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Archive for September, 2011

Wednesday, September 28th, 2011

Rick Sharga will leave his post at RealtyTrac to develop branding and marketing strategies for Carrington Mortgage Holdings as an executive vice president.

Carrington has a variety of companies including the mortgage servicing line, property and real estate businesses and others. Sharga was the senior vice president for RealtyTrac, which tracks foreclosure filings across the country and issues widely used monthly and quarterly reports.

Sharga has given presentations to the Federal Reserve, the Senate Banking Committee and major banks such as JPMorgan Chase (JPM: 37.29 -0.53%), Citigroup (C: 30.4638 +0.28%) and Deutsche Bank. He was also a keynote speaker at HousingWire's 2011 REO Expo and the 2010 Auburn University Economic Forum.

"Rick brings a skill set that is critical at this point in our company's growth," said Carrington founder and CEO Bruce Rose.

Sharga said Carrington has a unique and complex business model.

"Clearly communicating the company's value proposition to multiple audiences across a number of market segments poses equally unique challenges, and I'm looking forward to creating a compelling and powerful market presence for the company," Sharga said.

In an statement emailed to HousingWire, RealtyTrac CEO James Saccacio said Sharga will be missed.

"While we are sad to see Rick leave, we are also happy for him and the new opportunity he is stepping into. We’re grateful for all of Rick’s hard work helping to build RealtyTrac into a powerful brand while also building a strong team that is now well-positioned to continue moving the company forward," Saccacio said. "While Rick is truly irreplaceable, he has built up a strong team that is well-equipped to carry on the day-to-day operations that he oversaw as well as long-term strategies that he helped to shape."

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Wednesday, September 28th, 2011

Equator is prepping for the 2012 launch of a new software system called REvolution that allows real estate agents to manage distressed and traditional properties from a single platform.

The company said the software gives agents enough flexibility to automate their daily workflow cycles from a single portal, removing the need for agents to employ more than one software system to handle various asset types and sales functions.

"It is the first application that does everything for the agent well," Equator CEO Chris Saitta said. "What we have heard from real estate agents is right now they are using multiple software programs. We're putting everything together in one system that handles all of their day-to-day automation and connects them to everyone they work with."

REvolution allows agents to connect with brokers, other agents, vendors, title companies and other businesses they connect with daily.

"They have the ability to change their workflow if they decide they want to handle their traditional properties differently," Saitta said.

The software also provides support for various tasks, including property management and lead-generation management as well as marketing. Real estate agents will be able to store photos and files throughout the system, while also managing their calendars and public websites.

Equator is developing the system now and expects to launch it next year.

Saitta said the software comes at a time when roughly 30% to 40% of the nation's real estate assets are classified as distressed.

Write to Kerri Panchuk.

Wednesday, September 28th, 2011

A U.S. District Judge in Ohio dismissed a multimillion-dollar suit filed against Standard & Poor's, Moody's Investors Service and Fitch Ratings over ratings on residential and commercial-mortgage backed securities, ruling the agencies were giving opinions without any proof of fraudulent intent.

Judge James Graham with the District Court for the Southern District of Ohio Eastern Division dismissed a case filed by five Ohio state pension funds, including the Ohio Police & Fire Pension Fund, the Ohio Public Employees Retirement System, the State Teachers Retirement System of Ohio, the School Employees Retirement System of Ohio and the Ohio Public Employees Deferred Compensation Program.

The plaintiffs claim they used credit ratings to decide what investment vehicles would be safe and ended up losing $457 million on MBS-related investments.

The plaintiffs allege S&P violated the Ohio Securities Act and is guilty of negligent misrepresentation.

The court dismissed the suit saying in court documents "their ratings were predictive opinions and, absent specific allegations of fraudulent intent or of a duty to the Ohio funds, the agencies cannot be held liable for alleged negligence in their methodologies."

Write to Kerri Panchuk.

Wednesday, September 28th, 2011

SIFMA held a call with members of the securities industry in order to discuss if mortgages above 105% loan to value should be able to trade in the To Be Announced bond market. Barclays Capital says the discussion may be an indicator of a commitment by the Obama administration to do a mass refinance program by expanding the Home Affordable Refinance Program.

BarCap cautions "this could simply be about increasing operational efficiency for originators."

Barclays analysts said the SIFMA discussion of higher LTV eligible loans raises "questions of whether this could be a harbinger of a surge in refinancing for high LTV borrowers (through an expansion of HARP) or whether this could simply be about increasing operational efficiency for originators."

Currently, HARP accepts loans with LTV ratios between 105% and 125%, but these loans are not eligible for the TBA market.

"Tax law requires that REITs have 75% of their assets in qualified real estate assets," Barclays analysts said. "Loans greater than 105% LTV do not fully qualify as real estate assets for tax purposes."

The loans were specifically not accepted because of uncertain prepayment characteristics and limitations on a REIT's ability to purchase loan pools with larger LTVs.

Among the government-sponsored enterprises, there are now $183 billion in loans classified as mortgages with LTVs in the 105% to 125% range.

"If the TBA eligibility guidelines are expanded, this in effect would represent an upper bound of these high LTV loans that could eventually find their way into TBA," Barclays analysts concluded.

Write to Kerri Panchuk.

Wednesday, September 28th, 2011

Bank of America's potential liability for bad mortgages – in the tens of billions of dollars – is well known. But Bank of America is haunted by other demons from the financial crisis. The most significant is a lawsuit arising from Bank of America's troubled Merrill Lynch acquisition.

This lawsuit, brought by Bank of America shareholders, claims that Bank of America and its executives, including its former chief executive, Kenneth D. Lewis, failed to disclose what would be a $15.31 billion loss at Merrill in the days before and after Bank of America's acquisition. The plaintiffs contend that this staggering loss was hidden to ensure that Bank of America shareholders did not vote against the transaction.

Wednesday, September 28th, 2011

The Federal Reserve's policy of keeping interest rates low to spur lending hit a barrier in the recovery with home prices falling and underwriting guidelines keeping borrowers from refinancing, said Eric Rosengren, president of the Federal Reserve Bank of Boston.

With that in mind, the Fed Bank CEO said he supports policies that would allow homeowners who are underwater on their mortgages to refinance their loans. "Clearly getting more money into the hands of homeowners who spend it could help to fuel GDP growth," he said. "This would reduce one of the impediments to a more significant effect from the monetary policy actions taken to date."

Rosengren's Wednesday speech at the Economic Outlook Seminar in Stockholm, Sweden, focused entirely on housing and how its failure to robustly return in the wake of the recession led to an anemic recovery not experienced in previous downturns.

While low interest rates are forced deeper to spur lending, Rosengren explained this scenario is not working in an economy where many borrowers have fixed rates and homes underwater are keeping them from refinancing.

"The characteristics of a country’s mortgage finance market determine the impact that will come from a change in the rates directly influenced by monetary policy," Rosengren said. "In the U.S., most homes are financed by 30-year fixed-rate mortgages, so a fall in long-term interest rates really only affects existing homeowners to the extent they refinance. As a result, the U.S. gets less effect from the movement of short-term, monetary policy interest rates compared to countries where the primary mortgage financing instruments are floating-rate loans."

Rosengren said real estate is hitting all sectors of the economy since many financial firms have exposure to the sluggish real estate sector through direct lending mechanisms or the acquisition of mortgage-backed securities.

"As a result, declines in real estate prices can have a substantial impact on the capital of financial institutions, which impacts their ability to finance not only the housing sector, but also other sectors of the economy," Rosengren said.

The inability to refinance existing loans paradigm is reinforced by tighter underwriting guidelines that are keeping borrowers from taking advantage of lower interest rates.

Rosengren stressed that no recovery can be fueled without restoration of the housing market. Residential investment grew more than 30% in the first years of past recoveries, while in the recent recovery, residential investment actually fell in the first two years following the end of the recession.

"More than one observer has commented that we are seeing a different pattern this time that equates almost to a “negative feedback loop," said Rosengren. "High unemployment leads to risk aversion, which decreases demand for new housing. But without construction activity we are not seeing the typical uptick in housing-related jobs."

Write to Kerri Panchuk.

Wednesday, September 28th, 2011

A Bay Area mortgage broker has been charged with conspiring to arrange more than $10 million in fraudulent home loans for clients who included two leaders of the Hells Angels, federal prosecutors said Tuesday.

A newly unsealed federal grand jury indictment accuses the motorcycle club leaders, the mortgage broker and five other defendants of taking part in a scheme to defraud banks by falsifying loan applications for real estate in San Francisco and several North Bay communities in 2006 and 2007.

The applications misrepresented the borrowers' incomes, bank balances and employment histories and falsely stated that they would live at the properties, some of which were later used for marijuana growing, the indictment said.

Wednesday, September 28th, 2011

The Federal Housing Finance Agency failed to address concerns about Freddie Mac's loan review process that may ultimately cost taxpayers billions of dollars, according to the FHFA's inspector general.

The Office of the Inspector General for the federal regulator said it raised concerns with managers at the government-sponsored enterprise about the review process throughout 2010.

The examiner said Freddie Mac didn't review more than 300,000 loans for possible repurchase claims because it only reviewed loans that had payment problems during the first two years after origination. Freddie's own auditor raised similar concerns toward the end of 2010.

But the FHFA didn't take any action, and the inspector general believes "FHFA senior managers may have inaccurately estimated the risk of loss to Freddie Mac."

"By not reviewing intensively the mortgages foreclosed upon more than two years after origination for repurchase claims, Freddie Mac could potentially lose billions of dollars that could be used to mitigate taxpayer losses," according to a report the inspector general released Tuesday.

Freddie Mac senior managers disagreed with the examiner's assessment, "at least partly because they believed a change to a more aggressive approach to repurchase claims would adversely affect Freddie Mac’s business relationships with Bank of America and other large loan sellers," according to the report.

In December, Bank of America (BAC: 7.2299 -0.96%) agreed to pay $1.35 billion to settle pending and future repurchase claims related to 787,000 loans it and its Countrywide unit sold to Freddie Mac. Bank of America also settled with Fannie Mae for $1.52 billion, regarding past and current repurchase claims.

The inspector general reviewed the settlements because Congress questioned it, and the examiner believes the Freddie settlement may serve as a precedent for other deals with large financial institutions that sold loans to the GSE.

The examiner recommends the FHFA address the concerns within the GSE loan review process and "promptly initiate management reforms to ensure more generally that senior management is apprised of and timely acts on significant concerns brought to its attention."

Last week, the inspector general said the FHFA lacks the staff to properly monitor the mortgage giants it has had in conservatorship since 2008. The report said the agency also failed to provide adequate oversight over default services legal issues.

Write to Jason Philyaw.

Follow him on Twitter: @jrphilyaw.

Wednesday, September 28th, 2011

Reports of possible mortgage fraud grew in the second quarter, with financial institutions filing 29,558 mortgage loan fraud suspicious activity reports, the Financial Crimes Enforcement Network said Wednesday.

That is up from 15,727 in the same quarter of 2010.

In the first quarter of 2011, suspicious mortgage activity reports grew to 25,485 complaints.

The surge in SARs are coming as mortgage lenders sift through the paperwork in past mortgages. Mortgage servicers remain under heavy scrutiny following robo-signing allegations and continue to sift through documents in order to make sure all ducks are in a row. Many of the reported instances come from defaults, including borrowers who wrongly presented information about their finances.

The FinCEN network, which works in tandem with the Treasury, said the surge in activity is also tied to increasing mortgage repurchase demands and other special filings. SARs are especially surging on transactions that involve several financial institutions.

FinCen found that 81% of the suspicious activity was related to circumstances that occurred before 2008. Sixty-three percent involved activities that occurred four or more years ago.

"We’re continuing to see a large number of SARs filed on activity that occurred more than two years ago, an indication that financial institutions are uncovering fraud as they sift through defaulted mortgages," said FinCEN Director James Freis, Jr.

"But we also continue to see indications of ongoing mortgage fraud activities," he added. "FinCEN’s report released today raises awareness of the common scams that homeowners and lenders may encounter when arranging or modifying home financing."

Write to Kerri Panchuk.

Wednesday, September 28th, 2011

August home and condo sales in Massachusetts increased 15% over last year, making it the first time both types of housing experienced a sales increase in the same month, The Warren Group said in a report this week.

During August, 4,203 single-family homes sold in the Bay State, a 15% jump from 3,652 sales in August of last year.

"On the surface, the August numbers appear to be very strong. But we're comparing sales volume to a month last year when buyers were retreating after the tax credits expired," said Cory Hopkins, managing editor of Banker & Tradesman, publisher of The Warren Group report.

The median price of single-family homes in Massachusetts slid 3.4% to $305,700 in August, compared to $316,500 last year. However, that is up from the first part of the year when the median hovered around $296,000.

Condo sales alone increased 5.8% in August from a year ago, with 1,716 units sold compared to 1,622 from last year.

Write to Kerri Panchuk.



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