RSS Twitter

Archive for December, 2011

Tuesday, December 13th, 2011

The Senate Banking Committee voted to send the nominations of Carol Galante as Federal Housing Administration commissioner and Thomas Hoenig as vice chairman of the Federal Deposit Insurance Corp. to the full Senate for consideration.

Galante was approved 13 to 9. All Democrat members of the committee plus Sen. Bob Corker, R-Tenn., voted for her. Hoenig was approved unanimously.

President Barack Obama nominated Galante to head the FHA in October and named her acting commissioner in July. She was previously deputy assistant secretary for multifamily housing at the FHA’s parent, the Department of Housing and Urban Development.

Hoenig, served as head of the Federal Reserve Bank of Kansas City from 1991 to Oct. 1, 2011, and has been a prominent critic of large banks, saying they still pose a threat to the financial system.

At the hearing, Sen. Jim DeMint, R-S.C., opposed Galante's nomination, saying he was concerned about her lack of vision and sense of urgency in changing the course of the FHA, which some say may need a multibillion-dollar bailout from the Treasury. FHA refutes that notion.

Write to Justin T. Hilley.

Follow him on Twitter @JustinHilley.

Tuesday, December 13th, 2011

Bond insurer MBIA Inc. will pay Morgan Stanley $1.1 billion to settle a two-year-old legal clash over guarantees tied to commercial and residential real estate, according to a person familiar with the matter.

Talks that spanned the past two months between Morgan Stanley, MBIA and New York's top financial regulator, Benjamin M. Lawsky, culminated late Monday night in a settlement that resolves about $4 billion in insurance contracts Morgan Stanley bought from MBIA before the financial crisis, according to the person. Under the agreement, the insurance contracts Morgan Stanley bought from MBIA will disappear, ending the New York securities firm's costly entanglement with the insurer.

Tuesday, December 13th, 2011

U.S. home values continued their decline in October, falling 0.3% from September, according to Zillow (Z: 29.35 +10.26%), which noted that the rate of monthly depreciation has stabilized as the housing market heads toward the bottom.

On a year-over-year basis, the Zillow home value index declined 5.1% to $147,900. Home values have fallen 23.7% since their peak in May 2007.

The Zillow index tracks with recently released indexes from CoreLogic (CLGX: 14.56 +0.62%) and Lender Processing Services (LPS: 16.78 +1.39%), which also noted declines in the September/October time periods.

Regionally, 95 of the 156 of the metropolitan statistical areas covered by Zillow experienced monthly home value depreciation and 39 metros showed monthly home value increases. Twenty-two metros remained flat.

Some of the nation's hardest hit areas showed some stabilization. In Miami, home values were flat on a monthly basis while Phoenix and Detroit saw monthly gains of 0.2% and 1%, respectively.

But the housing market is far from healthy with only 10 metros seeing home value appreciation on a yearly basis with seven of those metros also having monthly appreciation, including Fort Collins, Colo., Madison, Wis., and Oklahoma City.

The foreclosure liquidation rate continued to decline in October with 8.1 out of every 10,000 homes in the country being liquidated, down from the all-time high of 10.7 out of every 10,000 in October 2010 — just prior to the robo-signing controversy.

"As expected, home values continue to fall in the back half of this year due to an abundance of housing supply relative to demand," said Stan Humphries, Zillow chief economist. "This crisis of consumer confidence along with high rates of negative equity, are the biggest factors hindering a housing recovery."

Zillow expects home values to fall another 2% to 4% before reaching the bottom in 2012.

The chart below (click to expand) shows what is happening in the 25 largest metros covered by Zillow.

Write to Kerry Curry.

Follow her on Twitter @communicatorKLC.

Monday, December 12th, 2011

Secondary market investors are steadily buying up collateralized mortgage obligations, according to the Financial Industry Regulatory Authority, which tracks recently issued structured products.

The rate of CMO buying is continually outpacing the rate of selling, FINRA said, in a trend going back six months.

Customer purchases from June through November total more than $90 billion since June, while cumulative broker-dealer activity for that period comes to approximately $15 billion.

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 Securities said that investors would see value in collateralized mortgage obligations. In that note, however, Amherst cited CMOs linked to Fannie Mae and Freddie Mac. FINRA is tracking private-issued CMOs.

CMOs have undergone widespread ratings downgrades since the credit downturn of 2009 and the majority of buyers are drawn to the higher risk tranches below triple-B, or tranches without a rating.

Write to Jacob Gaffney.

Follow him on Twitter @jacobgaffney.

Monday, December 12th, 2011

Big banks, including Wells Fargo (WFC: 29.60 +1.89%) and US Bancorp (USB: 27.86 +0.25%), are likely to outperform the rest of the financial services market in 2012, and homebuilders could see a start of the return to normal, according to a report from FBR Financial Services (FBRC: 2.16 +1.89%).

The investment bank predicted new mortgages will total $1.1 trillion next year.

Other banks receiving an outperform rating included Fifth Third Bancorp (FITB: 13.23 +1.15%) and PNC Financial Services Group (PNC: 59.08 +0.31%).

The banks recommended by FBR have all shown loan growth, according to the report, along with a strong deposit base and capital levels. The report said another round of originations through the Home Affordable Refinance Program will likely give mortgage bankers a boost. The outlook forecasts about $140 billion in HARP originations for next year.

Its $1.1 trillion new mortgage estimate for 2012 is rosier than the $900 billion predicted by the Mortgage Bankers Association. The trade group previously estimated about $1.2 trillion in mortgage originations for next year.

For homebuilders, FBR said eased unemployment and relaxed lending standards will hold the key for 2012. Solid definitions of qualified mortgages and qualified residential mortgages will make it easier for homebuyers to get financing.

Homebuilders Lennar Corp. (LEN: 22.28 +0.68%) and Standard Pacific Corp. (SPF: 3.93 +0.77%) received outperform ratings.

Qualified residential mortgages exempt from the Dodd-Frank Act's risk-retention rule will require a 20% down payment. Regulators continue to work on the risk-retention rule included in the Dodd-Frank Act.

"While many investors believe there is still time to wait on the builders as the housing picture incrementally improves, we believe now is the time to buy homebuilders to fully participate in the eventual market recovery," the outlook said.

The report also said regulatory issues will continue to weigh on mortgage insurance groups, and the "extremely profitable" new business drawn in will take time to make a mark on balance sheets. FBR gave an outperform rating to MGIC Investment Corp. (MTG: 4.14 +6.98%), and said Radian Group (RDN: 2.66 +2.70%) will perform at market levels.

In respect to real estate investment trusts, the report said hybrid models offer "potential stock price appreciation," though recommended investing in a mix of agency, hybrid and commercial REITs. Starwood Property Trust (STWD: 19.71 +0.31%) received an outperform rating.

The 2012 election will likely have a big impact on the financial services sector as well. The report said a Republican in the White House, along with GOP majorities in the House and Senate, would likely result in outcome "viewed favorably for financials."

The report, however, expressed concern on how a Republican-controlled government would handle reform of the government-sponsored enterprises. Sen. Johnny Isakson, R-Ga., introduced a bill Thursday that would privatize Fannie Mae and Freddie Mac.

Another recession, the report said, would lead to fewer home purchases and mortgage originations, as well as heightened default rates.

Write to Andrew Scoggin.

Follow him on Twitter @ascoggin.

Monday, December 12th, 2011

Some players in the financial industry look favorably upon new issuance of commercial mortgage-backed securities.

The CMBS market is currently benefiting from tightening spreads and a slowing loan default rate. Further, newly structured CMBS 2.0 differs from pre-bust deals in that there are more loans pooled and less perceived operational risk.

"With the dearth of capital in the space and banks really not lending in the space yet, the gap in spreads to us is very attractive," said James Camp, managing director of fixed income at Eagle Asset Management, regarding CMBS.

While U.S. equities were a model of volatility late last week, the CMBS market was unflappable, according to analytics firm Trepp. As U.S. stocks unraveled last Thursday, CMBS spreads moved only a hair wider. When stocks rebounded on Friday, the CMBS market, again, barely budged.

"I think CMBS is going to do better than people think," Camp said. "The new deals are coming well-structured relative to historic deals that have been through the wringer, so the new issue market actually appeals to us."

Camp said he likes the convexity, the measure of the bond to changes in interest rates, of CMBS 2.0.

CMBS issued in 2001 weathered two financial downturns, making them solid examples of what CMBS underwriting should look like in the future, a Fitch Ratings report said last week.

To counteract the fall in underwriting standards, Camp said Eagle Asset looks at property types such as multifamily that are diverse geographically and in type. The firm stays away from CMBS comprised of industrial, medical, office and retail loans.

"We don't do a lot of lumpy deals where there are single tenants or big anchor properties that can get in trouble," Camp said.

Delinquencies on commercial mortgage-backed securities declined for the fourth consecutive month in November, suggesting this segment of the market is holding up, according to Fitch Ratings.

New delinquencies in November hit $1.8 billion, but were offset by $2.2 billion in resolutions.

But half of all these new delinquencies were tied to office loans. When evaluating all CMBS loan types — office, retail, multifamily and hotel — the largest percent gain in delinquencies occurred in the office property space.

The delinquency rates for commercial mortgages held by banks and in CMBS fell slightly in the third quarter, while delinquencies for loans held by life insurance firms rose, according to the Mortgage Bankers Association.

"It's hard to paint a broad stroke of the whole asset class because it is deal-by-deal," Camp said. "We prefer the commercial side over the residential side as a general rule right now."

Write to Justin T. Hilley.

Follow him on Twitter @JustinHilley.

Monday, December 12th, 2011

National Asset Direct raised $10 million in investor cash to grow and align the company's mortgage services platform.

"Securing additional capital in these turbulent financial times clearly demonstrates the faith that the investment community has in us and will enable us to increase our market share," said Ralph DellaCamera, chairman at NAD.

"While others have been forced out of the industry, we have supported the growth of our platforms, optimized capital preservation and demonstrated strong risk-management skills," he added.

NAD is part of iServe and xplair Technology. NAD and its affiliates will look to invest a significant portion of capital in the distressed residential mortgage arena.

iServe companies use a vertically integrated platform to purchase and dispose of distressed mortgages. The companies also work in mortgage originations, servicing and REO management.

Approximately $6.4 million will initially be invested in these operations as well as the development and marketing of xplair’s asset management software.

Operations at NAD will be centralized in New York and San Diego.

Write to Jacob Gaffney.

Follow him on Twitter @jacobgaffney.

Monday, December 12th, 2011

Congressional leaders want to use the government-sponsored enterprises as a gift card for the taxpayers.

Sen. Bob Casey, D-Pa., drafted legislation that looks to deposit the guarantee fees of Fannie Mae and Freddie Mac directly into the coffers of the Treasury, in order to maintain the payroll tax cut.

It is akin to giving Bill Gates an update to Microsoft Silverlight for Christmas.

But the larger question is at what point will the continued and sustained slaps to the face of Fannie and Freddie stop?

Perhaps never. Casey clearly is joining the chorus of the thought machine that dictates the GSEs must be treated as pariahs.

But at what costs? Do we really need to take the money the GSEs earned for their services? It is not enough, in Casey's view that 10% of GSE revenue every quarter goes to the Treasury until everything is paid back.

And these slim pickings must then go into the single basket of the Treasury?

The problem is more than a little distressing. It is understandable to say that Fannie and Freddie need to be dealt with strongly. It's well established that the villagers are waving pitchforks and torches outside the gates of the GSEs.

It is very important the single largest investor in the GSEs, the American taxpayer, gets every single penny back. But let's put some perspective on this.

The national political milquetoast so far appears incapable of reaching a solution to the GSEs. So excuse me for the vote of no confidence here.

What's more, Congress is especially incapable of managing the nation's debts.

The sovereign rating is facing another downgrade due to the lack of a deficit reduction plan. This is a rating nearly independent of the GSEs and it is that directly impacts the operations of Fannie and Freddie, and now this legislation appears to say that we need to rob Peter to pay Paul.

Money paid into the Treasury can end up anywhere. There is no Federal Housing Finance Agency overseeing that operation. Further, the accountability the public enjoys today — the parading of CEOs in front of Congressional-appointed panels to talk about their pay — will be sucked into the Treasury along with the g-fees.

Fannie and Freddie are in conservatorship; they cannot fight back.

That doesn't mean we should sit back in silence and allow illogical ideas on mortgage finance to move forward.

Indeed, this is one piece of legislation that needs to be regifted.

Happy holidays.

Write to Jacob Gaffney.

Follow him on Twitter @jacobgaffney.

Monday, December 12th, 2011

The Federal Housing Finance Agency sued Chicago to prevent the enforcement of a recent ordinance forcing the maintenance of vacant homes before the foreclosure process is completed.

The nation's third-largest city, which has more than 18,000 vacant homes, passed the ordinance in July, which requires owners of these vacancies to pay a $500 registration fee. The GSEs reimburse servicers for property maintenance work.

The FHFA claims in a lawsuit filed with the U.S. District Court for the Northern District of Illinois that the ordinance forces Fannie Mae and Freddie Mac to comply "even when the enterprises have not foreclosed upon a property and therefore do not have ownership of the property."

Should a lender fail to comply with the ordinance, fines and penalties could mount to as much as $1,000 per day of noncompliance.

The FHFA claims in the suit the ordinance keeps it from "preserving and conserving" the assets of Fannie and Freddie as Congress mandated in 2008. Both firms owe the Treasury Department a combined $151 billion in bailouts as a result of the conservatorship.

Fannie and Freddie put out guidance to their servicers Monday. Lenders will be enlisted to help the GSEs track amounts paid to the city of Chicago under the ordinance for properties that have not been foreclosed upon. Servicers will also be required to report any payments or other costs paid to repair properties that haven't been foreclosed on without the ordinance in place.

The servicers and lenders for Fannie and Freddie will also prepare reports on the future pricing of mortgages and refinances.

Fannie and Freddie plan to release specific guidance on how to do this soon.

Moody's Investors Service recently concluded the ordinance would restrict lending in the city and drive up costs for those home loans being written. The GSEs spent nearly $1 billion in property preservation in 2010, according to the Government Accountability Office. The GAO added these properties can reduce neighboring home prices as much as $17,000.

In a letter to the general counsels of Fannie and Freddie, the FHFA said it will be looking at other jurisdictions that put similar rules in place. Las Vegas, another city straddled with thousands of foreclosures, passed a similar ordinance in December.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Monday, December 12th, 2011

Former Federal Deposit Insurance Corp. Chair Sheila Bair will not assume any post to ensure major banks comply with the foreclosure settlement from attorneys general.

A group of AGs are nearing a deal, maybe as soon as Christmas. Bloomberg reported Bair was a top candidate for the position. She appeared on CNBC Monday rejecting the claim.

"No. I'm not," she said. "I have a lot of commitments right now. I hope they get someone very good and very important."

Bair was a strong supporter of tougher mortgage servicing standards while at the FDIC. She left in July to join Pew Charitable Trust as a senior adviser.

The multistate group of AGs launched their investigation in October 2010 when servicers were found to be signing affidavits en masse and without a proper check of the loan documentation before filing with local courthouses.

The AGs then formed a negotiation committee shortly before the summer of this year. But officials from New York, California, Nevada and Massachusetts split from the group to pursue their own investigations and file their own lawsuits.

A spokesman for Iowa AG Tom Miller, who is leading the multistate group, declined to comment.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.



Origination/Lending
Kenneth Bacon, executive vice president of the Fannie Mae multifamily mortgage business, is retiring after 18 years at the mortgage...

Read More »

Servicing/Default
The serious delinquency rate for Federal Housing Administration mortgages reached 9.6% in December, the highest level in more than two...

Read More »