Archive for November, 2011
The Michigan Supreme Court reversed an earlier court of appeals ruling that found the Mortgage Electronic Registration Systems did not hold the right to foreclose.
Chief Justice Robert Young Jr. and three other judges wrote that the electronic mortgage database is a valid record holder in Residential Funding Corp. v. Saurman/Bank of New York v. Messner.
"MERS owned a security lien on the properties, the continued existence of which was contingent upon the satisfaction of the indebtedness…(and) this interest in the indebtedness authorized MERS to foreclose by advertisement," said the justices in their opinion. "[T]he court of appeals’ conclusion to the contrary is inconsistent with established legal principles governing Michigan’s real property law, and specifically foreclosure by advertisement."
A copy of the four-to-three decision is available by clicking here.
It is not the only litigation MERS faces in the state. On Tuesday, two Michigan counties filed suit against MERS alleging the electronic registry avoided paying county recording fees when transferring property deeds in the past decade.
Curtis Hertel Jr., the Ingham County Register of Deeds in the city of Lansing which is one of those two plaintiffs, responded that he felt the justice are acting on the part of special interests and not on behalf of the citizens.
He calls the Supreme Court decision an "embarrassment."
"MERS created a shadow registry system that makes it impossible for individual citizens and their government officials to track who owns a mortgage," he added. "At the Michigan Chambers request, they now have the right to masquerade as a bank and take a citizen’s home."
Bill Beckmann, the CEO of parent-company Merscorp, said the ruling is one that will put the Michigan real estate industry "back to business as usual."
"This will allow homeowners to resolve title issues and buyers to move forward with the purchase of foreclosed properties, which is good for neighborhood stability," said Beckmann, Merscorp’s president and CEO. "The Saurman ruling caused considerable confusion, delayed property transactions and triggered unnecessary litigation."
Write to Jacob Gaffney.
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Tags: MERS, Michigan, right to foreclose, Supreme Court
Posted in Servicing/Default, Top Stories | No Comments »
A federal investigation netted and shut down 85 alleged online scams falsely offering mortgage modifications for a fee, according to a release Wednesday from the Special Inspector General for the Troubled Asset Relief Program.
The online ads claimed to lower mortgage interest rates and monthly payments through the Home Affordable Modification Program. SIGTARP sent the list of websites to Google (GOOG: 574.82 +1.18%), which then suspended relationships with more than 500 advertisers and agents associated with the websites.
Most of the websites told homeowners to stop paying their mortgage and end contact with their lender, and instead pay a fee to the website.
"The first place many homeowners turn for help in lowering their mortgage is the Internet," said Christy Romero, deputy special inspector general for TARP. "Web ads that offer a false sense of hope may not be legitimate and can end up costing homeowners their home."
Other alleged schemes also diverted mortgage payments to scammers, transferred property deeds or disclosed private financial information.
Some websites operated under the guise of the federal government, according to the release.
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Tags: Christy Romero, HAMP, Home Affordable Modification Program, mortgage fraud, Office of the Special Inspector General for the Troubled Asset Relief Program, SIGTARP, TARP, Troubled Asset Relief Program
Posted in Servicing/Default, Top Stories | No Comments »
Business analytics provider CoreLogic (CLGX: 14.56 +0.62%) introduced a new set of services designed specifically to address the anticipated increase in mortgage refinance activity from revisions to the Home Affordable Refinance Program.
Fannie Mae and Freddie Mac released specific guidance Tuesday on how mortgage servicers and lenders will implement changes for HARP 2.0, which aims to help more underwater borrowers move into lower-rate loans.
The CoreLogic HARP 2.0 services will identify qualified borrowers to enhance loan originations and fulfill underwriting requirements. CoreLogic will supply HARP-specific teams as part of the service.
The company said the service will help lenders determine how much of volume they are likely to see because of HARP 2.0, which will allow them to strategically approach the potential demand increase, CoreLogic said.
"Over the past few years, mortgage companies have really been fighting a battle on two fronts. On one front, origination volumes have been down as the economy struggles to rebound," said Scott Brinkley, senior vice president of outsourcing and technology solutions for CoreLogic.
The largest four banks combined wrote $175.4 billion in new mortgages during the three months ended Sept. 30., down 24% from what the lenders wrote a year earlier.
"On the other front, servicers continue to wrestle with the complex elements associated with enhanced regulatory oversight and related compliance issues in the default space," Brinkley added. "The combination of these two realities has created operational strain on many organizations."
Write to Justin T. Hilley.
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Tags: CoreLogic, Fannie Mae, freddie mac, GSE, HARP, HARP 2.0, Home Affordable Refina, mortgage, originations, refinance, Refinancing
Posted in Secondary Market/Investors, Top Stories | No Comments »
Recent changes to the Home Affordable Refinance Program are in line with mortgage market expectations, analysts at Keefe, Bruyette & Woods said.
Fannie Mae and Freddie Mac provided details Tuesday on their expansion of HARP.
The primary changes relate to removing the 125% loan-to-value cap, reduction of loan level pricing adjustments and representation & warranty waivers.
However, the 105% maximum LTV limit for adjustable-rate mortgages will remain.
Real estate investment trusts investing in Fannie and Freddie mortgage-backed securities with hybrid adjustable-rate mortgage portfolios will not be impacted by HARP because hybrid ARM borrowers with LTVs more than 105% will continue to face obstacles in using the program, KBW analysts said.
They also said the Federal Housing Finance Agency's estimate of less than 1 million loans worth roughly $150 billion to $175 billion by the end of 2013 is reasonable for HARP 2.0.
"While this could increase HARP volume by 10% a year in 2012 and 2013, the dollar amounts are moderate so the impact on agency MBS holders should be limited," according to the KBW analysts.
Loan level pricing adjustments are currently capped at 2%. With the new HARP changes, these fees will be reduced to zero for fixed-rate mortgages with amortization of less than or equal to 20 years, and 75 basis points for ARMs and FRMs over 20 years.
For a 30-year, fixed-rate mortgage borrower refinances into the same loan, the decline would be 75 bps, which equates to about 15 bps annually.
Freddie and Fannie mortgages with LTVs less than 80% will, in many cases, face more frictions to refinance than those higher than that ratio. This will be more true of Freddie than Fannie, said analysts from Amherst Securities Group.
In Fannie's case, they say, the loan level pricing adjustments could be higher on the non-HARP refis.
And in Freddie's, the LLPAs could be higher on the non-HARP refis with no relief on the old reps and warrants.
For Freddie borrowers with LTVs above 80, certain rep and warrant requirements will be waived for same-servicer refis. The waivers are broader for Fannie Mae and apply to originators who use Desktop Underwriter Refi Plus. Originators under HARP are relieved of any of the reps and warrants of the original loan and only need to rep to a few items such as a lack of fraud.
Mortgage volumes increased in the third quarter, driven by increased refinancing activity as rates fell. Healthy gain-on-sale margins in the quarter were driven by increased loan demand and industry capacity constraints.
Strong mortgage banking income for many financial institutions during the quarter was partially offset by elevated rep and warranty costs, which KBW analysts expect to continue, driven by agency repurchase requests. Falling interest rates also led to declines in the value of mortgage servicing rights, but most companies were able to offset this through gains on investment hedges.
Mortgage banking activity expanded 35% in the third quarter.
Write to Justin T. Hilley.
Follow him on Twitter @JustinHilley.
Tags: Amherst, Bruyette & Woods, Fannie Mae, Federal Housing Finance Agency, FHFA, freddie mac, HARP, HTLTV, KBW, Keefe, loan-to-value, LTV, mortgage banking, Mortgage Volumes, repurchase, TLTV
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Sales of high-end homes in the San Francisco Bay area fell significantly in October as lower conforming loan limits kicked in at Fannie Mae and Freddie Mac, DataQuick said Wednesday.
In October, 6,444 homes and condos sold in the Bay Area, down 4.5% from 6,749 in September but up 5.3% from October of last year.
When looking at the number of homes sold in the $500,000 or more market, sales fell 20% from a year earlier.
"We’ve been watching the real estate market take itty-bitty baby steps in the direction of normalcy, but that trend paused last month. ARM and jumbo loan usage went back down, cash and investor sales went back up as a portion of the market. This may well be a short-term pause while the market recalibrates changes in loan thresholds. We’ll know more in a few months," said John Walsh, president of DataQuick.
The conforming loan limit — or the max for how much mortgage the government-sponsored enterprises can insure — fell back to $625,500 from $729,750 on Oct. 1. Since then, lawmakers have been trying to reinstall the higher conforming loan limits.
Congress took another step toward extending the conforming loan limits for the Federal Housing Administration on Tuesday but not for Fannie Mae and Freddie Mac.
In the Bay Area, the median sales price on all home and condos hit $350,000, down 4.1% from $365,000 in September and 8.6% from $383,000 in October 2010.
In October, the sale of distressed properties made up 45.4% of the Bay Area resale market. That is consistent with September and down from 46.5% a year ago.
Write to Kerri Panchuk.
Tags: adjustable-rate mortgage, ARM, conforming loan limits, DataQuick, Fannie Mae, freddie mac, GSEs
Posted in Origination/Lending, Top Stories | No Comments »
John Walsh, acting chief executive of the Office of the Comptroller of the Currency, said updating and implementing Basel Committee on Banking Supervision capital requirements for banks are a top concern, but that Dodd-Frank regulations convolute matters.
He spoke before the Special Seminar on International Finance Wednesday in Tokyo and addressed changes proposed for the global financial system in the wake of the financial crisis.
Walsh also mentioned the Basel committee's development of a suitable liquidity framework to help maintain short-term and long-term bank stability. This will focus on two aspects: Liquidity Coverage Ratio reflecting shorter-term aspects of liquidity and net stable funding ratio reflecting longer-term aspects.
The LCR requires a bank to hold sufficient high-quality liquid assets to cover its total net cash flows over 30 days. The NSFR requires the available amount of stable funding to exceed the required amount of stable funding over a one-year period of extended stress.
"The draft framework has been found wanting, and efforts to refine it are continuing," Walsh said. "But its importance is beyond question, and the committee’s liquidity initiatives reflect broad agreement that liquidity is a first-order concern for financial firms."
However, in June, JPMorgan Chase (JPM: 37.235 -0.68%) Chief Risk Officer Barry Zubrow testified before Congress detailing the excessive amounts of cash upcoming Basel III requirements will keep in the vaults of major banks.
The U.S. is making little progress with Basel III phase-in, due to begin Jan. 1, 2013, in that draft regulations are not even available. Large financial institutions were scheduled to start the process in 2011.
In a race to adopt financial reform under the Dodd-Frank Act, big banks have placed Basel III implementation on the sidelines, it appears. The EU, on the other hand, published draft regulation as planned on July 20, 2011.
Walsh noted that the U.S. faces the Dodd-Frank Act as an additional complication to adopting Basel rules.
"Dodd-Frank added additional capital and liquidity requirements that align reasonably, but not precisely, with the various Basel agreements," he said.
The requirements include heightened standards for all banks with more than $50 billion in assets, floors under risk-based capital requirements and elimination of the use of external credit ratings from financial regulations.
The OCC is one of the three federal banking regulators in the U.S., along with the Federal Reserve and Federal Deposit Insurance Corporation. It regulates about 2,000 banks and thrifts institutions at the federal level, accounting for 70% of the $13.6 trillion in total banking and thrift assets in the country.
The Basel Committee put forward a variety of proposed enhancements for the capital treatment of risks that were prominent during the financial crisis. Most recently, it's been establishing methods to assess the systemic importance of banks, together with a system of capital requirements that would lead the most systemically important banks – the globally systemically important banks, or G-SIBs – to hold significantly more capital than other banks.
Prior to the financial crisis, the Basel Committee developed the framework for capital adequacy requirements known as Basel II. While many countries were in the process of implementing Basel II, but it had not yet taken effect in the United States. regulators and the industry were not doing enough to ensure adequate liquidity under conditions of stress at the time, Walsh said.
Problems at a number of major financial institutions in the depths of the crisis revealed significant deficiencies of bank capital and liquidity.
"It is hard to argue (Basel) was the source of these problems, but given the depth of those problems, it was essential for the Basel committee to undertake a fairly broad reconsideration of the capital framework, and to try to identify aspects that might warrant improvement in view of the lessons learned during the financial crisis," Walsh said.
The U.S. is continuing to implement Basel II in its largest banks, and is working on rules to address Basel III, as well as some of the earlier enhancements known as Basel 2.5 dealing with trading activities and securitization.
"Interweaving all these national and international requirements, and meeting our statutory mandates and our commitments in Basel, will be the challenge of the next six to 12 months," Walsh said.
Write to Justin T. Hilley.
Follow him on Twitter @JustinHilley.
Tags: Basel, Basel Committee, Congress, Dodd-Frank, FDIC, Federal Deposit Insurance Corporation, Federal Reserve, financial crisis, JPM, JPMorgan Chase, Liquidity Coverage Ratio, Net Stable Funding ratio, Office of the Comptroller of the Currency
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Rep. Darrell Issa, R-Calif., will begin working with the Federal Housing Finance Agency to determine which states have the slowest foreclosure processes and possibly begin withholding funds from these locales unless changes are made.
Toward the end of a House committee hearing Wednesday over bonuses paid to Fannie Mae and Freddie Mac executives, questioning eventually shifted to why the government-sponsored enterprises were losing so much money when their top employees were being paid so much.
FHFA Acting Director Edward DeMarco, who approved the payouts, explained the GSEs continue to fight losses from mortgages written between 2005 and 2007. One of his frustrations is with the extended amount of time many homes linger in the foreclosure backlog.
Fannie and Freddie fine mortgage servicers that do not complete a foreclosure within mandated timelines. Bank of America (BAC: 7.2299 -0.96%), the largest GSE servicer, paid $1.3 billion for these delays so far in 2011.
"We are foreclosing on properties that have had no payments for two, three years or more. It's damaging the taxpayer because we have to maintain these properties for so long and it's damaging to our communities," DeMarco said.
Issa decided he would help.
As chairman of the House Committee on Oversight and Government Accountability, he has the power to shape issues and policies regarding the interaction between state and federal governments.
He asked DeMarco to provide him a list of states where the extended foreclosure timelines were directly affecting Fannie and Freddie losses.
"We're open to making the changes necessary to help," Issa said. "I would hope that you would really look and give to us where the problems are."
"This would be something that we would do," DeMarco said.
According to RealtyTrac, New York foreclosures completed in the third quarter spent the longest time in the process at an average 986 days, followed by 974 days in New Jersey and 749 days in Florida.
By contrast, the shortest timelines occurred in Texas at 86 days, followed by 94 in Kentucky and 102 in Virginia, RealtyTrac data show. In the third quarter of 2007, Texas foreclosures spent 54 days in the process.
Four of the states with the longest timelines, according to RealtyTrac, received more than $2.3 billion of the $7.6 billion the Treasury Department sent through its Hardest Hit Fund to develop foreclosure prevention programs.
Florida received $1 billion, followed by $570 million in Ohio, New Jersey with $300.5 million, and Illinois with $445 million.
California, Issa's constituency, actually received the most, nearly $2 billion, but DeMarco said the state is actually one of the quickest foreclosure processors in the U.S.
While these states have been overloaded with filings during a time when cramped budgets keep local courthouses from hiring new staff, the fault is not entirely their own. Servicers and foreclosure attorneys last year were found to be filing fraudulent documents en masse in order to speed up the process. Instead, foreclosures came to a halt in many states, especially Florida.
Regardless, DeMarco repeatedly asked Congress to stop skirting the issue and get to work developing a transition for the secondary market. He was then asked repeatedly when Fannie and Freddie would repay the $151.7 billion they still owe in dividends to the Treasury.
"I don't believe either company will be able to pay back the funds," DeMarco said, a point he has labored before. "Unless we keep this conservatorship going for my children and beyond, then no."
Write to Jon Prior.
Follow him on Twitter @JonAPrior.
Tags: attorneys, bonuses, California, committee, Fannie Mae, FHFA, forelcosure, freddie mac, GSE, House, Issa, New Jersey, New York, RealtyTrac, Republicans, Treasury
Posted in Servicing/Default, Top Stories | 1 Comment »
Leaders in the community bank space encouraged lawmakers during a House Financial Services hearing Wednesday to support the Communities First Act, or H.R. 1697, to derail cumbersome regulations that they say are tripping up community banks.
One of the issues having a disparate impact on community banks is the push for forced escrow accounts on loans issued by smaller banks.
"While escrow accounts make good sense in many cases in order to protect collateral value, they are simply impractical for many low-volume lenders who don't have resources to perform this function in house and for whom outsourcing would be prohibitively expensive," said Salvatore Marranca, president and CEO of Cattaraugus County Bank. Salvatore made his statements before the House Financial Services Committee on behalf of the Independent Community Bankers of America.
"Current law requires creditors to establish escrow accounts for the collection of taxes and insurance in connection with higher-priced mortgage loans," Marranca told the committee. "The Dodd-Frank Act lengthened the period during which such accounts must be maintained."
Marranca views the account requirement as particularly harsh when its applied against community banks.
"Given the low-profit margins of mortgage lending, an escrow requirement could tip a community bank's decision against remaining in this line of business," he explained.
The Communities First Act also would make call reports less burdensome for smaller banks. Call reports are documents banks have to produce for banking regulators each quarter to assess the bank's soundness. But producing a call report is time consuming, with the average report running 70 pages. The act would lesson this burden for community banks, allowing smaller firms to produce less cumbersome reports for at least two nonconsecutive quarters during the 12-month period, according to Marranca.
The act also aims to eliminate the need for banks to send annual privacy policy reports to customers when no change in the bank's privacy policies has occurred. And it requires all federal government agencies to reimburse banks for any record requests made for enforcement purposes.
Arthur Wilmarth, professor of law at George Washington University Law School, testified in front of the committee, saying the financial crisis and new regulations have weighed heavily on community banks, yet the too-big-to-fail banks that caused the crisis are benefiting from the changes in the competitive marketplace.
"The 19 largest U.S. banks each with more than $100 billion of assets received $220 billion of capital assistance from the Troubled Asset Relief Program, and those banks issued $235 billion of FDIC-guaranteed, low-interest debt," Wilmarth said.
"In contrast, banks with assets under $100 billion received only $41 billion of TARP capital assistance and issued only $11 billion of FDIC-guaranteed debt," he explained.
Wilmarth pointed out to the panel that federal regulators gave "white glove treatment" to the 19, ensuring their survival, while community banks ended up facing public enforcement sanctions and hundreds of bank failures.
Wilmarth said of the 350 FDIC-insured depository institutions that failed in the past three years, only one — Washington Mutual — had more than $50 billion in assets.
Write to Kerri Panchuk.
Tags: Communities First Act, community banks, Dodd-Frank, FDIC, George Washington University Law School, House Financial Services Committee, ICBA, Independent Community Bankers of America, mortgage, TARP, Troubled Asset Relief Program
Posted in Origination/Lending, Top Stories | No Comments »
Real estate investment company C-III Capital Partners has acquired two multifamily property management businesses: Carrollton, Texas-based U.S. Residential Group and Pacific West Management out of Irvine, Calif.
The two firms will operate under the name U.S. Residential Group with their current management teams remaining in place.
Together, the combined unit will manage 24,000 multifamily units in 12 states.
"The USRG and PWM acquisitions represent C-III’s next step in creating a fully diversified commercial real estate services company,” said Andrew Farkas, CEO of C-III.
Three months ago, C-III acquired JER Partners special servicing and CDO management businesses.
The company also inked a deal to buy NAI Global, a network of independent commercial property services firms, last summer. That deal is still waiting to close, the company said.
Write to Kerri Panchuk.
Tags: C-III Capital Partners, JER Partners, multifamily property management businesses, NAI Global, Pacific West Management, U.S. Residential Group
Posted in Secondary Market/Investors, Top Stories | 1 Comment »
The leaders of Fannie Mae, Freddie Mac and their chief regulator faced lawmakers Wednesday to defend millions of dollars in bonuses and compensation paid to them and other top executives.
Fannie CEO Michael Williams, Freddie CEO Charles "Ed" Haldeman and Federal Housing Finance Agency Acting Director Edward DeMarco sat in a row before the House Oversight and Government Reform Committee. They stared grimly and were often asked to speak up in defense of a paradox difficult for millions of Americans still facing foreclosure to understand.
The companies have pulled more than $180 billion in bailouts from the Treasury Department since the federal conservatorship began in 2008 and still owe back $151.7 billion in dividends.
The top 10 executives at Fannie and Freddie made nearly $13 million in performance bonuses in 2010. Williams and Haldeman each made roughly $2.3 million in bonuses, according to financial filings made almost one year ago.
Haldeman, who recently announced he was leaving his post within a year, was the more animated of the three.
"I understand the outrage," he said in his prepared testimony and then later explained how difficult it was to reconcile the issue. "We had a $900 billion investment portfolio when I started. We've reduced that down to roughly $688 billion. What I worry about is that if one person makes a 1% mistake that costs the taxpayers $6.8 billion. The people required to effectively manage that portfolio and not make mistakes are highly skilled, highly seasoned, who can take other higher paying jobs and we need those people at Freddie Mac. That's the dilemma."
Williams said he lost five senior vice presidents in the past three years to higher paying jobs at other financial institutions.
"These are challenging jobs and challenging circumstances, and we need people to do these jobs," Williams said.
The House Financial Services Committee had a solution of its own. On Tuesday, the powerful committee passed a bill almost unanimously to cut payment to Fannie and Freddie employees to the same level as federal regulators. Under the bill, Haldeman and Williams would have made slightly less than $300,000 last year.
Rep. Tim Walberg, R-Mich., pushed DeMarco repeatedly on what sort of performance the bonuses reflect when the two companies continue to hemorrhage billions in losses every quarter. DeMarco, who approved the bonuses and took the brunt of the grilling Wednesday, pushed back against the bill during the exchange with Walberg.
"I oppose it simply for the matter that enacting this is going to result in the taxpayer losses going up not going down," DeMarco said. "That's it put simply."
Even DeMarco's pay of a little more than $250,000 as a regulator was called into question. Committee Chair Darrell Issa, R-Calif., asked him if he was satisfied with his own compensation given the fact that he could take his expertise elsewhere for much more.
"I'm still here," DeMarco said.
All three repeatedly said executive pay at Fannie and Freddie has been cut in half since the companies entered conservatorship three years ago. They also said the current executives were not there when the brunt of the problem loans were originated between 2005 and 2007.
Rep. Dennis Kucinich, D-Ohio, wasn't buying it.
"In listening to the testimony, my concern is that there may not be enough sympathy for those who are losing their homes," he said. "If there is a gap with tremendous pay being given to those at the top, and we're not seeing enough sympathy, that may mean that you are just too far removed."
DeMarco pointed the blame right back as he did Tuesday before the Senate Banking Committee.
"I appreciate how difficult this is," DeMarco said. "Clearly, we are all frustrated with the condition of the housing market and the economy. We are committed to keep Fannie an Freddie active to make sure there is liquidity in the mortgage market, to assist with troubled mortgages and to ensure that the $5 trillion in mortgages they hold in their investments is being managed by competent and qualified professionals.
"It is not our goal to keep this going and I really would urge Congress to move forward with a transition for the secondary market, which would end this compensation issue and their conservatorship."
The retort from Rep. Patrick McHenry, R-N.C., represented what many Americans are so frustrated with in Washington when it comes to problems still lingering in housing: Policymakers' insistence on passing the responsibility of difficult decisions to someone else.
"I would hope the FHFA works with the president on the future of housing finance," McHenry said.
Write to Jon Prior.
Follow him on Twitter @JonAPrior.
Tags: America, bonsues, CEO, committee, Congress, conservatorship, DeMarco, Fannie Mae, FHFA, filing, freddie mac, haldeman, House Oversight and Government Reform Committee, housing, Senate banking committee, Treasury Department, Williams
Posted in Secondary Market/Investors, Slider, Top Stories | 8 Comments »












