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Archive for October, 2011

Friday, October 28th, 2011

Three Las Vegas residents face mortgage fraud charges for promising struggling homeowners help with their burdensome mortgage debt. However, the relief for homeowners never came, the Nevada Attorney General claims.

The AG issued warrants for the arrest of Alex Soria, Sonia Rodis and Hans Johns for operating BioGreen Teck, a business that promised to bring distressed borrowers current on their mortgages. Instead, it is alleged, the company collected fees on providing court documents to the borrowers that did nothing to stop foreclosure.

All of the defendants have been charged with two counts of mortgage fraud and two counts of theft.

"These arrests are an important step in protecting homeowners. It is appalling that these individuals would make their livelihood off struggling Nevadans, including victims who are over 60 years old,” Cortez-Masto said. "We intend to continue to prosecute this illegal conduct to the fullest extent of the law. Doing so will discourage others from attempting to perpetrate similar schemes upon Nevada’s consumers."

The Nevada AG says Soria and Rodis owned BioGreen Teck, which offered a 0% mortgage program that promised to get rid of the borrower's obligation and allow the person to remain title holder of the property. The parties filed two documents — affidavits of fact and deeds of full reconveyance. The victims filed these at the recorder's office, and complained after they ended up facing foreclosure anyway.

Soria had once been advised by the Clark County District Attorney that the documents had no legal effect, but he continued to accept money to prepare those documents.

Write to Kerri Panchuk.

Thursday, October 27th, 2011

More than 42% of prospective homebuyers polled by Zillow believe home values will appreciate by 7% annually in the years ahead.

"It's troubling that we're still in the midst of one of the worst housing recessions in history, and yet prospective buyers continue to have such high expectations for home value appreciation," said Stan Humphries, chief economist at Zillow.

Many commented the Zestimates put out once a month by Zillow routinely show rosier-than-expected home values than other indices. Still, the findings in their survey were most troubling because even in a normal market, home prices only appreciate between 2% and 5% per year, according a 2005 study completed by Robert Schiller, founder of the Standard & Poor's/Case-Shiller home price index.

Zillow polled 177 people who said they were planning to buy a home within the next three years.

The prospective buyers did show a knowledgeable grasp of the process. More than 65% of those surveyed answered questions correctly more than half of the time. There were still some areas of concern.

Roughly 41% of respondents believe purchasing private mortgage insurance is mandatory, no matter the down payment. Typically, lenders require PMI when less than 20% down is given.

And 56% of those polled said appraisals determine whether a home is in good condition, which is something an inspection does.

Nearly half of those surveyed said a prospective buyer  owns a home as soon as the contracts are signed, when in fact the purchase and sales agreements kicks off the closing phase, which can be lengthy.

"It’s great that buyers seem to have a fairly solid grasp of the home-buying process, but since this is one of the biggest financial decisions of most people’s lives, it’s even more important that they understand how that investment will appreciate after they sign the papers," Humphries said. "Over-estimation of the appreciation potential will lead many to buy real estate when the time in which they plan to live in the house may make renting a better strategy."

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Thursday, October 27th, 2011

Homebuilders are retooling, rightsizing and hoarding cash as they weather the country's prolonged housing slump. They've discovered new ways to get homes built during the downturn, like turning to private equity firms to provide project funding.

And they are innovating in other ways: adding technology, rethinking design, going green and investing more in market research to build a home that consumers will buy, builders said.

Jeff Mezger, CEO of KB Home (KBH: 9.75 +0.52%), said the Los Angeles-based builder, one of the largest in the nation, believes the worst is behind it. KB has taken $2.3 billion in impairments over the last five years, Mezger said, while speaking on a homebuilding panel at the annual Urban Land Institute conference under way in Los Angeles.

In the frothy days of the housing bubble, builders had no interest in partnering with land developers, but now, with millions of lots that banks need to unload, builders see the value of forming partnerships — and sharing in the profits — to get projects done, he said.

They've also used the downturn to work smarter, builders said.

Orleans Homes, a regional builder in the northeast and Midwest, had customers come in and review architectural plans and learned they didn't have it quite right on their countertop design, said George Casey, who was hired in March 2010 as Orleans emerged from bankruptcy. Casey told attendees that Orleans is using its second chance from bankruptcy to do things differently. That includes benchmarketing against industry leaders, upgrading technology, improving market research and finding operational efficiencies.

"We've had to become great stewards of capital. We need to think like investors," he said. "The truth is, we have to realize that cheap debt is gone. You have to make equity returns on what you are doing. That's not such a bad thing in this industry."

Others are using the downturn to become social media savvy and to improve their architectural designs.

Kathleen Cecilian, president of Cecilian Worldwide, a marketing and branding firm, talked about how her firm helped cabinetmaker RSI as it branched out into homebuilding. It quickly built market share with innovative marketing efforts — including advertisements on pizza boxes, a method of targeting renters that might be interested in the firm's affordable-priced homes.

Nine months after opening a community in Menifee, Calif., in Riverside County, one of the areas hardest hit by the foreclosure crisis, the firm had sold out its 103-lot development.

Several builders talked about retooling product lines to meet emerging needs, such as multigenerational living.

Walnut, Calif.-based regional builder Shea Homes is focusing its Spaces concept on the 25- to 40-year-old market, where it anticipates some of the strongest growth. The brand focuses on flexible and efficient interiors.

Despite the look inward and the efforts to retool, builders said they expect 2012 to be another tough year.

"People who are overleveraged are dead men walking," claimed Lawrence Webb, CEO of fledgling California builder The New Home Co., which began operations in 2009.

But none were convinced that America will become a renters' nation.

"Wait until those next year's rental rates come in," said KB's Mezger. "They'll realize homeownership is a great deal."

Write to Kerry Curry.

Follow her on Twitter @communicatorKLC.

Thursday, October 27th, 2011

A district judge sentenced two executives of the closed Orion Bank and a large investor to prison this week and ordered them to pay a $2 million fine for a scheme to secure millions in bailouts from the Troubled Asset Relief Program.

Thomas Hebble, former senior vice president of Orion received two and a half years in federal prison, and Angel Guerzon, another former senior vice president, received two years. Francesco Mileto, a former Orion Bank borrower, received five and a half years for his role in the scheme.

In October 2008, Orion Bank was denied its application for $64 million in TARP funds. The Office of the Special Inspector General for TARP, the FBI and several federal regulators uncovered the scheme that went on from May 2009 to November 2009.

That same month, the Florida Office of Financial Regulation closed Orion. The Federal Deposit Insurance Corp. requested $33 million in restitution from Hebble and Guerzon for their participation in the scheme. A hearing will be held to determine the amount of liability for them. The court ordered Mileto to pay a $65 million fine to the FDIC.

Hebble, Guerzon and Mileto financed the sale of notes secured by nonperforming mortgages to make it seem as though the loans were performing. Mileto also secured $82 million in loans, including a $26.5 million line of credit from Orion to buy the bank's own stock.

A bank applying for TARP relief had to show it was able to raise private investments as well.

SIGTARP and the U.S. Attorney for the middle district of Florida Robert O"Neill asserted the conspirators wrote the loans and made the investments knowing bank laws and regulations prohibited the bank from financing the purchase of its own stock.

From June 2009 to July 2009, Hebble and others increased loans to one unnamed Orion Bank depositor to $18 million in order to conceal $7 million in financing for the purchase of Orion stock as well.

Acting Special Inspector General for TARP Christy Romero said simply Hebble and Guerzon falsified the bank's books to hide Mileto's investment in the bank, which was only an illusion.

"They lied to regulators that the bank’s capital had improved, attempted to get $64 million in TARP funds to fill the hole that turned out to be fraud, and drove the bank into the ground," Romero said. "Fraudsters who tried to profit from TARP’s bailout during the financial crisis will meet swift justice by SIGTARP and its law enforcement partners."

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Thursday, October 27th, 2011

MetLife Inc. (MET: 35.015 +1.49%) reported Thursday a net income of $3.55 billion for the third quarter, up from $286 million last year.

Excluding certain items, the insurance company earned $1.18 billion for the quarter, up from $958 million a year ago and down slightly from $1.2 billion last quarter.

Earnings per share were $1.11 in the third quarter, a slight increase from last year's $1.08 per share.

MetLife reported $785 billion in total assets for the quarter, up from $617 billion in total assets a year ago. The insurance giant's total liabilities were $724 billion at Sept. 30, an increase from $570 billion a year earlier.

Earlier Thursday, the company reaffirmed its desire to sell its depository and mortgage origination businesses. MetLife held $62.9 billion in mortgages in the third quarter.

Write to Andrew Scoggin.

Follow him on Twitter @ascoggin.

Thursday, October 27th, 2011

A group of 33 senators sent President Obama a letter Thursday asking his administration and the Federal Housing Finance Agency to expedite pending plans for selling and renting previously foreclosed homes held by the government.

Sens. Jack Reed (D-R.I.), Bob Menendez (D-N.J.) and banking committee chair Tim Johnson (D-S.D.) led the letter.

"We urge you to analyze, quickly and diligently, the input you have received so that all REO properties under your control may be best managed to produce the most value for Fannie Mae, Freddie Mac, and FHA," the senators wrote. "As part of this analysis, we ask that you also keep in mind the importance of looking for the most effective ways to stabilize neighborhoods and housing values."

In August, the White House sent a request for information from the housing industry, looking for new strategies to help these agencies better manage the supply of more than 90,000 REO homes currently on the market.

Along with the plan to boost refinancing for underwater borrowers, the Obama administration is looking for local ways to alleviate this influx of inventory.

The size of the Fannie Mae foreclosure inventory alone grew to 162,489 in 2010 from 25,125 three years earlier.

Even more troubling are the 10.4 million mortgages set to default, according Amherst Securities analyst Laurie Goodman.

The senators asked for a deadline to review the RFI submissions and if there are any strategies surfacing at the moment. They also asked what the next step would be.

"Foreclosures have taken a heavy toll on too many Americans," the senators wrote.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Thursday, October 27th, 2011

Donald Bren, chairman of the Irvine Co., received the inaugural Vanguard Award Thursday from the Urban Land Institute in honor of his 45 years of visionary leadership in land use and development.

Bren received the award during the ULI's annual conference under way in Los Angeles where he was interviewed by Stan Ross, chairman of Irvine's board and a senior fellow at the University of Southern California Lusk Center for Real Estate.

The Irvine Ranch is heralded for setting the standards as one of the nation's first and most extensive masterplanned communities. It's one that has enjoyed continued success through the years.

The 93,000-acre ranch, which includes the city of Irvine, Calif., includes more than 50,000 acres of open space and parkland. It has been designated a landmark by the U.S. Department of the Interior and is widely admired for its safe communities, strong employment centers, good schools, parks and timeless architecture.

Irvine Ranch has been successful in ways that other large-scale developments have not due, in part, to its location and the financial backing of the Irvine Co., Bren said, during his conversation with Ross.

"There was no mortgage financing on the land," he said. "Time was our friend, it was not our enemy." The 147-year-old Irvine Co., a privately held firm, had no pressure to act quickly, unlike publicly traded developers using acquisition funding and dealing with quarterly dividends.

The strategy in those early days was simple, he said, and involved investing cash generated through orange groves, cattle grazing and farming into the project.

"I'm convinced that large-scale community development has to be done in a private environment, meaning there are no quarterly dividends required," he said.

Location has also been key to the ranch's success, Bren said. Situated between two vibrant metro areas, Los Angeles and San Diego, the large expanse has ocean-side views on the west and mountain vistas on the east.

It hasn't always been easy to develop the property, however, Bren noted, retelling the company's 28-year regulatory battle with a Southern California coastal authority to build two golf courses overlooking the ocean. The courses eventually got built.

The ranch, now home to 230,000 residents, still has another 20 or so years of development before build-out.

In accepting the award, Bren said he hopes Irvine Ranch will be known and celebrated as much for its undeveloped and preserved land as for its built environment.

"I'm hopeful that the heritage of our Irvine stewardship will live on in many new ways," he said.

Write to Kerry Curry.

Follow her on Twitter @communicatorKLC.

Thursday, October 27th, 2011

Freddie Mac CEO Ed Haldeman is not leaving the government-sponsored enterprise immediately, despite announcing his resignation.

Furthermore, he still holds clear ideas on how to fix mortgage finance and advises how to go about it.

To be sure, politicians will ultimately decide the fate of Fannie Mae and Freddie Mac. But in a speech to the CEO Club of Boston on Wednesday, Haldeman laid out six ways vital and safe financing can be provided in mortgage markets.

He began the list by providing support for a securitization market funded in a much larger part by private investors. It is essential for private money to take the place of public funding for a sustainable housing recovery, Haldeman said.

He rejected the notion that the 30-year mortgage needs to be ditched. In fact, he supports keeping the traditional home loan and offering many others. He added that both borrowers and lenders rely upon sustainable mortgage products that cater to the individual needs of specific cities and communities.

Haldeman advocates for a transparent secondary mortgage market equipped with a variety of securitization offerings and issuers.

"Lenders of all types and sizes should have equal access to the secondary market," he said. "That way, market power is not concentrated in a few institutions, and consumers benefit from an abundance and diversity of choices."

Furthermore, the Freddie CEO cautions that quality change takes time, and the urge to rush should be tempered.

"Once policy decisions are made, the transition to a new structure must be gradual and carefully monitored," Haldeman said. "Shifting, complex interactions of market factors must not unduly harm investors or cut off further investment."

Write to Jacob Gaffney.

Follow him on Twitter @jacobgaffney.

Thursday, October 27th, 2011

Rep. Scott Garrett (R-N.J.) proposed his idea of a future mortgage market Thursday, one with new underwriting standards and transparency but without Fannie Mae, Freddie Mac or the upcoming risk-retention rule.

"My proposal to reform the secondary mortgage market will facilitate continued standardization and uniformity, ensure rule of law and legal certainty, and provide investors with the standardization and transparency necessary to ensure that a deep and liquid market develops in the absence of Fannie and Freddie," Garrett said.

The government-sponsored enterprises currently owe the Treasury Department $142 billion in bailouts, and could require another $124 billion before 2014 after subtracting the quarterly dividend payments made. However, many within the mortgage industry continue to call for some government support to keep costs down and availability up.

When asked on CNBC Thursday about his hopes of getting the plan through a gridlocked Congress, Garrett said he was "optimistic."

Garrett broke out his proposal under three sections. The first would direct the Federal Housing Finance Agency to develop a series of uniform underwriting standards for different loan categories. Representation and warranty contracts, those designed to force lenders to buyback faulty mortgages should they default, will be uniform.

The proposal also sets a mandatory arbitration between the investor and the issuer of a mortgage-backed security in representation and warranty cases.

The bill introduced would also abolish the risk-retention provision under the Dodd-Frank Act. Federal regulators are still working on the joint rule, which as proposed would force lenders to maintain the credit risk on all mortgages except those with a 20% down payment among other requirements. The comment period ended in August.

The second section under the Garrett proposal would remove conflicts of interest between servicers and investors and clarify the rules of how borrowers can obtain second leins. Servicers would also receive a standardized set of rules when account and reporting for modifications and other workouts.

The final section of the proposal is mean to provide investors in the mortgage market more transparency on data. Without a government backstop, potential MBS investors have said this would be critical in order to properly fund the market to meet U.S. housing demand.

The Garrett proposal requires an increase in amount of loan-level information and disclosures to investors. It would also set longer timelines investors would have before making decisions. Issuers would also be forced to disclose pricing history on securitization deals.

And, each loan with a securitization would be given an individualized marker to track it along the secondary market.

"Most, if not all, of my colleagues, Republican and Democrats alike, recognize the status quo is unsustainable. The government-sanctioned duopoly of Fannie and Freddie is not only systemically dangerous to our economic security, it's un-American," Garrett said.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Thursday, October 27th, 2011

Delaware Attorney General Beau Biden filed suit against Merscorp Inc. and its Mortgage Electronic Registration Systems, claiming the company obscures data from borrowers making it difficult for them to save troubled loans.

Biden specifically accused MERS of violating Delaware's Deceptive Trade Practices Act.

The AG's complaint suggests the construction of MERS as the recording system for securitized mortgages is confusing to borrowers, making it difficult for distressed homeowners to find the appropriate contact when attempting to save a loan.

Biden echoed the sentiments of plaintiff attorneys by claiming MERS foreclosed in its own name, while lacking authority to do so. The complaint highlights 12 aspects of MERS that the AG sees as a violation of the state law.

MERS said its business model is "straightforward and transparent."

"There is no merit to the Delaware attorney general's allegation of deceptive practices, and we refute claims that use of the MERS system caused confusion to borrowers or any other participants in the mortgage finance system," according to Janis Smith, MERS spokeswoman.

She said homeowners have free access to loan servicer information on the MERS system, and the company's website also provides access to mortgage counseling and foreclosure prevention organizations.

"The borrower's customer relationship is with the servicer, and not with MERS, and federal laws require the servicer to disclose all changes in ownership to borrowers," Smith said.

Biden further alleged that "MERS is effectively a front organization that has created a systemically important mortgage registry but fails to properly oversee that registry or enforce its own rules on the members that participate in the registry."

Biden claims the MERS network of 20,000 deputized non-employee corporate officers is insufficient to handle mortgage-related issues, creating a situation that contributed to robo-signing and other foreclosure issues.

Earlier this week, two Texas counties said they are contemplating lawsuits against MERS for an alleged failure to pay mortgage assignment recording fees to local clerks' offices.

Write to Kerri Panchuk.



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