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Archive for May, 2011

Monday, May 23rd, 2011

Homeowners at least two-months delinquent on their mortgage may be more apt to strategically default if offered a mortgage modification despite the damage to their credit.

A new report sponsored by the National Bureau of Economic Research studied the mortgage modification program Countrywide Financial Corp. started after settling federal deceptive-lending charges in 2008.

Researchers found Countrywide's relative delinquency rate rose 13% a month immediately after the modification program was announced.

Christopher Mayer, senior vice dean and professor of real estate at the Columbia Business School in New York, led the research of the NBER working paper. Fellow Columbia professors Edward Morrison and Tomasz Piskorski, and graduate student Arpit Gupta are co-authors.

They said the design of mortgage modification programs must account for strategic behavior by the homeowner to achieve any level of success.

"The borrowers whose estimated default rates increased the most in response to the program were those who appear to have been the least likely to default otherwise, including those with substantial liquidity available through credit cards and relatively low combined loan-to-value ratios," the economists wrote in the paper. "Additionally, bounded rationality or moral considerations may decrease a borrower's ability or willingness to behave strategically."

More than 5 million homeowners lost their homes to foreclosure over the past three years. The Columbia economists estimate another 11 million borrowers — about 25% of all homes with a mortgage — face possible foreclosure because they're under water, or owe more than the home is worth.

Regulators have implored mortgage lenders and servicers to modify home loans through lower interest rates and principal reductions. But programs, such as the Home Affordable Modification Program, haven't fared well in stemming foreclosures or defaults.

The Columbia economists found extending benefits to mortgagors two months in arrears "could induce homeowners to default in order to obtain modifications benefits even though they would not have defaulted otherwise."

The economists advise lenders vet homeowners on the verge of losing their home more thoroughly before beginning a modification program.

Still, a more stringent audit of the property and the owner is time-consuming and "may fail to extend benefits to homeowners before they enter foreclosure or decide to exit their homes, and could thereby lead to higher costs for borrowers and lenders."

Earlier Monday, the Treasury Department released a free calculator online that gives borrowers an estimate on whether they qualify for HAMP.

And last week, JPMorgan Chase (JPM: 37.25 -0.64%) analysts said the trend of borrowers choosing to default on their mortgage when they otherwise might have been able to afford payments is on the decline.

Write to Jason Philyaw.

Monday, May 23rd, 2011

[Update 1: Adds Carrington statement]

The Ohio Attorney General and Carrington Mortgage Services settled a lawsuit last week, establishing new servicing standards in the state and providing mortgage relief to homeowners.

In 2008, Carrington committed to make good faith efforts to provide more workouts after its servicing practices were called into question by the Ohio AG. In 2009, then Ohio AG Richard Cordray and the Ohio Department of Commerce filed a joint complaint against Carrington, alleging it did not provide modifications in the state as required under that 2008 agreement.

According to last week's settlement, Carrington will assign a single point of contact at the firm to work with borrowers who apply for a modification. The servicer will also implement a specific timeline for all requests, and it will suspend the foreclosure process while a loan is being evaluated for a workout. Internal reviews will also be set up for denied modifications.

Carrington also agreed to provide relief to 60 Ohio homeowners that involve loans to which Carrington acquired the servicing rights to in 2007.

"Ohio consumers benefit from mortgage servicers that work proactively to avoid foreclosures. This settlement will allow Ohio homeowners to benefit from higher standards of customer service and responsiveness," said Ohio Department of Commerce Director David Goodman. "The benefits of this agreement multiply," he said. Goodman said that working with homeowners to modify loans instead of foreclosing on them also helps neighborhoods that are impacted when homes are left empty and unattended.

Carrington admitted to no wrongdoing in the settlement. In a statement released Monday, Carrington Chief Operating Officer Dave Gordon said the agreement with the sate of Ohio "makes sense."

"Instead of focusing our energies on litigation, we will be working together to continue what we have been accomplishing for our consumers all across the country: offering best-in-class servicing and providing a loan modification and loss mitigation process that is as simple and seamless as possible," Gordon said.

Carrington did not sign consent orders with either the Office of the Comptroller of the Currency, the Federal Reserve or the Office of Thrift Supervision, as these agencies did not have regulatory jurisdiction. However, negotiations between mortgage servicers and the 50 state AGs and state regulators remains ongoing.

"This agreement will help Ohioans obtain affordable modifications to allow them to stay in their homes," current Ohio Attorney General Mike DeWine said. "We are pleased that Carrington Mortgage Services has worked with our office and is committed to helping Ohio homeowners avoid foreclosure."

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Monday, May 23rd, 2011

CoStar Group (CSGP: 60.035 -0.27%) began offering 3.75 million common shares of the company's stock Monday to fund an acquisition that will make CoStar a one-stop shop for street-level commercial real estate.

In April, CoStar announced plans to take over LoopNet Inc. (LOOP: 16.49 +0.06%), an online listing space for commercial real estate properties. Washington, D.C.-based CoStar currently operates a database of commercial real estate research and analytics, which includes occupied CRE properties.

Through the $860 million acquisition, CoStar will have extensive coverage of property values, market conditions, available real estate and other economic data concerning the CRE space.

The firm began offering shares Monday, with JPMorgan Securities as the sole book-running manager. Needham & Co., Stephens Inc., William Blair & Co. and JMP Securities are co-managers. CoStar expects to grant the underwriters a 30-day option to purchase up to an additional 562,500 shares.

The offering is not conditioned on the closing of the LoopNet acquisition, CoStar noted.

Earlier this year, CoStar sold the building it used for its Washington, D.C. headquarters, earning almost 150% return. In the first quarter, the company earned $15.4 million.

Write to Christine Ricciardi.

Follow her on Twitter @HWnewbieCR.

Monday, May 23rd, 2011

RBS Securities named Perrin Arturi managing director of its pass-through trading desk in Stamford, Conn.

Arturi will head trading of 15-year, mortgage-backed securities for the firm, which conducts the U.S. operations for The Royal Bank of Scotland (RBS: 8.64 +0.35%).

Prior to joining RBS, Arturi held a similar position with UBS AG (UBS: 13.97 -0.07%). He's been trading agency, pass-through MBS for more than 20 years at Bear Stearns and Donaldson, Lufkin & Jenrette, RBS said.

David Cannon, co-head of trading in asset-backed securities, commercial mortgage-backed securities and MBS for RBS Securities, said Arturi joins a "complete team of seasoned agency pass-through traders" at the firm.

Write to Jason Philyaw.

Monday, May 23rd, 2011

Nationstar Mortgage Holdings hopes to raise as much as $400 million in an initial public offering, according to a regulatory filing.

Nationstar, based in the Dallas suburb of Lewisville, is one of the five largest nonbank mortgage servicers in the U.S., according to its regulatory filing. It serviced more than 389,000 loans with an aggregate unpaid principal balance of $64.2 billion as of Dec. 31.

The mortgage servicing company also originates primarily conventional agency and Federal Housing Administration and Department of Veterans Affairs residential mortgage loans. In 2010, it originated $2.8 billion, consisting primarily of conventional residential mortgage loans. Its strategy is to sell its loans to the secondary market on a servicing retained basis or through servicing released whole loans sales to major conduit investors.

Its ancillary businesses include REO management as well as recovery of charged-off mortgage deficiencies. It also owns a noncontrolling interest in National Real Estate Information Services, which provides settlement and valuation services.

The company said it plans to be listed on the New York Stock Exchange, but did not give a ticker or expected public offering price.

The company narrowed its 2010 net loss to $9.9 million, down from a net loss of $80.9 million in 2009, according to its regulatory filing. Its servicing business has grown by a compounded annual rate of 72% since 2007 when its servicing portfolio stood at $12.7 billion, it said.

"We believe the current dynamics of the residential mortgage market represent an exceptional opportunity for leading, nonbank servicers to grow their servicing portfolios by acquiring mortgage servicing rights, entering into subservicing contracts and by assuming responsibility for mortgage operations from regulated entities," its filing said.

"We believe we are attractively positioned to capitalize on the current and future state of the residential servicing sector due to our proficiency in servicing both higher-risk accounts and newly originated loans with attractive financial returns."

Nationstar was originally known as Nova Credit Corp. when it was founded in Denver in 1994. It later moved to the Dallas area and became Centex Credit Corp. and was later merged into another Centex entity. In 2006, private-equity controlled FIF HE Holdings acquired the company.

In terms of risk factors, Nationstar pointed out the ongoing attorneys general investigation as well as state and federal investigations into mortgage servicers and their practices. Regulatory changes on the way via the Dodd-Frank Act could also resulted in elevated costs for regulatory compliance, it said.

Write to Kerry Curry.

Follow her on Twitter @communicatorKLC.

Monday, May 23rd, 2011

The Treasury Department on Monday released a free calculator online that will provide borrowers an estimate on whether or not they qualify for the Home Affordable Modification Program.

The Dodd-Frank Act required the Treasury to give borrowers an online tool for them to enter their own financial data for the net present value test. When evaluating a loan for HAMP, servicers conduct an NPV test to determine the value of the loan if it is modified under program guidelines or if it is left "as is." Servicers are required to provide the modification if the NPV test comes out higher for the workout.

Since the program launched in March 2009, more than 670,000 borrowers received a permanent loan modification and roughly 1.8 million trials have been extended. But the program has fallen short of what the Treasury has since called a premature estimate of reaching between 3 million and 4 million borrowers. Complaints from borrowers trapped in the process sparked legislation from the House of Representatives to end the program nearly two years early, though the Senate isn't likely to approve the bill.

Changes have been made. In June 2010, the Treasury required servicers to gather all financial information before putting a borrower into a trial. In February 2011, the Treasury implemented an escalation program to give borrowers the chance to contest negative NPV tests.

And in May, the Treasury established a new rule requiring servicers to provide a single relationship manager to guide a borrower through the evaluation process and even provide assistance during foreclosure.

Rep. Elijah Cummings (D-Md.), ranking member of the Oversight and Government Reform Committee, called it a "small but critical step."

"Lost paperwork, conflicting guidance and ‘dual-tracking’ problems have been well-documented, and according to the Special Inspector General for TARP, the performance of mortgage servicing companies has been ‘abysmal,’" Cummings said. "This is one modest step in the right direction, but much more needs to be done."

The new calculator is intended to be a reference point for homeowners, housing counselors and others working in the process. However, the Treasury said it is not intended to be a concrete resolution.

The calculator evaluates the loan based on the terms the borrower provides such as interest rate, term and forbearance amounts. This information may be inputted differently by the servicer based on documentation already provided by the borrower and other "industry-related data," according to the calculator's guidelines provided to HousingWire.

Also, the calculator does not have access to investor guidelines for loans owned outside of the government-sponsored enterprises.

It does not return principal forgiveness amount, either, because this option remains at the discretion of the investor and servicer and is not a requirement.

"Only a homeowner’s mortgage servicer can provide guidance about the specific procedures used to process requests for a mortgage modification in accordance with HAMP program requirements," a Treasury spokesperson said. "Still, this tool is another way to educate and empower struggling homeowners to learn more about options that may be available for them."

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Monday, May 23rd, 2011

Property crimes decreased in all city categories in 2010 from a year prior, especially in larger metropolitan areas, according to the Federal Bureau of Investigation.

The agency reported a 2.8% decline in the number of property crimes last year with each category — burglary, larceny/theft, and motor vehicle theft — seeing drops from 2009. The number of stolen vehicles slid 7.2% last year, larcenies dropped 2.8% and burglaries fell 1.1%.

Property crimes decreased in each region of the country with a 3.8% drop in the South; a 2.7% decline in the Midwest; a 2.5% reduction in the West; and a 0.5% dip in the Northeast.

The FBI said property crimes fell the deepest in cities with populations of more than 500,000 and less than 1 million with a 4% drop.

In more rural counties property crimes rose 2% in 2010 from a year earlier, with increases in the rate of burglaries (1.2%) and larcenies (3.2%). Although vehicle thefts decreased nearly 11% in cities with populations less than 10,000. The number of stolen vehicles in larger cities also declined with a 6.9% drop last year.

Meanwhile, metropolitan counties saw property crimes fall 1.9% last year, as the rate fell across all three categories, according to the FBI's preliminary annual uniform crime report.

The FBI also said violent crimes fell 5.5% in 2010 from the year earlier. About 13,000 law enforcement agencies submit six-month and 12-month comparable data to the FBI for the annual report.

Write to Jason Philyaw.

Monday, May 23rd, 2011

Anthony Thomas held his iPad to his chest, clutched his cellphone in one hand and used his free hand to vault over the 3-foot fence around the food court in front of the Maricopa County Courthouse.

It was noon, but he wasn't in a rush to get something to eat. He had seconds to bid on a Mesa foreclosure home that one of his firm's clients wanted to buy.

The house was one of more than 100 that lenders intended to sell at auction that day. It was one of dozens that Thomas and his team were trying to buy.

Monday, May 23rd, 2011

JPMorgan Chase (JPM: 37.25 -0.64%) and Wells Fargo (WFC: 29.34 +1.00%) are expected to issue two conduit commercial mortgage-backed securities deals next week valued at $2.9 billion.

With the new deals on the horizon and the expectation that $14.5 billion in new CMBS issuance will occur between mid-May and the end of September, this segment of the market is on course to reach or exceed the annual 2011 CMBS forecast of total issuance in the $35 billion range, according to Commercial Mortgage Alert.

In fact, Commercial Mortgage Alert expects total issuance to reach $27 billion by the end of the third quarter.

Analysts earlier in the year projected that the rejuvenated CMBS market, which became known as CMBS 2.0 after the economic recovery, could reach the $35 billion new issuance mark even though this figure is still below some of the historic highs reached during the economy.

The need for commercial real estate financing is growing and more conduit funding type deals are expected this year. However, there are regulatory speed bumps on the road to recovery.

Last week, commercial real estate finance professionals warned lawmakers Wednesday the securitization risk-retention framework outlined in Dodd-Frank is potentially the greatest threat to a recovery in the commercial mortgage-backed securities segment.

Write to: Kerri Panchuk.

Monday, May 23rd, 2011

Real estate investment firms First Capital Funding and Principals Capital Funding are making a play in the multifamily sector by purchasing and redeveloping REO and foreclosed properties in Texas as banks shed distressed assets.

The Austin, Texas-based firms are currently involved in debt and equity deals involving properties worth $39 million. The companies said the transactions signal recovery in the debt and equity markets.

"If the economy improves, the asset values improve," said J.P. Newman, founder of both firms. "If the economy goes down, then we're well positioned by owning assets that provide housing at a reasonable price-point. Banks are saying no to too many people these days – and our goal is to offer a solid alternative. At the same time, individuals are seeking investment models outside of the stock market."

Newman's companies, in conjunction with venture firms, are financing construction of a new 240-unit apartment complex in South Austin called the Retreat at North Bluff. The firms are also funding refurbishment of an 810-unit complex in Houston that has been foreclosed; and acquiring a 200-unit complex in Garland, Texas, which has been foreclosed on, as well.

In the past six months, First Capital has provided $4.2 million in short-term financing for six other multifamily projects across the Lone Star State.

Write to: Kerri Panchuk.



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