RSS Twitter

Archive for May, 2011

Thursday, May 19th, 2011

Federal banking regulators spent the past few years encouraging banks to lend to creditworthy borrowers in the commercial real estate segment, while also enforcing rules to ensure commercial real estate concentration levels do not reach dangerous levels at community banks.

But it seems their own guidance is somewhat at odds with bank examiners.

A new report from the Government Accountability Office addressed this dichotomy head on. "High CRE concentrations also can limit a bank's ability to lend because the bank may need to raise capital to mitigate the concentration risk during a downturn," the report finds.

In 2006, regulators issued guidance on loan concentration and risk management, as well as training for examiners, to help them remain compliant with commercial real estate guidance. The point of the guidance was to allow banks to safely grow CRE activity, while also providing standards for when a bank should be required to reduce its CRE loan concentration.

The standards were designed to address a growing problem — namely the fact that CRE loans are a main culprit today in bringing banking institutions down.

Commercial real estate accounted for 77% of the nonperforming loans at the most recently failed banks, analytics firm Trepp said earlier this year.

Regulators closed six banks on April 15, accounting for a total of $4.8 billion in assets. So far in 2011, there have been 34 closings, according to Trepp.

But, some banks are now accusing examiners of being too harsh in their treatment of CRE loans, making banks less willing to write business at a time when the CRE segment is in need of more activity.

GAO concluded that while examiners usually provide support for exam findings on loan workouts, there are still some inconsistencies when examiners apply  2006 CRE concentration guidelines.

"Regulatory officials had varying views on the adequacy of the 2006 guidance, and some examiners and bankers noted that the guidance lacked clarity on how to comply with it," GAO reported.

To address these fears and conflicts at a time when a pickup in CRE activity is needed, the GAO issued new recommendations, saying banking regulators should enhance the 2006 CRE concentration guidance and implement improved steps to ensure examiners consistently apply the rules.

Write to: Kerri Panchuk.

Thursday, May 19th, 2011

Chris Hopkins is executive vice president at Regis Development, a property preservation company based in Phoenix and operating across the Southwest and in California. Hopkins has been with the firm for about a year and heads many of its REO programs. Previously he was senior vice president of operations at D.R. Horton (DHI: 14.19 +0.50%).

For this edition of In This Corner, Hopkins discusses the benefits of the Department of Housing and Urban Development's 203k rehab program and other issues facing REO.

HousingWire: Standard & Poor's recently put the value of the nationwide shadow inventory of homes seriously delinquent, in foreclosure or REO at about $450 billion, representing more than four years supply. How are these properties going to get sold?

Chris Hopkins: A large percentage of the Arizona homes sale inventory is comprised of stale and unsellable homes. There is a large number of homebuyers who cannot see past minor and cosmetic changes to a property. Educating the Realtors about the HUD 203K product, provides a selling solution while incorporating the restoration funds in the loan. The HUD 203K loan solution provides the vehicle that will move this REO type of property.

HW: What needs to be done to the property to get it suitable to be shown and sold?

CH: Most often, these properties need minor repair, paint and appliances. HUD does have some requirements but our experience thus far has shown us that most of the properties we see are well within the HUD guidelines.

HW: What products are available for borrowers — homeowners and investors alike — to accurately gauge if a foreclosed properties presents a viable option to purchase?

CH: Again, the 203K for the borrower is a great solution and lenders are loosening the purse strings for refinances, which are up slightly.  Although the investor currently does not have the ability to obtain a 203k loan it does give the them the ability to market the property unfinished as a 203k renovation project, without laying out the upfront costs. There is a buzz about expanding this product to investors in the near future.

HW: Regis Development was initially a homebuilder in the Phoenix area, and expanded to Las Vegas and Southern California. Those areas have been overwhelmed by foreclosures, as the housing crisis unfolded the past few years. Why?

CH: Regis started as a homebuilder in Arizona. Once we switched our focus onto property preservation and renovation we expanded into nine states. Those three markets were highly inflated with a large amount refinancing and of transactions happening at the peak. Each of these markets has been in the top 5 in the nation for default, thus creating their percentages.

HW: Where too many homes built?

CH: No, the factors are more economic than population driven. If that were the case counties such as Santa Barbara and Ventura would be insulated, which they were clearly not.

HW: As the company focuses more on the preservation and sale of distressed properties, what are the biggest challenges Regis Development is seeing when rehabbing a property?

CH: Educating the real estate agents on their options and teaching them just how simple a 203K project can be with the right industry partner.  Our systems give clients the information as work is scheduled and completed in real time. The process sends information and provides current status to anyone involved rather than someone calling for updates or hunting down contractors.

HW: What can lenders and real estate agents do to make a property attractive for a potential homeowner or investor?

CH: Again, education is the key here. If the real estate agents are reluctant to get involved in a renovation project, they are leaving thousands of properties off the radar. Regis enables the loan officer or real estate agent to close a 203k transaction and monitor the project with minimal effort while still providing a superior customer service.

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

Thursday, May 19th, 2011

Texans like to brag that everything in their state is bigger.

Now New York-based Standard & Poor's, in a new research report, pretty much agrees with that assessment. The ratings agency said the Lone Star State, with its large and diversified economy, continues to outperform the nation in terms of housing, economic activity and employment.

"By most measures, Texas has been one of the most rapidly expanding and diversifying economies in the nation over the past decade. The state's growing population, coupled with what we believe is a relatively low cost of living and of doing business, has fueled strong growth in industries and sectors that just two decades ago had a limited presence in the state."

Analysts also think Texas is poised to "recover earlier and at a faster rate than most other states" given its continued population growth and business-friendly environment.

The ratings agency did note the state, like many others, has a budget gap and also mentioned pressure on cash flows from the public school financing system — a growing portion of which the state is required to fund.

In terms of housing, the Texas has a lot going for it, S&P said. The housing sector, analysts said, "will likely provide another source of strength over the medium term."

While the state's housing sector was not exempt from the overall drop in activity and prices, the decline has been significantly less pronounced than in many other states. The sheer availability of land and limited restrictions on new development kept home prices in check during the peak of the housing boom, S&P noted.

Average home prices in Texas increased about 32.4% from 2000 to 2006, compared to a 99.3% jump in California and an 84.3% boost in Arizona during the same period, according to the Federal Housing Finance Agency state level house price index.

Even since the housing market crash, "average home prices in Texas have generally performed better than the nation and have remained relatively unchanged since 2008," S&P said.

More restrictive banking regulations may have staved off some of the housing crisis in Texas, S&P said, specifically referring to home equity lending restrictions in the state.

"In many states, homeowners' ability to easily tap into their increasing home equity through home equity loans and lines of credit for up to 100% of the value of their home helped fuel consumption growth and further contributed to the rise in home values. However, Texas homeowners are generally required to own at least 20% equity in their homes before they can access home equity loans. In our view, this limited the excessive monetization of homes," analysts said.

IHS Global Insight Inc. predicts average home prices in Texas will decline about 2.6% this year, but will quickly recover, posting a 3.1% gain in 2012 and climbing 3.8% in 2013.

S&P currently rates Texas' credit at double-A-plus with a stable outlook and the state's appropriation debt at double-A.

Write to Kerry Curry.

Follow her on Twitter @communicatorKLC.

Thursday, May 19th, 2011

The California Supreme Court denied a petition for review from a homeowner who lost his property through foreclosure.

The Golden State's highest court chose not to review a 4th Appellate District Court decision that upheld the right of the Mortgage Electronic Registration Systems to the deed of trust on the home, giving MERS the right to foreclose.

Ehud Gersten, a San Diego lawyer, filed the petition on behalf of Jose Gomes.

"I have discussed this with my client, and we are considering filing an appeal with the United States Supreme Court," Gersten said. "The court’s decision to deny review of the court of appeal’s decision, given the plethora of information coming out especially in the last few months, of bank misconduct and fraud upon California homeowners and homeowners nationwide, is shameful."

Gersten said California homeowners are improperly being foreclosed upon and "have no right to question" the process.

"We believe California homeowners are not receiving due process in the courts," he said. "California courts have said someone can take your property and the homeowner has no recourse. Hopefully, we will be able to achieve legal justice for California homeowners that they are apparently unable to receive from their own judiciary in their home state."

Gersten has 90 days to file a writ with the nation's highest court.

A MERS spokeswoman declined to comment on the California Supreme Court decision.

Write to Jason Philyaw.

Thursday, May 19th, 2011

Florida's existing home sales grew 2% in April from a year ago as mortgage interest rates remain near historical lows, making it an opportune time for buyers with good credit to jump off the sidelines, Florida Realtors said Thursday.

In April, the agency noted 17,192 existing home sales in the Sunshine State, compared to 16,781 sales a year earlier. Meanwhile, existing condo sales experienced a 17% jump.

Twelve Florida metro areas saw higher existing home sales in April, while 14 reported higher condominium sales.

"Market conditions remain optimal for qualified buyers with strong credit," said Florida Realtors President Patricia Fitzgerald. "Mortgage interest rates are under 5%, a range of housing options is available at very affordable prices, and the economic recovery continues to strengthen. Realtors across the state are reporting increased interest from buyers ready to find their Florida dream home.”

Buyers also are finding deals, with Florida's median sales price hitting $131,700 in April, down 6% from $140,300 last year.

Write to: Kerri Panchuk.

Thursday, May 19th, 2011

Citigroup's (C: 30.415 +0.12%) mortgage division will offer mortgage help to disabled veterans, including waiving outstanding late fees and forbearing past due amounts on monthly payments, the bank said Thursday.

The new program will also offer to reduce the interest rate on a mortgage by 2.5% for a two-year period. Surviving spouses of military servicemembers who died during active duty can also qualify for the program. There are no fees to participate, and borrowers do not have to be delinquent or facing imminent default to be included in the program.

JPMorgan Chase (JPM: 37.26 -0.61%) launched a variety of programs to assist military servicemembers with their mortgage payments when it was discovered some of these families were being foreclosed upon improperly. CitiMortgage CEO Sanjiv Das said these borrowers may receive help from the new program if they do not qualify for other assistance.

"We recognize that wounded or disabled veterans may be having financial difficulties in this challenging economic environment, and they warrant our heightened consideration," Das said.

Applicants must provide discharge documents with a letter from the Department of Veterans Affairs, but there is no requirement to prove financial hardship.

Loans insured by the Federal Housing Administration, Veteran's Affairs or Rural Development offices and loans under Servicemembers Civil Relief Act will not qualify for the program.

Citi will be sending notification to its clients through email in May.

Iraq and Afghanistan Veterans of America Executive Director Paul Rieckhoff thanked Citi for developing the new program.

"Foreclosure and unemployment have hit military families particularly hard in this economic crisis," Rieckoff said.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Thursday, May 19th, 2011

Ratings agency DBRS addressed some of the risks underlying certain residential mortgage-backed securities transactions this past week.

The agency reviewed 417 RMBS transactions, confirming the ratings on 4,059 classes from 412 deals and downgrading 173 RMBS classes from 89 transactions.

Meanwhile, seven classes from one particular RMBS transaction were upgraded, and 47 classes from 27 deals were discontinued after borrowers repaid their notes.

Most of the transactions impacted by downgrades were supported by residential mortgages from pre-2006 vintages, with most of the collateral backed by subprime, prime and Alt-A mortgages, according to DBRS data.

Underlying loans pressured some of the deals as delinquency and loss trends on mortgages continued toward the negative.

DBRS concluded that the upgraded transaction "has exhibited positive performance trends and experienced increases in credit support sufficient to withstand stresses at their new rating level."

Write to: Kerri Panchuk.

Thursday, May 19th, 2011

If the Congressional Budget Office were to incorporate a fair-value basis accounting standard when examining the Federal Housing Administration's budget, the program would report costs rather than savings in 2012.

In an accounting outline, the CBO told lawmakers the program would record $3.5 billion in costs for fiscal 2012 using fair-value accounting rather than the savings of $4.4 billion under the current accounting method, which is outlined in the Federal Credit Reform Act of 1990.

The CBO prepared the report after Rep. Paul Ryan (R-Wis.) asked the agency to employ the fair-value accounting when calculating the program's outlook  for 2012 in place of the current standard.

The difference, according to the CBO, is based on the fair-value calculation's inclusion of a market-based risk premium. Essentially, the CBO says fair-value estimates recognize "the financial risk that the government assumes when issuing credit guarantees is more costly to taxpayers than FCRA-based estimates suggest."

In terms of the calculation, the fair value of a mortgage guarantee by the FHA is the difference between the estimated value of the mortgage and the value of a similar security with the same promised cash flow but without the default risk, according to the CBO.

"The fair-value subsidy that FHA provides to borrowers is thus the difference between the value of expected losses from default and the fair value of expected fees collected," according to the CBO. "To compute the fair values of the mortgages insured by FHA and of FHA’s fees, the Congressional Budget Office inferred the appropriate discount rate for present-value calculations by looking at the pricing of private mortgage insurance and the guarantee fees charged by two government-sponsored enterprises," Fannie Mae and Freddie Mac.

As to why the CBO uses the FCRA accounting method, the agency said the stated purpose is to "make the budgetary cost of credit programs equivalent to that of other federal spending." But added that FCRA estimates are not always able to meet that goal.

The agency said there are two reasons to explain why the costs for federal loans and loan guarantees are recorded in the budget at prices that do not fully reflect all of the costs. One being the fact that "by using Treasury rates for discounting, FCRA accounting implicitly treats market risk — a type of risk that is reflected in market prices because investors require compensation to bear it — as having no cost to the government."

In addition, subsidy rates under the FCRA standard exclude administrative expenses such as servicing and loan collection costs. "Such administrative costs are accounted for separately in the budget on a cash basis each year as they are incurred," the CBO wrote.

Write to: Kerri Panchuk.

Thursday, May 19th, 2011

Active military personnel will get more protection from homeowners associations who attempt to foreclose for past-due membership fees, according to a bill passed Thursday by the Texas Legislature.

Senate Bill 101 passed the House on Thursday. It previously passed the Senate in March and now goes to the governor's desk to be signed, vetoed or allowed to become law without a signature. If the bill becomes law, it will take effect Sept. 1.

Sponsored by Sen. Leticia Van de Putte (D-San Antonio), S.B. 101 was designed to add protections to the Service Member's Civil Relief Act, a federal law that protects active military personnel from foreclosure.

Homeowners associations got a black eye last year when a Dallas-area HOA foreclosed on Mike Clauer while the Army National Guard captain was deployed in Iraq. The foreclosure — for a $300,000 home that was fully paid for — was to settle a debt of about $3,500 in overdue HOA fees, according to media reports at the time.

The case spawned intense national media scrutiny of homeowners associations and the power they wield to launch foreclosure actions for unpaid dues.

Van de Putte's bill is meant to provide an additional safeguard to the federal SCRA against nonjudicial foreclosures — the noncourt method used to foreclose on homes in Texas.

The bill amends state property code to require that a notice is sent to a debtor in default with a statement that is "conspicuous, printed in boldface or underlined type" that says something to the effect of "Assert and protect your rights as a member of the armed forces of the United States. If you are or your spouse is serving on active military duty … please send a written notice of the active duty military service to the sender of this notice immediately."

Another bill that would further rein in HOAs also is under consideration this week in the Texas House as state legislators work to wind down the 82nd legislative session at the end of May.

In what is decidedly a more stringent bill on HOA activities, Senate Bill 142, sponsored by Sen. Royce West (D-Dallas), passed the Senate in April and moved out of a House committee last week. It awaits a full vote by the House.

West's bill permits homeowners to pay assessments levied by HOAs in installments, restricts how foreclosures are handled and requires HOAs to disclose operational documents to homebuyers at the time of a home sale, including organization bylaws and restrictions. On foreclosures, the bill requires any initiated by an HOA be conducted through the courts. An amendment added to the bill also prohibits homeowners associations from foreclosing on a member of the military on active duty, or for nine months after the active duty period ends.

Write to Kerry Curry.

Follow her on Twitter @communicatorKLC.

Thursday, May 19th, 2011

The number of first-time homebuyers coming to market this spring is not enough to absorb the amount of housing inventory on the market.

The percentage of first-time homebuyers searching for a property fell to 35.7% in April, according to the latest Campbell/Inside Mortgage Finance HousingPulse Tracking Survey. First-time homebuyers comprised 43.4% of the demand market in April 2010, when the homebuyer tax credit was in place.

Research Director for Campbell Surveys Thomas Popik said while there are still a "normal" number of first-time homebuyers searching for a place to live, the number of available homes is causing a demand gap.

"The normal proportion of first-time homebuyers is about one-third of the market and that’s where we are now," said Thomas Popik, research director for Campbell Surveys. "Unfortunately, that’s not enough demand to absorb the excess supply from homeowners defaulting on their mortgages."

First-time homebuyers absorb housing inventory, as opposed to current homeowners who trade in their property for a another one, thereby sustaining the supply level. According to the survey, the gap between first-time homebuyers and distressed property supply climbed to 12% in April, compared to just 3.5% in the year prior.

And, the housing inventory is at a five-month high, according to a report from the Federal Reserve Bank of Cleveland. The report also laid out data that found sales are down 12.6% compared to 2010 (see chart below).

"As a result, we expect existing home sales for the spring/summer buying season to be significantly below last year and that will put continued downward pressure on home prices," Poptik said.

This circumstantial "deficit" of first-time homebuyers is putting a dependence on investors to buy up distressed properties. Investors accounted for 23% of sale transaction activity in April, the Campbell/IMF survey found. This figure is up from 18% one year earlier.

Investors are also buying the properties first-time homebuyers are not, as 45% of foreclosed properties were dubbed damaged or inhabitable in April's survey. The Campbell/IMF Distressed Property Index, which measures the health of the U.S. housing market, fell slightly to 47.7% during the month from 48.6% in March.

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 »