Archive for July, 2011
Bank of America (BAC: 7.21 -1.23%) reported an $8.8 billion loss in the second quarter, or 90 cents per share, driven by the latest settlement with mortgage-backed securities investors.
BofA settled representation and warranty claims from a group of RMBS investors led by Bank of New York Mellon (BK: 20.08 +0.40%) in June for $8.5 billion. BofA assumed responsibility for the securities from Countrywide Financial Corp. when it bought the lender in 2008.
The second quarter loss follows a $3.1 billion gain one year ago.
"Obviously, the solid performance in our underlying businesses continues to be clouded by the costs we are absorbing from our legacy mortgage issues," said BofA CEO Brian Moynihan.
In addition to the reps and warranty issues, BofA saw an $885 million reduction in its mortgage servicing rights as a result of higher servicing costs. In April, BofA signed a consent order with federal regulators, requiring a new servicing structure to provide borrowers with a single point of contact and other benefits.
Another $716 million cost came from foreclosure delays the bank does not expect to recover and $1.9 billion in litigation expenses.
The bank's real estate sector also saw a $604 million reduction in income, due to a decline in new mortgage originations, the bank said. Overall market demand, a drop in market share and its exit from the wholesale lending business all contributed to the decline. However, the production loss was offset by the $752 million gain from its sale of Balboa Insurance Co.
Nonperforming loans and foreclosed properties dropped to $30 billion from $35 billion one year ago, according to the bank. While improvements in most sectors allowed the bank to reduce its provision for credit losses to $3.3 billion, it had to add $412 million in loan reserves for real estate portfolios in previously acquired.
"We intend to continue our efforts to put the mortgage uncertainty behind us, build capital through the strength of the franchise, and deliver the returns for shareholders that we owe them," Moynihan said.
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Tags: Balboa, Bank of America, Bank of New York Mellon, earnings, foreclosure, mortgage, RMBS, second quarter, Servicing/Default
Posted in Secondary Market/Investors, Slider, Top Stories | 4 Comments »
[Update 1: Corrects attribution to Fannie Mae's Dorothy Siple]
This spring's servicing alignment between Fannie Mae and Freddie Mac emphasizes early engagement and rapid resolution of troubled loans, an economist at the Federal Housing Finance Agency said.
The GSE servicing alignment was a key topic of discussion Monday during the first day of a two-day Dallas loss-mitigation conference sponsored by SourceMedia.
Some 7 million loans nationally are delinquent or in the process of foreclosure. Analysts also estimate that about 5 million to 6 million loans are underwater, meaning borrowers owe more on the homes then what they are worth. To top things off, distressed sales still make up some 30% of all housing sales, depressing house prices in many markets around the country.
The FHFA, as the GSEs' regulator, seeks market stability while retaining human capital, limiting risks and mitigating losses, said Patrick Lawler, chief economist and associate director at the FHFA, who talked about the regulator's goals during the conference.
The FHFA wants to put Fannie Mae and Freddie Mac on the right path in what is still an uncertain future as Congress grapples with housing reform and its many complexities, especially as it relates to the pooling and securitizing loans.
The alignment, which was unveiled in April, is part of the process to improve the way the GSEs work with the mortgage servicing sector.
Lawler noted that the new process has "more incentives and penalties," for servicers, ends dual tracking — a procedure in which a foreclosure and a loan modification are considered simultaneously — and attempts to engage the borrower much earlier in the loss-mitigation process.
Part of the goal is to help servicers be more efficient in their loss-mitigation efforts — and to help the GSEs reduce their losses, said Steve Clinton, senior vice president of servicing operations for Freddie Mac.
"We are trying to reduce credit losses. We each have thousands and thousands of delinquent loans," he said.
The servicing alignment also is designed to provide more consumer care, he said.
While some have called the alignment a game changer, Clinton sees it more as a "return to the basics" of what he refers to as "old-fashioned loss-mitigation" strategies. What was unusual, he noted, was that the two GSEs — staunch competitors — sat down at the same table to work out the details. Conservatorship via one regulator for both agencies made that possible, he said.
Dorothy Siple, a Fannie Mae analyst, said the new alignment contains "a bunch of benchmarks" that servicers are expected to meet.
When the mortgage servicer receives something from the borrower, for example, the servicer is supposed to acknowledge the receipt of the information within three days, a process meant to stem numerous consumer complaints of servicers routinely lose borrowers' documents.
"The servicer needs to look to see if the documentation is complete. If it's not, they need to send out an incomplete letter within five days," she said. There are additional benchmarks and deadlines, like how quickly phones should be answered at call centers and how much time is available to review borrower documentation submitted for potential loan modifications.
Completed paperwork results in a $500 incentive for servicers, she noted. Timelines also exist for how quickly servicers should contact borrowers when a loan goes delinquent. They shouldn't be waiting more than three days, she said, in high-risk cases.
In all, Clinton said he hopes the mortgage servicing industry supports the changes.
"We are hoping the industry rallies behind it," he said.
Write to Kerry Curry.
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Tags: distressed borrowers, Fannie Mae, Federal Housing Finance Agency, FHFA, foreclosure, freddie mac, GSE, loss mitigation, Patrick Lawler
Posted in Servicing/Default, Top Stories | No Comments »
A bill introduced by Sen. Barbara Boxer (D-Calif.) would clear many barriers for underwater homeowners hoping to refinance into a new mortgage but it doesn't address one risk originators may be unwilling to take on.
The Boxer bill would eliminate upfront fees and loan-to-value ratio restrictions Fannie Mae and Freddie Mac put on borrowers looking to refinance. Barclays Capital analysts pointed out Monday the Boxer bill does not address the representation and warranty risk that would transfer to the originator of a newly refinanced loan.
Through rep and warranty claims, investors of mortgage-backed securities can hold originators accountable for soured loans they feel were not underwritten properly. Bank of America (BAC: 7.21 -1.23%) recently agreed to pay $8.5 billion to a group of RMBS investors to settle rep and warranty claims and nearly $3 billion to Fannie and Freddie.
"Rep and warranty risks reset when loans are refinanced, so refinancing a high risk loan transfers that risk to the originator of the new loan. Without alleviating this risk, we believe it is doubtful underwriting standards will ease, making a refinancing wave from the passage of the bill unlikely," BarCap analysts said.
J.T. Smith, the chief investment officer of the boutique investment bank Aristar Funding Corp. said rep and warranty problems would "absolutely hold up" the Boxer bill.
"The clock on rep and warranties start over as a refinance, and you have first payment defaults to worry about, early payment defaults within the first 12 moths, etc.," Smith said. "Repurchase waivers will be needed for an originator to consider it."
Ross Miller, president of the Louisiana-based Miller Home Mortgage said since he started his own business in 1998 a lender has come back to him only once on a rep and warranty claim, which was eventually dropped. As an independent broker, Miller said he is bound by the program Fannie, Freddie or any bank creates. Only if a broker decides to stray from that program will that broker be held accountable, he said.
"It's not an issue with me. Maybe that's because I try to be ethical," Miller said. "All we have is the menu at the restaurant, and we're selling what's on the menu. Right now, the menu is very conservative."
Miller said he supports a program that would reduce the upfront cost for refinancing and even eliminate LTV restrictions. Brokers, real estate agents, title companies and even mortgage insurers would be on board simply because they have so little business these days, Miller said.
Those on the investment side, however, have been more critical of such a move. Smith said the initial spike in foreclosures was caused by the option adjustable-rate mortgage resets, followed by unemployment and now the spread of negative equity.
"Two of these are because of the inability of the borrower to afford their house any longer, but the underwater borrower has become one leading to strategic defaults," Smith said. "These borrowers that the 'Boxer Bill' targets are more apt to strategically default, than they are to default because of payment affordability."
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Tags: Aristar Funding Corp., Bank of America, Barclays Capital, Boxer bill, Fannie Mae, freddie mac, Refinancing, reps and warranty
Posted in Servicing/Default, Slider, Top Stories | 4 Comments »
The National Credit Union Administration filed another lawsuit in California against the Royal Bank of Scotland (RBS: 8.66 +0.58%).
The administration acts as a federal insurer and liquidator of credit union liabilities. In the suit, the NCUA is alleging that a failed credit union, WesCorp, bought securities from RBS where the risk of losses were not appropriately disclosed.
This law suit follows two similar legal proceedings filed in the Federal District Court of Kansas June 20 against J.P. Morgan Securities(JPM: 37.2492 -0.64%) and RBS.
The NCUA said added in a statement today that it is not finished pursuing litigation in order to recover some of these losses.
"NCUA continues to carry out our responsibility to do everything reasonable in our power to seek maximum recoveries," said NCUA board chairman Debbie Matz. "By these actions we intend to hold responsible parties accountable."
"We expect to file additional actions, seeking damages in the billions of dollars," Matz added. "Those who caused the problems in the wholesale credit unions should pay for the losses now being paid by retail credit unions."
This action seeks damages in excess of $629 million, totaling more than $1.5 billion when added to the damages sought in the previous filings.
The NCUA is also alleging that the securities RBS sold to WesCorp contributed to its collapse.
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Tags: JP Morgan, mortgage-backed securities, NCUA, RBS, RMBS
Posted in Secondary Market/Investors, Top Stories | No Comments »
Despite uncertainty about the debt ceiling and an unemployment rate that remains stubbornly higher than 9%, Freddie Mac said the housing market is unlikely to experience a double dip.
In its July economic and housing market outlook report, Freddie said the market "will likely follow the performance of the overall economy for the remainder of 2011" with home sales projected to rise above last year's pace by 3% to 5%.
Freddie noted the 9.2% unemployment rate remains a concern, but said "the sluggish job update likely reflects a temporary soft patch in the economy rather than foreshadowing an inflection point in gross domestic product growth."
The one segment of the market were a turnaround is taking place is rental housing, with Freddie's first-quarter apartment property price index up 15.2% from last year. The Federal Housing Finance Agency purchase-only house price index in the U.S. rose 0.8% in April when compared to March.
"Following June's labor market report, households are naturally concerned about their financial futures, which is being reflected in the housing market," said Frank Nothaft, Freddie Mac, vice president and chief economist. "Yet, the single-family market will likely improve over the balance of 2011, in keeping with positive GDP forecasts for the United States."
Write to Kerri Panchuk.
Tags: double-dip, Federal Housing Finance Agency, freddie mac, home prices, housing
Posted in Secondary Market/Investors, Top Stories | 3 Comments »
Global consumer confidence declined to its lowest level in six quarters, as economic recovery hit a stumbling block and recessionary jitters reverberated around the world, according to a second-quarter survey from Nielsen Co.
“There wasn't enough positive news to inspire confidence among global online consumers in the second quarter,” said Venkatesh Bala, chief economist at The Cambridge Group, a part of the global marketing and research firm.
Weak economic figures and an intensifying debt crisis in Europe were among factors to blame for the weak sentiment, Bala said.
In the U.S., rising household expenses have taken their toll on consumers' fragile confidence. Hopes for a full, global recovery in the next 12 months weakened substantially in the second quarter, the New York-based firm said.
The Nielsen survey tracks consumer confidence, major concerns and spending plans among more than 31,000 Internet consumers in 56 countries. Consumer confidence levels above and below a baseline of 100 indicate degrees of optimism and pessimism.
In the latest survey, conducted between May 20 and June 7, global online consumer confidence fell from 92 to 89 — its lowest reading since the final quarter of 2009. Confidence in the U.S. fell five points to 78, two points lower than the 80 points recorded in the first half of 2009 at the height of the global recession.
Gas prices, a weak jobs market and the stagnant housing market with continuing high rates of foreclosures are among consumers' concerns in the U.S., Nielsen said.
Earlier Monday, the National Association of Home Builders said optimism in that sector bounced back this month as some markets show deal-seeking consumers coming to market.
Write to Kerry Curry.
Follow her on Twitter @communicatorKLC.
Tags: consumer confidence, European debt crisis, foreclosure, Nielsen, recession, The Cambridge Group
Posted in Origination/Lending, Top Stories | No Comments »
President Obama introduced Richard Cordray Monday as his nominee for director of the Consumer Financial Protection Bureau and rebutted requests for the structural changes to the bureau many Republicans in Congress are calling for.
The CFPB opens Thursday as the primary regulator of the entire mortgage industry. It will change how mortgages and other loans are disclosed to consumers and continue enforcement against mortgage servicers started by federal regulators last year. On Monday, Obama nominated Cordray, the former Ohio Attorney General and the bureau's current chief enforcement officer, as director.
"He took this job because he believed so deeply in the mission of the bureau," Obama said at a press gathering Monday. "He helped recover billions in pension funds on behalf of retirees and stepped up the state's mortgage lending requirements for consumers."
But a group of 44 GOP Senators, led by Rep. Richard Shelby (R-Ala.) sent a letter to Obama in May, refusing to vote for any nominee until structural changes to the agency were made, including approving one bill that would establish a commission, not a director. According to Dodd-Frank, if there is no director by Thursday, the CFPB could lose its supervisory role over payday lenders, debt collectors and nonbank financial institutions.
Elizabeth Warren, the architect of the CFPB and special adviser to the president and Treasury Department, said in a Monday morning op-ed that Cordray has a track record for defending consumers and pushed back against efforts from Senate Republicans to defang the bureau.
"There's lots of good news, but make no mistake: this agency still has enemies in Washington. And they have a plan," Warren said. "I remain hopeful that those who want to cripple this consumer bureau will think again and remember that the financial crisis — and the recession and job losses that it sparked — began one lousy mortgage at a time."
In a statement sent to HousingWire, Shelby said Obama has not addressed Republican demands to restructure the CFPB and he stood by the promise made in the letter.
"Until President Obama addresses our concerns by supporting a few reasonable structural changes, we will not confirm anyone to lead it. No accountability, no confirmation," Shelby said.
A spokesman for Rep. Randy Neugebauer (R-Texas), who supported the commission bill introduced this year, said the West Texas congressman's concern wasn't with who would run the bureau but with how much power the agency would yield.
"It is just problematic because this one person has a huge swath of leeway based on how the agency has been constructed," the Neugebauer spokesman said.
Rich Andreano, an attorney on the mortgage department of law firm Patton Boggs, said he doesn't expect any resolution on the Cordray nomination until the fall. Republicans have enough members of Congress pushing against a director for the bureau to filibuster an approval.
"I think the really important question here is: What does this nomination get tied to?" Andreano said. "The issue then becomes: When can it finalize rules? If there's not a director at the time a rule is finalized, I could see people going to court over it."
Obama once again signaled Monday that he would not bend to the demands.
"There's been an effort from banks and lobbyists, who've spent tens of millions of dollars this year to undo the progress that we made. We're not going to let that happen. There were abuses, and there was a lack of strong regulations. We're not going to go back to the status quo," Obama said. "I will fight any efforts to reform the important changes we passed."
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Tags: CFPB, Consumer Financial Protection Bureau, Cordray, Elizabeth Warren, obama, Republicans, Shelby, Treasury
Posted in Origination/Lending, Slider, Top Stories | 5 Comments »
Trepp, a provider of commercial mortgage-backed securities data, said 42.4% of CMBS loans managed to pay off on their scheduled balloon dates in June, up from 34% in May but still well below the 50% mark.
The increase in loans making their balloon payments on time arrives after the analytics firm reported two consecutive months of declines in the percentage of borrowers able to pay their loans at the maturity date.
The June pay-off percentage rate was well above the 12-month rolling average rate of 39.6%, suggesting more borrowers were able to meet the terms of their loans.
When evaluating the data by loan count, as opposed to balance, 56.1% of all loans paid off in June, up from 48.1% in May, according to Trepp
Despite the firm noting an upward trend in the number of loans making their scheduled balloon payments, the payoff percentage is still well below 2008 levels when more than 70% of borrowers met the demands of their payment schedules, Trepp said.
Write to Kerri Panchuk.
Tags: balloon payments, CMBS, commercial mortgage-backed securities, Trepp
Posted in Secondary Market/Investors, Top Stories | No Comments »
Realtors who belong to the Mainstreet Organization of Realtors and the Realtor Association of NorthWest Chicagoland approved a merger of the two groups, creating the fourth largest Realtors' association in the United States.
Combined the merged agencies will have 16,000 members serving 185 communities in Cook County, DuPage County and Lake County, Ill.
Operations for both associations will continue under the Mainstreet brand.
The Realtor groups will officially become one entity on Oct. 1, bringing associated real estate agents that serve the west, south and northwest suburbs of Chicago under one umbrella. The merger is expected to improve expenses while ensuring the association continues to provide quality products and services to members.
“We will be able to enhance service to our members, while putting our organization in an extremely solid position moving forward,” Mainstreet President Christine Chase said. “Pending home sales are up nationwide, and we want to be ready when the market turns.”
The merger was first proposed a few months ago. Members overwhelming approved the merger after Realtors began voting on the propose deal last week.
Write to Kerri Panchuk.
Tags: housing, Mainstreet Organization of Realtors, Realtor Association of NorthWest Chicagoland, Realtors
Posted in Origination/Lending, Top Stories | 2 Comments »
Richard Cordray is the official nominee to head the Consumer Financial Protection Bureau. If Congress approves the Presidential nomination, he will assume the top spot at the agency.
Elizabeth Warren has served as the architect of the new federal regulator, but her potential nomination to lead the bureau was met with fierce opposition from Republicans in Congress. In May, they thwarted a potential recess appointment by deciding not to adjourn.
In March 2010, HousingWire magazine published an exclusive interview with Cordray, the then Ohio attorney general, who today heads enforcement at the CFPB. In it, he described himself as "highly dissatisfied" with the current state of mortgage servicing.
Cordray told HousingWire of aspirations to continue as Ohio AG, in part, to continue his lawsuits against mortgage servicing firms. At the time of the interview, he had lawsuits pending against Fannie Mae, Freddie Mac, AIG, Bank of America and others.
Though he lost a reelection bid, it appears with this nomination, he is exceeding those goals.
The CFPB is only days away from officially opening its doors. If Cordray is to lead it, what can the mortgage finance industry expect?
In the HousingWire interview, Cordray clearly places blame on poor mortgage originations, the greed of Wall Street and the ratings agencies for creating the Great Recession. He is a foe of foreclosures in most cases and believes all mortgage conflicts can be solved through clear and open negotiations.
In response to a question on the predicted outcome of his numerous lawsuits against mortgage servicers, Cordray said: "It doesn't have to be litigated all the way to the end, it could be a consent decree — that they would agree to offer loan modifications on the terms roughly that are being prescribed in HAMP and that they would do it on a clean basis without adding fees and other charges, most of which are unjustifiable."
As the Ohio AG, Cordray spent as many as 18 months investigating a single firm and assigned task forces with the mandate to "crack down."
Cordray made an ominous prediction on big mortgage servicers during his 2010 HousingWire interview: "We have sued three of them so far; we may have to sue others."
As head of the CFPB, Cordray likely will be open to creating a clear path for mortgage customers to file complaints against industry firms and individuals. He calls mortgage servicers to task for not answering the phone and not processing nor correctly filing paperwork. It is a fair expectation that Cordray will demand a higher level of customer service at the CFPB.
And he will probably go after the credit ratings agencies, based on comments in the HousingWire interview.
"We think that our pensions systems are entitled to compensation for bogus ratings given by the credit ratings agencies that, frankly, were not justified, and were driven by fee-based considerations for the ratings agencies," he said last year.
Mortgage servicers grumbled at their treatment at the hands of Cordray while Ohio AG. However, his reputation as an excessive litigator, he said, is unwarranted.
"I would characterize myself as a friend of theirs in the sense that we are trying to get them to do what's in their long-term self interest, and we're trying to get them to be responsive to their customers," he said.
"I would not characterize us as the enemy," Cordray stated. "I would say that we're highly dissatisfied with their work."
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Tags: AIG, Bank of America, CFPB, Consumer Financial Protection Bureau, Elizabeth Warren, Fannie Mae, foreclosures, freddie mac, loan modifications, mortgage servicing, originations, ratings agencies, Richard Cordray, Wall Street
Posted in Origination/Lending, Slider, Top Stories | No Comments »











