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Archive for September, 2011

Monday, September 19th, 2011

Individual buyers of single-family homes in New Jersey will no longer be required to notify the state Division of Taxation before the sale closes, according to a new law signed by Gov. Chris Christie.

In 2007, the New Jersey Legislature required purchasers in bulk sale transactions to notify the division 10 days before the sale closed. The division would notify the purchaser if it had a claim against the seller for taxes owed. If the purchaser didn't notify the division, it would be liable for those taxes. Individual sales of homes and seasonal rentals were made subject to the requirements until an exemption was signed into law on Sept. 14.

"We are thrilled to see this critical bill become law," said the New Jersey Association of Realtors CEO Jarrod Grasso. "The exemptions outlined in the law are necessary to prevent closings on homes from being delayed or even falling through."

According to Christie's office, the legislation signed last week is an effort to boost the state's real estate market and cut unnecessary red tape.

"Because of the manner in which the law was written, the sale of single-family homes from individual sellers was made subject to the requirements, resulting in home purchasers having to file paperwork and provide 10 days notice to the Division of Taxation for every real estate transaction, or risk being held liable by the state for the seller’s delinquent taxes," according to Christie's office.

In the second quarter, there were 9,156 existing home sales, down more than 23% from 11,958 in the same period last year, according to NJAR data.

"Cutting the red tape consumers have to contend with is yet another way we can help spur home sales," Grasso said.

Write to Jon Prior.

Follow him on Twitter @JonAPrior

Monday, September 19th, 2011

Credit ratings agency DBRS expects the rate of foreclosures to continue to rise for the remainder of 2011, but investors in the residential mortgage-backed securities that rely on these properties for collateral will have some time before losses kick in.

DBRS expects that real losses to the bond investors will more likely come in 2013.

"This is due to the length of time that it is currently taking to complete the foreclosure process, particularly in judicial states, which is averaging 24 months because the county clerks are battling their own backlogs due to budget cuts and mandatory furloughs," said DBRS analyst Kathleen Tillwitz in an email alert.

During the housing boom, where new mortgages were financed in the private sector, securitizations were created left and right to provide the necessary capital.

Many of those deals are not likely overcollateralized, meaning that when a home drops out of the bonded pool, there is no other collateral to replace the lost income stream. Other loss-mitigation tools, such as mortgage modifications, are not proving to be greatly effective at staving off foreclosure, at least for properties in these particular RMBS pools.

Five states accounted for 53% of the nation’s total foreclosure activity in August: California, Florida, Michigan, Illinois and Georgia. And it's growing. California default notices alone spiked 55% in August, and the number may keep rising in the coming months as mortgage servicers shake off the robo-signing freeze, according to RealtyTrac Senior Vice President Rick Sharga. Other states with foreclosure rates ranking among the top 10 were Arizona, Texas, Ohio, Nevada and Colorado. (Click chart to expand.)

"This was even with the majority of servicers using multiple modifications as their primary loss mitigation tool," Tillwitz said.

Write to Jacob Gaffney.

Follow him on Twitter: @JacobGaffney

Monday, September 19th, 2011

FICO scores, which are used by financial institutions to determine creditworthiness, remained "relatively stable" between 2005 and 2011, according to Banking Analytics Blog.

Still, new data suggests mortgage foreclosures, delinquencies and bankruptcies take a toll on consumers' FICO scores over the long haul.

A new report published on Banking Analytics Blog, which is a blog of the Fair Isaac Corp. (FICO: 35.97 -8.31%), says in the early part of the recession, consumers swung to the extreme ends of the FICO curve, with more of them landing in the low range with scores of 300 to 499 and in the high range of 800 to 850.

There were fewer borrowers in the middle range of 600 to 749. This distribution was the result of consumers wrangling with foreclosures, bankruptcies and loan delinquencies, which push scores lower, or focusing on eliminating debt or postponing purchases that require financing in the midst of the recession, which pushes scores higher.

Fast-forward a few years, and it's now apparent scores are moving in the middle range. FICO said 2.8 million more consumers are in the 550 to 649 range now than 2008.

"This shift may reflect the enduring impact to credit risk caused by the appearance of serious delinquencies on consumer credit reports," the company said on the blog. "As we reported in March, score recovery from negative events such as mortgage foreclosure typically takes from three to seven years for consumers who meet their credit obligations following such events."

Write to Kerri Panchuk.

Monday, September 19th, 2011

Dallas-Fort Worth residential foreclosure postings dipped below 5,000 for the sixth month in a row, according to data from Foreclosure Listing Service.

The company said 4,177 homes are posted for the upcoming October foreclosure auctions, a 17% drop from 5,026 a year ago.

"Without a doubt, this is good news. But, I am still very guarded about the foreclosure market," said George Roddy Sr., president of the Addison, Texas-based firm. "I am not celebrating a turnaround yet.”

Continued economic improvement is needed for the foreclosure postings to continue to drop, he said. Monthly postings have been below 5,000 for six months, with a low of 3,719 postings in May and a high of 4,774 in September.

Although Texas' unemployment, at 8.5%, is one of the lower rates in the nation, it doesn't measure homeowners who have run out of unemployment benefits or don't qualify for unemployment benefits. Statistics also don't reflect the number of workers who are underemployed.

"Even though postings are below the very highest end seen in this foreclosure cycle, posting activity still remains high," Roddy said. "Posting activity remains almost 300% higher than it was in 2000 when only 1,049 postings were filed for the 10th foreclosure auction of the year."

At the September auctions, investors scooped up foreclosed properties in DFW for 19 cents to 77 cents on the dollar.

"From the investment angle, it is amazing to see a home with an assessed value of around $102,000 being purchased on the courthouse steps for just $19,500,” Roddy said.

Write to Kerry Curry.

Follow her on Twitter @communicatorKLC.

Monday, September 19th, 2011

A proposed rule that aims to eliminate  conflicts of interest during the securitization of mortgages and other assets won the approval of the Securities and Exchange Commission Monday.

The rule, which received unanimous approval from the SEC Commission, would prevent sellers of ABS from betting against the same securities they create.

The rule has two prongs. The first prong "prohibits a firm from packaging an ABS, selling the ABS to an investor, and subsequently shorting the ABS to potentially profit at the same time as the investor would incur losses."

The second prong prevents an institution from letting a third party  assemble an ABS in a way that creates an opportunity for the third party to benefit from the ABS's failure.

The issue captured the attention of the SEC after the 2008 financial crisis. Earlier this year, a report from a Senate Banking Committee criticized the actions of financial institutions that handled complex asset-backed securities prior to the mortgage market meltdown.

The new proposed rule, which will be published for a 90-day public comment period,  is a catalyst for putting Section 621 of the Dodd-Frank Wall Street Reform and Consumer Protection Act into effect.

“This proposed rule is designed to ensure that those who create and sell asset-backed securities cannot profit by betting against those same securities at the expense of those who buy them,” said SEC Chairman Mary Schapiro. “At the same time, the proposed rule is not intended to interfere with traditional securitization practices in which loans are originated, packaged into asset-backed securities, and offered to investors in different structures.”

The American Securitization Forum issued a statement, saying it supports the intent of the provision, but wants to ensure the definition of a material "conflict of interest"  is outlined in a fashion that does not stymie the benefits of securitization.

“ASF strongly supports the intent of this provision, which is to eliminate incentives for market participants to intentionally design asset-backed securities to fail,” said Tom Deutsch, ASF's executive director. “However, we hope that the rules proposed by the SEC are crafted to eliminate these incentives without unintentionally prohibiting appropriate hedging, market making and other legitimate transactions, and causing unnecessary adverse impacts on the markets for asset-backed securities."

The Securities Industry and Financial Markets Association added that the SEC "should issue rules implementing Section 621 that do not create unnecessary or prohibitive restrictions on the asset-backed securitization (ABS) markets, such as restricting industry practices that are fundamental to the issuance of ABS, and that will not be detrimental to the healthy functioning of the securitization markets."

Write to: Kerri Panchuk.

Monday, September 19th, 2011

The reviews federal regulators required of the 14 largest mortgage servicers to determine how many borrowers were harmed by faulty procedures will span nearly 4.5 million loan files, according to Acting Comptroller of the Currency John Walsh.

In the coming weeks, homeowners who faced a foreclosure will be able to request a review of their case if they believed they suffered financially as a result of a servicer's error. Direct mailings and an advertising campaign will target borrowers who received a foreclosure between Jan. 1, 2009, and Dec. 31, 2010.

In April, the 14 servicers, which include Bank of America (BAC: 7.215 -1.16%), JPMorgan Chase (JPM: 37.28 -0.56%), Wells Fargo (WFC: 29.38 +1.14%) and others, signed consent orders with the Office of the Comptroller of the Currency, its now absorbed Office of Thrift Supervision, and the Federal Reserve.

The orders settled an investigation into faulty servicing practices including robo-signing, dual-track foreclosures and a shortage of qualified staff to work with delinquent borrowers.

As part of their investigation, the regulators along with the Federal Deposit Insurance Corp. spent three months studying 2,800 loan files, roughly 200 per servicer, but required third parties to handle the look-back reviews of any pending or completed foreclosure in the allotted time.

Walsh, during an American Banker symposium Monday, said the initial review was "not nearly enough to answer all questions."

The consent order, signed by each member of the board of directors at the banks, required new oversight, a single point of contact for the borrowers, and the end of proceeding with a foreclosure while a modification is being considered.

"All of the steps I've described thus far are aimed at ensuring the process works going forward — the 'fixing what’s broken' piece. But for homeowners who ended up in foreclosure, the critical issue is whether they were financially harmed due to servicer deficiencies, errors or misrepresentation and, if they were, what kind of restitution should be provided," Walsh said.

He added these reviews are the "most ambitious and complex aspect" of the consent orders.

Walsh admitted many borrowers have become jaded by the inefficiencies and confusion of the process.

The files are currently being divided into targeted segments to identify which cases have the highest potential of financial injury.

Walsh said regulators are setting up a system for individual third-party consultants to examine the cases for any injury caused by the errors. The servicers will be required to draft a remediation plan subject for approval by the OCC and the Fed.

The reviews, he said, will take months.

Because Walsh said the regulators are working with the Justice Department and the other state attorneys general to "harmonize" the requirements from their separate investigation, the full impact from the servicing issues may not be realized for some time.

"While I wish that there was a faster way to address the problems, provide relief, and restore the smooth functioning of the housing market, the fact is that this process will take some time to complete," Walsh said.

Write to Jon Prior.

Follow him on Twitter @JonAPrior

Monday, September 19th, 2011

The Obama administration fired several salvos at economic reform Monday, including details on changes to housing finance.

One such consequence, should the proposed changes take, would be to expand the universe of private mortgage insurance for Fannie Mae or Freddie Mac loans.

The government-sponsored enterprises often require private mortgage insurance on mortgages with loan-to-value ratios above 80%. The coverage is often deeper than is even required by law and there are hints it could go to a lower LTV.

Federal Housing Finance Agency Acting Director Edward DeMarco detailed in a speech at the American Mortgage Conference in North Carolina Monday a variety of ways the conservatorship of the GSEs would be changing. Among them is a new way to reduce their long-term risk exposure. Meaning, DeMarco is looking to share Fannie and Freddie's risk with the private market via mortgage insurance in some of those ways.

His first example was requiring private mortgage insurance on more loans guaranteed by the GSEs.

"A traditional way that the Enterprises shared risk with the private sector was through the use of private mortgage insurance," DeMarco said. "Consideration could be given to requiring greater mortgage insurance coverage, but doing so would need to be weighed against the financial condition of individual mortgage insurers."

If the FHFA adopted such a policy, it would clash against the current risk-retention proposal. According to a still pending rule proposed by federal regulators, lenders would not have to maintain the credit risk on a mortgage after securitization if the borrower puts 20% down and if other requirements are met as part of the qualified residential mortgage exemption. But no room was made for mortgage insurance under the QRM.

The long suffering private mortgage insurance sector would likely appreciate the opportunity to write new business.

The PMI Group (PMI: 0.00 N/A) is in a tailspin after its regulator the Arizona Department of Insurance forbid it from writing new policies.

The GSEs suspended the use of Republic Mortgage Insurance. Worsening claim costs pushed Old Republic (ORI: 9.74 +1.88%) losses wider in the second quarter.

Meanwhile, Genworth Financial (GW: 0.00 N/A) scrambled to cover losses using cash from its Canadian subsidiary, and Mortgage Guaranty Insurance Corp., under MGIC Investment Corp. (MTG: 3.79 -2.07%), is gaining market share off the faltering of others.

An industry trade group, the Mortgage Insurance Companies of America, said DeMarco's comments were welcome news.

"MICA welcomes the opportunity to play a vital role in housing finance for a return to prudently underwritten low down payment mortgage loans to meet the needs of moderate to low income families and first time homebuyers," the trade group said in a statement sent to HousingWire. "Private mortgage insurers provide deeper coverage to the protect the U.S. taxpayer."

DeMarco's speech revolved around sharing the public risk of Fannie and Freddie with the private sector. He also said FHFA would raise the g-fees on securities in 2012.

He said the past degree of cross subsidization of certain product types will not be present in a private-dominant model. The FHFA will also take into account local economic conditions and state laws, specifically foreclosure timelines, when pricing the g-fees. Meaning, in places where it is more expensive and longer to foreclose, lenders could see g-fees go up. DeMarco also added that the fee competition between the GSEs would not be appropriate in the future, signaling an alignment of the fees between the two giants.

Fannie and Freddie may also sell off credit risk on the securities it guarantees to the private market. DeMarco said there are several securities structures that will be considered in the coming months.

"If the market price to absorb a portion of the Enterprises’ risk exposure is greater than the charged guarantee fee, that would be a signal of how much prices would have to rise to attract private capital and move the Enterprises’ guarantee fee pricing more in line with private markets," DeMarco said.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Monday, September 19th, 2011

The Federal Deposit Insurance Corp. and several banks tapped mortgage marketplace DebtX to sell off $550 million in performing and nonperforming loans.

The sell-off will occur over a period of six weeks.

DebtX Chief Executive Officer Kingsley Greenland said the sale is the natural result of agencies looking for opportunities to free themselves from debt so they can expand.

"Financial institutions are accelerating the process of strengthening their balance sheets through active management of their loan portfolios," said Greenland. "Sellers recognize that the healthier they are, the more opportunities there will be to exercise strategic options and grow revenue through new lending."

As part of the deal, DebtX will conduct two offerings for the FDIC: a $28.7 million sale of loans backed by real estate, business assets, stocks, vehicles and boats; and a $38 million offering focused on unsecured loans classified in the performing and nonperforming loan categories.

The remaining sales will be for financial institutions. One of the offerings is for a bank in the south, which intends to offload $111.9 million in performing and non-performing loans backed by commercial real estate and land.

Another $74.6 million offering is for a top-tier U.S. bank that has commercial loans backed by retail property in Arizona, New Mexico and Colorado.

The remaining offerings are for banks in the Midwest, Northeast and Pacific Northwest and are backed by performing and nonperforming commercial real estate, including everything from mixed-use properties, assisted-living facilities, office, multi-family and retail.

Write to: Kerri Panchuk.

Monday, September 19th, 2011

BuildFax said its remodeling index reached its highest level since it began tracking data in 2004 — indicating homeowners are essentially trapped in their homes.

The July 2011 index rose 24% year-over-year to 130.4, the highest number ever.

"As millions of Americans believe that they will not be able to secure a new home due to a variety of factors including tight credit, limited buyers and challenging job prospects, they are more and more turning to renovating and remodeling their current properties, sending remodeling activity to record levels," said Joe Emison, vice president of research and development at BuildFax.

BuildFax, co-based in Austin, Texas, and Asheville, N.C., said there was an upswing in the sale of building materials and the number of renovations greater than $10,000 in the July index.

The comany also said consumers have not increased the insurance on their homes to account for the remodeling, which puts many homes at risk without the proper level of insurance.

Monday's report reveals continued month-over-month gains for most regions of the country as consumers invest in remodeling even as fears grow of a double-dip recession and unemployment remains above 9%.

In July, the West (3.4 points; 3%) and Midwest (4.9 points; 5%) had month-over-month gains, while the South (3.3 points; 3%) and Northeast (2.7 points; 3.4%) saw a decline. On a positive note, the Northeast was up (0.7%) from July of 2010, as was the West (26.4 points; 26%), South (6.2 points; 7%), and Midwest (5.6 points; 5.6%).

The BFRI tracks remodeling activity via building permit activity filed with local building departments across the country.

Write to Kerry Curry.

Follow her on Twitter @communicatorKLC.

Monday, September 19th, 2011

President Barack Obama proposed Monday an economic plan that will reduce the nation's deficit by $4 trillion and level the playing field between government-sponsored enterprises and the private sector.

The Obama plan uses a combination of tax increases for the nation's wealthiest individuals, strategic cuts to social programs like Medicare and a proposed increase in guarantee fees at Fannie Mae and Freddie Mac.

"Increasing the g-fees is designed to make sure that if there are any losses from the emergency actions we took to put out the financial fires in 2008 that we recover those losses in the form of a fee," explained Treasury secretary Timothy Geithner, during a White House press conference.

The President's speech arrived the same day that Edward DeMarco, director of the Federal Housing Finance Agency, suggested the GSEs should increase their guarantee fees to allow private capital to more easily compete with Fannie and Freddie. The administration is calling for an increase of guarantee fees by 10 basis points, to come next year. "We also will be considering a number of other changes to guarantee fee pricing that are consistent with private sector pricing discipline while mindful of the unique circumstances associated with conservatorship," DeMarco said Monday, during the American Mortgage Conference underway in North Carolina.

Jim Vogel with FTN Financial studied the plan and found the administration wants a 10-basis point increase in guarantee fees at Fannie Mae and Freddie Mac by next year. He added, the "FHFA is going to look for creative ways to gradually raise fees in 2012 with a combo of fewer discounts, geographic differentiation, and a reduction of cross-product subsidies." The Treasury Department believes the change could result in savings of $28 billion over a period of 10 years.

The President claims his deficit-reduction plan cuts $2 in spending for every new dollar in revenue, while carving back on large expenses such as agricultural subsidies and spending on the wars in Iraq and Afghanistan.

The President vowed to veto any bill that would cut into Medicare and other social security programs without first closing tax loop holes for the nation's wealthiest Americans and corporations.

Obama said his plan proposes raising the tax rate for the nation's wealthiest Americans to levels maintained in the 1990s, adding that "this is not class warfare. It's math."

Obama said the reductions would be added to  $1 trillion in cuts already signed into law. "They will be the largest cuts in history," the President told a crowd gathered for his speech Monday.

The President reiterated  several times that he believes tax cuts alone will not solve the nation's debt crisis. This statement highlighted the President's well-known political differences with a majority of the House of Representatives.

The President said he is willing to work with Republicans to reform the entire tax code, but continues to push for what's become the Warren Buffet plan for raising taxes on wealthier Americans.

Write to: Kerri Panchuk.

Additional reporting by Jon Prior.



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