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Archive for March, 2011

Tuesday, March 29th, 2011

Bank of America (BAC: 7.26 -0.55%) shareholders are suing the bank's 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, according to court records.

The shareholder suit, which was filed in a New York state court this week, relates to actions that occurred between Jan. 20 and Oct. 19, 2010.

The shareholder lawsuit alleges investors witnessed a dramatic decline in the bank's stock value after BofA hid billions of dollars of debt through a process called "dollar rolling." In addition, the plaintiffs claim BofA misrepresented its financial health by failing to properly record "many of its mortgages when originated or acquired" from Countrywide, the suit asserts.

Bank of America said it had no comment when asked about the case Tuesday afternoon.

The suit also claims the bank's failure to properly record mortgages led to problems with the handling of troubled loans, which ultimately resulted in a failure to maintain internal controls over foreclosure processing. In addition, the shareholder suit says BofA did not "have adequate personnel to process the large numbers of foreclosed loans in its portfolio."

The hidden debt situation and a general lack of awareness about the foreclosure debacles led to a situation where BofA stock traded artificially at $19.48 per share on April 15, 2010, the lawsuit contends.

The plaintiff said on Oct 13, "the attorneys general of 50 states, led by the State of Iowa, announced a probe into United States banks regarding loan underwriting guidelines and credit losses." They also began investigating eviction procedures for delinquent borrowers. Once that news broke, BofA stock fell to $12.60 per share, the suit says.

Not long after, BofA reported a net loss of $7.3 billion in the third quarter, pushing its stock even lower to $11.80 per share.

The plaintiffs' contend BofA stock lost nearly 42% of its value.

The investor group names BofA directors and executives as defendants, saying they "owed to BofA and its shareholders the fiduciary duty to exercise good faith and diligence in the administration of the affairs of the company and in the use and preservation of its property and assets, and the highest obligations of fair dealing."

The defendants are accused of making false and misleading statements, gross mismanagement, abuse of control, and waste of corporate assets.

The shareholders are asking for unspecified damages, court costs, expenses and attorneys fees.

Write to Kerri Panchuk.

Tuesday, March 29th, 2011

The qualified residential mortgage standards proposed Tuesday are too narrow and would only push more business toward the government, two secondary market trade groups said.

Lenders and securitizers will be exempt from retaining 5% of the risk only on mortgages that meet the QRM standards. Regulators proposed Tuesday that a QRM would require 20% down among other guidelines. However Fannie Mae, Freddie Mac and the Federal Housing Administration would be exempt from having to meet these standards.

American Securitization Forum Executive Director Tom Deutsch said the QRM rules are "extremely rigid" and would further prolong the government's 95% mortgage market dominance.

"Drawing private capital out of the mortgage finance system, rather than encouraging its entry, will only serve to further depress home prices nationwide and keep first-time homebuyers out of a housing market suffering from a severe oversupply of available homes," Deutsch said.

Richard Dorfman, managing director and head of the Securities Industry and Financial Markets Association echoed Deutsch's sentiments said lower-income homeowners may be priced out of the market because of the 20% down payment.

"SIFMA notes that the QRM definition, which provides an exclusion from risk retention requirements for certain lower-default risk mortgage loan pools, will have a significant impact on the availability and cost of mortgages for consumers," Dorfman said. "It is essential that regulators implement an effective standard, which strikes a balance between credit quality and availability, while not making mortgage credit unaffordable. As proposed today, the QRM definition appears to be narrowly crafted."

However, Federal Deposit Insurance Corp. Chairman Sheila Bair defended the proposal, saying that the QRM does not have to dominate the market and will instead take up only a "small slice."

"The QRM is the exception, not the rule, and as such, I believe should be narrowly drawn," Bair said. "Properly aligned economic incentives are the best check against lax underwriting."

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Tuesday, March 29th, 2011

Las Vegas February home sales rose to a five-year high, boosted by cash and investor purchases, according to DataQuick.

Cash deals represented more than half of all transactions for the third consecutive month, while the percentage of homes bought with a mortgage dropped to the lowest point for any month in at least 17 years, the San Diego-based real estate information firm reported. The number of foreclosure sales, meanwhile, declined from the year-ago period.

In February, 3,879 new and resale houses and condos closed escrow in the Las Vegas-Paradise metro area – the highest sales figure for any February since 2006, when 6,065 sold, up 4.9% from the year-ago period, according to DataQuick Information Systems of San Diego.

The number of homes purchased with cash rose to 2,198 – 56.7% of all transactions – was the highest since at least 1994. The number of homes purchases financed with a mortgage fell to 1,681 – the lowest for any month since February 1995.

The unusually high level of cash buyers reflects a combination of factors, including tighter lending standards  and cash buyers’ ability to move to the head of the line when there are multiple offers.

The median price paid for all new and resale houses and condos sold in the Las Vegas metro area last month was $118,500, down 6.1%  from $126,197 in February 2010.

The median price paid last month for resale single-family detached houses was $125,000, down 6.6% from a year earlier.

Distressed sales — sales of foreclosed homes and short sales — continue to weigh heavily on the market, representing about 71% of all transactions last month.

Foreclosure resales – homes that had been foreclosed on in the prior 12 months accounted for 56.7% of the Las Vegas resale market in February, down from 59.6%  a year earlier. Foreclosure resales peaked at 73.7% of the resale market in April 2009.

Short sales — transactions where the sale price fell short of what was owed on the property — made up an estimated 14.3% of Las Vegas-area sales last month.

Write to Kerry Curry.

Follow her on Twitter @communicatorKLC.

Tuesday, March 29th, 2011

A lot of what I've been talking about in this column over the past few weeks has been about how we, as an industry, communicate with those parties that impact our businesses, employees, partners, regulators, legislators and borrowers.

Much of the time, as it turns out, it doesn't look like we put a great deal of thought into what we communicate before we send it out there.

The traditional communications model requires that a sender and a receiver both be connected via the same medium. At least the two parties have that in common. Sometimes, I wonder if we can hope to get much more than that in our industry. It seems that everywhere I look I see examples of people in our industry attempting to communicate ideas that are important to them in ways that make absolutely no sense to me or the people they are targeting with these messages.

Sometimes, I think it just comes down to a matter of perspective. If the two parties are starting at such extreme distances of opinion, it can be really, really hard to create messages on either side that will have an impact on the other. Like attorneys making laws using a micro detailed-oriented perspective instead of a big picture view or industry professionals (say brokers or appraisers) speaking rationally about things that impact their income negatively, sometimes we're just not capable of seeing the forest for the trees and therefore can't communicate a path through the woods.

Most of the time, if we invest a little time in thinking about the message we really want to communicate and about the impact and results we want that message to produce, we can do a fairly good job of getting the right message out there. I once read that good writing is a result of clear thinking. I think that pertains equally well to communication through any other channel. Investing a bit of time to clarify our thinking is an excellent first step in effective communication.

The next step is choosing the channel or medium we'll communicate through. Today, we have a lot more media than ever before. My team is at the Mortgage Banker's Association's technology show this week, and we've been sending news out to our friends via Twitter since the show started. There are other New Media channels our industry will be exploring in the future. But one medium that won't be going away soon is the live business conference.

Communication takes place on so many different levels at the live conference that it's almost impossible to track. People are meeting in hallways, elevators, exhibit halls and in session rooms. They rent suites, host lunches or dinners or parties and even charter boats for evening excursions. But the staple form of communication that the live conference is built around is the conference session. I find this to be, fairly consistently, the lowest value form of communication that goes on at a live conference. But it shouldn't be.

When you are spending more than $1,000 on a pass to get into sessions at a major industry show, you would expect, I would think, to have some important questions answered, to learn something that will make you more successful, maybe even to be surprised by something. I have found that this happens rarely in our industry. The best evidence I have for this is the large percentage of attendees that show up at an industry conference but don't even bother to buy a badge.

Not all conference sessions are content challenged, to be sure, but those that are, are usually led by speakers who either can't talk about what they do for compliance reasons or because the executive on the panel doesn't have direct knowledge of that part of the business, or they speak about their success in such a specific manner that it doesn't address the larger issue and therefore doesn't apply to most of the attendees. These are the guys who will go on at length about how they integrated their system to a major investor's technology in a very short time frame and for a very reasonable amount of money without telling you why they performed the integration in the first place. Yes, we understand that you're a really great company and have smart people working for you, but why was your approach the answer to the larger problem the session promised to address?

Of course, one hurdle that every conference session must overcome is the fact that there is only so much information we can share with each other without making it look like we're limiting competition or fixing prices. There are specifics we just can't get into in our business conferences and that's probably good. But conference planners should still strive to put enough solid, actionable information into every session to justify the price of admission.

I think the reason why that doesn't happen very often is because the way we choose conference sessions is flawed. Back when I was setting up conferences for Thomson Financial, my editorial director would come into my office, tell me the type of conference he would like and then give me a deadline for setting the agenda and inviting the speakers. It was a great exercise because it was always a show centered in one of my beats, and I already knew most of the hot topics the publication's readers wanted to know about.

It wasn't perfect, because I didn't know every possible speaker and there were probably some hot topics that would get left out. Later, when the company moved the conference department to another business unit and then asked people who knew nothing about our industry to set up the shows, it got a lot worse.

When someone is trying to set an agenda for a show focused on something outside of their area of expertise, pretty much the only thing they can do is set up an online form, try to get as many session proposals as possible and then use an advisory council or some other informed body to winnow them down into a decent agenda. In my experience, this hasn't really resulted in that many great conferences.

So, how can we do a better job of providing real value in the sessions of our future business conferences? One way would be to let the people attending the conference vote on the sessions and the speakers. If you pay the fee, before a certain time, you get to select three sessions from the list of those that were vetted by the conference planners. Those sessions with the most votes get on the agenda, with the highest voted sessions earliest in the show. Time frames would be challenging because you'd have to offer plenty of lead time, but it would almost certainly increase the number of attendees interested in coming out for a show.

Would it make every conference great? Probably not. What it would do would be to give the people footing the bill for the event a voice in the information presented to them.

Rick Grant is veteran journalist covering mortgage technology and the financial industry.

Follow him on Twitter: @NYRickGrant

Tuesday, March 29th, 2011

JPMorgan Chase Bank (JPM: 37.38 -0.29%) filed suit against foreclosure law firm Ben-Ezra & Katz this week to compel the return of thousands of foreclosure documents.

The documents outlined in the bank's case represent approximately $400 million in financial transactions, JPMorgan Chase alleged.

Ben-Ezra says the firm has been responding to the plaintiff's request in good faith.

"We are working to resolve the issues raised in the suit," the firm said Tuesday. "We do not believe at this point that the differences are insurmountable, and we are seeking to reach a satisfactory conclusion."

JPMorgan Chase said in court records the bank terminated a foreclosure servicing agreement with Ben-Ezra on March 8, prompting JPMorgan to demand the return of all foreclosure filings and records tied to JPMorgan's cases.

The bank claims Ben-Ezra has yet to return a large quantity of the documents, even after Chase "has made repeated demands to Ben-Ezra" to return the Chase files.

In February, Ben-Ezra laid off 236 staff members after one of its major clients Fannie Mae announced it would pull its default servicing business from the Fort Lauderdale-based firm.

The government-sponsored enterprise sent a notice to mortgage servicers earlier in the year, advising them to move all Fannie Mae matters to other firms. 

Four days later, Ben-Ezra & Katz announced a 41% staff reduction, cutting its employee base from 586 to 350 employees, according to Ray Casas, a spokesman for the Fort Lauderdale-based law firm.

Write to Kerri Panchuk.

Tuesday, March 29th, 2011

Democrats sent a letter to Treasury Secretary Timothy Geithner Monday night, detailing their plans for improving the Home Affordable Modification Program.

The letter, signed by 50 Democrats, came one day before the House of Representatives is set to vote to terminate HAMP. The program launched in March 2009, and since, participating servicers started roughly 600,000 permanent modifications. However the Congressional Oversight Panel estimates HAMP will avert only 800,000 foreclosures before the program ends, far short of the 3 million to 4 million originally estimated.

Democrats want the Treasury to enforce a range of new requirements under the program. These include establishing a single-point of contact between the borrower and the servicer, ending the practice of pursuing a foreclosure and a modification simultaneously, and requiring an independent review of loan modification denials.

The changes are strikingly similar to the settlement proposal by the 50 state attorneys general investigating these same companies for foreclosure fraud. And last week, 18 senators sent a similar letter to the Treasury asking for the same requirements.

But in addition to these requests, House Democrats want the Treasury to begin assessing penalties outside of any deal struck between the AGs and the servicers.

"We ask that the Treasury Department begin levying fines and penalties against servicers who fail to follow program rules," the letter reads. "We believe that continuing HAMP without meaningful enforcement would be a mistake."

House Republicans were not optimistic that the changes would be put in place, sources said.

However, the Treasury responded Tuesday morning. In a speech at Harvard University, Assistant Secretary Tim Massad reiterated that the Treasury did not have the legal authority to assess fines, but it will begin grading the 10 largest servicers beginning next month and will withhold funds from any company that scores poorly.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Tuesday, March 29th, 2011

Mortgage origination technology firm Ellie Mae priced its initial public offering between $9 and $11 per share.

The Pleasanton, Calif.-based firm, which hosts one of the largest electronic mortgage origination networks in the U.S., said it will offer 5 million shares with the firm's executive stockholders offering 2.5 million shares for a total of 7.5 million shares.

Ellie Mae intends to list the common stock on the New York Stock Exchange under the symbol "ELLI." They expect net proceeds to be around $40 million, based on a $10 per share price.

Ellie Mae's network connects mortgage origination professionals to lenders, investors and service providers involved in the origination and funding of residential mortgages. Participants use the firm's Encompass software, which handles business and management functions for mortgage originators. The firm was founded in 1997. Sigmund Anderman, one of its co-founders, has served as CEO since the inception.

The firm's prospectus on the IPO points to "extreme turmoil in the mortgage industry" and notes that many mortgage originators — potential clients of the firm — have gone out of business since 2007. The company said its Encompass software users "declined 35% from approximately 79,000 on Dec. 31, 2006, to about 51,000 at the end of 2010."

During that period, "the number of active broker Encompass users declined by 80%, and 30 of the 44 lenders accepting loans through the Ellie Mae Network went out of business or stopped funding loans through their wholesale channel for mortgage brokers between March 2007 and August 2009," the prospectus notes.

The potential pool for Ellie Mae's Encompass software dropped 47% from approximately 495,000 at the end of 2006 to about 260,000 at the end of 2010, the firm said.

On top of that, mortgage lending volume is expected to be lower in 2011 and 2012 than it was in 2010 while experts have predicted that the current historically low mortgage interest rates will rise.

"The expected lower levels in residential mortgage loan volume in 2011 and 2012 as compared to 2010 levels will require us to increase our revenues per loan effected through the Ellie Mae Network in order to maintain our financial performance," the company said in describing risk factors of the IPO.

Besides its Encompass software, Ellie Mae offers a variety of other services. Lenders and others who use its network pay the firm "network transaction" fees. The firm also generates revenue from the sale of its software and related services.

Ellie Mae had net income of $777,000 in 2010, down from $1.66 million in 2009, according to consolidated financial data filed with the Securities and Exchange Commission. In 2008, the height of the financial crisis, the firm reported a net loss of  $1.06 million. Revenue was $43 million in 2010, up from $37.7 million a year ago. Revenue in 2008, during the height of the financial crisis, was $33.6 million.

Underwriters for the IPO are Barclays Capital, William Blair & Co., Piper Jaffray & Co. and Morgan Keegan & Co.

Write to Kerry Curry.

Follow her on Twitter @communicatorKLC.

Tuesday, March 29th, 2011

Republicans in the House of Representatives are busily assembling several legislative proposals to reform the housing sector and reduce government support for the secondary market in home loans used by banks to manage their liquidity.

According to Joe Engelhart at CapitalAlpha Partners: “House Republicans are considering an ambitious series of standalone legislative initiatives to reduce the role of Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) over the next five years.”

Meanwhile, President Barack Obama has started another war in the Middle East with his political soul mates in the EU. The President has also embarked upon an ambitious schedule of foreign tourism and domestic campaign stops, but nothing of substance.

Tuesday, March 29th, 2011

Financial services firm Walker & Dunlop (WD: 11.93 +0.76%) grew its fiscal 2010 revenue by 37% on loan origination fees, higher servicing fees and an expanded commercial mortgage servicing portfolio, the Bethesda, Md.-based company said Tuesday.

This revenue spurt occurred as the commercial real estate financier highlights the need to follow GSE regulatory reform due to its frequent use of Fannie Mae, Freddie Mac and the department of Housing and Urban Development as capital sources.

"We will closely monitor legislative developments and continue to use Fannie Mae, Freddie Mac and HUD as sources of capital for our multifamily financing activity," the firm said in a statement. "We will also grow our non-agency lending operations for life insurance companies, CMBS, and other sources of capital for commercial real estate."

Walker & Dunlop's profit declined from $39.5 million, or $2.76 per share, in fiscal 2009 to $8.2 million, or 55 cents per share, for fiscal 2010. In the fourth quarter of 2010, Walker & Dunlop posted a net loss of $21.3 million, compared to a profit of $10.8 million in the same quarter a year earlier.

The company's profit decline in fiscal 2010 is attributed to a tax status change that occurred after Walker & Dunlop finalized an initial public offering in December, resulting in a $31.6 million deferred tax charge.

At the same time, the company's revenue growth in 2010 shows significant expansion within its mortgage banking segment. For fiscal 2010, the company reported gains from mortgage banking activity in the $85.2-million range, up from $57.9 million a year earlier, reflecting 47% growth.

Fourth-quarter gains in mortgage banking activity also grew 50% over 2009 levels, hitting $26.7 million.

Meanwhile, gains tied to mortgage servicing rights grew 42% from $30.2 million in 2009 to $43.1 million in 2010.

Walker & Dunlop added, "Gains attributable to mortgage servicing rights, however, are only earned on originations of Fannie Mae, Freddie Mac and HUD loans. Therefore, as the mix of the company's origination varies among those three sources of capital and other sources of capital where the company does not recognize MSRs, the gains attributable to MSRs may, or may not, move in tandem with aggregate origination volumes."

By year-end 2010, the company's loan originations totaled $3.2 billion, up 42% from $2.2 billion in 2009. In addition, the servicing portfolio was valued at $14.6 billion, up 11% from last year. Servicing fees for the entire year totaled $27 million, up 29% from a year ago.

Write to Kerri Panchuk.

Tuesday, March 29th, 2011

In April, the Treasury Department will begin grading servicers on their performance in the Home Affordable Modification Program.

Assistant Secretary Tim Massad made the announcement Tuesday when speaking before the John F. Kennedy School of Government at Harvard University. Later Tuesday, the House of Representatives is scheduled to vote on a bill that would terminate HAMP nearly two years before it is scheduled to at the end of 2012.

Massad said the Treasury will begin releasing a quarterly compliance report, which will include a scorecard for each of the 10 largest HAMP servicers. It will measure how servicers evaluate homeowners for modifications, staff resources and internal processes these companies dedicate to the program.

However, Massad and the Treasury maintains it does not have the authority to crackdown on those participating in HAMP, but he said it can keep funding from the servicers that do not make the grade.

"Under the law, this is a voluntary program, based on a contract. We do not regulate the servicers, and we cannot fine them," Massad said. "To date we have required servicers to take remedial actions to fix inadequacies based on our contractual rights. We will continue to take those actions, and we will begin withholding financial incentives for servicers receiving an unsatisfactory grade."

Through February, servicers started roughly 600,000 permanent modifications through HAMP, which was launched in March 2009. Originally estimated to reach between 3 million and 4 million borrowers, the program has been deemed a failure by some, underwhelming to most — yet touted by the Treasury as the foundation upon which all private modifications since have been based.

But even HAMP's harshest critics, including New York Superintendent of Banks Richard Nieman does not support terminating a program that has consistently helped between 25,000 and 30,000 families per month.

"Critics like myself have stated on numerous occasions that the Home Affordable Modification Program must continue to do better for American families," Nieman said. "Our position remains the same. But killing the program is a far worse solution than even maintaining the status quo."

Write to Jon Prior.

Follow him on Twitter @JonAPrior.



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