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Archive for November, 2011

Tuesday, November 22nd, 2011

At the rate homes are going on the foreclosure block in Maryland these days, it would take 21 years — yes, years — before the current "pipeline" of homes in danger of foreclosure are all sold.

That's according to industry consultant LPS Applied Analytics, which shows a dramatic drop in the number of Maryland foreclosure sales (repossessions or other involuntary transfers) after the robo-signing revelations last fall. That's pushed the state's time-to-sell figure skyward to the fourth-highest nationwide.

Tuesday, November 22nd, 2011

The congressional super committee's failure to reach a deal on $1.5 trillion in federal deficit cuts over the next decade could trigger a revision of the U.S. sovereign debt rating by Fitch Ratings.

The ratings agency will finalize its review of the nation's sovereign debt rating by the end of November. Fitch previously indicated that a failure to reach an agreement would lead to a negative ratings action.

Fitch said it most likely will change the debt rating's outlook to negative — a move that signals a downgrade is at least 50% more likely over the course of the next two years.

Moody's Investors Service
and Standard & Poor's told Bloomberg news there is no need to lower the nation's sovereign debt rating in light of the committee's failure to reach a consensus.

S&P, which lowered its rating on America's debt rating over the summer, said a built-in safeguard that requires automatic spending cuts in the amount of $1.2 trillion prevents the need further downgrades.

Write to Kerri Panchuk.

Tuesday, November 22nd, 2011

It’s a rare area of agreement between Republicans and the Obama administration: The government should reduce its outsize role in making sure that people can buy homes.

And yet, in the past three months, these officials and others in Washington have taken steps that expand the government’s support of the housing market.

The reason is that the economy and the housing market, in particular, remain weak. Officials are worried that withdrawing government support for housing could make it more difficult for people to buy homes, reducing demand and sending housing prices even lower.

Monday, November 21st, 2011

A bill recently introduced in the House of Representatives would establish an independent office charged with investigating banks' complaints about regulatory examiners.

Reps. Shelley Moore Capito, R-W.Va., and Carolyn Maloney, D-N.Y., sponsored the Financial Institutions Examination Fairness and Reform Act, H.R. 3461 in an effort to ease regulatory burdens on community banks. The act, however, isn't limited by asset size.

Of the nearly 400 bank failures since 2007, more than 320 have been smaller, community banks saddled with commercial mortgage defaults and bad bets on local housing developments during the boom.

A House subcommittee last week rejected a similar bill to allow banks to count recently modified mortgages as accruing as long as the borrower hadn't been delinquent in the last six months.

Capito and Maloney kept the language from the previous bill and expanded it. According to H.R. 3461, regulators cannot force a bank deemed well capitalized to raise additional capital for any modified mortgages counted accruing under the same legislation.

The congresswomen also created the Office of the Examination Ombudsman, which would "investigate complaints from financial institutions, their representatives, or another entity acting on behalf of such institutions, concerning examinations, examination practices, or examination reports," according to the bill.

The ombudsman would have jurisdiction over examiners at the Federal Reserve, the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corp. and the still forming Consumer Financial Protection Bureau.

The watchog would also hold quarterly meetings to review examination practices and report annually to the House Financial Services Committee and the Senate Banking Committee.

The bill also allows banks to appeal any determinations found by an examiner to an administrative law judge. The bank has to file a complaint with the ombudsman with 60 days, and if the bank does, the examiner has to provide "any information relied upon by the agency in the final report."

The hearing in court must be held within 60 days, according to the bill. The judge is not allowed to defer to the regulatory agency.

The bill also forbids any regulator from retaliating against a bank for using any of these new powers. It goes even further. A regulator may not delay or deny any action "that would benefit a financial institution" because it is under appeal.

The American Bankers Association backed the bill immediately, claiming it would provide needed transparency and balance in the examination process.

"It also addresses some examiner decisions that have effectively and unnecessarily reduced the amount of capital available for increased lending — particularly to small businesses," said Frank Keating, CEO of the ABA. "We strongly urge its enactment, which would increase banks’ ability to help local businesses grow and create jobs."

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Monday, November 21st, 2011

Florida existing single-family home and condo sales increased 13% and 12% respectively in October from a year ago, according to a release Monday from Florida Realtors.

The median sales price, however, dipped 4% from last year to $131,200 for single-family homes, while the condo median sales price rose 9% to $87,800.

The most noticeable change by city came in the Miami metropolitan area, where sales jumped 41%, from 546 to 769, for existing single-family homes and 63%, from 739 to 1,202, for condos, over year-ago figures.

The Miami Association of Realtors reported earlier this month a 51% increase from last year in third-quarter existing home sales, which include single-family homes and condos.

The Tampa-St. Petersburg-Clearwater area sold the most single-family homes in October at 2,207, a 15% increase from last year, followed by Orlando at 2,136 and Fort Lauderdale at 992.

Miami's 1,202 condo sales led that segment, trailed by Fort Lauderdale (1,150) and West Palm Beach-Boca Raton (906).

Home sales increased 13.5% nationwide for October from a year earlier, according to the National Association of Realtors.

Write to Andrew Scoggin.

Follow him on Twitter @ascoggin.

Monday, November 21st, 2011

The new reality of working in mortgage finance is the ephemeral nature of employment can now surprise to the downside.

Let me explain: people used to want to hire in this space.

We are getting word of another law firm shutting down. In this case, the Steven J. Baum law firm stood accused of callousness toward the plight of distressed homeowners.

In many cases, loss of income (no job) can lead a borrower down this road. While it can be argued that, in many default cases, the mortgage product didn't fit the homeowner, there is still no reason to think we aren't in a new reality.

This is a wake-up call to everyone: it can happen to you.

I take no pleasure in someone going out of business. I do believe the employees of the Baum law firm, who reenacted a skid row scene for Halloween (photo found here), followed a pattern of downward spiral.

The law firm clearly knew, even if they didn't approve, that employees dressed up as the down-and-out. The new reality is that there is no irony that they are now unemployed.

The point is this. If Baum wanted to slow, or even turnaround, the quality of his business (and that's a big if), he should've fired workers such as this long ago.

Write to Jacob Gaffney.

Follow him on Twitter @jacobgaffney.

Monday, November 21st, 2011

Steven J. Baum P.C., one of New York's largest default services law firms and the subject of a recent federal investigation into its foreclosure processes, will close, the firm confirmed Monday.

It is the second large default services firm to cease foreclosure operations in the wake of last fall's robo-signing scandal and the investigations it spawned. The closure notice came as Fannie Mae sent out a directive Monday that servicers are authorized to transfer Fannie Mae foreclosure or bankruptcy matters from the Baum firm to any other retained attorney network firm in New York.

In March, the Law Offices of David J. Stern in Plantation, Fla., one of the largest foreclosure firms in the nation, ceased foreclosure work.

The Baum firm also filed a Worker Adjustment and Retraining Notification, or WARN notice, with state, county and municipal labor agencies of an impending mass layoff.

"Simultaneous to the filing, employees at the law firm also were provided notification about the layoffs, Steven Baum said in an emailed statement provided to the media. "We will fulfill all of our obligations under WARN and during this process we will also fulfill our remaining work on behalf of our clients,” he said. “Disrupting the livelihoods of so many dedicated and hardworking people is extremely painful, but the loss of so much business left us no choice but to file these notices.”

The firm employs about 67 employees at its Amherst, N.Y., office and about 22 in Long Island.

Over the past two weeks, Fannie Mae and Freddie Mac both quit referring new cases to the firm.

Bloomberg reported Bank of America (BAC: 7.2282 -0.98%) and Ally Financial Inc. (GJM: 22.43 -0.62%) also stopped using the firm.

Like the Stern firm, Baum's rapid downfall commenced with the initiation of investigations into its practices and the subsequent decisions by Fannie and Freddie to quit sending new referrals.

Last month, the firm agreed to pay the Department of Justice $2 million and change its practices to resolve a probe of faulty foreclosure filings.

The agreement between the Baum firm and DOJ resolves an investigation over 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. It didn't constitute a finding of unlawful practice or wrongdoing, the U.S. attorney's office said.

In April, Attorney General Eric Schneiderman subpoenaed the firm. At the time, Baum said he was cooperating fully with Schneiderman's investigation.

In a public relations disaster, a New York Times column reported late October that the Baum firm held a Halloween party last year during which employees dressed as foreclosed-upon homeowners. The action further damaged the firm's standing.

This spring, New York Attorney General Eric Schneiderman began an investigation of the firm. At the time, the Baum firm said it was cooperating fully.

The firm said through an outside communications firm that it would not be granting any interviews or commenting further.

Write to Kerry Curry.

Follow her on Twitter @communicatorKLC.

Monday, November 21st, 2011

Housing starts, sales and prices have been flat for months, suggesting housing has hit its bottom, John Burns Real Estate Consulting said Monday.

Yet, a full recovery remains elusive even as the industry and government push for more loan modifications. To date, 72% of delinquent borrowers do not quality for HAMP, according to John Burns.

The Irvine, Calif.-based consulting firm foresees a slow recovery ahead. One that is weighed down by a lack of consumer savings, debt-to-income challenges and low move-up activity among borrowers who have high loan-to-value ratios on existing mortgages.

The study says three elements are holding home prices down: tighter underwriting guidelines on mortgage loans, distressed home sales and 2.4 million vacant residential properties that will take three to four years to occupy.

The consulting company concluded that loan modifications "are a waste of time" since borrowers are carrying too much debt. Based on Treasury Department reports, John Burns found that debt-to-income ratios before loan modifications are hovering around 45.2%. After going through a modification, the debt-to-income ratios remain in the 31% range.

The recovery may be slow going, but the John Burns report sees several silver linings on the horizon.

For starters, there are 2.4 million excess vacant homes and that number is expected to continue its downward trajectory. The excess housing vacancy level peaked at 3.2 million units in 2009 and has continued its steady decline since then.

The high inventory levels follow a decade of significant growth, where the nation's housing stock grew by 15.8 million units even though households only grew by 11.2 million, John Burns Real Estate Consulting said.

The good news is the nation currently has pent-up demand, and that is expected to boil over into the market in the next few years.

By 2015, John Burns Real Estate Consulting predicts 1.43 million in household growth and 1.2 million in new construction, creating a healthier balance, where household growth outpaces homebuilding.

In addition, 5.9 million Americans aged 25 to 34 are currently living with their parents, compared to 4.6 million in 2006. When that age group is ready to enter the market, they will boost demand for new and resale homes, as well as rentals.

Write to Kerri Panchuk.

Monday, November 21st, 2011

The Special Inspector General for the Troubled Asset Relief Program shut down more alleged online mortgage modification scams that charge borrowers an upfront fee for a workout that never comes.

Last week, with help from Google (GOOG: 574.82 +1.18%), SIGTARP closed 85 alleged scams that advertised on the search engine. Microsoft (MSFT: 29.2058 -1.00%), which powers the Yahoo! (YHOO: 15.58 +0.32%) and Bing browsers helped SIGTARP close another 40 schemes since.

Microsoft also suspended more than 400 Internet advertisers associated with the scam. Another 125 scams identified by SIGTARP were blocked permanently. Google suspended 500 advertisers.

"Many homeowners who have fallen prey to these scams were enticed by Web banner ads and online search advertisements that promised, for a fee, to help lower mortgage payments," said Christy Romero, deputy Special Inspector General for TARP. "SIGTARP's work in cutting off these Internet advertisements will immediately and dramatically decrease the scope and scale of these scams by limiting their ability to seek out and victimize struggling homeowners."

SIGTARP and agents of the Treasury Department have been working to uncover the online operations for some time and notified Microsoft, Yahoo! and Google about the list of alleged scams.

The alleged scammers, SIGTARP found, would promise troubled homeowners a modification in exchange for an upfront fee then advised the borrower to stop paying their mortgage and cease all contact with the lender.

Mortgage payments as well as the transfer of property deeds were often diverted to the alleged fraudulent modification firms, according to SIGTARP. In some cases the questionable websites would claim to have an affiliation with the federal government.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Monday, November 21st, 2011

Ratings agency DBRS says a proposed Senate bill to wind down Fannie Mae and Freddie Mac, while creating a national mortgage registry is the right remedy for sluggish private-market mortgage securitization.

The Residential Mortgage Market Privatization and Standardization Act was proposed earlier this month by Sen. Bob Corker, R-Tenn.

Sen. Corker's bill aims to terminate the government-sponsored enterprise side of the mortgage market within 10 years, and establish national standards on pooling and servicing agreements with a uniform electronic mortgage registration system that could resolve many of the legal issues and uncertainties associated with the mortgage securitization process.

The electronic registry would be similar to the Mortgage Electronic Registration System, or MERS, but would be designed with the intent of providing investors with more certainty about mortgage recordings during the securitization process, DBRS analysts concluded in their weekly U.S. structured finance newsletter.

The plan proposes the creation of an industry-financed database that publishes performance and loan data through a portal operating under the umbrella of the Federal Housing Finance Agency.

The bill aims to create a to-be-announced mortgage market with no government guarantees, while replacing the qualified residential mortgage and risk-retention requirements under Dodd-Frank with a standard 5% minimum down payment and a full documentation requirement.

Under Corker's plan, technology, home price indices and other systems owned by the GSEs would eventually be sold to private investors.

The plan garnered quite a bit of national attention due to Corker's focus on creating MERS 2.0, or a national uniform mortgage registry, to streamline mortgage transfers.

DBRS said MERS 2.0 "has the potential to resolve issues regarding the ownership and assignment of mortgages, which may alleviate MBS investor concerns regarding foreclosures on loans assigned" by MERS.

Write to Kerri Panchuk.



Origination/Lending
Consumer sentiment climbed to an index level of 75 in January, the best reading of the Thomson Reuters/University of Michigan...

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Secondary Markets/Investors
The new federal task force led by New York Attorney General Eric Schneiderman sent subpoenas to the 11 largest financial...

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