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Archive for September, 2011

Thursday, September 22nd, 2011

Mid-sized housing markets saw home price decreases in 13 of 20 markets studied by Altos Research with an indication that further cooling is on the way.

Prices flattened and are trending downward, the analytics firm said. The median price was $255,093 in mid-September, down less than 1% from $256,021 in mid-August.

The biggest three-month price increases were in Durham, N.C. (5.69%); Boulder, Colo. (4.40%); and Reno, N.V. (2.93%). Durham had the largest one-month increase in median price, with a 1.68% increase to $280,313.

Eleven markets saw prices decline at the three-month level. The three biggest decreases were Naples, Fla. (-3.15%); Pittsburgh, Pa. (- 2.76%); and Charleston, S.C. (-1.20%).

The leaders in the three-month price increases are Durham (5.69%), Boulder (4.40%), and Reno (2.93%). Durham had the largest one-month increase in median price, with a 1.68% increase to $280,313.

Inventory in mid-sized cities studied by Altos was down in 18 of the 20 markets, Altos said in its mid-cities 20-city composite report that suggests a loss of momentum from earlier summer activity. Inventory was down 1.79% decrease over last month. Over a three-month period, inventory has decreased 2.08%.

See below chart for a sampling of median price changes in several of the markets studied. (Click on chart to expand.)

Write to Kerry Curry.

Follow her on Twitter @communicatorKLC.

Thursday, September 22nd, 2011

Only 1.3% of purchase mortgages eligible for government backing in 2010 would have been left out under the new conforming loan limits set for Oct. 1, according a Federal Reserve study of Home Mortgage Disclosure Act data released Thursday.

Congress elevated the conforming loan limits in 2008 to allow the Federal Housing Administration, Fannie Mae, and Freddie Mac to insure and guarantee more mortgages when the credit markets froze.

Barring a last-minute measure by Congress, the limits expire Oct. 1, though key lawmakers said they will have another chance later in the year to restore the limits to their higher levels.

In the most expensive neighborhoods, the loan limits will drop to $625,500 from $729,750.

In each area, the caps will drop to 115% of the area's median home price, down from 125%. Many industry trade groups lobbied Congress to extend the limits and help aid a still struggling housing market toward recovery.

According to a separate study done by the National Association of Homebuilders, the drop could affect as many as 17 million properties.

According to the Department of Housing and Urban Development, 669 counties in the country will face changes to the FHFA limits. The Federal Housing Finance Agency said 250 counties will affected by the change in GSE limits.

Both the FHA and GSE limits will fall differently in each county and in some cases to different levels.

Loan sizes eligible in 2010 that would have been ineligible under the new limits belonged disproportionately to Asian borrowerss who used independent mortgage banks.

More than half of these borrowers lived in the Sand States (Florida, Arizona, California, Nevada), while none lived in the Rust Belt states (Ohio, Michigan, Wisconsin, Illinois, Indiana), according to the study.

According to Fed researchers, an additional 2.1% of 2010 purchase mortgages would have been affected by the changes in areas where the FHA limit fell more than the GSEs.

"Borrowers affected by FHA limit changes but with loan sizes under the GSE limits would appear to be likely to have the GSEs as a viable option if the changes are implemented (although lending standards for FHA loans differ from those for loans eligible for purchase by the GSEs in ways other than just loan size)," according to the Fed study.

In 2010, 35% of purchase mortgages and more than 58% of refinances were in areas where the FHA limit dropped but the GSE limit didn't.

Fed researchers admitted it was more difficult to determine what options would be available for borrowers no longer eligible for either FHA or GSE programs. The share of mortgages across the country that would have been affected by the conforming loan limit drop was higher in 2010 than in 2008 or 2009 but about the same as the share in 2006 or 2007.

Researchers said factors other than loan limits must have affected the amount of lending taking place in these years.

But if the loans affected by the loan limit drops had been forced into the jumbo market in 2010, that market would have grown by 50%. Lenders in the 250 affected counties would have seen their portfolios grow by more than 20%.

"These numbers are substantial and suggest that at least some of these loans would not have been originated or would have been originated only at higher prices," the Fed researchers said.

Write to Jon Prior.

Follow him on Twitter @JonAPrior

Thursday, September 22nd, 2011

The Dow Jones Industrial Average plunged about 500 points Thursday before closing down 391 points, or 3.5%, as dim economic news from monetary policymakers and the growing European debt crisis spooked investors.

Global financial markets are reacting to a series of negative reports, including Treasury Secretary Timothy Geithner's assertion that political instability and a debt crisis overseas are the greatest risks to the American economy, according to a Reuters report.

Fears of a European debt crisis hurting U.S. growth prompted the Senate Banking Committee to invite a panel of European economists and banking experts to discuss how their debt issues will impact the fledgling U.S. economy.

"The first thing we need to look at is the fact the European economy will stagnate over the next couple of years," said Joachim Fels, global head of economics at Morgan Stanley (MS: 18.11 -0.22%). "Italy and Spain will likely have a new recession next year, so U.S. exports to Europe will slow further."

Fels said a falling euro also means a stronger U.S. dollar, which also will slow export consumption.

He told U.S. lawmakers it's important for global economists to watch what is happening in Italy, which is facing a debt crisis of its own.

"Italy is too big to fail," Fels said. The failure of Italy would be a major financial crisis, he added. "Lehman would pale in comparison. Italy also is too big to rescue, and there is no one around in the euro area to bail Italy out."

On a more optimistic note, Fels said there are encouraging signs because the Italian government went through a significant spending overhaul in the 1990s, and the nation already has a balanced budget amendment in place.

"I am quite confident Italy can get through this simply because they have done this before," Fels said.

He also warned lawmakers that European contagion needs to be stopped through a recapitalization of the banks.

However, all of the economists who testified conceded the euro zone remains hog-tied by a united structure that connects the financial risks of nations, while failing to ensure a central system where liquidity can be tapped in times of crisis.

"The bad news is: Where does the capital come from to recapitalize the banks?" Fels said. "In many of the countries these companies do not have access to capital markets anymore. And it's very hard to get countries like Germany to recapitalize banks in other sovereigns."

Also testifying was J.D. Foster, a Norman B. Ture Senior Fellow in the Economics of Fiscal Policy at the Heritage Foundation.

"At some point this house of cards will come tumbling down, taking the European system with it," Foster said when describing what he considers the euro zone's expanded welfare state mentality and low-growth financial structure.

"This will be halted by recapitalizing the banks," he said, adding it is unclear where the capital will come from and how much.

Write to Kerri Panchuk

Thursday, September 22nd, 2011

Any national plan to facilitate mass sales of foreclosed homes should require the investors purchasing those properties to partner with local nonprofit groups, according to the Greenlining Institute.

"We're very concerned that investors are again going to have the upper hand buying at a severe discount and then not invest in the communities where these homes are located," said Orson Aguilar, executive director of the institute, a Berkeley, Calif.-based nonprofit research group that advocates for low- and moderate-income neighborhoods.

"We're talking about a huge transfer of wealth to a group of investors in the name of stabilizing the market," he told HousingWire Thursday.

Investors should be local if they are buying in bulk, he said, or have nonprofit partners based in the community.

"There needs to be a local contact that can be held accountable in case there are cases where the property is not being adequately maintained," Aguilar said.

The Obama administration has received close to 4,000 responses to the request for information it put out in August seeking new ideas on how to sell real estate-owned properties in the federal portfolio, said Edward DeMarco, head of the Federal Housing Finance Agency, which oversees Fannie Mae and Freddie Mac.

The government currently owns about half of the REO inventory in the country.

"To be clear, this effort is not intended to develop a single, national program for REO disposition," DeMarco said Monday at the American Mortgage Conference in Raleigh, N.C. "Rather, we are most interested in proposals tailored to the needs and economic conditions of local communities."

However, large-scale disposition of REOs is needed to stabilize the housing market, according to the Mortgage Bankers Association.

"Getting more REO properties into the hands of owner-occupiers would be the best option for stabilizing neighborhoods," said MBA President and CEO David Stevens.

Keeping the needs of local neighborhoods at the forefront is a key concern of the Greenlining Institute, said Aguilar, who presented his organization's perspective last week to DeMarco, Federal Reserve Chairman Ben Bernanke and Carol Galante, commissioner of the Federal Housing Administration.

"One of our primary concerns with REO-to-rental (programs) is that they intend to sell in bulk to investors," Aguilar said. "From our experience and based on studies, investors did not do a good job of maintaining and rehabbing properties."

High demand from investors makes a local partnership requirement feasible, he said.

"I think these bulk REOs are such a good deal and so many investors are just salivating to get their hands on them that they'd be willing to engage in this type of process as long as their margins are kept in place and whatever return they need (is maintained)," he said.

One portfolio adviser disagrees with Aguilar's assertion that any federally induced REO-to-rental program will sell to bulk investors.

"Most institutions are not in favor of bulk sales, but I am sure they are doing mini-bulk or asset-by-asset bid," said Ron D'Vari, co-founder and chief executive of NewOak Capital.

"Bulk auctions are typically very challenging as the buyers are not going to be able to do their homework, which is super expensive, for a case that they may lose. Many institutional buyers actually stay away or bid very low due to their light due diligence," D'Vari said.

He does believe REO-to-rentals "is typically a model local investors will pursue and not a national organization.

"The best strategy is to sell the assets to the highest bidders locally that know if they want to sell or rent," D'Vari said. "Leaving the asset empty is not an option."

Write to Liz Enochs.

Thursday, September 22nd, 2011

The American judicial system is about to get a test more worthy of media coverage than the O.J. Simpson trial.

It's a shame the media doesn't cover commercial litigation the way it covers sensational criminal cases.

Legal experts blame mortgage legacy issues at major banks and RMBS litigation for much of the uncertainty plaguing financial markets and the economy.

Christopher Whalen with Institutional Risk Analytics pointed this out in an email to clients Thursday.

"The factors making markets uneasy with respect to large financials are not going to be resolved in the marketplace," he said.

Instead, Whalen said, Bank of America (BAC: 7.215 -1.16%) and Wells Fargo (WFC: 29.37 +1.10%) in particular "have considerable remaining issues with respect to housing and investor claims on RMBS. These matters are in the hands of the courts."

Whalen reiterates some of the thoughts espoused by attorneys attending the American Conference Institute's Residential Mortgage Litigation & Regulatory Enforcement conference in Dallas this week.

Attorneys speaking at the conference noted an influx of claims tied to mortgage-backed securities and structured financial products involving mortgages.

The key question that remains is what firms or parties will end up facing the ultimate risk for losses on soured loans that were securitized and sold multiple times. They were even insured, pulling in the interest of insurance companies.

It's no longer new information that banks, trustees, investors and government agencies are playing a huge game of who is going to take a haircut on the poorly underwritten RMBS deals.

You have monoline insurers, such as MBIA Inc. (MBI: 12.07 +0.58%), suing financial institutions like Countrywide (now BofA), saying misrepresentations made on mortgage loans under representations and warranties unfairly put the insurers on the hook for excessive risks. The Association of Financial Guaranty Insurers went a step further in a report released in August, saying: "We estimate that these BofA repurchase obligations aggregate in the range of $10 billion to $20 billion for our industry members alone."

Then you have investors, and even an attorney general's office, pushing back at the $8.5 billion proposed mortgage-backed securities settlement between Bank of America and The Bank of New York Mellon, which served as trustee on an RMBS transaction. The investors and various government agencies have weighed in on that proposed settlement, filing their own motions in court, saying the agreement fails to address the concerns of other parties.

In other words, RMBS and mortgage-related securities litigation is a major issue for banks, and it's not going away anytime soon.

Going back to Whalen's commentary, he said the downgrades by Moody's Investors Service of Bank of America, Citigroup (C: 30.46 +0.26%) and Wells Fargo this week confirms the ratings agency "provides no advance warning of substantial operational risks in these and other large cap financials."

He added "to be fair, looking at the improved bank stress index for these names, you can understand how a ratings agency could pretend that all is well looking only at the public disclosure."

Whalen explained Bank of America ranks as a 'B' on the bank stress index at the end of second quarter and Wells is rated 'A', "both up a full notch since the start of 2011. Citigroup, he noted, is still rated 'C' "because of the continued high charge-off rate, but up from 'F' where it languished for six quarters."

But as Whalen said earlier, legacy legal risks are keeping the markets uneasy.

"We view BAC as requiring a receivership and WFC, C, JPM, in order of severity, as manageable with years of further pain," he said.

Whalen suggested Bank of America faces as much as $100 billion in put-back claims on Countrywide claims alone. Put-back risk is the possibility that a loan originator will have to repurchase a loan.

A whole panel at the litigation conference devoted its time to discussing investor claims against servicers on loan modifications, representations and warranties, and claims tied to the securitization process.

All signs point to these suits and their related settlements becoming a major issue for banks and the overall economy.

One can only wonder why Casey Anthony, for example, is a more famous party in court, as RMBS have a greater impact on American lives.

Write to Kerri Panchuk.

Thursday, September 22nd, 2011

Bank of America (BAC: 7.215 -1.16%) asked the U.S. District Court in Nevada for a case management conference to determine the sequence of proceedings it must deal with in the "unprecedented breadth and complexity" of the Nevada attorney general's case against the bank.

In October 2008, Nevada AG Catherine Cortez Masto reached an agreement with Countrywide Financial Corp. to settle allegations of mortgage origination and servicing fraud. Countrywide agreed to modify a specific number of mortgages as part of the settlement.

But at the end of August, Masto filed a second amended complaint against Countrywide and BofA, claiming the bank and its subsidiaries violated the consent judgment by failing to provide the modifications and initiating a foreclosure on some properties in the modification process.

Masto said in the amended complaint that because BofA violated the judgment, her office would be released from the agreement and could pursue its original claims against Countrywide for consumer fraud in originating, marketing and servicing mortgages.

Her office told HousingWire Wednesday that criminal charges would be coming soon to the entire industry.

BofA responded in court last week.

"Among other things, the bank requests a case management conference, given the broad expansion of the state's already unwieldy allegations," a spokesman said.

The banking giant requested the conference in a court filing Sept. 16, assuming Masto's motion to dissolve the agreement is granted. Such a conference would set a schedule for how such a massive case would proceed.

"The scope of the released claims is undeniably vast, covering entire sectors of the mortgage industry — such as mortgage origination, including marketing, underwriting and securitization practices," BofA said in its motion.

The bank already faces billions in litigation expenses as a result of the mortgage meltdown related to Countrywide, which it acquired in 2008. It has shed businesses, employees and granted Warren Buffett very favorable terms for his $5 billion investment in the bank.

Just recently, BofA, and 16 other financial institutions, were sued by the Federal Housing Finance Agency, which alleged the bank and Countrywide misrepresented billions in mortgage-backed securities sold to Fannie Mae and Freddie Mac.

Masto served 73 requests for information to BofA, Countrywide and six other defendants that BofA claims were not parties to the consent judgment they allegedly violated, according to the court filing.

Masto sought information on documents relating to servicing procedures for "potentially tens of thousands" of borrowers.

According to the BofA court filing, the discovery among the different parties was limited to between Jan. 1, 2009, and June 30, 2011, triple the original time period, according to BofA. In comparison, the look-back reviews into major mortgage servicers will span 4.5 million loan files from Jan. 1, 2009, to Dec. 31, 2010.

According to the court filing, Masto also issued subpoenas to 26 financial institutions, ratings agencies, insurance companies and others.  The deadline for discovery is Sept. 17, 2012.

Before BofA tackles the Masto case, the bank asked the Nevada District Court to force Masto to prove the company and Countrywide are in violation of the original consent judgment.

"The price of pursuing a complaint that by (Masto's) own admission covers virtually every corner of the American mortgage industry is acceptance of a case management regime that accounts for its scope," BofA said in its filing.

Write to Jon Prior.

Follow him on Twitter @JonAPrior

Thursday, September 22nd, 2011

The Mortgage Bankers Association is going to take back management of its MISMO platform from MERS, according to a HousingWire source familiar with the plans.

The crossover will be complete Dec. 1 and a press release providing more details is said to be in the works.

"A lot of noise has been made about the new MERS CEO and the recent court wins for the company, but I find it rather interesting that the MBA no longer trusts the company with its data standards initiative," the source said.

MISMO stands for Mortgage Industry Standards Maintenance Organization. It develops and maintains residential and commercial property standards.

Mortgage Electronic Registration Systems took over the daily management of MISMO in February 2009, with the MBA still in charge of operational oversight.

Write to Jacob Gaffney.

Follow him on Twitter: @JacobGaffney.

Thursday, September 22nd, 2011

In the summer of 2007, a team of corporate investigators sifted through mounds of paper pulled from shred bins at Countrywide Financial Corp. mortgage shops in and around Boston.

By intercepting the documents before they were sliced by the shredder, the investigators were able to uncover what they believed was evidence that branch employees had used scissors, tape and Wite-Out to create fake bank statements, inflated property appraisals and other phony paperwork. Inside the heaps of paper, for example, they found mock-ups that indicated to investigators that workers had, as a matter of routine, literally cut and pasted the address for one home onto an appraisal for a completely different piece of property.

Eileen Foster, the company’s new fraud investigations chief, had seen a lot of slippery behavior in her two-plus decades in the banking business. But she’d never seen anything like this.

Thursday, September 22nd, 2011

Real estate investment advisory firm Cornerstone Real Estate Advisers appointed Mark Higgins president.

Hartford, Conn.-based Cornerstone promoted Higgins as the firm aggressively expands activities tied to its portfolio of commercial properties. Higgins came to Cornerstone in 1996 and most recently served as chief investment officer.

The company focuses on equity acquisitions, asset management and disposition work, as well as handling structured finance products associated with commercial mortgage-backed securities, mortgages and mezzanine loans.

"Cornerstone's ability to play across the entire real estate capital spectrum, providing a full complement of debt, equity and real estate securities expertise, brings a wealth of opportunity to our clients," Higgins said in a statement.

Higgins co-founded HPI Realty Partners in San Francisco 20 years ago. Prior to that, he was senior vice president at Piedmont Realty Advisors, a private real estate investment firm. He also served as vice president at Aetna Realty Investors.

Cornerstone has 300 employees and manages or services more than $32 billion in assets.

Write to Kerri Panchuk.

Thursday, September 22nd, 2011

Total commercial/multifamily mortgage debt increased for the first time in two years when it hit $2.4 trillion during the second quarter, the Mortgage Bankers Association said Thursday.

That amount is up $3.5 billion, or 0.1%, from the first quarter, marking the first time since 2009 new mortgage debt outpaced paying off or paying down existing loans, according to Jamie Woodwell, MBA vice president of commercial real estate research.

Multifamily mortgage debt reached $802 billion in the second quarter, up $3.9 billion higher than the year earlier.

"Increases in the balance of mortgages held and insured by life insurance companies, Fannie Mae, Freddie Mac and FHA outpaced declines among banks and thrifts and CMBS issues," Woodwell said.

The MBA report excludes loans for acquisition, development and construction, as well as loans collateralized by owner-occupied commercial properties.

Commercial banks still hold the largest share of commercial/multifamily mortgages with $792 billion, or 33% of the total debt outstanding in the segment.

CMBS, CDO and ABS issues rank second with $617 billion of commercial/multifamily mortgages in their control, representing 26% of the total. Agency and GSE portfolios hold 14% of the market with $332 billion. Life insurance firms hold $304 billion, or 13% of the market, according to the huge trade group.

When looking just at multifamily mortgage debt, agency, GSE portfolios and MBS still hold the largest share with $332 billion, or 41% of the all multifamily debt outstanding. Banks and thrifts are next with $216 billion, or 27% of the total.

Life insurance companies increased their stake the most, boosting investment by $4 billion, or 1.5%, in the second quarter. Life insurance companies continue to invest in both whole mortgages, where they own the note, commercial mortgage-backed securities, collateralized debt obligations and other asset backed securities.

Real estate investment trusts on a percentage basis experienced the largest increase in commercial/multifamily mortgage holdings, with their stake growing 8%.

Write to Kerri Panchuk.



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