Archive for September, 2011
A lawsuit by former employees of the Law Office of David J. Stern and the firm's processing arm, DJSP Enterprises, received class-action certification Monday in a Miami federal court.
An attorney for the fired workers said the range of potential damages in the case "is in the millions."
The lawsuit, originally filed in November, names four plaintiffs who alleged they lost their jobs in a mass layoff that began on Sept. 23. They claim they were terminated without the 60 days notice required by federal law under the Worker Adjustment and Retraining Notification Act, commonly called the WARN Act.
The lawsuit seeks 60 days of back pay for each day of violation, statutory damages and benefit reimbursement for affected employees, according to the lawsuit, filed by lead attorney firm Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman.
Steven Jaffe told HousingWire the class size is expected to range from 700 to 850 full-time employees. The firm opted to exclude attorneys from the class as many had individual employment contracts. Part-time workers are not included.
"Some of these employees were 15 years with the company," he said, "including two of David J. Stern's top people who were there about 17 years and received e-mail notification of their being fired that day and to turn in their paperwork."
Jeffrey Tew of Miami-based Tew Cardenas, who represents David J. Stern, said the class ruling wasn't a surprise as the WARN Act is structured to be a class-action vehicle.
"All that means is that it's appropriate to handle the people in the class on a uniform basis. It doesn't say anything about who, if anybody, is liable under the WARN Act."
In an answer to the lawsuit, Tew argues that an employer may order a mass layoff before conclusion of a 60-day period if the layoff is caused by business circumstances that were not reasonably foreseeable at the time the notice would have been required.
"Here, the defendants lost the benefits of nearly 90% of new referral business over a short period and this dramatic occurrence was not foreseeable, thereby making this statutory and regulatory exception to the 60-day notice requirement applicable," according to a court document filed by Tew.
Stern's firm imploded in late 2010 after a national scandal involving improper documentation and filing of foreclosure documents — what became known as robo-signing — enveloped several large foreclosure law firms. By October and November, some of the nation's largest servicers, along with Fannie Mae and Freddie Mac, began began pulling their foreclosure cases from Stern's law firm.
The Plantation, Fla.-based Stern firm at one time employed more than 1,000 employees. It ceased all foreclosure work in March and now operates with a handful of employees who are mainly providing documentation services to handle this lawsuit and more than 20 lawsuits that Stern filed this spring against servicers, Fannie Mae and Freddie Mac alleging they owe him money related to the removal of foreclosure cases from his firm.
Write to Kerry Curry.
Follow her on Twitter @communicatorKLC.
Tags: David J. Stern, DJSP, Edwards, Farmer, Fistos & Lehrman, foreclosure, Jaffe, Law Office of David J. Stern, Tew-Cardenas, WARN Act, Weissing
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Two attorneys general met with the largest mortgage servicers Friday in another effort to settle an investigation into the robo-signing case, but a deal remains elusive nearly one year later.
"There is still a gulf between the two sides," said a spokesman for the Iowa AG, who leads the talks. "Release of liabilities remains front and center right now and will still be an issue until we get it worked out."
The spokesman denied previous reports that this was a "do or die" meeting. In fact, the talks seemed less formal than previous Washington sessions between the two sides. Not every member of the AG negotiation committee was even present.
All 50 state AGs announced a united effort to investigate the mortgage servicing industry Oct. 13, 2010. That same month, the largest firms such as Bank of America (BAC: 7.23 -0.96%), Ally Financial (GJM: 22.43 -0.62%), and JPMorgan Chase (JPM: 37.28 -0.56%), their attorneys and third-party processing firms were improperly signing foreclosure affidavits submitted to state courthouses all over the country.
Nearly one year later, the AGs and the banks are at an impasse over how much civil liability the settlement will cover. Within the AG ranks, a growing number are pushing for a narrower settlement freeing their offices up to pursue separate claims of securitization, origination and marketing fraud. Meanwhile Republican AGs claim the pursuit already goes too far.
New York AG Eric Schneiderman was recently cast off the central negotiation committee in his attempts to crack down on several securitization issues. Massachusetts AG Martha Coakley said she would not support any settlement that forgave bank liability for the ongoing saga of Mortgage Electronic Registration Systems.
Michigan AG Bill Schuette's investigation into alleged documentation problems at Lender Processing Services (LPS: 16.82 +1.63%) and other firms remains open, and Nevada AG Catherine Cortez Masto said criminal charges would be coming to the servicing industry soon.
The look-back reviews of 4.5 million foreclosure files at these servicing shops will take more than a year, according to the Office of Comptroller of the Currency, which oversaw the regulators' separate settlement.
Such uncertainty over when the mortgage servicing debacle will ever be resolved haunts a still struggling housing market already dealing with tumbling prices and downtrodden consumer confidence.
Steve Gillan, executive director of the American Alliance of Home Modification Professionals, recently sent recommendations to federal regulators on how to speed up the review process. He said the settlement delays, just like previous changes to the industry, are resulting in a postponed housing recovery.
"This delay, like the improper implementation of HAMP by the servicers in 2009 and 2010 and the delay in the timeline set in the OCC consent order just further negatively impacts any turnaround in real estate values," Gillan said.
Write to Jon Prior.
Follow him on Twitter @JonAPrior.
Tags: affidavits, AG, Ally Financial, Bank of America, Coakley, foreclosure, Iowa, JPMorgan Chase, LPS, MERS, mortgage, mortgage servicers, New York, OCC, robo-signing, Schneiderman, Servicing/Default
Posted in Servicing/Default, Slider, Top Stories | 2 Comments »
The fourth largest Realtors' association in the United States appointed two presidents Tuesday.
The Mainstreet Organization of Realtors named Jack Persin, president of Ryan Hill Realty, and Tom Krettler, broker associate of RE/MAX Unlimited Northwest, co-presidents.
MORe now represents about 16,000 members, after the group joined forces with the Realtor Association of NorthWest Chicagoland earlier this year. The combined agencies serve 185 communities in Cook County, DuPage County and Lake County, Ill.
The merger is set to close Oct. 1, bringing real estate agents who serve the west, south and northwest suburbs of Chicago under one umbrella.
Write to Kerri Panchuk.
Tags: Mainstreet Organization of Realtors, RE/MAX Unlimited Northwest, Realtor Association of NorthWest Chicagoland, Ryan Hill Realty
Posted in Origination/Lending, Top Stories | No Comments »
The average interest rate on mortgages sold to the government-sponsored enterprises in August averaged 4.56%, a drop of 1 basis point from the previous month, according to the Federal Housing Finance Agency.
It's the fifth straight month of declines since the rate to reached 4.84% in March. On Oct. 3, the Federal Reserve will begin purchasing up to $400 billion in longer-term Treasurys and new agency mortgage-backed securities as part of an effort to keep borrowing costs low.
According to Frank Nothaft, chief economist at Freddie Mac, the Fed's previous policies have already pushed interest rates to the lowest level since the early 1950s.
Any additional drop would accelerate already declining rates, according to FHFA data.
In August, the 30-year fixed-rate mortgage averaged 4.63%, down 6 bps from the prior month. On all fixed- and adjustable-rate mortgages sold to the GSEs, the average rate was 4.52%, down 3 bps from July.
Roughly 30% of the purchase mortgages were "no-point" loans, the same share as the prior three months. The average term on these loans also declined more than six months to 27.6 years in August.
The average loan-to-value ratio was 77.2%, up more than one percentage point, and the average loan amount increased slightly to $214,300 in August.
Write to Jon Prior.
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Tags: Fannie Mae, Fed, FHFA, freddie mac, MBS, mortgage rates, Nothaft, operation twist
Posted in Origination/Lending, Top Stories | No Comments »
Consumer confidence remained unchanged in September, with many consumers still pessimistic about the economy, The Conference Board said in its latest consumer confidence index.
Consumer confidence is one factor that determines the likelihood of sales in the housing market. As consumer confidence wanes, home prices also remain lower than year ago levels, the S&P Case-Shiller Home Price Indice said Tuesday.
Consumer confidence plunged to 45.2 on a 100-point scale in August, edging up only a slight bit to 45.4 in September. Meanwhile, the present situation index fell to 32.5 from 34.3 over last month, suggesting consumers are feeling the weight of economic turmoil.
"The pessimism that shrouded consumers last month has spilled over into September," said Lynn Franco, director of The Conference Board Consumer Research Center. "Consumer expectations, which had plummeted in August, posted a marginal gain. However, consumers expressed greater concern about their expected earnings, a sign that does not bode well for spending. In addition, consumers' assessment of current conditions declined for the fifth consecutive month, a sign that the economic environment remains weak."
Consumers who believe business conditions are generally good fell to 11.7% from 14.1%, while survey takers who reported negative economic conditions in the market remained at 40.4%. About 50% of survey respondents said jobs are hard to get in this economy.
Write to Kerri Panchuk.
Tags: consumer confidence, earnings, The Conference Board
Posted in Origination/Lending, Top Stories | 1 Comment »
The nation's residential shadow inventory as of July declined slightly to 1.6 million units, representing a supply of five months, according to a report from CoreLogic (CLGX: 14.56 +0.62%).
That's down from 1.9 million units, a supply of six months, from a year ago, and follows a decline from April when shadow inventory stood at 1.7 million units.
"The steady improvement in the shadow inventory is a positive development for the housing market," said Mark Fleming, chief economist for CoreLogic. "However, continued price declines, high levels of negative equity and a sluggish labor market will keep the shadow supply elevated for an extended period of time."
CoreLogic said the decline is driven by a pace of new delinquencies that is slower than the pace of the disposition of distressed assets.
The company estimates the current stock of properties in the shadow inventory, or pending supply, by calculating the number of distressed properties not listed on multiple listing services that are more than 90-days deliquent, in foreclosure and real estate owned by lenders.
Of the 1.6 million properties currently in the shadow inventory, 770,000 units are seriously delinquent (2.2-months’ supply), 430,000 are in some stage of foreclosure (1.2-months’ supply) and 390,000 are already in REO (1.1-months’ supply).
The inventory is 22% lower than the peak in of 2 million units, or 8.4-months of supply, in January 2010. The total shadow and visible inventory was 5.4 million units in July, down from 6.1 million units a year ago.
The aggregate current mortgage debt outstanding of the shadow inventory was $336 billion in July, down 18% from a year ago.
The charts below show the overall shadow inventory by category and by months' supply. Click on charts to expand.
Write to Kerry Curry.
Follow her on Twitter @communicatorKLC.
Tags: CoreLogic, foreclosure, Mark Fleming, mortgage, REO, serious delinquencies, shadow inventory
Posted in Servicing/Default, Top Stories | 2 Comments »
The majority of the metropolitan statistical areas surveyed by Standard & Poor's for the S&P/Case-Shiller Home Price Indices reported declines from July 2010, suggesting buyers remain wary in a market riddled with negative economic news and foreclosures.
The 20-city composite index dropped 4.1% over last year while the 10-city composite index fell 3.7% on an annual basis. Still, declines were less than the median forecast of 28 economists surveyed by Bloomberg News, which projected a 4.4% decline.
The S&P/Case-Shiller Index said its 10 – and 20-city composite indexes increased in July over June, making it the fourth consecutive month-over-month jump in home prices. Still, values were little changed in July from June after seasonal adjustments.
The only two markets to see positive rates of change in the 20-city composite over last year were Detroit and Washington D.C., which rose 1.2% and 0.3%, respectively. The other 18 statistical areas surveyed by S&P experienced year-over-year declines. Minneapolis continued to fare the worst with its home price rate down 9.1% from last year.
S&P said home prices retreated significantly enough in July to reach 2003 levels.
Month-over-month, several markets experienced some price improvements. That list includes Boston, Charlotte, Chicago, Cleveland, Dallas, Denver, Detroit, Las Vegas, Miami, Minneapolis, Phoenix, Portland, Tampa, and Washington D.C.
Write to Kerri Panchuk.
Tags: 10-city composite index, 20-city composite index, S&P/Case Shiller Home Price Indices, Standard & Poor's
Posted in Origination/Lending, Top Stories | 2 Comments »
Retail center owner and operator Equity One Inc. is selling 36 shopping centers to Blackstone Real Estate Partners VII for $473.1 million. Assets included in the sale are linked to mortgages with an aggregate principal balance of $177.4 million.
The transaction gives Miami Beach, Fla.-based Equity One room to fund commercial real estate purchases while retiring existing debt, the company said in a statement.
The shopping centers included in the sale are predominately in Maryland and across the Southeast. Combined the centers generated operating income of $35.4 million for the year ending June 30. As of two months ago, the properties are 91% occupied.
"We are very pleased to enter into this transaction with Blackstone," said Jeff Olson, Equity One chief executive officer. "Together with our $600 million purchase of capital and counties and other recent acquisitions, this sale significantly advances our strategic plan to concentrate our portfolio in the urban retail markets of New York, Miami, Boston, San Francisco and Los Angeles."
Equity One owns or operates about 219 properties, including 192 shopping centers. Ten of those projects are still under development or in the redevelopment stage.
Write to Kerri Panchuk.
Tags: Blackstone Real Estate Partners, commercial real estate, CRE, Equity One Inc.
Posted in Origination/Lending, Top Stories | No Comments »
The Federal Reserve will need help from Congress in order to boost economic growth with its latest policy announcement, according to Freddie Mac Chief Economist Frank Nothaft.
The Fed said last week it will purchase $400 billion in long-term Treasurys and reinvest principal and interest payments from agency mortgage-backed securities it already bought during the previous stimulus efforts in order to buy more.
"By itself, monetary policy may gradually promote economic growth in the coming year. Coupling monetary with fiscal stimulus could accelerate growth in 2012 if the fiscal initiative operates in tandem," Nothaft said in an outlook report released Monday. His comments echoed banking analysts earlier Monday.
He then pointed out the American Jobs Act proposed by President Obama last week. It provides $245 billion in temporary tax cuts and includes roughly $202 billion in a variety of building and mortgage refinancing programs to boost consumer spending and investments.
In a town hall meeting hosted by Linked In Monday, Obama pitched Americans on the proposal, claiming spending in the program would be offset by the elimination of wasteful spending elsewhere.
"It provides tax cuts to small businesses and middle-class families, who will then spend it on products and services," Obama said. "It's the right step to take right now."
Nothaft pointed to a recent study done by Macroeconomic Advisers, which estimates the proposal could add roughly 1.3 million jobs and cut the unemployment rate by three- to four-tenths of a percentage point. However, the rate would still be above 8% by the end of next year.
To be sure, any boost to job growth and consumer confidence will aid a struggling housing market, Nothaft said, despite the lowest interest rate since the 1950s.
"With monetary policy expected to keep interest rates low for awhile, affordability will remain high for potential home buyers. In the meantime, many will choose to rent," Nothaft said.
Write to Jon Prior.
Follow him on Twitter @JonAPrior.
Tags: Federal Reserve, freddie mac, jobs, Linked In, MBS, Nothaft, obama, taxes, town hall, Treasurys
Posted in Origination/Lending, Top Stories | 2 Comments »
Thousands of potentially eligible homeowners may be left out of a $1 billion Department of Housing and Urban Development program that provides interest-free loans to the unemployed because of documentation and timing problems.
The Dodd-Frank Act required HUD to develop the Emergency Homeowners Loan Program. Unemployed borrowers in 27 states could apply through nonprofit counseling centers for up to $50,000 in mortgage assistance so long as they contribute $150 per month.
HUD initially targeted 30,000 borrowers with the program. The deadline for all but five states already running similar programs expired Sept. 15 after two extensions. The deadline expires Sept. 30 for the others: Pennsylvania, Connecticut, Delaware, Idaho and Maryland.
A HUD spokesman said 75% of the rejections so far were made because borrowers did not meet the criteria required by the program's statute.
"The main problems we are having are based to the statutory requirements of the program and the statutory time limits," the spokesman said. "We are supporting efforts by several senators to extend the program to allow us to reach as many homeowners as possible."
Sen. Robert Casey (D-Pa.) introduced a bill Friday that would extend the program out further. The bill was co-sponsored by senators Charles Schumer (D-N.Y.) and Jeanne Shaheen (D-N.H.).
The HUD spokesman said if there were more time, more applications could be re-opened.
"Even with the limitations, we have been able to extend the application deadline, allow more deeply distressed borrowers in even though they would reach the maximum in assistance well before 24 months, recalculated ‘pre-event income’ to allow more families to show they’ve had a substantial loss of income, and created a hardship waiver for families who are unable to make the minimum contribution to their monthly mortgage costs," the HUD spokesman said of the administrative adjustments they've made.
But John Dodds, director of the Philadelphia Unemployment Project, criticized HUD for not launching the program until this spring, eight months after Dodd-Frank passed. Dodds said many borrowers are being denied because of the overly restrictive requirements and that there wasn't enough time to even process what went through. One nonprofit, he said, got 26 applications approved out of 2,200 received.
"There are large numbers of applications out at the counseling agencies that are not going to be dealt with by Sept. 30," Dodds said. "They started late and became overloaded with paperwork. "
Getting any sort of extension for a government-spending program through legislation remains a far-distant possibility as Congress searches for trillions in spending cuts and works at cutting down the long-term U.S. debt. Lawmakers are struggling to reach an agreement on how to fund the Federal Emergency Management Agency at the last minute and avoid a government shut down.
The roughly $100 million set aside for Pennsylvania has already been allocated, Dodds said. But his organization met with HUD Secretary Shaun Donovan Monday to ask for the entire $1 billion to be encumbered to all state housing finance agencies. According to Dodds, Donovan denied the request, citing that the funding couldn't obligated if the applicants weren't approved.
It is unknown how much of the $1 billion will go unspent because of the difficulties.
"They didn't say," Dodds said.
Write to Jon Prior.
Follow him on Twitter @JonAPrior.
Tags: Casey, distressed borrowers, Dodd-Frank, EHLP, Emergency Homeowners Loan Program, HUD, mortgage, Philadelphia, Schumer, Shaheen, spokesman, unemployed
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