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Archive for June, 2011

Monday, June 27th, 2011

One of every 10 New York City mortgages were 90 days delinquent or in foreclosure as of the end of the first quarter, according to a study released by the New York Federal Reserve.

The NY Fed studied data on roughly 483,000 mortgages. The ratio of seriously delinquent loans did vary by borough. In Manhattan for instance, one in 50 mortgages were in serious delinquency. But in Brooklyn and the Bronx, one in eight loans fell into serious trouble.

New York, a judicial foreclosure state, experienced a backlog of roughly 80,000 foreclosure cases. Each property a bank repossessed in March spent an average 900 days in the system. An October rule change for banking attorneys kept the caseload from ballooning to as high as 100,000 by the end of the summer. By March, though, with the rule in place for about six months, the courts whittled the backlog down to 74,000.

The shadow inventory in the state of New York — properties with mortgage borrowers more than 90 days delinquent — will take around 154 months to clear, according to Standard & Poor's.

The NY Fed study showed more work to come. Half of the serious delinquent loans in New York City have not reached the foreclosure process yet even though the amount of mortgages entering foreclosure continued to rise. Nearly 29,000 mortgages hit the court system in the first quarter, representing 6% of all home loans in the city.

That's more than double the percentage in 2009. (Click on chart to expand.)

The study did show some signs of improvement. The percentage of mortgages in 90-day delinquency dropped to a 3.8% share of all active home loans from 5.4% in February 2010.

The amount of mortgages sliding into serious delinquency also slowed from one year ago. In the first quarter, roughly 0.4% of all mortgages in the city fell into 90-day delinquency, down nearly 30 basis points from one year ago.

Home values, too, increased nearly 5% from one year ago in Manhattan and Brooklyn. Values remained flat on Staten Island and dipped roughly 5% for Queens and the Bronx.

"Mortgage delinquencies and foreclosures remain a serious concern for our region,” said Kausar Hamdani, head of regional and community Outreach at the NY Fed.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Monday, June 27th, 2011

Americans who rented out properties gained $3.3 billion in total income from that endeavor during the month of May, up from $2.9 billion in April, according to the U.S. Bureau of Economic Analysis.

The BEA's latest report suggests predictions of a more rental-focused housing market are coming true.

Earlier this year, John Burns Real Estate Consulting sounded the horn on the rental trend, saying he believes demand in top markets is going to grow dramatically, with some cities experiencing 25% growth over the course of the next three years. Burns said the likely renters are young adults who are living at home or with a friend to save money. When they're ready to move on, he estimates there will be about 3.4 million units of pent-up demand for rental housing. A recent survey by credit bureau Transunion concluded that 47% of all property managers reported an increase in renters moving to apartments after experiencing a foreclosure.

The same BEA report said personal income in May increased $36.2 billion, or 0.3%, from April.

Meanwhile, wages and salaries increased $14.1 billion last month, but at a slower clip when considering disbursements in the same category grew $26.4 billion a month earlier.

Write to: Kerri Panchuk.

Monday, June 27th, 2011

Tom and Patrice Sherhag's foreclosure began with a missed quarterly HOA payment of $75 in October.

The assessment due to the Palmetto Pines Homeowners Association in unincorporated Boca Raton grew to $318 by the end of November, a charge that by then included a $25 late fee, a $35 "processing fee," 18 percent interest and $175 in attorneys' fees.

In January, the association filed a lien for the original $75 on the Sherhags' home and despite subsequent checks written for hundreds of dollars, snowballing court and attorneys costs have since upped the final bill to an estimated $4,605.

The actual debt owed the association: $80.25.

Monday, June 27th, 2011

Starwood Property Trust (STWD: 19.59 -0.31%) invested just shy of $769 million in 21 separate commercial real estate transactions in the second quarter, boosting its loan portfolio to more than $2.4 billion, as the firm increases its focus on CRE originations.

The Greenwich, Conn.-based real estate investment trust highlighted a $175 million first mortgage for the International Home Furnishing Center in High Point, N.C. The loan covers a 2.6 million-square-foot furniture showroom acquired by a joint venture between Bain Capital Partners and funds managed by Oaktree Capital Management. The loan matures in 2016 with Starwood's expected return projected to exceed 12%.

In addition, Starwood originated a $71.5 million mezzanine loan secured by a portfolio of 45 properties in Germany that are leased to Metro Cash & Carry, a subsidiary of German retail company Metro Group.

Starwood Chairman and CEO Barry Sternlicht said the company's "pipeline of opportunities remains robust" and the quality of transactions "will create long-term value for shareholders."

"I am pleased that the company has added an additional European market loan and continues to creatively source off-market transactions," Sternlicht said.

Write to: Kerri Panchuk.

Monday, June 27th, 2011

Investors may fret rising interest rates when the government tightens its monetary policies, but Standard & Poor's said higher rates should help the nation's banks.

"Financial institutions are exposed to interest-rate risk because of mismatches in the maturity structure and re-pricing terms of their assets and liabilities," S&P said.

"Despite marketplace concerns, we believe interest-rate risk is unlikely to be a problem for most of the U.S. financial institutions we rate, including commercial banks, asset managers and money markets," S&P credit analyst Rodrigo Quintanilla said. He also said the added benefits of increasing rates depends on the speed of the recovery and the strength of the overall economy.

The Federal Open Market Committee voted last week to keep the federal funds rate near zero, citing an economic recovery that is slower than officials expected due to a sagging housing market. While long-term inflation estimates remain stable, the FOMC said the economy is experiencing some inflation tied to higher commodities and import prices.

Write to Kerri Panchuk.

Monday, June 27th, 2011

In the past six months, an eerie feeling has settled in the offices of housing counselors and attorneys who confront the foreclosure crisis head-on and help distressed homeowners in New Jersey. The phone hasn’t been ringing any less than it did at the height of the storm, but what is about to hit may be greater than anything the group has seen so far.

Foreclosure filings are down 86 percent so far this year from last, owing in part to a December crackdown by the state’s chief justice that effectively halted proceedings by the country’s biggest mortgage lenders and service companies, according to court data. But lenders are waiting to file an estimated 28,500 foreclosures, and another 55,000 mortgage loans are currently more than 90 days delinquent, according to LPS Applied Analytics, a real estate data firm that tracks mortgage performance.

At the current rate, it would take 49 years for banks to clear the logjam of mortgage loans that are currently in the foreclosure process or are more than 90 days delinquent, LPS found.

Monday, June 27th, 2011

A look at stories across HousingWire's weekend desk, with more coverage to come on bigger issues:

The Federal Open Market Committee view on the economy "does not bode well for further asset purchases by the Fed absent a significant weakening of the economy or lowering of growth forecasts," analysts at Barclays Capital said. Last week, the FOMC projected growth in the coming quarters, but lowered its overall growth projections.

In its follow-up report, Barclays Capital said it favored agency MBS and high-loss adjusted yields in the non-agency sector, concluding "credit products in general continue to come under pressure from the threat of asset sales due to macro developments."

Globally significant banks will be subjected to even greater capital requirements, the Basel Committee on Banking Supervision declared over the weekend.

The committee, which is overseeing the parameters of the Basel III mandates that will govern the capital safeguards required of certain international banks, said these large banks' "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."

On Saturday, the committee's governors and heads of supervision agreed to set out those standards to "reduce the moral hazard posed by global systemically important financial institutions," the Basel Committee said in its report. The enhanced requirements will be introduced between January 2016 and 2018 and will take effect on Jan. 1, 2019.

Bondholders who accused JPMorgan Chase (JPM: 37.28 -0.56%) of pressuring the Federal Deposit Insurance Corp. into seizing Washington Mutual Bank for the purpose of benefiting JPMorgan in a fire sale of top WaMu assets back in 2008 won an appeal to revive their case

In the original suit, American National Insurance (ANAT: 72.52 +0.57%), American National Property and Casualty, Farm Family Life Insurance and National Western Life Insurance filed a lawsuit claiming JPMorgan pressured the federal government into seizing WaMu to sell its assets without the accompanying liabilities, creating a negative impact on bondholders. Initially, a federal court dismissed the case for lack of jurisdiction, but a judge at the U.S. Court of Appeals for the District of Columbia Circuit Court disagreed and overturned the dismissal, sending the case back to district court.

Federal Capital Partners is experiencing some success with the Washington-based Allegro Apartments complex it acquired out of foreclosure in 2009. FCP said it secured refinancing on the property's loan from Aareal Capital in the amount of $80.5 million.

Steve Walsh, senior vice president at FCP Capital Markets, described the formerly distressed property as  a "well-constructed, well-conceived luxury apartment community in one of D.C.'s hottest urban submarkets."

Georgia banking officials and the FDIC closed Mountain Heritage Bank in Clayton, Ga., on Friday. All deposits, with the exception of brokered deposits, were moved to American Bank and Trust in Athens, Ga. Former Mountain Heritage Bank branches will now operate as First American Bank and Trust.

Write to: Kerri Panchuk.

Friday, June 24th, 2011

The Mortgage Bankers Association proposed a new servicing fee structure that would set aside the cash needed to treat nonperforming loans.

The Federal Housing Finance Agency, Ginnie Mae and the government-sponsored enterprises began considering a new mortgage servicing fee structure in January. As delinquent loans mounted after the subprime meltdown and the foreclosure pipeline jammed, the existing fee structure could no longer fund the extra work needed.

The current model provides a minimum servicing fee of 25 basis points with an assumed guarantee fee of 20 bps and a 5 bps servicing fee the servicer can cash out or hold as a mortgage servicing right. In February, the FHFA released four options under consideration to replace the old system.

One structure allows for the servicer to take an unguaranteed interest in the both the principal and interest in lieu of being paid a fee based on the interest strip.

The other three models assume minimum servicing fees of 12.5 bps, 3 bps and no minimum servicing fee, which the FHFA dropped as an option, according to the MBA. See graph below for details.

Each structure proposed pays servicers based on performing loans with additional fees for nonperforming ones. The agency would pay servicers a flat dollar amount per month based upon which stage in delinquency the loan was in.

But the MBA said the proposals currently under consideration include an increase in the guarantee fees the servicer pays the guarantor. This would cover the separate fee the servicer gets for treating nonperforming mortgages. However, the MBA said under the current proposals, the g-fee would be greater than the actual cost to the agencies.

"Thus, MBA’s members fear that the Ginnie Mae, Fannie Mae and Freddie Mac may realize a windfall profit at the expense of servicers," the trade group said. "MBA believes another option is worth considering."

The MBA proposal would establish a cash reserve to be used for the future servicing fees of nonperforming loans. On a 5% mortgage, a 5 bps strip of the interest rate would be used to fund the account.

If one of the agencies move the servicing rights to another firm, the funds would transfer, too.

"Although not a panacea, this structure could result in realizing the Guarantors’ stated objectives, while addressing major concerns MBA’s members have with respect to the proposals discussed so far," the MBA said in a letter to the agencies.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Friday, June 24th, 2011

Freddie Mac settled with bankrupt mortgage lender Taylor, Bean & Whitaker but will see only a fraction of what it sought, according to a Securities and Exchange Commission filing this week.

TBW, once the 12th largest mortgage lender in the U.S., originated, serviced and sold pools of mortgages to Freddie Mac. It relied on financing vehicles from Colonial Bank and Ocala Funding.

But in 2002, then TBW Chairman Lee Farkas organized a scheme to defraud investors, regulators and Freddie by covering up holes in its financing for the loans.

To do this, Farkas and a group of six other co-conspirators at Colonial and Ocala sold phantom mortgages that were either packed into other securities, already foreclosed on or didn't exist. TBW, Colonial and Ocala all eventually closed in 2009. Farkas faces a possible life sentence after being convicted in April.

According to the SEC filing, the proposed settlement amounts to roughly $1 billion but would only pay out $45 million to Freddie.

"This estimate is based on the plan of liquidation and disclosure statement filed with the court by TBW, which indicates that general unsecured creditors are likely to receive a distribution of 3.3 to 4.4 cents on the dollar," according to the filing.

Freddie did say it would be entitled to roughly $203 million on deposit in certain TBW bank accounts relating to its mortgages. It already received $150 million of it from the Federal Deposit Insurance Corp. as part of the Colonial Bank failure.

As part of the settlement, Freddie will also be able to sell TBW mortgage servicing rights, subject to a $185 million minimum net sales price. Some of the proceeds will go to other parties with interests in the MSRs.

But the settlement also requires Freddie to pay $61 million to TBW creditors to satisfy their "potential claims" against the government-sponsored enterprise.

Freddie estimates its uncompensated loss exposure to TBW to be roughly $690 million, and the ultimate losses could exceed this amount. Most of the exposure stems from outstanding repurchase claims, which Freddie already adjusted for in its financial statements.

"If the settlement is approved by the court, we will recognize the difference between amounts we would pay to TBW and other creditors and the liability recorded on our balance sheet as a gain," Freddie said.

Freddie expects this gain to come in at less than $250 million.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Friday, June 24th, 2011

AG Mortgage Investment Trust Inc. still expects its initial public offering to price at $20 a share, but the company won't reap nearly as many proceeds as previously projected after slashing the number of shares it offers.

The recently formed real estate investment trust managed by Angelo Gordon & Co. will offer 3.8 million shares and raise about $75 million.

In April, the REIT filed with the Securities and Exchange Commission, lowering its IPO projections to 12.5 million shares at $20 each for proceeds of nearly $250 million. Those lowered estimates were down from initial plans to offer 20 million shares for $15 each.

AG Mortgage Investment Trust expects to bring the deal to market Wednesday, according to multiple sources, and will trade on the New York Stock Exchange under the symbol MITT. Deutsche Bank Securities (DB: 44.13 +1.68%), Stifel Nicolaus Weisel (SF: 36.76 +1.94%), and RBC Capital Markets are lead underwriters for the initial public offering.

The REIT will use proceeds to acquire mortgage-backed securities, including those  guaranteed by Ginnie Mae and acquired by Freddie Mac and Fannie Mae.

Investment bank Keefe, Bruyette & Woods said in early April that many REITs have "reasonably levered balance sheets" and are "poised to increase ownership of U.S. institutional commercial real estate" beyond the sector's current 11% to 13% stake.

"The cost and access to capital pendulum has swung in REITs' favor, so gaining market share at various levels continues to be a key theme for 2011 and over the next several years," KBW analysts said this spring.

Write to Jason Philyaw.



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