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Archive for July, 2011

Thursday, July 21st, 2011

PNC Financial Services Group (PNC: 58.84 -0.10%) earned $912 million, or $1.67 per share, in the second quarter, up 13% from one year ago.

Revenue fell to $2.1 billion for the quarter from $2.4 billion last year. PNC reported $4.5 billion in nonperforming assets, which is down 9% from the first quarter and 22% lower than a year earlier. More than half of these loans were delinquent 90 days or longer.

PNC expenses increased 28% from one year ago, which the bank linked to an increase in foreclosure-related expenses.

Mortgage originations totaled $2.6 billion for the second quarter, down 18% from the previous three months. PNC said the drop came from a reduction in refinance volumes, offset somewhat by a slight increase in purchase loans offset.

Overall, mortgage applications at the bank rose 23% for the three months ended June 30. The loans that made it through origination were primarily backed by the government-sponsored enterprises or the Federal Housing Administration.

"Our earnings in a soft economy benefited from improving credit quality and exceptional customer revenue growth," said PNC CEO James Rohr. "We are confident in our ability to execute our business model and growth strategies which are designed to drive shareholder value."

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Thursday, July 21st, 2011

Initial jobless claims rose about 2.4% last week, staying higher than 400,000 for the 15th straight week.

The Labor Department said the seasonally adjusted figure of actual initial claims for the week ended July 16 increased by 10,000 to 418,000 from an upwardly revised 408,000 the previous week. About 1,750 initial claims last week were attributable to Minnesota state employees filing because of the government shutdown, according to the Labor Department.

Analysts surveyed by Econoday expected 415,000 new jobless claims last week with a range of estimates between 385,000 and 430,000. Most economists believe weekly jobless claims lower than 400,000 indicate the economy is expanding and jobs growth is strengthening.

The four-week moving average, which is considered a less volatile indicator than weekly claims, declined by 2,750 to 421,250 from 424,000 the prior week, which was revised upward slightly.

The seasonally adjusted insured unemployment rate for the week ended July 9 slid back to 2.9% from 3% the prior week, according to the Labor Department.

The total number of people receiving some sort of federal unemployment benefits for the week ended July 2 fell to more than 7.3 million from 7.48 million the prior week.

Write to Jason Philyaw.

Thursday, July 21st, 2011

Even though its commercial real estate lending business is comparatively flat, Fifth Third Bancorp (FITB: 13.17 +0.69%) bank is seeing higher net revenue from the residential side of mortgage banking.

Mortgage banking net revenue was $162 million in the second quarter of 2011, a 58% increase from the first quarter of 2011 and a 42% increase from the second quarter of 2010.

The bank's profit was $328 million, or 35 cents per share, compared to 2Q10 net income of $130 million or 16 cents per share.

"Fifth Third's second-quarter results were strong and reflected continued improvement in credit trends," said Kevin Kabat, CEO of Fifth Third. "Bottom-line results were the best Fifth Third has generated since 2007 and drove strong returns — a 1.2% return on assets, a 14% return on average tangible common equity, and 4% unannualized sequential growth in tangible book value per share."

Second-quarter 2011 mortgage originations were $3.1 billion, a decrease from $3.9 billion in the previous quarter and $3.8 billion in the second quarter of 2010. Second-quarter 2011 originations resulted in gains of $64 million on mortgages sold compared with gains of $62 million during the previous quarter and $89 million during the second quarter of 2010.

On the commercial side, by comparison, loan and lease balances were up $160 million sequentially and declined $761 million or 2 percent from the second quarter of 2010.

Commercial and industrial loans increased 2% sequentially and 7% compared with the second quarter of 2010. Average commercial mortgage and commercial construction loan balances declined by a combined 3% sequentially and 17% from the same period the previous year, reflecting continued low customer demand and tighter underwriting standards.

Mortgage servicing fees remained flat for the last 12 months, including mortgage servicing rights amortization and related valuation adjustments.

These net servicing asset valuation adjustments were positive $40 million in the second quarter of 2011 compared to negative $29 million in the second quarter of 2010.

The mortgage-servicing asset, net of the valuation reserve, was $847 million at quarter end on a servicing portfolio of $56 billion.

Write to Jacob Gaffney.

Follow him on Twitter @jacobgaffney.

Thursday, July 21st, 2011

BB&T (BBT: 26.88 -0.59%) reported $307 million in net income for the second quarter, or 44 cents a share, up 46% from the year-ago period as credit quality improved.

That compares to $210 million, or 30 cents a share, in the second quarter of 2010.

Like other financial institutions this quarter, the bank dropped its provision for credit losses by nearly 50%, putting aside $328 million for credit losses in 2Q, down from $650 million a year ago.

The Winston-Salem, N.C.-based regional bank's nonperforming assets declined to 2.32% of total assets, down from 2.9% a year ago. It also charged off fewer bad loans, 1.71% of average loans and leases were charged off, compared to 2.48% in the year-ago period.

"The pace of improvement in our credit quality accelerated this quarter," King said. "In particular, the 25% decrease in inflows of new nonperforming assets and $675 million in sales of problem assets resulted in a 13% decrease in nonperforming assets. In the last year, we have reduced nonperforming assets by approximately $1 billion to the lowest level in two years," Chairman and CEO Kelly King said.

The bank kept expenses in check and saw foreclosed property expenses decline nearly 40% to $145 million.

New business for the bank was anemic in the area of mortgages. Mortgage banking income for the bank dipped 24.5% to $83 million, down from $110 million a year ago.

Total deposits rose to $108 billion by the end of the quarter, up about 3.5% from $104.5 billion at the end of the 2Q 2010. Total assets rose by 2.7% to $159.3 billion.

Write to Kerry Curry.

Follow her on Twitter @communicatorKLC.

Thursday, July 21st, 2011

The Office of the Comptroller of the Currency took over supervision of 700 institutions and will absorb between 600 and 700 employees from the Office of Thrift Supervision Thursday.

The regulator merger comes under the Dodd-Frank Act. Lawmakers wanted to end the ability of lenders to shop regulators, which Countrywide Financial Corp. did in 2007 by switching from the OCC to the OTS. Just one year after the switch, the failing mortgage giant was forced to sell to Bank of America (BAC: 7.211 -1.22%) in a fire sale.

The OCC issued final rules Wednesday on how it will govern these smaller institutions. For instance, it added language, clarifying that federal savings associations will be subject to the same standards as national banks when determining if a state law obstructs or impairs a bank's powers.

The OCC also revised rules on investigations, allowing state attorneys general to bring enforcement actions in court to enforce applicable state laws.

After the transition is complete, the OCC will provide a single assessment schedule for both national banks and federal savings associations, which will pay the lesser of the two fees. For assessments charged in September 2012, the OCC will assess fees regardless of charter.

Kenneth Clayton, chief counsel for the American Bankers Association said the agency appropriately tightened its process for preemption decisions and the merger will solidify regulations under a single umbrella.

"This makes sense in a national economy. An efficient, well-regulated national system makes it easier for banks to grant credit to customers across state lines, promotes job creation and preserves our industry’s competitive structure," Clayton said. "A patchwork quilt of inconsistent state laws drives up the price of financial products and makes consumers’ financial lives more complicated."

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Thursday, July 21st, 2011

The Consumer Financial Protection Bureau officially opened Thursday, but critical structural changes could face many months of debate.

On Monday, nearly one year after the passage of the Dodd-Frank Act and one full year of the bureau's assembly, President Obama nominated former Ohio Attorney General Richard Cordray as director. But a group of 44 Republican senators, enough to filibuster an approval, pledged to thwart Cordray until a commission is established instead of a director and more power is given to the Financial Stability Oversight Council to veto CFPB rules.

Republicans are also seeking to move the CFPB funding onto the federal budget, which would give Congress oversight authority over how the money is spent.

"They are going to tie any changes to the structure of the bureau to any nomination. It's going to become quite interesting," said Rich Andreano, an attorney on the mortgage department of law firm Patton Boggs.

Obama said he would fight any changes to the structure of the bureau approved by Congress last year.

At a hearing Tuesday over the CFPB, Sen. Richard Shelby (R-Ala.), who drafted the letter, said the bureau cannot be held accountable the way it is currently drafted.

"This concentration of power violates our nation’s basic democratic principles," Shelby said. "Our national government was carefully crafted to diffuse authority and prevent one person from exercising power arbitrarily."

Adam Levitin, professor of law at Georgetown University, said at the hearing Tuesday it wouldn't make any sense to replicate the CFPB like other federal regulators that failed to catch the mortgage meltdown and the ensuing financial crisis.

But Levitin pointed out the CFPB is not without oversight. The bureau will be subject to small business reviews from the Office of Management and Budget, mandatory and annual audits from the Government Accountability Office and will be subject to the new Federal Reserve inspector general.

"It has shown an extreme willingness to listen to regulators, consumer advocates and financial institutions," Levitin said. "It's trying to find the right balance between consumer protection and ensuring we do not have too many restrictions on business."

But Andrew Pincus, representing the Better Business Bureau, said FSOC would need such a large majority to overturn a rule it deems would be a systemic risk that the veto power is almost negligible.

"The voting structure is set up to never have such an action," Pincus said.

Albert Kelly, the CEO of SpiritBank, said the CFPB will put too much regulatory weight on smaller banks like his.

"None of those banks are going to rise to systemic risk," Kelly said. "In fact, as a collection those banks will never rise to systemic risk. It's very, very difficult to take up the compliance with Dodd-Frank."

When Shelby asked if the CFPB would create any jobs, Kelly responded that it would have the opposite effect.

"Today, I can think of thousands of jobs that we could have funded, but if that loan came in we wouldn't even take it down to the committee. It would require imagination and creativity, and today, quite frankly most are running their banks to comply, not to generate business or create jobs."

Levitin noted the hundreds of thousands of jobs lost because there was no agency like the CFPB in place to protect consumers from these misleading and hard-to-understand loans.

Trade groups are beginning to weigh in as well. On Wednesday, the Mortgage Bankers Association CEO David Stevens sent a letter to Rep. John Boehner (R-Ohio) and Rep. Nancy Pelosi (D-Calif.) backing H.R. 1315 from Republicans that would establish a commission and give the FSOC more power.

"MBA consistently supported the legislation's underlying goal of merging disparate consumer financial regulatory functions under one roof," Stevens wrote. "The creation of the Bureau of Consumer Financial Protection, while achieving that goal, did so at the risk of assuring sufficient oversight and appropriate governance of the CFPB — something this bill aims to rectify."

While director of the Federal Housing Administration, Stevens assisted in passing the section under Dodd-Frank that established the CFPB structure he now supports changing.

"We passed the Dodd-Frank Wall Street Reform bill, which addresses many of the systemic issues in the financial system… And perhaps most important of all, it created a Consumer Financial Protection Bureau that will help protect consumers against precisely the kinds of negligence and abuse we’re now finding in the foreclosure processes of some servicers," Stevens testified in November 2010 before the House Financial Services Committee.

Stevens clarified in a statement to HousingWire that he has always supported the underlying goal of merging the disparate roles of other agencies under one roof, but the sheer size and scope of setting up something this large and influential requires changes.

"Any time you do a massive bill like this, policymakers find the need for amendments and technical corrections, and we think the changes we outline in the letter will improve the operation of the bureau," Stevens said.

The CFPB is set to open Thursday as the de facto regulator for the entire mortgage industry, from origination through servicing. However, without a director, the bureau would lose its authority over payday lenders, debt collectors and nonbank financial institutions.

Andreano said he understands the need for a commission that the director would report to and stressed that giving such a director too much power could back fire on Democrats. If a Republican president chooses to in the future, he or she could appoint a director with the power to gut the bureau and enforce very few actions. The problem with the legislation's language, Andreano said, is that it too often refers responsibilities to "the director" rather than "the bureau." That's unheard of in legislation setting up other agencies.

"The law of Dodd-Frank in this area it's very interesting. You read it and you say: Boy can someone proofread this?" Andreano said. "It refers to the bureau, and other cases to a director enough times you say: If there is no director, what can it do officially?"

Andreano doesn't see anything being settled on Cordray or the structural standoff until September when Congress comes back from its recess. In the end, even with the difficulties seen between the two parties over recent debt ceiling talks, Adnreano said a compromise will eventually be reached.

"I think there is room for debate. I could certainly see a compromise," Andreano said. "Maybe, if there is a commission in place with checks and balances, then maybe Republicans will agree to keep the bureau's funding off budget and outside of the political up-and-down. But the longer we go without a director, the more issues will arise."

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Wednesday, July 20th, 2011

A group of 12 members of the House of Representatives sent a letter to federal regulators Wednesday, urging them to make public the upcoming review of loan files at the 14 largest mortgage servicers.

Rep. Maxine Waters (D-Calif.) led the House letter, and an identical one was sent from a group of senators, led by Sen. Robert Menendez (D-N.J.). In April, servicers signed consent orders with the Office of the Comptroller of the Currency, the Federal Reserve, and the Office of Thrift Supervision, requiring these banks to correct mishandled foreclosures.

The consent orders require new processes and oversight be put in place, but they also mandated a review, conducted by an approved third party, of the servicers' loan files.

Regulators conducted their own review of roughly 2,800 foreclosure cases — 200 per servicer — and found evidence of a widespread problem.

The OCC previously said it would release a report on the findings but would not disclose individual bank statistics.

Lawmakers requested the regulators disclose the servicers' contracts with the consultants they hire to conduct the review, the specific action plans servicers will take to correct the problems, the foreclosure reviews and any other plans or polices these companies submit as part of the process.

Servicers submitted action plans and the engagement letters last week.

"We believe it is essential that the items listed above be made available to the general public or the public will lack confidence in both the foreclosure review process and results," the letter reads. "This is particularly the case because the foreclosure reviews are being performed by consultants who are chosen by the mortgage servicers themselves, and those consultants often have conflicts of interest in that they are not prohibited from getting future business from those same mortgage servicers."

The OCC said it would not mention which banks had the most problems, because such a disclosures would violate confidential bank supervisory information.

"We understand concerns about not revealing mortgage servicers' proprietary information, but also believe that some disclosure can be done on a bank-by-bank basis without compromising proprietary information," the lawmakers said.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Wednesday, July 20th, 2011

Nevermind that housing is in the doldrums and has been since 2007.

Seattle-based Zillow (Z: 26.952 +1.25%), a real estate website with listings and sales data on more than 100 million U.S. homes, soared Wednesday in its first day of public trading on the NASDAQ, closing at $35.77, up  nearly 79% from its initial offering price of $20 a share.

The share price gives Zillow, which has yet to turn a profit since its 2004 inception, a market valuation of more than $623 million based on 17.4 million shares outstanding.

At one point, in morning trading, the stock surged as much as 200% to $60 per share.

Zillow originally priced its 3.46 million-share IPO at $12 to $14, then raised it to $16 to $18 a share, before settling on $20.

The company has seen remarkable growth in revenue and users in recent years.

In May, 22 million unique users visited Zillow's website and mobile applications, representing year-over-year growth of 102%, the company said in regulatory filings.

Zillow generates revenue from local real estate professionals, primarily on an individual subscription basis, and from mortgage professionals and advertisers. During the three months ended March 31, it had revenue of $11.3 million, up 111% from $5.3 million in the comparable period a year ago, according to SEC filings.

For the years ended December 31, 2008, 2009 and 2010, it generated revenue of $10.6 million, $17.5 million and $30.5 million, representing year-over-year growth of 49%, 65% and 74%, respectively.

The company narrowed its net loss to $826,000 for the first quarter of 2011, from a loss of $2.8 million in the year-ago quarter. As of March 31, it had an accumulated deficit of $79.5 million, according to regulatory filings.

This year has been good for IPOs, as hungry investors snap up Internet stocks. Social networking site, LinkedIn Corp. (LNKD: 72.65 +0.36%), saw its shares more than double in its public trading debut in May.

LinkedIn's shares closed at $94.25 at the end of its first day of trading, more than 109% above its $45 IPO price.

IPO proceeds in the United States surpassed $10 billion for the third consecutive quarter, signaling the ongoing strength and attractiveness of the IPO market as an avenue to raise capital, according to US IPO Watch — an analysis of IPOs on U.S. stock exchanges by PricewaterhouseCoopers.

IPO proceeds in the second quarter reached $11.9 billion compared to $5.2 billion in the second quarter of 2010 — a 129% increase in total proceeds raised. The same period also witnessed increased in IPO volume — 47 IPOs compared to 41 in the second quarter of 2010 and 32 in the first quarter of 2011.

Year to date, as of the June 29 report, 79 pricings generated $24.3 billion in proceeds, more than double the amount raised for the first half of 2010, when 70 IPOs generated $9.4 billion.

Write to Kerry Curry.

Follow her on Twitter @communicatorKLC.

Wednesday, July 20th, 2011

[Update 1: Adds comment from Wells Fargo CEO]

The Federal Reserve fined Wells Fargo (WFC: 29.36 +1.07%) $85 million and issued a cease and desist order for allegedly steering prime mortgage borrowers into subprime loans, along with falsifying income information on applications.

It is the largest fine yet issued by a federal agency when protecting consumers. It is also the first enforcement action taken against a lender for allegedly steering borrowers into higher-cost, riskier subprime loans. In addition to the fine, Wells Fargo will be forced to compensate affected borrowers. The Fed also issued consent orders with 16 former Wells employees, prohibiting them from becoming employed within the banking industry again.

The Fed estimates between 3,700 and 10,000 borrowers could receive compensation. Each could get between $1,000 and $20,000, according to the central bank, but some may receive less or more than that range.

According to the order, Wells Fargo allegedly targeted borrowers who pursued a cash-out refinance into a subprime loan. The Fed alleges the incentive compensation and sales quota programs of the largest mortgage originator in the country urged staff to push subprime loans while inadequately managing risk in the programs.

In agreeing to the order, Wells Fargo did not have to admit to any wrongdoing. The bank said it would submit plans with 90 days. In July 2010, Wells closed this division, including 638 stores when it ceased originating nonprime mortgages.

Before and during the investigation, Wells fired the employees responsible and offered reduced interest rates and cash refunds to roughly 600 customers.

The banking giant is now required to re-evaluate qualified borrowers who took out a subprime, cash-out refinancing mortgage between January 2006 and June 2008.

Wells must also set up a procedure for borrowers to show their actual income did not qualify them for the loan the bank granted through falsified information. Any borrower who received a subprime, cash-out refinance between January 2004 and June 2008 must be given the opportunity to show their actual information, according to the Fed.

"The alleged actions committed by a relatively small group of team members are not what we stand for at Wells Fargo," said Wells Fargo CEO John Stumpf.  "Fair and responsible lending practices have been at the core of our culture, and they will continue to guide us as we work closely with the Federal Reserve to provide restitution to customers who may have been harmed, and to reinforce our internal controls so they further reflect Wells Fargo’s commitment to helping customers succeed financially."

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Wednesday, July 20th, 2011

The Federal Trade Commission will mail 450,177 refund checks totaling $108 million to homeowners allegedly overcharged on their mortgage by Countrywide Financial Corp.

"It’s astonishing that a single company could be responsible for overcharging more than 450,000 homeowners," said FTC Chairman Jon Leibowitz. "Countrywide’s unconscionable behavior harmed American consumers on a massive scale, and we are proud to be getting every single dollar back to hundreds of thousands of struggling consumers who can least afford to lose the money."

The FTC struck a settlement with Countrywide in June 2010 after alleging the subprime mortgage giant collected excessive fees from delinquent homeowners. The refunds will go to borrowers whose loans were serviced by Countrywide between Jan. 1, 2005, through July 1, 2008, and were subject to the allegedly illegal practices.

As part of the settlement Countrywide did not admit to any wrongdoing, just as its former CEO Angelo Mozilo did not have to when he settled with the Securities and Exchange Commission for $67.5 million for allegedly duping investors.

Countrywide was purchased by Bank of America (BAC: 7.211 -1.22%) in 2008, and BofA will be responsible for making the payments to borrowers.

"These claims related to an investigation that began prior to Bank of America’s acquisition of Countrywide and covered former Countrywide entities and transactions only, no legacy Bank of America transactions," the bank said in a statement sent to HousingWire. "Bank of America agreed to this settlement to avoid the expense and distraction associated with litigating the case."

According to the FTC, Countrywide allegedly used subsidiaries to hire vendors for property inspections, lawn mowing and other services while the borrower was in default. These subsidiaries allegedly marked up the prices charged by the vendors, sometimes by as much as double. Then, Countrywide would allegedly charge the homeowner for the marked-up fee.

Also, the FTC alleged Countrywide made false or unsupported claims to borrowers about the amount the owed during Chapter 13 bankruptcy proceedings. These borrowers were allegedly charged fees and escrow amounts without being notified.

The FTC directed those who receive checks to cash the check by Sept. 19. Each check will range from less than $500 to as much several thousand dollars.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.



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