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Archive for July, 2011

Thursday, July 28th, 2011

Homebuilder D.R. Horton Inc. (DHI: 14.182 +0.44%) beat analysts' estimates Thursday, posting a profit of $28.7 million, or 9 cents per share, for its fiscal third quarter.

Income for the three months ended June 30 beat the average analyst estimate of 6 cents a share. The company's third-quarter earnings are lower than the $50.5 million, or 16 cents per share, of a year earlier, as the company closed on fewer homes. D.R. Horton closed 4,555 sales in the third quarter, down from 6,805 last year.

Total homebuilding revenue fell to $975.4 million from $1.4 billion, while D.R. Horton's order cancellation rate climbed to 27% in the third quarter.

"Market conditions in the home building industry are still challenging, with high foreclosures, significant existing home inventory, high unemployment, tight mortgage lending standards and weak consumer confidence, which are all contributing to weak housing demand," said Donald Horton, chairman of the nation's largest homebuilder. "However, housing affordability remains near record highs, interest rates are favorable and new home inventory is still very low."

The company repaid the remaining $70.1 million principal on its 6% senior notes and redeeming the remaining $112.3 million of its 5.375% senior notes due in 2012 during the quarter.

At the end of the quarter, the firm had $1.1 billion in unrestricted cash and marketable securities.

"We are proud of the results our team achieved this quarter," Horton said. "Sequentially, our home building revenues grew $242 million, home sales gross margins improved by 30 basis points and home building SG&A decreased by approximately $10 million. Additionally, our net sales orders in the June quarter were about flat with the March quarter, reflecting a traditional seasonal demand pattern."

Write to Kerri Panchuk.

Thursday, July 28th, 2011

[Update 1: Adds comment from MERS]

Mortgage Electronic Registration Systems, the electronic mortgage registry system at the center of debate over the foreclosure crisis, is further distancing itself from the foreclosure process by publishing new guidelines for members.

Parent company Merscorp Inc. issued new foreclosure guidelines on its website, advising members not to foreclose nor initiate legal proceedings in a bankruptcy in the name of MERS.

As HousingWire reported, MERS first told members not to foreclose in its name in February. MERS advised members then to bring foreclosures "only in the name of the holder of the note, in the name of the trustee or the servicer of record acting on behalf of the trustee."

Now, before a member begins a foreclosure proceeding, an "assignment of the security instrument from MERS must be executed by the member's MERS signing officer and sent for recording," at the county clerk's office, according to a new set of transitional procedures.

The changes come after months of legal wrangling in local and appellate courts across the country over MERS' role as a party to foreclosure. There are about 32 million U.S. mortgages, or 60% of all American homes, tied up in MERS.

The drumbeat against MERS intensified last fall as robo-signing — the signing of foreclosure affidavits of indebtedness en masse, without proper review — surfaced. The robo-signing scandal caused several large servicers to temporarily halt foreclosures as they reviewed their procedures.

Earlier this year, Freddie Mac advised servicers not to foreclose in the MERS name.

MERS responded to inquiries about the change saying it's important to note "foreclosure wasn't central to our core business purpose and there were no benefits to us – MERS never got paid anything for foreclosures done in its name."

Company spokesperson Janis Smith added, "As a common agent, or nominee, for MERS members, MERS is the mortgagee of record on the loan and does have the authority to act on behalf of the owner of the loan. Foreclosures in MERS name are legally possible, and some members wanted to do it, but in recent years most MERS members were already assigning loans out of MERS and foreclosing in their own names."

Write to Kerri Panchuk.

Thursday, July 28th, 2011

Title insurance and settlement services provider First American Financial Corp. (FAF: 15.07 +0.67%) posted a second-quarter profit of $32.3 million, or 30 cents per share, on revenue of $927.3 million.

Income for the three months ended June 30 fell about 4% from $33.8 million, or 32 cents per share, a year earlier, when revenue was $969.9 million.

Santa Ana, Calif.-based First American executed an expense reduction program in the quarter that is expected to yield $40 million in annual savings. The firm cut costs after studying current conditions in the mortgage and real estate markets.

In its title insurance and services division, revenue fell 5% from last year to $857.3 million on a decline in direct and agent title premiums, as well as lower investment gains.

Revenue from direct premiums and escrow fees fell 8% from last year as the company experienced an 18% drop in direct title orders. The average revenue per title order fell 12% to $1,548 in the second quarter.

“We will continue to focus on operational efficiency and on maintaining a conservative balance sheet while we pursue opportunities for organic growth and strategic investment in our core business," First American CEO Dennis Gilmore said.

Write to Kerri Panchuk.

Thursday, July 28th, 2011

Initial jobless claims fell below 400,000 for the first time since early April last week.

The Labor Department said the seasonally adjusted figure of actual initial claims for the week ended July 23 decreased by 24,000 to 398,000 from an upwardly revised 422,000 the previous week.

Analysts surveyed by Econoday expected 425,000 new jobless claims last week with a range of estimates between 405,000 and 436,000. 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 8,500 to 413,750 from the prior week's slightly revised 422,250.

The seasonally adjusted insured unemployment rate for the week ended July 16 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 9 rose to more than 7.6 million from 7.3 million the prior week.

Write to Jason Philyaw.

Thursday, July 28th, 2011

Foreclosure activity in the first half of 2011 dropped in 84% of the 211 metropolitan areas surveyed by foreclosure data firm RealtyTrac.

Despite foreclosure rates improving in most major markets, RealtyTrac analysts believe the slowdown is a side effect of numerous legislative and judicial decisions that are slowing the process as opposed to a genuine clearing of excess inventory.

Cities located in California, Nevada and Arizona dominated RealtyTrac's list of top ten metro areas with the highest foreclosure rates.

Florida, another market known for taking a hit in the real estate downturn, experienced a slow down in foreclosure activity in the  first half, with only one state metro area — Cape Coral-Fort Myers — showing up on RealtyTrac's list of top-20 cities with the highest foreclosure rates. In the first half of 2010, Florida cities held nine spots on the list.

“Foreclosure activity continued to slow in the first half of 2011, especially in the most foreclosure-saturated markets and in markets where the judicial foreclosure process is used,” said James J. Saccacio, chief executive officer of RealtyTrac. “The 20 metro areas with the biggest year-over-year decreases in foreclosure activity were all in states with judicial foreclosure processes — New York, Maryland, Florida, New Jersey, Connecticut, Massachusetts, and Illinois.

The Las Vegas-Paradise metro area continued to possess the nation's highest metro foreclosure rate with one in every 19 housing units, or 5.36% of the market, becoming the subject of a foreclosure filing in the first half of the year. That rate is about six times higher than the national average, according to RealtyTrac.

The Reno-Sparks area also ranked high with a 2.96% foreclosure rate.

The Phoenix-Mesa-Scottsdale, Ariz. area, which has the second highest foreclosure rate in the nation, saw 60,985 properties receive a foreclosure filing in the first half. That is down 8% from the previous six-month period and a drop of nearly 17% from a year ago.

Write to Kerri Panchuk.

Thursday, July 28th, 2011

Homebuilder PulteGroup (PHM: 7.73 -0.90%) reported a second-quarter loss of $55.4 million, or 15 cents a share, as it took significant organizational restructuring and debt repurchase charges for the quarter.

That compares to net income of $76 million, or 20 cents per share, in the prior year.

The Bloomfield Hills, Mich.-based company said its 2Q reorganization actions should reduce overhead by $50 million annually, and said it remains on track to be profitable in the second half of 2011.

The company missed analysts' estimates of a loss of 4 cents per share for the quarter.

Results included $41 million, 11 cents per share, of land, mortgage, organizational restructuring and debt repurchase charges. The prior year results included $48 million, or 13 cents per share, one-time charge, but that was offset by a net benefit from income taxes of $82 million.

"The 2011 U.S. housing market continues to operate within the range of expectations we projected at the beginning of the year," said Richard Dugas Jr., chairman, president and CEO. "It is a positive sign that buyer demand appears to have stabilized following expiration of the homebuyer tax credit last spring, but residential construction volumes are at historically low levels and market conditions remain highly competitive."

Total revenue was $927.2 million, down from $1.3 billion in the year-ago period.

Revenue from home sales in the second quarter decreased 29% from the prior year to $900 million. Lower revenue for the period was driven by a 28% decrease in closings, combined with a 1% decrease in average selling price to $248,000. Prior year results benefited from increased demand stimulated by the federal first-time homebuyer tax credit, which expired in June 2010.

For the quarter, homebuilding operations generated a pre-tax loss of $28 million, compared with pre-tax income of $12 million for the same period last year.

Net new home orders for the second quarter were 4,222, consistent with the prior year's second quarter but down 3% compared with the first quarter of 2011.

Pulte's financial operations segment's loss widened with a pre-tax loss of $17 million, compared to a prior year pre-tax loss of $9 million.

Loan originations for the quarter were down 32% to 2,217 loans, due to lower closing volumes in the company's homebuilding operations.

Current and prior year results for the financial services operations included charges of $19 million and $17 million, respectively, related to potential loan repurchase obligations. Pulte said it has not experienced a material change in repurchase trends, but recorded the current year adjustment primarily to reflect current expectations that repurchase activity will now extend through 2012 rather than being substantially complete by the end of 2011.

During the second quarter, Pulte repurchased $53 million of senior debt, resulting in a charge of approximately $3 million.

For the six months ended June 30, PulteGroup reported a net loss of $95 million, or 25 cents per share, compared with net income of $64 million, or 17 cents per share, in the prior year period.

Write to Kerry Curry.

Follow her on Twitter @communicatorKLC.

Wednesday, July 27th, 2011

The housing market could face an onslaught of new foreclosures if policy makers and industry professionals fails to develop more financing options that keep real estate investors active in the market, Amherst Securities Group said in a report Wednesday.

The problem is two-fold, according to the analyst group. On one hand, the market needs to stifle a growing supply of distressed properties by implementing solutions — including principal write downs — that will save homes from distressed inventory pools.

The second step is ensuring the market has multiple financing options available to investors who want to buy up the existing streams of distressed and existing real estate.

"Rental yields are high enough to entice some amount of private capital, but financing for investor properties would certainly attract more capital and cushion further home price declines," the agency said in its Amherst Mortgage Insight report.

Amherst Securities believes 10.4 million homes are still at risk of going into default after analyzing the number of loans that are currently classified as non-performing, previously delinquent and underwater.

The tightening of underwriting guidelines also is making it more difficult for investors and homebuyers to get into the market to extract the access inventory.

"It is increasingly difficult to obtain a mortgage, thus shrinking the pool of qualified applicants," Amherst wrote. "That shrinkage is a growing problem, which will be further exacerbated by the very narrow QRM (qualified residential mortgage) standards."

In its current form, the proposed qualified-residential mortgage standard gives borrowers who put at least 20% down a chance to be exempted from the credit-risk retention rule, which restricts lending by requiring firms to hold 5% of the risk on securitized loans.

Write to Kerri Panchuk.

Wednesday, July 27th, 2011

Home sales in the Phoenix area increased in June from a year earlier while median sale prices have declined.

DataQuick reported that a total of 10,537 new and resale houses and condos rose 8.3% from May and up 1.5% since last year.

June’s re-sales of 9,741 proved to be the strongest activity in the area in six years since the record of resold homes were at 15,055 in June 2005.

The Phoenix area’s median sale price fell 12% at $122,900 compared to the high of $139,900 last year. Prices rose 2.4% since last month marking the first month-to-month gain since February.

Median sales price for new homes stayed out of decline and rose 7.4%, making up 7.6% of sales in June. However, its median price is the lowest amount for any June in 14 years.

Overall, the average of sales have gone up 1.8% between May and June since 1994.

Write to Matthew Torres.

Wednesday, July 27th, 2011

The Federal Deposit Insurance Corp. is moving ahead with a residential mortgage-backed securitization of failed bank assets despite uncertainty about the implied credit ratings.

Normally, such a deal would carry the equivalent of a triple-A rating as the federal government backs the bond guarantee, as did a similar deal last year.

However, if the U.S. sovereign rating is downgraded, the country cannot carry debt at a higher rating. This means the FDIC deals, and others before it, instantly get downgraded as well.

And so do Ginnie Mae, Fannie Mae and Freddie Mac bonds. The markets are responding to the possibility.

"Several articles in the past few days have noted the slowdown in bond issuance related to uncertainty over the resolution of the U.S. government debt ceiling," said Standard & Poor's in a note Wednesday. "With the uncertain timing of a possible debt agreement, we could start to see effects on structured finance with a lag."

There also remains the potential of a downgrade even if a deal on the debt ceiling is reached. Credit ratings agencies may take note of the lengthy time it took for such a deal to be consummated — considering the impact to short-term debt as well — and downgrade based on slow reaction times.

So considering the market conditions, why would the FDIC look to price the RMBS?

One source likened it to buying a used car, where the collateral immediately decreases in value once the ink is dry on the deal.

Well, to be sure, someone has to do something here.

The FDIC and the arranger, the Royal Bank of Scotland, can't comment on the record, with the latter citing Securities and Exchange Commission regulations. But it looks to be less than $400 million and made up mainly of Colonial Bank mortgages. I'm told this report from International Financing Review is an accurate summation.

But with Federal Reserve's Maiden Lane II offerings sidelined, the message cannot be that America's bond markets are closing for business in the shadow of potential downgrades.

America needs to show that it is not beholden to credit ratings agencies. There is a need the CRAs fill, but it can no longer be at the expense of the nation's ability to effectively operate secondary markets.

From this perspective, it is not a question of default and the ripple effect. This is a question of unnecessarily stifling liquidity. That is the political end game for the markets. And the FDIC is right not to kowtow.

Write to Jacob Gaffney.

Follow him on Twitter @jacobgaffney.

Wednesday, July 27th, 2011

Ally Financial (GJM: 22.43 -0.62%) said it discovered a foreclosure defense attorney was working for its mortgage unit and pilfering confidential information on the company's foreclosure operations.

That's according to a lawsuit filed against the terminated employee, Tanya L. Blackwell, an attorney actively licensed to practice in Pennsylvania, according to the Pennsylvania State Bar Association, which did not list any disciplinary actions against her.

Blackwell describes her law firm on her LinkedIn page as a "plaintiff's only firm protecting the rights of everyday people and providing affordable legal services. Practice areas include: employment discrimination, foreclosure defense litigation, bankruptcy, and personal injury."

She began working for Ally's GMAC Mortgage LLC unit about Jan. 10. She served as a foreclosure specialist in its Fort Washington, Pa., Residential Capital business unit. She was fired in mid-June.

Ally alleges Blackwell forwarded confidential information to her personal email account and then disseminated it to third parties. That information, the company said, included organizational charts for Ally's foreclosure operations, "numerous confidential internal emails not addressed to her attention," including mortgage accounts not assigned to her, the lawsuit alleges.

Ally requested Blackwell return all information.

"Defendant has used and/or is presently misusing Ally's confidential information by disseminating it," the lawsuit alleges.

Ally said Blackwell signed a conflict of interest questionnaire at the inception of her employment that "clearly advised defendant that she had a duty to act soley in the best interest of Ally and to provide Ally with her individual loyalty," according to the lawsuit, filed in federal court in Pennsylvania.

The company's code of ethics also prohibited Blackwell from having a material interest or investment in any businesses that could create a conflict of interest, Ally said.

Blackwell "never disclosed to Ally that she was an attorney much less that her law firm actively represents that it is adverse to financial services companies such as Ally," the lawsuit said.

Ally seeks a temporary restraining order or permanent injunction against Blackwell, and anyone participating with her, from using or disclosing the information she obtained. The company wants Blackwell's computer hard drive and other storage devices so it can delete all Ally information from them, it said.

Blackwell could not be immediately reached for comment.

Write to Kerry Curry.

Follow her at Twitter @communicatorKLC.



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