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Archive for June, 2011

Monday, June 20th, 2011

Postings in the four-county Dallas and Fort Worth metro area fell to 4,078 for the July auction, according to Foreclosure Listing Service. Dallas County reported the highest volume of foreclosure postings at 1,610, a 33% decrease from July 2010. Tarrant County had 1,374 postings, followed by Collin County at 582 and Denton County at 512.

FLS said July is the fifth consecutive month auction postings were lower compared to the year ago period. In May, foreclosure postings decreased a staggering 23% from a year earlier and in June postings dipped another 6%. However, George Roddy, president of FLS, remained cautious on his outlook of the market.

"While I am not yet ready to say the foreclosure market has rebounded, I am certainly encouraged," said Roddy. "I remain guarded and believe that while postings may inch down somewhat, that overall posting levels will remain high for some time to come."

Roddy picked out another piece of positive news from the data. FLS found that July is the third successive month postings in the Dallas/Fort Worth metro area were under 4,500. Prior to the latest numbers, monthly posting levels were at or more than 4,500 per month for the 25 previous months, he said.

So far in 2011, there have been more than 33,500 foreclosure postings in the Dallas/Fort Worth area, down 10% compared to 2010, according to FLS.

Write to Christine Ricciardi.

Monday, June 20th, 2011

The government-sponsored enterprises' Uniform Mortgage Data Program is coming into force by Sept. 1.

After that time, the GSEs will require seller-servicers to submit full appraisal reports in electronic data format prior to loan delivery to the secondary markets.

It creates a single means for submitting the 17 pages or so that make up a typical appraisal.

In this case, the GSEs would prefer appraisals submitted in the Mortgage Industry Standards Maintenance Organization XML format.

MISMO, of course, is a subsidiary of the Mortgage Bankers Association, so it makes sense for appraisers to use the soon-to-be industry standard.

The deal by CoreLogic (CLGX: 14.54 +0.48%) to use Mercury Network is proof the new system is already being widely adopted.

Of course, lenders can still submit the appraisals via an Adobe .pdf form. But, there is only one firm that will externally translate that doc in XML format: Veros Real Estate Solutions.

"The industry is moving towards fully electronic submissions of appraisals in MISMO open-source XML formats. GSE programs such as the UCDP are accelerating this long overdue adoption," said Darius Bozorgi president and CEO of Veros Real Estate Solutions.

Lenders remain free to do their own .pdf extractions to submit to the portal and are under no requirement to go to Veros.

"Nevertheless, .pdfs are still one of the major formats for the transmission of appraisals, and arguably the predominant format. As a result, the .pdf extraction service will play a significant role over the next several years," Bozorgi adds. "We anticipate a high volume of .pdf submissions that will gradually decline as the industry more fully adopts MISMO property valuation data standards."

The lender or the appraisal management company is responsible for the fees — though no one is suggesting it isn't worth the costs Veros incurs to do this work. But appraisers may ultimately be hit up for the added cost as lenders and AMCs look for ways to recoup those fees.

Veros' servicing fees for extracting the First Generation PDF into a supported version of XML for submission to UCDP were being circulated at the recent REO Expo conference in Fort Worth, Texas.

Before showing it to me, one source described the fees as "jaw dropping."

For me, I interpret the new fees as a sign that it is time to stop using .pdfs for appraisals altogether (not that I want to take business away from Veros).

There are three levels of .pdf extraction, with escalating fees. Keep in mind that electronic data extraction from .pdfs often lead to textual errors — perhaps the reason it no longer suits the appraisal industry.

So there is the first level of charges, a $3.50 fee per successful appraisal data extraction. Veros anticipates the vast majority of .pdf extractions will fall into this first bucket.

If it doesn't pull clean, the appraiser can always resubmit. If the appraiser wants additional extraction attempts, it could begin to get costly.

The second level of extraction is $18 per appraisal. Therefore, 100 appraisals would cost $1,800. In this case, Veros staffers will offer a more detailed extraction, and clear data inconsistency.

For appraisers using nonsupported appraisal forms, however, Veros will need to manually rekey the entire document to ensure accuracy. This is $12 per page, so 100 appraisals would cost roughly $20,400.

That's more than $20k to switch a hefty batch of appraisals into a XML format — a clear killer to whomever is not on board with the slow death to the appraisal .pdf.

Write to Jacob Gaffney.

Follow him on Twitter @JacobGaffney.

Monday, June 20th, 2011

CoreLogic introduced a new verification system to immediately identify borrowers in the United States military.

Compliance and loan portfolio due diligence solution, Verification of Military Status, allows mortgage services to promptly and accurately verify those protected by the Servicemembers Civil Relief Act. Anyone on active duty and up to 90 days following discharge are protected from actions such as foreclosures and interest rate increases according to the SCRA.

Lenders in the past paid dearly when found in violation of SCRA. In April, JP Morgan (JPM: 37.28 -0.56%) agreed to pay $54 million for offering military members the special status in distressed mortgage servicing the SCRA allows. Bank of America (BAC: 7.215 -1.16%) and Saxon Mortgage are also paying similar settlements.

VOMS is an addition to the company’s Verification Services suite for verifying borrower data. It allows a faster process and more convenient solution to identification under the SCRA, and simply provides an electronic report that reviews the entirety of borrower mortgage portfolios.

"VOMS provides a critical due diligence and compliance solution to help guide servicers in the appropriate management of SCRA-protected borrowers facing foreclosures," said senior vice president of product management and analytics Tim Grace.

In addition, VOMS will further assist in the future for these borrowers by allowing servicers to identify and update their active duty information for possible refinancing, loan modification, adjustable loan rate changes and foreclosure assessment.

Write to Matthew Torres

Monday, June 20th, 2011

More lawmakers in the House of Representatives signed a second letter Friday requesting federal regulators lower the 20% down payment on the qualified residential mortgage.

More than 150 lawmakers signed the original letter sent to regulators in May. However, when regulators delayed the comment period to Aug. 1. days before it was to end, organizers had another chance to push for a reduction. Rep. John Campbell (R-Calif.) and Brad Sherman (D-Calif.) circulated another letter to colleagues on June 13 asking for more signatures by June 16.

Roughly 240 lawmakers have now signed on, according to sources.

In April, federal regulators proposed the risk-retention rule as required under Dodd-Frank. According to the proposal, lenders will be forced to maintain 5% of the credit risk on loans bundled into mortgage-backed securities, except those loans that fit the QRM definition.

A mortgage is considered QRM if it fits a slew of requirements including new servicing standards and a 20% down payment from the borrower. Industry trade groups and consumer advocacy agencies immediately pushed back against the proposal, saying the rule would unnecessarily cut out credit-worthy borrowers.

"The resultant reduction in demand for housing, due to an overly burdensome government dictate, would only add to the challenges the housing market faces, and could threaten a full-fledged economic recovery from years to come," the letter reads.

Credit rating agency DBRS said the standards are already widespread in today's tighter credit environment, keeping originations down outside of refinancing activity.

Analysts at Capital Economics said the proposed risk retention rules will result in more lenders requiring a 20% down payment and it would lock more first-time buyers out of the market.

Half of all repeat buyers, analysts said, would not be able to use their home equity to raise a 20% down payment. Analyst said one-quarter of these borrowers are in negative equity and the rest have less than 20% of positive equity in their home.

"These constraints on demand are structural rather than cyclical, meaning that even faster employment and income growth over the next few years is unlikely to lead to anything more than modest rises in home sales," Capital Economics said.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Monday, June 20th, 2011

At first glance, you're not likely to see a lot of similarities between stately Cambridge, Mass., and sprawling Denton, Texas.

Cambridge (population about 105,000) was already more than 200 years old when Denton (120,000) was founded in 1857. From the center of Cambridge, it's an easy stroll across the Charles River into Boston. Denton, in contrast, sits where Interstate Highway 35 divides—to the west, it's 41 miles to Fort Worth; to the east, 39 miles to Dallas.

But both are college towns. Cambridge is well known as the home of Harvard University and the Massachusetts Institute of Technology. Denton has North Texas State University and Texas Woman's University.

They have something else in common, too. Both have pretty much recovered from the five-year-and-counting housing recession. And both provide invaluable clues for those looking to decipher whether their own markets have seen the worst of the crisis.

Monday, June 20th, 2011

Mid-sized cities, much like their larger counterparts, are experiencing a similar phenomenon where home prices are constantly fluctuating up and down.

It's called a catfish recovery, Altos Research said Monday. And in a catfish recovery, home prices bob up and down, making it hard to predict when a real recovery or downturn will officially take hold.


In Altos' 20-city composite report on mid-sized cities, the research agency found home prices increased in 19 of 21 mid-cities surveyed last month. The mid-cities median price rose 1.11% in May, hitting $254,046, compared to $251,247 in April.

The mid-sized cities experiencing the largest increases were Orlando, Fla., Boise, Idaho, and Boulder, Colo., all of which saw price gains above 5.5%.

Altos concluded in its latest report that "headlines are still talking about a double-dip in housing and the mid-cities numbers provide further evidence of strength in prices across the board. The S&P/Case-Shiller numbers will report the same price strength in the late summer and early fall."

The only mid-sized markets to report declines in the past three months were Honolulu, with price declines in the 2.64% range; Reno, Nev., which experienced a 0.33% decline; and Charleston, S.C. with a 0.24% drop.

Write to: Kerri Panchuk.

Monday, June 20th, 2011

Many in the housing industry fear the qualified residential mortgage will hinder origination levels. However one credit ratings agency found those seemingly arduous standards are common in today's tighter credit environment.

According to DBRS, the standards for originating a prime loan in 2011 are very conservative. Indeed, the criteria is extremely similar to some aspects that would be mandated under the QRM. The DBRS finding shows how difficult it is for borrowers to currently qualify for a prime mortgage.

Borrowers must have an 80% loan-to-value ratio along with a credit score between 680 and 720 to even be considered for a prime mortgage in 2011, for example. This is already a common down payment on prime mortgages this year, DBRS finds in a report. This year, underwriters also typically required two years worth of W-2 forms and verification of employment within 10 days of closing the loan.

A qualified residential mortgage is one with a maximum 80% loan to value, on a property that is owner-occupied and has a 30-year amortization period with full documentation. A borrower must have a track record clear of 60-day delinquencies, according to regulators who defined the terms. If a loan is originated outside of this criteria, banks must keep a 5% risk retention, or "skin in the game."

One controversial aspect of the QRM is the requirement for borrowers to put down 20% of the loan at closing. According to the National Foundation for Credit Counseling, roughly half of all borrowers would never be able to afford this. Lawmakers in the House of Representatives recently sent a letter to federal regulators asking to lower that down payment.

However, if a borrower puts down 20% of the loan, it implies his or her LTV is 80%, which is what DBRS found is already being originated. Still, analyst Kathleen Tillwitz said current origination standards give the market little leverage for recovery.

"Based on the minimum FICO score, maximum loan-to-value (LTV) and the requirement that a foreclosure, short sale or deed-in-lieu be at least seven years old, it is likely that most of the U.S. population will not be able to qualify for a mortgage any time soon," commented Tillwitz. "Consequently, DBRS expects the housing recovery to continue to lag for many years to come unless there is a loosening of underwriting criteria by the major lenders."

See DBRS' findings below (click to expand).

Write to Christine Ricciardi.

Monday, June 20th, 2011

A lack of demand may keep house prices from a consistent rise until 2014, according to analysts at Capital Economics.

Home prices double-dipped in the first quarter, according to the Standard & Poor's/Case-Shiller index. While other indices measured some improvement since, analytics firm Altos Research forecasted an up-and-down market for some time. In the near term, Capital Economics said foreclosure sales should keep house prices down 3% in 2011, resulting in another 5% for the year as a whole.

Easing the flow of foreclosures on the market may stabilize prices to 35% below the peak in 2006.

"But while prices tend to rise rapidly in the years after downturns, this time a chronic lack of demand means that they will probably be unchanged in both 2012 and 2013," Capital Economics said.

The analysts said if house prices continue to fall, more borrowers could fall underwater on their mortgage — meaning they owe more on the loan than the home is worth. According to CoreLogic (CLGX: 14.54 +0.48%), there were 11.1 million properties in negative equity as of the end of last year.

"The danger is that the further fall in prices this year will send more homeowners into negative equity, which then leads to more defaults and more forced foreclosed sales," the note from Capital Economics said. "In such a scenario, prices would fall next year too, before possibly stabilizing in 2013."

Economist Robert Shiller, who worked to develop the S&P/Case-Shiller index, recently said there is room for another 10% to 25% drop in home prices.

Capital Economics said for the next five years, the rental market will be the best performing market in U.S. housing. Investors in this area could expect a rental yield of 5.5% this year and up to 6% by 2014. For the mortgage market, however, too much uncertainty remains.

"A meaningful recovery in house prices and owner-occupied demand cannot occur while first-time and repeat buyers are sidelined by rising down payment requirements and widespread negative equity," analysts said.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Monday, June 20th, 2011

The National Credit Union Administration sued JPMorgan Securities (JPM: 37.28 -0.56%) and RBS Securities (RBS: 8.66 +0.58%) Monday to recover billions of dollars lost by the failure of five corporate credit unions.

The NCUA, which functions as the "liquidating agent" for all failed credit unions, alleged violations of federal and state securities law and misrepresentations in the sale of hundreds of residential mortgage-backed securities, according to a public statement. The sellers, issuers and underwriters of the RMBS deals — in this case JPM and RBS — underestimated the risk associated with the securities, NCUA said, causing credit unions which bought the securities experienced "dramatic" and "unprecedented" declines in value.

NCUA is seeking $800 million dollars from JPMorgan and RBS, according to the complaints filed Monday. However, this is just the first round in a series of litigation cases NCUA plans to bring against Wall Street firms. The organization said it aims to reclaim billion of lost dollars.

"NCUA has a responsibility to do everything in our power to seek maximum recoveries from those involved in the issuing, underwriting and sale of the faulty securities that resulted in the failures of five of the largest wholesale credit unions," said Debbie Matz, chairman of the NCUA Board. "We expect to file additional actions and seek a total amount of damages in the billions of dollars. Those who caused the problems in the wholesale credit unions should pay for the losses now being paid by retail credit unions."

Matz said the litigation cases spurred from an investigation into the cause of the five failed wholesale credit unions, namely, the U.S. Central Corporate Credit Union, Western Corporate Credit Union, Southwest Corporate Credit Union, Members United Corporate Credit Union and Constitution Corporate Credit Union. All five were taken into conservatorship in 2009 and 2010.

Wholesale credit unions provide various services to retail credit unions, such as check clearing, electronic payments and investments. Retail credit unions deal actively engage with borrowers.

The National Association of Federal Credit Unions openly advocated the NCUA effort Monday afternoon in a public statement.

"NAFCU has long urged NCUA to leave no stone unturned in attempting to make our members whole by recouping some of the cost of corporate stabilization," the trade organization said. "NAFCU fully supports any and all NCUA legal action aimed to reach culpable parties, including today’s suits."

Write to Christine Ricciardi.

Monday, June 20th, 2011

A case against First American Title holding a minority interest in title insurance agencies that sell First American title policies will be heard in front of the Supreme Court.

The top court agreed this week to hear the case of Denise P. Edwards v. First American Title.

In the underlying suit, Edwards moved to obtain class-action certification status against First American Title in her illegal kick-back suit against the title insurer. In her original suit, Edwards claimed First American violated provisions of the Real Estate Settlement Procedures Act of 1974 by buying a minority interest in title agencies and establishing an exclusive agency agreement with those agencies to sell First American's title insurance policies.

In the suit, Edwards contended the agreements were exclusive in nature and not in compliance with guidelines established under the anti-kickback provisions of RESPA.

At the district and appellate court levels, First American challenged Edwards on the grounds that the plaintiffs lacked standing under RESPA to bring the claim. The lower courts found standing, but the case has now been appealed to the Supreme Court for the top court's review. Lower courts said Edwards could claim statutory standing under RESPA even if all individual plaintiffs were not directly harmed by the allegations of overcharging.

The Supreme Court granted certiorari, which means they will hear the case and make their own assessment of the case, establishing national precedent.

Write to: Kerri Panchuk.



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