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Archive for September, 2011

Wednesday, September 21st, 2011

The number of mortgage applications filed this past week edged up a slight 0.6% as more Americans  refinanced their mortgages, an industry trade group said Wednesday.

For the  week ending Sept. 16, the Mortgage Bankers Association found the market composite index — a measure of mortgage loan application volume — grew 0.6% on a seasonally adjusted basis.

Much of the limited positive activity was driven by homeowners refinancing existing loans. The refinance index grew 2.2% over the previous week, while the seasonally adjusted purchase index fell 4.7% from a week earlier.

The MBA report says the refinancing share of mortgage activity in the U.S. represented 78.3% of all applications filed, compared to 76.8% a week earlier. The ARM share of activity fell from 7.3% to 6.7%.

The MBA released new data showing investors represented 5.7% of all homes purchased in August, up from 5.5% in July. New investor activity in the Pacific region also drove the increase, the MBA said.

Overall, the share of mortgage purchases on second homes edged up from 5.9% in July to 6% in August.

When looking at the average contract rate on a 30-year, fixed-rate mortgage with a conforming loan balance of $417,500 or less, the MBA found the rate  remained the same, hovering at 4.29% in August.

The average contract interest rate for 30-year FRMs tied to jumbo loans fell to 4.55% from 4.57%. Looking at the 15-year FRM, the average rate declined to 3.46% from 3.52%.

The MBA reported "the average contract interest rate for 30-year fixed-rate mortgages backed by the FHA  decreased to 4.07 percent from 4.08 percent, with points increasing to 0.51 from 0.48 (including the origination fee) for 80 percent loan-to-value (LTV) ratio loans."

Meanwhile, 5/1 ARMs had an average interest rate of 2.96 this past week, down from 2.99%  a week earlier.

Write to Kerri Panchuk.

Tuesday, September 20th, 2011

Uncertainty will loom over the Consumer Financial Protection Bureau as long as the novice agency sits in the middle of a political debate over funding and structural issues, state attorneys general and government regulators conceded Tuesday.

During the Residential Mortgage Litigation & Regulatory Enforcement Conference in Dallas, Indiana Attorney General Greg Zoeller commended Richard Cordray, the former Ohio AG appointed by President Obama to serve as CFPB director.

Zoeller supports Cordray as a person and professional: "Richard is an excellent person to run the thing." Yet, Zoeller admitted he personally declined to sign a letter in support of the director's appointment because he believes the legislature should fix the CFPB's structural issues before a leader is declared.

Zoeller considers the confirmation hearing dispute to be the Legislature's last ditch effort to fix the consumer agency's systemic issues.

"Not having a Chairman confirmed is the only way the legislature can have a rethinking of the entire process, which is needed," Zoeller said.

One of the issues troubling Zoeller is the CFPB's apparent lack of appropriate oversight and the fact it receives funding directly from the Federal Reserve.

Meanwhile, New Mexico Attorney General Gary King said "it's very frustrating to us not to have something in place by now." He also commended Richard Cordray, saying "Rich is very smart and he'll do a good job. It would be great to have leadership in place."

King said AGs are in a holding pattern in terms of giving specific direction when it comes to the new regulatory environment. "There is no need to pass state regulation until we know what the regulations will be," King explained.

Write to Kerri Panchuk.

Tuesday, September 20th, 2011

The International Monetary Fund thinks the United States economy is currently not strong enough to fully recover without support from the Federal Reserve.

In the recently released "World Economic Outlook" report for September, the IMF said that fiscal policy will tighten further in 2012, as the Federal Reserve remains on the sidelines. IMF staff analysis suggests that this switch from fiscal stimulus to consolidation will dampen short-term activity.

However, the Federal Open Market Committee is meeting this week and will determine if further stimulus is necessary from the Fed.

Among the advanced economies, real GDP growth in the United States is projected to pick up very gradually from about 1% in the second quarter of 2011 to about 2% later in 2012.

However, this fragility faces the risk of being shattered.

"A strong increase in credit risk could quickly morph into a liquidity shock, as global investors take flight into precious metals and cash: This could occur if there were major political deadlock on how to move forward with consolidation in the United States or if the euro area crisis were to take a dramatic turn for the worse," the report states. "The global repercussions of such shocks would likely be very severe."

The IMF report adds that house prices show no signs of stabilizing in key crisis-hit economies such as the United States and Spain.

"A large overhang of unsold properties with underwater mortgages continues to present a major downside risk to consumption in the United States," the report states, noting that not all property markets are doing so poorly.

"House prices are rising again in other advanced economies, such as France and Germany, and remain high in Canada," it adds. "However, households everywhere have recently suffered significant losses in stock market wealth."

Write to Jacob Gaffney.

Follow him on Twitter: @JacobGaffney

Tuesday, September 20th, 2011

Mortgage delinquencies fell almost 12% in August from a year earlier, according to data released Tuesday by Lender Processing Services Inc.

That reading comes on the heels of news barely three weeks ago that the combined delinquency rate on mortgages held by major banks fell to 6.68% in the second quarter, the lowest level since the third quarter of 2009, according to Federal Deposit Insurance Corp. data.

The total U.S. delinquency rate, indicating loans more than 30 days past due but not in foreclosure, dipped to 8.13% last month, according to the LPS data.

That was a 2.5% decline from July, when the delinquency rate registered 8.34%, according to month-end mortgage performance statistics from LPS's database of some 40 million mortgage loans.

About 4.25 million properties were at least 30 days delinquent but not yet in foreclosure in August, with 1.9 million of those at least 90 days past due.

Meanwhile, the foreclosure pre-sale inventory rate, which measures the number of properties that have entered the foreclosure process but not yet been sold, rose 8.2% from a year earlier, to 2.15 million properties.

Florida, Mississippi, Nevada, New Jersey and Illinois had the highest percentage of loans in delinquency or foreclosure. The states with the lowest rates of non-current loans were Montana, Wyoming, Alaska, South Dakota and North Dakota.

Write to Liz Enochs.

Tuesday, September 20th, 2011

The Dallas County District Attorney filed suit Tuesday against Mortgage Electronic Registration Systems, its parent Merscorp Inc. and others alleging MERS acts as a shadow recording system to avoid county recording fees.

District Attorney Craig Watkins told HousingWire that MERS cost Dallas County taxpayers $50 million to $100 million in mortgage transaction filing fees.

The suit also names as defendants Stewart Title Guaranty Co., Stewart Title Co., Bank of America (BAC: 7.22 -1.10%), and Aspire Financial doing business as TexasLending.com.

"We are looking at it from the standpoint that because this entity was created, they were able to shirk this responsibility to pay the filing fees that are associated with a mortgage transaction," Watkins said. "When a document is filed with the county, there is a fee that is associated with it, but because of MERS these fees have not been paid," he said.

MERS declined to comment. Other defendants couldn't immediately be reached for comment.

BofA is named in the suit in connection with loans that it originated secured by deeds of trust recorded in Dallas County listing MERS as the mortgagee or beneficiary. BofA should have known that would result in the Dallas County Clerk's Office improperly listing MERS as grantee in the deeds record index, the lawsuit said.

"Upon information and belief, many of the notes and mortgages securing such notes, or the servicing rights thereto, have been sold, assigned, or transferred without notice of such sales, assignments or transfers being recorded in the deed records of Dallas County, Texas," the lawsuit alleges.

Stewart is named in connection with the preparation and filing of deeds that name MERS and the underwriting of title insurance. The suit asks the court to consider Stewart a shareholder in MERS. Aspire is named as an originator of loans secured by deeds of trust recorded in Dallas County that list MERS as mortgagee or beneficiary.

Watkins estimates 250,000 property transfers were inadequately handled in Dallas County because of the way mortgages were registered with MERS electronically during the securitization process.

Watkins quotes extensively from both the Financial Crisis Inquiry Commission in the suit, and also includes an April letter from the Guilford County, N.C., register of deeds and the Southern Essex District of Massachusetts register of deeds that was sent to Iowa Attorney Tom Miller. Miller is leading a 50-state attorneys general investigation into questionable practices by the mortgage servicing industry.

That letter lays out "grave concerns" about the role of MERS and asks Miller, as part of a settlement in the case, to require "MERS assignments of deeds of trust/mortgages be filed in local recording offices throughout the United States."

Watkins hasn't been one to shy away from controversial issues as Dallas County's DA. Shortly after being elected in 2007, he oversaw, in conjunction with the Innocence Project of Texas, the review of hundreds of criminal cases that has resulted more than 20 people being freed for wrongful convictions. His actions have garnered national media attention.

MERS has also been in the news as the defendant in multiple lawsuits across the nation with many of those over the issue of its legal standing as mortgagee, or agent of the note holder with some of those won and others lost.

Write to Kerri Panchuk.

Tuesday, September 20th, 2011

The issue of whether or not a property is more environmentally friendly when compared to neighboring homes is not currently taken into great account during the appraisal process.

It's a practice that should end, according to a recent white paper from the Royal Institute of Chartered Surveyors.

RICS is suggesting that, in cases when homes contain sustainability features such as solar panels or tankless water heaters, it should favorably impact the appraisal.

"A property’s sustainable status can cover a range of social, environmental and economic matters that can potentially lead to changes in demand and therefore affect value," said Ben Elder, RICS global director of valuation.

While RICS is most recognized in the United Kingdom, the independent land valuation association maintains a network of 100,000 qualified members and more than 50,000 students and trainees in 140 countries, including the United States.

Sustainability features can also include a home’s energy efficiency rating and green materials used in construction, but RICS says the concept needs to go even further.

For example, if the home is close to public transportation, it lowers the carbon footprint of residents. This should also make the property more valuable, the white paper states.

"When calculating a property’s worth, the market doesn’t always take the issue of sustainability into account, but this could also have been said for central heating way back in the 1970s when people weren’t convinced it was going to have a market impact," said Elder, who is expecting some industry headwinds.

"With the increased emphasis on green living and energy efficiency, it is highly possible that the market will need to adapt," he added.

Homes built in the aftermath of the U.S. financial crisis should be more efficient in their use of space and energy to address a renewed emphasis on cost-consciousness among homebuyers, New York-based residential developer Mitchell Hochberg, principal at Madden Real Estate Ventures, told HousingWire in an interview appearing in the September issue.

Homebuyers are willing to pay more to get green features because they realize the operating costs of the home long term are far more important than the potential additional costs associated with buying a green home, he said.

Write to Jacob Gaffney.

Follow him on Twitter: @JacobGaffney

Tuesday, September 20th, 2011

Homebuilding stocks were mixed Tuesday, after UBS Securities (UBS: 14.01 +0.21%) upgraded PulteGroup Inc. (PHM: 7.7275 -0.93%) to buy from neutral.

Analysts said the homebuilder's current valuation provides "an attractive entry point," and kept their target price for the stock at $8.

PulteGroup's stock is down about 45% this year and traded as high as $46.81 in late July 2005. About 11 months ago, UBS changed its rating on Pulte to neutral from sell with a price target of $8.50.

In addition to Pulte, other gainers include KB Home (KBH: 9.735 +0.36%) and D.R. Horton Inc. (DHI: 14.21 +0.64%).

Meanwhile, Beazer Homes USA Inc. (BZH: 3.24 +0.31%) and Lennar Corp. (LEN: 21.98 -0.68%) fell Tuesday.

On Monday, Lennar posted a profit of $20.7 million, or 11 cents a share, for its fiscal third quarter, down 31% from $30 million, or 16 cents per share, a year earlier, despite an increase in new home orders.

Write to Jason Philyaw.

Follow him on Twitter: @jrphilyaw

Tuesday, September 20th, 2011

Every American upset with the state of mortgage lending should read the Fox Business News article on strategic default in order to meet the "New Face of Foreclosure."

Strategic defaulters are underwater borrowers who intend to remedy their "upside-down situation" by simply walking away from their mortgages.

The Fox Business article paints a clear picture of a 67-year-old strategic defaulter who is walking away from a $166,000 loan.

So is this man a distressed borrower who lost his job, fell ill or landed on unexpected hard times? No, not really. Those situations tend to garner sympathy, and rightfully so.

Instead, this man admits he collects two pensions, Social Security and generates additional income through a small business.

The defaulter also has the ability to make his payments, but lost his drive to do so when home values dropped, leaving him $45,000 underwater.

The borrower's attitude recently changed in other ways. He now wants to live in the city, but he can't sell his home in this economy. Even if he could, it's impossible to get back what he paid. It's a type of new-car syndrome, but on a large scale.

Yet rather than sticking it out, the homeowner called a firm that readily advises homeowners on how to strategically default on their mortgages. If the borrower gets his heart's desire, he will simply walk away from the mortgage, sending the home into foreclosure while remaining cash-rich and free to move on.

Good move, right?

Of course, his neighbors won't be so lucky. They will now be living next to an REO.

Call it the strategic default phenomenon, if you will, but it's more than a trend. It's a threat to the power of contracts and an attack against all Americans who are paying for the mortgage crisis in the form of tax dollars that supplement housing initiatives and maintenance on foreclosures. Not to mention that declining home values and tighter lending standards that are keeping new homeowners on the sidelines.

Mind you, we are not talking about those who are truly in distress. Foreclosures from unexpected life changes are a different beast altogether.

While businesses should not be excused for unethical practices, the idea that homeowners are committing a permissible sin by not paying affordable debt is not admirable. In fact, it's an insult to borrowers who never bought in the bubble and to other homeowners who keep paying on underwater mortgages despite their frustrations.

A few months ago, an attorney working in default raised the following question: What if the strategic defaulter had made money on the same house? If he bought the home for $144,000 and gained a $20,000 profit, could the originator then call the borrower and ask him to split the earnings?

F. Scott Fitzgerald's famous American novel, "The Great Gatsby," dealt with a similar phenomenon in his time. While Fitzgerald's rant against the "careless people" of society in Gatsby was interpreted as an assault against rich aristocrats, his rant was more about carelessness in general. And the principle goes across class boundaries. In his worldview, those who are careless make decisions without consequences. They enjoy the fruits of the high-rolling times and let others pick up the tab when things go bad.

Certainly in the mortgage crisis there were many people and companies who were careless. But the idea that strategic defaulters are common heroes pushing back against a rigged system is the biggest slap in the face to all homeowners who bought into the American Dream only to be stung by the mortgage crisis.

Write to Kerri Panchuk.

Tuesday, September 20th, 2011

Barclays Capital expects banks to pick up any slack in demand for 15-year and agency adjustable-rate mortgages from real estate investment trusts that are moving away from those investments.

The analysts expect demand from REITs to wane in the medium term because these companies "will be hurt as new capital raises will become very difficult in the face of volatile markets and regulatory uncertainty."

The Securities and Exchange Commission is considering an end to the exemption status REITs have when pooling and selling mortgage-backed securities.

The business model of these companies is "highly dependent on the ability to leverage up asset returns … MBS REITs deploy significantly higher leverage, compared with mutual funds and traditional REITs," according to the BarCap analysts.

Withdrawing the exemption will sharply lower leverage for REITs, the analysts said.

"This could lead to more equity raises (difficult) or asset sales (disruptive)," they said.

The analysts expect "the belly of the 30-year stack will face some pressure," but some of that has been priced in, and "attractive yields relative to Treasurys should attract money managers and banks to that sector."

Write to Jason Philyaw.

Follow him on Twitter: @jrphilyaw

Tuesday, September 20th, 2011

With the FOMC announcement just one day away, the market consensus is that we’re getting Operation Twist. The key question remaining is the size and composition of the twist.

Economists at Goldman Sachs said in a note late Monday that they expect the Fed, in increasing the average maturity of its bond holdings to stimulate the economy, to purchase a net $300-$400 billion in 10-year equivalent debt — i.e., taking on the same amount of duration risk as $300-$400 billion of the current 10-year Treasury note.



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