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Archive for August, 2011

Wednesday, August 24th, 2011

[Update 1: Adds New York AG statement]

Iowa Attorney General Tom Miller, the lead negotiator in the robo-signing settlement talks with major mortgage servicers, removed New York AG Eric Schneiderman from the executive committee Tuesday for undermining its objectives.

In July 2007, Miller and 11 other states formed a working group to investigate mortgage servicing issues. AGs from Arizona, California, Colorado, Connecticut, Florida, Illinois, Iowa, North Carolia, Ohio, Texas, Washington and New York joined the committee, and the other state AGs provided support in the probe.

Even though New York dropped out of this group, Miller allowed it to become a member of a newly formed executive committee formed in October to investigate improperly signed affidavits and other foreclosure documents.

Until June, Schneiderman's office participated in every committee call with the top-five servicers: Bank of America (BAC: 7.22 -1.10%), JPMorgan Chase (JPM: 37.27 -0.59%), Wells Fargo (WFC: 29.36 +1.07%), Citigroup (C: 30.43 +0.16%) and Ally Financial (GJM: 22.43 -0.62%).

But in June, the group decided to form a smaller negotiations committee in seeking a settlement. Schneiderman was offered a role, but according to Miller, he declined and indicated he would pursue a different direction.

"Since that time, New York has actively worked to undermine the very same multistate group with which it had been working very closely over the previous nine months," Miller's office said in a statement.

Schneiderman wedged himself into larger securitization talks between the banks and investors. He stepped into a deal between BofA and Bank of New York Mellon (BK: 20.09 +0.45%) and issued subpoenas to BofA executives over securities disclosures. He also launched probes into Deutsche Bank (DB: 44.10 +1.61%) and BNY Mellon over to their roles as trustees.

Since the first settlement proposals came out earlier in the year, several AGs voiced concern. Some, including the new Florida AG Pam Bondi, whose own inherited investigation into Lender Processing Services (LPS: 16.75 +1.21%) has come under public scrutiny, said proposals that include mandatory modifications or principal writedowns would only incite more strategic default.

Others including Massachusetts AG Martha Coakley said she would not support any proposal that releases bank liability to the Mortgage Electronic Registrations Systems. She launched a side investigation into MERS in July.

In a statement sent late Tuesday, Schneiderman's office said he will continue to work with the AGs from Delaware, Nevada, Massachusetts and other counterparts to provide relief to homeowners and get the economy moving again. In the statement, Schneiderman's office eluded to the where the rift between he and the committee occurred. He alleged the committee was moving too fast with the negotiations and could have been leaving some bank liability in their wake.

"Ongoing investigations by attorneys general cannot be shut down by efforts to settle quickly and those responsible must be held accountable," according to Schneiderman's statement. "While it is Attorney General Miller's prerogative to remove us from the Executive Committee we will continue to be an active voice on these issues as a part of the 50-state coalition and in other forums."

Miller continues working with the other AGs. His action Tuesday signals the rift between him and Scheiderman was beyond repair. Schneiderman can still sign on to any arranged settlement but is no longer participating in the negotiations.

"While we certainly respect the right of any state to choose to no longer participate in a multistate and to pursue another path, working to actively undermine a multistate while still a member of the executive committee simply doesn't make sense, is unprecedented and is unacceptable," Miller's office said.

Write to Jon Prior.

Follow him on Twitter @JonAPrior

Wednesday, August 24th, 2011

House prices dropped 0.6% in the second quarter and remain 5.9% below levels measured one year ago, according to the Federal Housing Finance Agency index.

The quarterly drop comes as prices increased 0.9% in June from the month before. The FHFA calculates pricing on home purchases and refinancing through Fannie Mae and Freddie Mac. In June, the index was 18.8% below the peak in April 2007.

Prices for other goods and services in the economy climbed 4.5% since the second quarter of 2010. With this inflation factored in, the FHFA said house prices actually fell 10% from one year ago.

Prices declined the steepest in Arizona over the last year, dropping nearly 15% over that time. Prices in the foreclosure-riddled state have been cut in half since the peak in 2007.

House prices increased in only three areas over the past year, climbing 12.1% in Washington, D.C., 3.9% in North Dakota and 0.3% in Oklahoma, according to the FHFA index.

Write to Jon Prior.

Follow him on Twitter @JonAPrior

Wednesday, August 24th, 2011

Members of the Vintage East Condominium Association in Miami Beach got tired of waiting for JPMorgan Chase & Co. (JPM) to foreclose on unit 9, so they sued the bank in February to take control of the property.

In June, more than four years after the owner stopped making payments, a judge ruled that JPMorgan lost its claim to the $144,000 mortgage. The apartment is now on the market for $87,500, and the association may stave off insolvency with proceeds from the sale and a new owner who pays monthly dues, said Jane Losson, a board member at the complex. Four of the 11 other owners at the property are also behind on dues.

Wednesday, August 24th, 2011

The Federal Deposit Insurance Corp. must face a $10 billion lawsuit over the toxic remnants of Washington Mutual Bank, a federal judge ruled.

Judge Rosemary M. Collyer of the U.S. District Court in Washington, D.C., refused the FDIC's bid to dismiss a lawsuit filed by a unit of Deutsche Bank AG over soured pools of mortgage loans made by Washington Mutual, or WaMu, a big player in the home mortgage boom before it was seized by regulators in the largest bank failure in U.S. history.

Wednesday, August 24th, 2011

Rating agencies are watching mortgage insurers closely as players like The PMI Group (PMI: 0.00 N/A) grapple with tough economic headwinds, regulatory issues and an ongoing need to recapitalize their businesses.

Moody's Investors Service downgraded PMI Mortgage Insurance's rating to Caa1 from B3 after the insurer said it would no longer accept new business. That revelation accompanied news that PMI is under the regulatory supervision of its primary regulator, the Arizona State Insurance Department.

While PMI faces a great deal of uncertainty, Fitch Ratings withdrew Old Republic International's (ORI: 9.765 +2.14%) issuer default rating and its insurer financial strength rating from negative watch. Despite this positive shift, Fitch's overall outlook for Old Republic remains negative given the uncertainty in the mortgage insurance space.

Analysts said Old Republic's stronger position is tied to the operating performance of its property and casualty business, and its title insurance operations.

Moody's also lowered The PMI Group's senior debt rating to C from Caa3.

Analysts said PMI's "statutory capital position has deteriorated significantly in the last few quarters as a result of high loss reserve charges."

Moody's analysis arrives one day after Standard & Poor's lowered PMI's credit and financial strength ratings to R from CCC-, while also placing the mortgage insurer on negative watch. The R designation falls at the lower end of S&P's ratings scale.

Write to: Kerri Panchuk.

Wednesday, August 24th, 2011

Toll Brothers (TOL: 22.3018 +1.05%) posted a third-quarter profit of $42.1 million, or 25 cents per share, on revenue of $394.3 million.

Compared to year-ago levels, the luxury homebuilder's net income is up 54% from earnings of $27.3 million, or 16 cents per share, a year earlier. Meanwhile, third-quarter revenue is down 13% from last year.

The Horsham, Pa.-based company attributes third-quarter profit growth to a tax benefit of $38.2 million. Homebuilders are allowed to claim a net operating loss, where taxes paid on profits in the past can be applied to quarters that would otherwise show a loss.

Still, the builder is battling through a rough economy where housing demand remains anemic.

Toll Brothers delivered fewer housing units in quarter three, completing only 693 homes compared to 803 last year.

Building contract cancellations in the third quarter grew to a rate of 7.4%, up from 6.2% last year.

"It is too soon to assess the ramifications of the financial volatility of the past few weeks on the housing market," said Toll Brothers CEO Douglas Yearley.  "While late summer is generally not the best time to sell homes, in the short run, the stock market gyrations, the budget impasse, and the U.S. Government bond rating downgrade are certainly not helping consumer confidence. However, we believe that historic low interest rates and the growing imbalance between housing production and demographics-driven demand bode well for the industry sooner or later: the key question, of course, is when."

Despite weak consumer confidence and limited housing demand, Toll Brothers reported its fifth consecutive quarter of pre-write-down, pre-tax profits and said its distressed real estate loan and asset management subsidiary, Gibraltar Capital and Asset Management, contributed $4 million in profits during the third quarter.

Looking forward, the builder expects to deliver somewhere between 2,475 and 2,675 homes in fiscal year 2011, with the average selling price in the range of $555,000 to $570,000.

Write to: Kerri Panchuk.

Wednesday, August 24th, 2011

Mortgage applications declined 2.4% this past week as home purchases fell to a 15-year low, an industry trade group said.

The Mortgage Bankers Association's weekly mortgage applications survey – a measure of the number of refinance and purchase applications filed across the U.S. – fell 2.4% from last week on a seasonally adjusted basis, while the refinance index declined 1.7%.

The purchase index – a measure of applications filed to acquire new homes – fell 5.7%, reaching the lowest level on file since December 1996.

"Another week of volatile markets and rampant uncertainty regarding the economy kept prospective homebuyers on the sidelines, with purchase applications falling to a 15-year low," said Mike Fratantoni, the MBA's vice president of research and economics. "This decline impacted borrowers across the board, with purchase applications for jumbo loans falling by more than 15 percent, and purchase applications for the government housing programs falling by 8.2 percent."

The four-week moving average for the seasonally adjusted market index is now up 6.9%, while the four-week moving average for the purchase index is down 2.6%. The average on the refinance index is up 9.9%.

The refinance share of all mortgage activity grew to 79.8% from 78.8% last week.

Meanwhile, the rate on a 30-year, fixed-rate mortgage increased to 4.39%, up from 4.32% a week ago, while the 15-year, FRM grew from 3.47% to  3.56%.

Write to: Kerri Panchuk.

Tuesday, August 23rd, 2011

Goldman Sachs (GS: 109.95 +1.28%) is facing another lawsuit over claims it misrepresented or omitted important details about the quality of mortgages the investment bank bundled and sold to investors.

The latest case was filed by CIFG Assurance North America Inc., a New York-based insurer selected by Goldman to insure $275 million worth of securities tied to Goldman's securitization of 6,204 residential mortgage loans.

CIFG also named M&T Bank, the originator who issued most of the loans, a defendant in the case. The actual securitization transaction occurred in 2007.

CIFG accuses Goldman in the suit of failing "to disclose that the securitization (of mortgage loans) constituted an integral part of an orchestrated corporate policy to offload billions of dollars in toxic exposure to mortgage-related assets, thereby duping investors and insurers such as CIFG to take on Goldman's enormous market risk."

Goldman Sachs was not immediately available for comment.

Goldman was sued by Allstate Insurance (ALL: 28.965 -0.63%) earlier this month in another RMBS case.

In that case, the insurance giant accused Goldman of selling it $123 million in toxic mortgage-backed securities without representing the toxic quality of the underlying mortgages.

Write to: Kerri Panchuk.

Tuesday, August 23rd, 2011

Analysts reacted to the July new home sales decline Tuesday with dread, saying the housing market has years of stalled recovery ahead.

The Commerce Department reported the seasonally adjusted rate of new home sales in July declined 6.8% from one year ago, coming in below analyst expectations. Sales slumped back below the 300,000 market and sit not too far from the low of 278,000 units in August 2010.

"Sales of new homes are going nowhere fast," said Celia Chen, senior director at Moody's Analytics. "An economy hampered by political wrangling over the budget deficit and the sovereign debt crisis in the euro zone is weighing on job growth and consumer confidence. Demand for homes remains very soft despite mortgage interest rates that are falling to new lows."

New home sales have to compete with a flood of distressed and previously foreclosed properties. The Commerce Department estimates roughly 165,000 new homes for sale on the market, roughly equal to a 6.6-month supply. However, the shadow inventory of distressed property ranges as high as 4.5 million properties, according to the Mortgage Bankers Association.

Standard & Poor's recently said the market would need 44 months to work through the shadow inventory supply.

Chen said job creation will remain weak for the rest of the year, keeping new home sales at this bottom lull before picking up in 2012.

"To be sure, new-home demand still faces many obstacles, and the risks to this outlook are decidedly on the downside," Chen said.

Paul Dales, a senior economist at Capital Economics, said the July figures are actually worse than they look. Taking into account the 3.5% drop in existing home sales in July, reported by the National Association of Realtors, the annualized rate of home sales dropped to 4.98 million in June.

"Home sales are no higher than three years ago and a new downward trend now appears to be in place," according to Dales. "Even if the economy were to avoid another recession, a prolonged period of weak economic growth will mean that there will be no real recovery in home sales for a few years yet."

Write to Jon Prior.

Follow him on Twitter @JonAPrior

Tuesday, August 23rd, 2011

Standard & Poor's revised PMI Mortgage Insurance Co.'s (PMI: 0.00 N/A) credit and financial strength ratings to R from CCC- Tuesday, while also placing the mortgage insurer on a negative credit ratings watch.

The change arrived after the insurer said it would no longer be able to write new business in any state and is now under the direct supervision of its primary regulator, the Arizona Department of Insurance.

A rating of "R" is very close to the bottom of S&P's ratings scale.

Based on S&P criteria, the R rating is given when a firm is "under regulatory supervision owing to its financial condition."

S&P says in this situation, the R rating lets investors know regulators have "the ability to favor one class of obligations over others or to pay some obligations and not others" when making financial decisions.

August has been rocky for PMI Group. The company's stock fell more than 50% during a volatile trading day in early August. The firm also received a delisting warning from the New York Stock Exchange after the mortgage insurer's stock closed at less than $1 for at least 30 consecutive trading days.

Write to: Kerri Panchuk.



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