Archive for June, 2011
Lawmakers should get rid of Dodd-Frank rules that discriminate against community banks and find a way for smaller banks to gain traction in the secondary mortgage market, said Edward Pinto, a resident fellow at the American Enterprise Institute for Public Policy Research in a report to the U.S. Senate Banking Committee.
In his prepared testimony, Pinto told lawmakers the government-sponsored enterprises chased community banks out of the secondary mortgage market by offering better guarantees to lending institutions that delivered higher volumes. Adding insult to injury, Pinto claims community banks were subjected to higher fees even though those institutions had a history of issuing higher quality loans when compared to the industry's larger banks.
"This denied community financial institutions fair and equal access to the secondary market, disadvantaged them economically, and in many cases resulted in their handing over their best customers to their large bank competitors," Pinto wrote.
Instead of subjecting community banks to Dodd-Frank's qualified residential mortgage and qualified mortgage statutory provisions, Pinto believes it would be best to create a standard definition of what constitutes a prime loan. Any securitized loan not meeting this standard would be considered nonprime.
Pinto believes Dodd-Frank's current construction turns the big banks into the new GSEs since they are among the few institutions that will be able to afford the influx of new rules and regulations, thereby increasing their play in the secondary mortgage markets.
To ensure community banks have a role in the secondary market, Pinto argues for a joint structure that could be created by the Independent Community Bankers of America or its membership to aggregate the mortgages originated at the smaller banks. This bank service entity would then prepare the mortgage-backed securities for sale through underwriters or institutional buyers, Pinto said.
Write to: Kerri Panchuk.
Tags: AEI, American Enterprise Institute, community banks, Dodd-Frank, Ed Pinto, Fannie Mae, freddie mac, Independent Community Bankers of America, MBS, mortgage, mortgage-backed securities, QRM, qualified residential mortgage, secondary mortgage market
Posted in Secondary Market/Investors, Top Stories | 2 Comments »
The average price of a single-family home rose for the first time in eight months in April and is now back at levels last seen in the summer of 2003, according to the Standard & Poor's/Case-Shiller index.
The S&P/Case-Shiller 10-city composite index increased 0.8% in April from the prior month and the 20-city index inched up 0.7%. Both indices remain lower than a year ago, with the 10-city down 3.1% and the 20-city composite 4% lower than April 2010.
"In a welcome shift from recent months, this month is better than last — April's numbers beat March," according to David Blitzer, chairman of the index committee. "However, the seasonally adjusted numbers show that much of the improvement reflects the beginning of the spring-summer home buying season. It is much too early to tell if this is a turning point or simply due to some warmer weather."
After peaking in the summer of 2006, the S&P/Case-Shiller home prices indices are down 32.6% for the 10-city and 32.8% for the broader composite through April. From the trough seen in April 2009, the 10-city index is up 1.4% and the 20-city is up a scant 0.7%, according to S&P.
Lower priced homes sold less well than the middle and higher priced homes in April, Blitzer said on CNBC Tuesday morning. He said the seasonally adjusted numbers indicate some of the monthly increase is attributable "to the season, but not all of it."
"Other housing statistics show the same trends," Blitzer said. "Single-family housing starts were up in May, but still well below their 2010 levels and still very close to their 30-year low. Existing home sales rose in May, but are still about 15% below last year’s pace and about 35% below their 2005 pace."
He said foreclosures continue to dominate the market in many areas of the country, yet the pace of defaults has cooled since November. Blitzer also said tightened lending standards hinder home sales as mortgages are harder to get despite historically low interest rates.
For the first quarter, the S&P/Case-Shiller fell 4.2% after after declining 3.6% in the final three months of 2010. The first-quarter drop was the most acute since prices began falling several years ago.
In April, home prices in 19 of the 20 metropolitan areas tracked are down from a year earlier, with only Washington show gains at 4% growth. S&P said home prices in 13 markets increased in April from March, yet 16 markets "saw their annual rates of change fall deeper into negative territory."
Write to Jason Philyaw.
Tags: foreclosures, HPI, mortages, Standard & Poor's/Case-Shiller
Posted in Secondary Market/Investors, Slider, Top Stories | 8 Comments »
The U.S. government bond market is facing a crisis, with an Aug. 2 deadline looming to reach an agreement on the nation's debt ceiling.
A research arm of Standard & Poor's warns the United States is facing a downgrade of its triple-A status if a compromise isn't met. Meanwhile global investors are being warned of the associated event-risk of losses.
For its part, the S&P Valuations and Risk Strategies group estimates losses due to a downgrade could reach $100 billion.
"Any downgrade would result in an increase in interest rates," according to analysts from S&P.
"If Standard & Poor's lowered the rating to 'double-A', it would imply an increase of around 23.2 bps, and a highly unlikely drop to 'A' would imply an increase of perhaps 37.5 bps. Of course, this is just a rough estimate, and actual rate changes could be larger or smaller," analysts said. "Although the possible interest changes appear moderate, across the spectrum of U.S. Treasuries with maturities of two years and longer with over $4 trillion currently outstanding, the total loss to investors could easily range from $50 to $100 billion."
As a result, sovereign debt commentators at French investment bank Société Générale are naming U.S. government bonds as one of three asset classes to largely avoid over the summer months.
They say America appears to be struggling to get a hold on its sovereign debt. The SocGen analysts predict the debt ceiling will be breached and are anticipating a rise in the interest rate. This will likely add costs to service outstanding bonds. What's more, there seems to be little else to be positive about.
"With QE2 ending in a couple of days, the debt ceiling debate raging, no end in sight to Europe’s sovereign debt crisis, and an economic slowdown for the U.S.’s main trading partner China, the macro environment now seems rather unappealing," the SocGen analysts state. "At current yield levels, who is going to buy U.S. bonds at the end of QE2?"
S&P agrees that the inability of lawmakers in Washington to reach an agreement, despite the pending risks, does not inspire confidence in the debt markets.
"In conclusion, the U.S. government clearly needs to get its finances in order to prevent harming bondholders and to preserve its ability to borrow at low cost in the future," S&P states.
Write to Jacob Gaffney.
Follow him on Twitter @jacobgaffney.
Tags: debt ceiling, QE2, Société Générale, Standard & Poor's
Posted in Secondary Market/Investors, Top Stories | No Comments »
Analysts at both Bank of America Merrill Lynch and Capital Economics forecast another 3% fall for house prices before they reach a bottom at the end of the year.
While homes on the lower-tier price range will get there faster and at a much harder fall, a housing recovery is in sight, analysts said.
Tiers are based on the Standard & Poor's/Case-Shiller index and are determined by the prices of the homes sold that month. The price splits occur where an equal number of homes can be placed in each tier.
From January 2000 to the peak in 2007, prices in the lower tier increased 150%, according to Capital Economics. These lower-priced homes accelerated faster than the 120% gain for middle-tier house prices and the 95% increase in the most expensive neighborhoods.
But since that peak, house prices in the least expensive areas dropped 45% and are still falling faster than anywhere else.
Paul Dales, senior U.S. economist for Capital Economics, said there are no signs credit criteria for first-time homebuyers is loosening and the foreclosure rate on subprime loans, 14.7%, far outpaces the 3.5% foreclosure rate on prime loans.
"The much faster rises in the low tier were largely due to the increased availability of sub-prime loans, the reduction in down payment requirements and the introduction of teaser mortgages attracting more first-buyer buyers, who are more active at the low end," Dales said.
BofAML analysts said house prices will move slightly higher in the months ahead because of the more heated home-buying season. Anthony Sanders, real estate finance professor at George Mason University, predicted the S&P/Case-Shiller report due Tuesday will only show another decline.
Still, BofAML analysts said prices should head down again to a bottom in late 2011 or early 2012, 3% below the level in the first quarter of this year.
Dales added that 3% fall will be hardest felt at the low end of the market.
The one-year growth rate for home price indices, or the HPA, is a different story, according to BofAML analysts. They believe the HPA, or the rate at which home prices are growing or falling, bottomed in March, will stay in negative territory until the end of 2012 and then begin "a long and sustained period in positive territory."
As the HPA rose steadily in the early 2000s through 2005 the difference between the asking price and selling price on the lower-rated subprime mortgage-backed securities tightened. But when the HPA turned down, prices collapsed and eventually reached the triple-A rated ABX market for these structured products.
"Given our belief that HPA has bottomed, we believe that this represents the bottom for ABX prices in this double dip," BofAML analysts said. "Given the widespread bearishness on home prices, this upbeat view on HPA, and by extension home prices, generated numerous conversations and discussions over the past week: disbelief of a nascent housing recovery remains highly elevated."
Write to Jon Prior.
Follow him on Twitter @JonAPrior.
Tags: ABX, Bank of America, Capital Economics, house prices, index, Merrill Lynch, S&P/Case-Shiller, subprime, triple-A
Posted in Origination/Lending, Slider, Top Stories | 3 Comments »
The Consumer Financial Protection Bureau is asking the mortgage finance industry to comment on a second set of prototype mortgage disclosure forms.
The forms are part of the CFPB's plan to design and reveal sample mortgages, with the aim of rolling the forms into the marketplace to simplify home loan documents for homebuyers.
To date, the CFPB has received 13,000 comments from consumers and industry representatives who took the opportunity to review the first two mortgage forms, concerning the origination of a 30-year adjustable rate mortgage, featured here and here.
On Monday, the CFPB rolled out two additional prototypes, this time concerning adjustable-rate mortgages (here and here) for public viewing after making minor tweaks to the pages.
In a statement, the CFPB said in the first set, the back page is the same on both versions, while the front 'shopping sheet' is different. In the second set revealed today, the first page is the same on both forms, while the back page containing information on closing costs is now the central focus.
All of the prototype forms combine the federal Truth in Lending Act mortgage disclosure form with the Real Estate Settlement Procedures Act to remove redundant information and to provide customers with information that is more clear and concise.
Write to: Kerri Panchuk.
Tags: CFPB, Consumer Financial Protection Bureau, mortgage disclosure forms, mortgages
Posted in Servicing/Default, Top Stories | 2 Comments »
Outgoing Kansas City Federal Reserve Bank President Thomas Hoenig railed against SIFIs, or systemically important financial institutions, calling them "fundamentally inconsistent with capitalism."
Hoenig made that statement at an event hosted by the Pew Financial Reform Project and the New York University Stern School of Business.
SIFIs have been in the headlines since 2008, becoming the banking sector's central players, and the ones now facing pressure to beef up capital requirements to protect the international financial system.
The emergence of SIFIs after the financial crisis even prompted the Basel Committee on Banking Supervision to announce that it will require globally significant banks to enhance their capital requirements to safeguard the international economy.
The committee said in a report over the weekend that large bank "loss absorbency requirements are to be met with a progressive common equity tier 1 capital requirement ranging from 1% to 2.5%, depending on the bank's importance to the system."
A year after the passage of Dodd-Frank, Hoenig said the legislation mainly revolves around SIFIs, essentially creating a banking system that plods forward under the dominance of a few large players, while the competitive forces of capitalism are drained from the sector.
"So long as the concept of a SIFI exists, and there are institutions so powerful and considered so important that they require special support and different rules, the future of capitalism is at risk and our market economy is in peril," Hoenig said in his prepared statements.
Hoenig's speech, which is peppered with numerous criticisms of the SIFIs, arrives four months before his retirement from the Fed. Hoenig places a clear disclaimer on his speech, saying the views expressed are his and not necessarily reflective of the Fed at large.
In the past year, Hoenig has been a voice of dissent at the Fed, arguing against the idea of aggressive accomodative policy stance, including the Fed's QE2 Treasury-bond buying spree, which ends this month.
He told a crowd Monday,"To more fundamentally address this issue, we must go beyond today’s Dodd-Frank. We must confine the use of the safety net to its original intent. We must reduce the artificial complexity of existing financial structures."
Hoenig describes the emergence of the SIFI as a type of moral hazard where the nation is now dominated by the very banks that took the big risks leading up to the recession. He also cited the repeal of Glass-Steagall in the 90s as one of the moments that led to the crisis since it gave "high-risk firms almost unlimited access to funds generated through their new access to the safety net." That safety net being a type of government mandate that eventually found the institutions too-big-to-fail, making the institutions creditors' unaccountable for any of the risks.
Hoenig said in the late 1980s, the five largest banks held only 29% of total banking organization assets and 14% of GDP, now the five largest players control over half of the industry's assets and 60% of GDP.
Write to: Kerri Panchuk.
Tags: Basel Committee on Banking Supervision, Dodd-Frank, Kansas City Federal Reserve Bank, New York University Stern School of Business, Pew Financial Reform Project, Thomas Hoenig
Posted in Secondary Market/Investors, Top Stories | 1 Comment »
Cleanup from the nation's worst housing crisis since the Great Depression continues with Carlton Advisory Services receiving an order to sell $13 million worth of nonperforming and performing loans as well as REO assets.
New York-based Carlton is looking for investors to acquire the portfolio which is backed by residential properties in 23 states, with 42% of the assets located in California and 24% in Florida. Both states were hit hard by the foreclosure crisis, with many properties going into a distressed state in the past three years.
The seller in the deal was not identified by Carlton Advisory Services.
The portfolio is being offered in bulk, with bids due on July 15.
Carlton's efforts come at a time when the nation's shadow inventory still stands at 1.7 million residential units, according to the latest report from CoreLogic (CLGX: 14.54 +0.48%).
Even though the shadow inventory has fallen by one-fifth since reaching its peak in early 2010, CoreLogic estimates it will take another several years to completely move the inventory through the pipeline.
Write to: Kerri Panchuk.
Tags: California, Carlton Advisory Services, Florida, foreclosure, nonperforming loans, REO, REO assets
Posted in Secondary Market/Investors, Top Stories | No Comments »
A Florida appellate court denied a request from the American Civil Liberties Union to keep a property seizure case out of an accelerated foreclosure system, known as the "rocket docket."
If the court had ruled for the ACLU, the precedent could have paved the way for more foreclosure cases to be pulled off the rocket docket, which is set to end Thursday anyway.
To solve a backlog of 40,000 civil and foreclosure cases, the Florida Supreme Court ordered the lower court to establish a system to work through the growing backlog of foreclosure cases last July. According to the high court order, foreclosures could only spend 12 months in the system from "filing to final disposition."
Five counties Lee, Collier, Charlotte, Hendry and Glades adopted the system.
But in April, the ACLU filed a petition against the court on behalf of George Merrigan and his foreclosure case from the Bank of New York Mellon (BK: 20.085 +0.42%). In the filing, foreclosure defense attorneys claimed judges ignored state-mandated rules, spent only a few minutes per case, and denied a delinquent homeowner a say in court.
The circuit responded in June, asserting the Florida Supreme Court set up the system in the first place to solve a problem detrimental to local housing markets, some of the hardest hit by the financial crisis. Chief Judge Keith Cary defended denying delinquent borrowers a say in court. After it is established they were behind on payments to the point of foreclosure, the only issue to settle is the amount of judgment, Cary argued.
The funding for the "rocket docket" will run out in June, ending the initiative. Representatives from the circuit said funding was never meant to be renewed. Four of the five counties met or came close to their objective of reducing the backlog by 62% in one year.
"With last year’s funding for these special foreclosure dockets running out, the approach going forward must be one that gives priority to ensuring a fair judicial proceeding and protecting the rights of those facing foreclosure and the loss of their home," said Larry Schwartztol, staff attorney for the ACLU. "Any shortcuts that have been undertaken by the courts in Lee County and elsewhere in Florida need to come to an end."
The 20th Judicial Circuit did not immediately reply to a request for comment.
Write to Jon Prior.
Follow him on Twitter @JonAPrior.
Tags: 20th Judicial Circuit, ACLU, Bank of New York Mellon, foreclosure, Lee County, Rocket Docket
Posted in Servicing/Default, Slider, Top Stories | No Comments »
Federal Reserve Bank of Minneapolis President Narayana Kocherlakota suggested replacing the mortgage interest tax deduction with a tax credit to help homeowners with a down payment.
When President Obama released his 2012 budget, the deduction considered a "sacred cow" to homeowners and many trade groups became endangered.
Lawmakers continue to hunt for revenue generators as part of the ongoing negotiations on the federal debt limit. Analysts at Washington think tank MFGlobal said in a recent note that cuts to the mortgage interest tax deduction are more likely to become part of the debate. The congressional Joint Committee on Taxation estimated in March the deduction would cost the government $484 billion from 2010 to 2014.
Kocherlakota said the deduction encourages homeowners further into debt and, thus, undercuts financial stability in light of the financial crisis.
Interest on a mortgage taken out to buy or improve a home can be fully deducted if the amount of the loan is less than $1 million for married couples and $500,000 for singles. The deduction for home equity loans taken out for anything else is limited to $100,000 for couples and $50,000 for singles.
While more than one-third of U.S. tax returns itemize deductions, 60% of households making more than $50,000 itemize. That increases to more than 75% of households making more than $75,000.
Kocherlakota urged policymakers to consider lowering the mortgage interest these taxpayer's could deduct and replace it with a tax credit that offsets part of the a buyer's down payment.
"Such a tax credit would encourage homeownership without simultaneously providing more incentives for households to accumulate more debt," Kocherlakota said.
Tim Rood, partner at financial advisory firm The Collingwood Group, disagreed with the claim.
"I struggle with the argument that the solution to risks from heavily indebted consumers would be to raise the cost to service their debts," Rood said. "The 1982 tax reform that phased out interest deductions on things like auto loans and credit cards certainly didn't lead to a reduction in credit card usage or the size and frequency of car loans. Quite the contrary."
Kocherlakota did warn policymakers of the eventual timing of such a move, given the current economic conditions. In late March, Rep. Barney Frank (D-Mass.) told a House subcommittee the deduction "is going nowhere." Kocherlakota said he wants lawmakers to weigh the benefits and the costs of the deduction, rather than the politics that will inevitably dominate the conversation.
"I would also encourage policymakers in the tax arena to ask broader questions about the mortgage interest and corporate interest tax deductions," Kocherlakota said. "What are the social benefits associated with these deductions? Can these social benefits be achieved using an approach that does not undercut the stability of the financial system?"
Write to Jon Prior.
Follow him on Twitter @JonAPrior.
Tags: budget, federal debt limit, Joint Committee on Taxation, Kocherlakota, MFGlobal, Minnesota Federal Reserve, mortgage interest tax deduction, obama, tax credit, thinktank, Washington
Posted in Origination/Lending, Top Stories | 1 Comment »
Freddie Mac Chief Economist Frank Nothaft said the overall economy should begin to accelerate in the second half of 2011 with an improved housing market close behind.
Nothaft said with the continued support of the Federal Reserve, monthly job gains will continue, bringing the unemployment rate toward 8.6% by the fourth quarter, according to his blog post Monday. Mortgage rates, he said, should remain between 4.5% and 5% over the rest of the year and recent price drops pushed affordability even higher.
Economic indicators sagged this spring. Unemployment inched up to 9.1% in May. Consumer confidence hit a six-month low and existing home sales plummeted 15.3% that same month. Confidence among small businesses and homebuilders lingers at historically low levels.
Nothaft said consumers uncertain about the overall economy are holding back on purchasing "big-ticket items" such as homes.
"Some potential buyers who have the means to buy are awaiting clearer signs that home values have firmed," Nothaft said.
When that occurs remains in question. The Standard & Poor's/Case-Shiller Home Price Index officially double-dipped this spring. Research from Altos Research said values should bounce up and down for an extended period of time. And Capital Economics analysts said a lack of demand should keep prices from a consistent rise until 2014.
But Nothaft said the rental sector is a lone bright sign in today's housing market. The National Multi Housing Council reported new debt and equity financing became more available. Vacancy rates on buildings with at least five apartments dropped over the past year and monthly rents rose.
"Even though near-term concerns over income and sales growth are restraining consumer spending, business hiring, and new building, a number of positive signs in the economy indicate that growth will continue and is likely to accelerate in the second half of this year," Nothaft said.
Anthony Sanders, a professor of real estate finance at George Mason University, said with tumultuous changes coming to the housing market such as tightened purchasing standards and heightened guarantee fees at Fannie Mae and Freddie Mac, the future for housing remains cloudy.
"Mortgage rates are very low. House price declines are slowing in many areas of the country and level if not increasing in others. Mortgage delinquencies have slowed down," Sanders said. "But the economy is in a 'soft patch' and it is unclear how long that will last."
Nothaft remains optimistic, pointing to the encouraging signs in the rental market and noting home sales remain above last year's pace when tax credits first began to dry up.
"Look for a gradual improvement in housing activity in the coming year," Nothaft said.
Write to Jon Prior.
Follow him on Twitter @JonAPrior.
Tags: Altos Research, Capital Economics, Federa Reserve, foreclosure, freddie mac, housing, mortgage, Nothaft, rates, rental, S&P/Case-Shiller, vacancy
Posted in Origination/Lending, Top Stories | 18 Comments »












