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Archive for October, 2011

Thursday, October 20th, 2011

Fixed-mortgage rates held steady on mixed economic reports this past week, Freddie Mac said Thursday.

Still, fixed rates hovered near their 60-year lows.

Freddie's Primary Mortgage Market Survey showed the 30-year, fixed-rate mortgage averaging 4.11%, down from 4.12% a week earlier and 4.21% a year ago.

In addition, the 15-year, FRM hit 3.38%, up slightly from 3.37% a week ago and down from 3.54% last year.

Frank Nothaft, vice president and chief economist of Freddie Mac, said mixed economic data left mortgage rates mostly unchanged. "Retail sales were up 1.1% from September, almost four times the pace set in August," he said.

However, he noted the consumer sentiment fell in the Thomson Reuters/University of Michigan Index, leading to mixed economic reports in the market.

Adjustable rates moved more than fixed rates during the period.

The five-year, Treasury-indexed hybrid adjustable-rate mortgage hit 3.01%, down from 3.06% a week earlier and 3.45% from last year.

In addition, the one-year, Treasury-indexed ARM averaged 2.94%, up from 2.90% last week and down from 3.30% last year.

Write to Kerri Panchuk.

Thursday, October 20th, 2011

Sterling Bancorp (STL: 9.55 -0.52%) returned to a profit for the third quarter due to higher revenue, lower provisions for loan losses and the elimination of dividends and accretion on preferred shares.

The bank, which lends money for residential mortgages as well as small- and medium-sized businesses, earned $4.4 million, or 14 cents a share, for the three months ended Sept. 30, up from a loss of $2.7 million, or 12 cents a share, a year earlier.

The bank said total noninterest income fell to $11.5 million in the third quarter, down from $13.1 million in 2010. The company attributed the decline to higher accounts receivable management and fees offset by lower residential mortgage banking income, service charges and securities gains.

Chairman and Chief Executive Louis Cappelli said the bank "maintained and strengthened our liquidity position, which we have temporarily deployed in a manner that will enable us to access these funds as needed to support anticipated future loan growth."

"We have accomplished this through positions in short-term investment securities and interest-bearing bank deposits that have the near-term effect of reducing the net interest margin due to the lower yields on these types of investments. Our strategy is to redeploy these funds in loans, with a resulting improvement in yields," according to Cappelli.

During the third quarter, Sterling's loan portfolio rose 13% to a record $1.5 billion. Meanwhile, total deposits increased 24% to $2 billion.

The third-quarter loan loss provision fell to $3 million from $14 million a year earlier, suggesting the credit quality of its assets has improved.

Write to Kerri Panchuk.

Thursday, October 20th, 2011

Initial jobless claims decreased a bit last week, but stayed higher than 400,000.

The Labor Department said the seasonally adjusted figure of actual initial claims for the week ended Oct. 15 fell to 403,000 from 409,000 the previous week, which was revised upward 5,000.

Analysts surveyed by Econoday expected 400,000 new jobless claims last week with a range of estimates between 397,000 and 410,000. Most economists believe weekly jobless claims lower than 400,000 indicate the economy is expanding and jobs growth is strengthening.

The four-week moving average, which is considered a less volatile indicator than weekly claims, decreased by 6,250 claims to 403,000 from the prior week's revised 409,250.

The seasonally adjusted insured unemployment rate for the week ended Oct. 8 stayed at 2.9%, according to the Labor Department.

The total number of people receiving some sort of federal unemployment benefits for the week ended Oct. 1 fell to less than 6.7 million from 6.82 million the prior week.

Write to Jason Philyaw.

Follow him on Twitter: @jrphilyaw

Thursday, October 20th, 2011

BB&T Corp.'s (BBT: 26.94 -0.37%) third-quarter income rose 74% from a year earlier, as loan loss provisions fell.

The bank holding company earned $366 million, or 52 cents a share, for the three months ended Sept. 30 up from $210 million, or 30 cents a share, a year ago. Revenue for the quarter fell to $2.14 billion from about $2.18 billion a year earlier.

The provision for loan losses for the quarter declined by $500 million, or 67%, due to improving credit quality, according to BB&T.

Chairman and Chief Executive Kelly King said it was the bank's strongest quarterly results in three years and interest income rose 8% to $1.5 billion.

"The increase was driven by significantly improved credit quality and improved net interest income," King said. "Average deposits increased 32% on an annualized basis compared to the second quarter, and noninterest-bearing deposits and interest checking increased 22% and 14%, respectively."

Third-quarter noninterest income fell nearly 38% to $690 million from $1.11 billion a year ago. Mortgage banking income dropped by one-third to $123 million from $184 million, mostly due to a $58 million decrease in residential mortgage production income on lower volumes and pricing.

King said BB&T lowered nonperforming assets by $900 million the past two quarters to the lowest level since early 2009.

The bank ended the third quarter with about $2.75 billion of total loans held for sale a 28% increase from $3.83 billion a year earlier, yet up from $1.97 billion at the end of the second quarter.

At the end of 2010, BB&T completed its strategy to de-risk its investment securities portfolio and sold about $6.1 billion of agency mortgage-backed securities and replaced them with shorter duration and floating rate securities.  BB&T also sold about $400 million of nonagency MBS to reduce the potential for future credit losses.

Write to Jason Philyaw.

Thursday, October 20th, 2011

A judge on Wednesday signed off on Lehman Brothers Holdings Inc.'s settlement with Bank of America Corp. and Merrill Lynch to reduce by more than $4 billion their derivatives claims against the liquidating investment bank.

Judge James Peck of U.S. Bankruptcy Court in Manhattan approved the compromise, which also calls for Bank of America to drop an appeal of a $500 million judgment against it and return $356 million for a claim in that proceeding. Lehman has been settling with its biggest counterparties on derivatives deals as it marches toward an early December confirmation hearing on its most recent creditor-payback plan.

Thursday, October 20th, 2011

Fifth Third Bancorp (FITB: 13.21 +0.99%) reported earnings of $373 million for the third quarter, or 40 cents a share, compared to $175 million, or 22 cents a share, a year ago.

The company's third-quarter profit growth is up 112% year-over-year and comes at a time when the bank's credit trends remain favorable. The company beat analysts estimates of average earnings in the 33 cents-per-share range.

The bank's average residential mortgage loan segment grew 28% year-over-year in the third quarter, reflecting a retention of mortgages, Fifth Third said. Auto loans also increased 9% year-over-year. However, both of those gains were somewhat offset by lower home equity loan balances, which fell 8% over last year due to lower demand and overall loan production.

The company's net charge offs — or debts payable to the bank that are outstanding and unlikely to be paid off — hit $262 million in 3Q, their lowest level since the fourth quarter of 2007. That compares to net charge offs of $304 million in the second quarter and of $956 million a year earlier.

During the period, Fifth Third said the number of total delinquencies past due remained flat.

The bank indicated that its European sovereign exposure, and its gross exposure to European banks is less than $0.3 billion.

Write to Kerri Panchuk.

Wednesday, October 19th, 2011

The first progress report on the big bank adoption of the Basel Committee on Banking Supervision Basel rules was issued Tuesday.

In the report, the committee, which operates under the Bank of International Settlements, finds that the Basel II levels of capital adequacy is largely met by financial institutions in the United States. The European Union, however, is a little further ahead with full adoption.

As for the updated Basel III phase in, due to begin Jan. 1, 2013, the United States is making little progress in that draft regulations are not even available. Large financial institutions were scheduled to start the process in 2011. However, in a race to adopt financial reform under the Dodd-Frank Act, big banks placed Basel III implementation on the sidelines, it appears. The EU, on the other hand, published draft regulation as planned on July 20, 2011.

Still, banks have started putting aside Tier 1 capital despite no formal draft of Basel III.

Similar to the Basel III proposal, the Dodd-Frank Act contains several provisions relating to capital requirements for U.S. banking institutions.

For example, the so-called “Collins Amendment” requires that U.S. regulators impose stricter capital requirements on U.S. institutions. Basel III and Dodd-Frank have similar goals, but contain differences in the capital requirements imposed.

In the aftermath of the global economic crisis, negotiations among Basel Committee regulators led to new rules that increased the amount of capital that banks must hold on to reserve in order to cushion against unexpected shocks. It also introduced a new global liquidity framework.

The Basel committee meets regularly to set banking standards for 27 countries, including the United States, Germany, France, Britain, Japan, China and Hong Kong.

Banking groups have criticized the new rules, saying they will slow growth by reducing the amount of money banks have for lending. Mortgage originations during the three months ended Sep. 30 by the big four banks have dropped 24% since a year ago.

Last month The Federal Housing Finance Agency warned that Basel III’s stipulations to increase capital requirements would increase mortgage rates.

Wells Fargo (WFC: 29.38 +1.14%), JPMorgan Chase (JPM: 37.29 -0.53%), Bank of America (BAC: 7.23 -0.96%) and Citigroup (C: 30.49 +0.36%) combined accounted for nearly 60% of the mortgage originations in 2010.

Basel III increases the minimum common equity capital ratio requirement for banks from the current minimum of 2% to 4.5% and the minimum Tier 1 capital requirement from 4% to 6%. These new requirements will be phased in by Jan. 1, 2015, with the phase-in period beginning Jan. 1, 2013. The minimum total capital requirement will remain at 8% under Basel III.

Regulators use the Tier 1 capital ratio to grade a firm's capital adequacy. In a call to investors Wednesday, BlackRock (BLK: 187.38 -0.26%) CEO Laurence Fink noted that even though the Basel II-compliant Franco-Belgian bank Dexia held the required Tier 1 capital ration, it still required nationalization. Fink said the Dexia event is indicative that capital provisions aren't working in current form.

Write to Justin T. Hilley.

Wednesday, October 19th, 2011

A federal district judge has denied The Bank of New York Mellon (BK: 20.11 +0.55%) motion to move a lawsuit filed by Countrywide RMBS investors out of federal court and back into state court.

The case was originally filed by investors in soured Countrywide mortgage-backed securities who were trying to block a proposed  $8.5 billion settlement between The Bank of New York Mellon, the trustee overseeing the securitized loans, and the loans' originator, Countrywide (Bank of America).

The investor plaintiffs, who are suing under the name Walnut Place, had the original case moved from state court to federal court on the grounds that it's a class-action with multiple parties, making it qualified for federal jurisdiction.

Bank of New York Mellon motioned to have the case moved back to state court. As part of the settlement process, which prompted investors to sue, BNY Mellon filed a petition in state court to begin proceedings under state Article 77. At the time,  Manal Mehta with Branch Hill Capital said Bank of New York Mellon wanted the case in state court because federal court would make the Article 77 proceedings irrelevant.

"Article 77 is a New York Statute," Mehta explained. "Bank of America wanted to use Article 77 to make the settlement binding upon all 530 trusts including those who objected to the settlement."

At the time, analysts felt the move to federal court ended BNY Mellon's ability to hold investors to the settlement.

On Wednesday, U.S. District Court of the Southern District of New York Judge William Pauley III said the case is not immune from federal jurisdiction. In fact, the judge viewed the case as touching upon key federal issues. "The settlement agreement at issue here implicates core federal interests in the integrity of nationally chartered banks and the vitality of the national securities markets," Judge Pauley wrote in his ruling. He added, "A controversy on these paramount federal interests should proceed in federal court."

Write to Kerri Panchuk.

Wednesday, October 19th, 2011

The Government Accountability Office made formal recommendations to the Federal Reserve board of directors to reform its reputation for holding severe conflicts of interest.

The GAO found that although the Fed manages potential conflicts of interest, stronger and more transparent rules should be installed to prevent the appearance of some directors taking advantage of their Fed status.

For instance, 18 former and current members of the Fed board were affiliated with banks and other companies that received emergency loans from the central bank during the financial crisis.

JPMorgan Chase (JPM: 37.29 -0.53%) CEO Jamie Dimon served on the Federal Reserve Bank of New York board at the same time Chase received these loans from the Fed. In March 2008, the Fed also provided Chase $30 billion in financing to purchase Bear Stearns.

Dimon was able to persuade the Fed to grant his bank an 18-month exemption from risk-based leverage and capital requirements, the GAO said. The central bank also took on troubled mortgage assets off the Bear Stearns balance sheet before the acquisition.

Potential conflicts of interest ran the other way as well. At the end of 2008, the New York Fed approved Goldman Sachs (GS: 110.1787 +1.49%) as a bank holding company, providing access to bargain loans from the reserve.

Stephen Friedman, then chairman of the New York Fed, also sat on the board of directors at Goldman and even owned shares of Goldman stock, which was prohibited by conflict of interest regulations, the GAO said.

The Fed was urged to document the roles and responsibilities of the directors and what their restrictions on supervision and regulation involvement would be. The GAO did find the directors have a limited role on rulemaking, but existing bylaws do not document what their roles clearly are.

Waivers to eligibility and ethics' policies, along with charters, memberships and bylaws should be made public, the GAO recommended.

"The Federal Reserve Board agreed with GAO's recommendations and said that it believes all have merit and will work to implement them," the agency said. "The Reserve banks also said that they will give serious consideration to implementing the recommendations."

Additionally, the GAO said the Fed should urge its group of regional banks to consider how to broaden pools of potential candidates. Officers below the senior executive level should be included, the agency said, in order to diversify their boards. For instance, of the 108 members making up the nine-member boards at the 12 regional Fed banks, 78 were white men, elected by banks to represent their interests.

Write to Jon Prior.

Follow him on Twitter @jonaprior.

Wednesday, October 19th, 2011

Fidelity National Financial (FNF: 18.2492 -0.00%) reported a third-quarter profit of $74.3 million, or 33 cents a share, down 10.7% from one year ago.

Last year's third-quarter income was $83.2 million, or 36 cents a share.

The company fell just short of the average analyst estimates of 34 cents a share.

Total revenue was $1.24 billion for 3Q, down from $1.37 billion from the year-ago period. Cash flow from operations stood at $66.1 million, up from $21.2 million a year ago.

The title group had revenue of $1.19 billion, down from $1.32 billion a year ago but pre-tax earnings for the period were $138.1 million, down from $139.5 million in 3Q 2010.

"We produced another strong quarter in our title insurance business, despite the continued difficult operating environment," said Chairman William P. Foley II. "Our industry-leading pre-tax title margin was 11.6%, including $7.2 million in realized investment losses, and 12.2% before the impact of those realized losses.”

Foley said the strength in Fidelity’s commercial title business partially offset the ongoing weakness in the residential resale markets and that the company exceeded its targets in shared services cost reductions.

"Our personal lines business suffered a pre-tax loss of $14 million due to claims relating to significant summer storms, most notably Hurricane Irene, versus a $1 million pre-tax loss in the prior year,” Foley said. “The personal lines business was a $9 million, or $0.04 per share, drag on our net earnings for the quarter.”

In July, Fidelity announced the sale of its flood insurance business for $210 million, which will generate an estimated $154 million pre-tax gain. It is awaiting final regulatory approvals and expects to close that sale in the next several weeks. The flood business is shown as a discontinued operation in its financial statements.

In August, Fidelity issued $300 million of seven-year, 4.25% convertible senior notes, allowing it to repay its maturing senior notes. The company used $75 million of the proceeds to repurchase approximately 4.6 million shares of common stock.

Write to Justin T. Hilley.



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