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Archive for May, 2011

Wednesday, May 18th, 2011

The nation's credit ratings agencies have 60 days to comment on proposed Securities and Exchange Commission rules that would require the companies to implement more internal controls and eliminate conflicts of interest that previously threatened the integrity of ratings on complex financial products.

The rules mandate firms classified as "nationally recognized statistical rating organizations" file an annual report on the effectiveness and structure of internal controls, as well as reports on how the firms develop and assess the effectiveness of their credit ratings.

Ratings agencies, including Moody's Investors Service (MCO: 37.76 -0.79%), Fitch Ratings and Standard and Poor's, faced increased scrutiny after the 2008 financial meltdown revealed risky mortgage products backing securities sold to investors.

The guidelines up for discussion would require an issuer or underwriter of ABS to report any findings and conclusions of a third-party due diligence provider.

The proposal also addresses alleged conflicts of interest that arise when ratings agency employees participate on both the sales and marketing and ratings side of the business. The proposed rules would prevent this, SEC commissioners said Wednesday, but members of the commission acknowledged that smaller ratings firms would not be able to meet this provision because of their size.

The SEC's suggested mandates would also allow the regulator to suspend any agency's registration if it discovers a violation of the conflict of interest provision. In addition, the proposals would implement a "look back" provision by which the credit agencies would be required to review the ratings of any employee who leaves his job to work at an issuer who received a rating within the prior 12 months.

Other suggested guidelines include a rule to require agencies to disclose ratings performance statistics to investors, another rule designed to increase disclosure about the history of a firm's ratings and methodology.

Write to: Kerri Panchuk.

Wednesday, May 18th, 2011

Redwood Trust (RWT: 11.55 -0.86%), the only firm to issue two private-label, residential mortgage-backed securitization deals since the downturn, said it is planning more by the end of this year.

Redwood President and CEO Martin Hughes testified Wednesday before a Senate subcommittee hearing on the state of the securitization markets.

"To be clear, Redwood Trust has a financial interest in the return of private-sector securitization for residential mortgages," he said. "We hoped that our decision to securitize loans in 2010 would demonstrate to policymakers that private capital would support well-structured securitizations that also have a proper alignment of interests between the sponsor and the triple-A investors."

Hughes said a great deal of financial incentive is now gone from the private-label securitization market.

Nonetheless, "We hope to complete two more securitizations in 2011 and securitize between $800 million and $1 billion for the year, and to build upon that volume in 2012," he said. "There are no good industry estimates for new private securitization volume in 2011, as the market is still thawing from its deep freeze."

One of the nagging aspects of mortgage finance that Hughes felt is dragging on issuing new RMBS, is on the borrower level. In particular, Hughes indicated that second liens should be clearly disclosed to issuers and investors.

In effect, second liens reduce the homeowner's skin in the game and increase the risk of default down the road. He said that homeowners should not put 20% down on a home to get a jumbo mortgage, and then pull out a second lien soon thereafter.

"Basically, on day two, you no longer have any skin in the deal," he said.

Hughes told the Senate subcommittee that a gradual strategy for reducing government-related mortgage originations is the best option. "Bring down loan limits slowly," while simultaneously lifting guarantee fees, he said.

"Test it on a safe basis and see what comes out," Hughes said.

Write to Jacob Gaffney.

Follow him on Twitter @JacobGaffney.

Wednesday, May 18th, 2011

A Piscataway man who owned and ran foreclosure-rescue companies pleaded guilty to his role in a mortgage-fraud scheme that cheated mortgage lenders out of more than $10 million, federal authorities said.

Ronald Harris Jr., 41, pleaded guilty before U.S. Magistrate Judge Patty Schwartz in Newark to a one count each of conspiracy to commit wire fraud and conspiracy to commit money laundering, said U.S. Attorney Paul J. Fishman.

Wednesday, May 18th, 2011

Redwood Trust (RWT: 11.55 -0.86%) CEO Martin Hughes said his company is still on track to issue two new private-label deals in 2011, but the government's dominance and regulatory uncertainty keep the entire market from restarting.

Since the credit markets froze in 2008, the private-label MBS market lay dormant. Redwood closed one jumbo RMBS deal in 2010 and another in early 2011. But 90% of new mortgage originations rely on support from either Fannie Mae, Freddie Mac or Ginnie Mae.

"The consequences of failing to attract sufficient private-sector capital to this market include a contraction in the availability of credit to homebuyers, an increase in mortgage rates, and continued decreases in home prices," Hughes said in testimony before the Senate Banking Committee Wednesday.

Hughes said more investors are waiting to enter the market until the uncertainty is solved. Regulators proposed a rule in March under the Dodd-Frank Act requiring issuers to hold 5% of the risk on securities. Hughes said this rule and more disclosure will be essential to getting investors off the sidelines, but he added the problem isn't as complicated as the new regulation intends it to be.

"The best way to hold skin in the game is the horizontal slice. Our sales pitch is 'We put this deal together. We're selling you securities and we're holding 5% of the securities underneath you, and 100% of that will be used up before it reaches you,'" Hughes said. "I think that and new disclosures for investors is enough to restart the market."

Association of Mortgage Investors Executive Director Chris Katopis said investors are ready, but they need new disclosures. Such a lack of information permeated the entire securitization market, he said.

"Our investors are very good at pricing risk, but they cannot price the unknown," Katopis said.

Hughes said the private-label market needs enhanced disclosures, strong and enforceable representation and warranty agreements, and more skin in the game from borrowers.

But borrowers don't have to see prices skyrocket. For the latest deals by Redwood, the interest rate on loans backing the securitization was 46 basis points higher than the government-guaranteed rate. As more loans become available for private-label RMBS deals, the mortgage rates could rise by less than 50 bps.

Safer loans can be written, loss rates can return to historic norms, and private capital can fund lower-interest loans, Hughes said.

"The first step is to give the private sector a chance by following through on the administration’s plan to reduce the conforming loan limits and increase the GSE's guarantee fees to market rates at a safe and measured pace," he said.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Wednesday, May 18th, 2011

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

Lisa Pendergast testified before the Senate subcommittee on securities, insurance and investment Wednesday morning on behalf of the Commercial Real Estate Finance Council and said proposed rules on premium cash capture reserve accounts, conditions for a third party to purchase risk and an exemption for qualified commercial loans are all areas that could negatively impact the industry.

"It is critical that the six agencies that are charged with implementing the CMBS components of that securitization risk-retention framework take whatever time they need now to get the rules right," she said. "If not properly constructed, the risk-retention rules could potentially result in a significantly smaller secondary market, less credit availability, and increased cost of capital for CRE borrowers."

Pendergast said this may lead to portfolio lending at more competitive rates, "which would be counter to historical experience, thus attracting the safest risks to the portfolio space and leaving the smaller and/or riskier loans for the CMBS where borrowers will have to pay higher rates."

Pendergast said if lawmakers do not address uncertainties raised by the proposed rules, the industry will continue to wonder if "CMBS will be able to satisfy the impending capital needs posed by the refinancing obligations that are coming due."

"Without CMBS, there simply is not enough balance sheet capacity available through traditional portfolio lenders such as banks and life insurers to satisfy these demands," she said. "It is for this reason that Treasury Secretary Geithner noted two years ago that 'no financial recovery plan will be successful unless it helps restart securitization markets for sound loans made to businesses – large and small.'"

Tom Deutsch, executive director of the American Securitization Forum, asked lawmakers to recast risk-retention rules after considering all of the feedback provided by the industry. The deadline for comments is June 10.

"Attempts to realign incentives in many types of securitization structures, where those incentives have demonstrated through strong performance to be well-aligned between issuer and investor, only serves to risk harm to the American economy, American consumer and to investors," Deutsche said.

Write to: Kerri Panchuk.

Wednesday, May 18th, 2011

The Federal Reserve continues offering subprime mortgage bonds it acquired from American International Group (AIG: 25.00 -0.56%), creating a situation some traders believe is hurting bond prices.

The central bank is now accepting bids on $878.6 million of mortgage bonds from the Maiden Lane II Portfolio, which was created to hold assets acquired from AIG in 2008. Bidding began Tuesday and winners will be announced Thursday. The Fed accepts bid through its investment manager, BlackRock Solutions, a unit of BlackRock Inc. (BLK: 187.40 -0.24%).

The offering includes 29 bonds from the Maiden Lane II portfolio, which is currently pressuring bond prices, according to MBS traders familiar with the mater.

Kenneth Lee, director of fixed-income portfolio analysis for Interactive Data, said the sale of assets from Maiden Lane II was not having "a freezing effect" on other issuers bringing non-agency RMBS to market.

However, Lee said the unprecedented sales have created some trailing effects.

"The sale took focus away from otherwise routine 'bid wanted in competition' list activity, as the MLII list took center stage," he said. "Market softness was detected toward the last week of the month in several sub-sectors, most notably in subprime (first lien home equity) RMBS. Although it is difficult to attribute the market sell-off to any one factor, one possibility is supply fatigue. Another possibility was a general softening in the market for RMBS paper. In this sense, the MLII sale served as an indicator for market direction."

Lee said other bonds offered after the Maiden Lane listing didn't "receive the same level of strength as MLII bonds."

Originally, AIG expressed interest in buying its assets back, but the Fed nixed the idea, saying it wanted to open up the bidding to obtain the best deal for taxpayers.

Write to: Kerri Panchuk.

Wednesday, May 18th, 2011

Mortgage applications grew again last week as the 30-year, fixed-rate mortgage fell for the fifth week in a row, prompting another increase in home refinancings, according to an industry trade group.

The Mortgage Bankers Association said Wednesday its market composite index — a measure of mortgage loan application volume — grew 7.8% on a seasonally adjusted basis when compared to the previous week. On an unadjusted basis, the index increased 7.1%.

Meanwhile, the refinance index hit its highest level since mid-December, increasing 13.2% over the prior week. On the other hand, the seasonally adjusted purchase index fell 3.2% during the surveyed period.

"The 30-year fixed mortgage rate is now 53 basis points below its 2011 peak, and has decreased for five straight weeks," said Michael Fratantoni, MBA's Vice President of Research. "Over this five week span, the refinance index has increased by about 33 percent. Refinance application volumes remain about 50 percent below the most recent peak last October."

Meanwhile, the four-week moving average for the seasonally adjusted market index grew 3.6% over the previous week and the four-week moving average fell 2.9% for the seasonally adjusted purchase index. The average for the refinance index is up 7.2%, reflecting a growth in home refinancings.

In addition, the refinance share of mortgage activity grew to 66.7% of total mortgage applications, up from 63.1% a week earlier.

"This is the largest refinance share observed since late January," the MBA said.

The average rate for the 30-year, FRM fell to 4.60% from 4.67%, while the average contract interest rate for the 15-year, fixed-rate mortgage fell to 3.75% from 3.81%, according to the latest MBA report.

Write to: Kerri Panchuk.

Tuesday, May 17th, 2011

Mortgages 30 or more days delinquent or in foreclosure totaled 6.38 million in April, a 2.3% increase from the previous month, according to Lender Processing Services (LPS: 16.78 +1.39%).

The LPS "first look" monthly mortgage performance report showed a sudden increase in troubled loans in April after an 11% monthly drop in March. However, delinquencies are still 16.3% below levels seen one year ago. Overall, 7.97% of all loans in the LPS database are 30 or more days delinquent.

Of the 6.38 million properties in 30-day delinquency or worse, 4.2 million are not in foreclosure. There are also 1.9 million loans 90 days or more delinquent but not in foreclosure.

These mortgages are the exact ones making up the shadow inventory of foreclosures that are keeping downward pressure on home prices and stalling out a recovery. According to another data provider, CoreLogic (CLGX: 14.54 +0.48%), the shadow inventory has declined slightly over the past year.

CoreLogic defines the shadow inventory as mortgages in at least 90-day delinquency and currently transitioning from foreclosure to REO. This supply of properties currently not on MLS systems but winding through the foreclosure process fell to 1.8 million in January 2011, down from 2 million the year before.

But this inventory will continue to see incoming loans for some time.

"In addition to the current shadow supply, there are nearly 2 million nondelinquent or current negative equity loans that are more than 50% upside down that will likely become shadow supply in the near future," CoreLogic said.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Tuesday, May 17th, 2011

News reports suggest that New York prosecutors are preparing fraud charges against a number of large investment banks for defrauding insurance companies with respect to mortgage loans. These allegations and many civil claims with precisely similar predicates illustrate one of the most important aspects of the subprime financial crisis, namely the construction and collapse of the non-bank financial sector.

Thousands of trusts based on a variety of different assets were created to sell bonds to investors, and some of these trusts carried private mortgage insurance. Most of the trusts used to fuel the subprime debt debacle were filled with residential mortgage loans, but other types of loans and commercial paper also were used as collateral. Roughly a third of the US financial markets were financed by the non-bank sector, which has largely disappeared. Thus deflation abounds.

Tuesday, May 17th, 2011

Low-income households continue to rely on credit to meet their obligations, but access to that credit waned in the first quarter, according to a study from the Federal Reserve Bank of Philadelphia.

The Philly Fed surveyed 82 financial service providers in its district on the financial well-being of their clients. For households with low income, 59% of the respondents said access to credit slipped from the previous quarter. Almost half of respondents said funding for these services dropped in the quarter with more drops to come.

"Respondents reported that the financial well-being of [low-income] households continued to decline," said Brian Tyson, research analyst at the Philly Fed. "Organizations providing services to these households have seen significant increases in demand, while simultaneously facing decreases in their funding and capacity to meet this demand."

Of the respondents, 76% said demand for services increased in the first quarter, and 68% said this need will continue to grow over the next three months.

Roughly one-third of those surveyed said the availability of affordable housing decreased.

Over the coming months, access to credit is not expected to change. More than half of the service providers surveyed said there would probably be no change into their client's access to credit over the next three months, according to the report.

Other regional Federal Reserve banks are attempting to address the problem. The Federal Reserve Bank of Cleveland will hold a summit on the blight of low-income families June 9-10.

"Income inequality in this country is at an all–time high, and is among the highest in the developed world," the Cleveland Fed said. "In this environment, it is critical to revisit education and asset building policies, through the lenses of research and practice, that will support stability and upward mobility in poor communities."

Write to Jon Prior.

Follow him on Twitter @JonAPrior.



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