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Archive for November, 2011

Monday, November 28th, 2011

Renovo Capital acquired a majority stake in Irvine, Calif.-based RealtyTrac and will inject a large dose of capital to expand the platform of the online foreclosure marketplace.

The deal will result in the formation of a new company, Renwood RealtyTrac, and is shaking up executive management, with RealtyTrac CEO and founder James Saccacio stepping down from his executive post.

Renwood RealtyTrac  appointed Brandon Moore to take Saccacio's place as CEO. Saccacio will continue serving the new entity as a public spokesperson and board member, the company said. Renwood will operate the RealtyTrac website and the current RealtyTrac brand. The company said the changes are not expected to impact end-users of the RealtyTrac site.

RealtyTrac said Renovo Capital's private equity firm Renwood Opportunities Fund will provide the capital to fund RealtyTrac's growth and expansion into new areas of the market.

"I am excited to move forward with this venture as it will empower RealtyTrac to better serve its customers, providing them with a wider data reach, more robust foreclosure search and real estate research capabilities, and an enhanced user experience," said Saccacio.

"With this capital infusion, RealtyTrac’s leadership can expand on its core competencies of collecting, analyzing and democratizing the availability of U.S. foreclosure data," he added. "We have identified just the right investor to partner with, and the timing of this investment is well synched with our plans for maintaining RealtyTrac’s reputation as a go-to company that exceeds the needs of its customer base and addresses the exciting challenges the dynamic real estate market presents."

RealtyTrac would not elaborate on how much of a stake Renovo Capital took in the company.

The new entity selected Moore to serve as CEO. Prior to this appointment, Moore led the expansion of online ventures and was most recently the senior vice president and general manager of One Technologies.

Write to Kerri Panchuk.

Monday, November 28th, 2011

Consumer indebtedness dropped by 0.6% in the third quarter as mortgage balances and credit card limits continued to decline, according to a report by the New York Federal Reserve.

Aggregate consumer debt fell approximately $60 billion to $11.66 trillion in 3Q, down from a revised $11.72 trillion in the second quarter, the Fed said.

"The decline in outstanding consumer debt reveals that households continue to try and deleverage in the wake of a challenging economic environment and large declines in home values," said Andrew Haughwout, vice president in the research and statistics group at the New York Fed. "However, our findings also provide evidence that consumer credit demand continues to increase, a positive sign for consumer sentiment."

Mortgage balances on consumer credit reports fell by $114 billion, or 1.3%, over the third quarter while home equity lines of credit balances increased by roughly $14 billion or 2.3%. The Fed report does not specify if HELOC balances are rising due to more credit lines becoming available to homeowners, or an uptick in delinquencies where fees for nonpayments push balances higher.

About 2.5% of current mortgage balances transitioned into delinquency in the third quarter, reversing a recent trend of reductions. New foreclosures decreased 7% quarter- over-quarter, and bankruptcies declined 18.8% over year-ago figures.

Indebtedness unrelated to real estate now stands at $2.62 trillion, about 1.3% above its 2Q level.

Aggregate credit card limits declined by about $25 billion slightly offsetting increases from earlier this year. Open credit card accounts declined by 6 million to 383 million in the third quarter, and credit card borrowing limits fell again, partially offsetting some gains seen earlier in the year.

Open credit card accounts for third quarter were about 23% below the peak in second quarter 2008 while balances on those cards were nearly 20% below their highest levels in the fourth quarter of 2008.

Credit account inquiries within six months — an indicator of consumer credit demand — increased for the second quarter in a row.

Overall delinquency rates increased to 10% as of the end of September, compared with 9.8% at the end of June.

In August, a study from the Federal Reserve Bank of Cleveland showed households were deleveraging at a rapid pace since the financial crisis of 2008. Household debt burdens, according to its study, are heading toward a 20-year low.

Write to Kerry Curry.

Follow her on Twitter @communicatorKLC.

Monday, November 28th, 2011

U.S. District Court Judge Jed Rakoff rejected a proposed settlement between Citigroup (C: 30.49 +0.36%) and the Securities and Exchange Commission that would have returned $285 million to investors of a $1 billion collateralized debt obligation tied to risky mortgages.

"The proposed consent judgment is neither fair, nor reasonable, nor adequate, nor in the public interest," Rakoff wrote in his order Monday.

Rakoff held a hearing Nov. 9 to review the proposed settlement. Commentators previously said it was highly possible Rakoff would reject it.

The SEC sued Citi in October, alleging that in early 2007, financiers there created the Class V Funding III, allowing it to dump weakening mortgage-backed securities. According to the SEC, Citi allegedly misrepresented investors in the CDO and took a short position on the very assets it selected for the offering.

Citi netted $160 million in profits on the deal, when investors lost more than $700 million, the SEC revealed in the Nov. 9 hearing, more than double the $285 million settlement. The agreement with Citi would also free the bank from admitting any wrongdoing.

Rakoff said in his written order that during the hearing, neither Citi nor the SEC provided enough facts, which he said is required if he was to approve a settlement the agency submits to a public court. The SEC erroneously argued that in order for Rakoff to approve the settlement, "the public interest…is not part of (the) applicable standard of judicial review," the judge wrote.

Rakoff begrudgingly gave in to a settlement between the SEC and Bank of America (BAC: 7.225 -1.03%) in March when the bank allegedly lied to investors when it failed to disclose $5.8 billion in bonuses to Merrill Lynch employees.

But Rakoff and other judges have grown weary of the SEC using their courts to enforce settlements without providing enough facts, especially when the agency has the power to administer settlements administratively.

"When a public agency asks a court to become its partner in enforcement by imposing wide-ranging injunctive remedies on a defendant, enforced by the formidable judicial power of contempt, the court, and the public, need some knowledge of what the underlying facts are: for otherwise, the court becomes a mere handmaiden to a settlement privately negotiated on the basis of unknown facts, while the public is deprived of ever knowing the truth in a matter of obvious public importance," Rakoff wrote Monday.

Citi and the SEC now have the option of going back to the bargaining table and coming back with either a larger settlement figure or to settle the claims outside of court.

Neither Citi nor the SEC immediately replied to requests for comment.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Monday, November 28th, 2011

New York City foreclosure filings dropped 32% in the third quarter over last year.

Lenders filed 3,168 foreclosures on single-family and multifamily properties during the quarter, according to a study from New York University Furman Center for Real Estate and Urban Policy. The notices, the first stage in the foreclosure process, also dropped 5.4% from the previous three months and were down more than 46% from the peak in 2009.

Roughly 73% of all filings occurred in either Brooklyn or Queens. Over the last two quarters, notices have been more evenly split between homeowners and landlords.

"Given persistent unemployment and delinquency rates nationally, it remains unclear whether the past four quarters of reductions in foreclosure notices is the result of the slow pace of foreclosure proceedings, or a promising sign that more homeowners are now able to meet their mortgage obligations," said Vicki Been, faculty director of the Furman Center.

Court rule changes and a massive backlog pushed the average completion time to beyond 900 days, the longest in the nation, according to RealtyTrac, which monitors filings across the country.

The state's administrative board of judges implemented an affirmation rule in October 2010. Banking attorneys now have to sign an affidavit vouching for the accuracy of the records in a foreclosure, forcing these lawyers to go back and check documentation before filing a case.

While the rule allowed courts to begin working through the backlog, the city hit another snag in November when the default services law firm Steven J. Baum PC announced it would close. Baum, which did work for Fannie Mae and Freddie Mac, came under investigation for illegally signing foreclosure documents en masse in an effort to speed up the process.

When firms in Florida were shuttered for similar violations, thousands of cases had to transfer to other firms already overbooked. Courts there spent months sorting through the cases to determine which ones needed to be restarted and which ones could proceed. Florida foreclosure timelines skyrocketed to the second longest in the country, just behind New York.

Meanwhile, the 5,615 property sales in third quarter dropped 3.6% from last year. Home values declined in every borough but Manhattan.

"Sales volume continued to lag in the third quarter of 2011, showing little change since last quarter and remaining well below the sales volumes we’ve seen in the city in the past decade,” said Ingrid Gould Ellen, faculty co-director of the Furman Center.

In New York City, values are down more than 20% from the peak, which crested sporadically across all major boroughs just before the financial crisis struck in 2007.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Monday, November 28th, 2011

The commercial real estate segment could experience some growth in 2012, the National Association of Realtors said Monday.

Still, the association and market analysts remain cautiously optimistic with the economic crisis in Europe, as well as political wrangling and a bleak jobs picture remaining a top concern domestically.

NAR's chief economist Lawrence Yun said, "Vacancy rates are flat, leasing is soft and concessions continue to make it a tenant's market. However, with modest economic growth and job creation, the fundamentals for commercial real estate should gradually improve in the coming year."

Yun's slightly upbeat report comes at a time when other analysts are expecting little to no growth in 2012.

In fact, an economic report from Simon Hunt Strategic Services recently concluded that the U.S. and other industrialized economies face a "balance-sheet depression" that could naturally lead to another economic crisis.

Simon Hunt is forecasting another recession that will hit either in 2012 and 2013.

But within the CRE segment, NAR expects vacancy rates will drop a bit in 2012, causing rents to increase modestly.

Apartment rents will be rising at a faster rate due to increased demand in the segment, NAR said.

The association expects multifamily housing vacancy rates will drop from 5% in the fourth quarter to 4.3% in the fourth quarter of 2012. Areas with the lowest multifamily vacancy rates include Minneapolis, New York City and Portland, Ore.

Office vacancy rates are expected to fall from 16.7%, their rate today, to 16.1 in the fourth quarter of 2012. In addition, industrial vacancies could fall from 12.3% in the fourth quarter of 2011 to 11.7% in 4Q of next year. Retail vacancies also are expected to edge down to 11.8% in the fourth quarter of 2012, down from 12.6% in 4Q of 2011.

Write to Kerri Panchuk.

Monday, November 28th, 2011

Walker & Dunlop (WD: 11.98 +1.18%) named Dale Brem vice president and deputy chief underwriter of its Federal Housing Administration finance department. The multifamily lender said the hire is part of its process of expanding FHA-backed mortgage originations.

Michele Warner, Walker & Dunlop senior vice president, said Brem's 18-plus years of commercial real estate experience and wealth of knowledge underwriting FHA-insured loans would benefit the company. Brem joins a rapidly growing department at Walker & Dunlop. The lender made a few key hires to the department in August.

The company posted a $6.1 million profit during the third quarter as loan originations grew 104% year-over-year and had profits of $7.1 million in the same quarter a year earlier. Walker & Dunlop's third-quarter profit was up from $4.4 million a year earlier, on a pro forma basis.

Loan originations at the company hit $906.7 million in 3Q, up from $444.4 million a year earlier.

Prior to joining Walker & Dunlop, Brem was FHA chief underwriter at KeyBank Real Estate Capital where he managed all underwriting activities for FHA agency loans including multifamily and healthcare properties. Before Key Bank he was a senior underwriter at GMAC Commercial Mortgage and Malone Mortgage Company.

Brem has managed more than $1 billion in loan-qualifying and underwriting processes and underwrote more than $245 million in conventional, affordable and healthcare FHA loans throughout the country.

Write to Justin T. Hilley.

Follow him on Twitter @JustinHilley.

Monday, November 28th, 2011

Rep. Barney Frank, D-Mass., co-author of the Dodd-Frank Act, will not seek re-election in 2012.

The top Democrat on the House Financial Services Committee will made a formal announcement during a press conference Monday afternoon. Frank won his seat in Congress in 1980.

Frank and former Sen. Chris Dodd, D-Conn., led the sweeping financial regulatory bill, known as the Dodd-Frank Act, that was passed in June 2010. It charged regulators to develop nearly 400 new rules, of which only a fraction have been finalized.

Of the pending new actions, many such as risk retention, development of the qualified mortgage, and the completion of the Consumer Financial Protection Bureau directly change the way mortgages will be written in the future. Industry trade groups and many Republicans have been working to minimize and repeal many measures since Dodd-Frank was passed.

"Rep. Frank was probably the most articulate defender of the law in the House," said Jaret Seiberg, senior policy analyst with the Washington research group at Guggenheim. "His removal from the debate should make it incrementally more likely for regulatory relief legislation to advance."

Rep. Maxine Waters, D-Calif., will be leading contender to take his spot on the committee should she win re-election next November. Her office wasn't immediately available for comment.

"Waters at times is very hostile to the banks so this is a situation worth watching," Seiberg said.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Monday, November 28th, 2011

New single-family home sales rose 1.3% in October when compared to the previous month, a government report said Monday.

In October, new home sales hit a seasonally adjusted annual rate of 307,000, up from 303,000 in September, according to a study from the  U.S. Census Bureau and the Department of Housing and Urban Development.

Compared to October 2010, home sales are up 8.9% when considering 282,000 homes were sold during that month last year.

While sales edge up, the median sales price in October hit $212,300, and the average price was $242,300. The median sales price of new homes in September was $204,400, while the average price hit $243,900.

After studying the report, analysts with Econoday said, "Today's report joins a growing list of housing indicators that are pointing to limited recovery for the sector, recovery supported by very low mortgage rates. Yet housing is still held down by foreclosures and by tight credit conditions that are limiting the number of home buyers."

Capital Economics released a statement on the report, saying, "The 1.3% rise in new home sales in October was not especially encouraging given that it came at the expense of a 3.3% downward revision to the previous month's numbers. More generally, new home sales are not going to return to normal levels when new builds are having to compete with cheap foreclosed properties."

Write to Kerri Panchuk.

Monday, November 28th, 2011

Before the 2007 housing bust, financial analysts who raised questions about Fannie Mae and Freddie Mac's shaky finances were dismissed as cranks. So it's worrying to see a thoughtful critique of another taxpayer-backed monolith—the Federal Housing Administration—receive a similar brush-off.

Monday, November 28th, 2011

Central banks across five continents are undertaking the broadest reduction in borrowing costs since 2009 to avert a global economic slump stemming from Europe's sovereign-debt turmoil.

The U.S., the U.K. and nine other nations, along with the European Central Bank have bolstered monetary stimulus in the past three months. Six more countries, including Mexico and Sweden, probably will cut benchmark interest rates by the end of March, JPMorgan Chase & Co. forecasts.



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