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Archive for August, 2011

Tuesday, August 16th, 2011

The Treasury Department Tuesday refuted an article in The Washington Post that implies the Obama administration settled on a proposal to heal the housing market with a large government role.

Neal Wolin, deputy secretary of the Treasury, said the article "mischaracterizes a number of the core housing finance reform principles" the administration proposed in February.

The article quotes people familiar with the talks saying the proposal chosen could preserve Fannie Mae and Freddie Mac. Wolin said each of the three options outlined in the Treasury's white paper released in February recommend the government-sponsored enterprises "be wound down in a responsible time line."

The Post said a decision to maintain federal support of the mortgage giants "would mark a big milestone" in the process of reforming housing finance. Many — including Wolin and the Obama administration — envision a new mortgage finance system that has a limited role for Fannie and Freddie.

"This will help ensure that taxpayers are protected and the private sector bears the burden for losses," Wolin said.

He said the administration wants the private sector, under strong federal oversight and consumer protection, to be the dominant mortgage provider, with the government's footprint shrinking substantially. Wolin stressed no decision has been made.

"Today, our focus must be on both healing a still-struggling housing market and taking the steps necessary to bring private capital back into the housing market," Wolin said. "The principles we have laid out will help lead to a future system with more private capital, more oversight, and less risk to the taxpayer – in short, to a healthier, more stable system of housing finance.

Write to Jason Philyaw.

Follow him on Twitter: @jrphilyaw

Tuesday, August 16th, 2011

Ally Financial (GJM: 22.43 -0.62%) warned investors of a probable monetary fine from the 50 state attorneys general foreclosure investigation, but could not nail down when or how large the penalty would be.

In October, all but one of the AGs announced an investigation with Alabama joining days later. They began looking into how wide spread the use of forged affidavits had grown in foreclosure proceedings. But the probe has now lasted nearly one year with the bulk of the time spent on a negotiated settlement.

The exact figure for a collective monetary fine on the top servicers involved ranged from $20 billion to $60 billion, which the Iowa AG struck down. What has remained consistent is the fine will be structured as a pool of funds to be used for modifications and possible principal writedowns. The new servicing requirements also will be built around federal regulators' requirements as per recent consent orders.

Bank of America (BAC: 7.22 -1.10%) reportedly broke off into its own negotiations in recent weeks to provide homeowner relief in exchange for excusing liability for past infractions.

Many Republican AGs continue to quarrel with the lead investigators, calling the probe a breach of jurisdiction. Even among Democrat AGs, rifts persist. Some, led by Massachusetts AG Martha Coakley, said they would not sign any settlement that excused liability for the Mortgage Electronic Registrations Systems.

Ally, one of the first servicing operations found to be robo-signing documents, told investors they are still unaware of where the investigation will end up.

"While the results of these investigations are uncertain, we expect that Ally or its subsidiaries will become subject to penalties, sanctions, or other adverse actions, including monetary fines, which could be substantial and have a material adverse impact on our results of operations, financial position or cash flows," Ally said.

"While we believe that a monetary fine is probable, we are not able to provide an estimate based on information currently available, nor are we able to estimate a range of reasonably possible losses," the lender said.

Write to Jon Prior.

Follow him on Twitter @JonAPrior

Tuesday, August 16th, 2011

Home sales in the San Francisco area plummeted 13.9% in July as the debt-ceiling debate and negative economic reports kept buyers on the sidelines, DataQuick said Tuesday.

July's decline comes after the Bay area experienced a 14.5% increase in home sales in June. DataQuick said July home sales rose 1.7% from a year earlier.

Last month, 6,887 new and resale houses and condos were sold in the area, down from 7,998 in June and up from 6,773 in July 2010.

"We’re still looking at a dysfunctional market. Distribution curves are lopsided, bottom-feeding is still prevalent and the lending market is just plain weird," said John Walsh, president of DataQuick."We’re off bottom by all metrics, but far from anything resembling normal."

What is normal is a sales dip between June and July, as it has happened every year since 1988, according to the real estate data provider.

Higher-priced homes fared the worst last month, with the number of closing on home $500,000 or more fell 25.4% from June and decreased 19.2% from last year.

Sales below the $500,000 mark declined 17.1% in July from the prior month and increased 3.5% from last year.

"There’s certainly a lot more discretionary buying in the higher price ranges," Walsh said. "A lot of those buyers have the option to just take it or leave it and, lately, it looks like more have been leaving it. There was a lot of uncertainty out there over the economy, home prices and the nation's future. And that was before the stock market turbulence hit in early August."

The median home price in the Bay area fell 1% from June, hitting $374,000 in July and declined 7% from last year when the median sales price was $402,000.

Write to: Kerri Panchuk.

Tuesday, August 16th, 2011

Community bankers urged lawmakers at a House Financial Services Committee hearing to trim the rough edges from heavy banking regulations that will likely result in a disparate impact on smaller banks.

Tuesday's hearing, held in Georgia, where failed community banks started closing after the financial meltdown three years ago.

So far, sixteen Georgia banks went under this year with many small players pointing the finger at onerous regulations and a system stacked against smaller players.

Since 2007, 388 banks and thrifts failed in the United States, with 140 of those institutions in states across the Southeast, according to testimony from Kevin Bertsch, associate director of the Federal Reserve's division of banking supervision and regulation.

While Bertsch said regulators continue to examine the impact regulations and rules have on local banks, he said the community banks' asset quality and earnings issues stem from their exposure to construction and commercial real estate loans.

"As real estate markets began weakening in 2007, cash flows supporting commercial real estate loans fell, and banks experienced a significant increase in weak and impaired assets," he told the committee. "Community banks in all regions of the country have experienced problems stemming from the weakened real estate market, but those operating in regions that experienced the greatest run-ups in real estate prices — the Southeast, Southwest, and West Coast — have been most significantly affected."

Community banks and smaller lenders pushed back during the hearing, saying other contributing factors to weaknesses at community banks include the changing regulatory landscape and government intrusion into financial markets.

Michael Rossetti, owner of Ravin Homes Inc., questioned the government's excessive focus on too-big-to-fail banking institutions during the hearing.

"If our bank could borrow $6 million to $10 million to use as capital we would return to being well capitalized and we would be profitable," Rossetti said. "My point is that many banks could survive with a minimal (compared to closing the bank) capital injection. This is what should have been done with TARP funds instead of forcing them on healthy institutions and telling them they were too big to fail."

Gary Fox, who saw his bank closed by regulators in April, specifically blamed appraisal-driven declines on property values for putting community banks in a risky situation.

"Most banks in Georgia that have failed have been appraised out of business," Fox told the House Committee. "To give a specific example of the appraisal problem, in the metro-Atlanta area historically the cost of a lot is 20% of the overall cost of a home. That means if you had a new home that costs $200,000 the lot cost would be $40,000. Today the cost of a lot is 5% of the overall cost of a home, meaning that in the same $200,000 home the lot cost is now $10,000. We have gone from a cost norm of 5 to 1 to an abnormal TARP and loss-share induced 20 to 1."

Fox added, "Under the new appraisal standards many appraisers will tell you that cost is not relevant, all that matters is the market approach and to a lesser extent, the income approach. Therefore, since the market approach is the most heavily favored approach and you have federally funded asset disposals by TARP and loss-share banks we have an incredible disruption in our real estate markets here in metro Atlanta and Georgia in general."

Bret Edwards with the Federal Deposit Insurance Corp. said regulators are "aware of concerns expressed by some bankers that examinations are being conducted in an overly conservative manner during this challenging economic time.

"To address these perceptions, we have expanded our outreach at the national, regional, and state level to broaden our communication with both individual banks and trade associations," Edwards said.

Earlier this year, when new mortgage servicing standards began to appear, smaller banks pushed back, saying an exemption for community banks should be included since the mortgage crisis stems from the actions of big banks.

Write to: Kerri Panchuk.

Tuesday, August 16th, 2011

New Jersey Superior Court Judge Mary Jacobson cleared the top-four servicers to resume foreclosures in the state.

Bank of America (BAC: 7.22 -1.10%), JPMorgan Chase (JPM: 37.29 -0.53%), Wells Fargo (WFC: 29.3783 +1.13%) and Citigroup (C: 30.4801 +0.33%) each assured to the satisfaction of the court the quality of their procedures.

Last October, most mortgage servicers halted the foreclosure process across the country when many had to correct mishandled and forged documentation as part of the robo-signing scandal. The problems centered around judicial states, including New Jersey.

In October, New Jersey had the 24th highest foreclosure rate in the country, with servicers filing roughly 5,200 foreclosures that month, according to RealtyTrac. By July, the Garden State's foreclosure rate dropped to 42nd with just 1,112 filings last month.

According to the orders Jacobson issued Monday, servicers made several assurances including: the authority to act on behalf of a lender; an up-to-date system of payment history and loan status; new processing steps and quality control for affidavits; adequate staff and sufficient training programs; and effective lines of communication with attorneys handling foreclosure cases in the state.

Jacobson's order authorizes the court to monitor the servicers' compliance in new foreclosure cases for the next 12 months.

"[Bank of America] has shown … it has processes and procedures in place, which if adhered to, will ensure that the information set forth in affidavits or certifications submitted in foreclosure proceedings will be provided by an affiant authorized to act on behalf of the plaintiff in the action, and that each affidavit or certification submitted will be properly executed and will be based upon knowledge gained through a personal review of relevant records," Jacobson wrote in the order.

Nationally, the negotiations between the 50 state attorneys general and major servicers to settle the robo-signing investigation remain ongoing.

Write to Jon Prior.

Follow him on Twitter @JonAPrior

Tuesday, August 16th, 2011

The sovereign liabilities of the United States, both in the value of the dollar and Treasurys, are likely to remain intact, according to Fitch Ratings.

Therefore, the credit ratings agency Tuesday affirmed the country's long-term default and sovereign ratings at AAA. Moody's Investors Service affirmed the rating on August 3.

The Fitch news means that of the big three ratings agencies, Standard & Poor's now stands alone in downgrading the U.S. to AA+.

Fitch based its decision on the assumption the United States is fully capable of repaying its debt, though political infighting over budgetary concerns remain a red flag.

Analysts will review Fitch's fiscal projections "in light of the outcome of the deliberations of the joint select committee (due by end November) as well as its near and medium-term economic outlook for the U.S. by the end of the year."

Failure by the super committee to reach agreement on at least $1.2 trillion of deficit-reduction measures would likely result in negative rating action.

The U.S. also holds lower levels of federal debt when compared to some other AAA-rated nations. Fitch estimates federal debt held by the public will be equivalent to approximately 70% of GDP this year compared to around 75% for the U.K. and France.

Nonetheless, the United States is alone among nations with gild-edged ratings in maintaining a debt ceiling. This remains a negative for Fitch, which believe such a concept is bad for fiscal discipline.

"It does not prevent budget decisions that will incur future debt issuance in excess of the ceiling, while 'last minute' agreements to raise it undermine confidence in the sovereign's 'willingness to pay'," Fitch said in a release.

Write to Jacob Gaffney.

Follow him on Twitter @jacobgaffney.

Tuesday, August 16th, 2011

President Obama has directed a small team of advisers to develop a proposal that would keep the government playing a major role in the nation’s mortgage market, extending a federal loan subsidy for most home buyers, according to people familiar with the matter.

The decision follows the advice of his senior economic and housing advisers, who favor maintaining the government’s role as an insurer of mortgages for most borrowers. The approach could even preserve Fannie Mae and Freddie Mac, the mortgage finance giants owned by the government, although under different names and with significant new constraints, said people knowledgeable about the discussions.

Tuesday, August 16th, 2011

Colorado's apartment vacancy rate declined to 5.2% in the second quarter as more individuals pick renting over buying, the Colorado Division of Housing said Tuesday.

In 2001, the apartment vacancy rate hit 4.3%, but has remained higher than 5.2% since.

While the state's apartment vacancy rate fell, rents rose in the second quarter, jumping 2% with the average renter spending $877 per month in Colorado, compared to an average rate of $862 last year.

In the Colorado Springs area, the average rent rose nearly 6% from a year earlier. Rents increased 5.1% in Greeley and 0.8% in Fort Collins. The largest increase occurred in the Loveland area, where the average rent increased 11.7% from the second quarter of 2010.

When looking at vacancy rates, the largest drop in the second quarter occurred in Grand Junction where the vacancy rate dropped to 6.3% from 8.9% a year ago.

"Although there were some small increases in the vacancy rate in some areas, the larger trend in the state is clearly toward fewer vacancies since 2009,” said Ryan McMaken, a spokesman for the Colorado Division of Housing. "The Denver area and northern Colorado have some of the tightest markets right now, and not surprisingly, in those areas we're also seeing some of the most sustained growth in rents in recent quarters."

Falling apartment vacancy rates in Colorado are in line with a consumer survey that Fannie Mae published for July in which 70% of respondents had a negative outlook on the economy. And the number of Americans who said they would buy their next home fell five percentage points, while the number expecting to rent rose three points.

Write to: Kerri Panchuk.

Tuesday, August 16th, 2011

Allstate Insurance (ALL: 28.99 -0.55%) sued Goldman Sachs (GS: 109.98 +1.31%) claiming the investment bank sold the company $123 million in toxic mortgage-backed securities, even though Goldman in its own terms considered the underlying collateral "junk" and "lemons."

In a suit filed in a New York state court, the insurance giant said Goldman "made numerous misrepresentations to Allstate regarding the features of the mortgage loans."

Allstate accused Goldman of not revealing the toxic and fragile nature of the underlying mortgages. The lawsuit alleges Goldman hid the risk of the securities because "it was able, through the process of securitization, to move the loans off of its books — and off the books of lenders who were indebted to Goldman."

A spokesman for Goldman Sachs declined to comment.

From April 2006 to March 2007, Allstate purchased $123 million of MBS through five securitizations, relying upon Goldman's analysis of the loans, Allstate alleges in the suit.

The insurer is suing the investment bank for common law fraud, fraudulent inducement, negligent misrepresentation and aiding and abetting.

Allstate made similar claims against Morgan Stanley (MS: 18.109 -0.23%) earlier this summer, and has filed several cases against other banks over billions of dollars worth of mortgage-backed securities tainted by alleged toxic collateral.

Write to: Kerri Panchuk.

Tuesday, August 16th, 2011

Countrywide Financial Corp. obtained a judicial panel's permission to consolidate eight mortgage-backed securities lawsuits filed against the former subprime lender into one case in the Central District of California.

All of the actions deal with similar allegations, with the plaintiffs claiming Countrywide, which is now part of Bank of America (BAC: 7.22 -1.10%), misrepresented the origination practices on mortgages backing subprime securities issued in 2004 to 2007.

The United States Judicial Panel on Multidistrict Litigation ordered the eight actions combined into one case before Judge Pfaelzer in the Central District of California.

In a separate order, The Bank of New York Mellon (BK: 20.08 +0.40%), which served as trustee in many of the transactions in question, obtained permission to have the claims against it separated and remanded to the Northern District of Illinois.

The California judicial panel narrowed the focus of the consolidated cases to actions brought by investors in Countrywide mortgage-backed securities.

The panel said the consolidation will "serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation by avoiding duplicative discovery and other pretrial proceedings on complex factual issues."

Bank of America spokesperson Lawrence Grayson told HousingWire Tuesday, "We are pleased with the panel’s decision.”

Write to: Kerri Panchuk.



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