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Archive for October, 2011

Wednesday, October 19th, 2011

A Florida title attorney who is playing a prominent role in the fight against mortgage foreclosure fraud by lenders has taken a plea in a federal case over an alleged mortgage fraud conspiracy.

Carol Asbury, 59, could get as much as 20 years in prison and a $250,000 fine when she is sentenced next month, the Palm Beach Post reported.

The alleged scheme involved payments to straw buyers to pretend they were purchasing high-priced homes in Wellington. Using fraudulent loan documents, participants obtained loans for more than the purchase price and pocketed the difference, according to prosecutors.

Wednesday, October 19th, 2011

Conditions in the residential and commercial real estate markets remained weak in September, according to the latest Beige Book from the Federal Reserve.

The Beige Book is published eight times a year and measures economic activity by surveying industry contacts in markets across the nation.

Reports from the dozen fed districts nationwide suggest September brought some expansion in economic activity, but only modest or slight growth, the central bank  said.

Contacts in the New York district said residential construction "remains moribund" in the area, especially activity for single-family homes. At the same time, the rental market is strengthening in the region.

All 12 districts noted little change in real estate construction activity in September with residential construction still at very low levels. Home sales remain weak with home prices either flat with the prior month or falling across most districts, according to the Beige Book.

At the same time, construction of multifamily dwellings increased at a moderate pace in the Boston, Philadelphia, Cleveland, Kansas City, Dallas and San Francisco districts.

Commercial construction is weak, but did increase at a slow pace in most districts. Boston, Philadelphia, St. Louis and Cleveland reported some gains in demand for construction on facilities related to education, health care and other institutional-related buildings. New York noted an increase in hotel development.

Vacancy rates remained high nationwide, with the Boston, Atlanta, Chicago, Minneapolis and Dallas districts noting some increases in leasing activity. Philadelphia and San Francisco contacts saw investors intrigued by well-leased office space.

This was the final Beige Book of 2011 and the one the Federal Open Market Committee will reference when it meets again Nov. 1-2.

Write to Kerri Panchuk.

Wednesday, October 19th, 2011

Attorney and title agent Kimberly S. Daise, 48, has been charged by the U.S. Attorney's Office for the Southern District of Florida with participating in a mortgage scheme.

Daise is accused of inflating real estate prices on mortgage documents sent to lenders and pocketing the proceeds.

Authorities claim Daise, an attorney out of Miami, received $500,000 in fraudulent proceeds from two properties in Wellington, Fla.

The Department of Justice alleges Daise submitted false documentation to mortgage lenders who issued large loans. Specifically, authorities allege Daise created two sets of HUD-1 settlement statements. One set had the real price for the seller, while the other set, which was sent to the lender, included an inflated loan price.

The Florida State Bar has no record of Daise being flagged for disciplinary action, but that report does not include pending actions. Daise is charged with one count of conspiracy to commit fraud and wire fraud, and faces up 30 years in prison.

Write to Kerri Panchuk.

Wednesday, October 19th, 2011

A bill introduced Wednesday would force lenders to consider a borrower's expected energy costs when underwriting a government-backed mortgage.

Sens. Michael Bennet (D-Col.) and Johnny Isakson (R-Ga.) are the co-sponsors of the Sensible Accounting to Value Energy Act. If enacted, lenders for Fannie Mae, Freddie Mac and the Federal Housing Administration would have to take into account how much a borrower pays for electricity and gas when determining if he or she could meet the monthly mortgage payment.

Bennet and Isakson said the average homeowner spends more than $2,000 annually on energy costs, which is more than either real estate taxes or home insurance. The senators claim the legislation would clear borrowers to finance cost-effective home energy upgrades as part of the mortgage.

"The SAVE act would address this blind spot, giving a more complete picture of the costs of homeownership and borrowers’ capacity to service debt," according to a statement from the senators' office.

Tim Cornelison, a lender with United Community Bank in Blairsville, Ga., and a constituent of Isakson, couldn't believe policymakers would consider including such a hazy variable into an already tight underwriting process.

"The idea that utility costs are not factored into the decision process on a mortgage is a misconception and comparing energy costs to taxes and insurance is insane. If you own a home you must pay taxes and if you have a mortgage insurance coverage is required and specified by the lender. Energy consumption varies greatly from household to household in identical residences," Cornelison said.

The SAVE act is backed several industry and consumer groups including Ross Eisenberg, counsel on environment and energy at the U.S. Chamber of Commerce; Philip Henderson, the senior financial policy specialist at the Natural Resources Defense Council; and the Appraisal Institute.

"Energy conservation is important but enforcement through underwriting is impossible," Cornelison said. "An underwriter's job is to assess risk and they are not trained to measure energy efficiency. Local governments should establish and enforce conservation regulations through building standards and energy codes that are appropriate for their communities."

Henderson said refinances would be easy to underwrite, as the borrower would already have an energy pay history tied to that property. For existing home sales, the bill would compare energy bills from house to house, not borrower to borrower. "So the fact that different families in similar houses have different expenses isn’t a problem," he said.

Roughly 30% of new homes come with a home energy audit. The trick is understanding how a lender factors the energy audit and the estimate of expenses into the eligibility decisions.

"Enable the mortgage agencies to get a tight a handle on this. It will take some time, but other criteria such as credit scores took years to develop," Henderson said. "There's some question on how accurate it would be, so let's collect the data on this."

Henderson clarified the bill wasn't meant to inundate smaller lenders with more guesswork, especially when new regulations are already pushing more business to larger banks. Instead, he said he supported the bill because estimating energy costs are something Fannie, Freddie and the FHA could automate.

"The bill aims to have Fannie and Freddie do with energy expenses what they do with property taxes and insurance. They already do this. The question is why aren't they doing it with energy expenses," Henderson said.

Write to Jon Prior.

Follow him on Twitter @jonaprior.

Wednesday, October 19th, 2011

TD Bank plans to hire 87 employees within its mortgage operations to accommodate lending demand from Maine to Florida.

About 50 of the positions will be in Lexington, S.C., while the other 37 jobs will be scattered throughout the East Coast. TD Bank has two American headquarters: one in Portland, Maine, and another in Cherry Hill, N.J.

The new positions deal with all aspects of mortgage operations, including loan processing, appraisals, underwriting and customer care.

Mike Copley, who leads retail lending products at TD Bank, said the firm saw "a robust pick-up in the first-time homebuyer market" in recent months. "We were very happy with our first-time homebuyers. That (pick-up) told us that there are people in the marketplace to buy homes, and the first-time homebuyer is doing their research and taking their time to buy a first home."

He said TD Bank's unique position as a portfolio lender has helped the firm maintain a steady flow of business throughout the recession and slow recovery.

"I think it has a lot to do with our value proposition. We really do offer simple products that are easy to understand," Copley said. Because everything stays in TD Bank's portfolio, the company's loan level pricing is more favorable since the bank does not deal with guarantee fees or loan level pricing adjustments that inevitably come into play when loans are sold off into the secondary market.

"The third element is we are one of the few triple-A rated banks in the world," Copley said. "We have not experienced the significant decline in our mortgage portfolio performance that some of our competition has had, and we have not been involved in any of the foreclosure debacles."

TD Bank is a subsidiary of Toronto-Dominion Bank (TD: 77.1199 -0.81%).

Write to Kerri Panchuk.

Wednesday, October 19th, 2011

A Citigroup (C: 30.48 +0.33%) broker-dealer subsidiary sold investors on a $1 billion collateralized debt obligation tied to the housing market, while betting the CDO would default, according to the Securities and Exchange Commission.

Citigroup will return $285 million to investors of the CDO called Class V Funding III.

According to the SEC, Citi neither admits nor denies wrongdoing, in misleading investors on the $1 billion structured finance platform. The SEC said Citigroup Global Markets used its discretion when selecting the mortgages to be placed in the CDO and, thus, potentially knew the quality of the underlying collateral was subpar.

"Citigroup then took a proprietary short position against those mortgage-related assets from which it would profit if the assets declined in value," the SEC alleges. "The CDO defaulted within months, leaving investors with losses while Citigroup made $160 million in fees and trading profits."

The SEC then believes Citigroup purchased credit default swaps from Credit Suisse which would pay out in the event the CDO defaulted. According to emails reviewed by the regulator, one experienced CDO trader characterized the Class V III portfolio as "dogsh!t” and "possibly the best short EVER!" in an internal message.

Citigroup received fees of approximately $34 million for structuring and marketing the transaction and additionally realized net profits of at least $126 million from its short position.

"The securities laws demand that investors receive more care and candor than Citigroup provided to these CDO investors," said Robert Khuzami, SEC director of enforcement. "Investors were not informed that Citgroup had decided to bet against them and had helped choose the assets that would determine who won or lost."

Write to Jacob Gaffney.

Follow him on Twitter @jacobgaffney.

Wednesday, October 19th, 2011

The Consumer Financial Protection Bureau named former Minnesota Attorney General Hubert "Skip" Humphrey III to head the Office of Older Americans Wednesday.

Humphrey recently served as president of the Minnesota AARP and seats on the association's national board. His office was created to protect senior citizens from fraudulent and deceptive lending practices. When asked specifically about reverse mortgages, Humphrey noted it's one of the things the new regulator is examining.

"One of the things that I have enjoyed learning about at the CFPB is the extent of research that is taking place and the capacity the bureau has to conduct research," he said.

Humphrey's division is a product of the Dodd-Frank Wall Street Reform and Consumer Protection Act, which not only formed the CFPB, but created the office to ensure lending to seniors is fair.

"As baby boomers join the ranks of the retired, their hard-earned savings should help them realize opportunities, not serve as the target of deception and fraud," said Raj Date, special adviser to the Treasury. "Skip’s experience as a state attorney general and state senator, and his work with seniors in his home state of Minnesota as well as on the national front, make him a perfect fit to lead the Office of Older Americans."

The office will focus on educating seniors about their financial choices, coordinating with law enforcement and government agencies to prevent scams that target seniors and use information from the field along with direct input from seniors to identify trends and bad practices.

Humphrey spent 16 years as Minnesota's attorney general, and worked as a senior vice president at public affairs and management company Tunheim Partners. He is the son of former Vice President Hubert H. Humphrey Jr.

Write to Kerri Panchuk.

Wednesday, October 19th, 2011

Third-quarter earnings for investment manager BlackRock (BLK: 187.38 -0.26%) rose 8% to $595 million, or $3.23 a share, from $551 million, or $2.83 a share, a year earlier.

The company beat earnings estimates of $2.67 a share, despite shaky economic condition in multiple markets for the global investor. Revenue for the three months ended Sept. 30 rose 6% to $2.22 billion from $2.09 billion a year ago. Operating income, excluding costs from exiting two U.K. leases and other items, increased to $849 million from $754 million for the third quarter of 2010.

While equity-based assets under management are down to $1.4 trillion, an 18% drop on the year, fixed income assets rose to $1.2 trillion, up 2%. However, investors are dealing with numerous challenges, such as fluctuating accounting rules, huge pressures to perform and lack of good, clear information. Total assets under management at Sept. 30 fell 3% to about $3.35 trillion from $3.45 trillion a year ago.

Chairman and CEO Laurence Fink said in an earnings presentation investors are "confused, frozen" and looking for solutions. A good example of market volatility is the inability of governments to perform adequately as regulators. The best example, he said, is apparent in Europe.

For example, about 10 weeks ago the central government performed stress tests on its largest banks. The test offered assurances that a BlackRock client, the Belgian bank Dexia, held a strong Tier 1 capital ratio of 10%. A few weeks later on Oct. 10, the bank became nationalized.

"It's that sort of information and problems that is unsettling to the market," Fink said. "It doesn't feel right and as a result people are de-risking."

CFO Ann Marie Petach said in a call with investors Wednesday morning that BlackRock's top hedge funds will likely see a dip in fees in the fourth quarter. However, BlackRock recently consolidated its London operations into one building, which will save the firm some money and streamline operations, she said.

The BlackRock earning reports shows that despite strong capital moving into to some markets, this wasn't enough to offset investors pulling out of others.

"Flows into fundamental U.S. short-duration, credit and municipal mandates were insufficient to offset outflows from U.S. long-duration and core strategies," the company said.

"Despite market headwinds, we continued to generate organic growth across global iShares, our U.S. retail channel, multi-asset class offerings and defined contribution," said CEO Fink. "At the same time, market volatility obviously weighed on investor psychology and led some clients to de-risk or delay fundings, though we also saw some clients buy equities to rebalance their portfolios amidst recent market declines."

A snapshot of recent earnings is available by clicking below.

Write to Jacob Gaffney.

Follow him on Twitter @jacobgaffney.

Wednesday, October 19th, 2011

Multifamily lenders increased financing for apartments containing five or more rental units by 31% in 2010, the Mortgage Bankers Association said in a new report Wednesday.

The trade group says 2,548 multifamily lenders loaned $68.8 billion in mortgage financing for that particular market segment last year.

The multifamily lenders who played the largest role in writing the  loans included Wells Fargo (WFC: 29.38 +1.14%), CBRE Capital Markets Inc., Berkadia Commercial Mortgage LLC, PNC Real Estate (PNC: 58.94 +0.07%) and Prudential Mortgage Capital Co. (PRU: 56.62 +1.85%)

"The multifamily lending market grew 31% in 2010, with credit extended by a broad range of lenders to a broad range of properties," said Jamie Woodwell, MBA's vice president of commercial real estate research.

Comparatively, lenders in 2008 — the year of the financial market crash — provided only $88 billion in new financing for multifamily properties, a 40% drop from 2007, according to the MBA.

Looking at just housing starts, the Commerce Department reported Wednesday that housing starts shot up 15% in September, hitting 658,000 units, compared to August, and were up by more than 10% from a year ago.

Permits for apartments with five or more units rocketed up by 53.4% over August and by 57.6% over the year-ago period, according to the data. The Commerce Department data shows 227,000 apartments with five or more units were started in September, up from 144,000 in the year-ago period.

Write to Kerri Panchuk.

Wednesday, October 19th, 2011

More than 23,200 foreclosures in 2006 sat unsold until the second quarter of 2010 – more than four years later, according to a study from the data analytics firm CoreLogic (CLGX: 14.56 +0.62%).

Analysts studied the destinations of more 355,000 properties that hit foreclosure auctions in 2006. Investors bought about one-third of them at the courthouse steps, and the remaining 233,000 went back onto lenders' books as real estate owned.

Of those, 90%, or 210,000 homes, sold as REO to third-party buyers. Of these, half took six months to sell and 21% took more than one year to unload.

But 23,200 sat unsold for four years, CoreLogic found. These are properties that entered the foreclosure process before the system surpassed its maximum capacity in many states. REO sales have yet to peak, meaning the time banks and the U.S. government will have to hold these homes could go even longer.

"It is well known that foreclosure and liquidation timelines have risen dramatically over the last few years. What is less known is how REO persistence, or REOs remaining unsold for extended periods of time, has changed over time," CoreLogic said.

What is known is that the longer the property sits, the more cash buyers end up with the property, often for steep discounts. For the 2006 REO that resold more the one year later, 55% went to cash investors, compared to 40% for the entire foreclosure stock that year.

More than 11,000 of the REO sales were resold three times over the next five years, and 70% were resold through cash transactions. CoreLogic said the dominance of cash for these so-called "churned" properties is consistent in later auctions.

For the 2006 REO sold to buyers who took out a mortgage, only 2% fell back into REO in the five years since.

"This indicates that REO recidivism is not as significant a concern as previously thought," CoreLogic said.

Such stagnant pools of inventory have crippled any recovery in home prices. Most analysts predict even more depreciation in 2012. Billions in government initiatives such as the Neighborhood Stabilization Program and the Hardest Hit Fund went to help states and nonprofits resell vacant and abandoned foreclosures even as Republicans in the House moved to cut these programs.

But until the overall economy and employment improves, the inventory overhang will only widen.

"In 2006 and 2007, 10% of properties that entered the REO stock at the foreclosure auction were still in REO as of mid-2010," CoreLogic said. "In other words, these properties have been in REO continuously since 2006."

Write to Jon Prior.

Follow him on Twitter @jonaprior.



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