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Archive for July, 2011

Friday, July 29th, 2011

Speaker of the House John Boehner (R-Ohio) secured enough votes in the House of Representatives Friday to pass a revised version of his debt ceiling plan only to watch the Senate kill the legislation two hours later.

The bill initially passed the House on a 218 to 210 vote with 22 Republicans voting against it, according to CSPAN. Sen. Harry Reid (D-Nev.) indicated earlier in the day that he had enough votes to quash the legislation on a Senate vote.

The Treasury Department has warned the nation will default on its debt if the debt ceiling isn't raised by Aug. 2.

The plan rejected by the Senate is one of a few versions introduced by Boehner this week. Earlier in the week, Boehner was sent scrambling back to the drawing table when the Congressional Budget Office released a report saying the Republican plan would only cut budget deficits by $850 billion in the next decade, compared to Sen. Reid's plan which could result in $2.2 trillion in deficit cuts in the next 10 years.

Reid defended the Democrat's plan saying it protects Social Security and Medicare, while raising the ceiling by at least $2.4 trillion. Congress and the president have until Tuesday to approve a plan that will raise the debt ceiling. To date, ratings agencies Standard & Poor's and Moody's Investors Service have U.S. debt on a ratings watch.

Earlier today, Sen. Reid urged the parties to reach a bipartisan solution. Analysts issued advisories this week saying the rating agencies could still downgrade U.S. debt if the ceiling plan passes due to the ongoing political wrangling and the length of time it took to get a plan passed.

Write to Kerri Panchuk.

Friday, July 29th, 2011

The U.S. debt compromise deadline is days away with the prospect of a national downgrade looming in lieu of a solution.

In such an instance, it is likely that bonds issued by Fannie Mae and Freddie Mac will experience an implied downgrade as well, considering the implied government backing.

Indeed, in a commentary in The Washington Post, Neel Kashkari, managing director of the investment management firm PIMCO, suggested a U.S. downgrade has the potential to be as bad or perhaps worse than the Lehman Bros.' shock.

"The more strongly held a belief, and the larger the asset class it supports, the greater the potential damage to the economy when the belief is turned upside down," he writes. "We may not be certain what will happen if U.S. credit is downgraded, but there is no upside to finding out."

However, analysts at Barclays Capital are not as worried when it comes to Fannie Mae and Freddie Mac. They say among the largest investors of these bonds, there is little chance of a widescale withdrawal from the market. Banks have been a major source of demand for mortgage-backed securities this year, alongside real estate investment trusts, adding in excess of $100 billion in the past three quarters.

They admit that an investor concern is that a downgrade could sap bank demand by potentially raising the level of regulatory capital that must be held against the asset.

"But we do not think this will be the case," they say.

"We see the likelihood of regulatory capital increases based on a rating downgrade as extremely low," the Barclays Capital analysts write. "As such, in the event of a downgrade, there should not be much change in bank demand for this sector."

See the investor breakdown for Fannie, Freddie below.

Write to Jacob Gaffney.

Follow him on Twitter @jacobgaffney.

Friday, July 29th, 2011

New York became the latest state Friday to enact land bank legislation to deal with the burgeoning problem of vacant and blighted properties — one of the aftereffects from the nation's foreclosure crisis.

New York Gov. Andrew Cuomo signed the law Friday in what was described as a bipartisan effort.

Land banks are entities that take control of problem properties and either rehabilitate the property or bulldoze it to redevelop the land. The strategy has met with success in some of the nation's inner cities that have been ravaged by the foreclosure crisis, such as Detroit and Cleveland. Land banks have assembled parcels for green space, urban farming, side lots, community amenities, commercial development and affordable housing, among other uses.

New York's law will allow cities and counties across the state the ability to develop land banks, which would be tasked with converting vacant, abandoned or tax-delinquent properties into productive use.

The issue is of particular importance in Western New York, where the volume of abandoned housing stock is overwhelming. Center for Community Progress President Dan Kildee, who wrote a piece on land banks for HousingWire's August magazine, worked closely with the lawmakers who crafted the bills, which are modeled on the example of Flint, Mich., a city ravaged by the downturn in the American auto industry. The Genesee County Land Bank, created there in 1999, has been the primary vehicle for redeveloping the city’s vacant housing.

Kildee, the creator of that land bank, says he believes land banking can yield similar results for New York. He told HousingWire that the Flint land bank has acquired nearly 10,000 vacant homes since its inception, demolishing more than 1,300 of those. Its projects have included redevelopment or repurposing of 2,500 properties. Kildee said the land bank has attracted more than $60 million in new investment to Flint.

“Around the country, as communities face the fallout of a changing economy and the foreclosure crisis, land banking is giving local governments the chance to help re-set the real estate market and promote sound development plans for the future," he said.

Similar legislation is up for consideration in Pennsylvania and Tennessee, while Georgia legislators are debating an update of a land banking law already on the books there, according to the Center for Community Progress.

Write to Kerry Curry.

Follow her on Twitter @communicatorKLC.

Friday, July 29th, 2011

As the debt ceiling talks reached a compromise in Washington, government savings from reducing operations at Fannie Mae and Freddie Mac disappeared from the latest bipartisan proposal from Congress to raise the debt ceiling.

Congress has until Aug. 2 to come to an agreement on how to raise the debt ceiling, according to the Treasury Department. The House is expected to vote on a revamped compromise between the White House and Congressional leaders, including Rep. John Boehner (R-Ohio) and Sen. Harry Reid (D-Nev.) and Sen. Mitch McConnell (R-Ky.).

Buried in the flurry of negotiations were potential ramifications for Fannie and Freddie, the two mortgage giants that have cost the U.S. government roughly $164 billion in bailouts since the housing downturn.

According to the Congressional Budget Office, the original Boehner plan and subsequent Reid proposals would have saved the government $30 billion via reductions to Fannie and Freddie operations. This, sources within the House told HousingWire, would have meant raising the guarantee fees — the fees Fannie and Freddie charge for guaranteeing a pool of mortgages — up 5 basis points.

Sources said this contributed more than $26 billion to government "cuts," but it was eventually considered a "tax revenue" and was removed from not only Boehner's proposal but Reid's as well.

It was unclear Friday whether the Reid bill had any language pertaining to Fannie and Freddie within it, but an aide for one senator said the situation was "extremely fluid." But on Monday, as details surfaced of the new compromise between Republican and Democratic leaders, sources in congress told HousingWire all language pertaining to Fannie and Freddie have been eliminated.

A report released by the CBO Monday morning attributed none of the proposed $917 billion in cuts to reductions in Fannie or Freddie operations.

Rumors even flew Friday afternoon of a possible reduction to the conforming loan limit below the reduction that is already scheduled to occur Oct. 1. The conforming loan limit is the maximum amount Fannie and Freddie can purchase or guarantee.

In 2008, Congress raised the conforming loan limit to $729,750, but the limit is scheduled to expire Oct. 1 and drop to $625,500, varying by county. Discussions over the debt ceiling included talks of taking that limit down to $417,000 by 2013  for the cost savings it would provide in numbers of loans that the GSEs would guarantee going foward. However, sources on the Republican side of the House said such plans never surfaced in the deal.

The debt ceiling deal marks the latest landmark legislation since the Dodd-Frank Act that failed to address the future of housing finance.

Even though Republicans in the House made initial steps toward reforming fringe operations of the government-sponsored enterprises, including raising the g-fee, legislation on how to replace the roles of these companies have yet to be taken up by committee.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Friday, July 29th, 2011

The Department of Justice filed a lawsuit against Robert S. Luce, founder and president of MDR Mortgage, according to a complaint filed in the U.S. District Court for the Northern District of Illinois.

Luce is accused of leading his team to wrongly originate FHA-insured mortgage that later defaulted, leading the government to face millions of dollars in claims.

Luce was indicted in April 2005  on charges ranging from obstruction of justice, making false statements, and practicing mail/wire fraud.

Although he was under investigation and indictment, he continued to originate FHA-backed mortgage, the lawsuit states.

"Mortgage lenders who lie in order to reap the benefits of these insurance programs, as is alleged here, undermine the integrity of these programs and misuse taxpayer funds that are meant to support single family housing," said Department of Justice assistant attorney general Tony West.

Currently, HUD, which oversees the FHA program, is looking to pay more than $1.6 million in insurance claims to those hit by the 90 defaulted mortgages caused by MDR.

Write to Matthew Torres.

Friday, July 29th, 2011

Real estate investment trusts that buy mortgage debt tumbled, adding to their biggest weekly loss in more than a year, on concern the markets that finance them will be roiled if the U.S. government defaults on its debt.

A Bloomberg index of shares of 32 mortgage REITs, including New York-based Annaly Capital Management Inc. (NLY) and Atlanta-based Invesco Mortgage Capital Inc. (IVR), dropped as much as 8.5 percent today, the most since May 6, 2010. The stocks pared the losses to 2 percent at 4:15 p.m. in New York.

Friday, July 29th, 2011

The U.S. homeownership rate in the second quarter dropped to its lowest level in 13 years, according to the Census Bureau, with analysts expecting even more drops ahead.

The homeownership rate fell to 65.9%, down one percentage point from a year ago. It's the lowest level measured since the first quarter of 1998. Analysts at Capital Economics said this means the homeownership rate built during the housing boom has been "completely wiped out" by its bust.

"The poor economic climate, the double dip in house prices, the high number of foreclosures and tight credit conditions are all reasons why the homeownership rate will continue to fall," analysts said.

The rate remained highest in the Midwest at 70%, followed by 68.2% in the South, 63% in the Northeast and 60.3% in the West. Since the second quarter of 2007, the homeownership rate in the West has dropped more than four full percentage points.

Homeownership for younger consumers has become even more sparse. According to the Census Bureau, the rate among Americans younger than 35 years old dropped to 37.5% from 39% one year ago. This, analysts said, is a sign credit has tightened for younger consumers. With unemployment elevated for this cohort, as well, the rate could continue to fall in coming quarters.

"With another 3 million foreclosures in the pipeline and no sign of a major improvement in credit conditions or the labor market, demand for owner-occupied housing is likely to remain weak for some years yet," Capital Economics analysts said.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Friday, July 29th, 2011

A failure to raise the nation's debt ceiling by Tuesday could cause Treasury yields to drift higher and adjustable-rate mortgages tied to U.S. Treasurys to fluctuate over the coming months, real estate professionals say.

Despite having some concern about Treasury yields in the wake of a U.S. default, residential real estate investor Bruce Norris said he's not expecting an immediate, "exaggerated spike" in interest rates if lawmakers fail to raise the ceiling by Tuesday's deadline.

"I think the world is looking at this arm-wrestling contest as very frustrating, but not taking it to the level that the United States will stop actually paying its bills," Norris said.

If the U.S. does default on its debt, Gibran Nicholas, chairman of the CMPS Institute that trains mortgage brokers, warns "bonds issued by Fannie Mae and Freddie Mac will probably lose their triple-A status if the U.S. credit rating is downgraded."

Nicholas said in the wake of a default, the monthly payment on a $200,000, 30-year mortgage could go up as much as $240 a month if rates increase from around 4.5% to 6.4% or so. A smaller, 100 basis-point increase in rates would push monthly payments up by $122, Nicholas said.

He further warned that mutual funds can only invest in triple-A rated investments, which means they will either have to change their bylaws to continue holding U.S. Treasurys and mortgage bonds or they will have to offload their mortgage-backed securities and Treasurys, Nicholas explained.

"This will cause Treasury and mortgage bond yields to fluctuate considerably over the next few months, adding even more uncertainty to an already fragile mortgage and housing market," he said.

Paul Bishop, vice president of research for the National Association of Realtors, said a U.S. default could force mortgage interest rates higher in a market already battling weak demand, while also causing consumer confidence to plummet in the face of economic uncertainty.

"It would depend on how the financial markets react (to a default)," Bishop said. "If rates increase, of course, that would filter into mortgage rates."

Bishop said it's too early to know how much rates will be impacted by a failure to raise the ceiling on time or an actual default. "It would depend on how much the financial markets react to missing the deadline," he said.

But Ron Phipps, president of NAR, issued a warning to lawmakers.

"The indecision in Congress is paralyzing progress on other fronts, and it is harming homebuyer confidence and negatively affecting home sales," Phipps said.

Write to Kerri Panchuk.

Friday, July 29th, 2011

Home sales in the greater Miami area grew for the seventh consecutive month in June as low prices fueled demand taking the place of last year's federal homebuyer tax credit.

The Miami area, which includes the counties of Miami-Dade, Palm Beach and Broward, recorded 9,857 home sales in June, up 1.4% from May and 6% from last year, real estate data firm DataQuick said Friday.

Home sales rose as prices slipped, with the median sales price falling 10% from June of last year.

The spike in sales was fueled by a combination of lower prices and excess supply in the market.

Meanwhile, new home sales continued their downward spiral as builders unable to compete with distressed homes lost further momentum in the market.  In June, the greater Miami area had 526 closings for new home construction, up 1.5% from May, but down 9% from year ago levels and the lowest new-home record for the month of June.

New home sales made up only 5.3% of completed transactions last month, but traditionally represent about 19% of the market.

The luxury market in Miami is doing well with 103 houses and condos selling for $2 million or more in June, up 21.2% from May and 27.2% from a year ago.

Foreign investors are fueling some of the demand, representing roughly 6.5% of all homes sold in the region in June, DataQuick said.

About 76% of  those buyers had Canadian addresses. The remaining bargain hunters came from Argentina, Venezuela, Finland and Brazil.

Write to Kerri Panchuk.

Friday, July 29th, 2011

Genworth Financial (GNW: 7.77 -0.38%) used $375 million worth of shares in its Canadian subsidiary to provide capital support for its collapsing U.S. mortgage insurance business in the second quarter.

The move raised concern among investors over why Genworth would continue holding fast to a segment that pushed losses to twice the level seen one year ago. The mortgage insurance segment hemorrhaged $253 million in losses on its own for the quarter. In a conference call with these investors Friday morning, Genworth CEO Michael Fraizer said new business written since the downturn is showing healthy returns, compelling him and other executives to maintain their position.

"In U.S. MI, it's important to differentiate between business originated before and after the middle of 2008 when underwriting and pricing changed substantially," Fraizer said.

New mortgage insurance written after the crisis generated $230 million in premiums through the second quarter for Genworth and could produce more than $430 million over the life of these loans. The return on equity for the new insurance totaled more than 25%.

As the government continues to unravel its support of the industry through the Federal Housing Administration, private mortgage insurance companies pushed market share from 5.3% in the first quarter of 2010 to 8.2% in the second quarter of 2011, Fraizer said.

Private insurers wrote $4.8 billion in new business in June, up from less than $4 billion in May, according to an industry trade group.

Upcoming standards on the qualified residential mortgage and the future role of Fannie Mae and Freddie Mac could also produce more opportunities for Genworth to grow, and Fraizer said they are hard at work lobbying both state and federal agencies to give them that chance.

The result so far has reaped benefits. A total of 46 states granted the company waivers to continue writing new business despite surpassing the risk-to-capital ratio of 25-to-1.

But at times, the company has taken the pressure potentially too far, when it funded a research study from George Washington University concluding the FHA should reduce its market share even further.

The stakes are very high for Fraizer. Investors expressed interest in Genworth's other segments including life insurance and wealth management. The CEO said he and his team are making progress on separating the company along these lines "if and when it makes sense to do so."

Fraizer said Genworth will continue supporting the mortgage insurance segment. For now.

"We believe U.S. MI has a strong future potential," Fraizer said. "Trends like we saw in the second quarter could continue so it's important to emphasize the U.S. MI segment will not have an unlimited call on the capital of the enterprise."

Write to Jon Prior.

Follow him on Twitter @JonAPrior.



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