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Archive for September, 2011

Friday, September 16th, 2011

Former IndyMac Bank Chairman and CEO Michael Perry has launched a website called "Not Too Big To Fail" to defend himself against charges federal regulators made against him and other bank executives in lawsuits filed this year.

Perry ran the mortgage lender from 1997, when it was spun off from Countrywide Financial Corp., to 2008. In July of that year, IndyMac, with $32 billion in assets, was seized by regulators from the Federal Deposit Insurance Corp. after an 11-day run on the bank depleted its cash.

It was the fourth-largest bank failure in U.S. history, and the second-largest failure of a thrift, or savings and loan bank.

Perry complains on his site that IndyMac did not receive the bailout funds that other banks were able to access from the government because it was "not too big to fail," a stance that clearly inspired his choice of a domain name.

"Not one of the lawsuits against me has any merit," says Perry on the site. "I, and the management team and directors of Indymac Bank, made prudent and appropriate business decisions based on the facts available to us at the time and always with the primary goal being to keep Indymac bank safe and sound."

The story of Perry's website was first reported by American Banker.

The trade newspaper characterizes the move as "a public campaign rarely seen from an executive of a failed bank" and refutes some of Perry's assertions in point-counterpoint style.

For instance, in response to a claim by Perry that the FDIC is "inappropriately seeking to blame former banking executives like me for the FDIC's own failures," American Banker counters that IndyMac specialized in making loans to subprime borrowers with little to no documentation, and that large numbers of defaults were inevitable.

"If IndyMac hadn't made so many risky loans, the FDIC would not have had to eat its losses," says the article.

In July, the FDIC sued Perry for $600 million in damages and costs, saying he "negligently" allowed Indymac to generate and purchase more than $10 billion in loans for sale to the secondary market in 2007, even though he knew the market was risky and unstable.

Perry accuses the FDIC and the Securities and Exchange Commission with trying "to further their own image without regard to the damage done to the reputation, career, and finances of honest individuals like myself and others."

The SEC charged Perry and two other former Indymac executives with misleading investors in a lawsuit filed in February.

The commission said Perry and former chief financial officers Scott Keys and Blair Abernathy were publicly reassuring investors and depositors that Indymac had plenty of cash on hand to cover its loans, even as they privately worried the bank's reserves would fall below regulatory requirements and sold stock to raise more cash.

Perry's attorney, in comments to the Washington Post, called the allegations "the worst kind of Monday morning quarterbacking."

Perry, on his website, points out what is not in the lawsuit's charges. "The SEC is not alleging any insider stock selling because there was none, including areas that required significant judgment," he says. "The SEC also is not alleging any inaccuracy in our financial statements."

"The SEC is not questioning the more than 15 years of timely and accurate public disclosures on my and the company's part, including during most of the financial crisis that was devastating the industry," he says.

Write to Liz Enochs.

Friday, September 16th, 2011

The elevated conforming loan limit for mortgages guaranteed or insured by the government will expire on Oct. 1, according to three congressional staffers, but another chance to extend them will come later this year.

Congress raised the limit to as high as $729,750 in 2008 as the private market froze and financing for larger mortgages became unavailable. On Oct. 1, the limits will expire and drop to $625,500 in the most expensive areas, mostly affecting the West and East Coasts. According to Standard & Poor's, there are around 110,000 nonconforming mortgages in the nation between $625,000 and $729,000 — about 2% of total jumbos.

Two bills to extend the limits, one introduced in the House and another in the Senate, were never voted on. A spokesman for Rep. John Campbell (R-Calif.), who co-sponsored the House bill, said an extension did not make it into a short-term spending bill the House will vote on next week.

"We are focusing all of our effort and attention on making sure that a temporary extension of the current conforming loan limits is included in an omnibus spending bill that it appears the House and Senate will consider late this year," Campbell's spokesman said.

Another staffer confirmed top leadership in the House had been trying to work the conforming loan limits into the spending bill ahead of the Oct. 1 deadline. Such a route had to come from the House, the staffer said. Yet another told HousingWire the odds of getting an extension after the limits expire were very long.

Industry trade groups pushed hard this past week, urging lawmakers to extend the limits at a time when the housing market is still fragile.

The Obama administration said in its white paper released in February that the first step toward winding down Fannie Mae and Freddie Mac would be to allow the loan limits to expire in October, allowing private capital to move back in.

Jaret Seiberg, a research analyst at the Washington think tank MF Global, said in a note that the expiration allows the largest banks to restart their securitization businesses.

"The real issue is whether investor demand has returned for private-label RMBS. We believe regulators have some doubts, but would like banks to test the waters," Seiberg said.

Seiberg did say many borrowers could be forced to come up with higher down payments, and smaller banks will shy away from originating jumbo loans. Some analysts expect house prices to fall even further without the government support at the highest end of the market.

"We expect to see significant negative consequences for the struggling housing market as a result of the limit drop after Oct. 1," Campbell's office said. "Therefore, it will be even more pressing and pertinent that Congress acts quickly to reverse the limit reduction at the next opportunity."

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Friday, September 16th, 2011

Ares Commercial Real Estate filed for an initial public offering to raise $250 million to invest in mid-level commercial properties.

The newly formed real estate investment trust holds about $1 billion of committed capital under management, according to Renaissance Capital. Ares plans to list on the New York Stock Exchange under the symbol ACRC.

Wells Fargo (WFC: 29.39 +1.17%), Citigroup (C: 30.47 +0.30%), and BofA Merrill Lynch (BAC: 7.2193 -1.11%) are lead underwriters for the deal. Terms and timing are yet to be determined. The Wall Street Journal recently reported a number of real estate investment trusts that planned an initial public offering this year have pulled the deals off the table.

In August, parent company, Ares Management, acquired the investment platform of Wrightwood Capital, which provides debt capital to the commercial real estate sector.

Ares Commercial Real Estate focuses primarily on originating, financing, acquiring and managing commercial mortgage loans and other CRE finance-related investments.

The middle-market segment of commercial real estate is generally defined as assets with values ranging from $10 million to $100 million.

Write to Jacob Gaffney.

Follow him on Twitter: @JacobGaffney

Friday, September 16th, 2011

The Government Accountability Office said in a report Friday the Treasury Department is struggling to implement new Making Home Affordable programs and that more transparency is needed.

Under the federal plan are a variety of initiatives including the Home Affordable Modification Program, and the Home Affordable Foreclosure Alternatives program, which provides short sales and deeds-in-lieu of foreclosure. Other parts of Making Home Affordable give incentives to servicers for writing down principal, modifying second liens and extending forbearance periods to the unemployed.

Each has underwhelmed, though the Treasury insists these initiatives provide the industry a framework, around which banks could build their own private programs.

Servicers started 791,399 permanent modifications through HAMP and extended nearly 1.9 million trials. The program is on track to fall well short of the now grossly overestimated 3 million to 4 million borrowers.

Since April 2010, servicers completed 12,888 short sales and DILs through July 2011, up from 10,438 the previous month.

Bank of America (BAC: 7.2193 -1.11%) HAFA numbers remained the same in the July report.

"Bank of America decided to temporarily halt reporting so they can finetune their process," one Treasury spokesperson told HousingWire.  "They are still completing HAFA transactions although the reporting will be temporarily lagged."

Through the Unemployment Program launched in July 2010, the Treasury reported 13,511 forbearance programs for those borrowers without a job through June. Nearly 11,000 of these home loans still require some payment.

Since spiking to 21,277 second-lien modifications through the 2MP initiative in February, servicers have started mods on less than 16,000 second liens since, according to Treasury data. Major servicers implemented 2MP in January.

Then there's the principal reduction component of HAMP launched in October 2010 and available only for non-GSE mortgages. Servicers are urged to evaluate the benefit of lowering the principal on mortgages with a loan-to-value ratio of 115% or higher. Through July, 29,406 of these trials have begun with about 9,200 active.

"In March, we reported on the implementation of newer MHA programs, specifically the TARP-funded second-lien modification, foreclosure alternatives, and principal reduction programs," the GAO said Friday. "Similar to the problems we identified with HAMP, we noted that Treasury has experienced challenges in implementing the newer MHA programs."

Specifically, the GAO recommends the Treasury report activity under the principal reduction program. The agency wants to see which servicers determined a principal reduction was still beneficial to investors but did not offer it.

This is "to ensure transparency in the implementation of this program," the GAO said, adding that the Treasury has only partially implemented its recommendation.

In response to the GAO report, Assistant Secretary for Financial Stability Tim Massad said the Treasury is considering further implementing the recommendations.

"In the case of the MHA recommendations, which pertain primarily to newer initiatives, we are continuing to assess the operational challenges, impact to borrowers and available resources in determining implementation feasibility," Massad said.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Friday, September 16th, 2011

August home sales in the San Francisco Bay Area rose 12.2% from a year earlier and increased 9.1% from July, but remain below levels reached before the financial meltdown, DataQuick said Friday.

In August, the nine-county area recorded 7,513 sales of houses and condos, up from 6,887 in July and 6,698 in August 2010.

Still, the La Jolla, Calif.-based data firm said the pace of home sales in the area remained below historic averages, as consumers remain reluctant to purchase a home due to uncertainty over housing, employment and the overall economy.

"The sliver of positive news here is that, no matter how you look at it, last month's sales beat the year-ago numbers, which were pretty lousy," said John Walsh, DataQuick president.

"Lower prices and mortgage rates lured some homebuyers off the sidelines last month, but too many others lacked the confidence to step into the game. They worried about their job, or about prices falling more," according to Walsh. "Others couldn't get a loan because credit remains drum-tight, or they couldn't move because they're underwater."

The median price for new home sales in the Bay Area hit $370,000 in August, down 1.1% from July and 3.9% from $385,000 a year ago.

Still, it's up significantly from the median's low point of $290,000, which was reached mid-recession in March 2009. The peak median was reached in July of 2007 when the average San Francisco Bay area home sold for $665,000.

"Around half of the median’s peak-to-trough drop was the result of a decline in home values, while the other half reflects a shift in the sales mix," DataQuick said.

When analyzing sales by type, foreclosure sales accounted for 26.4% of all Bay area sales in the month of August, up from 25.9% a month earlier and 26.1% a year ago.

Foreclosure resales peaked in February 2009 when 52% of the area's resales were distressed properties.

Write to Kerri Panchuk.

Friday, September 16th, 2011

Household debt fell at an annual rate of 0.6% in the second quarter, continuing a deleveraging movement began in 2009, according to data from the Federal Reserve.

Home mortgage debt dropped at an annual rate of 2.5% in the second quarter, "about the same pace of decline as in the previous quarter," according to the Flow of Funds report.

Total outstanding mortgages for households, which includes home equity of lines of credit and others secured under junior liens, was $9.9 trillion in the second quarter, the second straight period of drops.

The total is nearly level with the $9.8 trillion measured in 2006.

The government-sponsored enterprises have not met that pace. Outstanding mortgages held by Fannie Mae, Freddie Mac and the Federal Home Loan Banks totaled $588.8 billion in 2005.

By the first quarter of 2010 that number had grown to $5.1 trillion and has remained above $5 trillion through the second quarter of 2011, according to the Fed data.

In August, a study from the Federal Reserve Bank of Cleveland showed households were deleveraging at a rapid pace since the financial crisis of 2008. Household debt burdens, according to their study, are heading toward a 20-year low.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Friday, September 16th, 2011

Mortgage insurer The PMI Group (PMI: 0.00 N/A) is under severe financial stress with the company's balance sheet deteriorating as it pays claims while banned from writing new business, according to research and analytics firm CreditSights.

"Over the next several quarters we see meaningful default risk," CreditSights analysts said in a report. The firm said PMI is already under the supervision of its primary regulator, the Arizona Department of Insurance, but faces additional risk of being seized altogether.

A spokesperson for PMI declined to comment, adding that PMI did not review the CreditSights report.

"They've put the company under supervision and are preventing them from making payments on their surplus notes, that is a precursor step to an actual seizure and liquidation of the company," CreditSights analyst Rob Haines said Friday.

He said PMI's holding company has $70 million in liquidity, which is sufficient. But there is language in PMI mortgage's convertible debt notes stating a default at the insurance subsidiary level would cause a cross default at the holding company, according to Haines.

He said the company could remain solvent another quarter or two, but the latest CreditSights report is relatively negative when it comes to the insurer's long-term outlook.

"At this time, we would recommend investors avoid PMI credit risk," the firm said. "While previously we suggested that speculative investors consider selling CDS with a tenor of 12 months or less, we now recommend that investors avoid PMI credit risk, as our degree of confidence in a protracted state of regulatory purgatory has been eroded."

Haines said other mortgage insurers are facing a tough market, but remain in relatively better shape when compared to PMI. A few even turned the corner and are doing well, including United Guaranty, a mortgage insurance subsidiary of AIG.

"United Guaranty was profitable last quarter and is likely to be profitable this quarter," Haines said. "The company at one time was considered a non-core asset (at AIG), and they are considering changing that strategy because they believe the company has turned the corner and it ultimately, while still a small asset, could become a core asset again."

Write to: Kerri Panchuk.

Friday, September 16th, 2011

Consumer sentiment rose in the latest Reuters/University of Michigan survey, but the uptick did little to end the gloom-and-doom view of the economy.

The consumer sentiment index for September increased to 57.8 from 55.7 the previous month.

Analysts surveyed by Econoday expected a reading of 56 with a range of estimates between 52 and 59.6. In mid-July, the index slid to 54.9 before ending the month slightly higher. Econoday said the index last slipped below 55 in November 2008 in the wake of Lehman Brothers' collapse.

Consumer expectations for the next six months is at levels last seen more than 30 years ago due to the weak jobs market and recent trouble in the financial markets, according to Econoday. The assessment of the six-month outlook is at 47.

"As recently as May, this component was approaching a respectable 70," Econoday said.

Write to Kerri Panchuk.

Friday, September 16th, 2011

Ginnie Mae guaranteed $27.7 billion in mortgage-backed securities in August, the same total as the previous month.

The company guarantees timely payment of principal and interest on securities backed mostly by Federal Housing Administration and Veterans Affairs mortgages.

In the first quarter, Fannie Mae, Freddie Mac and Ginnie combined for 97% of all MBS issuance as the private-label market remains dormant since the financial crisis of 2008. Ginnie's share was 22% in the first quarter, down from previous years since the housing market collapse, but up from a low of 4% in 2006, according to the FHA.

"Ginnie Mae's continued high level of issuance activity provides liquidity to the marketplace and reflects the confidence our investors have in our mortgage-backed securities," said President Ted Tozer. "Through our partnerships with investors and lenders, Ginnie Mae leverages private capital to make homeownership opportunities available across the nation."

Ginnie Mae II single-family pools totaled $17.75 billion in August, down slightly from the previous month. Ginnie Mae I single-family pools totaled $7.67 billion.

Ginnie issuance of Home Equity Conversion Mortgages, or reverse mortgages, totaled $844 million, a 12% drop from the previous month. The issuance of multifamily MBS reached more than $1.5 billion.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Friday, September 16th, 2011

Leading House Democrats are accusing the Obama administration of ignoring the lingering mortgage crisis and threatening tens of millions of Americans with foreclosure in the process.

The lawmakers — encouraged by Obama's mention of mortgage relief in his address to Congress last week — were quickly deflated just days later when their efforts to learn the details of the White House plan proved unsuccessful.

"The administration has been AWOL on this issue," charged Rep. Dennis Cardoza (D-Calif.), "and the American people are suffering because of the mismanagement."

"In my entire political career, I've never seen anything this irresponsible," he added.



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