Archive for November, 2011
The Consumer Financial Protection Bureau is asking for commentary on ways the agency can streamline dozens of financial and lending regulations it inherited from other agencies.
Many of the rules relate to residential lending and the housing economy, with the agency inheriting regulations from the Federal Reserve, the Department of Housing and Urban Development, the Federal Deposit Insurance Corp., the Federal Trade Commission, the National Credit Union Administration, the Comptroller of the Currency and the Office of Thrift Supervision.
The agency will oversee mortgage disclosures and the entire lending industry through the Truth in Lending Act.
"Our goal is to make it easier for banks, credit unions and others to follow the rules," said Raj Date, special adviser to the Secretary of the Treasury on the CFPB. "We’re asking the public to help us identify and prioritize concrete ways that we can streamline the regulations we inherited so that they work better for consumers and the firms that serve them."
The goal is to use this opportunity to simplify regulations that are too difficult to understand, to standardize definitions and common terms and to update regulations that are now outdated or unnecessary because of technological innovations.
The CFPB will publish a notice and request for information in the Federal Register. Once that notice goes on the record, the public will have a 90-day period to submit their comments.
Write to Kerri Panchuk.
Tags: CFPB, Comptroller of the Currency, Consumer Financial Protection Bureau, Federal Trade Commission, National Credit Union Administration, Office of the Comptroller of the Currency
Posted in Origination/Lending, Top Stories | 1 Comment »
The Federal Housing Finance Agency failed to review certain concerns over problematic mortgage buyback requests Freddie Mac made against Bank of America (BAC: 7.22 -1.10%), according to the agency's inspector general report released Tuesday.
At the end of 2010, the FHFA approved a $1.35 billion settlement of repurchase claims Freddie made against BofA. Fannie Mae made a similar settlement worth $1.52 billion. Both companies are attempting to salvage as much cash as they can as they work to payback more than $151 billion in bailouts owed to the Treasury Department.
The IG office took a closer look at the settlement and found the FHFA gave "undue deference" to the government-sponsored enterprises on this and other business decisions.
According to the report, the agency did not test any concerns raised by a senior examiner, who found the loan review process Freddie used didn't account for foreclosure patterns on loans originated during the housing boom. Freddie's own internal team raised concerns as well, but the FHFA did not address them before approving the settlement, according to the report.
"According to the senior examiner, this could potentially cost the enterprise a considerable amount of money," according to the report.
The GSEs will, in most cases, only send a repurchase request to the originator once the loan goes through foreclosure. The examiner found that the Freddie loan review process was based on old and dated foreclosure patterns shown in the first graph:
Most of the foreclosures were usually completed within the first two to three years of its origination. But the examiner found on the loans originated during the housing boom, foreclosures weren't completed until four and five years out because that's when the teaser rate for these loans usually ballooned, unlike traditional mortgages.
The examiner raised concerns that the settlement was struck for many loans that hadn't foreclosed yet but were inevitably doomed to. And because Freddie only sent repurchase claims back on loans that completed the foreclosure process in the first two to three years, the settlement with BofA would have left the bank off the hook for the majority of the problem mortgages.
The IG office did say that the FHFA suspended future GSE repurchase settlements based on Freddie Mac loan reviews after the inspector general began its evaluation.
Other problems have since arisen about Freddie's loan review process. An internal audit within the GSE completed in June concluded that the process was still "unsatisfactory," according to the IG report. A Freddie senior manager advised the board that it could recover more in claims if it used a more robust loan review process, according to the IG office.
The report makes broader claims that the FHFA continually grants "undue deference" to the GSEs on business decisions, including the rep and warranty settlement, its participation in the Home Affordable Modification Program, and executive compensation — which came under congressional examination this month.
As for the BofA settlement findings, the FHFA agreed to the inspector general recommendations: that it should act promptly to address concerns and ensure senior managers are told about any that arise. But the agency said it "has not changed its view that the (BofA) settlement was … appropriate and reasonable."
Write to Jon Prior.
Follow him on Twitter @JonAPrior.
Tags: bailout, Bank of America, claims, default, Fannie Mae, FHFA, foreclosure, freddie mac, housing boom, mortgage, rep and warranty, repurchase, Treasury
Posted in Secondary Market/Investors, Top Stories | 1 Comment »
StreetLinks Lender Solutions added a repurchase and loss warranty to its appraisal review service, according to a company release.
The Indianapolis appraisal management company said Monday it expanded its review service, introduced in 2010, to the entire lending community as well.
Lenders pay $95 for the service, and the warranty covers losses from any incorrect reviews.
"We set out with a simple mission — to challenge the status quo of appraisal review products," CEO Steve Haslam said in the release. "Historically, lenders have relied on AVMs (automated valuation models) or watered-down review products completed by people who aren't even located in the same state."
Haslam said local appraisers complete the StreetLinks reports.
Buffalo, N.Y.-based Kirchmeyer & Associates also added loss protection for faulty appraisal valuations, as did Coester Appraisal Group earlier this year.
StreetLinks generated $37.6 million in revenue in the third quarter, up from $22.8 million a year earlier. The appraisal management provider made up the bulk of the revenue for its parent company, Novastar Financial Inc., which reported income of $4.4 million for the quarter.
Write to Andrew Scoggin.
Follow him on Twitter @ascoggin.
Tags: Coester Appraisal Group, Kirchmeyer & Associates, NovaStar, NovaStar Financial Inc., StreetLinks, StreetLinks Lender Solutions
Posted in Origination/Lending, Top Stories | No Comments »
The Securities and Exchange Commission and Citigroup (C: 30.48 +0.33%) pushed back after a federal judge rejected their settlement Monday over losses tied to an allegedly misleading collateralized-debt obligation.
Both the regulator and the bank warned of the consequences for forcing litigation.
The settlement would have returned $285 million to investors in the $1 billion CDO. The SEC said in a Nov. 9 hearing before U.S. District Court Judge Jed Rakoff that investors actually lost $700 million in the deal the agency alleged Citi knew contained faulty mortgages.
"The proposed consent judgment is neither fair, nor reasonable, nor adequate, nor in the public interest," Rakoff wrote in his order rejecting the settlement Monday.
"While we respect the court's ruling, we believe that the proposed $285 million settlement was fair, adequate, reasonable, in the public interest, and reasonably reflects the scope of relief that would be obtained after a successful trial," said Robert Khuzami, director of division of enforcement at the SEC, in a statement released Monday evening.
Khuzami said the penalty was limited by securities law based on what the defendant profited from the deal. In this case, Citi netted $160 million in profits. Rakoff complained neither the SEC nor Citi provided enough facts in the settlement proposal, and it prevented Citi from having to admit t.
Khuzami said they did provide enough facts. One CDO trader allegedly characterized the Class V III portfolio as "dogsh!t” and "possibly the best short EVER!" in an internal message obtained and provided by the SEC in the case. Khuzami added the reforms and penalties for Citi outweigh any admission of guilt.
However, investors armed with such an admission could go after the bank individually in court to collect more of their losses.
"Refusing an otherwise advantageous settlement solely because of the absence of an admission also would divert resources away from the investigation of other frauds and the recovery of losses suffered by other investors not before the court," Khuzami said in warning of forcing the two sides into litigation.
In a statement sent to HousingWire, Citi also disagreed with Rakoff called the settlement "a fair and reasonable resolution."
Ron D'Vari, CEO of financial advisory firm NewOak Capital Advisors, said if judges reject settlements because a defendant did not have to admit guilt, litigation would almost be certain.
"Defendants would most likely put up rigorous fights against the SEC if they have to admit guilt in order to reach a settlement with them," D'Vari said. "Admission of guilt in legal settlements with the SEC would make defendants more susceptible to subsequent civil law suits. Having to go to a full trial to determine all the relevant facts, disclosures and admissions through expert and legal analysis is going to drag these cases on much longer."
Both the SEC and Citi said they would take a look at the next possible steps, but the bank said it was prepared for court.
"We also believe the settlement fully complies with long-established legal standards," Citi said. "In the event the case is tried, we would present substantial factual and legal defenses to the charges."
Write to Jon Prior.
Follow him on Twitter @JonAPrior.
Tags: CDO, Citi, forelcosure, New York, Rakoff, rejection, resolution, SEC, settlement
Posted in Secondary Market/Investors, Slider, Top Stories | 1 Comment »
Attorneys general for Delaware and New York secured permission from a U.S. district judge to intervene in court proceedings discussing the Bank of New York Mellon (BK: 20.09 +0.45%) $8.5 billion settlement with Bank of America (BAC: 7.22 -1.10%) over toxic mortgage-backed securities.
The AGs are eager to get a presence in the proceedings, so they can represent the interests of the investing public in their respective states before a final deal is reached. Admission to the process gives the AGs a chance to hear where talks are going and an opportunity to object to provisions of the deal.
The issue surfaced in the first part of the year when BoNY Mellon, as trustee for 530 MBS trusts with a principal balance of $424 billion in Countrywide Financial loans, agreed to settle with BofA over the sale of toxic loans into securities. BofA acquired Countrywide three years ago.
New York AG Eric Schneiderman filed a motion in New York court in August to intervene in all legal actions related to the multibillion-dollar settlement.
Delaware Attorney General Beau Biden filed a motion to intervene days later.
Judge William Pauley III with the United States District Court Southern District of New York granted the AGs motion to intervene in the proceedings, while simultaneously ruling an individual homeowner could not obtain standing to intervene.
Judge Pauley held state AG's have standing to intervene in certain legal actions that relate to statutes or regulations within their purview.
"Because the settlement agreement at issue here implicates the vitality of the national securities markets, this action concerns far more than the financial interests of a few sophisticated investors. And the intervention of the state AGs in this action will protect the interests of absent investors," Pauley wrote in the court's holding.
Write to Kerri Panchuk.
Tags: Bank of America, Countrywide, MBS, mortgage-backed securities, New York Attorney General Eric Schneiderman, The Bank of New York Mellon
Posted in Secondary Market/Investors, Top Stories | 1 Comment »
The amount of mortgage-backed securities placed into the secondary markets by Fannie Mae and Freddie Mac is declining as part of the mandate to reduce the size of the government-sponsored enterprises.
The dwindling supply will push investors into other areas naturally and a space that may be a good replacement is the short-term GSE-collateralized mortgage obligation space, according to Amherst Securities.
CMOs are an earlier, simpler version of residential and commercial mortgage-backed securities. In these bonds, more properties are typically used than necessary. As defaults rise, performing properties replace nonperforming. This type of credit enhancement, known as overcollateralization, is more common in CMOs than RMBS.
Amherst notes that Fannie and Freddie portfolios contracted from $1.53 trillion at the end of 2009, to $1.49 trillion at the end of 2010, to $1.38 tillion in September 2011. It's a trend they expect to continue.
However, other market conditions are leading to fewer short Treasurys being issued as well.
CMOs are based on mortgages originated by loans and thrifts, and the market is growing.
"The increase in agency CMO holdings by U.S. banks and thrifts at $252 billion is more than the total growth of mortgage holdings of $194 billion," Amherst said in a note to investors. "And this amount must increase more, as short CMOs will benefit from the shortage of other products."
Write to Jacob Gaffney.
Follow him on Twitter @jacobgaffney.
Tags: CMO, collateralized mortgage obligation, Fannie Mae, freddie mac, GSE, mortgage, mortgage-backed securities, RMBS, secondary, Treasurys
Posted in Secondary Market/Investors, Top Stories | 1 Comment »
Firms that build, sell and finance manufactured homes blame regulations and a lack of secondary market support for plummeting demand within their space.
When testifying in front of the House Financial Services Committee, Kevin Clayton, CEO of Maryville, Tenn.-based Clayton Homes and head of the Manufactured Housing Institute, painted a picture of an industry weathering through a five-year uphill battle.
Clayton told lawmakers Tuesday that the industry lost business when subprime lending in the early part of the decade allowed more economically limited families to buy traditional site-built homes, pulling business away from makers of modular or manufactured homes.
"Since 2005, the pace of new manufactured homes sold in the U.S. has declined by 65% (146,881 in 2005 versus 50,046 in 2010) and there has been a decline of nearly 80% since 2000 (when 250,419 new manufactured homes were produced," Clayton said in prepared testimony.
Clayton blames uncertainty over new financial services regulations for hindering growth within the segment.
"Over 60% of manufactured homebuyers finance their purchase using a personal property loan where the dwelling alone is financed," he said. "The ability for lenders to securitize manufactured home loans in the secondary market, particularly those secured by personal property, has been very limited."
Clayton said government-sponsored enterprises have shown little interest in buying up manufactured home loans to securitize them for a sell off to investors. To date, he says less than 1% of GSE business is tied to manufactured home loans.
"This barrier has effectively shut off the development of a viable secondary market for manufactured home loans leading to higher financing costs," Clayton advised. "The development of a viable secondary market would dramatically improve liquidity in the credit‐constrained manufactured housing market and provide potential buyers with more ready access to loans to purchase affordable manufactured housing."
Clayton said the industry supports a push to create a housing finance system driven by private capital. But he said, "any secondary market — particularly if it is supported by a government backstop — should provide equal and open access to manufactured home loans secured by either real or personal property."
Clayton is a subsidiary of Warren Buffett's Berkshire Hathaway. Last year, Clayton produced 23,243 homes for a 47% market share. In February, Buffett said mortgages written by Clayton were provided to stronger and savvier borrowers than those who made up the bulk of the housing bubble. At that time, he was predicting an improvement in housing to begin in early 2012.
J. Scott Yates, president of Blairs, Va.-based Yates Homes also testified, reiterating the need for support in the secondary mortgage markets.
"The true loser is the customer who wants to provide shelter for their family at an affordable price and who understands that manufactured housing is a viable option to do exactly that," Yates said.
The panel also heard from Carla Burr, an owner of a manufactured home, who cited a lack of affordable financing mechanisms as a problem for homeowners.
"The loan choices are few and much more expensive," she said. "The products that are available have higher interest rates, shorter amortization time frames and fewer protections than regular mortgages. These loans are generally unnecessarily risky for consumers, especially as most owners of manufactured homes can only get personal property loans, often called chattel loans, not mortgages. Chattel loans have higher costs and fewer protections."
Write to Kerri Panchuk.
Tags: chattel, Clayton Homes, government-sponsored enterprises, GSE, House Financial Services Committee, loan securitization, manufactured homes, manufactured housing, Manufactured Housing Institute, mortgage, secondary market, subprime
Posted in Secondary Market/Investors, Top Stories | 1 Comment »
Fresh off his retirement from American Airlines, former Chairman and President Gerard Arpey will join a private equity real estate firm founded by another former airline executive.
Arpey will become a partner effective Friday in Emerald Creek Group, based in Houston. Larry Kellner, former Continental Airlines chairman and CEO, founded the firm as he exited from the air travel industry in 2009.
Kellner had served as executive vice president and chief financial officer of real estate investment and construction firm The Koll Co. before his time at Continental.
The move for Arpey comes as American and its parent company, AMR Corp. (AMR: 0.00 N/A) filed for Chapter 11 bankruptcy protection Tuesday morning. Arpey told AMR of his decision to retire on Monday.
"I have known Gerard for many years, and watched with admiration as he led American Airlines … through the most challenging decade in the history of the airline industry," Kellner said in a release.
Arpey joined American in 1982 as a financial analyst and worked in multiple roles with the company.
Write to Andrew Scoggin.
Follow him on Twitter @ascoggin.
Tags: American Airlines, AMR, Continental Airlines, Emerald Creek Group, Gerard Arpey, The Koll Company
Posted in Secondary Market/Investors, Top Stories | No Comments »
National banks must be able to determine on their own that the risk of default is low and a full, timely repayment of principal and interest is expected on an underlying loan before issuing the "investment grade" security, according to a new rule proposed by the Office of the Comptroller of the Currency Tuesday.
The rule, when finalized, would effectively eliminate references to credit ratings agencies in OCC regulations, as required under the Dodd-Frank Act. These firms came under fire after the financial collapse in 2008 for rating many securities, particularly those backed by faulty mortgages, as high as AAA. In the years since, the credit rating agencies have been downgrading billions of RMBS deals.
The OCC put out an advance notice of the proposal in August, followed by a similar one from the Office of Thrift Supervision in October. Under directive from Dodd-Frank, the OCC absorbed the OTS earlier this year.
According to the proposal released Tuesday, the issuer of a security — backed by mortgages, auto loans, student loans and others — must have an "adequate capacity to meet financial commitments under the security for the projected life of the asset or exposure."
In order to meet this requirement, a national bank can use sources of information provided by credit ratings agencies, but it must also conduct its own due diligence. Therefore, it is possible that a security rated in the top four categories by a rating agency may still not satisfy the "investment grade" standard, the OCC said.
After the advance notice was put out earlier in the fall, community and regional bankers argued that because they would not be allowed to rely on credit rating agencies to evaluate investments, larger institutions with more advanced analytical capabilities would hold yet another advantage.
Even larger banks complained that international financial firms would hold an edge because they could sill rely on credit rating agencies when American banks could not.
The OCC allowed smaller federal savings associations to continue to follow Federal Deposit Insurance Corp. guidance for commercial paper until the FDIC puts out new rules in July 2012. But these smaller banks must still consider interest rate, credit liquidity, price and other risks for other securities when determining if it is "investment grade."
The OCC said a number of comments asked the regulator to interpret the Dodd-Frank Act in a way that would still allow banks to consider credit ratings as one of several factors when measuring credit risk under the new rules. But most of the comments complained of the proposal's regulatory burden and its effect on competitiveness.
Write to Jon Prior.
Follow him on Twitter @JonAPrior.
Tags: auto loans, banks, credit rating agencies, default, Dodd-Frank, downgrade, due diligence, FDIC, Federal Deposit Insurance Corp., financial crisis, mortgages, OCC, OTS, RMBS, student loans
Posted in Secondary Market/Investors, Top Stories | No Comments »
Some classes of residential and commercial mortgage-backed securities are feeling the residual effects of Fitch changing its outlook on the nation's sovereign debt rating.
Fitch Ratings affirmed several U.S. credit ratings at AAA on Monday, while revising the nation's overall long-term outlook to negative from stable.
Because certain RMBS and CMBS finance deals benefit from government guarantees and insurance that comes from the U.S. government, Fitch said it will revise its ratings outlook on certain products from stable to negative.
"While the vast majority of Fitch-rated U.S. structured finance transactions have little direct linkage to the U.S. government’s sovereign rating, certain transactions benefit from guarantees or insurance from the U.S. government (or U.S. government-related entities)," Fitch wrote in its notice.
The company said outlook changes will impact 1,500 classes of student loan asset-backed securities, up to 100 classes of residential mortgage-backed securities and a small number of CMBS transactions.
Fitch expects the changes will be revealed over the course of the next few days.
Write to Kerri Panchuk.
Tags: CMBS, Fitch, residential mortgage-backed securities, RMBS, U.S. sovereign debt rating
Posted in Secondary Market/Investors, Top Stories | No Comments »













