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.
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.
Tags: American Conference Institute, Bank of America, Citigroup, Countrywide Financial Corp., JP Morgan Chase, litigation, MBIA Inc., Moody's Investors Service, O.J. Simpson trial, residential mortgage-backed securities, RMBS, soured mortgages, Wells Fargo
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