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Archive for April, 2011

Thursday, April 28th, 2011

[Updated Friday 9:30 a.m. with comments from Ben-Ezra & Katz law firm]

Foreclosure default law firm Ben-Ezra & Katz is laying off 154 additional staff members as the firm winds down its foreclosure practice, at least temporarily.

The impacted employees were notified Thursday.

Despite news reports suggesting the firm will shutter its doors entirely, a spokesman for Fort Lauderdale-based Ben-Ezra said the firm will operate as a boutique real estate law firm going forward. Whether it will resume foreclosure services at some point was not immediately clear.

February was the start of a tumultuous three-month run for Ben-Ezra. In the early spring, Fannie Mae sent a notice to mortgage servicers advising them to move all Fannie Mae legal matters from Ben-Ezra to other foreclosure law firms. The result was a substantial cut to Ben-Ezra's business, and then a layoff that cut the firm's staff from 568 to 350 employees in February.

“Despite the potential for chaos and disorder to the court system created by Fannie Mae’s instructions, we want to complete an orderly transition of our work so that this is a smoother process for our clients and the courts,” said Marc Ben-Ezra. “We hope that Fannie Mae will live up to the obligations that were imposed upon it by the court.

“Unfortunately, particularly to the hundreds of people who are or will be out of work, our commitment to acting honestly and forthrightly led to the devastation of our foreclosure work, having to transfer so many files to other law firms.”

The firm had discovered technical errors in a very small percentage of files and notified Fannie Mae, which then ordered lenders to stop using Ben-Ezra & Katz and to pull their files, the firm said.  Most loan servicers took back both Fannie Mae and non-Fannie Mae files.

“It is impossible to sustain this practice with the amount of work that is left,” Ben-Ezra said.  “It took us 20 years to grow from a two-man boutique to a firm with 568 employees. It is sad that a lot of very good people have been left jobless and that our involvement in community and charitable causes will have to be curtailed.”

While a spokesman for the firm could not say how many staff members will be left to run the remaining real estate side of the practice, some attorneys and support staff will remain at the firm.

Ben-Ezra scored a few legal victories against JPMorgan Chase after legal disputes surfaced over the chaotic transfer of files after servicers started cutting ties with Ben-Ezra in the wake of Fannie's advisory note earlier in the year.

In one case, JPMorgan Chase was forced to post a $4 million surety bond to ensure payment for Ben-Ezra's services as it focused on moving the servicers' files.

Write to Kerri Panchuk.

Thursday, April 28th, 2011

Don St. John is chief operating officer of Home Servicing, a specialty servicer based in Baton Rouge, La. Since joining the firm in 2008, he has been responsible for overseeing servicing operations, systems development and implementation, in addition to investor reporting and remittance processes.

For this edition of In This Corner, St. John explains what the differences are in niche servicing and how he thinks firms like Home Servicing will impact the current mortgage market.

HousingWire: Home Servicing is known as a niche servicer. Exactly what does that mean and which niche do you cater to?

Don St. John: The niche we cater to is low-value, first-lien mortgage loans. Typically our product is about $60,000 in current value or lower, and in geographies that have fairly depressed real estate markets, like the Midwest Rust Belt, the Southeast, Florida condominiums, and some Arizona and California low-value properties. Our portfolio also consists of severely delinquent loans because in most institutional large servicer processes, these loans are charged off at some point in their life cycle due to the low value of the loan.

HW: What are the benefits of focusing on one specific type of servicing model? What are the difficulties?

DSJ: The biggest advantage is there's high geographic concentration of these assets so if you focus on very specific markets and cities, you can have a good understanding of the current market conditions. We accomplish this through the use of field representatives who are in the field and cover these geographic regions and personally visit the properties on our behalf. We don't use third-party vendors to evaluate the properties.

The main difficulty we face is having to do all the same processing necessary on, for example, a $300,000 value asset. Whether we're doing a modification of the loan or a short sale of the real estate with the borrower's authorization, we still have all the same steps to go through to get the resolution you would on any higher value property. It's a very labor-intensive process for us on low-value assets. When you look at our cost in conjunction with the efforts required to process the loan, that becomes very difficult, especially with our field network.

HW: With big servicers coming under scrutiny for things such as robo-signing, do you see niche servicing becoming a widespread trend? Do you think market share will break down to more specialized servicing models?

DSJ: You're seeing two things happening in the industry right now. What you hear as far as industry lingo is "component servicing," which means specialty or niche servicers that deal either with specific types of products or assets. Or you may see institutional investors divide their portfolio by delinquent loans and performing loans. So you're going to have component servicing by type of product or delinquency stratification. Component servicing is the direction I think we're going to take to deal with these specific problems.

HW: How do you think servicing on a smaller scale will benefit the housing market? If you believe it would disrupt or have a negative impact, please explain why.

DSJ: It's hard to say what the right answer is because there is such a large volume of issues at hand right now. With a smaller component servicer, you're probably going to get a little better response and cooperation and interface with the customer. But at the same time, some of the smaller, niche servicers don't have capacity to handle the number of delinquent and problem loans there are in the marketplace. You need big servicers to service a large component of this, but when it gets to the severely delinquent or low value or specific geography or first liens vs. second liens, you're going to have to break up those pieces and get them into a component-servicing environment. I think it requires both.

HW: In general, what is the difference in servicing timelines between niche servicers and large servicers?

DSJ: When it comes to dealing with the customers, for example, exchanging documents or getting signatures, niche servicers probably have a little better timeline. When it comes to customer interface a smaller servicer can have an impact because it's a lower volume, higher touch kind of operation. But when it comes to things like foreclosure that involve the counties and the courts, you really can't control that. Those timelines are dictated by court dockets and schedules and resources at county level.

HW: How important is the role of technology in niche servicing? Undoubtedly, the entire mortgage industry is shifting further towards digital transactions, but is it something that is essential to your business model? Why or why not?

DSJ: To some degree we probably don't leverage technology the way large servicers do because the number of accounts we need to manage isn't driven by technology efficiencies. It's built more toward that customer interface and being able to view the properties. We have a more low-tech approach to correspondence with the customer itself. We don't build a lot of processes around technology.

Have someone perfect for In This Corner? Email the editor.

Thursday, April 28th, 2011

A federal court in South Florida charged nine people in three separate indictments for their alleged roles in a multimillion-dollar mortgage fraud scheme.

The scheme involves inflated mortgages tied to high-end properties sold in the Versailles development in Wellington, Fla.

The U.S. attorney's office indicted Carl Alexander, 45, of Parkland, Fla.; Carol Asbury, 59, an attorney from Lake Worth, Fla.; Patrick Brinson, 34, of Miami; David Lam, 42, of Parkland, Fla.; David Miller, 43, of Miramar, Fla.; Godfrey Myles, 42, a former professional football player from Miami; Michael Samuda, 38, an attorney from Weston, Fla.; Thomas Thelusma, 40, a firefighter from Miami; and Victoria Wilson, 30, a mortgage broker from Hollywood, Fla.

The U.S. Attorneys Office of the Southern District of Florida accused the nine defendants in three separate indictments of using a straw buyer to acquire single-family, luxury homes at inflated prices. As part of the scheme, the defendants allegedly gave different prices to the lender and straw-buyer, with the lender receiving a higher cost estimate on the mortgage.

"The difference between the real price and the inflated price was either made to appear as if it were a debt owed to business entities controlled by the defendants and their co-conspirators or was made to appear as profits to the seller," the attorney's office said in a statement released with the indictments Thursday. "The fraudulent loan proceeds were instead laundered through multiple accounts to conceal the source and distribution of the money and were ultimately used for the benefit of the defendants and their co-conspirators."

The charges were outlined in three separate indictments that accuse the defendants of devising schemes that led to more than $3 million in fraudulent loan proceeds. The defendants face various charges, including mortgage fraud, the making of false statements and conspiracy to commit mail and wire fraud. The charges carry sentences ranging between five and 20 years.

Write to Kerri Panchuk.

Thursday, April 28th, 2011

Delinquency rates on residential, commercial and industrial loans improved slightly during the first quarter, commercial loan analytics firm Trepp LLC said Thursday.

The data firm doesn't expect substantial improvement in commercial loan delinquencies, which means the recovery has bottomed out to a certain extent, based on Trepp's data.

“Our detailed research through earnings reports and call report filings from smaller banks indicates that the recovery in delinquency rates that began in the second quarter of 2010 appears to have stalled,” said Matt Anderson, managing director of Trepp.

The report is a rough estimate of what Trepp predicts for the first quarter in terms of delinquency rates. While loan delinquency rates are likely to decline in all loan categories in the first quarter, the company expects to see a slight increase in delinquencies associated with construction loans. More specifically, Trepp expects a construction loan delinquency rate of 18.3% for the first quarter, compared to 18% for the prior period.

Write to Kerri Panchuk.

Thursday, April 28th, 2011

Standard & Poor's changed the outlook on a number of bonds issued by public housing agencies guaranteed by mortgage-backed securities that are secured by the federal government.

Analysts lowered the outlook on the bonds to negative from stable because the debt has mortgage revenue invested in short-term instruments guaranteed by the U.S. government.

On April 18, Standard & Poor's revised its outlook on the U.S. to negative from stable, while affirming the triple-A rating of the world's largest economy. Analysts also said the rating could change within two years.

Standard & Poor's also affirmed the triple-A rating on the bonds sold through public housing agencies, citing "strength of the guarantees supporting the mortgage payments, as well as the investments in which monthly mortgage payments are deposited to make semiannual bond payments."

If S&P ultimately downgrades the rating of the U.S. government, analysts "likely would lower the rating" on the public housing bonds, as well.

"The credit strength of these bonds is based solely on the mortgage-backed security and the short-term investments that are permitted to be in U.S. government obligations," analysts said.

Write to Jason Philyaw.

Thursday, April 28th, 2011

The Federal Housing Finance Agency directed Fannie Mae and Freddie Mac Thursday to align their guidelines for servicing delinquent mortgages.

Previously, the government-sponsored enterprises maintained different requirements for how their mortgage servicers would treat these loans. But the FHFA forced an alignment to push servicers into engaging the borrower as soon as they become delinquent. The foreclosure process cannot begin if the borrower and servicer are working toward solving the delinquency in a good-faith effort, effectively prohibiting the practice of "dual tracking."

Under the new requirements, servicers must engage in a single track for considering foreclosure alternatives up to the 120th day of delinquency, according to the FHFA. Servicers must also perform a formal review of the case to confirm the borrower was considered before starting foreclosure. Even then, servicers are required to continue work with the homeowner on other alternatives.

Not only procedures, but incentives were aligned. Servicers for both GSEs will be rewarded and penalized the same under the new guidelines.

"FHFA's directive to align Enterprise policies for servicing delinquent mortgages should result in earlier servicer engagement to identify the best solution available for homeowners, given their individual circumstances," said FHFA Acting Director Edward DeMarco.

The FHFA said the updated framework will expedite borrower outreach, align modification terms and establish "a consistent schedule of performance-based incentive payments and penalties."

Fannie Mae CEO Michael Williams said the alignment is a major step toward an improved servicer process.

"This initiative will direct servicers to reach families earlier, communicate more frequently and clearly, and provide relief," Williams said. "Fannie Mae fully supports this Initiative, and we remain committed to stabilizing communities and building a stronger foundation for housing."

Freddie Mac CEO Ed Haldeman said the FHFA action will simplify the process for delinquent borrowers.

"Alignment of key servicing practices between our two companies will help servicers achieve these goals by enabling them to streamline their operations and more effectively target resources to distressed borrowers," Haldeman said in a statement. "For example, it will simplify the process for seeking help by giving borrowers one application to fill out and servicers one application to review for all Freddie Mac loan modifications and foreclosure alternatives."

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Thursday, April 28th, 2011

Roughly $146 billion in bank bailouts are not yet repaid to the Treasury Department as of the end of March, and the return on those investments remains "unknowable," according to the Special Inspector General for the Troubled Asset Relief Program.

More than 550 banks have not repaid their bailout, and unloading investments in the most troubled institutions such as American International Group (AIG: 25.00 -0.56%) and General Motors (GM: 24.18 -2.18%) remains elusive.

SIGTARP is the program's remaining watchdog after the Congressional Oversight Panel closed in April. The Congressional Budget Office continues to drop its estimate of TARP's eventual cost, lowering it to $19 billion in March. The Public-Private Investment Program, which buys up toxic mortgage-backed securities, earned $1.2 billion for the Treasury in the first quarter and is scheduled to last at least seven more years.

SIGTARP said in its quarterly report that TARP and its underlying initiatives still have years to go.

"TARP’s financial outlook is improving, with more institutions repaying TARP and cost estimates continuing to decline," according to the report. "Nevertheless, it bears repeating that Treasury’s ultimate return on its TARP investments depends on many variables that are largely unknowable at this time."

SIGTARP continued its critique of TARP's moral hazard cost and the underwhelming performance of its foreclosure prevention initiatives.

"Many institutions remain 'too big to fail.' Today, the biggest banks are bigger than ever. These banks continue to enjoy unwarranted advantages over their smaller competitors such as better access to capital and cheaper credit," SIGTARP reported.

As for the Home Affordable Modification Program, the Treasury's flagship initiative to assist homeowners by paying mortgage servicers for modifications, remains beset by fundamental problems, according to the report. Through February, servicers started more than 633,000 permanent modifications and look increasingly unlikely to hit the original goal of between 3 million and 4 million.

"Many of these problems relate to the structure of the program, which puts the ultimate decision to modify a mortgage in the hands of mortgage servicers, whose performance has been extraordinarily poor," SIGTARP said, adding consumer complaints to its hotline hasn't let up despite recent and upcoming changes from the Treasury.

TARP expired in October, but the public perception that the program is winding down is inaccurate. Billions of obligated funds can still be expended through 13 programs, including HAMP and PPIP. Of the obligated amount, $410.5 billion had been spent as of March, leaving $58.9 billion in five programs remaining, SIGTARP said.

"Congress understood that TARP might last for many years, and that oversight would be essential throughout TARP’s existence," SIGTARP said. "In other words, SIGTARP will remain 'on watch' as long as TARP assets remain outstanding."

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Thursday, April 28th, 2011

A California bill drafted to end the practice of filing a foreclosure ahead of modification efforts failed in state committee Wednesday, but its key sponsor plans to reintroduce it.

California Senate President Pro Tem Darrell Steinberg (D-Sacramento) introduced S. 729 with Sen. Mark Leno (D-San Francisco). Recent consent orders signed between major servicers and federal regulators stipulate the banks cannot pursue a foreclosure once a loan is approved for modification. But this state bill would push requirements beyond the federal agreements.

"Struggling California homeowners can’t afford to wait for federal regulations to be drafted, and more concerning, there are currently no ramifications  when servicers violate guidelines. S. 729 gives homeowners recourse for such non-compliance," Steinberg said in a statement sent to HousingWire.

The bill prohibits the recording of a default notice until a variety of loan modifications requirements are fulfilled. Servicers must have reviewed the application, made a decision and sent the borrower a denial explanation letter before filing the notice of default.

The bill also requires servicers to document compliance with the modification requirements, sign them and deliver them to the foreclosure trustee or authorized agent.

If the requirements were not met, the borrower would have the ability to hold up the trustee sale and gives him or her the ability to recover damages, attorney's fees and other costs.

A spokesperson for Steinberg said the bill was granted reconsideration by the committee, and Steinberg plans to reintroduce the bill this legislative year.

"Despite yesterday’s unfortunate outcome in committee, this bill is far from dead," Steinberg said. "We will continue to meet with lawmakers and stakeholders seeking consensus in the hopes of bringing the bill back up for a vote."

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Thursday, April 28th, 2011

Clients of default servicing software company Equator initiated 675,000 short sales in the past two years using modules launched as part of the firm's EQ Platform, the technology provider claims.

During the same period, the company's loan segmentation module processed 70,000 loans. One of the firm's newer  modules incorporates borrower, loan and market data to help parties sort through the information to find the best workout solution for the mortgage. Equator launched its new short-sale module in February alongside other modules designed to expedite the loss mitigation process.

"Short sales will continue to be a priority for servicers as loans sit longer in the foreclosure process," said Equator CEO Chris Saitta.

Equator said it handled more than 50% of the mortgage servicing industry's completed actions within the Home Affordable Foreclosure Alternatives Program since the program's launch in April 2010.

The one-stop shop platform is a noted trend in the industry.

The Loan Post Inc. unveiled a new short-sale platform Monday that moves the entire process online and secures documentation with an e-signature.

The platform — ShortSale360 — is designed to contain all relevant documents for a short sale and transport them to all parties involved. The technology includes compliance guidelines for the government-operated Home Affordable Foreclosure Alternatives program.

Write to Kerri Panchuk.

Thursday, April 28th, 2011

Institutional Risk Analytics downgraded the forward operating results of the U.S. banking industry from neutral to negative, primarily on the exceedingly dark outlook in housing and developments from the Federal Open Market Committee.

"What really drives our bearish macro outlook on financials is the continuing bloodbath in the housing sector with the Case-Shiller Housing Price Index now down eight consecutive months, and the announcement by the Fed yesterday regarding interest rates and quantitative easing," said Christopher Whalen, managing director of the financial analytics firm in an advisory note this morning.

Under a section titled, "The Expanding Housing Sinkhole," IRA said a mixture of macroeconomic pressures, notably rising fuel costs and sliding mortgage origination volumes, will likely pull down housing prices into the year.

And considering that many of the banks the IRA monitors hold significant mortgage servicing operations they remain inextricably linked to housing performance.

"The negative outlook for housing implies that bank revenue and earnings will remain under pressure for most if not all of 2011 and 2012," the note reads, adding that the top four banks pulled billions out of loan-loss reserves to enhance income.

The IRA notes that revenue and margin weaknesses caused a retreat in large cap financials. A renewed rise in credit provisions may turn a tactical retreat into a wholesale selloff, it speculates.

"We remain concerned that a number of the largest banks are falsifying their public disclosure of credit losses in order to push down provision expense and thereby enhance short-term income," the IRA said. "But an uptick in aggregate credit losses of the magnitude we now fear will make such legerdemain unsustainable."

Write to Jacob Gaffney.

Follow him on Twitter @JacobGaffney.



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