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Archive for August, 2011

Monday, August 29th, 2011

The Department of Housing and Urban Development will begin taking applications again for a new program providing interest-free loans to unemployed borrowers struggling with their mortgage payments.

Under Dodd-Frank Act authority, HUD launched the $1 billion Emergency Homeowners Loan Program in June. Unemployed homeowners in 27 states including five others that operate similar existing programs could apply for up to $50,000 in assistance.

The deadline expired July 27 after a brief three-day extension. On Monday, HUD said it would take applications through Sept. 15 as resources remain available. The deadline remains Sept. 30 for the five states operating their similar programs with EHLP funding, which are Pennsylvania, Connecticut, Delaware, Idaho, and Maryland.

HUD initially targeted 30,000 borrowers through EHLP at an average $35,000 loan size. Recipients must still be able to contribute $150 per month to the mortgage.

Borrowers must contact a housing counselor in the NeighborWorks America network and file applications with their state Housing Finance Agency. HUD would then randomly select a number of pre-screened applicants until the EHLP funding is used.

The Pennsylvania Housing Finance Agency approved new interest-free loans to more than 1,500 unemployed borrowers through Aug. 19. The state, which pioneered the program and pushed HUD to open it earlier in the year, allocated $45 million so far in new loans.

HUD provided $105 million to the state for EHLP loans.

The PHFA received more than 3,100 applications since June and rejected just over 1,000. As many as 250 applications were filed on a single day at PHFA.

"The deadline was extended to September to allow more time for contacting the counseling centers and getting more applications in," said Scott Elliott, a spokesman for PHFA. "People are very happy for the much needed help."

The other 27 states participating in the program are: Alaska, Arkansas, Colorado, Hawaii, Iowa, Kansas, Louisiana, Maine, Massachusetts, Minnesota, Missouri, Montana, Nebraska, New Hampshire, New Mexico, New York, North Dakota, Oklahoma, South Dakota, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming and Puerto Rico.

The other states currently receive money through the Treasury Department's Hardest Hit Fund to develop unemployment assistance and foreclosure prevention programs.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Monday, August 29th, 2011

If, as Andy Warhol said, everyone eventually gets their 15 minutes of fame, LuAnn Lavine is getting hers.

Or at least five, maybe six minutes. In the week or so since she stood up in a crowd and asked President Obama how he planned to help the housing market, the Geneseo, Ill., real estate agent has been showered with media attention — here she is, asking her question in a clip on "NBC Nightly News," there she is on CBS' "Sunday Morning." Here she is in a Chicago Sun-Times story, there she is on her local news.

Most improbably, perhaps, there she is in the lead sentence of influential columnist Maureen Dowd's Aug. 21 piece in the New York Times, explaining why she sought out President Obama on his recent bus tour through western Illinois.

Monday, August 29th, 2011

The nation lost 2,000 mortgage jobs this year, but could see an uptick in hiring if low interest rates spark refinancing activity, according to the second-quarter 2011 Mortgage Employment Index.

In the second quarter, the index reported a drop of nearly 500 jobs within the mortgage finance space. During the quarter, the industry reported 4,940 hirings, which were offset by 5,404 layoffs.

California lost more than a thousand real estate financing positions, while Ohio gained 800 jobs, ranking first in terms of hiring performance, according to Mortgage Daily, which compiles the employment index.

About half of second-quarter layoffs occurred at Wells Fargo (WFC: 29.3571 +1.06%) as it closed its reverse mortgage business and reduced staffing in mortgage fulfillment.

More than half of the hirings occurred at JPMorgan Chase, which hired hundreds of employees in Ohio during 2Q.

While hirings could pick up if a refinancing wave comes on the heels of low mortgage interest rates, large lenders may be less likely to pick up new staff, MortgageDaily said. Instead, the firm believes small to medium-sized banks and brokers will benefit from the coming refinancing wave.

Hiring also could pick up on the mortgage servicing side as companies continue to deal with deteriorating delinquencies and growing foreclosure activity.

Write to: Kerri Panchuk.

Monday, August 29th, 2011

Robert Marshall, a member of the Virginia House of Delegates, sent a letter to Secretary of Finance Richard Brown last week, asking how much the Virginia Retirement System is vested in residential mortgage-backed securities and how much it lost on those investments.

Based on estimates Marshall received from state representatives in late 2010, VRS has $3.2 billion in MBS holdings: $218 million is nonagency and $2.1 million is agency.

Marshall told HousingWire his interest was piqued when he saw AIG (AIG: 25.02 -0.48%) and other major financial institutions filing lawsuits over losses stemming from investments tied to securities backed by soured mortgages.

"I was concerned that we would be even more in the hole if these mortgage-backed securities are lacking the collateral," Marshall said.

In his letter, the delegate asks Brown to explain "what steps the commonwealth, VRS or other appropriate state agencies have taken to secure any investments related to RMBS or REMICs?

"The retirement system is funded by investments and contributions by workers," Marshall said.

His inquiry also focuses on the contentious topic of credit ratings agencies. Marshall posed a question to the secretary of finance, asking if the state's retirement system has identified the measures agencies use when assigning ratings to residential mortgage-backed securities.

Richard Brown could not be immediately reached for comment Monday morning.

Write to: Kerri Panchuk.

Monday, August 29th, 2011

The number of pending home sales in July fell 1.3% from June, but remain 14.4% above a year earlier, the National Association of Realtors said Monday.

The huge trade group's pending home sales index measures the number of sales contracts signed each month. The index hit 89.7 in July, down from 90.9 in June yet well above the 78.4 of a year ago.

Analysts polled by Econoday expected the NAR index to decrease 1% for July with estimates ranging from declines of 2% to an increase of 2.5%. Pending home sales climbed 2.4% in June on the heels of an 8.2% jump the prior month.

"The market can easily move into a healthy expansion if mortgage underwriting standards return to normalcy," said Lawrence Yun, NAR's chief economist. "We also need to be mindful that not all sales contracts are leading to closed existing-home sales. Other market frictions need to be addressed, such as assuring that proper comparables are used in appraisal valuations, and streamlining the short sales process."

On a regional basis, home sales in the northeast fell 2% to 67.5 in July, which is still up 9.7% from July 2010.

The Midwest index edged down 0.8%, hitting 79.1 in July, up 18.8% from last year, while pending home sales in the south fell 4.8% to 94.4 on the index, but remained 9.5% higher than last year. Meanwhile, in the West, the pending sales index grew 3.6% to 110.8 in July and is 20.6% above year ago levels.

"Looking at pending home sales over a longer span, contract activity over the past three months is fairly comparable to the first three months of the year, and well above the low seen in April," Yun said.

"The underlying factors for improving sales are developing, such as rising rents, record high affordability conditions and investors buying real estate as a future inflation hedge. It is now a question of lending standards and consumers having the necessary confidence to enter the market," according to Yun.

Write to: Kerri Panchuk.

Monday, August 29th, 2011

A look at stories across HousingWire's weekend desk, with more coverage to come on bigger issues:

There's been talk of a new federal program to help boost the number of mortgage refinancings and some analysts weighed in.

Barclays Capital analysts expect the Obama administration to focus on initiatives that don't need congressional approval and anticipate the government will eventually settle on a plan to help more underwater borrowers refinance through the Home Affordable Refinance Program.

Whatever the administration chooses would "represent a moderate increase in refinanceability, and would not pose a substantial increase in prepayment risk," in residential mortgage-backed securitization pools the BarCap analysts said. "Also, given the recent widening, these changes have already been priced into the market."

Analysts at Bank of America Merrill Lynch doubt government attempts to improve the mortgage refinancing process will help lenders build capacity.

"The economics of the mortgage lending industry have changed," the analysts said. "Originators used to have 2-3 points of upside with very little downside. With putback risk taking center stage, they now face 2-3 points of upside and 40-50 points of downside. This change in economics has caused the lending industry to shrink by half."

BofAML said participation in the government's HARP has been limited to higher-quality borrowers. Whereas, focusing on refinancing high-loan-to-value and low-FICO borrowers "can have a bigger impact on the economy." And any new federal effort to boost the number of mortgage refinancings must help build out lending capacity, according to BofAML.

"Lift the specter of putback risk and the pieces fall into place: banks are freed to compete over riskier borrowers; GSEs get updated information about loans on their books and reduced default risk; mortgage financing finds its way to homeowners who have been on the outside; and Washington's involvement is minimal," according to Bank of America Merrill Lynch.

Moody's Investors Service downgraded ratings on 25 subordinate tranches from six deals worth about $70 million issued by Fannie Mae REMIC Trust.

These bonds are not guaranteed by the government-sponsored enterprise and the collateral for the bonds includes mostly first-lien, fixed and adjustable rate, mortgages insured by the Federal Housing Administration or guaranteed by the Veterans Affairs.

Most of the tranches were pushed further down the non-investment grade scale. Although some bonds issued through the Fannie Mae REMIC Trust 2001-W3 moved from Aa2 and Baa1 and A2 to Baa2. Analysts said the downgrades reflect Moody's updated loss projection for the RMBS FHA-VA portfolio.

The ratings agency now projects "higher potential pool losses due to self-curtailment of claims by servicers whereby they pass expenses as deemed reasonable to the trusts instead of submitting them to HUD, and continued weaknesses in the macro economy and the housing market."

The South Florida Business Journal is reporting the Bank of America Centre in West Palm Beach, Fla., faces foreclosure.

Wells Fargo, acting as trustee for a commercial mortgage-backed securities fund that includes the loan on the building, filed a foreclosure lawsuit because the borrower no longer wants to own the building, according to the newspaper.

Regulators didn't close any banks last week.

The Federal Deposit Insurance Corp. recently reported banks it insures added $64.4 billion in loans and leases during the second quarter, a 0.9% increase from the previous quarter and the first growth in three years. And the number of problem banks monitored by the FDIC dropped in the second quarter for the first time since the third quarter of 2006.

The National Association of Realtors reports pending home sales data for July Monday morning.

Analysts polled by Econoday expect pending sales to decrease 1% for July with estimates ranging from declines of 2% to an increase of 2.5%. Pending home sales climbed 2.4% in June on the heels of an 8.2% jump the prior month.

The Standard & Poor's/Case-Shiller home price index for June comes Tuesday. Both the 10-city and 20-city indices of the closely watched report rose about 1% in May. Zillow anticipates a 4.3% decline in home prices for June.

Write to Jason Philyaw.

Follow him on Twitter: @jrphilyaw

Friday, August 26th, 2011

[Update 1: includes more discussion of Ginnie Mae's repurchase policy]

Ginnie Mae will allow issuers to repurchase mortgages from its guaranteed securities if the loan completes a three-month trial modification, according to guidance released Friday. Modified loans were not previously eligible for repurchase.

Ginnie guarantees the timely payment of interest and principal to investors in MBS collateralized by Federal Housing Administration and Veterans' Affairs mortgages. The FHA directed servicers last week to place borrowers into a three-month trial before providing a permanent modification if they meet a specific set of requirements.

The new repurchase standards take effect immediately. Previously, issuers could only repurchase loans when a borrower failed to make a payment for three consecutive months.

"This is one of our most important efforts this year," said Ginnie Mae President Ted Tozer. "FHA loan performance data shows that many modified borrowers are at risk of a redefault."

Because modified loans often remained within the Ginnie Mae security and were not subject to a repurchase, investors and the FHA carried the risk of a redefault if the loan didn't reperform as planned.

"By requiring that high-risk non-HAMP borrowers undergo a trial payment period on the modified loan terms in order to test the borrower’s ability to repay, we hope to avoid the pattern of high re-defaults on modified loans," Tozer said. "Given the investor concerns about pre-payment speeds, working with FHA to create this trial modification initiative was clearly in the best interest of borrowers, issuers, and investors.”

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Friday, August 26th, 2011

Investors in soured Countrywide mortgage-backed securities used a legal trap Friday to block a controversial $8.5 billion MBS settlement between The Bank of New York Mellon and Bank of America (BAC: 7.2116 -1.21%).

The plaintiff in the case, Walnut Place, represents investors in Countrywide MBS who are trying to block Bank of New York Mellon – a Trustee holding the plaintiffs' MBS investments  – from settling with Bank of America over the sale of toxic, securitized loans without considering all of the investors' concerns.

The Walnut Place plaintiff filed a notice of removal Friday to get the case against the banks moved to federal court from state court on the grounds it's a class-action complaint with multiple parties and qualified for federal jurisdiction.

The controversy stems from an $8.5 billion settlement that Countrywide and BofA reached with investors who were represented by the Trustee,  The Bank of New York Mellon.

As part of the settlement process, BNYM filed a petition in state court to begin proceedings under state Article 77 to gain judicial approval of the proposed settlement.

The legal wrangling upset investors — including the Walnut Place plaintiffs — since it attempts to settle all claims within the Trust in one final transaction.

Manal Mehta with Branch Hill Capital noted if the case is moved to federal court, it "basically renders the Article 77 (proceeding) irrelevant."

"Article 77 is a New York Statute," Mehta explained. "Bank of America wanted to use Article 77 to make the settlement binding upon all 530 trusts including those who objected to the settlement."

He added, "Class action in federal court allows parties to opt out of the settlement."

The next play belongs to the banks, which will have to file a motion to ensure the case remains in state court.

Write to: Kerri Panchuk.

Friday, August 26th, 2011

Any government effort to revamp programs offering homeowners financial relief must focus on the riskiest borrowers and must measure the impact on secondary markets, said a report from Bank of America Merrill Lynch mortgage-backed securities strategists.

As it looks to boost the economy, the Obama administration is reportedly considering a sweeping new plan to allow underwater borrowers to refinance their mortgages at historically low rates, according to the New York Times.

Government programs implemented so far, such as the Home Affordable Refinance Program, show limited reach, restraining their economic impact. Federal Reserve Chairman Ben Bernanke Friday urged Congress to do more to fix the housing market, which he said is acting as a drag on the economy.

"A loan that goes into default is now likely to be put back to the originator, causing substantial losses, but the fees for creating a new loan are still stuck at about two points," write the authors, Chris Flanagan, Vipul Jain, Robert Marcus and Jimmy Nguyen, in the report.

The government "should focus on boosting refinancings among the borrowers that pose the biggest default risk and incentivize lenders to increase capacity and become more efficient," said the report.

One way to mitigate lenders’ downside risk: "The GSEs could clearly state that lenders for such loans will not have any putback liability as long as the loan documents are sufficiently complete that the GSEs could initiate foreclosures in the event of a borrower default," the report said. "This would remove obstacles that hinder originators from competing over high-risk borrowers."

The government should also make the HARP program permanent, allow lenders to target specific borrowers for refinancings, and do what it can to keep the MBS market stable, said BofA Merrill.

Write to Liz Enochs.

Friday, August 26th, 2011

James Coleman resigned from the Flagstar Bancorp (FBC: 0.6815 +3.26%) board of directors on Friday.

The Troy, Mich.-based bank grew from the 32nd largest mortgage lender in the country in 2006 with $19.3 billion in originations to the 11th largest in 2010 at $26.5 billion. But it hasn't reported a profit since the second quarter of 2008 when the housing market collapsed.

Flagstar has been unloading nonperforming mortgages an even shed its Indiana banking franchises in the second quarter. The New York Stock Exchange warned the company in August of a possible delisting because its stock traded at less than $1 for 30 consecutive days.

Now, Coleman leaves after nearly two decades on the bank's board.

"Dr. Coleman has served as a member of our board of directors since 1993, and we have benefited from his experience and insight," said Flagstar CEO Joseph Campanelli. "We appreciate his many contributions over the past 18 years and wish him well in the future."

Write to Jon Prior.

Follow him on Twitter @JonAPrior.



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