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Archive for April, 2011

Friday, April 15th, 2011

Underwriting on CMBS loans is loosening as originators compete for more business in a sector that's starting to heat up again.

"The first transactions to emerge from CMBS 2.0 were very conservative in most facets, benefiting an industry emerging from a very stressful period," said Huxley Somerville, group managing director and head of U.S. CMBS for Fitch. "However, standards, not surprisingly, are beginning to loosen as competition amongst originators intensifies and the economy continues to rebound."

In the past year, CMBS loan attributes have moved from being very conservative to more traditional, while still healthy, according to Fitch.

"The CMBS market is likely to balk at further loosening of underwriting standards since future deals would become increasingly uneconomic," Fitch reported.

Greater competition among originators in the CMBS arena arrives as loan performance improves within the segment. The percentage of CMBS loans paying off on their balloon date hit a two-year high in March, according to Trepp, a commercial mortgage analytics firm.

In March, 55.5% of CMBS loans paid off when they reached their balloon date, making it only the second time in 27 months for the payoff percentage to crack 50%.

Comparatively, the average percentage of loans paying off each month held at about 36.7% this past year.

Trepp said larger loans tended to payoff in a more "timely fashion" in March, suggesting that "larger loans and trophy properties are having an easier time finding financing in the current environment."

Before the onset of the 2008 financial meltdown, payoff percentages remained above 70% on average, Trepp said.

Write to Kerri Panchuk.

Friday, April 15th, 2011

The Federal Reserve's move away from accommodating monetary policies — including QE2 — is in the "not-too-distant future," said Charles Plosser, president and CEO of the Federal Reserve Bank of Philadelphia.

Plosser made that statement while speaking at the 20th Annual Hyman P. Minsky Conference in New York.

The Fed enacted QE2 last November to green light the Fed's purchase of $600 billion in Treasury debt. The Treasury's purchases are expected to end mid-summer.

"The apparent strengthening of the U.S. economy suggests that, in the not-too-distant future, monetary policy will have to begin reversing course from a very accomodative policy stance," said Plosser. "As we choreograph that exit, I believe that the Fed should do all it can to underscore its commitment to maintaining price stability."

While QE2 has been a hot topic for months, Plosser's speech shows a heightened focus on price stability as Americans witness higher gas prices, compounding fears of another 1970s-type inflationary period.

"Now we are experiencing sharp increases in oil and other commodity prices. While such price increases are typically associated with changes in relative supply and demand, we must not be too sanguine that high unemployment and output gaps will guarantee that these relative price shocks won’t pass through to higher general inflation rates, particularly in an environment where monetary policy is very accomodative," Plosser said. "By declaring an inflation objective, the Fed can underscore its commitment to keep inflation low and stable and protect against a loss of credibility, which, in turn will keep inflation expectations anchored despite volatile commodity prices."

Write to Kerri Panchuk.

Friday, April 15th, 2011

The new risk-retention rule will produce higher quality originations, as intended, but will also constrict lending and further depress the housing market, according to Standard & Poor's.

The research firm released a report Friday analyzing the effects of the risk-retention rule and its accompanying exemption standard, the qualified residential mortgage.

Federal agencies are proposing banks keep "skin in the game" — retaining 5% of the risk for all loans that don’t qualify as a QRM. A qualified residential mortgage is one with a maximum 80% loan to value, on a property that is owner-occupied and has a 30-year amortization period with full documentation. A borrower must have a track record clear of 60-day delinquencies. This excludes interest-only loans and loans with premium penalties.

Lawmakers recently voted in favor of a 20% down payment in addition to the tighter underwriting standards.

"We believe these proposed underwriting standards will likely reduce the amount of available residential mortgages and push back the recovery of the nonagency RMBS market," said Erkan Erturk, research analyst with S&P. "Fewer borrowers will meet these underwriting standards, which will reduce demand for housing and depress home prices even further."

Erturk has little doubt, however, that the proposed underwriting guidelines will improve future credit performance of loans that are securitized and will have a positive impact in the long-term.

About 20% of current mortgages meet the QRM standard. JPMorgan Securities said in recent commentary that less than 20% of all GSE loans originated since 2001 would be exempted from risk retention, although loans backed by Fannie Mae and Freddie Mac may be exempt from the rule.

Regulators debated the rules surrounding risk retention Thursday and are  considering lowering the down payment requirement to 10%.

"I disagree that all residential mortgage loans will have to fall under the QRM. Risk retention is not meant to stop securitization. It's meant to make it more responsible," said Rep. Barney Frank (D-Mass.). "But there are arguments that 20% is too high of a number, and I'm willing to work with others on that."

The QRM proposal is up for comment until June 10.

Write to Christine Ricciardi.

Follow her on Twitter @HWnewbieCR.

Friday, April 15th, 2011

Mortgage servicers forced to comply with federal enforcement orders on the foreclosure process will see an increase in servicing costs and longer timelines, Bank of America Merrill Lynch said in a research report Friday.

The Federal Reserve, the Office of the Comptroller of the Currency and the Office of Thrift Supervision announced enforcement actions against Ally Financial [[Ally-PB]], Aurora Bank, Bank of America (BAC: 7.229 -0.97%), Citigroup (C: 30.40 +0.07%), EverBank, HSBC (HBC: 42.51 +0.78%), JPMorgan Chase (JPM: 37.265 -0.60%), MetLife (MET: 34.78 +0.81%), OneWest, PNC (PNC: 58.95 +0.08%), Sovereign Bank, SunTrust (STI: 20.43 -0.34%), U.S. Bancorp (USB: 27.79 0.00%) and Wells Fargo (WFC: 29.37 +1.10%) this week.

"The biggest change will be the establishment of a single point of contact for borrowers," BofA said in its report "In addition, servicers will need to hire and train additional staff. Longer term, the additional staff should help to work through the backlog of foreclosures in the pipeline."

With the enforcement orders containing 25 action items and 50 new policies, BofA-Merrill Lynch said servicers will "have to reallocate resources to first develop then implement the plans."

The BofA Merrill Lynch report says the consent orders could give servicers leverage when negotiating with attorneys general who are pushing for a settlement with servicers over foreclosure processing issues.

"Until an agreement with the AGs is completed, a cloud is expected to remain over the foreclosure process," BofA-Merrill Lynch analysts wrote.

Write to Kerri Panchuk.

Friday, April 15th, 2011

Fannie Mae told mortgage servicers Friday that any deals that would compromise mortgage insurance on loans delivered to the government-sponsored enterprise are strictly prohibited.

Fannie issued a servicer policy update clarifying its prohibitions on loss sharing, indemnification and settlement agreements with mortgage insurers.

"Fannie Mae reminds servicers of their contractual obligation and responsibility to ensure that any mortgage insurance coverage required at the time a loan is delivered to Fannie Mae is maintained and remains in force to protect Fannie Mae’s interests in its mortgage loans at all times, unless the conditions that Fannie Mae imposes for replacing or canceling the coverage are met," the guidance stated.

Fannie Mae clarified that arrangements that compromise mortgage insurance coverage are generally inconsistent with protecting the GSE's interests in mortgage loans.

"Effective immediately, Fannie Mae is prohibiting servicers from entering into any agreement that modifies the terms of an approved mortgage insurance master policy on loans delivered to Fannie Mae."

Prohibited agreements include, but are not limited to, agreements that directly or indirectly:

  • Modify master policy provisions for settling of claims
  • Limit the right of a mortgage insurer to conduct file reviews or investigate claims
  • Limit the right of a mortgage insurer to rescind coverage
  • Rescind or modify coverage,
  • Restrict notice to Fannie Mae of changes in coverage status.

Fannie said servicers must also disclose any such agreements previously enacted with mortgage insurers.

Write to Kerry Curry.

Follow her on Twitter @communicatorKLC.

Friday, April 15th, 2011

Improvements to the mortgage servicing process at Bank of America (BAC: 7.229 -0.97%) pushed costs roughly $1 billion higher over the last two quarters, CEO Brian Moynihan said Friday.

The bank reported a 37% drop in first-quarter earnings from a year earlier as it continued work on solving delinquent loans and settling representation and warranties claims. But when revelations surfaced in the fall over mishandled foreclosures at BofA and other major servicers, investigations were launched and costly changes were forced upon the bank.

On Wednesday, the Office of Comptroller of the Currency and the Federal Reserve announced consent orders were signed with 14 mortgage servicers, forcing them to adopt stricter oversight of their processes and establish a variety of new options for borrowers, including a single-point of contact and a "look-back" review of foreclosure actions.

In February, BofA split its servicing department in two, focusing one segment on the efforts to remedy delinquent and discontinued mortgages. But in a conference call with investors Friday, Moynihan said changes began well before then.

"The work took place in October, November, and December. We've implemented these new changes, and that's why we've been adding people," Moynihan said.

Of the 1,500 employees who received pink slips this week, at least 300 will fill positions at the bank's Legacy Asset Servicing division created in February. Also Friday, BofA said Chief Financial Officer Chuck Noski will become vice chairman and Bruce Thompson will replace him as CFO. Thompson will remain chief risk officer until a replacement is found.Gary Lynch was named global chief of legal, compliance and regulatory relations. Lynch joins BofA from Morgan Stanley, where he was vice chairman based in London. He will be based in New York and report to Moynihan. Lynch will join the company after fulfilling the terms of his garden leave.

On Thursday, John Walsh, head of the OCC, said the consent orders would require "substantial expense to fix" the problems at these operations.

JPMorgan Chase (JPM: 37.265 -0.60%) said in its earnings report Wednesday the consent orders and increased servicing costs caused it to devalue its mortgage servicing rights by $1.1 billion in the first quarter.

Other servicing costs came to Bank of America, the largest servicer of Fannie Mae and Freddie Mac loans. The government-sponsored enterprises charged BofA $548 million for the foreclosure delays.

Fannie, Freddie and their regulator the Federal Housing Finance Agency began work in January on revamping the fee structure for mortgage servicing, in order to better align compensation for these companies with their new responsibilities.

"With the increased work in mortgage servicing, ultimately you have to get paid for it," Moynihan said.

For an in-depth look into the new Bank of America legacy servicing unit, pick up the May issue of HousingWire.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Friday, April 15th, 2011

Bank of America (BAC: 7.229 -0.97%) laid off 1,500 associates nationwide as the bank anticipates a 25% downturn in the mortgage origination market.

A BofA spokesman confirmed the bank would close or consolidate more than 100 fulfillment centers and cut staff. At least 300 of the associates will fill positions at the bank's Legacy Asset Servicing division created in February to work through discontinued and delinquent loans. There, they will support modification and foreclosure-prevention initiatives.

The rest were encouraged to apply at other positions open at BofA.

The bank reported $2 billion in earnings during the first quarter, a 37% drop from one year ago. BofA settled new representation and warranties claims saw expenses increase in the new servicing department.

Last week, Wells Fargo (WFC: 29.37 +1.10%) laid off 1,900 employees from its mortgage division as housing demand fell, the bank said Thursday.

Since 2008 demand for mortgage-related jobs vanished as liquidity dried up. In the mortgage industry, the work force was slashed in half as of February 2011. Roughly 257,000 jobs in the industry have been lost since the downturn.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Friday, April 15th, 2011

The Federal Reserve Bank of New York recouped well over a $1 billion this week by selling subprime mortgage bonds it acquired from American International Group (AIG: 25.00 -0.56%) in 2008.

On Thursday, the bank sold eight bonds from its Maiden Lane II portfolio for $534.1 million. Earlier in the week, the central bank sold 37 subprime mortgage bonds for $626 million. The transactions suggest there is still demand for this asset class in the market.

The Fed acquired the bonds from AIG in the heat of the financial crisis and parked them in its Maiden Lane II portfolio. The new sales follow a $1.3 billion subprime mortgage-backed offering by the Fed on similar AIG assets a week ago.

At the end of March, the Fed rejected AIG's offer to buy back the residential mortgage-backed securities, deciding to offer them piecemeal in the open market instead.

Fed officials "judged that the public interest in maximizing returns from any sale and promoting financial stability would be better served by an alternative approach to realizing value that is also more consistent with normal market practice."

Write to Kerri Panchuk.

Friday, April 15th, 2011

Foreclosure activity in North Texas is at a 40-month low based on the number of distressed properties scheduled for May auctions, research firm Foreclosure Listing Service Inc. said Friday.

The filing deadline for next month's auctions has passed, with 3,719 foreclosure postings filed in the nation's fourth-largest metro area. The number of postings is down 23% from a year earlier and at the lowest level since January 2008. The study covers foreclosure auction postings in four Texas counties — Denton, Collin, Tarrant and Dallas — where about 9.6 million people live.

While the statistics show significant improvement from last April when 4,861 filings were posted, George Roddy, president of Foreclosure Listing Service, said the D/FW area is not out of the woods yet.

"I believe this is an artificial decline in foreclosure notices due to the tremendous scrutiny applied by regulators during recent months in response to publicity about past problems with the foreclosure process, including robo-signing," Roddy said.

On a month-to-month basis, foreclosure posting activity for May fell 28% from April.

Write to Kerri Panchuk.

Friday, April 15th, 2011

eMortgage Logic is adding a collateral assessment report to its automated valuation model evaluations to adhere to the recently implemented interagency appraisal guidelines.

The Federal Reserve, the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corp., the Office of Thrift Supervision and the National Credit Union Administration jointly filed the Interagency Appraisal and Evaluation Guidelines, with the Federal Register in early December. The Dodd-Frank Act passed last summer cleared a replacement of the Home Valuation Code of Conduct to govern appraisals for both Fannie Mae and Freddie Mac.

The collateral assessment report is compiled by a broker in eMortgage Logic's nationwide network. It includes photos, an external evaluation and other local market data relevant to the appraisal. Each report can be customized to the specific needs of a company depending, EML said.

The report runs as a supplement to an AVM appraisal provided by the Fort Worth, Texas-based company.

Ralph Sells, president and CEO of eMortgage Logic, said offering an appraisal tool with flexibility and customization helps professionals in the mortgage industry easily adapt to new rules and regulations.

"Adaptability to changing markets and changing needs is paramount in today's environment, especially with such a rapidly evolving landscape," Sells said. "Lenders and servicers are expected to adapt in short order to the new regulations with very little direction or guidance while being held responsible for compliance of these requirements."

Appraisers and appraisal companies are also being forced to quickly update their processes and procedures due to new regulation. While some companies are integrating valuations done by an actual appraiser, appraisers too are required to provide an automated valuation to supplement their work.

Many in the industry are reluctant to embrace changes in the profession, especially with regard for technology. But George Heredia, vice president and chief appraiser at eMortgage Logic, told HousingWire in a recent interview that change is inevitable for the appraisal profession to survive the current housing crisis.

"I see the profession still intact, albeit a bit shattered and bruised," Heredia writes in a commentary about the profession. "But that has not always been a result of outside forces and much of our profession's ills are due to our own inability as appraisers to grasp market and business changes, embrace new technologies and have a collective voice at the highest levels of government. "

Take a more in-depth look at the changes facing appraisers and the industry as a whole in the May edition of HousingWire magazine.

Write to Christine Ricciardi.

Follow her on Twitter @HWnewbieCR.



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