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Archive for July, 2011

Friday, July 15th, 2011

Ocwen Financial (OCN: 13.81 +0.44%) is changing mortgage servicing recovery policies with its acquisition of Litton Loan Servicing.

The changes may impact non-agency residential mortgage-backed securities payments Ocwen said, adding it doesn't anticipate shortfalls and the process ultimately will be for the better.

"Ocwen understands that servicing transfers can impact the timing of bond cash flows and potentially bond ratings, if certain servicing practices utilized by the transferor servicer are different in practice or execution from those employed by Ocwen," said CEO Ronald Faris.

"In certain circumstances, this can cause cash shortfalls to investment grade bonds or swap counterparties," he said.

Ocwen estimates its advance recovery changes, when implemented upon the Litton transfer, will defer up to $25 million in servicing advance recoveries for about four to six months.

Ocwen acquired the Houston-based mortgage servicer from Goldman Sachs (GS: 109.85 +1.19%) for $263.7 million in early June. The companies expect to close the deal by the end of the year.

Faris said the changes are designed to avoid disrupting cash flows and eliminate shortfalls in payouts from the mortgages Ocwen services.

Some examples of the changes are in circumstances where Ocwen executes mortgage modifications at a higher rate than the previous servicer. This often leads to an uptick in senior advance recoveries.

However, Ocwen is confident the process of mortgage servicing transfer from Litton will go seamlessly and, once transferred, will lead to lower operating cost and higher profitability.

"Even though these adjustments are not legally required and will temporarily increase our cost of advance financing, we view them as part of the investment needed to successfully execute on our planned strategy," said Ocwen Chairman Bill Erbey.

"This updated policy combined with our ongoing success in rehabilitating a greater number of delinquent borrowers through loan modifications should generate more cash and lower overall pool losses thus benefiting all bondholders," he said.

Ocwen will look over each RMBS deal transferred from Litton. Prior to remittance, Ocwen plans to eliminate short falls by providing the capital needed to maintain sufficient cash flow on highly rated bonds as well as any required swap payments.

Write to Jacob Gaffney.

Follow him on Twitter @jacobgaffney.

Friday, July 15th, 2011

Rep. Barney Frank (D-Mass.) laid into Standard & Poor's Thursday, after the credit rating agency issued a report questioning whether the Dodd-Frank financial reform law really ended bank bailouts.

In a letter sent to the president of the agency, Frank said he should "reconsider your apparent decision to diversify into legislative analysis and political prognostication."

Friday, July 15th, 2011

Standard & Poor's put the country's triple-A sovereign credit rating on negative watch, as politicians continue to spar over the debt ceiling.

Treasury Secretary Timothy Geithner issued an Aug. 2 deadline for lawmakers to agree on changes to the current $14.29 trillion limit to avoid a default by the United States on its debt obligations. With that date just a few weeks away, lawmakers have yet to reach even a tentative deal.

Because of the "dynamics of the political debate on the debt ceiling, there is at least a one-in-two likelihood" S&P will lower its ratings on the U.S. within three months.

"Since we revised the outlook on our triple-A long-term rating to negative from stable April 18, the political debate about the U.S.' fiscal stance and the related issue of the U.S. government debt ceiling has, in our view, only become more entangled," S&P analysts said. "Despite months of negotiations, the two sides remain at odds on fundamental fiscal policy issues."

The credit ratings agency also put the country's short-term rating on credit watch negative, as the "current situation presents such significant uncertainty to the U.S.' creditworthiness."

The political wrangling in Washington also prompted Moody's to put the nation's credit on review for possible downgrade, earlier this week.

Write to Kerri Panchuk.

Friday, July 15th, 2011

California is considering joining New York and Delaware in a wide-ranging investigation into Wall Street's role in the mortgage meltdown that could lead to criminal charges against financial executives.

California Attorney General Kamala Harris met with New York Attorney General Eric Schneiderman on Thursday in San Francisco to discuss cooperating on the investigation, which is already one of the broadest to probe how banks encouraged the financial crisis through the creation of risky financial instruments backed by mortgages.

Friday, July 15th, 2011

Citigroup (C: 30.43 +0.16%) earned $3.3 billion, or $1.09 per share, in the second quarter, up 24% from one year ago and 11% higher than the previous quarter.

Revenue for the three months ended June 30 fell 1% from the year before to $16.3 billion, largely due to the legacy issues in the Citi Holdings portfolio, which the bank continues to scale down. Total assets for Citi Holdings dropped 34% from a year earlier to $308 billion and are now more than $500 billion lower than the peak of 2008.

The bank's second-quarter allowance for loan losses increased $2 billion from a year ago to $34.4 billion, however the amount of loans in 90-day delinquency on its balance sheet dropped 46% from one year ago.

"Citi achieved another solid quarter of operating performance as we continue to execute our strategy," CEO Vikram Pandit said. "We produced growth in both loans and deposits in Citicorp, reduced assets in Citi Holdings, continued to invest in our core businesses and improved our financial strength."

Chief Financial Officer John Gerspach said he expects the bank to begin returning capital to shareholders next year and end 2012 year at the 8% to 9% Tier 1 common capital ratio required under Basel III.

Citi's Tier 1 common ratio stood at 11.6% in the second quarter, up somewhat from a year ago.

"Although the near-term macroeconomic outlook is uneven, Citi is consistently profitable, and we remain focused on producing responsible growth by serving our clients," Pandit said.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Thursday, July 14th, 2011

Dallas-Fort Worth residential foreclosure postings for the August courthouse auctions dipped below 4,500 for the fourth consecutive month and have declined 14% compared to August 2010, according to Foreclosure Listing Service Inc.

FLS said 4,024 residences were posted for August foreclosure auctions compared to 4,671 notices in the year-ago period. The firm's president cautioned about reading too much into the numbers.

“Although this is certainly welcomed, good news … I believe the catalyst behind this slowdown is simply the fact that lenders are taking more time processing distressed properties scheduled for foreclosure and that they are trying to be more careful with paperwork,” according to George Roddy, president of Foreclosure Listing Service.

Last fall, servicers were caught up in a robo-signing scandal in which employees at law firms servicers employed were accused of filing documents en masse with no knowledge as to whether the information was correct. The scandal resulted several of the nation's largest banks placing a temporary moratorium on foreclosures and set off state and federal investigations.

Still, for the past six successive months in Dallas-Fort Worth, foreclosure postings have declined compared to the year-ago period, Roddy noted.

The deadline to file a foreclosure posting at the courthouse on a home to be auctioned off at the Aug. 2 foreclosure sale must occur no later than 21 days prior to the auction in Texas. The state has a nonjudicial foreclosure method, meaning mortgage servicers are not required to file a lawsuit and go through the courts to foreclose on a home.

Write to Kerry Curry.

Follow her on Twitter @communicatorKLC.

Thursday, July 14th, 2011

Home sales in the San Francisco-Bay area rose 14.5% between May and June, but still remain 4.5% below year-ago levels, real estate data firm DataQuick said Thursday.

La Jolla, Calif.-based DataQuick said the median sales price also rose sharply between May and June, hitting $377,750, up 1.5% from May but under the $410,000 median established last year.

The median price point has been unable to obtain year-ago levels with more home sales occurring in the sub-$300,000 price range, DataQuick said.

In all, the San Francisco Bay area recorded 7,998 new and resale home and condo sales last month, compared to 6,988 sales a month earlier and 8,373 in June 2010.

Comparing this June to last June is not an apples-to-apples comparison, considering June 2010 sales were bolstered by state and federal efforts to stimulate housing markets with tax credits, DataQuick said.

"It’s difficult to point to one specific thing that caused last month’s sales to jump more than usual from May," said John Walsh, DataQuick president. "It wasn’t just in the Bay Area – we saw it across much of the state. June likely benefited from a combination of factors, such as price reductions, low mortgage rates and perhaps a batch of short sale transactions from spring that took months to close. Bargain hunters, mainly investors and first-time buyers, remain very active."

The Bay area recorded the sale of 399 newly constructed homes and condos in June, down 43.8% from a year ago.

Distressed sales continue to have a place in the market, with foreclosure resales accounting for 26.2% of June resales, compared to 25.6% a year ago.

Short sales, or transactions where the property sold for less than what was owed, represented 18.3% of Bay Area sales.

Write to Kerri Panchuk.

Thursday, July 14th, 2011

The House Committee on Oversight and Government Reform will request foreclosure documents from 10 major mortgage servicers as part of an expanded investigation into possible mishandled foreclosures on military service members.

The ranking member on the committee Rep. Elijah Cummings (D-Md.) has been pushing committee chairman Rep. Darrell Issa (R-Calif.) to subpoena these companies to move his investigation forward.

In June, Issa asked Cummings to present "a clear case" before any such action is taken. Cummings gave a statement before a committee hearing, commending Elizabeth Warren and Holly Petraeus for building an emphasis on educating service members into the Consumer Financial Protection Bureau's plans.

Several banks have installed programs and whole divisions to ensure military service members are treated fairly under current law.

Cummings made his case at the hearing, pointing out that when banks overcharged military families millions of dollars on their mortgages and improperly foreclosed on some, an investigation should have been launched.

Issa said at the hearing the committee will inquire in different ways to the servicing companies. Some of them have already responded to Cummings' initial requests for documentation.

"Additionally, we’re going to make a request to the Veterans Affairs committee who has apparently done quite a bit of discovery, which is why we thought much of this was already done – bring that together and then see where we go from there," Issa said, though no plans for subpoenas were given.

Cummings requested emails, internal investigations, audits and reviews dating back to January 2006. But Issa sent a letter to Cummings late Thursday stipulating details of the agreement. The committee will send letters to the 10 servicers seeking documents necessary for them to understand the failures and what remedial measures have been put in place to prevent such failures in the future.

"Mr. Chairman, I want to thank you for your cooperation" Cummings said. "We just merely trying to zero in on this problem, and I know you share my concerns and all of our concerns, and so I really appreciate this."

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Thursday, July 14th, 2011

MBIA's (MBI: 12.04 +0.33%) stock soared Thursday as rumors circulated suggesting Bank of America (BAC: 7.22 -1.10%) agreed to settle pending claims with the bond insurer.

MBIA alleges it was left holding the bag on toxic mortgages it insured for Countrywide Financial, which was later acquired by Bank of America.

A source told HousingWire there were rumors on Wall Street that a settlement offer was made to MBIA by BofA, but no details were available as of Thursday afternoon. Bloomberg first reported the story, citing anonymous sources familiar with the agreement.

MBIA had no comment. BofA couldn't immediately be reached.

An analyst with CreditSights predicted a possible settlement between the bond insurer and Bank of America last week as he raised his outlook for MBIA. At the time, Rob Haines with CreditSights said any settlement between MBIA and Bank of America would add liquidity that could help the insurer throughout the course of the next few years.

Earlier this month, an appeals court refused to throw out a fraud claim that MBIA brought against BofA and Countrywide. In the suit, MBIA alleged Countrywide fraudulently represented mortgage-backed securities that MBIA ended up insuring.

Write to Kerri Panchuk.

Thursday, July 14th, 2011

Freddie Mac directed its servicers to fully participate in the Emergency Homeowner Loan Program, which provides mortgage assistance for the unemployed.

The Dodd-Frank Act authorized the Department of Housing and Urban Development to allocate $1 billion toward EHLP in the form of interest-free loans to roughly 30,000 borrowers in 27 states and five others with a similar program. The loans can range as high as $50,000, but HUD expects the average amount to be $35,000. The borrower must put at least $150 toward the monthly mortgage payment themselves.

Borrowers have until July 22 to apply for assistance.

Fannie Mae directed its servicers last month to fully participate in the program as well.

Freddie said its servicers will suspend foreclosure proceedings once notified the borrower has been approved for EHLP assistance, regardless of the initial application date. This differs from Fannie's guidance which states the servicer could suspend a foreclosure as long as the application date comes more than 30 days before the foreclosure sale date.

Freddie servicers must contact the appropriate agency if the they do not receive payment in order to determine whether or not EHLP assitance was terminated. Borrowers are allowed to miss one monthly mortgage payment after receiving program funds. If they do not make it up the following month, the funding can be cut off.

"If assistance has not been terminated, servicers must communicate with the borrower to ensure payment is remitted to the appropriate agency," Freddie said. "If assistance has been terminated, servicers must resume appropriate collection efforts."

Write to Jon Prior.

Follow him on Twitter @JonAPrior.



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