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Archive for December, 2011

Friday, December 9th, 2011

The Federal Housing Finance Agency is looking into contracts between the government-sponsored enterprises and mortgage servicers to determine the best step to take when a servicer underperforms.

In the third quarter, Fannie Mae bought back mortgage servicing rights from Bank of America (BAC: 7.29 -0.14%) covering $74 billion in unpaid principal balance, according to its third-quarter financial statement. It was 11% of the Fannie loans being serviced by BofA.

The move sparked outrage that a company currently being propped up by taxpayers was giving another "bailout" to a major bank. Fannie said in its filing that it was transferring the higher-risk loans to special servicers better able to handle them.

During a hearing last week, lawmakers on the House Financial Services Committee pressed FHFA Acting Director Edward DeMarco on why his office approved the deal.

"Does Bank of America continue to get servicing business from Fannie and Freddie, and if so why would the GSEs continue to give servicing rights to a company that has been so problematic it required Fannie to buy back servicing from them?" asked Rep. Maxine Waters, D-Calif.

"I'm not too happy about it, either," DeMarco replied, "but it was respectful of the business contracts in place. It was a prudent market transaction. It was designed to both minimize potential losses to Fannie and Freddie and improve borrower outcomes by getting these high-risk mortgages in the hands of a servicer that had better demonstrated a capacity to work with these kinds of difficult situations to get the borrower in a better outcome."

When pressed on the contradiction, DeMarco said his office is looking into the contracts.

"That is something (BofA) owns. They have those MSRs (mortgage servicing rights). Those servicing rights have been transferred and there has been a tremendous amount of work by Fannie and Freddie to go into Bank of America, work with Bank of America on enhancing the way they go about doing their servicing," DeMarco said. "I can assure you, we are looking at those sorts of contract terms on a go-forward basis."

An FHFA spokesperson later clarified to HousingWire what the agency will be looking for in the reviews.

"Lender performance and accountability and contract enforcement are priorities and support the tenants of conservatorship. One example is the work in foreclosure timeline compensatory fees under (the servicer alignment initiative)," the spokesperson said. "Additionally, we are currently conducting comprehensive reviews of seller servicer contracts to understand appropriateness of contractual provisions for nonperformance."

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Friday, December 9th, 2011

Bank of America (BAC: 7.29 -0.14%) is looking at a new program to rent a home back to the borrower after foreclosure.

"There are programs that we are quite interested in," said Ron Sturzenegger, who leads the bank's legacy asset servicing division, in an interview with HousingWire. "We are talking with investors that would come in and buy these houses and would lease them back to who would now be the now tenant."

In February, BofA formed the division to handle the servicing for delinquent mortgages, loans no longer being written, and to sort out outstanding representation and warranty claims. Currently, more than 35,000 employees at the bank are sorting through 1.1 million loans 60 days delinquent or worse, according to its third-quarter financial statement.

The Federal Housing Finance Agency is working on an REO rental program for Fannie Mae and Freddie Mac. It received more than 4,000 ideas on how to do it.

But private banks own $50.4 billion worth of REO properties, too, according to the Federal Deposit Insurance Corp., and millions of these homes are sitting vacant.

Sturzenegger described how their idea would work.

"We are looking at programs where you can capture somebody before the REO process and offer a deed-for-lease. We would go to the customer and say, 'We'll do a short sale. Will you be interested in leasing your property back? We're still going to sell the property. You will no longer be the owner. But you can be a tenant now in that same property and save you from moving on,'" he said.

Sturzenegger stressed the bank would still sell the REO as before in areas where there is a market for them and they can still get reasonable bids. But some areas are so saturated with inventory, there isn't enough investor or homebuyer demand and properties can sit for years uninhabited.

Rick Sharga, the executive vice president at Carrington Mortgage Holdings, said in an interview that many firms, including Carrington are preparing to participate.

"We already have the infrastructure and assets in place to participate effectively," he said. "Everyone is waiting on final direction from the FHFA."

Sturzenegger stressed the private program at BofA is in its infancy.

"It's in the very early stages," he said.

Jacob Gaffney contributed to this report.

Write to Jon Prior.

Follow him on Twitter @JonAPrior.

Friday, December 9th, 2011

The issuance of agency mortgage-backed securities in 2012 will fall slightly from 2011 levels due to credit tightening and further home value decline, according to the Royal Bank of Scotland (RBS: 8.71 +1.16%). Still, demand for agency MBS will remain strong.

Fannie Mae and Freddie Mac will likely take a hit as more property investors are expected pay cash, as opposed to taking out mortgages, to purchase foreclosed homes. As a result, RBS analysts expect issuance of securities from properties purchased out of real estate owned pools to decrease.

The refinancing of mortgages from non-agency (private) to agency (Fannie, Freddie) will continue next year, but to a lesser extent than 2011 because of increased emphasis on winding down the government sponsored enterprises and returning capital to private market lending.

GSE temporary loan limits for high cost areas expired — the max loan size is now $625,500, from $729,750 — leaving Ginnie Mae and the private market as the only sources of origination for loans exceeding the new limits, RBS said.

Fannie Mae and Freddie Mac also remain subject to portfolio limits as dictated by their conservatorship agreement. Each agency's portfolio must be less than $729 billion at the end of 2011 and $656.1 billion at the end of 2012.

"While we expect net runoff will suffice, we think selling and securitizing loans on balance sheet is a way they could reduce their portfolio sizes further," the analysts said.

On the upside, RBS analysts said demand from the Federal Reserve, domestic banks, real estate investment trusts and foreign investors should remain healthy.

Similarly, a Deutche Bank (DB: 44.44 +2.40%) analyst said Thursday that Fannie Mae and Freddie Mac may struggle to keep up with investor demand for mortgage bonds in 2012, potentially due to dwindling decline.

RBS estimates $960 billion in agency MBS issuance for 2012, 18% lower than 2011's total of $1.165 trillion.

Write to Justin T. Hilley.

Follow him on Twitter @JustinHilley.

Friday, December 9th, 2011

Investors with cash who want to boost stakes in real estate are taking advantage of tighter lending policies at mortgage lenders by demanding a closer relationship with their fund manager, according to a report by financial services provider State Street (STT: 39.06 +0.72%).

Demands by pension funds, sovereign wealth funds, insurance companies and other high-net-worth investors include greater flexibility in their real estate investments as a consequence of their experiences during the financial crisis when investors found themselves locked into funds they could not exit quickly enough.

"Real estate fund managers are finding that potential and current investors are looking for more one-on-one conversation, both at the outset of their investment and during the life cycle of the fund," according to the State Street report.

Some fund managers are having to consult with investors on fee levels and strategy prior to set-up. And large institutional investors providing seed capital to a fund are likely able to negotiate lower fees than subsequent investors.

Additionally, standard periodic reporting is not satisfying some investors' demands for improved insight into the fund and the performance of underlying assets in which they are invested.

"At the same time, investors are seeking greater comfort by looking to negotiate terms," the report states.

However, the details of fund managers' strategies, which could be passed to competing funds or to competing property owner and investors, could adversely affect the fund and its other investors.

Therefore, one challenge for fund managers is striking a balance between meeting these demands while protecting commercially sensitive information, State Street concluded.

Write to Justin T. Hilley.

Follow him on Twitter @JustinHilley.

Friday, December 9th, 2011

Top real estate markets in the United States are beginning to cool down, according to Clear Capital, a provider of housing data and valuation services. The markets are still growing and improving, its latest report finds, but not at the rates seen in recent memory.

"Even though as a whole, this group hasn’t experienced returns this low since June 2011, each of the 15 markets continued to post quarterly gains," the Clear Capital report states. "The overall performance of the group has stabilized and tightened, with only 3.1% separating the highest performing market, Washington, D.C., from the 15th place market, Cleveland."

Four Florida markets — Orlando, Tampa, Jacksonville and Miami — continue to keep their positions among the highest performing markets quarter-over-quarter, rebounding from the steep drops and high levels of foreclosures they experienced over the past two years, the report states.

According to Clear Capital, Orlando and Miami also show strong year-over-year performance, topping the list with 5.9% and 5.4% growth respectively.

"The strong upward price movement for these Florida markets has correlated with a 12% drop in REO saturation over the last year at the state level," the report says. "The growth in Florida’s MSAs must be described in proper perspective against the state’s precipitous -59.1% drop in prices from peak values in 2006 to today."

Atlanta is now the market feeling the most acute drop in housing. The city is down nearly 20% year-over-year and the REO saturation rate is reaching 43%, second only to Las Vegas and Detroit.

Write to Jacob Gaffney.

Follow him on Twitter @jacobgaffney.

Friday, December 9th, 2011

Lender CWCapital announced plans to grow its multifamily real estate business, hiring a new executive for its Boston-area office.

Todd Trehubenko joined CWCapital, a subsidiary of CW Financial Services, as its managing director of multifamily operations. He last served as CEO at Recap Real Estate Advisors, also in Boston.

CWCapital expects to close about $4 billion in multifamily loans this year, according to a release, and will launch a small origination team in its Irvine, Calif., office in the first quarter.

The company acquired $2.6 billion in mortgage servicing rights from Citigroup (C: 30.87 +1.61%) in November, and now services a loan portfolio of about $16 billion, including the Stuyvesant Town-Peter Cooper Village complex in Manhattan.

The tenants association of Stuy Town and Brookfield Asset Management recently reached a deal that would result in residents buying their apartments. CWCapital must approve the deal.

Write to Andrew Scoggin.

Follow him on Twitter @ascoggin.

Friday, December 9th, 2011

Mortgage finance industry consultancy firm Newbold Advisors acquired mortgage tech advisory firm The Summit Point Group to expand its home loan technology and origination services.

Newbold Advisors advises mortgage bankers, Fannie Mae and Freddie Mac, investment banks and commercial lenders. It offers support related to servicing, loss mitigation, technology, originations, accounting and risk management.The Summit Point Group primarily provides technology solutions for the mortgage industry.

Financial terms weren't disclosed, and Newbold Advisors named Summit Point President David Coleman managing director of technology solutions.

"The marriage of Summit Point's business-oriented technology consulting practice to Newbold's competency in process improvement and operational controls represent perfect synergy for our clients, who are looking to reduce costs while improving process controls," Coleman said.

The firm will be expanding its origination consulting practice as well as its litigation support.

Three other managing directors were hired to accommodate the firm's growing practice areas. Michael Wade was added to Newbold's origination operations practice; Sally Bartholmey will serve as managing director of Newbold's litigation support practice; and Patrick Drimmer will head the firm's call center and BPO practice.

Write to Kerri Panchuk.

Friday, December 9th, 2011

Existing home sales could tick up in 2012, leading to the sale of 5.5 million units, but price declines are still expected for the next few months.

JPMorgan Chase (JPM: 37.21 -0.75%) made that conclusion in its latest North America securitized products research report. Analysts forecast home prices could fall another 5% between Sept.30 and the first part of 2012.

That estimation is in line with a 5% home price decline reported by JPMorgan Chase six months ago for the period running up to the first part of 2012.

JPMorgan Securities concluded that if existing home sales fail to reach the 5.5 million level next year, the nation could be looking at another 5% decline in home prices in 2012. Overall, by the end of 2011, home prices will have dropped 3% this year and are expected to fall another 1.6% in 2012.

While the report is not overly optimistic, it does take note of several positive developments, including higher demand in November, increased consumer confidence and an uptick in job gains during the month.

But risks still remain, making it impossible for the report to paint a glowing picture of the housing market's future in 2012.

"There is also a potential risk that banks tighten lending standards even further if the European debt crisis deepens," JPMorgan Securities analysts said. "While housing inventory dipped further, there is evidence that this temporary downward trend is about to change direction. Liquidations are expected to pick-up next year and peak in 2013."

Write to Kerri Panchuk.

Friday, December 9th, 2011

A settlement among the nation’s five largest mortgage servicers and almost all the states should be complete before Christmas, whether or not California participates, Iowa Attorney General Tom Miller said Thursday.

The deal, which Miller has been trying to negotiate since March, would release the five servicers — Ally Financial, Bank of America, Citigroup, JPMorgan Chase, and Wells Fargo — from legal claims on past home loan servicing and foreclosures. The deal would not prohibit individuals from suing the banks, or government prosecutors from suing banks over issues related to the packaging of home loans into mortgage-backed securities.

In return, the banks would agree to pay for what Miller calls “substantial principal reductions” for homeowners who owe more money than their homes are worth, and agree to a set of mortgage servicing standards, interest rate reductions, and cash payments to some homeowners who have already gone through foreclosure.

Friday, December 9th, 2011

Former Countrywide Financial CEO Angelo Mozilo is selling his Thousand Oaks, Calif. home for $3.4 million.

Mozilo was Countrywide Financial's CEO until July 1, 2008, when Bank of America Corp. took over the company and he was forced to step down. Condé Nast Portfolio once ranked Mozilo second on their list of "Worst American CEOs of All Time."



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