Archive for October, 2011
California housing starts rose 10% in September from a year earlier as apartment and condominium construction surged, offsetting a decline in single-family homes, according to data from the California Building Industry Association.
Permits for single-family homes fell 16% from September 2010, totaling 1,463, while multifamily permits rose 45% from a year earlier, to 1,828, statistics compiled by the Construction Industry Research Board show.
Permits for both single-family and multifamily housing declined on a month-over-month basis, falling 25% and 41% respectively, consistent with seasonal changes for this time of year.
“Tough economic conditions, rising impact fees, tight credit and ever-increasing regulations continue to keep California’s homebuilding levels at record lows, which is not a great place to be if we want to begin to make a dent in unemployment and jump-start a significant economic recovery,” said Mike Winn, CBIA’s president and CEO.
For the first three quarters of the year, permits were pulled for 34,386 total units, a 6% increase from the same time period a year ago, when 32,368 permits were issued.
As was the case this year, all of that growth came from the multifamily sector, which saw permits jump 37%. Permits for single-family homes, on the other hand, fell 15%.
The construction research board is projecting that single-family permits will hit a record low this year. The forecasted total of 21,500 would the lowest since the board began tracking permits in 1954.
About 24,500 multifamily permits will be pulled over the course of the year, bringing total housing permits to 46,000, the board projects. That would mark an increase from the 44,762 permits pulled in 2010, but a decline from the 64,962 in 2008.
Write to Liz Enochs.
Tags: apartment, California Building Industry Association, condo, housing starts, multifamily
Posted in Origination/Lending, Top Stories | 1 Comment »
Rep. Scott Garrett (R-N.J.) will unveil his plan this week for a future mortgage market without a government guarantee, according to a congressional aide.
Garrett is the chairman of the financial services subcommittee on capital markets and the government-sponsored enterprises. In June, the House Financial Services Committee cleared Garrett's legislation setting up a framework for funding mortgages through a future covered bond system.
But the plan announced this week will be the first from any lawmaker since the Treasury Department proposed three different options in February for how to wind down Fannie Mae and Freddie Mac.
The Garrett proposal would more closely resemble the first option from the Treasury white paper, which would lay out a completely privatized system without any government backstop for future mortgages.
The Treasury itself said such a plan would minimize distortions in the market and would keep investors from taking on too much risk, but industry trade groups, analysts and economists have routinely said such a plan would make home loans harder to get and more expensive.
The Treasury also proposed a backstop for the mortgage market without the GSEs and provided a third option that would provide a government re-insurance of mortgage-backed securities through a catastrophic fund.
Treasury Secretary Tim Geithner recently told lawmakers discussions to reform Fannie and Freddie are ongoing and that the European debt crisis and other immediate fiscal concerns delayed the rollout of a final GSE reform plan.
A series of bills passed committee earlier in the year reforming some Fannie and Freddie operations, but Federal Housing Finance Agency Acting Director Edward DeMarco said many of those proposals were duplicative of conservatorship agreements. The FHFA regulates Fannie and Freddie.
In September 2008, the Treasury took the GSEs into conservatorship and extended the largest bailouts in U.S. history. As of the end of the second quarter, Fannie and Freddie owe the U.S. government more than $142 billion in taxpayer relief.
Write to Jon Prior.
Follow him on Twitter @JonAPrior.
Tags: covered bonds, Fannie Mae, freddie mac, housing, MBS, mortgage, New Jersey, Scott Garrett, Treasury, white paper
Posted in Secondary Market/Investors, Top Stories | 2 Comments »
Dallas police arrested 20 to 25 members of Occupy Dallas outside a Chase branch downtown Monday after they refused to unlock arms and remove themselves from blocking the front entrance.
The protesters were handcuffed and hauled into paddy wagons as dozens of other protesters chanted lines such as "Banks got bailed out! We got sold out!" and "We come in peace! They come in greed!"
The protesters began marching to the bank around noon from their camp at City Park Hall in downtown Dallas, asking people along the way to withdraw all of their money from the bank and close their accounts. No word yet if anyone actually did.
Soon after, police and the surrounding public began watching from up close and across the street. About an hour later, the arrests came.
Members of Occupy Dallas said they were fighting corporate greed and control of the government.
Johnathan Batten, one of the protesters, said the Occupy Dallas movement has "grown tremendously" since it began on Oct. 6. "Right now I think we’re raising awareness," Batten said. "We’re trying to get out here in the streets and pull more people into our cause because that's the only way things will change."
Earlier this month in Chicago, former Florida Governor Jeb Bush said in a speech at the Mortgage Bankers Association’s annual convention that businesses had become "way too timid."
"The problem that got us into this mess was the real estate problem, but there is very little going on to solve the real estate problems," Bush said. "Who better to advocate a policy to get us out of this mess? What not defend your positions in the marketplace of ideas? The natural inclination is to cower. I would encourage you to stand up."
Write to Justin T. Hilley.
Follow him on Twitter @JustinHilley.
Tags: arrest, Bail out, City Park Hall, Jeb Bush, JPMorgan, Mortgage Bankers Association, Occupy Dallas, Occupy Wall Street
Posted in Origination/Lending, Top Stories | 1 Comment »
Ocwen Financial Corp. (OC: 34.67 -0.57%), the largest subprime mortgage servicer in the U.S., grew again in October with the purchase of Saxon Mortgage Services from Morgan Stanley (MS: 18.14 -0.06%).
Ocwen also returned to a profit of $20.2 million profit, or 19 cents per share, for the third quarter from a loss of $13.2 million one year ago.
Revenue jumped to $122 million in the third quarter, up 28% from the year-ago period. The firm collected more than $112 million in servicing fees, up from $86 million the year before.
On Sept. 1, Ocwen completed its acquisition of Litton Loan Servicing from Goldman Sachs (GS: 110.164 +1.48%). A servicing portfolio of $38.6 billion in unpaid principal balance pushed its company-wide portfolio to $106.1 billion.
In the Saxon transaction, Ocwen receives $26.6 billion in mortgage servicing rights and $12.9 billion loans Saxon subserviced for its parent company Morgan Stanley. Ocwen paid $59.3 million for the rights to service these mortgages and agreed to pay an estimated $292.2 million in servicing advances due to Saxon.
The transaction is expected to close in the first quarter of 2012.
"The Litton acquisition is proceeding as planned," said Ocwen CEO Ron Faris. "The majority of loans transferred to Ocwen's platform on Sept. 1, and the remainder will move by Nov. 1."
The company reported more than $20 million in litigation expenses tied to a dispute with an unnamed vendor. The delinquency ratio on the Ocwen portfolio rose to 28.7% in the third quarter from 24.2% at the end of July.
Faris said the increase was tied to incoming loans from Litton.
Ocwen completed 15,743 modifications in the quarter, with an increasing amount through its Shared Appreciation Modification, or SAM program, which was designed to write down the principal for eligible borrowers and share future equity growth.
Write to Jon Prior.
Follow him on Twitter @JonAPrior.
Tags: foreclosure, Goldman Sachs, Litton Loan Servicing, mortgage, mortgage servicing rights, Ocwen, Ron Faris, Saxon, Servicing/Default, third quarter
Posted in Servicing/Default, Top Stories | 2 Comments »
The Obama administration originally explored legislation that would have reduced barriers to refinancing for underwater mortgage borrowers but turned to the Federal Housing Finance Agency instead, according to the head of the president's economic team.
"Refinancing has been a key focus for President Obama," said Gene Sperling, director of the National Economic Council. "He considered putting forward legislation through the jobs act. We made a decision that there was a good opportunity to work with the industry and the FHFA to move forward without new legislation."
The FHFA announced changes to the Home Affordable Refinancing Program Monday. By eliminating upfront fees, negative equity caps, appraisal requirements and putback risks on the original loan file, the FHFA said the program could double, while most analysts said the result would be modest.
Former Special Inspector General of the Troubled Asset Relief Program Neil Barofsky said on Bloomberg television Monday that the program revamp doesn't address the core issue facing the housing market and like other programs before it remains "tepid."
Requiring possibly stricter guidelines for refinancing through federal law was considered, Sperling said, but the administration didn't think Congress would pass such a reform.
"Here was a place where we felt there were significant steps that could be taken that could make a major difference for so many homeowners right now. We understand there could be other types of actions taken, but you have to weigh the possibility of that passing and the time it would take," Sperling said. "There are more steps we could take in this fashion."
Obama brought in Sperling, a veteran of the Clinton administration, at the beginning of the year. The Washington Post reported he was selected for his ability to wrangle economic policies out of a hostile Congress. But not even Sperling could push a major refinancing bill through a capital so polarized it brought the country within hours of a default on its sovereign debt earlier in the year.
House Republicans specifically have been at work during the current session attempting to unwind several underwhelming foreclosure prevention programs such as the Home Affordable Modification Program.
Leaders on GOP-controlled House Financial Services Committee, which has led this charge, did not immediately have a comment on the HARP changes Monday morning.
Sens. Barbara Boxer (D-Calif.) and Johnny Isakson (R-Ga.) introduced legislation to do so twice this year, but it didn't make it through committee. Both applauded the administration action Monday as "a good start."
With Obama on the road — in Nevada on Monday — pitching several pieces of his jobs bill earlier rejected by a Republican filibuster in the Senate, he has begun looking for ways to navigate around a gridlocked Washington and boost economic growth through executive action, Sperling said.
Department of Housing and Urban Development Secretary Shaun Donovan said in a conference call Monday there was never much hope of Congress acting to usher more underwater borrowers into a lower-rate loan.
"Getting legislation done for refinancing more mortgages simply hasn't been in the cards," Donovan said.
Write to Jon Prior.
Follow him on Twitter @JonAPrior.
Tags: Barack Obama, Congress, default, downgrade, FHFA, foreclosure, HAMP, HARP, Home Affordable Refinancing Program, HUD, jobs act, National Economic Council, obama, President Obama, Refinancing, upfront fees
Posted in Servicing/Default, Top Stories | No Comments »
Mortgage Insurance Companies of America rolled out a standardized loan workout reporting form for insurers that is intended to help companies provide more streamlined data to mortgage servicers.
The trade group said the forms will be used by affiliated firms, as well as nonaffiliated mortgage insurers.
"This will eliminate the current practice of servicers developing programming to generate customized workout reporting for each mortgage insurance company with which it does business," MICA said in a statement. "The template is designed to capture all workout activity on a monthly basis on all delinquent loans and loans in workout status."
The new template includes standardized field names, definitions and formats that apply to borrowers, servicers, investors, properties, delinquencies and other workout data.
MICA said the objective is for the workout reporting template to replace the MICA Home Affordable Modification Program reporting form, as well as any other customized workout reports.
"However, each servicer should continue to submit all existing workout reporting they may be currently providing, along with the new workout reporting template, until each mortgage insurance company approves the servicer to discontinue submitting existing reporting," MICA said. "Additionally, each servicer should coordinate transmission and delivery of the new reporting template with each mortgage insurance company."
Servicers will not be required to use the template until the January monthly reporting cycle, which will be released in February.
Write to Kerri Panchuk.
Tags: HAMP, Home Affordable Modification Program, loan workouts, MICA, Mortgage Insurance Companies of America, mortgage insurers, mortgage servicers
Posted in Servicing/Default, Top Stories | No Comments »
Mortgage banking activity expanded 35% in the third quarter thanks to record-low interest rates and is poised to register strong growth in the fourth quarter, according to a new research report.
That's from a review of earnings at the 24 banks covered by FBR Capital Markets & Co., the research arm of investment bank FBR & Co. (FBRC: 2.11 -0.47%)
"We originally expected 3Q11 to be strong for mortgage banking income given the significant increase in refinance activity that resulted from lower interest rates," says the report, authored by Paul Miller Jr., Rob Ramsey, Scott Valentine, Brett Scheiner and Kevin Barker. "However, the majority of refinances occurred in the back half of the month and many of the loans committed in 3Q11 will not actually close until 4Q11."
With refinance activity expected to remain high, the fourth quarter is set to be the best quarter this year for mortgage banking, according to the report.
We believe that some banks may be viewing residential mortgages in this environment as a better alternative to (mortgage-backed securities)," say the researchers, who suggest this could be the beginning of a trend toward banks holding mortgage loans in their own portfolios instead of reselling them to the secondary market.
Overall, FBR researchers said they are "incrementally more positive" on bank stocks heading into the fourth quarter, and they recommend investors favor "regional banks with solid revenue growth."
"We believe that some of the dire scenarios discussed may have hit bank valuations harder than underlying fundamentals indicate," the FBR analysts said. "The banks were able to show decent loan growth in select asset classes, net interest income looks to be more resilient than expected, and credit has continued to improve, albeit at a slower pace."
Median growth in loans for the banks tracked by FBR Capital Markets was 1.2% in the third quarter, mostly driven by an increased volume of commercial and industrial loans. The third quarter marked the first quarter of widespread growth for loan balances, according to the report.
The researchers' top bank picks are Fifth Third Bancorp. (FITB: 13.21 +0.99%), Wells Fargo & Co. (WFC: 29.40 +1.20%), PNC Financial Services Group Inc. (PNC: 58.94 +0.07%), Webster Financial Corp. (WBS: 21.56 +0.61%), First Commonwealth Financial Co. (FCF: 5.59 -0.18%), and National Penn Bancshares Inc. (NPBC: 8.77 +1.27%).
Write to Liz Enochs.
Tags: FBR, FBR Capital Markets & Co., interest rates, MBS, mortgage, mortgage banking, mortgage-backed securities, refinance, residential mortgages, secondary market
Posted in Origination/Lending, Top Stories | 1 Comment »
Judicial opinions like U.S. v. Ibanez out of Massachusetts show courts wanting banks to follow a tighter legal process when foreclosing on securitized mortgages, a new research paper from the American Constitution Society for Law and Policy said.
The paper, "An Evolving Foreclosure Landscape: The Ibanez Case and Beyond," concludes that the issue in Ibanez is not whether a foreclosure filing is warranted, but whether the banks could simply move forward and foreclose when they failed to establish legal title before the filing. The paper was written by researchers Peter Pitegoff and Laura Underkuffler.
Researchers contend the courts are not suggesting the banks in these cases cannot foreclose or don't have the right to foreclose. Instead, they see the decision as one in which the judges are saying the securitization process is too complex and scattered for laypersons, creating a need for banks to create structure in the messy securitization process by going back and fixing assignments before foreclosing.
"The apparent attitude of the courts in these cases can be best summarized by the statement of a New York judge in a comparable context: that courts will not be mere automatons mindlessly processing paper motions in mortgage foreclosure actions, most of which proceed on default," the researchers wrote. "Rather, in these cases, courts have held banks, other lenders, and securitized trusts to strict proof of what might otherwise seem to be fairly inferred facts and contractual obligations."
The American Constitution Society for Law and Policy concludes that judges seem to have drafted these opinions not to say the bank was wrong to foreclose on someone who was in default, but to ensure a standard is in place for handling the process in light of the mortgage securitization process.
"With such rampant problems, the approach that was taken in Ibanez and the other cases is the only one that is sensible: the burden of proving the right to foreclose must be placed on the foreclosing party," Pitegoff and Underkuffler wrote. "If a remote assignee or securitization trustee claims the right to foreclose, it must prove the legal basis for that claim. It cannot be the case that a remote party can claim the right to foreclose, with the property owner then forced to disprove its entitlement to that action."
Write to Kerri Panchuk.
Tags: American Constitution Society for Law and Policy, foreclose, foreclosure, foreclosures, mortgage, securitization, U.S. v. Ibanez
Posted in Secondary Market/Investors, Top Stories | No Comments »
[Update 1: Corrects headline to reflect billions not millions.]
The widening of spreads on commercial mortgage-backed securities reduced the competitiveness of conduit loan origination in the third quarter, according to Moody's Investors Service, which expects issuance to slow over the next few quarters.
Analysts said CMBS deals will revert back to $50 billion to $75 billion annually "when the spread widening driven by eurozone debt issues reverses to the levels we experienced earlier this year," despite the "feast or famine aspect" to loan origination.
CMBS issuance averaged $66 billion a year from 1998 to 2004, according to the ratings agency, which expects about $30 billion in total issuance for 2011, excluding unwrapped Freddie Mac bonds.
"However, CMBS issuance has the potential to go to zero in a crisis or to $200 billion-plus as we saw in the 2006-2007 acquisition boom and may see again in the 2016-2017 refinance echo," Moody's analysts said. "For CMBS, the current turmoil means a delay of game, not game over."
Tad Philipp, Moody's director of commercial real estate research, said 2012 CMBS issuance should mirror this year by starting slow and ending quick, whereas 2011 started quick and ended slow.
Analysts said multiborrower, floating-rates CMBS transactions returned to the market for the first time in four years during the third quarter. And Moody's expects CMBS backed by pools of nonperforming loans to "return as investors seek financing for purchases of distressed debt."
Still, Moody's analysts see problems with CMBS although third-quarter metrics tracked comparably to those of the pre-crisis 2004 vintage.
"The signs of erosion in underwriting are worrisome," the analysts said.
The gap between Moody's loan-to-value metric, which measures balloon refinance risk, and underwritten LTV ratios is 33%, which is the widest yet in CMBS 2.0. (Click on chart to expand.)
Write to Jason Philyaw.
Follow him on Twitter: @jrphilyaw.
Tags: CMBS, commercial mortgage-backed securities, freddie mac, Moody's Investors Service
Posted in Secondary Market/Investors, Top Stories | No Comments »
The Obama administration is working to include substantial principal write-downs in the upcoming settlement between the largest mortgage servicers and most state attorneys general.
Faulty foreclosure practices surfaced one year ago, prompting regulators and the 50 state AGs to launch a wide-scale investigation. Affidavits were found to be signed en masse and without a review of loan files required under state laws, and many borrowers saw their property foreclosed upon while they were being considered for a mortgage modification.
As part of the negotiations, the AGs are working to force servicers to refinance current borrowers into lower-rate mortgages. A source said last week principal reductions were also very much a part of the talks, which some states began to split from, including foreclosure heavy California and New York.
"The settlement negotiation is also going to be focused on significantly accelerating the reduction of principal," Department of Housing and Urban Development Secretary Shaun Donovan said Monday.
He was asked why the recently announced changes to the Home Affordable Refinance Program did not include principal write-downs, which many feel could be more effective for homeowners considering strategic default.
"The strategic defaults will be driven by their unwillingness to pay $500,000 for a house that is now worth $300,000. No interest rate reduction or payment reduction will change their minds," said J.T. Smith, chief global economist at Aristar Funding Corp. "Either you get a shared sacrifice through investors and borrowers for principal reduction or you let the market clear."
HUD has been involved with the AG investigation for some time. The department provided a report in September, documenting its findings on the faulty foreclosures.
"HUD among other federal and state agencies has provided us information that gives us a very clear picture of what has occurred," a spokesman for Iowa AG Tom Miller said at the time.
The Obama administration has launched a series of principal reduction programs through its $7.6 billion Hardest Hit Fund and the Home Affordable Modification Program. But only a handful of states secured any participation from major lenders, and HAMP principal write-downs have gone to just 10,500 borrowers since January.
"The administration has been slow to make adjustments to housing policy in the last several years," said John Taylor, CEO of the National Community Reinvestment Coalition. "They should evaluate the effectiveness of these changes to HARP in three months. If the changes are not having an impact, then the administration must move more aggressively, such as by mandating servicer participation in principal reduction programs, or by directly purchasing loans and writing them down."
Write to Jon Prior.
Follow him on Twitter @JonAPrior.
Tags: affidavit, Aristar Funding Corp., attorneys general, Donovan, foreclosure, HAMP, Hardest Hit Fund, HARP, Home Affordable Modification Program, Home Affordable Refinance Program, HUD, investigation, mortgage, NCRC, principal write down, robo-signing, servicers
Posted in Servicing/Default, Top Stories | 4 Comments »












