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Archive for July, 2011

Monday, July 25th, 2011

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

As of late Sunday, President Obama and Congress had yet to agree on extending the nation's $14.2 trillion debt ceiling.

Lawmakers have about a week to reach an accord before the Aug. 2 deadline set by Treasury Secretary Timothy Geithner. Failing to do so may result in the United States defaulting on its obligations.

Whole Loan Capital is coming to market this week with the private placement of a servicing portfolio of $553 million residential loans. The company said the offering is on an exclusive basis.

Fannie Mae and Freddie Mac are investors in 71% of the offering, Wells Fargo and Bank of America 26% with other investors accounting for about 2.5%.

The portfolio includes 2,400 home loans with an average balance of $230,000 and average seasoning of 78 months.

Roughly 92% of the mortgages are current, 6.5% are seriously delinquent, 1% are 30-days late and 0.5% are at least 60-days past due. One-third of the loans are in California, 9% in New York, 8% in Colorado, 5% in Virginia and 4% in Florida.

In addition to the weekly economic indicators due this week, the latest Standard & Poor's/Case-Shiller home price index comes out Tuesday. The widely watched index rose for the first time in eight months in April, inching up 0.8%.

The Commerce Department releases new home sales figures for June on Tuesday, as well. Sales fell 2.1% in May to 319,000 units from a revised 326,000 units the previous month. In February, new home sales declined 17% from a month earlier to the lowest level recorded.

Meanwhile, the Consumer Financial Protection Bureau begins its first full week of activity. On Friday, the new regulator issued its first substantial rule to the Federal Register filling a regulatory gap for alternative mortgage originations.

Late Thursday, the House of Representatives passed a bill to restructure the CFPB and provide more power to the agency's oversight committee. President Obama has said he will veto any bill designed to change the power structure of the CFPB.

Senate Republicans want a board to lead the new federal regulator rather than a single executive.

Three banks failed last week, bringing the 2011 total to 58. About 300 banks failed in 2009 and 2010, with 157 last year alone, which was the highest level since 1982.

The Colorado Division of Banking closed Bank of Choice in Greeley, Colo., last week. The Federal Deposit Insurance Corp. entered an agreement with Bank Midwest in Kansas City, Mo., to assume all of the deposits and most of the assets of Bank of Choice.

At March 31, the 17 branches of Bank of Choice had total assets of about $1.07 billion and $924.9 million in total deposits.

The Florida Office of Financial Regulation closed the two branches of Southshore Community Bank in Apollo Beach, Fla., and the six branches of LandMark Bank of Florida in Sarasota, Fla.

American Momentum Bank of Tampa, Fla., agreed to acquire all the assets and deposits of both failed institutions in the state.

Southshore Community Bank listed deposits of $45.3 million and total assets of $46.3 million at March 31. LandMar Bank had assets of $275 million and deposits of $246.7 million at the end of the second quarter.

The FDIC estimates the cost to its Deposit Insurance Fund will be $256.3 million for the banks shuttered last week.

Write to Jason Philyaw.

Friday, July 22nd, 2011

Once the tumultuous debt ceiling negotiations settle, Washington officials said the Obama administration will begin a revitalized effort to address lingering concerns in housing finance reform.

When debt ceiling talks resolve remains a question. President Obama took to a town hall meeting Friday morning urging lawmakers to forge a deal, but the Senate rejected a House plan later that afternoon. New developments late Friday indicate Rep. John Boehner (R-Ohio) walked away from talks with Obama to find common ground on a long-term deal.

But if Washington ever strikes a debt ceiling deal, the still struggling housing market awaits.

Already, plans are being drawn.

A spokesperson for Rep. Barney Frank (D-Mass.) told HousingWire Friday the Obama administration has begun work on a proposal to extend the conforming loan limits, which are set to expire in October. In February, the administration put out a white paper, providing Congress three options for winding down mortgage giants Fannie Mae and Freddie Mac.

Allowing the conforming loan limits – the maximum size of a mortgage the government can guarantee or buy – would be the first step toward allowing the private market to rejuvenate, the administration said at the time.

However, funding for mortgages outside Fannie, Freddie or the Federal Housing Administration remains barren, even according to one of the industry's largest trade groups, the Mortgage Bankers Association.

"[Rep. Frank] believes that the administration is working on an extension, but he doesn’t know what legislative vehicle would be used," the spokesman said.

Rep. John Campbell (R-Calif.) and Rep. Gary Ackerman (D-N.Y.) introduced a bill last week that would extend the elevated loan limits for another two years.

"The Obama administration’s reported support of an extension of the conforming loan limits is welcome news for middle-class homeowners," Ackerman said. "The administration understands that the painful cycle of foreclosures, distressed sales and deep price declines will continue to weigh on the economy if nothing is done to support the housing market."

But other issues remain, including what to inevitably do with Fannie and Freddie. Aside from the slew of legislation passed by Republican members of the House Financial Services Committee – some receiving Democratic support as well – no bill on what to replace the government-sponsored enterprises with has yet to be considered by the committee.

Democrats and Campbell criticized the committee chair Rep. Spencer Bachus (R-Ala.) at a recent hearing for not taking up legislation and starting the process of installing a new housing finance system.

"I'm being criticized here for waiting on the administration. If they want to bring forth a comprehensive proposal, they have two or three weeks to do it," Bachus said at the time.

"Until we have a mechanism in place, we are threatening this economy," Campbell said.

There is also the matter of the Consumer Financial Protection Bureau gridlock.

Obama nominated Richard Cordray as the new bureau's director on Monday, but a group of 44 Republican Senators threatened to filibuster the approval until the president agrees to their terms for restructuring the agency, which includes installing a commission and providing more powers to its oversight committee.

Obama maintained this week that he would veto legislation passed by the House that would bring these changes to the CFPB.

According to the MBA, mortgage originations are expected to drop to $1 trillion for the year. The robo-signing scandal last year pushed up to 1 million foreclosures to next year and new filings continue to mount.

Several smaller lenders testified before Congress this week that regulatory uncertainty need to be addressed so their companies can comply and move on.

Ackerman acknowledged the need to move decisively, as well as quickly.

"With so much at stake for American families, inaction is not an option," Ackerman said.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Friday, July 22nd, 2011

Although the drop in default rates shows promise, the amount of shadow inventory still creates a dark loom over the future of housing prices, according to latest results from Standard & Poor's U.S. Residential Performance Index.

The shadow inventory of unresolved distressed properties is currently at an estimated $405 billion, representation four years of housing inventory and one-third of the outstanding U.S. non-agency residential mortgage debt.

The report states that full recovery will only occur once the supply of distressed properties shrinks to less than a quarter of the current volume.

Additionally, the monthly liquidation and cure rates are at about 2.5%. This stems to an overall resolution rate of 5%, where these rates have lingered in the past nine months. (See chart below)

The slowing first default rates seen on the chart allows borrowers to resolve loans and clear out the inventory instead of defaulting and adding more, S&P said in the report.

Write to Matthew Torres.

Friday, July 22nd, 2011

Old Republic (ORI: 9.765 +2.14%) hired Scott French as its senior vice president of REO services this week.

French will oversee the REO operations for the company and will report to Carl Brown, president of default management services. French will be based in the Dallas office.

French previously served as a default executive at Citigroup (C: 30.425 +0.15%) and JPMorgan Chase (JPM: 37.24 -0.67%), handling REO, foreclosure and valuation operations.

"We are thrilled to have Scott join our team," Brown said. "With over a quarter century of experience, he knows all facets of our business. We are confident in his abilities to lead our REO services division."

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Friday, July 22nd, 2011

Mortgage Bankers Association CEO David Stevens sent a letter to House leaders Thursday urging lawmakers to extend the elevated conforming loan limits for government-backed mortgages.

In 2008, Congress allowed Fannie Mae, Freddie Mac and the Federal Housing Administration to guarantee or buy mortgages worth as much as $729,750 in most neighborhoods. The limits will expire Oct. 1 and drop to $625,500, varying by county.

Stevens, the former director of the FHA, said he would like to see the limits extended through the end of 2012.

"While we had hoped improved economic conditions could warrant a return to the loan limits established by the Housing and Economic Recovery Act of 2008, the reality is that the temporarily higher loan levels are still needed. A number of bills have been introduced that would extend these limits and we urge Congress to address this important issue," Stevens said in the letter to Rep. John Boehner (R-Ohio) and Rep. Nancy Pelosi (D-Calif.).

Rep. John Campbell (R-Calif.) and Rep. Gary Ackerman (D-N.Y.) introduced just such a bill last week, which would extend the limits for another two years.

Extending the limits would run contrary to what the Obama administration proposed when it released its white paper on the future of housing finance in February. Officials suggested to Congress that the first step toward winding down Fannie and Freddie would be to allow the loan limits to expire in October.

But mortgage originations are set to fall to around $1 trillion in 2011 with new home sales falling 23% and existing home sales slipping 13% from last year, according to the MBA.

"The temporary loan limits authorized by Congress have benefited consumers and the housing market during what has been a turbulent period for our nation’s economy," Stevens said. "That decline is not over yet."

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Friday, July 22nd, 2011

The American Securitization Forum submitted a comment letter to the Consumer Financial Protection Bureau that stressed the importance of the proposed rulemaking in establishing “qualified mortgage” standards that are markedly different from what constitutes a "qualified residential mortgage."

A QM is a Dodd-Frank requirement that lenders make a reasonable determination that a consumer can repay a mortgage loan. A QRM would exempt a mortgage loan from a 5% risk retention requirement if included in a securitization. The trade group wants to be sure such a distinction is highly enforced.

ASF say they “support reforms that strengthen the confidence of the capital markets in the underwriting of residential mortgage loans.” The letter goes on to say that it hopes the proposal would be revised to clearly identify the definition of QM and what the consequences are of a loan rising to the level of QM status.

Under the reform, a mortgage lender is presumed to have satisfied the ability-to-repay requirement and receives some protection from liability when it originates a QM.

The proposal contemplates and requests protections such as a “safe harbor” from liability and presumption of compliance that could be rebutted.

“We look forward to working with the CFPB on this critical issue and hope that our comments help produce a final rule that balances the important need to protect consumers with the legitimate goal of providing institutional investors in the capital markets,” said Tom Deutsch, executive director of the trade group.

So far, reports show that recent mortgages are meeting the QM requirements.

The vast majority of recent vintage home loans from 2000 to 2010 already met the nine standards that must be achieved for a QM, according to a report from the Government Accountability Office.

Write to Matthew Torres.

Friday, July 22nd, 2011

Orchid Island Capital, an investor in residential mortgage-backed securities, lowered its proposed deal size on its upcoming initial public offering.

The Vero Beach, Fla.-based company now plans to raise $42 million by offering 5.2 million share for $8 each, according to Renaissance Capital.

Orchid Island previously filed to offer 7.5 million at a range of $10 to $12.

The firm is filing an IPO to switch to real estate investment trust status, which will allow for certain tax benefits, but limits the scope of investments.

As a REIT, Orchid Island will focus its investments primarily on Fannie Mae, Freddie Mac and Ginnie Mae mortgage-backed securities, according to sources close to the deal.

Orchid Island plans to list on the New York Stock Exchange under the symbol ORC.

Barclays Capital and JMP Securities are the lead underwriters on the deal, expected to price in the week of July 25.

Write to Jacob Gaffney.

Follow him on Twitter @jacobgaffney.

Friday, July 22nd, 2011

Following a discouraging second quarter, banks are looking for ways to further slim down balance sheets.

One highly popular option is to try and unwind real estate funds stake via the secondary markets in the next 24 months, according to a blog post by analytics provider Preqin.

"There are 34 banks and investment banks that are looking at the possibility of selling private equity or real estate fund stakes on the secondary market," writes Antonia Lee, senior research analyst in secondaries for Preqin. "Among the banks and investments banks looking to exit private equity fund stakes immediately is Bank of America."

Lee said Bank of America (BAC: 7.215 -1.16%) will likely offer a $250 million portfolio made up of about 50 private equity funds.

"A considerable 32% of banks and investment banks are looking to make a sale immediately, with a further 65% are looking to do so within the next 12 months," Lee said.

Indeed, quarterly results are not the only drag on bank's balance sheets.

"Increasing numbers of banks are looking to sell private equity fund investments in order to exit non-core assets or due to regulatory pressures, such as the Volcker Rule, which is forcing them to reduce exposure to alternative investment vehicles," Lee concludes.

Write to Jacob Gaffney.

Follow him on Twitter @jacobgaffney.

Friday, July 22nd, 2011

The Consumer Financial Protection Bureau issued its first substantial rule to the Federal Register Friday filling a regulatory gap for alternative mortgage originations.

The bureau opened Thursday without a director as Congress and the White House continue to debate how much power the bureau will yield. Some technical rules were issued then to exact the bureau's opening, but the rule issued Friday has a far more reaching impact.

It implements a section under the Dodd-Frank Act amending the Alternative Mortgage Transaction Parity Act of 1982. The amendment allows state-licensed loan originators to make alternative mortgages under federal law, rather than state law.

Dodd-Frank will transfer rule-writing authority to the CFPB in order to narrow the scope of this federal preemption, meaning these loans can only be made if they comply with CFPB rules.

However, Dodd-Frank did not transfer this authority to the CFPB before Thursday, so the CFPB had to file this interim final rule Friday in order to avoid suspending the AMTPA.

"Without an interim final rule that takes immediate effect, state housing creditors would no longer be able to make variable rate mortgage loans and other alternative mortgage transactions pursuant to AMTPA in states that prohibit such transactions, thus denying consumers access to that form of credit," the CFPB said.

According to the interim final rule, state-licensed lenders can invoke the federal preemption of state law under AMTPA until July 22, 2012.

"The CFPB does not believe that Congress intended its amendments to AMTPA to create a regulatory gap that would interrupt access to credit," the bureau said in the Register. "The CFPB finds that there is good cause to issue this interim final rule without notice and comment and effective immediately in order to avoid the risk of disrupting mortgage markets, placing state housing creditors at an inappropriate competitive disadvantage, and reducing consumers’ access to credit."

The CFPB said it notified lenders, consumer advocates, trade groups and state regulators ahead of time.

Outside the bureau, the launch has gotten off to a shaky start politically. Republicans and the White House are locked in a standoff over who will lead the CFPB. Republicans passed a bill Thursday night that would implement structural changes to the agency. Senate Republicans said they want these changes made before approving nominee Richard Cordray. The White House said it would veto the bill should it reach the president's desk.

Meanwhile, industry attorneys warn the longer the agency goes without a director the more regulatory gaps would need to be filled – either through the Federal Register or the courts.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Friday, July 22nd, 2011

[Update 1: Clarifies HUD extended deadline for entire program]

The Department of Housing and Urban Development extended the deadline for homeowners to apply for the Emergency Homeowner Loan Program to July 27.

Under the Dodd-Frank Act, HUD was required to put together EHLP, a $1 billion program that provides unemployed homeowners interest-free loans averaging $35,000 to help with their mortgage payments. The program is available in 27 states, plus five that run their own but similar programs.

Recipients must contribute a minimum $150 toward the mortgage payment themselves. HUD said it hopes to help up to 30,000 borrowers through EHLP.

Borrowers previously had until Friday to file applications with their state Housing Finance Agency, but will now be given an extra three business days. HUD will then randomly select a number of pre-screened applicants until the EHLP funding is used.

A HUD official initially told HousingWire Friday the program will be extended only for those agencies deemed undersubscribed, meaning any HFA that has not received the allotted number of pre-applicants. It could not be immediately determined how many agencies were undersubscribed or in what states they were located, the official said, but late Friday, HUD announced the deadline would be extended for the entire program.

The Homeownership Preservation Foundation, a nonprofit said its hotline was also granted an extension to July 27 to help homeowners apply for the program.

"We have seen a dramatic rise in applications to the Homeowner's Hope Hotline over the last 48 hours from homeowners seeking EHLP-related information and assistance, and we are very grateful for the extension that will enable us to help so many more unemployed, underemployed, and medically challenged people apply for the program and hopefully stay in their homes," said the foundation's CEO Colleen Hernandez.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.



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