Archive for November, 2011
Two Michigan counties filed suit against Mortgage Electronic Registration Systems alleging the electronic registry avoided paying county recording fees when transferring property deeds in the past decade.
The suit was filed in the 30th Circuit Court by Ingham County Register of Deeds Curtis Hertel Jr. and Branch County Register of Deeds Nancy Hutchins. The counties are in central Michigan and include the Lansing area. MERS said it just received the complaint, and the organization is reviewing the claims.
The lawsuit seeks class-action status, and Hertel and Hutchins say other Michigan counties have the option to join the complaint.
"It’s time for this nonsense to stop," Hutchins said. "These organizations need to step up to the plate, pay the transfer tax that is due and stop claiming exemptions that by law they are not entitled to."
"MERS has transformed the entire mortgage industry into a giant shell game," according to Hertel.
The Michigan counties follow several Texas counties — Dallas, Hidalgo, Bexar and Harris — that have either filed a lawsuit against MERS over county recording fee or are in the process of investigating as much.
Dallas County District Attorney Craig Watkins recently said his county is transforming its complaint against Merscorp Inc. into a class-action lawsuit so neighboring Texas counties can sign on as plaintiffs.
Write to Kerri Panchuk.
Tags: Branch County Register of Deeds, county recording fees, Ingham County Register of Deeds, MERS, Mortgage Electronic Registration Systems
Posted in Servicing/Default, Top Stories | 2 Comments »
Homesteps, the real estate sales unit of Freddie Mac, launched a sales promotion Tuesday for its inventory of foreclosed homes in select states.
Under the HomeSteps Winter Sales Promotion, HomeSteps will pay up to 3% of the final sales price towards the buyer's closing costs and a $1,000 selling agent bonus for initial offers received between Nov. 15 and Jan. 31, 2012. Escrow must be closed on or before March 15, 2012.
The promotion arrives in a year in which Freddie Mac has sold more homes than it foreclosed. The GSE sold a record number of real estate owned properties in 2011 at 94% of market value and accounted for 4.4% of the nation's inventory of foreclosed properties as of Sept. 30.
The offer is valid only on HomeSteps homes sold to owner-occupant buyers, who make up 70% of Freddie sales.
It is available on HomeSteps sales in 28 states and the District of Columbia. Click on image below:
Write to: Justin T. Hilley.
Follow him on Twitter @JustinHilley.
Tags: foreclosure, freddie mac, GSE, HomeSteps, HomeSteps Winter Sales Promotion, inventory, Promotion, Santa Claus
Posted in Secondary Market/Investors, Top Stories | 3 Comments »
Until Congress provides a road map for the dissolution of Fannie Mae and Freddie Mac, the Federal Housing Finance Agency has a duty to hire and compensate skilled executives to ensure the government-sponsered enterprises are functioning in conservatorship, FHFA leader Ed DeMarco told a Senate Banking Committee Tuesday.
DeMarco defended the distribution of $13 million in bonuses to 10 employees of Fannie and Freddie, telling the panel that "the executives most responsible for the poor decisions that led to conservatorship and the current losses (at the GSEs) are long gone."
During the hearing, DeMarco said no one at the FHFA expected the conservatorship to last more than two years, which means the agency is still swamped with demands to conserve taxpayers funds, stabilize housing and oversee trillions of dollars worth of home loans.
In a letter to lawmakers earlier this month, DeMarco said current pay levels at the GSEs are already down 40% from previous levels, and he believes executive pay is consistent with parameters set forth by the Treasury Department.
When questioned by lawmakers Tuesday, DeMarco said the "best action is to move forward and dissolve the conservatorship."
However, until Congress provides a clear plan that describes where the housing giants and the mortgage finance market is heading post-crisis, the FHFA as conservator of the GSEs "needs to ensure the enterprises have people with the skills to manage" $5 trillion of mortgage assets.
Sen. Bob Corker, R-Tenn., sympathized with DeMarco's plight, suggesting Congress has left the FHFA in a state of limbo when it comes to overseeing the mortgage firms.
"We have given you no clarity as to the future of these organizations?" Sen. Corker asked. DeMarco answered, "Not a whole lot of clarity, Senator."
"So Congress hasn't done it's job telling you what it would like these agencies to be?" Corker said.
DeMarco answered, "That is the case. It is difficult for the CEOs and boards."
Corker, who recently proposed a plan to reduce the percentage of newly issued mortgage-backed securities by Fannie Mae and Freddie Mac every year for a decade, asked DeMarco if a 10-year plan to move away from a government-backed mortgage finance market is reasonable.
"It depends on how much legal certainty is in place (and) what private capital engagement in the mortgage marketplace would look like," DeMarco said. "We would have to make meaningful progress to succeed without a major disruption in the mortgage marketplace."
However, DeMarco said a decade seems like a gradual enough time to accommodate a transition away from a GSE-dominated mortgage finance system.
Write to Kerri Panchuk.
Tags: ed demarco, Edward DeMarco, Fannie Mae, Federal Housing Finance Agency, FHFA, freddie mac, mortgage, mortgage-backed securities, Senate Banking, Senate banking committee, Treasury
Posted in Secondary Market/Investors, Top Stories | 3 Comments »
Minnesota foreclosures fell 32% in the third quarter, a significant decline from 7,254 a year ago according to a report Tuesday from HousingLink.
There were 4,935 foreclosures statewide in the third quarter, making it four straight quarters Minnesota of totals less than 6,000.
Foreclosures in the Twin Cities metro area plunged 35.6% from a year ago, a greater drop than the 25.6% decline in the rest of the state.
Still, Hennepin and Ramsey counties, which contain Minneapolis and St. Paul, had the most foreclosures in the state at 1,149 and 467 respectively.
A CoreLogic (CLGX: 14.56 +0.62%) report last week said Minnesota home prices fell 8.3% in September from a year ago, the fourth largest decline in the country.
Write to Andrew Scoggin.
Follow him on Twitter @ascoggin.
Tags: CoreLogic, foreclosure, Hennepin County, HousingLink, Minneapolis, Minnesota, Ramsey County, St. Paul, Twin Cities
Posted in Servicing/Default, Top Stories | No Comments »
[Update 1: Adds confirmation that Fannie suspended new referrals to Baum firm]
Fannie Mae said Tuesday that it told mortgage servicers to stop referring new foreclosure cases to the Steven J. Baum PC law firm.
Last week, Freddie Mac told mortgage servicers they may no longer refer New York foreclosure or bankruptcy cases to the Baum firm. Both government-sponsored enterprises had used Baum as part of their attorney networks.
The Freddie directive became effective Nov. 10, according to a short statement on the Freddie Mac website. A Fannie Mae spokeswoman said Fannie is in the process of updating its designated counsel list, but confirmed that no new cases will be going to Baum.
It's another blow for the large, Buffalo, N.Y.-based foreclosure law firm, which last month agreed to pay a $2 million fine and change its foreclosure processes under a settlement with Department of Justice.
The DOJ describes the Baum firm, which also has an office on Long Island, as one of the largest mortgage foreclosure firms in New York state.
In a story in the Buffalo News on Tuesday, Freddie Mac spokesman Brad German acknowledged that Baum was "a big firm" for Freddie Mac business.
Baum wasn't immediately available for comment.
Whether large servicers will follow Freddie's lead and pull new cases from the firm was unclear Tuesday.
Last year, when the Law Offices David J. Stern in Plantation, Fla., lost its business from the government-sponsored enterprises, the nation's largest mortgage servicers quickly followed suit. The firm essentially imploded within six months, dropping from about 1,000 employees to just a handful today who are mainly there to wind down the business and assist in processing documents for more than 20 lawsuits Stern filed against his former mortgage clients.
In New York, the agreement between the Baum firm and DOJ resolves an investigation into Baum's foreclosure-related practices, specifically whether the firm, on behalf of its lender clients, filed misleading pleadings, affidavits and mortgage assignments in state and federal courts in New York, the U.S. attorney's office said.
The agreement "does not constitute a finding by any court or agency that Baum has engaged in any unlawful practice or wrongdoing," the U.S. attorney said in a statement."Baum acknowledges, however, that it occasionally made inadvertent errors in its legal filings in state and federal court, which it attributes to human error in light of the high volume of mortgage defaults and foreclosures throughout the state of New York in the wake of the national subprime mortgage crisis."
In April, Attorney General Eric Schneiderman subpoenaed the firm. At the time, Baum said he was cooperating fully with Schneiderman's investigation.
Public opinion turned against the firm in recent weeks when photos of a Halloween party at the firm surfaced on the Internet showing employees dressed up and mocking homeless people.
Write to Kerry Curry.
Follow her on Twitter @communicatorKLC.
Tags: David J. Stern, Department of Justice, foreclosure, freddie mac, mortgage servicers, New York, Steven J. Baum
Posted in Servicing/Default, Top Stories | 2 Comments »
Home sales in the Detroit metropolitan area rose again in October, although sales in the central part of the region declined, according to local multiple listing service Realcomp.
Single-family home sales and condo sales rose 4.8% in October to 4,176 from a year earlier, marking the fourth-consecutive month of gains when comparing year-to-year. September sales jumped 8.2% from the year ago.
The median sale price in the metro area climbed 7.7% to $70,000 from a year ago as the number of foreclosure sales declined 6%.
In Detroit's inner ring suburbs, however, home sales slid 6.8% to 519 from October 2010 as the number of foreclosure sales stayed flat and the median sales price dipped 0.5% to $9,952. Prices have declined significantly since a median of $49,000 in 2006, though prices have moved off the low of $5,737 in February 2009.
Realcomp measures the inner ring as Detroit and its Hamtramck, Harper Woods and Highland Park suburbs.
Housing inventory for the metro area declined as well in October, down 19.8% to 21,939 from a year ago. Short sales make up about 23% of Realcomp's MLS inventory, which include some properties outside Michigan.
Write to Andrew Scoggin.
Follow him on Twitter @ascoggin.
Tags: Detroit, foreclosure, MLS, Multiple Listing Service, Realcomp, short sales
Posted in Origination/Lending, Top Stories | No Comments »
It is highly unlikely home prices would fall far enough to force the Federal Housing Administration to take any bailouts, according to Acting Commissioner Carole Galante.
The Mutual Mortgage Insurance Fund capital ratio dropped to 0.24% in the fiscal year 2011 from 0.5% last year, according to the annual report to Congress. Federal law mandates the fund ratio remain above 2%, but it dropped below that mark in 2009 and has yet to return.
Under a baseline scenario for home price fluctuations developed by Moody's Analytics, the FHA wouldn't push above the 2% threshold until 2014, which is sooner than last year's projection due to insurance premium changes the FHA made.
The baseline assumes an additional 5.6% decline in home prices, which Moody's estimates will bottom in 2012, a forecast supported by other analysts. Should the economy worsen more than expected, the chance of the reserve dropping into negative territory increases as shown in the graph below.
"With economic net worth being very close to zero under the base-case forecast, the chance that future net losses on the current, outstanding portfolio could exceed current capital resources is close to 50%," according to the study.
Joseph Gyourko, a real estate and finance professor at the University of Pennsylvania Wharton School raised concerns last week with his working paper — funded by the conservative think tank America Enterprise Institute — concluding the FHA would need roughly $50 billion to $100 billion in bailout in the coming years.
Galante pushed back against the claim Tuesday in a conference call with reporters frankly calling the findings wrong.
"It would take very significant declines in home prices in 2012 to create a situation where FHA would need additional support," Galante said. "There are no widespread opinions or signs that home prices would fall that far."
Should the FHA ever need to draw bailouts from the government, officials would have to work with the Office of Management and Budget at the Treasury Department to access funds. But Galante said the FHA would still have levers such as another premium boost to pull before they would have to go back to government vaults.
"Right now there is no reason for us to activate those conversations," Galante said.
The FHA's total liquid assets grew $800 million to $33.7 billion in fiscal 2011. That's $1.9 billion more than in 2009. Meanwhile continuing struggles in the housing market are affecting the worth of the fund, which was nearly cut in half to $2.6 billion. The FHA said it will continue to build loss reserves "to prepare for greater claims in the coming years."
The books of business built before 2009 continue to be the problem. Down payments on mortgages then were often funded by the lender. The final expected cost of those loans grew to $14.1 billion this year, according to the actuarial study sent to Congress, up from $12.3 billion the year before.
The 2010 and 2011 books of business, however, have a far greater credit quality. Galante said the average credit score of borrowers landed above 700 for the first time ever in 2011.
Write to Jon Prior.
Follow him on Twitter @JonAPrior.
Tags: AEI, analysts, bailout, Congress, FHA, Galante, home prices, insurance, MMI Fund, Moody's, mortgage, premium, study, Treasury
Posted in Origination/Lending, Slider, Top Stories | 6 Comments »
Hope Now, a voluntary alliance of mortgage servicers, investors, counselors and insurers, said members completed 5 million loan modifications since 2007, supporting the idea that nonprofit and private-sector players can resolve mortgage issues through collaboration.
Of the modifications completed, 4.11 million were proprietary modifications and 856,974 were completed under the Home Affordable Modification Program, the group said.
"When Hope Now started reporting data at the end of 2007, loan modifications were barely measurable," said Faith Schwartz, executive director. "Homeowners either paid their mortgages or forfeited their homes. However, over the past four years the housing crisis has taught us to re-think helping distressed homeowners through an unprecedented level of collaboration, funding, manpower and expanded resources. Five million hard working American families have been able to prevent foreclosures through permanent loan modifications."
Of the proprietary loan modifications conducted, 80% are performing six months after completing the process, Hope Now said. In addition, the inventory of loans that are more than 60-days late hit 2.81 million in the third quarter, which is down from 3.17 million in 2010.
Foreclosure starts also fell in the third quarter to 600,000, compared to 709,000 during the third quarter of 2010, a drop of 15%. Meanwhile, foreclosure sales fell 36% to 200,000 from 314,000 a year earlier.
Write to Kerri Panchuk.
Tags: counselors, distressed homeowners, foreclosures, Home Affordable Modification Program, HOPE NOW, housing crisis, insurers, investors, loan modifications, mortgage servicers
Posted in Origination/Lending, Top Stories | 2 Comments »
Bank of America (BAC: 7.2282 -0.98%) Chief Executive Officer Brian Moynihan says the distressed housing market is seeing improvements in pockets around the nation, especially where there is an influx of investor cash mixed with a quickened ability to repossess properties.
These markets are strengthening to the extent his bank would be willing to lend mortgages without the help of Fannie Mae and Freddie Mac
The CEO of one of the world's largest banks said housing issues cannot be separated from the overall economy. The rosy outlook, Moynihan reminds, is not shared by all markets. He sees national housing activity bouncing along the bottom after experiencing a drop in mortgage originations following the expiration of the 2010 homebuyer tax credit.
Still, Moynihan, speaking at a BofA Merrill Lynch conference in New York, said there are differences in regulatory schemes and in foreclosure and non-foreclosure states – all of which slow down or speed up the rate at which a distressed property is moved.
"What we are seeing is when we get a hold of a property it moves as fast now as it ever moved. The issue is how long does it take for you to get a hold of a property," Moynihan said. "There is tons of investor money coming in. When you have the ability to get those properties, you are seeing market by market those improvements come. The process has been slower and slower in some places, but in places like Arizona and California, we are seeing it move through."
Moynihan said BofA is setting up the framework for a mortgage lending world without the back-stop of government-sponsored enterprises.
"We are prepared to run the business in a way where we can control our destiny and our customers even if we have to use our balance sheet to do it," he said.
When discussing legacy mortgage servicing issues, Moynihan noted BofA has reduced its number of serious mortgage delinquencies, with that figure continuing to drop over the course of the past three quarters.
The BofA CEO said three years after tightening underwriting standards on new mortgages, the bank is noticing tangible benefits.
"You can see the delinquencies are much lower than what we have projected in tougher times," Monyihan pointed out. He says solid underwriting in the wake of the housing bust is proving effective, as delinquencies on post-2008 mortgages are relatively low.
"The underwriting since then has been substantial down payments, substantial documentation and substantial debt to income payments," Moynihan said.
Write to Kerri Panchuk.
Tags: Bank of America, delinquencies, Fannie Mae, freddie mac, government-sponsored enterprises, mortgages, underwriting standards
Posted in Origination/Lending, Slider | No Comments »
Assured Guaranty (AGO: 15.55 +2.30%) reported income of $762.2 million, or $4.13 per share, for the third quarter, as significant gains on credit derivatives boosted earnings for the Bermuda-based mortgage bond insurer.
The monoline reported a loss of $57.7 million, or 31 cents per share, for the second quarter and earned $164.6 million, or 88 cents per share, for the year-ago third quarter.
The company said third-quarter income was "primarily driven by net fair-value gains on credit derivatives and financial guaranty variable interest entities" that total $749.4 million and "are expected to reverse to zero as the assets and liabilities approach their maturities."
"As a result of our extensive recovery efforts for breaches of representations and warranties, the third-quarter loss development was significantly offset by an increase in the R&W benefit," President and CEO Dominic Frederico said in a release.
Expected losses on U.S. residential mortgage-backed securities increased slightly to $2.59 billion at the end of the third quarter from $2.53 billion at the second-quarter close.
The company's rep and warrants benefit rose from $1.64 billion in the second quarter to $1.74 billion in the third.
Write to Andrew Scoggin.
Follow him on Twitter @ascoggin.
Tags: Assured Guaranty, Bermuda, Dominic Frederico, residential mortgage-backed securities, RMBS
Posted in Secondary Market/Investors, Top Stories | No Comments »













