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Archive for August, 2011

Thursday, August 18th, 2011

Initial jobless claims increased 2.2% last week, climbing back over 400,000.

The Labor Department said the seasonally adjusted figure of actual initial claims for the week ended Aug. 13 rose by 9,000 to 408,000 from 399,000 the previous week, which was revised upward 4,000.

Analysts surveyed by Econoday expected 400,000 new jobless claims last week with a range of estimates between 391,000 and 420,000. 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 3,500 to 402,500 from the prior week's 406,000.

The seasonally adjusted insured unemployment rate for the week ended Aug. 6 stayed flat at 2.9%, according to the Labor Department.

The total number of people receiving some sort of federal unemployment benefits for the week ended July 30 fell to about 7.3 million from 7.48 million the prior week.

Write to Jason Philyaw.

Thursday, August 18th, 2011

The Justice Department is investigating whether Standard & Poor’s rated mortgage securities improperly leading up to the financial crisis.

The investigation began before Standard & Poor’s cut the United States’ AAA credit rating this month, but it is likely to add fuel to the political firestorm that has surrounded that action. Lawmakers and some administration officials have since questioned the agency’s secretive process, its credibility and the competence of its analysts, claiming to have found an error in its debt calculations.

Thursday, August 18th, 2011

An employee at the Securities and Exchange Commission has accused the regulatory agency of destroying at least 9,000 documents relating to inquiries of Wall Street banks and hedge funds.

Documents that were destroyed related to corporate giants including Goldman Sachs Group, Deutsche Bank, Lehman Brothers, Citigroup, Morgan Stanley, Wells Fargo, Bank of America, convicted fraud operator Bernard Madoff and hedge fund SAC Capital Advisors, according to a letter from the employee's attorney released Wednesday by Sen. Charles E. Grassley (R-Iowa).

Darcy Flynn, an attorney at the SEC, says the agency followed a policy of systematically destroying documents after closing what are known as "matters under inquiry," or MUIs, which are the agency's preliminary look into a potential violation of securities laws. In closing the matters under inquiry, the SEC decided not to proceed to a formal investigation.

Wednesday, August 17th, 2011

A Chicago ordinance that expands the city's definition of "property owner" to include lenders and financial firms could subdue investor interest in residential mortgage-backed securities, Moody's Investors Service said in a new report.

Moody's made that assessment after reviewing the Chicago ordinance, which essentially forces lenders to cover maintenance and upkeep costs on vacant properties even if they still do not have full possession of title.

The ordinance has generated a great deal of buzz since its passage in late July, with some parties calling it unconstitutional.

In its analysis of the code, Moody's warned the ordinance "burdens lenders with the downside of ownership expense without the benefit of property rights."

The ratings giant said by expanding the definition of property owner, the ordinance – without further clarification – sweeps up mortgage lenders and assignees named in the RMBS securitization process.

"The mandate presents complex dilemmas, and the questions raised will make securitized mortgages vulnerable to this law less attractive to investors," Moody's wrote. "For example, prior to foreclosure, how can mortgage lenders identify and remedy problems without violating someone else’s property rights? Will courts tolerate trespassing? Or alternatively, will the courts overrule the ordinance’s passing of liability to lenders unable to legally exercise their ownership rights?"

The City of Chicago, which is dealing with an influx of foreclosure properties, passed the ordinance to eliminate urban blight caused by vacant properties.

John O'Leary, CEO of vacant property security firm VPS Inc. can attest to the fact that Chicago has been inundated with new foreclosures. O'Leary's national operations are headquartered in the Windy City.

"The big concern (within neighborhoods) is the value of properties," O'Leary told HousingWire.

He added the common symptoms of a foreclosure epidemic include homes being turned into drug dens, vandals destroying property and thieves scouring vacant houses for high-priced copper and other goods that can be sold for profit.

VPS has been combating these threats for financial institutions by offering upgraded security products from battery-operated alarm systems to steel doors that make it extremely difficult to break in.

"We've received calls thanking us for the jobs that we have done," O'Leary said.

While O'Leary did not share his opinion on the Chicago ordinance itself, he says cities nationwide are concerned about foreclosure blight.  "I can tell you a lot of major cities are looking at this," he added.

Write to: Kerri Panchuk.

Wednesday, August 17th, 2011

The amount of time it would take for the housing market to move through properties lingering in the foreclosure system is finally improving.

Standard & Poor's analysts estimate it would take 47 months for the housing market to work through the shadow inventory, according to their second quarter research note. They revised that down from 52 months in the first quarter, the first decline since the middle of 2009.

At the end of last year, S&P said the market would need 44 months to move through the inventory and at the end of September 2010, analysts estimated it at 40 months.

S&P analyzed loan-level private-label residential mortgage-backed securities data from CoreLogic (CLGX: 14.55 +0.55%) to calculate its estimates. It defines the shadow inventory as a collection of properties in 90-day delinquency or worse, foreclosure and REO.

The unpaid principal balance on these properties remains high at $405 billion, but it is a 6.4% drop from the previous quarter and represents less than one-third of the outstanding private-label RMBS market.

"In conjunction with stable liquidation rates, we believe these are positive signs that the amount of time it will take to clear this 'shadow inventory' should continue to decline over the next year," analysts said.

Of the top-20 U.S. markets, the shadow inventory looms largest over New York. There, S&P said it would take 144 months to work through the glut of properties, but still down from 146 months in the previous quarter.

S&P analysts said even as the market is finally making gains on the overhang, servicers are still working through documentation problems, new regulations and tighter scrutiny. RealtyTrac recently estimated the delays kicked more than 1 million foreclosures to next year.

"The shadow inventory will continue to jeopardize the housing market's recovery until servicers are able to improve liquidation times," S&P said. "However, if and when that happens, an influx of homes will likely enter the market, increasing supply and driving prices down further."

Write to Jon Prior.

Follow him on Twitter @JonAPrior

Wednesday, August 17th, 2011

In a Washington Post report this week, the Obama Administration was said to have decided to adopted a proposal to continue a major government presence in financing mortgages. The Treasury subsequently denied this report in a statement posted by Deputy Secretary Neal S. Wolin:

“The Obama Administration believes that the private sector – subject to strong oversight and consumer protection – should be the dominant provider of mortgage credit. That’s why, in each of the three options we outlined in our report to Congress, the government’s footprint in the housing finance market will shrink substantially. That’s why, in each of the options, any government support for housing finance will be targeted and limited. This will help ensure that taxpayers are protected and the private sector bears the burden for losses.”

Would that any of this were really true. Let’s go through this statement and pick out some of the more notable canards and omissions of fact. First and foremost is the idea that the private sector is willing to take a leading role in housing finance in the U.S.

Wednesday, August 17th, 2011

Connecticut Attorney General George Jepsen reached an agreement with Wells Fargo (WFC: 29.38 +1.14%) over allegedly deceptive marketing practices of adjustable-rate mortgages written by Wachovia and Golden West Financial.

Wells acquired the two mortgage originators in 2008. Under the agreement, Wells will consider 1,535 Connecticut homeowners for modification and pay $741,465 to the state's foreclosure prevention efforts.

The AG claimed Wachovia and Golden West violated state consumer protection laws by not explaining to "pick-a-payment" borrowers that their minimum payment would not cover the full amount of accrued interest and would actually lead to an increase in the loan amount.

"I want to stress that Wells Fargo inherited this problem when it acquired Wachovia and Golden West. I am pleased that Wells Fargo is addressing this issue," Jepsen said. "Connecticut homeowners struggling with these risky, 'pick-a-payment' loans will have a fair opportunity to achieve a loan modification or other relief."

The borrowers will first be considered for the Home Affordable Modification Program and then for the bank's private initiative known as Mortgage Assistance Program 2. The AG's office said some of the modifications could include principal forgiveness but depends on the borrower's circumstances.

"Through assurance agreements it has signed with the Attorneys General in Connecticut and 10 other states, Wells Fargo is further helping at-risk Wachovia Pick-a-Payment customers who may be eligible to earn principal forgiveness by making on-time mortgage payments," a Wells spokesperson said. "The program is an extension of Wells Fargo’s ongoing efforts to assist at-risk Wachovia Pick-a-Payment customers with home payment relief, which began immediately following the merger."

The bank reached similar agreements with AGs in Arizona, California, Florida, Illinois, Kansas, Nevada, New Jersey, Texas and Washington. Wells will be considering borrowers for a workout through June 2013.

Write to Jon Prior.

Follow him on Twitter @JonAPrior

Wednesday, August 17th, 2011

A mobile tool allowing real estate agents to manage foreclosed properties on the go was introduced on Tuesday.

The app, called REOConnex, is designed to allow agents to search and view all their properties, store associated photos and details, and manage tasks related to the properties. It’s available in Apple's AppStore and was released by West Valley, Utah-based Green River Capital, a provider of asset management for real estate-owned properties and short sale and rental program management. The company has a database of about 15,000 agents.

Although processing problems prompted servicers to delay up to 1 million foreclosure actions this year, lenders still issued foreclosure filings on more than 1.1 million properties in the first half of 2011, according to data from RealtyTrac.

The high volume of distressed properties has created business opportunities for servicers able to handle REO inventory.

Green River is one of three contractors tapped by Freddie Mac to handle real estate owned properties through its HomeSteps real estate sales unit, which acquires distressed properties and sells them to homeowners and investors. The others are Vendor Resource Management and Atlas REO Services.

Freddie Mac’s REO inventory has surged over the past few years, peaking at about 75,000 in the third quarter of 2010. The company’s REO inventory fell to 60,618 properties at the end of the second quarter, down from 65,174 in the first quarter, as delays in the foreclosure process slowed the pace of acquisitions.

Write to Liz Enochs.

Wednesday, August 17th, 2011

Chicago Mayor Rahm Emanuel announced a $20 million foreclosure recovery initiative Wednesday that will utilize not-for-profit and private resources to fight foreclosures in nine Windy City neighborhoods.

The John T. and Catherine D. MacArthur Foundation plans to donate $15 million to $20 million through loan programs to help fund what is known as the Innovative Micro-Market Recovery Program. Those dollars will eventually be combined with private capital to reach the program's stated goal of raising up to $50 million to fund the initiative's goal of restoring and reoccupying as many vacant properties as possible.

The program will launch in several Chicago neighborhoods, including Humboldt Park, Chatham, Chicago Lawn, West Woodland, Auburn Gresham, West Pullman, Belmont Cragin, Englewood and Grand Boulevard.

Emanuel said in a press release the MacArthur Foundation will work with the Chicago Department of Housing and Economic Development to design loans that address the needs of each neighborhood.

Strategic plans for the effort will be released in September.

The foreclosure relief effort comes on the heels of another City of Chicago housing initiative – City Hall's passage of a law that expands the definition of property owner to require lenders to cover vacant property expenses. The new law has been generating a buzz from analysts who question its constitutionality, and others who believe it could make RMBS securitizations less appealing when loans are tied to areas with this type of law is in place.

Write to: Kerri Panchuk.

Wednesday, August 17th, 2011

A controversial case challenging the ability of Mortgage Electronic Registration Systems to foreclose on a California man was filed with the Supreme Court Monday, making it the first major MERS case to reach the nation's highest court.

If the Supreme Court agrees to hear Gomes v. Countrywide, Gomes' attorney, Ehud Gersten, says the court will have to decide whether a lower court stripped his client, Jose Gomes, of due process by allowing MERS to foreclose without ensuring the registry had the noteholder's authority to foreclose.

"I believe this to be the first case in the country to take MERS to our Supreme Court," Gersten told HousingWire. His claim could not be immediately verified.

"Ultimately, what this case is saying is if you are going to be taking someone's home away from them, do you have the proof or the right to do so?" Gersten said.  "If the Supreme Court starts to question MERS, and its business structure, it is going to have an effect on every MERS case in the country."

MERS, the electronic registry at the center of the foreclosure crisis, has been under fire nationwide as foreclosure attorneys purport the firm, and its parent company Merscorp Inc., illegally foreclosed on properties.

Gersten, meanwhile, said MERS has a brief period of time to respond before the Supreme Court decides whether it will accept the case (click here for the filing).

Attorneys familiar with the Gomes case are not optimistic about its chances of being heard by the Supreme Court.

"While recent statistics show that the Supreme Court takes on average less than 3% of cases on certiorari, it takes even a smaller percentage of those advanced by private litigants, as opposed to the government," said Patton Boggs attorney Anthony Laura. "Also it takes fewer cases out of the state court system than it does out of the federal Courts of Appeals."

"So, the likelihood that this case will be taken is slim indeed," Laura adds. "I believe those slim odds are even slimmer because the argument Gomes is making to the U.S. Supreme Court is one he did not previously raise."

Laura said that, as a premise for invoking the jurisdiction of the Supreme Court, Gomes claims that the court below abridged his 14th Amendment rights.

"My recollection is that Gomes never made a Constitutional argument below, neither in the California Court of Appeals nor in the petition for review to the California Supreme Court," he said. "In my view, the U.S. Supreme Court will look skeptically on his just raising that argument now."

The original plaintiff, Jose Gomes, appealed to the nation's highest court after California's Supreme Court decided not to review the 4th Appellate District Court of California's decision in favor of MERS.

Gomes' petition says he's challenging the foreclosure because MERS "did not have the current noteholder's authority to foreclose."

Gersten argues his client "was entitled to proof that the loan servicer, trustee or an entity such as MERS, either named in the deed of trust or acting through assignments of interest, had legal authority on behalf of the promissory note's current holder to foreclose."

The 4th Appellate District Court's decision, which Gomes wants overturned, held MERS had the authority to initiate a foreclosure on Gomes because the deed of trust "explicitly provided MERS with the authority to do so," according to court records.

The state appellate court also ruled in favor of MERS after finding the deed of trust contained no language to suggest the "lender or its successors and assigns must provide Gomes with an assurance that MERS is authorized to proceed with a foreclosure," according to court records.

MERS chose not to comment on the case, but a spokeswoman said the company is aware of the filing with the Supreme Court.

Write to Kerri Panchuk.



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