RSS Twitter

Archive for April, 2011

Monday, April 18th, 2011

Citigroup (C: 30.39 +0.03%) earned $3 billion in the first quarter, or 10 cents per share. While the results fell 31% from one year ago, earnings more than doubled the previous quarter.

The bank reported $19.7 billion in revenue for the quarter, down 22% from a year earlier. Citi said the lower revenues came from a decline in the fixed-income markets and regional consumer banking in North America.

However mortgage originations in North America actually increased. Citi originated $14.1 billion in mortgages, a 37% increase from one year ago. Citi originated $21.8 billion in new mortgages in the previous quarter.

The bank continued to work through its book of bad loans. Citi Holdings assets were at $337 billion at the end of the first quarter, a 50% drop from the year before.

Net credit losses at the bank declined for the seventh consecutive quarter to $6.3 billion, allowing Citi to release $3.3 billion it had set aside for loan-loss provisions into profits.

Last year marked the first full year of positive earnings for the bank since the financial crisis. CEO Vikram Pandit said the start of 2011 has continued that momentum.

"As America's global bank, we are focused on supporting the real economy and creating opportunities for our clients to succeed," Pandit said. "Our sustained profitability has put us in a good position to accomplish our next goal of responsible growth."

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Monday, April 18th, 2011

A look at stories across HousingWire's weekend desk, with more coverage to come on bigger issues:

Treasury Department Secretary Timothy Geithner told NBC's "Meet the Press" Sunday that Republicans recently assured the Obama administration that an agreement to raise the debt ceiling would be reached.

The U.S. is expected to reach its $14.3 trillion borrowing limit by the middle of May. If Congress doesn't raise the debt ceiling by then, the country may default on some liabilities.

Geithner said "you can't play around" with that possibility.

Beginning Monday, the Federal Housing Administration increased the annual mortgage insurance premium on all 30-year and 15-year loans by 25 basis points.

On loans with amortization terms greater than 15 years, the FHA's annual mortgage insurance premium will increase to between 110 and 115 basis points. For loans with amortization terms of 15 years or less, the annual premium is set to rise between 25 and 50 basis points.

The FHA made the adjustment as part of its effort to bring its mutual mortgage insurance fund back to the congressional mandated 2%, then FHA Commissioner David Stevens said in February. Bob Ryan replaced Stevens when he decided to leave for the Mortgage Bankers Association in March.

"After careful consideration and analysis, we determined it was necessary to increase the annual mortgage insurance premium at this time in order to bolster the FHA’s capital reserves and help private capital return to the housing market,” Stevens said.

Closing arguments are set to take place Monday morning in the case against Lee Farkas, the former CEO of failed mortgage lender Taylor, Bean and Whitaker.

The federal government brought 14 counts of bank, wire and securities fraud against Farkas earlier this year. According to U.S. prosecutors, Farkas and co-conspirators at Colonial Bank allegedly devised a scheme that began in early 2002 to cover up cash flow problems. Court documents show the scheme allegedly led to the misappropriation of more than $1 billion.

Last last week, Rep. Maxine Waters (D-Calif.) introduced legislation to making modifications and principal reductions on delinquent mortgage loans mandatory in light of the recent servicing problems. It establishes a requirement for single point of contact and reforms the short sale process.

Waters said the recent settlement between the Office of the Comptroller of the Currency, the Federal Reserve, the Office of Thrift Supervision and 14 mortgage servicers was not harsh enough on the banks.

"In light of the slap of the wrist our regulators are preparing to give 14 servicers who admitted to breaking the law, legislation to require loss mitigation prior to foreclosure is needed now more than ever before," Waters said. "It’s the only way to protect homeowners and to prevent foreclosures."

Waters added that it is the first of several bills she plans to submit in order to further regulate the servicing industry.

Barclays Capital analysts said in a report that credit availability for homeowners should improve in the private market, but by how much depends on the latest restrictive regulation such as risk-retention.

"We expect credit availability to improve, but only gradually, due to pressure on housing and impending regulation," analysts said in a report released over the weekend.

More borrowers in jumbo prime mortgages are eligible for refinancing than any other product type. However, analysts said prepays should increase gradually across all sectors, according to their scenarios.

There were six bank closings over the weekend, bringing the total number for the year to 34. In 2010, there were 156 failures.

The Office of Thrift Supervision closed Superior Bank in Alabama. Newly chartered Community Bancorp in Houston, Texas assumed all $2.7 billion in total deposits and purchase essentially all $3 billion in assets. The Federal Deposit Insurance Corp. estimates the closing to cost the DIF $1.84 billion.

The Alabama Banking Department closed Nexity Bank. Newly chartered AloStar Bank of Commerce assumed all $637.8 million in total deposits and purchase essentially all $793.7 million in total assets. The closing is expected to cost the DIF $175.4 million.

The Georgia Department of Banking and Finance closed two banks. The first was Bartow County Bank. Georgia-based Hamilton State Bank agreed to assume all $304.1 million in deposits and purchase roughly $330.2 million in assets. The FDIC estimates the closing to cost the deposit insurance fund $69.5 million.

The second Georgia closing was New Horizons Bank. North Carolina-based Citizens South Bank agreed to assume all $106.1 million in deposits and purchase essentially all $110.7 million in assets. The closing is expected to cost the DIF $30.9 million.

The Mississippi Department of Banking and Consumer Finance closed Heritage Banking Group. Jackson, Miss.-based Trustmark National Bank will assume all $196.2 million in deposits and will purchase essentially all $224 million in assets. The FDIC estimates a $49.1 million cost to the DIF.

The OCC closed Rosemount National Bank in Minnesota. Central Bank assumed all $36.6 million in deposits and purchase essentially all $37.6 million in assets. The closing is expected to cost the DIF $3.6 million.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Friday, April 15th, 2011

Shares of Pleasanton-based Ellie Mae soared on their first day of trading Friday, marking an auspicious launch for the Bay Area's newest publicly held company.

Ellie Mae jumped 12.8 percent, or 77 cents, and finished at $6.77 on Friday. The company had priced its shares for the IPO at $6. That price, though, was down from the company's prior proposal of an offering at $10.

The company provides software and an electronic network to originate and process mortgages. The software system connects mortgage bankers, mortgage brokers, community banks, credit unions and other mortgage lenders. Mortgage originators can use the system to conduct transactions with lenders.

Friday, April 15th, 2011

JPMorgan Chase Bank (JPM: 37.2692 -0.59%) failed in its attempt to get a temporary restraining order or an injunction against Ben-Ezra & Katz foreclosure law firm this week.

This is the second time in two weeks that Ben-Ezra — which was terminated from its role in handling JPMorgan Chase foreclosure cases —  has pushed back against the mortgage servicer on post-termination issues and managed to secure a favorable decision.

A spokesperson for JPMorgan Chase could not be immediately reached for comment.

In the latest motion filed by JPMorgan Chase, the lender accused Ben-Ezra & Katz of unilaterally withdrawing foreclosure cases from courts and canceling motion hearings before substitute counsel could be deployed by the bank after it terminated Ben-Ezra & Katz's contract.

According to the suit the, "plaintiffs (JPMorgan) alleged the defendant’s actions are a breach of the parties’ agreement that will cause plaintiffs irreparable harm, in that defendant is supposed to provide transition services under the agreement."

JPMorgan Chase also alleged in the complaint that "the agreement states that during the transition period (which the parties are now in, more than 30 days having passed since the termination notice), defendant  (Ben-Ezra) will perform such other services as mutually agreed to by the parties as are necessary to enable plaintiffs to obtain from another [attorney] . . . services to substitute or replace."

Ben-Ezra, on the other hand, alleged the bank failed to provide instructions on how to transition the cases to the bank's new attorneys and cited a Florida Bar rule that reads "a lawyer shall withdraw from representation of a client if the lawyer is discharged." The firm alleged it handled the process in good faith and should not be required to handle cases as a terminated party after the 30-day grace period.

The court held that JPMorgan Chase did not meet its burden to  "show that irreparable harm will occur if the requested injunction is not entered."

In addition, the ruling says "the Anti-Injunction Act precludes the relief sought by plaintiffs, as such an injunction would hamstring a state court that wished to move forward on any of the thousands of pending foreclosure actions."

Instead, the United States District Court of Southern Florida said it would craft a resolution to help both parties move forward.

Write to Kerri Panchuk.

Friday, April 15th, 2011

Startup advertising firm Adzookie has latched on to a high-profile way to publicize itself: by turning homes into massive billboards.

In exchange, Adzookie says it will pay the house owner's mortgage every month for as long as the home stays painted.

Adzookie launched the offer on its website Tuesday — and by late afternoon, the company had already received more than 1,000 applications, according to Adzookie CEO Romeo Mendoza. One even came from a church.

Friday, April 15th, 2011

Gone are the days of the financial crisis, but Chairman of the Federal Deposit Insurance Corp. Sheila Bair said there are specific aspects of the industry that need improvement before the financial system can again be called stable. Furthermore, Bair said new financial regulations under Dodd-Frank can serve as a cornerstone to maintaining economic integrity.

Bair spoke Friday at the Hyman P. Minsky Conference in New York. Minsky was an American economist known for dissecting financial crises.

"I thought it would be useful to frame this discussion in the context of Hyman Minsky's important contributions to the literature on financial instability," Bair began. "Without a doubt, we now have a clear answer to Minsky's central question: "Can it happen again?" It can – and it very nearly did. But can we really prevent it from happening again?"

Bair outlined six things she believes need to be revamped before the financial industry and gain stable footing. The FDIC chairman also said much needed reforms are now being implemented, but there is still on going debate on how they should be implemented. She encouraged her audience not to lose focus on the end goal coming from systematic reformation, but welcome the reforms as they come along.

"I am not going to stand before you and claim that the inherent instability of financial markets can be regulated out of existence," Bair said. "What I will say is that the Dodd-Frank reforms can – if properly implemented – restore market discipline, better align incentives, improve regulation, and greatly reduce the frequency and severity of future crises. This we must do."

Write to Christine Ricciardi.

Follow her on Twitter @HWnewbiCR.

Friday, April 15th, 2011

Real estate investment trusts underperformed most major stock benchmarks in March even as REITs remained poised to increase their ownership in U.S. institutional commercial real estate, investment bank Keefe, Bruyette & Woods said in a report this week.

In terms of stock benchmarks, REITs posted a 1.8% loss in March, compared to a 2.4% rise for the Russell 2000 index. When looking at stock benchmarks for the first four months of 2011, REITs are up 3.4%,  Keefe, Bruyette & Woods said.

"The REIT group now has reasonably levered balance sheets and is poised to increase ownership of U.S. institutional commercial real estate beyond its current 11%-13% stake," KBW added. "The cost and access to capital pendulum has swung in REITs’ favor, so gaining market share at various levels continues to be a key theme for 2011 and over the next several years."

Equity REITs raised $3.8 billion in common equity in March and pulled in $6 billion in common equity during the first four months of the year, the report said. According to a research note from the Royal Bank of Scotland, REITs raised $9 billion of equity capital so far in 2011. This translates into $54 billion in buying power, assuming a leverage ratio of six times.

"We continue to believe that we are in the early stages of a multi-year cycle of equity capital raising for public REITs as companies have largely improved balance sheets and will likely be raising more offensive equity capital to take advantage of gradually emerging acquisition opportunities," KBW said.

Write to Kerri Panchuk.

Friday, April 15th, 2011

The New Democrat Coalition wants to wind down Fannie Mae and Freddie Mac and increase private-sector involvement in the residential mortgage market, according to a new document the group released Friday.

The proposal includes preserving access to affordable loans, including the 30-year, fixed-rate loan, and strengthening taxpayer protections.

The NDC is a 43-member strong coalition of Democrats in Congress whose financial services task force is led by Reps. Jim Himes (D-Conn.) and Gary Peters (D-Mich.)

Its proposals are meant to serve as a set of guiding principals for the coalition on housing finance reform.

The federal government would maintain a limited role to provide oversight, protect taxpayers against losses and ensure continued access to safe and affordable mortgage products, like traditional 30-year, fixed-rate home loans, according to the New Dem plan.

"The New Dems' principles are responsible reforms that, over time, shift the onus from the federal government to the private marketplace, while ensuring strong government oversight and consumer protections," said NDC Chairman Rep. Joseph Crowley (D-N.Y.).

The NDC said it wants the Fannie/Freddie "hybrid model of privatized gains and subsidized losses" eliminated and the reliance on government-backed loans reduced. It said the use of private-sector mechanisms to reduce risk should be encouraged, but did not give further details.

The coalition said any government guarantee "should cover only the securities themselves, which should be based on fundamentally sound mortgages with strong underwriting standards, not the issuing entity. Companies issuing securities products must be subject to a strong and independent regulator that ensures the companies are well capitalized and capable of withstanding deep losses."

Other guiding principals include accurately price risk; encouraging greater competition and deep liquidity; requiring sound underwriting; and limiting activity via a strong and independent regulator that narrowly charters "the activities of issuers to limit these companies from engaging in activity that is inconsistent with preserving the accessibility of traditional mortgage products."

The coalition also said the government-sponsored enterprises are an important source of financing for the multifamily housing industry, and as such, that housing finance reform should not reduce the availability of multifamily mortgage credit.

"We need a housing finance system that preserves the American dream of homeownership and preserves access to affordable mortgages for middle class families. However, we also need reforms that reduce the risk to taxpayers and that create conditions for the private sector to play a larger role in the secondary mortgage market," Peters said.

Write to Kerry Curry.

Follow her on Twitter @communicatorKLC.

Friday, April 15th, 2011

Not every mortgage servicer was required to sign consent orders with the Office of the Comptroller of the Currency, the Federal Reserve or the Office of Thrift Supervision.

But for them, a blend of 50 state attorneys general and smaller regulators are quietly building their case for applying separate punitive damages.

When foreclosure issues arose in the servicing industry last fall, the problems did not solely belong to the largest institutions. Smaller companies had to hold up foreclosures fix faulty affidavits and other breakdowns in the loss- mitigation process. Along with the 10 major settlements announced Wednesday, the OTS cracked down on four smaller thrifts that serviced loans as well.

But some of the other financial firms that flesh out the top 25 spots in terms of total mortgage servicing fall between the regulatory cracks.

Litton Loan Services, which is currently being shopped by Goldman Sachs (GS: 109.90 +1.23%), halted foreclosures in October 2010 to refile affidavits. Saxon Mortgage, owned by investment bank Morgan Stanley (MS: 18.0703 -0.44%) fell under scrutiny as well. American Home Mortgage has been under investigation from the Texas AG Greg Abbott since 2010. And Ocwen Financial Corp. (OCN: 13.82 +0.51%), which never instituted a foreclosure moratorium of its own, did fall under investigation.

Each of those mortgage servicers is registered to do business in their respective states as non-bank lenders. Therefore these companies do not fall under the jurisdiction of either the OCC, Fed, or OTS.

A spokesperson with the Office of Financial Regulation for the State of Florida did confirm the state regulator was still looking into Ocwen, which has offices in Orlando. Litton and Saxon may have to answer to their respective state attorneys general.

Shortly after the foreclosure problems surfaced, the 50 state AGs announced a coalition with state regulators to look into the issue. Federal regulators such as the OCC, the OTS, the Fed, the Treasury Department, the Department of Housing and Urban Development and the Department of Justice hopped aboard.

However, the OCC, OTS and the Fed split off during settlement negotiations to sign their own consent orders with the servicers listed on Wednesday. As part of the agreement, a variety of loss-mitigation protocols will be put in place including single-point of contact, a review of modifications and quality control checks with third-party vendors. While these regulators made room for a monetary sanction, none has been announced yet.

The 50 state AGs and the smaller state regulators, though, are mired in their push for harsher penalties such as mandatory principal reduction, modifications and even fines as high as $25 billion. An agreement among their own ranks avoided consenus when four Republican AGs sent a letter to investigation leader Iowa AG Tom Miller saying the crack down he was pushing for was too stringent and would further harm the market.

Those AGs included Abbott and Florida AG Pam Bondi, the same jurisdiction as the state regulator looking into Ocwen.

Acting Comptroller of the Currency John Walsh and Iowa AG Miller said the settlement reached this week will not undermine the still ongoing negotiations. But homeowner advocacy groups such as the National People's Action aren't so certain and said they hoped the AGs would come down harder on these companies regardless of where they fall in the regulatory jurisdictions.

"American families are depending on their Attorneys General now more than ever to reach a settlement with the banks that truly reforms the industry and brings homeowners and neighborhoods real relief," the group said.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Friday, April 15th, 2011

Foreclosures posted for auction in the Austin, Texas, metropolitan area hit a 28-month low, as the statewide housing market shows signs of recovery.

Just 974 properties received a posting for May's auction, down 14% from May 2010, according to Foreclosure Listing Service Inc. The last time there were so few filings was January 2009, the firm said. One year ago, there were almost 1,200 foreclosure postings in the area.

Travis County, the county seat of Austin, received the most foreclosure filings — 511. That was followed by Williamson County, 324; Hays County, 96; and Bastrop County, 43. So far this year, more than 6,500 properties in the Austin metro area received a foreclosure auction posting. Not all properties that get posted for an auction on the courthouse steps actually go through an auction sale.

Although this is the second consecutive month postings in Austin have dropped, George Roddy, president of FLS, cautions that this does not revert a long-standing trend.

"During the previous 27 consecutive months, the volume of foreclosure filings in the Austin metro exceeded 1,000 each month," Roddy said. "In 13 of those months, foreclosure postings surged above 1,300."

Austin follows the release of Dallas foreclosure data, which show foreclosure postings at a 40-month low for the May auction.

Write to Christine Ricciardi.

Follow her on Twitter @HWnewbieCR.



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

Read More »

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

Read More »