Archive for March, 2011
[Update 1: clarifies downgrades to Re-REMIC tranches, not entire deals]
A look at news across HousingWire's weekend desk, with more coverage to come on bigger issues:
Ratings agency DBRS downgraded only 53 tranches (out of 1997 tranches total) from 117 re-REMICs some originally rated triple-A, the highest possible rating. Triple-A is often sold on its strong credit structure — meaning Re-REMIC investors bought in to the tranche least likely to be downgraded.
DBRS said the deals are held within real estate mortgage investment conduits, backed by prime and Alt-A residential mortgages, and also sounded a warning to investors holding similar paper.
At the same time, DBRS discontinued 64 classes of similar transactions due to the repayment of underlying notes. "Given the combination of current delinquencies and corresponding potential significant losses, along with expectations for future delinquencies and defaults, current credit support is not expected to sufficiently cover anticipated losses," DBRS said. "In many cases, subordinate classes have already been impaired, further weakening the available credit support for the remaining senior and mezzanine classes."
The Re-REMIC deals will continue to be negatively impacted by a stalled housing market, high unemployment and more loan defaults, DBRS said.
Over the weekend, Moody's Investors Service continued piling onto the billions of dollars worth of subprime RMBS deals downgraded in the past two weeks. In one case, the ratings agency downgraded $25 million in subprime RMBS issued by Ownit Mortgage Loan Thrust.
The impacted deals were first issued in 2004. Meanwhile, the collateral backing the RMBS transaction in question is made up of first-lien, fixed and adjustable subprime mortgages. "The actions are a result of deteriorating performance of subprime pools securitized before 2005," Moody's said, in reference to tightened ratings methodology it is applying to deals proceeding said year.
The downgraded deal will be added to a slew of deals worth more than $2 billion that were downgraded by Moody's in the past two weeks. Previous downgrades included subprime deals issued by Carrington, Soundview and Wells Fargo Home Equity Trust (WFC: 29.32 +0.93%).
Lawmakers in Washington state want homeowners and loan servicers to try to reach a meeting of the minds early in the foreclosure process to save distressed properties from foreclosure. To meet this goal, state lawmakers filed House Bill 1362, otherwise known as the Foreclosure Fairness Act, which, if passed, would provide homeowners immediate access to a neutral third party to assist them before a home is lost to foreclosure.
The proposed policy is in response to the state's rising foreclosure and joblessness rate and the fact that Washington's nonjudicial foreclosure process does not automatically grant distressed borrowers face-to-face contact with foreclosure mediators and lenders. The bill is designed to encourage homeowners to seek the help of professional housing counselors early in the foreclosure process. It also creates guidelines requiring homeowners and lenders to communicate early in the process to find a mutual resolution and to provide a process for foreclosure mediation.
American International Group (AIG: 25.02 -0.48%) is still trying to convince the Federal Reserve Bank of New York that AIG's offer to buy back $15.7 billion in residential mortgage-backed securities is a good deal for the American taxpayers who bailed out AIG, the Wall Street Journal reported. As HousingWire previously covered, AIG proposed to buy back the securities in early March, saying it's "in the best interest of U.S. taxpayers, the government and AIG."
The New York Fed said at the time, "Any decision on a possible disposition of these assets will be made in a way that maximizes the proceeds to the taxpayer and that is consistent with the goal of fostering financial stability." The Wall Street Journal reported over the weekend that AIG is still promoting the deal with no definitive answer yet in sight. AIG, which received $85 billion in federal bailout funds three years ago, said it made the offer to ensure the Federal Reserve Bank earns a profit on the securities and to remove more AIG assets from the Fed's balance sheet.
It's unlikely a bill that would require mortgage servicers to pay $20,000 to local California communities for each foreclosure proceeding filed in the state will pass the California legislature, Rick Sharga, Senior Vice President of RealtyTrac said. The bill in question was filed by California State Assembly member Bob Blumenfeld (D-San Fernando Valley). The proposed legislation would distribute monies raised on foreclosure filing fees to public education, local police, fire departments, small businesses and programs designed to mitigate foreclosures.
"Very unlikely that such a bill would pass, but it would very likely have the effect of causing most mortgage providers to either stop writing mortgages in California entirely, or make the credit and downpayment requirements so severe that it would have virtually the same effect," Sharga told HousingWire. "It's also curious that the bill would go after the servicers rather than the noteholders, since the servicers are merely acting on behalf of the investor or financial institution that actually owns the note," Sharga added.
The bill is scheduled to be heard in committee March 22.
The Federal Deposit Insurance Corp. did not take any banks into receivership Friday.
Write to Kerri Panchuk.
Tags: AIG, DBRS, Moody's, mortgage servicers, mortgages, Re-REMICS, RealtyTrac, resecuritization, triple-A
Posted in Secondary Market/Investors, Top Stories | 1 Comment »
DJSP Enterprises (DJSP: 0.00 N/A), the publicly traded arm of the embattled David J. Stern foreclosure law firm filed a regulatory notice Friday that it would voluntarily delist and deregister its shares from Nasdaq.
The stock closed at 10 cents a share on Friday, in what is expected to be the last day of trading. The stock will no longer be listed after March 28.
DJSP Enterprises provides processing services for the mortgage and real estate industries.
The company received letters from Nasdaq in December notifying it of deficiencies and that it was at risk of being delisted because its stock was trading at less than $1. DJSP does not believe that it will be able to regain compliance by the deadline of May 23, the firm said in a recent news release.
In March, HousingWire reported that the Law Offices of David J. Stern, under investigation for its foreclosure practices, will cease to handle pending Florida foreclosure cases as of March 31, according to a new regulatory filing.
DJSP said at the time that it didn't expect to get any additional business from the Plantation, Fla.-based law firm. Stern was the only major client of DJSP, a foreclosure servicer with processing and title affiliates. Stern resigned as the CEO of DJSP last fall as the investigation of his law firm heated up.
Both Stern and DJSP have been in a freefall since last fall when allegations of robo-signing came to light.
The law firm is one of several under investigation by the Florida Attorney General's Office. It lost a huge chunk of business when Fannie Mae and Freddie Mac pulled their foreclosure cases from the firm, Both Stern and DJSP have gone through several rounds of job cuts.
In November, a DJSP subsidiary defaulted on a bank line of credit.
Write to Kerry Curry.
Follow her on Twitter @communicatorKLC.
Tags: David J. Stern, delist, DJSP Enterprises, NASDAQ
Posted in Servicing/Default, Top Stories | 4 Comments »
Barclays Capital analysts ranked the largest mortgage servicers on how fast they move loans through the loss-mitigation process and ultimately through modification or foreclosure.
While delinquencies have leveled off in recent months, roughly 6.9 million mortgages are more than 30-days delinquent or in foreclosure as of January, according to Lender Processing Services data. The decisions servicers must make once these loans hit delinquency have increased in both importance and scrutiny, especially when issues arose last year about servicers' foreclosure practices.
BarCap came up with three key decision points, and ranked servicers on the speed at which they acted.
First, is when the borrower initially becomes delinquent. Here, if the borrower cannot immediately cure the loan, the servicer begins to evaluate him or her for either a modification or foreclosure. Most currently start foreclosures and pursue a modification at the same time, a practice known as dual-tracking and one that the 50 state attorneys general are attempting to outlaw.
Servicers such as Ocwen Financial Corp. (OCN: 13.81 +0.44%), Morgan Stanley's (MS: 18.0614 -0.49%) Saxon Mortgage Services, and Wells Fargo (WFC: 29.32 +0.93%) currently hold very fast foreclosure and modification rates after 60-days delinquency. Bank of America (BAC: 7.24 -0.82%), JPMorgan Chase (JPM: 37.2942 -0.52%) and Carrington are among the slowest, according to BarCap data.
BofA's 60-plus-day delinquency to foreclosure roll rate was 8% to 10% slower than what analysts expected, while Saxon and Ocwen were nearly 10% faster.
The next decision point is the speed at which servicers liquidate a property either through short sale or REO after foreclosure.
The average time a loan spends in this stage is almost twice as long as in the 60-plus-day delinquency bucket. BarCap showed that Ocwen was one of the fastest to liquidate through short sale or REO, along with Saxon and Wells. Again, BofA, JPM and Carrington were among the slowest, though it was noted Carrington's strategy of renting out REO has long slowed down its process.
Finally, BarCap ranked servicers on how fast they advance interest, schedule principal taxes, and insurance on the delinquent loan. All of these costs the servicer recoups once the loan is liquidated or modified, but for REO the servicer will have to bear some maintenance cost. But costs are going up the longer these loans and properties sit in the pipeline, meaning speed is of the essence, according to analysts.
"If the servicer incurs additional legal costs because of the additional scrutiny required by courts on foreclosures, then this could add to the costs, too," BarCap said. "These costs are never apparent, given to the level of reporting provided in remittance reports but any differences in policies across servicers on these issues could lead to severity differences across servicers."
For subprime loans, BofA, Carrington and Ocwen outperformed the rest, while JPMorgan's Washington Mutual, Saxon and Option One were among the slowest.
BarCap analysts said these timelines will only shrink as a settlement from the 50 state attorneys general nears.
"We do expect more servicers to converge to a lower (roll) rate, especially if the servicer settlement in the news recently is enacted. Among other things, this would prevent servicers from simultaneously processing foreclosures and modifications on a borrower," BarCap said in the report. "It also imposes certain additional responsibilities on servicers for nonjudicial foreclosures, bringing them closer to judicial foreclosures in terms of the paperwork required."
Write to Jon Prior.
Follow him on Twitter @JonAPrior.
Tags: Barclays Capital, foreclosure, loss mitigation, modification, mortgage, servicers
Posted in Servicing/Default, Top Stories | No Comments »
Mortgages that are manually underwritten by originators have less fraud than mortgages underwritten by a software program, according to data released by Quality Mortgage Services.
The Franklin, Tenn.-based firm audited 20,000 loans from 2009 and 2010 post-closing for quality control issues.
QMS found no fraudulent errors in loans that were manually underwritten, while loans underwritten by an automated underwriting system had a fraud rate of 2.09%. As the mortgage industry moves more predominantly into technology, QMS advises pushing for more loans to be subject to manual underwriting.
"Historically, the data produced for the audits performed in Quality Mortgage Services Mortgage Analyst Review Software shows that manually underwritten loans are the best deterrent against fraud for housing," the firm said.
Comparing digital underwriting methods, QMS found fraud in 3.76% of loans done by the Federal Housing Administration Total Scorecard, 1.12% done by Fannie Mae's Desktop Underwriter, 1.22% done by Freddie Mac's Loan Prospector and 2.15% done by the U.S. Department of Agriculture's Guaranteed Underwriting System. QMS argued the rates might be higher, but refinances in the sampling pool drove fraud numbers down.
Results from the QMS audit found a 2.04% fraud rate in 2010 across the pool of loans sampled, up 33.5% from 2009. Almost 2% of conventional loan purchases contained fraud; however, no fraud was found in any conventional refinances.
Out of loans backed by the FHA, 3.51% contained fraudulent elements in 2010, up from 2.56% in 2009. Of that, 3.76% is attributable to purchases and 1.53% is attributable to refinances.
For loans where fraud was detected, the average credit score was 711, up from 658 the previous year, QMS said.
Even though mortgage fraud was more prevalent in 2010 than previous years, the number of incidents of fraud decreased per loan. Incidents involving income, assets or sources of funds, the two most common types of fraud, decreased in 2010. QMS reported instances of income fraud down to 30.77% from almost 33% in 2009. Assets or source of funds incidents dropped to 19.66% from 27.6%, QMS reported.
Appraisal fraud increased, along with loan analysis fraud, credit and liabilities fraud and application fraud.
Both banks and nonbanks witnessed decreases in income documentation fraud, according to QMS. For banks, fraud in this area dropped to 30.77% in 2010 from 34.38% in 2009. Nonbank fraud in this area dropped to 21.69%.
QMS is a mortgage quality control services firm based in Franklin, Tenn. In the fall, the firm produced data that found credit unions originate the highest quality loans.
Write to Christine Ricciardi.
Follow her on Twitter @HWnewbieCR.
Tags: Fannie Mae, Federal Housing Administration, freddie mac, mortgage fraud, QMS, quality control, Quality Mortgage Services, underwriting fraud
Posted in Origination/Lending, Top Stories | 1 Comment »
Home prices in 25 metro markets tracked by analytics firm RadarLogic in its RPX Composite index declined by 3.8% in 2010, the firm reported.
Stability in home prices during the beginning of 2010 was attributed to stimulus of the housing market that came via the government's homebuyer tax credits, low-down-payment Federal Housing Administration loans, and the Federal Reserve's purchase of $1.25 trillion in mortgage-backed securities and $175 billion of housing agency debt, which helped keep mortgage rates near record lows.
When the stimulus ended mid-year, weakness returned to housing markets.
On a month-over-month basis, the RPX Composite price performed worse than its 10-year average in 10 of 12 months in 2010. On a year-over-year basis, the performance of the RPX Composite price through Dec. 31 was worse in 2010 than in any other year save for the bust years of 2007 and 2008.
The RPX Composite prices for the Midwest, West and South in 2010 each declined in excess of 5% from one year earlier. The RPX Composite price for the Northeast outperformed the prices for the other regions, declining just 1.5%. The Northeast price is heavily influenced by housing market dynamics in the New York metropolitan area, where home prices fared better than most other parts of the country.
The rapid decline in the RPX Composite transaction count during July reflects waning demand after the June 30 contract signing deadline for the homebuyer tax credits. This contributed to a large year-over-year gain in transactions during 2009, then the termination of the credits contributed to a large year-over-year decline in 2010.
The discount in prices from the sale of real-estate owned homes relative to prices in other sales increased rapidly from 8% in July 2006 to 41% in August 2008. The discount narrowed to 33% in September 2008, but started widening again when other prices stabilized in early 2009. The discount remained relatively constant during 2010, ending the year at 40%.
In 2010, REO sales increased from 26% to 31% of total sales throughout the 25 metropolitan areas tracked by Radar Logic. Twenty-two of the metropolitan areas exhibited a year-over-year gain in REO sales’ share of total sales.
The RPX Composite price declined 1.6% from Nov. 16, 2010 to Dec. 16, 2010, after declining only 0.3% from the beginning of October to Nov. 16. The only time the RPX Composite price has declined more from November to December was during the housing bust of 2007 and 2008.
As of Dec. 31, RPX prices for 20 of the 25 metropolitan areas had declined between 25% and 60% from their peaks with Las Vegas seeing the biggest decline at 61.8%.
Write to Kerry Curry.
Follow her on Twitter @communicatorKLC.
Tags: home prices, house prices, RadarLogic, RPX Composite
Posted in Origination/Lending, Top Stories | 2 Comments »
Dallas remained a bright spot on the real estate map in 2010 with prices on nondistressed properties rising 1.2% from a year earlier, the Real Estate Center at Texas A&M University said.
The median price on nondistressed Dallas properties rose to $81.52 a square foot in 2010, up from $80.55 for 2009.
Even distressed properties in the Dallas area experienced price gains of 2.5% in 2010 when compared to the prior year, the center reported. The median price for distressed properties hit $57.20 a square foot last year, up from $55.80 in 2009.
Distressed sales accounted for 16.3% of all Dallas home sales in 2010, compared to 5.7% back in 2003 during the housing boom.
The center's positive Dallas report mirrors data from the Federal Reserve Bank of Dallas, which recently said existing home sales in Texas trended upward in the past six months.
The Fed Bank also said home prices rose in every major Texas city during the month of January.
Write to Kerri Panchuk.
Tags: Dallas home prices, home prices, valuations
Posted in Secondary Market/Investors, Top Stories | 3 Comments »
A bill introduced to the Colorado Legislature would charge lenders a $250 surcharge for each foreclosure filed at the county courthouse.
The bill, sponsored by state Reps. Angela Williams (D-Denver) and Mark Ferrandino (D-Denver) passed a House committee in February. If it becomes law, counties can begin charging the extra fees July 1.
The money would go into a foreclosure prevention counseling fund. From there, it would pay for initiatives at local housing counseling agencies approved by the Department of Housing and Urban Development.
Lenders filed more than 2,500 notices of trustee sales in Colorado during February. One in every 239 properties in the state received a filing, which is the ninth highest foreclosure rate in the country.
The bill is another example of Democrats looking to charge banks directly for foreclosure prevention programs that Republicans are trying to end. Rep. Barney Frank (D-Mass.) introduced legislation in the House of Representatives that would charge the largest banks $2.5 billion to pay for two programs from HUD. A California state assemblyman introduced a bill recently that would charge lenders $20,000 for every foreclosure they conduct in the state.
A spokesman for the Adams County Housing Authority, just east of Denver, said this bill does have bipartisan support unlike the others and is even sponsored by Republican state Sen. Steve King (R-Grand Junction).
"Regarding Barney Frank's bill and California's proposal, Colorado's proposal to charge lenders $250 seems downright paltry," the spokesman said.
Write to Jon Prior.
Follow him on Twitter @JonAPrior.
Tags: banks, Barney Frank, Colorado, Democrats, foreclosure, Republicans
Posted in Servicing/Default, Top Stories | No Comments »
Defense attorneys for JPMorgan Chase Bank want to fight a subprime securities-related lawsuit filed by Allstate in federal court.
Allstate sued JPMorgan Chase (JPM: 37.2942 -0.52%) and its subsidiaries Bear Stearns and Washington Mutual in February accusing them of fraudulently selling Allstate more than $750 million in residential mortgage-backed securities supported by underlying toxic loans.
Attorneys for JPMorgan filed a motion to move the suit out of state court and into the U.S. District Court for the Southern District of New York.
The bank's attorneys argued the Federal Deposit Insurance Corp., which offloaded Washington Mutual's troubled assets to JPMorgan three years ago, is governed by federal law not state law.
The defense attorneys also believe some of the underlying businesses that originated the troubled assets could be forced to indemnify JPMorgan for losses related to the case later on. And, since some of those entities are in bankruptcy, which is handled in federal courts, attorneys for JPMorgan believe this makes another case for federal jurisdiction.
Debbie McComas, a partner for Haynes and Boone in Dallas, said there are many benefits to obtaining federal jurisdiction in this type of suit.
"I could see a defendant — particularly a banking defendant — seeing the Federal District Court in New York as a forum that is well versed on these issues," she said. "What they see is an educated forum that can handle these issues and is more well versed on them."
She also thinks the choice of venue could becoming a recurring theme in other RMBS lawsuits.
"It seems that from this new round of litigation related to mortgage-backed securities, there will be new procedural issues popping up that deal with venue jurisdiction and who are the proper parties to the suit," she said.
Write to Kerri Panchuk.
Tags: Allstate, Bear Stearns, JPMorgan Chase Bank, subprime, Washington Mutual Inc.
Posted in Origination/Lending, Top Stories | 2 Comments »
The default rate for bank-held commercial property loans fell in the fourth quarter for the first time in more than four years — just one of several factors Real Capital Analytics believes point to an improved marketplace.
Commercial real estate defaults fell to 4.28% in the fourth quarter, down from 4.36%, according to RCA. The New York-based analytics firm also reported that defaulted loan balances fell to $45.8 billion after 17 consecutive quarterly increases. The fourth-quarter drop constituted almost $1 billion.
Earlier this month, Trepp analytics targeted commercial real estate a problem sector for many banks. Of the nonperforming loans on the balance sheets of the 12 banks that failed in February, 72% were for commercial real estate, according Trepp's data. That accounted for $230 million in nonperforming CRE loans.
Commercial property sales increased 45% in February from a year earlier, RCA reported. This follows a year-over-year gain of 56% in January. In the first two months of 2011, commercial sales volume topped $17.6 billion, RCA said. The firm added that the office and retail sectors are experiencing the greatest increase in activity.
RCA said other factors, including new property offerings, "presage a continuation of the improving trends" in the investment markets. February property offerings exceeding $18 billion reached their highest monthly level since October 2008, according to RCA. Asking prices for these offerings are also in line with recent sales trends, "indicating sellers are both motivated and realistic."
At the end of February, at least $22.5 billion of transactions were reported under contract in addition to Blackstone's pending $9.4 billion acquisition of Centro Properties' U.S. shopping center portfolio and an even larger merger between AMB Property and Prologis, RCA said.
Write to Christine Ricciardi.
Follow her on Twitter @HWnewbieCR.
Tags: AMB Property, Blackstone, Centro Properties, commercial real estate, ProLogis, RCA, Real Capital Analytics
Posted in Origination/Lending, Servicing/Default, Top Stories | No Comments »
Some of the largest banks in the country may boost dividends and restart stock repurchase plans now that the Federal Reserve has completed its comprehensive capital analysis and review.
About two years ago, the central bank advised financial institutions "that safety and soundness considerations required that dividends be substantially reduced or eliminated."
On Friday, the Fed plans to discuss its review with banks that requested a capital action, and all 19 firms that were subject to the stress tests will get "more detailed assessments of their capital planning processes next month."
The mandates to boost capital levels included in Basel 3 and the new requirements in the sweeping Dodd-Frank financial reforms have "substantially clarified the regulatory environment in which these firms will be operating," the Fed said.
From the end of 2008 through 2010, common equity increased by more than $300 billion at the 19 largest U.S. bank holding companies, the Fed said. Allowing these banks to return capital to shareholders improves the entire sector and helps promote the firms long-term access to capital, according to the central bank. The Fed has advised firms to keep dividends to 30% or less of earnings in 2011.
Washington thinktank MF Global anticipates some large firms to act immediately on the Fed decision.
"We would expect most of those banks to make announcements in the coming hours and days," analysts at the Washington-based commodities and derivatives brokerage said.
Under the Fed's stress tests, banks had to show the ability to maintain at least a 5% Tier 1 common ratio. The most-recent test wasn't "as standardized" as the Supervisory Capital Assessment Program undertook in early 2009, and doesn't appear to be as transparent.
"We hear many initial complaints about the black box nature of this stress test," MF Global said. "It is true that the Federal Reserve has provided less detail than in the 2009 test. Yet the Fed did disclose the key economic assumptions. So we believe there is more here than the first impression indicates."
Write to Jason Philyaw.
Tags: Basel 3, dividends, Dodd-Frank, Federal Reserve, MF Global, stock repurchase plans
Posted in Origination/Lending, Secondary Market/Investors, Slider, Top Stories | 2 Comments »












