RSS Twitter

Archive for June, 2011

Friday, June 24th, 2011

Real gross domestic product grew at an annual rate of 1.9% in the first quarter, based on a third estimate released by the Commerce Department's Bureau of Economic Analysis Friday.

That is up from the department's prior estimates of growth at 1.8% for the first three months of 2011. GDP is a comprehensive measure of all goods and services produced in the United States.

First-quarter GDP growth was roughly in line with the most-recent analysts estimates but down significantly from the 3.1% growth in the fourth quarter. Analysts surveyed by Econoday expected first-quarter GDP growth of 2% with a range of estimates between 1.8% and 2.2%.

Earlier this week, the Federal Open Market Committee said the economic recovery is progressing slower than members expected. Federal Reserve Chairman Ben Bernanke also lowered the central bank's GDP projections to growth of 2.7% to 2.9% for this year and 3.3% to 3.7% for 2012. In late April, the Fed projected growth of 3.1% to 3.3% for 2011.

According to the latest government report, first-quarter GDP benefited from consumer spending, private inventory investments, exports and nonresidential fixed investment. However, those factors were offset by cuts in federal and state government spending. Imports during the period also increased.

Real exports of goods and services rose 7.6% in the first quarter, down from an increase of 8.6% for the final three months of 2010. Meanwhile, real imports climbed 5.1% in the first quarter up from a decrease of 12.6% the prior quarter.

Write to Kerri Panchuk.

Thursday, June 23rd, 2011

Delinquencies on commercial mortgage-backed securities dipped 1.5% in May, the first decrease since January, according to credit ratings agency Morningstar.

The delinquent unpaid balance on loans backing CMBS totaled $62.3 billion in May, down from $63.3 billion the month before. Servicers liquidated more than $1.1 billion across 126 loans for the month, accounting for most of the cuts to delinquencies. The average severity rate on these liquidations reached 51.2%, the second highest monthly amount on record.

Delinquencies accounted for 8.35% of the loans Morningstar surveyed in May, down only 2 basis points from the previous month but still elevated from the 7.27% ratio measured one year ago. The May delinquency rate is 29 times higher than the record low of 0.28% in June 2007.

"The movement in both delinquent unpaid balance and percentage is now clearly being impacted by the size and amount of loan liquidations, modifications, extensions and resolutions reported on a monthly basis, leading to a potential slow down in the reporting of new delinquency for the remainder of 2011," Morningstar analysts said.

Analytics firm Trepp reported a dip in delinquencies for the month as well. But analysts at Barclays Capital (BCS: 13.99 +0.43%) said it may only be temporary. REO asset management firm Green River Capital saw enough problematic loans this year to jump into the commercial space.

Morningstar hedged itself as it continues to monitor loans on its watch list. Analysts said the delinquency rate could still reach higher than 9% by the end of the year.

"This remains a reality under more heavily stressed scenarios involving additional large loan defaults," analysts said.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Thursday, June 23rd, 2011

After four days of deliberation, a federal jury in Ann Arbor on Wednesday found Tom Gjokaj of Sterling Heights guilty of bank fraud in a $7.6 million mortgage fraud committed in 2007.

The jury couldn’t reach unanimous verdicts against two other defendants, James Wiese of Birmingham and Ilir Dokaj of Sterling Heights.

Thursday, June 23rd, 2011

The global credit crisis impacted Europe differently than the United States, and consumers there responded differently as well — especially when it came to credit card debt vs. mortgage debt.

In Europe, esoteric mortgages, including subprime — or nonconforming as it's called in Europe — never really took off despite the best marketing efforts.

And for the most part, defaults on European mortgages are relatively low, and securitization is gaining traction again, panelists at the American Securitization Forum's mid-annual meeting in Washington, D.C., this week were quick to point out.

I can't say I agree with either of the above points. But I do think the concept of home ownership will never be quite as strong in Europe as it is in the United States. After living for nearly 10 years in Europe, I never once felt Europeans greatly respect their mortgages.

The results of the second European Credit Risk Survey shows a growing optimism among borrowers that credit performance is increasing. What is also increasing is apathy toward their mortgages.

The survey, conducted with the help of FICO, finds "a shift in borrower payment hierarchies has been observed, with more than 40% of respondents reporting that consumers will pay their credit card ahead of other obligations, including their mortgage."

This could be attributed to Europeans liking financial institutions less and less. In the U.K., 77% cited greater mistrust with their banks.

"Bailouts of British banks have damaged consumer trust," said Mike Gordon, vice president and managing director of FICO for Europe, the Middle East and Africa. "We are seeing a sustained effort by our clients to restore trust through customer charters and other means."

The percentage of respondents who expect mortgage delinquencies to remain the same or rise jumped from 69% in February’s survey to 84%.

Only 16% of respondents expect mortgage delinquencies to decrease somewhat.

Europeans, in short, think little of their mortgages. And, more and more, they would rather pay something besides their obligations to property.

Write to Jacob Gaffney.

Follow him on Twitter @jacobgaffney.

Thursday, June 23rd, 2011

An Illinois woman is seeking class-action status after filing a lawsuit against Fisher and Shapiro, claiming the Chicago-area law firm mishandled foreclosure affidavits, causing the plaintiff and at least 1,700 others to face financial losses from Fisher's foreclosure actions.

Fisher and Shapiro could not be immediately reached for comment.

The case, which was filed by plaintiff Stacy Hill in the the U.S. District Court Northern District of Illinois-Eastern Division, ties back to a Chicago court's earlier decision to place 1,700 foreclosure cases handled by Fisher and Shapiro on hold after the firm voluntarily admitted it had mishandled affidavits attached to foreclosure files.

At the time of the revelation in March, Fisher and Shapiro said signature pages were removed from the original affidavits and reattached to pages containing altered content.

In the Hill v. Fisher and Shapiro case, Hill claims to be one of  many homeowners who experienced financial hardship after the firm mishandled affidavits attached to foreclosure files.

On behalf of similarly situated plaintiffs, Hill is suing for financial damages on the grounds that Fisher and Shapiro violated the Fair Debt Collection Practices Act, and the Consumer Fraud and Deceptive Business Practices Act. The plaintiff alleges that she and other class members faced financial hardship after the firm initiated foreclosure actions utilizing the mishandled affidavits.

Earlier this week, the Illinois Department of Financial and Professional Regulation fined PHH Mortgage $290,000 in the first fine levied in a probe of 20 state-licensed mortgage companies. In that case, PHH failed to sign affidavits in 19 cases after they had been altered by attorneys with Fisher and Shapiro, according to the department. The department did not fine the law firm.

Write to Kerri Panchuk.

Thursday, June 23rd, 2011

The House Appropriations Committee voted Thursday to cap funding for the Consumer Financial Protection Bureau at less than half of what was originally estimated for the agency.

The legislation provides annual funding for the Treasury Department, the Securities and Exchange Commission and other agencies for fiscal 2012. According to the bill, the Federal Reserve, which will fund the CFPB, cannot obligate more than $200 million to the agency, but the Fed estimates the CFPB will require $500 million.

The bureau is scheduled to open July 21 and will become the de facto regulator for the entire mortgage industry, from origination to servicing. According to Dodd-Frank, the Fed will supply 10% of its expenses to form the agency through its first year. That goes up to 11% in the second year and 12% every year after.

Under Dodd-Frank, the Fed can go to Congress for an additional $200 million if needed.

The overall bill, which also funds other agencies besides the CFPB, provides $19.9 billion in funding for the agencies, nearly $2 billion or 9% below last year's level and nearly $6 billion below President Obama's request.

"This bill makes smart, sensible reductions in nearly all areas. Where necessary, we have cut funding for ineffective and unproven programs, and have made strides to prevent taxpayer dollars from slipping through the cracks, lost to redundant or wasteful programs," said House Appropriations Chairman Rep. Hal Rogers (R-Ky.).

Lisa Donner, executive director of the consumer group Americans for Financial Reform, said the bill undermines the independence of the CFPB.

"They are trying to turn the CFPB into a weak and timid agency, without the will or ability to curb the kind of financial abuses that caused the nation’s worst financial crisis since the Great Depression," Donner said.

The bill will go to the House floor for consideration, but no date has been set.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Thursday, June 23rd, 2011

Prospects in the housing market remain glum as the weaker then expected spring buying season pushes prices and transaction counts down.

In April, home prices deteriorated 5.1% compared the same month of 2010 when the first-time homebuyer tax credit was in place, according to RadarLogic's RPX Housing Market Report released Thursday. RadarLogic reported price declines in all 25 metropolitan statistical areas that it tracks, with Boston experiencing the largest drop of 21.8% compared to April 2010.

The data tracking firm did note that prices increased 2% between March and April, a "large gain" compared to years past. And most of the major MSAs under RadarLogic's watch reported price gains on a monthly basis. However, the good news is short lived, as the year-to-date change in home price was negative for only the third time in the last 10 years.

"The decline in the composite price from January to March was so large that the large seasonal bounce in April was not enough to bring the year-to-date change into positive territory," RadarLogic said.

The changes in the RPX composite price index were consistent with the data released by the Federal Housing Finance Agency Wednesday, which found a scant 0.8% increase in home price between March and April.

April home sales trended in a similar fashion, falling 9.2% compared to one year prior. Transaction data is slightly skewed, as the 2010 tax credit artificially inflated home sales prior to its expiration in June 2010.

On a monthly basis, home sales increased 11.6% in the 25 MSA tracked by RadarLogic. This is the largest percentage increase for the month of April in the last 10 years, RadarLogic said.

Sales were driven by an increasing number of distressed property sales, which is also dragging down home prices. Foreclosed properties accounted for 30% of all sales in April, according to RadarLogic, down from 33% in March. The average price for a distressed property was 39% lower than a nondistressed property in April.

"Our outlook for housing prices is negative as the major headwinds facing the nation's housing markets — widespread negative equity, a backlogged foreclosure pipeline and persistent oversupply — have not abated," RadarLogic said. "There is simply too much supply to be absorbed by the tenuous, at best, demand."

Write to Christine Ricciardi.

Thursday, June 23rd, 2011

The Federal Housing Finance Agency mishandled consumer complaints about Freddie Mac and Fannie Mae, including complaints about possible foreclosure actions, the FHFA Office of Inspector General said in a report this week.

Late last year, the OIG launched an investigation into how FHFA — the  conservator of Fannie and Freddiehandled consumer complaints filed against the GSEs after noting an upswing in fraud, waste and abuse complaints within the mortgage segment. The OIG investigation concluded that 70% of all consumer complaints filed with the FHFA during the audit period were tied to the GSEs.

In its report, OIG outlined several procedures for the FHFA to improve its oversight of GSE consumer complaints. The inspector general's report said the "FHFA would also benefit from establishing better oversight of the enterprises' complaint procedures, including conducting periodic substantive reviews of statistically sound random samples of complaints processed and following up on all complaints to help ensure appropriate disposition."

The OIG discovered during its probe that FHFA regulators saw a need to improve oversight of GSE consumer complaints. But at the same time, the OIG concluded in its report that FHFA "debated the nature and scope of its role for two years and did not implement needed improvements."

Write to: Kerri Panchuk.

Thursday, June 23rd, 2011

[[Update 1: Adds comment from PHH]]

An Illinois regulatory agency fined PHH Mortgage $290,000 in the first fine levied in a probe of 20 state-licensed mortgage companies.

Mount Laurel, N.J.-based PHH was punished for allegedly signing foreclosure affidavits the company knew would later be altered by attorneys and for signing affidavits using someone else’s name, according to the Illinois Department of Financial and Professional Regulation.

The violations were found during the agency's special investigation launched last year, as the national robo-signing scandal arose in which employees at foreclosure law firms were signing and attesting to information in court foreclosure documents that they had not reviewed.

"At a time when homeowners are facing the possible loss of their most precious asset, homeowners have a right to expect their loan servicing company to file accurate and honest paperwork," said Brent Adams, Illinois secretary of financial and professional regulation. "Time and again, the department has sought to emphasize to loan servicing companies that home foreclosure is no time to cut corners."

PHH told HousingWire that it disputes the charge.

"PHH Mortgage is recognized as one of the nation’s leading mortgage servicers, and we take our responsibilities to borrowers seriously," PHH said, in a written statement provided to HousingWire after it called seeking comment.  "We dispute the findings of the Illinois Department of Financial and Professional Regulation, and we reject any assertion that the signatures of the affiants who signed on our behalf were not the signatures of those specific individuals. PHH Mortgage intends to request a hearing in this matter and pursue all available remedies."

PHH has 10 days to request a hearing on the order, or 30 days to pay the fine.

In at least 19 files, PHH failed to sign affidavits after they had been altered by attorneys and the company's "knowledge of and complicity with this process is evidenced by the fact that the original affidavits were incomplete and contained notations such as 'will add' when they were tendered to the law firm of Fisher and Shapiro," the department said in a written statement.

The law firm, acting on behalf of PHH, then attested to the completeness of the altered affidavits although they had not been reviewed or re-executed by PHH. The company's conduct "at the very least, rises to the level of negligence or incompetence," the state order said.

The agency also said 16 of the 19 affidavits were identified as having all been signed and attested to by the same PHH employee. The department noted at least five distinctly different signatures attributed to one employee, leading the agency to conclude at least four different people used one employee's name to sign the affidavits.

In December, the department issued a nine-point plan establishing best practices for handling foreclosure-related documents. Among the best practices: Affiants should have the level of knowledge necessary to submit an affidavit in a judicial proceeding and shall confirm that the numbers are accurate. Notarized documents must be done in the presence of the notary after an oath has been administered, and when using "form affidavits" nothing should be left blank, and signatures should be dated.

"PHH has violated both the Residential Mortgage License Act of 1987 and these best practices," the department said.

The act provides for a fine up to $25,000 for each violation. The state fined PHH $10,000 for each of the 19 files with faulty paperwork and $25,000 for four instances, in which an employee used a name other than his or her own.

In March, Bannockburn, Ill.-based foreclosure law firm Fisher and Shapiro admitted in Cook County Circuit Court that hundreds of its documents may be faulty, noting foreclosure affidavits had been altered without the affiant's knowledge. In those cases, the content of the original affidavits were changed, and the original signature page was removed and then reattached to the altered affidavits.

After the admission, a Cook County judge temporarily halted 1,700 foreclosure cases. The law firm said it promptly notified the court after its discovery of the flaw.

The Illinois probe is separate from a national probe also under way that has resulted in several consent orders and an investigation into servicers by the nation's 50 attorneys general.

Write to Kerry Curry.

Follow her on Twitter @communicatorKLC.

Thursday, June 23rd, 2011

Recent data shows the percentage of strategic defaults is on the decline, but still account for nearly one-fifth of serious mortgage delinquencies. Furthermore, the share of strategic defaulters in the jumbo mortgage space is actually growing.

A study from credit reporting agency Experian and consulting firm Oliver Wyman showed 17% of all 60-plus day mortgage defaults in the second quarter of 2010 were due to strategic default. While this is down from a peak of 20% in the second quarter of 2008, it is more than double the number of strategic defaults in 2006.

During boom times in the first half of the last decade, only 4% of defaults were strategic, according to the report.

Strategic default applies to borrowers who can afford their monthly mortgage payment, yet opt not to pay it. Once the financial crisis hit in 2007, many home values depleted and left borrowers underwater, meaning their home was worth less than they originally paid for it. According to Experian strategic default is a "problem that won’t really vanish until home prices climb and stay there," according to a statement from the company.

Strategic defaults usually occur on homes that are more expensive with borrowers who make a higher annual income, as they are more financially savvy and can take a small hit to their credit score. According to Experian, 33% of delinquent mortgages in the second quarter of 2010 were on homes more than $1 million. In contrast, just 6% of homes originally priced at $50,000 were attributable to strategic default.

In the second quarter of 2010, 30% of strategic default borrowers earned more than $150,000 a year. Just 9% earned less than $40,000, according to Experian.

Another characteristic of strategic defaulters is the ability to stay current on all other debt obligations including credit cards, auto loans and any other revolving debt. This includes new mortgages. Experian found that 47% of strategic borrowers in the second quarter of 2010 opened a first mortgage on another property in the six months prior to their default.

Experian said strategic default will continue to plague the market until home prices rise.

"These percentages aren’t likely to decline much unless residential housing prices increase and remain at higher levels," said the report. "Homeowners have to see for themselves that their neighbors' houses are selling for higher prices."

Write to Christine Ricciardi.



Origination/Lending
Consumer sentiment climbed to an index level of 75 in January, the best reading of the Thomson Reuters/University of Michigan...

Read More »

Secondary Markets/Investors
The new federal task force led by New York Attorney General Eric Schneiderman sent subpoenas to the 11 largest financial...

Read More »