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Archive for December, 2011

Friday, December 30th, 2011

President Barack Obama will delay his request to raise the debt ceiling after congressional leaders asked for time to consider the timing of votes.

The president originally announced plans to ask for the $1.2 trillion increase in late December in accordance with the Budget Control Act passed in August. He delayed on the request on Friday.

The act allows the president to submit a written certification to Congress when the national debt is within $100 billion of the limit. The Treasury Department said that would happen by the end of business Friday, according to White House principal deputy press secretary Josh Earnest.

"The administration is in discussions with leaders in both houses to determine the best timing for submission of the certification and any subsequent votes in the two houses," Earnest said in a statement.

The increase would raise the debt ceiling to nearly $16.4 trillion, a record high. The president already raised the debt ceiling twice by a total $900 billion since the Act passed in August.

The latest request would pass automatically after 15 days, unless a joint resolution by Congress disapproves. Obama can veto that resolution.

Write to Andrew Scoggin.

Follow him on Twitter @ascoggin.

Friday, December 30th, 2011

MGIC Investment Corp. (MTG: 3.787 -2.14%)  poured $200 million into its principal insurance operation, Mortgage Guaranty Insurance Corp., to ensure the company can continue writing new business without regulatory risk.

With the new capital injection, MGIC Investment Corp. said it's now able to write new mortgage insurance business nationwide "without the need for any waiver of capital requirements."

MGIC said for the past couple of years it has been executing a strategy to ensure it meets all regulators' capital requirements for mortgage insurers. The company obtained a capital requirements waiver from the Office of the Commissioner of Insurance for the State of Wisconsin two years ago.

In 2009, the company also obtained approvals from Fannie Mae and Freddie Mac to allow the firm to continue on as an eligible insurer for the GSEs if MGIC is forced to no longer write new business in specified jurisdictions.

The Wisconsin regulator's waiver and Fannie Mae's waiver expire Dec. 31, while Freddie's waiver lasts through the end of 2012. However, MGIC said in a statement Friday, the $200 million cash infusion into the mortgage insurance subsidiary allows the firm to meet all regulatory requirements and remains an eligible insurer for both of the GSEs.  In addition, the insurer said it meets those requirements without the need for a waiver.

Still, the firm said, "[W]e expect MGIC's capital to diminish in 2012 and thereafter. Thus, we remain in discussions with OCI, Fannie Mae and Freddie Mac regarding the terms under which this strategy may be continued."

Write to Kerri Panchuk.

Friday, December 30th, 2011

European lender HSH Nordbank AG filed suit against Ally Financial Inc. (GJM: 22.43 -0.62%), JPMorgan Chase (JPM: 37.25 -0.64%), Barclays (BCS: 14.01 +0.57%) and other associated entities for securitizing, selling and, in some cases, underwriting, residential mortgage bonds while allegedly misrepresenting the financial risks tied to the underlying loans.

The German bank filed three separate suits against the global financial firms. Overall, HSH Nordbank claims it acquired more than $290 million in RMBS from the three firms and related defendants. Other parties named as defendants in the suits include Credit Suisse Securities and Countrywide Securities Corp.

In the case against Ally Financial Inc., HSH Nordbank contends Ally and other parties sold $130.3 million in RMBS, with the multiple defendants involved in every step of the process, including underwriter, seller, sponsor and broker-dealer of the security offerings.

HSH Nordbank claims Ally Financial defendants made "material misrepresentations and omissions regarding the underwriting standards used to issue the mortgage loans that were pooled together into the offerings." The complaint further alleges that other misrepresentations were made about the validity of mortgage loan assignments to trusts formed to hold the loans.

The complaint alleges the defendants understated the 'risk profile' of the mortgage bonds and officially accuses Ally Financial, GMAC Mortgage Group Inc., Residential Capital LLC and GMAC RFC Holding Co. of fraud, fraudulent inducement, negligent misrepresentation, aiding and abetting as well as contract claims.

Similar allegations were levied against Barclays Bank in a separate complaint in which HSH Nordbank claims it acquired $46 million in toxic RMBS securities from the global financial firm.

In the third complaint, the European lender said it acquired $116.7 million in RMBS backed by risky mortgage assets from JPMorgan Chase and multiple other parties.

The suit alleges security offering materials submitted to HSH Nordbank "contained material misrepresentations and omissions regarding key statistical characteristics of the mortgage loans underlying the securities, including the loans' loan-to-value ratios and combined loan-to-value ratios, as well as the percentage of owner-occupied properties."

Owner-occupied properties are generally considered safer risk assets, while homes that are not lived in by the actual mortgagee are considered greater risks for financial firms and investors in RMBS.

Write to Kerri Panchuk.

Friday, December 30th, 2011

Dutch pension fund Stichting Pensioenfonds ABP filed suit against banking giant Credit Suisse (CS: 26.64 -0.26%), claiming the global bank sold the fund residential mortgage-backed securities without disclosing the toxic nature of the mortgages serving as collateral.

The suit, which does not mention how much the fund purchased, claims the pension fund is one of the three largest of its kind in the world.

In its complaint, the fund, which is based in the Netherlands, claims Credit Suisse made false and misleading statements about the RMBS it sold to the fund and failed to note the fact that many of the borrowers were not creditworthy based on the types of loans they obtained.

The securities were either originated through Credit Suisse or purchased through third-party originators.

Credit Suisse declined to comment on the suit Friday.

Stichting Penioenfonds claims in the complaint that Credit Suisse knew many of the loans had major underwriting faults and even demanded compensation from third-party originators for failing to follow accurate underwriting guidelines. However, the plaintiff claims that after obtaining compensation, Credit Suisse never passed the funds recovered to the trusts that held the loans or to RMBS investors.

Instead, the fund claims Credit Suisse left the loans in their securitization pools and resold the loans back to the originators while also buying them back at a lower price. Even though this process helped the bank retrieve some of its losses, the pension fund says those savings were never passed on to investors.

Write to Kerri Panchuk.

Friday, December 30th, 2011

Florida Attorney General Pam Bondi is asking the state's 4th District Court of Appeals to issue a procedural ruling in the David J. Stern robo-signing investigation, so her office can appeal to Florida's highest court.

Bondi is specifically asking the court to certify that its holding in the Stern law firm robo-signing case is one of public importance, thereby green-lighting her ability to file an appeal that will get the decision pushed past the 4th District to the Florida Supreme Court.

The court of appeals in its David J. Stern v. State of Florida decision said the AG's request to subpoena documents from the foreclosure firm as part of a robo-signing investigation was not valid under the Florida Deceptive and Unfair Trade Practices Act, which gives the AG authority to investigate consumer practices and subpoena records.

The court found that the AG's investigation is not one involving trade or commerce, but is specifically tied to the law firm's use of those documents for court purposes, making it a question related to the practice of law, rather than a trade practices or commerce issue.

However, Bondi's office replied saying the court made note of the AG's concerns and acknowledged that the questions related to mortgage documentation issues are significant.

"This court realized that the creation of such invalid documents and their use were widespread and harmful," the court said. "We conclude that this is a question of great public importance, as many, many mortgage foreclosures appeal tainted with suspect documents. Thus, while this court did not grant the homeowner-defendant in Pino their requested relief, it understood the magnitude of the issue by certifying a question to the Supreme Court."

In a statement, Bondi's office said if it obtains permission to appeal, it will ask the Florida Supreme Court "whether the creation of invalid assignments of mortgages by a law firm and subsequent use of such documents by the firm in foreclosure litigation on behalf of the purported assignee is an unfair and deceptive trade practice which may be the subject of an investigation by the Office of the Attorney General."

The Law Offices of David J. Stern ceased foreclosure work in March 2011 not long after Fannie Mae, Freddie Mac and large mortgage servicers pulled their foreclosure work from the firm. That came in the wake of robo-signing investigations launched by former Florida AG Bill McCollum involving several Florida foreclosure law firms.

It was one of several large default services law firms that had a rocky year.

The Florida AG's office and Marshall C. Watson and his law firm agreed on a $2 million settlement in connection with the AG's investigation into foreclosure improprieties at the firm.

Florida foreclosure default law firm Ben-Ezra & Katz laid off 236 staff members in February after learning Fannie Mae would be pulling all of its default servicing business from the firm. In May, attorneys at the firm firm Ben-Ezra & Katz escaped a contempt of court ruling, but still faced sanctions for the sloppy handling of a Florida foreclosure case.

Write to Kerri Panchuk.

Friday, December 30th, 2011

After losing four buyers and waiting 379 days for a short sale to get approved on a Tierra Verde home, Realtor Liane Jamason asked for a Christmas miracle Tuesday afternoon.

She got one.

The agent at Smith & Associates Real Estate pleaded for help after finding email addresses of top officials at Freddie Mac, a government-backed mortgage giant that insures millions of mortgages.

She wanted them to prod officials at U.S. Bank to approve the deal.

Friday, December 30th, 2011

Home sales in Las Vegas increased 11.2% year-over-year in November thanks to soaring demand in the sub-$200,000 market, DataQuick said Friday.

The real estate analytics firm said prices remained flat and fell 3.1% between October and November.

However, last month was the 11th consecutive month in which Vegas re-sales experienced annual price gains.

Still, the average sales price is low, with more affordable homes dominating the market.

The median sales price in Las Vegas remained at $115,000 for the third consecutive month in a row.

The number of November home sales with transaction prices in the below $100,000-range grew 32.8% from last year, representing 41.6% of all deals for the month.

Meanwhile, the number of sales below $200,000 rose 16.5% year-over-year.

Higher-end sales declined, with transactions in the above $200,000-threshold declining 8.8% from a year ago.

Last month, the Las Vegas-Paradise metro area saw 4,460 home sales.

From the time period stretching from January to November, DataQuick said 45,637 homes sold, which is up 8.6% from last year — the highest it has been since 2005 when 56,512 houses sold.

Write to Kerri Panchuk.

Friday, December 30th, 2011

An index from Standard & Poor's shows a narrowing gap between the cost of buying a house and renting.

David Blitzer, chairman of the company's index committee, said the rent-buy price ratio from October "shows not extreme favoritism" either way, as it moves toward a long-run average near 90.

S&P calculates the index using the 10-city composite of the S&P/Case-Shiller home price index, as well as the consumer price index for rental of a primary residence.

The most-recent HPI showed home prices declined about 1.1% in the 10-city composite for October from a month earlier.

The rent-buy ratio has a 1987 benchmark reading of 100. Vertical movement on the index indicates a price difference, with upward movement showing an increase in rental prices, and vice versa.

Rental costs peaked in the late 1990s when the index approached 120, and buying costs topped out at a reading near 50 in the housing boom of the mid-2000s. The index has moved closer to average levels since the ensuing housing bust.

Some housing analysts look positively on rentals in projections, including Stuart Eisenberg at BDO USA, who sees residential rentals as one of the few bright spots in 2012.

In a separate measure, S&P said house prices fell in comparison to disposable income per person. The ratio fell to 90, well below the average value of 102 since 1987. "Houses are almost cheap" according to the measure, Blizter said.

Write to Andrew Scoggin.

Follow him on Twitter @ascoggin.

Friday, December 30th, 2011

If banks ramp up next year and begin moving backlogged foreclosure inventory onto the market, homeowners and buyers could see further home price drops and those declines could go as deep as 10% to 15%, said Lance Roberts, CEO, economist and chief strategist at Streettalk Advisors.

Yet, Roberts in his forecast for 2012 adds a bit of humor to his predictions. He is confident, but not overly committal to a forecast, and chuckles when pointing out that the media and mainstream financial analysts previously called for home price bottoms in 2010 and 2011. Now many are forecasting a bottom in 2012, but Roberts is careful to recognize all the many knowns and unknowns that weigh on economies.

"I am in the camp that we are going to have slower economic growth (in 2012)," he said.

Currently, other analysts are projecting 2% to 2.5% growth. Roberts sees a sub-2% or 1% growth rate for next year.

"There is a current belief that the U.S. can grow even as China slows and the eurozone goes into recession," Roberts said in an interview with HousingWire. "But 20% of our exports go to the eurozone. If they go into recession, it is going to be difficult for us to avoid a recession without some type of stimulus program."

As far as gaining political capital for a third round of quantitative easing, Roberts says the Federal Reserve doesn't need it since it functions independent of Congress. "Ben Bernanke can launch a third round of quantitative easing if he chooses to do so. I think there is a likelihood we could see more stimulus," he said. Still, he says that move is contingent on what happens in Europe, China and stateside.

Roberts describes the housing market as one that is still undergoing a series of changes.

He points out that a majority of recent housing starts occurred in the multifamily apartment segment, suggesting more Americans are deleveraging and realizing not everyone will own a home.

Roberts doesn't view the past downturn or the possibility of a coming recession with doomsday glasses. Based on the supply and demand curve, the 2008 crisis was a long-time coming because government policy created a decade-long imbalance where homes were truly out of reach for borrowers and cheap credit made up the difference, he believes.

He sees recessions — when handled properly and without too much intervention — as the solution to getting demand and prices in line.

"Let's think about the average American salary," he said. "They make $55,000 a year. They now have to come up with a 20% down payment. Gone are the days of ninja loans. It's going to be harder for them to qualify to buy a house. If that is the situation, prices will have to fall further than the historic norm."

This is where Roberts throws out the possibility of another 10% to 15% home price decline.

But Roberts is more optimistic in one way: he sees recessions as a natural occurrence of a functioning marketplace. "They are a natural part of a market cycle," he said. "If the economy just goes up, things get excessively expensive and you set yourself up for a 2008-type crash."

He believes the recent pain is the result of government involvement in pushing homeownership and cheap credit. "The American Dream has never been homeownership," he said. "It was to have an opportunity to create a better life for yourself."

His verdict on the years leading up to the crisis and the past few years: "We basically tattooed American society with a horrible investment structure."

Write to Kerri Panchuk.

Friday, December 30th, 2011

Mortgage Electronic Registration Systems secured a legal victory this week when the Denver-based 10th Circuit Court of Appeals upheld three lower court opinions granting MERS the right to foreclose when the company is listed as nominee of the note.

The appellate case — Commonwealth Property Advocates v. MERS — dealt with three foreclosure cases on appeal. The homeowners argued the securitization structure prevents MERS from having a right to foreclose since investors with an ownership stake in loans held in trust never received a chance to approve the foreclosure action. Commonwealth Property Advocates became the plaintiff after the homeowners conveyed their properties to the entity.

The central issue debated on appeal was whether the "securitization of a note renders the holder of the underlying trust deed and its nominees unable to foreclose absent authorization by every investor holding an interest in the securitized note."

The argument plays off the securitization process, which begins with an originator and a series of subsequent loan sales and assignments. Home loans that are securitized and sold to investors end up in a trust with investors generally retaining ownership in the form of their investments in the loan pool.

The plaintiffs further allege that Utah law prevents MERS from taking this type of action.

However, the 10th Circuit, which reviewed Utah appellate court decisions, upheld MERS ability to foreclose, saying the deed of trust specifically gave MERS the right "to foreclose on behalf of lender and lender's successors and assigns."

The court analyzed the Utah law cited by the plaintiffs and declared that the trustee in the case, ReconTrust, possessed authority to foreclose.

The court's final interpretation recites holdings from other Utah appellate and district courts where judges looked to the text of the actual contract and held the language of the document gives MERS foreclosure authority.

The 10th Circuit includes the six states of Oklahoma, Kansas, New Mexico, Colorado, Wyoming and Utah, plus those portions of the Yellowstone National Park extending into Montana and Idaho.

Write to Kerri Panchuk.



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