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Archive for June, 2011

Tuesday, June 21st, 2011

As the government-sponsored enterprises slowly wind down their massive domination of the mortgage finance markets, the most likely parties to fill the capital hole left behind are the big four banks.

However, how well or how much the big four can cover remain up for discussion.

On Tuesday, speakers tossed ideas back and forth at a panel titled: "Housing Finance Reform Proposals." They gathered in Washington at the annual meeting of the American Securitization Forum, a trade group representing secondary market players.

One speaker wryly referred to the unofficial title of the panel as "life without the GSEs." The future may be murky, and the present is unlikely to change in the near-term, one panelist said.

The evolution of the mortgage finance markets away from government support will become clearer as financial reform under Dodd-Frank begins to take hold. Until then, according to Alfred Pollard, general counsel Federal Housing Finance Agency, the government will continue support Fannie Mae, Freddie Mac and the dozen Federal Home Loan Banks.

"If the enterprises are in conservatorship we are supposed to conserve their assets," Pollard said. "We made a decision that Fannie and Freddie, and home loan banks should stick to their core businesses."

Moderator Christopher DiAngelo, partner at Katten Muchin Rosenman, said Bank of America (BAC: 7.212 -1.21%), Citigroup(C: 30.43 +0.16%), JPMorgan Chase(JPM: 37.28 -0.56%) and Wells Fargo(WFC: 29.37 +1.10%) hold 70% of the private mortgage origination market. Therefore, they seem the likely option to take market share from the GSEs.

Others financing options, such as developing a covered bond market or a greater presence of private investor bases, such as from real estate investment trusts, are only going to handle a small portion of the financing, the panel said.

"A covered bond market does not solve a lot of problems," said Nancy Mueller Handal of MetLife Investments, a $45 billion investor in mortgage-backed securities, 80% of which are GSE bonds.

"There is not the investor base to fill the gap that people think. We would have very little room for covered bonds," she added.

Furthermore, investors want a stronger foundation for investments in private-label MBS. Those investors will want vertical risk retention, adequate access to representations and warranties and a third-party arbitrator assigned to deals.

"The pipes are not in place yet," Handal added.

Write to Jacob Gaffney.

Follow him on Twitter @JacobGaffney.

Tuesday, June 21st, 2011

The prevalence of the 30-year mortgage in the housing market will rapidly diminish and eventually disappear without a government guarantee for related mortgage-backed securities.

Two members of the House Financial Services Committee, Reps. Gary Peters (D-Mich.) and John Campbell (R-Calif.) told attendees at the American Securitization Forum's annual meeting in Washington that this is precisely what will happen if legislation they plan to introduce is not passed into law.

"How many of you are going to be excited to buy a package of 30-year, mortgage-backed securities in the TBA market that's not government guaranteed?" Campbell asked the crowd of secondary market issuers and investors. "Let the record show, the hands showing up are zero."

Campbell said the insurance program will be on bonds and not on institutions. It's an idea that holds bipartisan support and is supported by the Federal Insurance Deposit Corp., as well, he added.

"Thirty-year mortgages will need to be securitized. The FDIC will not allow banks to hold them. And the banks want to do it privately," Campbell said. "We don't like to call it a GSE bill, because we aren't going to have GSEs. If we are going to have housing recover, we need housing finance to recover."

In May, Campbell told HousingWire the proposed bill had already garnered support from around the industry.

Campbell and Peters are pushing to create guarantee associations. These will be private entities, which hold 5% risk retention on mortgage bonds, and regulated by FHFA.

"We are not doing (Fannie and Freddie) all over again. Fannie Mae and Freddie Mac are guaranteed entities. This will guarantee the performance of the loans, not the entities itself," he said.

Campbell said the legislation will create five such associations, at least as a start. In the future, he hopes these associations will increase in number and specialize in different operations. This way an entity can fail, but the mortgage markets will be diverse enough to absorb the blow.

"Americans don't want hedging strategies based on changing mortgage rates," added Peters. "They want 30-year, fixed-rate mortgages with no surprises."

During the question and answer portion of the panel, one observer wondered why the GSEs shouldn't become the first two such guarantee firms. It would be easier, he posited, to wind down GSE issuance and transform the firms into insurers. This would save an enormous amount of taxpayer money, he said.

Campbell countered that Fannie and Freddie are now too political for such a solution.

Peters quickly added: "The system of private gains and socialized loss is a moral hazard and needs to end."

Write to Jacob Gaffney.

Follow him on Twitter @JacobGaffney.

Tuesday, June 21st, 2011

U.S. mortgage delinquencies are faring much better compared to one year ago, according to Lender Processing Services' "First Look" report released Tuesday.

The report provides month-end mortgage performance statistics from LPS' loan-level database of nearly 40 million mortgages. The Jacksonville, Fla.-based firm will release more detailed reporting in its upcoming "Mortgage Monitor" report, which comes out at the end of this month.

According to the report, 7.96% of U.S. home loans were 30 days past due but not in foreclosure in May, down a staggering 18.3% compared to the same month in 2010. This figure is down a slight 0.1% from April. LPS estimates there are 4.2 million mortgages in delinquency status, with 1.9 million seriously delinquent, meaning 90-plus days past payment.

Foreclosure pre-sale inventory, on the other hand, continued to stay above last year's averages. Inventory was up 4.11% last month compared to the year ago period, totaling 2.2 million homes.

Florida posted the highest percentage of noncurrent loans statewide in May, followed by Nevada, Mississippi, New Jersey and Illinois. The states with the least percentage were, in descending order, Montana, Wyoming, Alaska, South Dakota and North Dakota.

In other recent news, LPS recently lowered its second quarter earnings estimate by 31% based on the sluggish mortgage market.

Write to Christine Ricciardi.

Tuesday, June 21st, 2011

Fannie Mae and Freddie Mac moved fewer borrowers through the Home Affordable Refinancing Program for the second-straight month, according to their regulator, the Federal Housing Finance Agency.

HARP launched in March 2009, allowing borrowers to refinance their Fannie Mae and Freddie Mac mortgage out of negative equity and into a lower rate. The FHFA extended the program in March and set it to expire June 30, 2012. Fannie and Freddie refinanced more than 784,000 loans through HARP since it began.

In April, roughly 32,000 loans made it through HARP, down from 42,000 the month before, according to the FHFA report. It's the second straight month of decreases and the lowest level since August 2010 when Fannie and Freddie refinanced 29,000 borrowers through HARP.

Approximately 84% of them held loan-to-value ratios of less than 105%. About 5,400 HARP refinances in April had LTVs between 105% and 125%, meaning these borrowers owed more on their loan than the home was worth.

At the end of April, the government-sponsored enterprises held 1.3 million mortgages in 60-day delinquency or worse, down from nearly 1.7 million one year ago.

Both GSEs completed 28,000 modifications, roughly flat from the previous month, and they completed 9,700 short sales, down slightly from March but the highest total since December.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Tuesday, June 21st, 2011

Home sales are on the rise in Florida, but house prices are still seeing downward pressure in a state hit hard by the foreclosure crisis.

Existing-home sales rose 3% in May with 17,288 homes sold, up from 16,790 homes in May 2010 while existing-condo sales climbed 17% with 8,338 units sold statewide, up from 7,104 units the year before, according to Florida Realtors.

Median sales prices on existing single-family homes declined 5% to $135, 500 from $142, 900. Still, May’s statewide existing home median price was about 2.9% higher than it was in April.

Sales of foreclosures and other distressed properties continue to downwardly distort the median price because they generally sell at a discount relative to traditional homes.

This was the sixth consecutive month that it’s been reported to have a higher year-over-year existing home and existing condo sales statewide.

Write to Matthew Torres.

Tuesday, June 21st, 2011

MetLife Inc., the biggest U.S. life insurer, is poised to become the No. 1 reverse-mortgage lender as Wells Fargo & Co. and Bank of America Corp. leave the market.

Wells Fargo, the largest U.S. home lender, is retreating from reverse mortgages in part because of “unpredictable home values,” the company said June 16. The reverse mortgage was the most prominently featured product last week on the website of MetLife Bank, a unit that the company said may hedge the parent against declines in the main insurance business.

Tuesday, June 21st, 2011

Kroll Bond Rating, a ratings agency that launched this year to nab market share from Moody's, Standard & Poor's and Fitch, rated its first single-borrower commercial mortgage-backed securities transaction this week.

The rating is tied to a transaction backed by a 10-year, fixed-rate mortgage, with the 820,869-square-foot Fashion Centre at Pentagon City mall in Arlington, Va., serving as collateral. It is known as the BAMLL Trust 2011-FSHN transaction.

The mall backing the loan has 148 tenants, including anchor tenants Macy's and Nordstrom.

KBRA assigned four ratings to the deal, including a triple-A rating on a class with an anticipated balance of $310 million. The remaining classes received triple-B, A and double-A ratings, respectively.

The ratings report comes months after Kroll Bond Rating launched to compete in areas where other rating agencies had lost some of their credibility in the housing crisis, mainly in the areas of CMBS and RMBS.

Write to: Kerri Panchuk.

Tuesday, June 21st, 2011

As members of the Federal Reserve Board attend the Federal Open Market Committee Tuesday and Wednesday to discuss interest rates and the final two weeks of quantitative easing under QE2, economists are busy guessing what the Fed will or will not say about economic stimulus going forward.

"I think the main topic of consideration will be what do the weak growth indicators for the second-quarter mean, and how do they reflect that in their conduct of monetary policy," Doug Duncan, chief economist for Fannie Mae, said in an interview with HousingWire. "It would be interesting to see whether the recent weakness for the second quarter alters any of their public statements, and if they give any indication of changes in regards to ending the Treasury repurchase program … or whether they make a comment on the reinvestment of maturing mortgage-backed securities back into Treasurys."

Of particular concern is the anemic housing market, which has failed to respond to record-low home prices and interest rates, pointed out University of Texas at Arlington economist Roger Meiners.

"I am guessing they are not going to change anything," Meiners said. "Interest rates appear to be stable, and the so-called stimulus is probably likely to continue. Nobody else is going to buy all of the Treasury debt, except for the Fed. The massive deficits continue and that paper has to be pedaled to someone."

"It's going to be stay the course," Meiners said, when predicting the Fed's course of action. "They have gotten themselves into a trap. They are afraid if they raise interest rates it will quash the minimal growth that we already have. In real estate, the low interest rates are not doing a lot to stimulate demand. You have a massive backlog of unsold property, and it will take a couple of years to clear that out."

Meiners not only predicts a stay-the-course action by the Fed, he said the FOMC board members are stuck between a rock and a hard place, with true unemployment — counting those who have quit searching for work — hovering near 14%.

"It's a long-term liquidity trap," he said. "It doesn't matter how low you cut the interest rate. No one is interested in grabbing the money. The Fed has been pumping money into the system. We have seen interest rates drop a little bit. Nobody is too anxious to borrow, and the banks are not anxious to lend."

Analysts are increasingly skeptical of the idea that the Fed will deliver the nation back to a period of equilibrium anytime soon.

"While stimulative monetary policy is an appropriate cure for short-term cyclical declines in domestic demand, there are a wide range of economic problems that cannot be corrected by monetary policy," said Richard Alford in an article published by Institutional Risk Analytics. Due to external supply-driven issues including disinflation and unemployment dating to the mid-1990s, "U.S. policymakers should have pursued policies that promoted structural adjustments. Instead, the policymakers pursued expansionary counter-cyclical policies."

"Unfortunately, U.S. policymakers are again pursuing the same inappropriate stimulative policies and continue to ignore the underlying structural problems," Alford said. "Policymakers continue to act and economic pundits continue to talk as if U.S. inflation and output are determined by domestic factors only. The only policies that have been implemented or even proposed have been the tools of counter-cyclical domestic aggregate demand management which cannot successfully cure problems that have roots in external structural supply shifts."

Write to: Kerri Panchuk.

Tuesday, June 21st, 2011

The Houston metropolitan area is still feeling the effects of the first-time homebuyer tax credit, as May home sales, still weak, hit the highest point since the purchase incentive expired.

May sales in the Houston metro area of all residential property types hit 5,948, down 11.2% from a year ago — the highest number of sales since June 2010, according to the Houston Association of Realtors. Single-family home sales were down 11.9% compared to May 2010 with 5,043 sales, while condo sales declined 20.7% to just 441 units. (Click on charts to expand.)

"Getting an accurate read on the Houston real estate market remains challenging because the 2010 tax credit prompted a surge in home sales during the first half of last year that otherwise would have occurred throughout the summer," said Carlos Bujosa, HAR chairman.

While most of the country is experiencing home price declines, HAR reported the average sales price for a single-family residence in May 2011 at $220,210, up more than 6% compared to May 2010. The median sales price also increased 3.2% over the year prior to $157,900.

Foreclosures are accounting for a smaller slice of the market, statistics also indicate.

Foreclosed property sales accounted for 19.8% of all May home sales in the Houston area, down 3% compared to one year prior, according to HAR. In April, distressed properties made up 22% of all sales and in March they accounted for 23.5% of all sales.

Instead of purchasing homes, would-be buyers may be renting instead. HAR noted that the volume of renters "soared" in May. Demand for single-family home rentals surged 19.9% in May compared to a year ago and townhome and condominiums rentals jumped 24.6%, the firm said.

"With Houston's healthier employment climate, this demand has been largely driven by a steady influx of consumers from other parts of the country that may be waiting to sell the homes from which they've moved or who may be getting their finances in order before making a local home purchase," HAR said.

Write to Christine Ricciardi.

Tuesday, June 21st, 2011

Paul Allen, former CEO of the failed mortgage lender Taylor, Bean & Whitaker, was sentenced to 40 months in prison for his role in a $2.9 billion fraud scheme orchestrated by his boss and TBW Chairman Lee Farkas.

TBW, based in Ocala, Fla., originated, serviced and sold mortgages in pools to Freddie Mac and relied on various purchase facilities, credit lines and other financing vehicles, usually with Colonial Bank and Ocala Funding.

Many of those mortgages didn't exist and previously foreclosed homes and nonexistent loans served as collateral in some securities, according to court documents. The Special Inspector General of the Troubled Asset Relief Program discovered the fraud when Farkas filed a false application with TARP officials on behalf of Colonial for a $553 million bailout in 2009.

Allen pleaded guilty in April to one count of making false statements and one count of conspiring to commit bank and wire fraud. Allen worked out of his home in Oakton, Va., and led Ocala Funding.

Ocala sold commercial paper to investors and used the money to fund TBW mortgages.

"As TBW’s chief executive officer, Mr. Allen served as an accomplice to Lee Farkas and his massive fraud scheme," said Assistant Attorney General Lanny Breuer. "He concealed TBW’s staggering deficits through false financial reports, which ultimately caused investors to lose more than $1.5 billion."

Former TBW financial analyst Sean Ragland, who reported to Allen, was also sentenced Tuesday to three months in prison.

On June 10, TBW Treasurer Desiree Brown was sentenced to 72 months, and former TBW President Raymond Bowman was sentenced to 30 months in prison for their involvement in the scheme.

On June 17, Colonial Bank's Senior Vice President Catherine Kissick was sentenced to eight years, and Teresa Kelly, the former operations supervisor for the Colonial funding facility, was sentenced to three months in prison for their involvement in the scheme.

"Today’s sentence sends a strong message that corporate fraud by senior executives will not be tolerated," Breuer said. "At the same time, it demonstrates that substantial assistance in the government’s investigation and prosecution of corporate fraud will be taken into account at sentencing."

Lee Farkas was originally scheduled to be sentenced June 27, but the Justice Department said his sentencing was rescheduled to June 30.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.



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