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Archive for July, 2011

Wednesday, July 13th, 2011

A proposed rule that requires financial institutions to retain a 5% stake in the credit risk of securitized loan products should be revamped to ensure liquidity is not constrained in the commercial/multifamily sector, the Mortgage Bankers Association said in a letter to regulators this week.

Specifically, the MBA is challenging the proposed creation of Premium Cash Capture Reserve Accounts under Dodd-Frank to cover first losses stemming from loan securitizations.

The MBA believes the PCCRA, which would be created by MBS issuers to hold funds for future losses, should be eliminated in its entirety.

"We believe that it would be exceedingly disruptive to the CMBS market (which relies on the interest only tranche for expense recovery and a return on capital), and effectively would remove the financial incentive to issue CMBS, potentially eliminating CMBS as a potential source of permanent mortgage capital for commercial/multifamily real estate borrowers," the Mortgage Bankers Association said in a letter to regulators.

Instead, the trade group proposes establishing a retained credit risk by replacing the PCCRA with a risk formula that would multiply the net sale proceeds from a deal by 5% to establish retained credit risk on a vertical slice.

The MBA added, "For the horizontal slice, we believe the methodology should be based on the par value (defined as the par values of the securities, which for REMIC purposes equates to the unpaid principal balance of the loans securitized) multiplied by 5%, and that the net weighted average coupon of the qualifying horizontal slice be no less than that of the entire pool."

Write to Kerri Panchuk.

Wednesday, July 13th, 2011

The suspension of Maiden Lane II auctions by the Federal Reserve at the end of June dampened the outlook for prices of U.S. subprime credit default swap prices, Fitch Solutions said Wednesday.

The slight reversal in demand for Maiden Lane II assets, which the Fed acquired from American International Group (AIG: 25.02 -0.48%), ended what had become an unprecedented rise in subprime CDS prices, according to analysts at the ratings agency.

In May, U.S. subprime credit default swaps rose for the seventh month in a row, a positive trend that reversed course last month.

Overall, subprime CDS prices fell 1.8% in June, breaking a seven-month rally, in which prices experienced a 126% surge, Fitch said.

"Maiden Lane's subpar auction results have left an abundance of future subprime supply that will continue to pose as a short-term negative for subprime CDS prices," reported David Austerweil, director of Fitch Solutions.

"Price declines were evident in most vintages, with only the 2007 vintage increasing by 4.6%. In contrast, the 2004 and 2005 vintages declined by 1.9% and 2.9%, respectively. The 2006 vintage declined by a more modest 63 basis points after last month’s negative 8.4% drop," Austerweil added.

Delinquencies in the sector also rose with the 30-day delinquency rate rising 2.3% over the previous month and the 60-day delinquency rate shooting up 7.6%. The 2007 vintage alone experienced a 3.1% jump in delinquencies.

"After several months of stagnancy, the loan delinquency and foreclosure pipeline is beginning to move again," said Alexander Reyngold, senior director at Fitch Solutions. "There was an increase in loans moving to the later stages of delinquency last month. There was also a significant increase in loans moving from foreclosure to real estate owned. If a trend develops where a higher percentage of late-stage delinquency loans become real estate-owned, the foreclosure backlog may begin to clear."

Write to Kerri Panchuk.

Wednesday, July 13th, 2011

Prospect Mortgage will pay the Department of Housing and Urban Development $3.1 million to settle claims of kickbacks to mortgage professionals from the company's alleged "sham joint ventures."

This week, Fidelity National Financial agreed to pay HUD $4.5 million to settle kickback claims.

HUD said Prospect created hundreds of these joint ventures to share profits with lenders, servicers, real estate agents and brokers for the referral of these services. These arrangements allegedly allowed nonapproved offices to originate mortgages backed by the Federal Housing Administration.

HUD said the FHA never authorized this business structure, and said it was in violation of the Real Estate Settlement Procedures Act.

"The real test for any bona fide affiliate business arrangement is whether the affiliate has sufficient capital and employees to stand on its own two feet," said new Acting FHA Commissioner Carol Galante. "In this case, it was clear that these sham companies had neither and were merely sharing profits for the referral of business."

According to the agreement, Prospect denied the allegations and claimed it disclosed the business structure to HUD in a previous audit. Prospect said it assumed the business structure did not violate RESPA because of this disclosure.

HUD said these companies, however, had little to no employees, capital or offices. Prospect agreed to dissolve these ventures immediately along with paying the settlement.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Wednesday, July 13th, 2011

As huge numbers of foreclosed homes continue to work their way through the real estate pipeline, another problem is blossoming — mold.

In most homes, as residents go in and out and the seasons change, natural ventilation sucks moisture up to the attic and out through the roof. It's called the "stack effect." And in many parts of the country, it's driven by air conditioning in the summer and heat in the winter.

Wednesday, July 13th, 2011

A lead foreclosure fraud investigator for the state said she and a colleague were forced to resign from the Florida attorney general's office, unexpectedly ending their nearly yearlong pursuit to hold law firms and banks accountable.

Former Assistant Attorney General Theresa Edwards and colleague June Clarkson had been investigating the state's so-called "foreclosure mills," uncovering evidence of legal malpractice that also implicated banks and loan serv­icers.

Despite positive performance evaluations, Edwards said the two were told during a meeting with their supervisor in late May to give up their jobs voluntarily or be let go. Edwards said no reason was given for the move.

"It all happened very abruptly," said Edwards, who had worked in the attorney general's office for about three years.

Wednesday, July 13th, 2011

Federal Reserve Chairman Ben Bernanke said in a House committee hearing Wednesday the private market is set to fill the void when the conforming loan limits on government-backed mortgages expire in October – at a higher cost to homebuyers.

Congress raised the conforming loans limits in 2008 to allow Fannie Mae, Freddie Mac and the Federal Housing Administration to insure, guarantee and buy more mortgages at a time when private funding froze during the financial crisis.

Without an extension, the maximum mortgage amount will drop to $625,500 from $729,750 in high-cost areas on Oct.1.

"As far as Fannie Mae and Freddie Mac are concerned, there is a tradeoff there between supporting the higher priced homes and weaning the housing finance system off of unusual limits it was put under during the crisis," Bernanke said. "I understand the private sector is taking at least a significant number of the jumbo mortgage market but at a higher cost."

Researchers from George Washington University said the FHA already exceeds the market share needed to serve its targeted demographic of low- to middle-income homebuyers.

According to Capital Economics, only 5% of the loans bought or guaranteed by Fannie and Freddie fell above where the conforming loan limit will drop to in October.

However, a separate report from the National Association of Home Builders suggests more than 17 million homes across the country will become ineligible for cheaper federal funding – at a time when the housing market continues to struggle.

"These are not necessarily mansions, but there are many of them around the country that would be affected," Rep. Gary Ackerman (D-N.Y.) said at the hearing. "The housing market and the low level of new homebuyers is a huge problem."

Ackerman then asked Bernanke how Congress should reconcile the possibility that many homeowners will not buy homes in this higher bracket when they would otherwise be qualified to do so.

"I don't have an answer other than to say that we have to get our housing finance system back into working order," Bernanke said.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Wednesday, July 13th, 2011

The Consumer Financial Protection Bureau says it will spend the next few months accelerating its work on regulations associated with the agency's proposed mortgage disclosure forms, while also reviewing several mortgage-related rules proposed under the Truth-in-Lending Act that have yet to go into effect.

Before finalizing any new rules tied to the TILA-RESPA mortgage disclosure integration, Kelly Thompson Cochran, deputy assistant director for the CFPB, says the bureau will consult with a panel of small businesses to discuss any unforeseen consequences the rules could have on the marketplace.

Thompson Cochran made that statement while testifying on behalf of the CFPB in front of the House Subcommittee on Insurance and Housing.

The consumer protection bureau goes live on July 21, one-year after the signing of the Dodd-Frank Act that created the CFPB as a separate regulatory entity to oversee the mortgage finance and consumer credit space.

Thompson Cochran said the bureau, which has more than 100 employees ready for the agency's July 21 launch, is currently studying Dodd-Frank Act amendments to prepare for the agency's regulatory role in the segment.

The CFPB has a deadline of January 2013 to flesh out and finalize many of the lending and consumer rules that now fall under its jurisdiction, Thompson Cochran said.

Earlier in the year, the CFPB began testing two different sets of mortgage disclosure forms that combine the TILA and the Real Estate Settlement and Procedures Act forms into a single document.

"In response to our posting of the two initial prototypes, more than 13,000 users provided written feedback," Thompson Cochran said. "More than 7,000 came through the consumer version of the Internet tool and more than 5,000 through the industry version."

Write to Kerri Panchuk.

Wednesday, July 13th, 2011

A House subcommittee approved another round of six Republican bills late Tuesday night aimed at reforming Fannie Mae and Freddie Mac. But one was left out.

In May, House Republicans announced seven new bills to bring the total number to 15. On Tuesday, the subcommittee held votes on six, electing not to consider one of the bills from Rep. Randy Neugebauer (R-Texas) that would prohibit taxpayers from funding legal fees for former Fannie and Freddie executives.

According to a source familiar with the discussions, language in the bill is being reworked and will be re-introduced in the future.

The subcommittee did clear other legislation for a full committee vote. These bills would subject the GSEs to Freedom of Information Act Requests, prevented the Treasury Department from lowering the 10% dividend payment the GSEs owe, disposed of their "nonmission critical assets" and capped the total dollar amount on the bailout.

Another, which met the most resistance from subcommittee Democrats, abolished the Affordable Housing Trust Fund, which provides resources through the country for housing to low- to middle-income families.

But the only one to address a post-Fannie and Freddie housing finance system was introduced by Rep. Steve Stivers (R-Ohio). It would give the Federal Housing Finance Agency the power to not automatically replicate either of the GSEs if they are put into receivership.

"Receivership is not being considered at this time, and there is no timetable," Stivers said. "I think this approach makes sense, because it is not automatic and it gives Congress time to build a new model even if the FHFA decides to put Fannie and Freddie into receivership."

Neugebauer led an investigation into what executives were charging the GSEs to cover legal expenses after the crisis. Roughly $162 million has been spent defending Fannie, Freddie and former executives there in a variety of lawsuits.

Since conservatorship, Fannie alone paid $24 million in legal fees in defense for former CEO Frank Raines ($7.9 million), former Chief Financial Officer Tim Howard ($4.5 million) and former Controller Leanne Spencer ($11.8 million), according to data the congressman released earlier in the year.

Beyond the now 14 bills passed by the subcommittee addressing GSE reform, none of the three comprehensive bills that provide replacement for Fannie and Freddie have been taken up. Lawmakers from both side of the aisles demanded subcommittee leaders begin work on these bills, though no hearings have been set.

"These bills are the first steps toward GSE reform," said subcommittee chairman Rep. Scott Garrett (R-N.J.).

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Wednesday, July 13th, 2011

Federal Reserve Chairman Ben Bernanke is not ruling out additional securities purchases by the central bank as the economic recovery continues to sputter.

"Residential construction activity remains at an extremely low level," Bernanke told the House Committee on Financial Services Wednesday. "The demand for homes has been depressed by many of the same factors that have held down consumer spending more generally, including the slowness of the recovery in jobs and income as well as poor consumer sentiment."

Bernanke says access to credit and unstable home prices are stifling a recovery in the real estate economy.

The chairman reiterated the Fed's forecast the economy will pick up speed in coming quarters, but stopped short of sounding confident.

The "possibility remains that the recent economic weakness may prove more persistent than expected and that deflationary risks might reemerge, implying a need for additional policy support," Bernanke told lawmakers.

While lowering the federal funds rate is often one way to spur economic activity, lowering the funds rate again is impossible as it's remained near zero since December 2008.

"Another approach would be to initiate more securities purchases or to increase the average maturity of our holdings," Bernanke told lawmakers. The Federal Reserve "could also reduce the 25 basis point rate of interest it pays to banks on their reserves, thereby putting downward pressure on short-term rates more generally."

The Fed's accommodative policies have drawn criticism from economists and even a few Federal Reserve Bank leaders. The Fed's well-known QE2, $600 billion Treasury-bond buying program ended June 30, with many economists suggesting some type of stimulus would be retained to help the sagging American economy.

Christopher Whalen with Institutional Risk Analytics responded to Bernanke's Wednesday comments saying, "The FOMC cannot leave rates at current levels or the financial system will collapse. The cost-benefit tipping point on ZIRP has long since been passed."

Bernanke, himself, conceded in front of lawmakers Wednesday that further easing may be necessary to breath life into the markets, while also admitting the approach could create unforeseen consequences.

"Our experience with these policies remains relatively limited, and employing them would entail potential risks and costs," he said. "However, prudent planning requires that we evaluate the efficacy of these and other potential alternatives for deploying additional stimulus if conditions warrant."

He added if the economy evolves in a positive direction, the Fed could draw back by shrinking its balance sheet and increasing the federal funds rate.

At the moment, the Fed is projecting a 2.7% and 2.9% increase in gross domestic product for 2011 and 3.3 to 3.7% growth in 2012.

Write to Kerri Panchuk.

Wednesday, July 13th, 2011

Eric Schneiderman, the New York attorney general, has asked for information about the $8.5 billion settlement Bank of America and representatives of 22 large investment firms holding soured mortgage securities, indicating that he may intervene to challenge the deal. agreed to late last month by

Letters sent by Schneiderman’s office to the firms that agreed to the settlement point to concerns by the attorney general that the deal may have been struck without full participation by all investors who would be affected by its terms.



Origination/Lending
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Secondary Markets/Investors
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