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Archive for May, 2011

Friday, May 27th, 2011

Fannie Mae issued $34.5 billion in guaranteed mortgage-backed securities in April, down from $54 billion one month ago and the lowest level since January 2009, when the government-sponsored enterprise issued $21 billion.

The highest level since then was at $130 billion in June 2009. Not only did the secondary market see a slower pace in April, but pending home sales on the origination side showed a significant drop as well.

Fannie also cut its mortgage portfolio for the 10th straight month in April, as its gross mortgage portfolio declined at a compound annualized rate of 15.8% in April.

Under the conservatorship agreements issued in September 2008, Fannie and Freddie Mac must cut their mortgage portfolios to less than $729 billion by Dec. 31. Freddie Mac is already there, dropping to $692 billion early in 2011.

Although Fannie has been making cuts since July, it remains above the threshold at $748.8 billion as of April. Federal Housing Finance Agency Acting Director Edward DeMarco, the chief regulator for the GSEs, said in a House subcommittee hearing Wednesday that Fannie is expected to be below the limit by the end of the year.

The last time Fannie added to the portfolio was in June when the gross mortgage portfolio increased to $817.8 billion.

In April, the serious delinquency rate on Fannie Mae mortgages dropped to 4.27%, down 17 basis points and the lowest level since July 2009. In February 2010, the serious delinquency rate increased to 5.59% and has dropped every month since.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Friday, May 27th, 2011

Quicken Loans Mortgage Services, a division of Quicken Loans Inc., introduced a correspondent lending platform that will allow community banks and credit unions to work with clients on mortgage applications while Quicken's mortgage operation will handle all of the support services for the loans on the back-end.

Under the program's design, clients will view their local community bank or credit union as a one-stop shop, where they can handle their part of the mortgage origination process. Essentially, all closing documents will be handled at the homeowner's bank or credit union, creating convenience while also establishing a structure where QLMS can handle the sale of the loan to Quicken Loans on the back-end.

As part of the platform's structure, local credit unions and banks will be closing and funding loans in their own name, while tapping into Quicken Loans technology and client servicing platforms for support, QLMS said.

Correspondent lenders typically have the ability to approve and fund their own loans, as opposed to loan brokers, which typically have no such control.

“Moving into this segment of the market and offering these services will provide attractive options for community banks and credit unions," said Tod Highfield, divisional vice president of QLMS.  "These financial institutions will be able to leverage the resources and expertise of Quicken Loans while maintaining the local presence they so deeply value.”

QLMS says partnering banks will be able to offer Fannie Mae, Freddie Mac, FHA and VA mortgage options, as well as Fannie Mae HomePath mortgages to clients.

Write to Kerri Panchuk.

Friday, May 27th, 2011

One member of the Securities and Exchange Commission said the newly adopted whistle-blower program would undermine a financial institution's ability to catch violations at an early stage.

SEC Commissioner Kathleen Casey, who was appointed by President George W. Bush in July 2006, expressed her concern in a meeting this week with the other commissioners and SEC Chairman Mary Schapiro.

"An inherent risk of the approach adopted in the final rule, is that the monetary sums at stake will provide a significant enough incentive for whistleblowers to completely bypass internal reporting in favor of coming straight to the Commission," Casey said. "Diverting a large portion of that flow of information to the government will impair companies’ ability to step in and interrupt violations at an early stage."

The new program passed the commission on a 3-2 vote this week. Established under the Dodd-Frank Act, the program will "reward individuals who act early to expose violations and who provide significant evidence that helps the SEC bring successful cases."

But Michael Grimm (R-N.Y.) introduced a bill earlier in May amending Dodd-Frank and requiring the employee to report to his or her employer with the information before going to the SEC. If the whistle blower doesn't, no reward will be given, according to the bill.

Casey said undermining these internal controls does not benefit investors. She warned the volume of these complaints will surely grow and make the job more difficult for the SEC division of enforcement.

Shapiro favors the new whistle-blower rule and said tips the SEC received since the Dodd-Frank became law are more substantive. And she expects the trend to continue.

Casey added the program provides incentives to attorneys to step forward and violate attorney-client privileges. While the program exclude information obtained from such communications, an attorney can come forward if he or she "has a reasonable basis to believe that disclosure of the privileged information is necessary to prevent substantial injury to the financial interest or property of investors," Casey said.

She added that many securities law violations could be considered a threat of financial injury to investors. Casey said be allowing attorneys to come forward under the exception would undermine duties of trust and confidence that must given to their clients.

"While I appreciate that today’s release seeks to provide additional incentives for whistleblowers to use internal reporting channels, I remain deeply concerned that they are not sufficient to preserve the value of internal compliance programs and their contribution to our enforcement efforts," Casey said.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Friday, May 27th, 2011

A New York appellate court agreed to let MBIA (MBI: 12.04 +0.33%) go forward with a case in which the bond insurer claims Morgan Stanley (MS: 18.05 -0.55%) fraudulently represented the quality of residential mortgage-backed securities, causing MBIA to end up on the hook for those  assets when the housing market collapsed.

The bond insurer claims Morgan Stanley misrepresented the quality of the mortgages that the firm ended up insuring as part of an RMBS securitization. In court records, MBIA accuses Morgan Stanley of misrepresenting the quality of the underlying mortgages by providing the insurer with false or incomplete information on loan tapes and schedules.

MBIA initially filed suit, accusing Morgan Stanley of fraudulent inducement and breach of contract. The bond insurer also claimed Saxon, the servicer involved in the deals, violated terms of the servicing agreement and was unjustly enriched.

Morgan Stanley asked the Supreme Court of the State of New York County of Westchester to throw out claims against the bank on the  grounds that MBIA did not put forth a proper fraud claim. Morgan Stanley also claimed the factual allegations failed to show the defendants acted with evil motive or wanton disregard.

The Supreme Court of the State of New York County of Westchester held  that MBIA's claim against Morgan Stanley will go forward, so a trial court can work through the facts of the case. Morgan Stanley declined to comment on the decision Friday.

"We are pleased that the court has allowed our fraud and contract claims to move forward against Morgan Stanley," MBIA said in a statement. "The decision continues and reinforces the string of favorable rulings in our RMBS litigations against Bank of America (BAC: 7.215 -1.16%), Countrywide, Credit Suisse (CS: 26.60 -0.41%), GMAC Mortgage and Residential Funding Co."

Write to Kerri Panchuk.

Friday, May 27th, 2011

The delinquency rate among loans from state housing finance agencies reached 7.5% at the end of 2010, up a full percentage point from the previous quarter and the highest rate on record, according to Standard & Poor's.

While analysts do not expect the rising delinquencies to cause negative rating actions, they warned deteriorating loan performance could continue "for several years." The delinquency rate on the 34 HFA whole-loan bond programs exceeded those of comparable state loans for the second quarter in a row. It's also the third consecutive quarter more than 20 HFA programs had delinquencies increase.

"One of the reasons why these delinquencies have been so high is that HFA programs include a large share of loans that were originated during the housing boom. Those loans are currently the poorest performers," S&P analysts said.

Recent loans written under the new issue bond program hold more conservative underwriting standards, lower purchase prices and lower loan-to-value ratios.

But another reason for the extended delinquency rate could be lenient loss-mitigation practices. A housing finance agency can give a borrower who is two months behind on a mortgage extra time to make up the deficit, allowing a seriously delinquent loan to stay on the books for more than one year instead of putting the loan in foreclosure.

Unemployment rates remain high, and home prices continue to bounce along the bottom. This combination keeps struggling borrowers underwater and unable to catch up.

S&P Chief Economist David Wyss expects prices on the S&P/Case-Shiller index to drop another 4% before stabilizing in the second quarter. He also expects the Federal Housing Finance Agency index to drop another 5% before hitting a bottom at the end of 2011. Unemployment meanwhile should remain above 8% for the rest of the year.

Preliminary data for the first quarter show delinquencies on the decline from the end of last year but still above levels seen in the first quarter of 2010.

"We believe that delinquency rates will remain high in large part because unemployment is stagnant at nearly 9% nationally," analysts said. "Until the job market improves, we believe that loans will continue to perform worse than their historical record. Based on Standard & Poor's economic outlook, high delinquency could affect HFAs for a few more years."

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Friday, May 27th, 2011

After analyzing U.S. personal income and spending, as well as the state of the American economy after a majority of TARP funds have been repaid, industry analysts contend the American consumer is worse off and never benefited from any trickle-down effect from the 2008 infusion of capital into big banks.

In an article first published by Reuters, Christopher Whalen, co-founder of Institutional Risk Analytics, explained that even with the Treasury Department recovering 75% of the funds allotted to banks under Troubled Asset Relief Program, individuals are still in a jobless recovery and face substantial obstacles after the large-scale bailouts.

"First and foremost, we must subtract the vast flow of subsidies that are still flowing through the income statements of banks and nonbank financial firms, which participated in the government rescue program," Whalen said. "Since 2007, the Fed has pushed the cost of funds for the banking industry down by about $100 billion annually in terms of interest expense, according to the FDIC’s Quarterly Banking Review. This includes reduced interest paid to individual savers and FDIC guaranteed debt issued by banks and the likes of General Electric."

The end result, he said, is the cost to Americans annually "in terms of transfers of wealth from individual and corporate savers to banks and large debtor corporations probably equals all the funds recovered by Treasury and the interest payments on same."

"By my calculations, that puts the American people behind a couple of trillion dollars thanks to the corporate philanthropy of Tim Geithner, Hank Paulson, George Bush and Barack Obama," Whalen said. "Indeed, so generous have Geithner and Obama been to the banks that Wall Street is already filling the Obama reelection coffers. But the real cost to the American people of the TARP bailout and related operations is a no growth economy."

Adding further insult to injury, Paul Dales, senior U.S. economist at Capital Economics, says household finances are weak with real disposable income unchanged in April and data indicated that real incomes have not risen at all this year.

"Put simply, the increase in prices has almost exactly offset the boost to nominal incomes from some decent gains in employment and the payroll tax cut," Dales said.

"Moreover, in order to raise their real spending at a fairly weak annualized rate of 2.2% in the first quarter, households had to dip into their savings. The saving rate fell from 5.4% in January to 4.9% in March and remained at that two-year low in April," Dales said. "This is not too worrying, as rising equity prices probably boosted net wealth in the first quarter. But with equity prices now moving sideways and house prices once again falling as fast as they were at the height of the financial crisis, households may not be able to run down their saving rate much further."

Dales concludes that without a sharp rebound in real incomes, which he doesn't see on the horizon, real consumption growth will lag.

Write to Kerri Panchuk.

Friday, May 27th, 2011

Another downturn in home prices could stifle the solid recovery banks have made in the past two years, cutting into profit margins, derailing credit and threatening ratings, according to Standard & Poor's credit analyst Devi Aurora.

The S&P report, which is based on a hypothetical situation with home price declines as deep as 15% between now and December 2012, examines the impact further price declines would have on banks, which are exposed to fluctuating home prices through loan portfolios and holdings of mortgage-backed securities.

In the past 12 months, banks have performed quite well.  Recent reports show earnings at banks insured by the Federal Deposit Insurance Corp. growing exponentially year-over-year.

The banking regulator said financial institutions earned $29 billion in the first three months of 2011, up 66.5% from $17.4 billion a year ago and at the highest level in four years.

When analyzing the potential for further price volatility, S&P analysts found "rising interest rates, combined with receding business and consumer confidence, could be the trigger for a renewed housing downdraft."

Write to Kerri Panchuk.

Friday, May 27th, 2011

Pending home sales fell substantially in April with unusual weather and continued economic softness hindering a recovery in the housing market, according to the National Association of Realtors.

The large trade association, which has more than 1.2 million members, said its pending home sales index, which is based on contracts signed, decreased 11.6% to 81.9 for April from a downwardly revised 92.6 for March. NAR said the index is 26.5% lower than 111.5 for the year-earlier April, when homebuyers where rushing to qualify for the expiring federal tax credit.

NAR chief economist Lawrence Yun attributed the decline to temporary factors, although tightened lending standards "is the primary long-term factor holding back the market." In late April, after reporting the pending home sales index rose 5.1% in March on top of a 2.1% gain the prior month, Yun said "the market is recovering on its own."

But other economic indicators continue to weigh down housing.

"The magnitude of the fall in pending home sales is larger than can be implied by broad economic factors, so we need to see if it’s just a one-month aberration," Yun said. "The pullback in contract signings is disappointing and implies a slower-than-expected market recovery in upcoming months. The economy hit a soft patch in April from sharply rising oil prices, widespread severe weather with the heaviest precipitation in 20 years, and a sudden rise in unemployment claims."

The NAR pending home sales index rose 1.7% in the Northeast in April, while falling in all other parts of the country. In the South, pending sales fell 17.2% from March with a 10.4% drop in the Midwest and an 8.9% decline in the West. The April pending homes sales index in the Northeast was 33.4% lower than a year earlier. In the Midwest, the index fell 30.2% below year-ago levels, and the South experienced a 27% drop from April 2010 with the index down 17% in the West.

"Even with very favorable affordability conditions, job growth and a pent-up demand from abnormally low household formation during the past three years, the recovery will continue to be uneven and sluggish given the ongoing credit constraints," Yun said.

Write to Jason Philyaw.

Friday, May 27th, 2011

A federal judge in Oregon delivered a potential setback to the mortgage industry’s electronic lien-registry system in a ruling issued Wednesday.

Oregon allows lenders to foreclose without going to court, but the state requires banks to record the ownership history of the mortgage with local county governments in those non-judicial foreclosures. The Mortgage Electronic Registration Systems, or MERS, was created by the mortgage industry in the 1990s to facilitate the recording of mortgages that were being bundled and resold as securities.

Friday, May 27th, 2011

Religious leaders from around the state rallied at the Florida capitol Thursday morning calling on Attorney General Pam Bondi to drop her opposition to a portion of a 50-state settlement with five mortgage lenders that have been accused of mishandling loan and mortgage documents.

Fifty state attorneys general have been negotiating a settlement with five lenders, but Bondi is one of seven members of the group who opposes a key negotiating point — cutting the mortgage principal for qualified homeowners.



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