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Archive for October, 2011

Tuesday, October 18th, 2011

A Massachusetts man who bought a home in a faulty foreclosure sale didn’t have the right to bring a court case over the property because he isn’t the owner, the state’s high court ruled.

The Supreme Judicial Court, which in January found that banks can’t foreclose on a house if they don’t own the mortgage, went one step further in a closely watched case and said a sale after that foreclosure doesn’t transfer the property. Therefore, the buyer couldn’t bring his court action against a previous owner, the court ruled.

Tuesday, October 18th, 2011

As Bob Dylan first sang nearly 48 years ago: "The times, they are a-changin." And it certainly holds true in the homebuilding profession, where builders are revamping product offerings to serve families with multiple generations living under one roof.

A few years ago, 20-somethings, armed with a decent FICO score and a steady job, could easily qualify for a mortgage. Now we find ourselves in a world where homeownership is marred by tighter underwriting guidelines and a lack of secure employment among potential homebuyers.

As the economy lingers in the doldrums, families are shacking up and housing multiple generations under one roof. Consequently, homebuilders are no longer waiting for the kids to move out. Instead, they're moving in with new ideas on how to accommodate this growing segment of the population.

Lennar Corp. (LEN: 21.99 -0.63%) is one an example of a homebuilder practicing innovation at a time of great change, according to John Burns, chief executive of John Burns Real Estate Consulting.

Lennar is now selling what it calls a home-within-a-home. The company is offering houses that feature a full home connected to a smaller apartment. The home-within-a-home concept is designed to give families more versatility in living arrangements.

For example, if grandma or grandpa move back in, the NextGen home offers them a private suite with a bedroom, living area, kitchen, bathroom and a separate patio. The living areas are separated by double doors, for example, if more privacy is desired.

Prior to the baby boomers, adulthood was not defined by owning your own property. In fact, older generations stayed within the confines of the family unit they could afford mortgages of their own. At the time, this arrangement was considered a sign of prudence and fiscal conservatism since it gave older generations a place to stay and younger generations a place to live, while saving money to secure a solid future.

In the post-modern age, families moved away from this design, forcing the idea of high rents and big mortgage payments on young, unsuspecting buyers. Today's economy is turning the market retro, giving builders a chance to differentiate themselves through the products that they offer.

Lennar's product shows the family-model is back in-vogue. It will be interesting to see what other building innovations are spawned by the changing marketplace.

Write to: Kerri Panchuk.

Tuesday, October 18th, 2011

Bank of America (BAC: 7.23 -0.96%) mortgage servicing rights are already dropping as a result of lower interest rates, and exiting the correspondent lending channel will cost the bank even more.

Mortgage servicing rights, or MSRs, are contractual agreements between a bank and a lender to service a mortgage for a fee. Buying and selling MSRs is a multibillion dollar market.

The fee on an MSR is taken as basis points from the interest rate on the loan, and as rates have dropped to historic lows, MSR values have declined. Bank of America, the nation's largest mortgage servicer, reported $7.9 billion in MSR value for the third quarter, down 36% from the previous quarter.

Bank of America Chief Financial Officer Bruce Thompson explained during a conference call with investors Tuesday lower interest rates pushed the cap rate on MSR to 78 basis points from 52 bps in the previous period.

When the bank announced an exit from its correspondent lending practice during the third quarter, one of the side effects would be fewer MSR being added to the bank's balance sheet.

"The correspondent came with an MSR that doesn't count from a Basel III perspective, so you will see a slow down of MSRs on the balance sheet as a result of exiting this segment," Thompson said.

The cost of servicing is going up as new regulations from consent orders and the multistate attorneys general settlement with mortgage lenders begin to take shape. The legacy asset servicing department formed earlier in the year to sort out the back log of troubled and discontinued mortgages staffs more than 42,000 employees and costs BofA $2 billion in pure operating expense every quarter, Thompson said.

Some progress is being made, however slowly. Nonperforming loans, leases and foreclosed properties dropped below $30 billion at BofA during the third quarter, down from more than $34 billion last year.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Tuesday, October 18th, 2011

The Collingwood Group, a Washington-based business advisory firm, named Ray Romano senior adviser.

The former Freddie Mac executive vice president and chief credit officer is expected to identify business opportunities for the firm that arise as a result of the housing crisis, the company said Tuesday. Romano brings risk-management expertise and executive leadership for consumer and multifamily mortgage products to The Collingwood Group.

Vice Chairman Brian Montgomery said Romano's strengths are highly valuable and needed in today's mortgage market.

“His involvement with our firm will supplement our already wide range of proficiencies in assisting our financial services clientele,” Montgomery said.

In September, The Collingwood Group named Tom Cronin managing director of secondary market activity.

Romano is a mortgage finance veteran with more than 26 years of experience in credit risk, operations risk, mortgage servicing, financial management, strategic planning and capital markets.

Prior to joining Freddie Mac, Romano held executive positions with Washington Mutual, North American Mortgage Co. and Dime Savings Bank of New York.

Write to Justin T. Hilley.

Tuesday, October 18th, 2011

Homebuilder optimism climbed to the highest level since the federal homebuyer tax credit started in April 2010, according to the latest National Association of Home Builders index.

The NAHB and Wells Fargo (WFC: 29.385 +1.15%) survey builders to gauge perceptions of the new, single-family home market for the next six months. A score higher than 50 indicates more builders view the market as good than poor. The index rose to 18 for October from 14 for September. The index had ranged between 13 and 17 for the 12 months prior to October's reading.

NAHB Chairman Bob Nielsen attributed the increase to "modest improvements in buyer interest in select markets where economic recovery is starting to take hold and where foreclosure activity has remained comparatively subdued."

David Crowe, chief economist for the NAHB, said "pockets of recovery are starting to emerge across the country as extremely favorable interest rates and prices catch consumers' attention." Crowe said while some homebuilders changed their outlook to fair from poor, few shifted their assessment to good from fair.

The part of the NAHB survey that gauges expectations of sales over the next six months rose seven points to 24, while the component that tracks prospective buyers increased three points to 14.

The regional index in the West climbed nine points to 21, which is the highest score for that part of the country since August 2007. The indices for both the Midwest and South rose four points to 15 and 19, while the homebuilder confidence index in the Northeast for October stayed flat with September at 15.

Write to Jason Philyaw.

Tuesday, October 18th, 2011

Goldman Sachs (GS: 110.1999 +1.51%) recorded a quarterly loss for just the second time since going public in 1999, as revenue declined across the board.

The investment banking giant reported a loss of $393 million, or 84 cents a share, for the three months ended Sept. 30, down from income of $1.9 billion, or $2.98 cents a share, a year ago.  For the second quarter, Goldman earned $1.09 billion, or $1.85 a share.

Third-quarter revenue fell 60% to about $3.59 billion from $8.94 billion a year earlier. Investing banking revenue fell by one-third from last year to $781 million, which is 46% lower than the second quarter. Underwriting revenue for the third quarter decreased 61% from a year ago to $258 million.

"CEO and investor confidence as well as asset prices across markets were lower in the third quarter given the uncertain macroeconomic and market conditions. Our results were significantly impacted by the environment and we were disappointed to record a loss in the quarter," Chairman and CEO Lloyd Blankfein said.

The company reported total assets under management of $821 billion as of Sept. 30, down slightly from a year earlier and 3% lower than $844 billion at the end of the second quarter.

Write to Jason Philyaw.

Tuesday, October 18th, 2011

Institutional investment manager State Street Corp. (STT: 38.99 +0.54%) saw its profit rise 5% in the third quarter, while earnings increased slightly over last year.

State Street posted a profit of $543 million, or $1.10 a share in the third quarter. That compares to a profit of $540 million, or $1.08 a share, a year ago. Meanwhile, revenue jumped to $2.4 billion, up 5% from $2.3 billion.

The company's third-quarter revenue included $46 million in net interest revenue on the discount accretion tied to former conduit securities on the firm's balance sheet. The firm's third-quarter revenue also reflects a $91 million discrete tax benefit stemming from the firm's restructuring of its former non-U.S. conduit assets. About $85 million is tied to acquisition and restructuring costs.

Joseph Hooley, State Street's chairman, president and chief executive officer, said, "Our third-quarter results demonstrate the resiliency of our business model as our operating-basis revenues increased from last year's third quarter by about 12%, supported by prior period new business wins as well as stronger foreign exchange revenue. On an operating basis, we achieved positive operating leverage compared to the second quarter, reflecting effective expense control and expense savings from the business operations and information technology transformation program we launched last November."

Hooley said heading into the 2012 fiscal year, State Street is preparing for a "prolonged, worldwide low interest-rate environment," as well as weak economic growth, higher capital requirements and increased regulatory and compliance costs.

Write to Kerri Panchuk.

Tuesday, October 18th, 2011

Bank of America (BAC: 7.23 -0.96%) reported income of $6.2 billion, or 56 cents a share, for the third quarter, up from a loss of $7.3 billion one year ago.

Revenue totaled $28.7 billion for the quarter, up 6% from one year ago.

The bank, like Citigroup (C: 30.49 +0.36%) on Monday, benefited from a $4.5 billion gain from fair value adjustments on structured liabilities. The bank said the accounting move reflected a widening of its credit spreads.

BofA also found revenue from its sale of several businesses during the quarter. It gained $3.6 billion from the sale of some of its shares in China Construction Bank. Chief Financial Officer Bruce Thompson said BofA reduced its balance sheet by $42 billion from the previous quarter.

"This quarter's results reflect several actions we took that highlight our ongoing transformation toward becoming a leaner, more focused company," said BofA CEO Brian Moynihan.

Provisions for credit losses totaled $1 billion, down roughly $2 billion from one year ago.

The bank extended $33 billion in mortgages during the quarter. More than half were refinances. Origination totals were less than half the $71.9 billion written in the third quarter of last year and down from $40.4 billion in the second quarter, according to the bank's financial supplement.

Net losses on the real estate division widened to $1.1 billion in the third quarter from a $392 million loss last year. Revenue dropped 22% from $2.8 billion, driven by a drop in income from its sale of Balboa Insurance in the previous quarter. Lower demand, the bank said, pushed overall originations down as well.

The legacy asset division at BofA completed installing a single-point of contact system for its troubled mortgage borrowers. More than 6,500 employees were hired and trained during the third quarter. More than 42,000 employees now work in the bank's legacy servicing division. The division completed 52,000 modifications during the third quarter, down from 69,000 in the same quarter last year.

BofA was able to lower its provisions for representation and warranty claims to $278 million in the third quarter from $872 million. In the previous quarter, the bank had set aside $14 billion in rep and warranty reserves.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Monday, October 17th, 2011

Despite the most affordable buying market in decades, households across the country are slowly choosing rentals versus homeownership, signaling a positive economic trajectory for the multifamily sector, according to Freddie Mac’s October 2011 economic outlook report released Monday.

In the year ending June 2011, the Census Bureau reported a net increase of 1.4 million households that moved into rental housing, a 4% rise in the number of tenant households.

The U.S. homeownership rate fell about 1.5% over the past year, according to Freddie Mac's report.

Hessam Nadij, managing director of research and advisory services for Marcus & Millichap, said in the August issue of HousingWire magazine that “apartments, which are considered part of the commercial real estate sector, are well ahead of retail, office properties and industrial properties in the recovery because of the release of pent up demand.”

Much of the rental demand is from household heads under 30 years old who have decided to postpone homeownership in favor of renting during uncertain economic times, according to the report. Owner rates for those under 25 years old fell 4.4% to 21.9% while rates for those 25 to 29 years old fell 7% to 34.7%.

Bank of America Merrill Lynch estimated a net decline of 1.2 million homeowners since 2007, alongside a net increase of 3.4 million renters. Americans expect home prices to continue to fall, according to a recent Fannie Mae National Housing Survey. Another Fannie survey released in August also predicted a rise in renters.

Financing for rental housing is becoming more readily available. Frank E. Nothaft, Freddie Mac vice president and chief economist, attributed the rise in lending to low mortgage rates, improving apartment-sector economics and the return of traditional lenders that had curtailed activity during the recession. Nothaft said this year's multifamily loan origination volume is "stronger" than last year's.

Texas is the hottest market for apartments this year. A majority of the growth is coming from the Dallas-Fort Worth metro area, according to MPF Research, a unit of RealPage, Inc. The North Texas region started more than 7,300 new units, according to the firm’s mid-year data.

Write to Justin T. Hilley.

Monday, October 17th, 2011

The sale of properties repossessed through foreclosure may not peak until 2013, keeping home prices from a meaningful recovery for some time, analysts estimated Monday.

Nearly half of the more than 552,000 REO properties liquidated in the first half of 2011 were held by private banks. In the years ahead, the government — including the Department of Housing and Urban Development, Fannie Mae and Freddie Mac — will begin taking a majority of the activity.

In 2013, REO sales could reach 1.48 million properties, according to estimates from Bank of America Merrill Lynch analysts, a 10% increase from projected amount in 2012.

"We do not expect to see anywhere near the downward pressure on home prices that we had back in 2008, since the expected percent changes in liquidation volumes are so much smaller," BofAML analysts said. "But home prices are starting from a negative point, so the implication is that home prices will continue to decline as the foreclosures transition through the pipeline."

Most of the projected increase will come as the government begins to unload its backlog. The government-sponsored enterprises and HUD, analysts estimate, will liquidate roughly 595,000 properties in 2013 alone.

Total REO liquidations wouldn't drop below 1 million until 2015, according to BofAML.

The Obama administration began work last month developing new strategies for selling this mass of properties, which may involve renting more of them. The Federal Housing Finance Agency is also working on a way to refinance more underwater borrowers to entice them from walking away.

"I would essentially rent the house back to those who are living in them now," said Susan Woodward, an economist with Sand Hill Econometrics. "I don't think it makes a lot of sense to push 4 million people out of their homes when they're victims of a slower economy they had nothing to do with."

Other analysts were skeptical of anyone who could predict accurately what the GSEs or Washington would do, especially after the elections in 2012.

"Do they really think that the government under any administration would let 500,000 homes hit the market and crash prices all over again, six years after the first crash?" said Scott Sambucci, chief analyst at Altos Research.

He said even if unemployment improved by a full percentage point or two — which he said would be a stretch — the market would still struggle to meet such a supply influx.

"It would crash the market, so no, it'll never happen," Sambucci said.

Daren Blomquist at RealtyTrac, which monitors foreclosure filings across the country, said the sale of REO is on track to reach 825,000 by the end of 2011.

"We do expect the REOs to pick back up in 2012 as lenders push through some of the foreclosures delayed by processing and paperwork issues," Blomquist said, adding the inventory needed to be sold could reach well into the millions.

If half of the 800,000 mortgages currently somewhere in the foreclosure process and another half of the 1.5 million loans in serious delinquency end up REO, it could mean an additional, 1.15 million properties that would need to be liquidated — not including new foreclosures that enter the process, according to RealtyTrac.

"That's very possible given continued high unemployment rates and high underwater rates," Blomquist said. RealtyTrac estimates roughly 27% of all outstanding mortgages are worth more than the underlying property.

Woodward said refinancing borrowers, in negative equity or not, down to current market rates could result in a total savings for U.S. households at $250 billion annually. When asked if private investors would return to fund the future mortgage market after such a radical change, she said they would.

"I think the whole world would see this as a one-time fix. We did similar extreme things during the Great Depression," Woodward said.

Investors themselves, though, showed little confidence they would take on such a risk again. In fact, most are trying to keep the government involved in the housing market for the future, to keep risks as low as possible. Otherwise, foreign investors would flee.

While the estimates on how many REO will be sold in the future are extremely difficult to nail down, the size of the best projections share a common and threatening scale. Analysts said major refinancing schemes or new strategies for liquidating REO on a local level would need to be completed soon to rescue house prices from the still increasing pressure of mounting foreclosures.

"The need for policy support would therefore be considered urgent," the BofAML analysts said.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.



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