all parties have reached a plea agreement.

The investigation is being conducted by the Antitrust Division’s San Francisco Office, the U.S. Attorney’s Office for the Eastern District of California, the Federal Bureau of Investigation Sacramento Division and the San Joaquin County District Attorney’s Office.

The case was filed in the U.S. District Court for the Eastern Division on California.

Write to Christine Ricciardi.

Follow her on Twitter @HWnewbieCR.

Monday, March 21st, 2011

As markets continue to search for an equilibrium during the ongoing crisis in Japan, Bank of America Merrill Lynch analysts found buying opportunities re-emerging in both residential and commercial mortgage-backed securities.

The CMBS market stuck out more than any other sector. BofAML analysts anticipate commercial real estate prices to increase at 10% to 20% over the next two years – as long as between 4 million and 5 million jobs are added over the same time. The CMBS market experienced heavy sales over the past few weeks, and analysts believe this "provides an excellent entry point."

The start of the year brought a rally in nonagency MBS, but prices dropped in the wake of recent foreclosure problems and the much discussed settlement between the 50 state attorneys general and the major servicers. While the outcome of the investigations could still take some time to emerge, the new rules will almost certainly force servicers to provide more loss-mitigation options, extending foreclosure time lines even further.

BofAML analysts believe prices in nonagency MBS have dropped enough to provide "good upside" in price potential, even in option-adjustable rate mortgages.

The Japan crisis forced many investors to quality, driving Treasury yields lower. This also pushed spreads in agency MBS wider, but BofAML analysts believe investors can capitalize on this movement. They also brushed aside refinancing risk to be "extraordinarily muted."

JPMorgan Chase (JPM: 37.2942 -0.52%) analysts were notably more cautious and recommended waiting until the market volatility settles after Japan. But they seemed more worried about the extended time lines from AG settlement. Analysts estimate investors in nonagency MBS could see up to $7 billion in incremental losses if the foreclosure time line is extended as much as six months.

The Securities Industry and Financial Markets Association warned the AGs last week of similar unintended consequences to their requirements.

Still, BofAML analysts remain optimistic that buying opportunities are appearing even as clarity from Japan and regulators remains elusive.

"Taking the view that Japan does little to alter the path of economic recovery in the U.S., we find that attractive value has emerged in the past few weeks across the space," analysts said. "For those who missed the rally, or for those who want to re-engage, the opportunity for upside has now re-emerged."

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Monday, March 21st, 2011

The Federal Reserve Bank of Chicago's national activity index, which measures the country's overall economic activity, slipped into negative territory in February as the central bank noted continued weakness in the housing market.

The Fed said a decline in consumption and housing activity offset positive economic data, causing the index to slip to -0.04 last month, compared to a positive index level of 0.01 in January.

The Chicago Fed National Activity Index weighes 85 different economic indicators — including production and income, employment, unemployment, hours, personal consumption, housing, sales, inventories and orders — to compile its report.

Even though housing continues to drag on the index, the Federal Reserve Bank of Chicago previously predicted improvement in the housing sector in 2011. In a report released a few months back, the Fed said it expects an increase in residential investments this year and at least a slight drop in unemployment.

Write to Kerri Panchuk.

Monday, March 21st, 2011

Last week, at a House hearing on financial institutions and consumer credit, Republicans lined up to grill and attack Elizabeth Warren, the law professor and bankruptcy expert who is in charge of setting up the new Consumer Financial Protection Bureau. Ostensibly, they believed that Ms. Warren had overstepped her legal authority by helping state attorneys general put together a proposed settlement with mortgage servicers, which are charged with a number of abuses.

But the accusations made no sense. Since when is it illegal for a federal official to talk with state officials, giving them the benefit of her expertise? Anyway, everyone knew that the real purpose of the attack on Ms. Warren was to ensure that neither she nor anyone with similar views ends up actually protecting consumers.

Monday, March 21st, 2011

The Federal Reserve must disclose details of emergency loans it made to banks in 2008, after the U.S. Supreme Court rejected an industry appeal that aimed to shield the records from public view.

The justices today left intact a court order that gives the Fed five days to release the records, sought by Bloomberg News’s parent company, Bloomberg LP. The Clearing House Association LLC, a group of the nation’s largest commercial banks, had asked the Supreme Court to intervene.

The order marks the first time a court has forced the Fed to reveal the names of banks that borrowed from its oldest lending program, the 98-year-old discount window. The disclosures, together with details of six bailout programs released by the central bank in December under a congressional mandate, would give taxpayers insight into the Fed’s unprecedented $3.5 trillion effort to stem the 2008 financial panic.

Monday, March 21st, 2011

The Treasury Department will begin offloading its portfolio of $142 billion in agency-guaranteed mortgage-backed securities by selling up to $10 billion worth monthly, the agency said Monday.

The Treasury acquired the securities in 2008 and 2009 to free up bank balance sheets as the market for agency-guaranteed MBS froze in the heat of the financial crisis.

Congress approved the buyback of the securities through the Housing and Economic Recovery Act of 2008.

"The market for agency-guaranteed MBS has notably improved since the time Treasury purchased these securities in 2008 and 2009. Based on current market prices, Treasury expects to make a profit for taxpayers on this investment," the agency said Monday.

Three years ago, the Treasury assigned the management of the MBS portfolio to State Street Global Advisors (STT: 38.835 +0.14%). The same firm will manage the winding down of the portfolio. The move is part of the Treasury's ongoing plan to distance itself from investments made in 2008 and 2009 to loosen the liquidity at financial firms during the financial crisis.

The Treasury already sold its final share of Citigroup (C: 30.33 -0.16%) common stock acquired through the Troubled Asset Relief Program. On that sale, the Treasury pulled in a $12 billion profit for taxpayers.

The administration also recovered $9.6 billion in TARP repayments through the sale of Ally Financial trust preferred securities and through American International Group's (AIG: 25.02 -0.48%) recent decision to sell its stake in MetLife (MET: 34.735 +0.68%) to help pay back the government.

Write to Kerri Panchuk.

Monday, March 21st, 2011

Existing homes sales fell 9.6% in February hurt by an increasing number of contract cancellations, as all-cash sales hit a record high and distressed sales continued to climb.

The National Association of Realtors said seasonally adjusted sales decreased to 4.88 million in February from 5.4 million for January, which was revised upwardly a few thousand revised. Existing sales for the month are off 2.8% from 5.02 million a year earlier.

Analysts polled by Econoday were expecting February sales to decline to 5.15 million with a range of estimates from 5 million and 5.23 million. A Briefing.com survey projected existing home sales of 4.8 million for February.

"Housing affordability conditions have been at record levels and the economy has been improving, but home sales are being constrained by the twin problems of unnecessarily tight credit, and a measurable level of contract cancellations from some appraisals not supporting prices negotiated between buyers and sellers," NAR Chief Economist Lawrence Yun said. "This tug and pull is causing a gradual but uneven recovery. Existing-home sales remain 26.4% above the cyclical low last July."

NAR said all-cash sales accounted for one-third of all sales in February, which is the highest level recorded and up from 32% in January and 27% a year earlier. Investor activity in February remained flat with a year earlier at 19% but fell from 23% in January.

The median existing home price fell 5.2% from a year ago to $156,000, according to NAR, and homes sold at a discount accounted for 39% of all sales. Distressed sales rose from 37% in January and 35% a year earlier.

"The decline in price corresponds to the record level of all-cash purchases where buyers – largely investors – are snapping up homes at bargain prices," Yun said. "We’d be seeing greater numbers of traditional home buyers if mortgage credit conditions return to normal."

NAR representatives spent January meeting with mortgage lenders and regulators urging them to loosen underwriting standards.

The inventory of existing homes for sale rose 3.5% in February to 3.49 million, representing an 8.6-month supply. That is up from 7.6 months worth of supply in January. NAR classifies existing home sales as completed transactions of single-family, town homes, condominiums and co-ops.

Write to Jason Philyaw.

Monday, March 21st, 2011

Fewer mortgages were classified as delinquent in February when compared to the same period a year earlier, Lender Processing Services said in a monthly update Monday.

Out of the 40 million loans evaluated by LPS last month, 8.8% qualified as delinquent (30 days or more overdue). That delinquency rate is down 1.2% from January and 18.4% from February 2010.

Meanwhile, the year-over-year foreclosure presale inventory rate grew 7.4% even though it dropped a slight 0.2% on a month-to-month basis.

In February, LPS classified 4.6 million mortgages as delinquent for 30 day or more, while nearly 2.2 million loans were at least 90 days late. About 6.8 million loans were either delinquent or in foreclosure last month, LPS said.

The states with the highest percentage of delinquent loans included Florida, Nevada, Mississippi, New Jersey and Georgia.

States with the lowest percentage of non-performing loans included Montana, Wyoming, Alaska, South Dakota and North Dakota.

Write to Kerri Panchuk.

Monday, March 21st, 2011

Mortgage servicers faced a dramatic uptick in litigation during the final three months of 2010, according to a new report from Mortgage Daily.

The firm, which tracks litigation activity through its Mortgage Litigation Index, said legal actions against servicers pushed the index 42% higher in the last quarter of 2010 as foreclosure cases and loan modification requests piled up nationwide.

For the quarter ended Dec. 31, 151 mortgage-related lawsuits were filed, according to Mortgage Daily. That compares to 106 cases during the previous three months and 134 during the fourth quarter of 2009.

Investor lawsuits also doubled between the third and fourth quarter as litigation involving mortgage-backed securities rose and secondary-market litigation doubled, the report said.

"The affirmative inquiries of state attorneys general, legislators and courts in the mortgage assignment and mortgage foreclosure processes have fostered an environment where mortgage-related litigation has expanded on all fronts," said Anthony Laura, a partner in Mortgage Daily's Newark office. "While the increase in servicing cases is stark, the increase in suits by investors alleging missteps in the origination and securitization process is especially worth noting, as hundreds of millions of dollars are often at stake in those loan portfolio repurchase cases."

Write to Kerri Panchuk.

Monday, March 21st, 2011

Several businesses accused of selling residential mortgage-backed securities supported by toxic subprime loans to Allstate want the case moved to federal court to ensure the original issuers of the bad debt are forced to indemnify the named defendants in bankruptcy court.

This is the second time defendants involved in an Allstate RMBS-related lawsuit have asked for a change of jurisdiction, alleging they acquired the distressed subprime securities from other firms before those firms went into Chapter 11 bankruptcy. The defendants in the most recent case claim they are entitled to indemnification on any losses incurred from Allstate's suit.

The request was made after Allstate filed suit against Ace Securities Corp., Deutsche Alt-A Securities Inc., DB Structured Products Inc., and Deutsche Bank Securities Inc.

In the original complaint, the insurer accuses Ace Securities and other named defendants of selling RMBS to Allstate without fully disclosing underlying risks associated with the mortgages backing the securities.  The securities were not initially originated by the defendants, but by several firms already in bankruptcy court, including People's Choice Home Loan Inc., First NLC Financial Services LLC and American Home Mortgage Holdings Inc. Those entities sold off the securities to the defendants before they, in turn, made a sale to Allstate.

Ace Securities and all other similarly situated defendants want the case moved to a federal court — the jurisdiction for bankruptcies — so the named defendants can seek compensation from the initial sellers of the securities as those parties move through the bankruptcy reorganization process.

Last week, defense attorneys for JPMorgan Chase (JPM: 37.2942 -0.52%) made the same move, asking a federal court to move  a securities lawsuit filed by Allstate to the U.S. District Court for the Southern District of New York, so the defendants could recover from some of the original issuers who are in Chapter 11.

Debbie McComas, a partner for Haynes and Boone in Dallas, said the federal courts are the province for handling bankruptcy issues, which could be the motivation behind these transfer requests.

Write to Kerri Panchuk.



Origination/Lending
Consumer sentiment climbed to an index level of 75 in January, the best reading of the Thomson Reuters/University of Michigan...

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Secondary Markets/Investors
The new federal task force led by New York Attorney General Eric Schneiderman sent subpoenas to the 11 largest financial...

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