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Archive for June, 2011

Wednesday, June 15th, 2011

Conditions in the title insurance industry improved in the first quarter, as premiums written increased 8.7% from a year earlier.

The American Land Title Association said about $2.25 billion of new premiums was written during the first three months of 2011, up from $2.07 billion in the 2010 first quarter.

"After 13 consecutive quarters in which title premiums written declined from the prior year's equivalent quarter, the third quarter of 2009 ended this string with an increase of 1.4% over third quarter of 2008," said Kurt Pfotenhauer, chief executive officer of ALTA. "Since then, quarterly premiums written have fluctuated up and down in no discernible pattern."

Pfotenhauer believes the title industry remains in a strong financial position, with operating losses narrowing to $11 million in the first quarter from a loss of $124 million during the same three months of 2010. The industry has $8.3 billion in assets and more than $4.75 billion in statutory reserves, he said.

According to the ALTA report, the Fidelity family of title insurers wrote the highest volume of premiums in the first quarter with $757.5 million, which is roughly one-third of the market. Still that figure is down 3.2% from a year earlier.

First American insurers followed Fidelity with a 28% market share, or $622.4 million of premiums written in the first quarter. Old Republic garnered 13.5% of the market, while Stewart and its associated firms claimed 12.5%.

Forty-one states and the District of Columbia experienced increases in title insurance premiums on an annual basis. Companies wrote the most amount title insurance in California, with $307 million, up 2% from the first quarter of 2010. Texas came in second at $246 million, up 22.2%, followed by New York at $165 million and Florida at $159 million.

Alaska, Kansas and West Virginia witnessed more than a 30% spike in written premiums, ALTA said.

Write to Christine Ricciardi.

Follow her on Twitter @HWnewbieCR.

Wednesday, June 15th, 2011

Community bankers believe the revision of a Basel II banking provision will prevent large financial firms from gaining an unfair advantage over smaller banks.

The Basel II revision, which received regulatory approval this week, proposes a new, permanent capital floor for all banks to follow. Prior to the revision, larger financial firms had more control over their own capital floor requirements, with most setting their risk standards on internal modeling, the FDIC said in a report.

The Office of the Comptroller of Currency, the Federal Reserve and the Federal Deposit Insurance Corp. approved the final capital floor requirement this week as the agencies implement Dodd-Frank regulation, which specifically proposed revisions to Basel II's capital floor standards.

Under the new proposed guidelines, larger financial firms and bank holding companies would calculate their capital floor using the same general risk-based capital requirements for state member banks.

Each bank would have to maintain a total risk-based capital ratio of 8%, and a Tier 1 risk-based capital ratio of 4%. In addition, a bank's total risk-based capital ratio would be the lower of its total qualifying capital to total risk-weighted assets and its total risk-based capital ratio. A bank's tier 1 risk-based capital ratio would be the lower of its tier 1 capital to total risk-weighted assets and its its tier 1 risk-based capital ratio.

Write to Kerri Panchuk.

Wednesday, June 15th, 2011

Miami-based construction material supplier Banner Supply Co. agreed to pay roughly $54.5 million to Florida homeowners to settle Chinese drywall disputes.

The plaintiffs, handled in District Court for the Eastern District of Louisiana in New Orleans, alleged Banner provided defective drywall manufactured in China to between 500 and 700 homeowners throughout the Sunshine State, according to a spokeswoman for the plaintiffs' attorney.

Banner denied liability for any involvement in the purchase or distribution of the Chinese drywall and decided to settle the claims "in good faith," according to court documents.

"We are settling this matter to bring a resolution for our customers and to allow the homeowners to fix their homes," said Michael Peterson, Banner's counsel from Peterson and Espino of Miami. "We regret that this could not have been achieved sooner, but Banner recognizes that prolonged litigation would not have accomplished this goal."

Federal Judge Eldon Fallon still must approve the settlement. Banner's insurers Chartis, FCCI Insurance Company, Hanover American Insurance Co. and Maryland Casualty Co. will fund the settlement.

As of Jan. 7, there were 3,770 incidents reported of defective drywall, according to the Consumer Product Safety Commission. Florida leads the ranks with 2,137 cases, followed Louisiana with 704 cases and Alabama with 215 cases. Chinese drywall was a primary resource used to build homes in the South during the housing boom and when rebuilding after several hurricanes.

Defective drywall emits corrosive chemicals known to damage electrical wiring, metals pipes and households appliances. Chinese drywall may also cause health issues for people exposed to it for long periods of time.

Banner purchased 1.4 million sheets of Chinese drywall manufactured primarily by German company Knauf Group. Banner received first complaints in 2006, which it brought up with the Chinese manufacturer, according to court documents. Knuaf Group sent a company representative to inspect and test the drywall.

"These alleged 'independent' test results reported to Banner and others that there was no reason for concern about complaints regarding the odor because the odor was normal for drywall manufactured in China; and the drywall was completely safe and would cause no harm," the case summary said.

Knauf later admitted these assertions were false, according to the document.

Counsel for the plaintiffs believe the case is a substantial development in Chinese drywall litigation and definitely a win for Florida homeowners. A New Orleans lawyer representing one of the plaintiffs said he continues to engage in negotiations with other responsible parties and expects another settlement in about 60 days.

"This is an ongoing process to secure complete relief for affected homeowners," attorney Russ Herman said in a statement.

Write to Christine Ricciardi.

Follow her on Twitter @HWnewbieCR.

Wednesday, June 15th, 2011

Home remodeling activity increased 15% in April from one year earlier to the highest level recorded for this critical month, according to data provider BuildFax.

BuildFax maintains a database of building permit information. It recently partnered with Equifax (EFX: 39.2606 +0.00%) to combine property history with consumer history for clients. The company also creates a remodeling index using its database. The yearly gain in the index for April marks a year and a half of consecutive gains, a nice surprise for an economy thought to be slumping again.

"April traditionally sets a baseline for the rest of the year in residential remodeling activity, and April 2011 is the best we’ve seen since the beginning of the index in April 2004," said Joe Emison, vice president of research and development at BuildFax.

Servicers are adopting a new philosophy when managing the sale of previously foreclosed property, and have become more open to making repairs from installing new carpeting or even a new roof.

But Emison said most of the activity came from consumers and homeowners.

"Very little of the recent increases in residential remodeling are with resale in mind," Emison. "There is always some of that work going on, but it just doesn't make financial sense – generally speaking, today, you lose money if you spend on permitted improvements to try and increase the resale value."

Remodeling increased the most in the West, up 18% from a year earlier. But activity dropped 19% in the Midwest, the only region to experience a yearly or monthly drop in April.

Yearly gains totaled 11% in the South and 5% in the Northeast.

"Given the relatively pessimistic economic news that we heard about April, including a slowing recovery, this is a nice surprise for the industry," Emison said.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Wednesday, June 15th, 2011

Banking executives believe private capital will rebuild the mortgage finance market, but don't expect non-agency funding to flood the market anytime soon, according to panelists at Standard & Poor's recent "Housing Summit: Boom, Bust and Beyond."

One of the challenges to restarting the capital markets is the risk-retention rule, they said, which requires lenders hold at least 5% of any loan not designated as a qualified residential mortgage. The current proposed definition of a QRM is a loan where a borrower makes at least a 20% down payment and meets other underwriting guidelines.

"Risk retention is a healthy thing and might be absolutely vital for the return of private capital," Anthony "Tuck" Reed, senior vice president of Capital Markets, said at the S&P conference. "But it will require a lot more capital to get the private-label housing finance market back on track. The challenge is enormous, but it is manageable because we have the time and the tools to approach problems that will break the paralysis we are in today."

Erkan Erturk, senior director of structured finance at S&P, expects housing reform to "likely proceed at a slow pace."

"In the long run, the market for private-label RMBS could be much smaller," Erturk said. "But stricter underwriting guidelines could bring the focus to more prime products."

One panel at the S&P housing summit attempted to allay some concerns of industry players who fear the loss of 30-year, fixed-rate mortgages.

"While there will be some hybrid loan products on offer and higher rates will prevail, the 30-year, fixed-rate mortgage looks like it's here to stay," said Robert Partlow, senior vice president of the consumer bank portfolio for SunTrust Banks Inc. (STI: 20.41 -0.44%).

Write to Kerri Panchuk.

Wednesday, June 15th, 2011

Writing enough new business to derail the negative effects of additional operating losses could prove difficult for PMI Mortgage Insurance, an analyst for Standard & Poor's said Tuesday.

At the same time, S&P credit analyst Miles Kaschalk added PMI has a safety valve in place. He explained the company plans to counter contraction by expanding: PMI hopes to drum up new business through a new mortgage insurance unit.

"We believe that the new business written since second-half 2008 will be profitable and capital accretive," S&P analysts said." If PMI is unable to offer new business, the company's future earnings and statutory capital would be negatively affected."

Standard & Poor's lowered ratings on PMI and placed its parent company, PMI Group (PMI: 0.00 N/A), on negative credit watch, thereby maintaining its position that the private mortgage insurance business is facing headwinds.

The ratings agency shifted its outlook on PMI after the private mortgage insurer's first-quarter earnings fell "well below" S&P's forecast for the period.

As a result, analysts downgraded PMI Mortgage's counter-party credit and financial strength ratings to B-minus from B-plus and moved the credit and senior debt ratings of PMI Group to triple C-minus from triple C-plus.

S&P now expects PMI Mortgage Insurance to report wider losses throughout the rest of the year and through 2012, and analysts said PMI's future results and capital levels could be negatively impacted if the insurer fails to write enough new business.

The Walnut Creek, Calif.-based company reported a loss of $126.8 million, or 79 cents a share, for the three months ended March 31 compared to a loss of almost $157 million, or $1.90 a share, a year earlier.

"In addition, we expect that in second-quarter 2011 PMI will breach the regulatory thresholds for writing new business, which regulators of 16 states have put in place," Kaschalk said. "Although PMI has obtained waivers from some of these states (and is attempting to obtain waivers from the others) to continue writing business in the event of a breach, these waivers will have to be extended periodically if PMI doesn't return to compliance."

Write to Kerri Panchuk.

Wednesday, June 15th, 2011

Sal Marranca, chairman of the Independent Community Bankers of America, warned lawmakers this week of overburdening smaller banks with Wall Street reform.

Marranca told the Senate Banking Committee he backs a handful of new rules that would ease increased regulatory pressure.

"The pendulum has swung too far in the direction of over-regulation," Marranca said. "I’ve met with thousands of community bankers from every part of the country in recent years, and I can tell you there is an unmistakable trend toward arbitrary, micromanaged and unreasonably harsh examinations that are suffocating lending."

Federal Deposit Insurance Corp. Senior Deputy Director Christopher Spoth testified at the hearing, as well. The FDIC supervises more than 4,300 community banks, and Spoth warned these institutions still face lingering problems in their real estate loan portfolios.

"Asset quality is not deteriorating as before, but volumes of troubled assets and charge-offs remain high, especially in the most affected geographic areas," he said. "The FDIC supervisory responses are scaled according to the severity of the weaknesses that a bank may exhibit. Banks with significant loan problems require close supervisory attention."

Marranca, who is president and chief executive of Cattaraugus County Bank in western New York, supports three bills, each introduced by House Republicans.

The first, the Communities First Act or H.R. 1697, would raise the maximum number of shareholders a bank can have to 2,000 from 500 before being required to register with the Securities and Exchange Commission. The bill, sponsored by Rep. Blaine Luetkemeyer (R-Mo.), would also extend the five-year, net-operating-loss provision to help free up more capital at smaller banks.

Marranca also backed the Common Sense Economic Recovery Act, H.R. 1723, introduced by Rep. Bill Posey (R-Fla.) that would prevent regulators from assigning non-accrual status to performing loans.

He also supports legislation from Rep. Sean Duffy (R-Wis.) that would give more power to the Financial Stability Oversight Council when reviewing rules written by the yet-to-open Consumer Financial Protection Bureau.

Michael Foley, senior associate director for banking supervision at the Federal Reserve, testified at the hearing that as liquidity began to disappear at these smaller banks during the crisis, the Fed adjusted its focus to making sure these firms had contingency funding plans.

Foley said since the crisis, the central bank looked at the smaller financial institutions that survived and found they had well-diversified loan portfolios and limited reliance on "noncore funding." The Fed established outreach efforts with community banks and a special supervision committee to oversee the smaller firms.

"While the crisis has made it clear that some tightening of supervisory expectations was needed, we are also mindful of the risks that excessive tightening could have on banks' willingness to lend to creditworthy small businesses and consumers," Foley said.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Wednesday, June 15th, 2011

HousingWire spoke with Cade Holleman, a representative for the National Association of Women REO Brokerages, earlier this week.

Holleman discusses some of the looming questions in the market following the sweeping reforms of Dodd-Frank, and he attempted to allay broker concerns about the current lack of movement in bank inventory in the new regulatory environment.

View the full interview below.

Wednesday, June 15th, 2011

Fannie Mae is bringing new, two-year benchmark notes to market this week. The issue size has yet to be announced, but the notes mature Aug. 9, 2013.

The transaction is being lead by Barclays Capital (BCS: 13.99 +0.43%), Credit Suisse (CS: 26.65 -0.22%) and UBS Securities (UBS: 14.01 +0.21%).

Reuters reported the notes are expected to yield 15.5 basis points higher than comparable Treasurys.

Co-managers include Blaylock Robert Van, BNP Paribas Securities Corp., Deutsche Bank Securities (DB: 44.13 +1.68%), FTN Financial Capital Markets, Goldman Sachs (GS: 109.92 +1.25%), and Williams Capital Group.

Fannie Mae and Freddie Mac hav been in conservatorship since the fall of 2008. Today, both companies remain a drain on federal resources, according to a recent report from the Federal Housing Finance Agency.

In its third annual letter to Congress, the regulator said stronger loan underwriting standards helped the companies reduce their losses in 2010 to $28 billion from $93.6 billion a year earlier.

Write to Kerri Panchuk.

Wednesday, June 15th, 2011

The CRE Finance Council named Jack Cohen president.

He is chief executive of his own Chicago-based real estate capital services company, Cohen Financial, which originates commercial real estate debt and equity transactions. He replaces Lisa Pendergast, who was president of the trade association for the past year. Pendergast is managing director of commercial mortgage-backed securities and risk at Jefferies Group Inc. (JEF: 16.21 +0.06%).

"What makes CRE Finance Council exceptional is its member-driven culture and my goal is to work with our leadership to help make commercial real estate prosperous and vibrant again," Cohen said.

In early April, the CREFC tapped Stephen Renna to serve as chief executive officer. He welcomed Cohen's appointment.

"As the commercial real estate finance markets rebound and as policymakers in Washington implement regulations directly affecting our industry, Jack’s leadership will be instrumental in charting our course,” Renna said.

The organization also named Paul Vanderslice president-elect, while appointing its executive committee and new board of governors at its annual meeting held this week. Vanderslice is managing director at Citigroup (C: 30.45 +0.23%) Capital Markets.

Write to Jason Philyaw.



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