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Archive for December, 2011

Wednesday, December 28th, 2011

Default servicing technology company Equator says nearly 1.2 million short sales were initiated through its module over the past two years.

The company tracks this data through its default servicing platform, which helps mortgage industry clients deal with loan modifications, short sales, deeds-in-lieu, foreclosure processing and REOs.

Los Angeles-based Equator said Wednesday that more than $150 billion in assets have been sold using its technology platform over the past eight years. Analyzing trends from the recent fourth quarter, Equator said servicers heading into 2012 are focused on compliance issues.

"The needs of our clients have focused on the demands for stricter compliance and infrastructure security,” said Chief Operating Officer John Vella.

As the firm transitions into 2012, it's prepping the launch of the REvolution software program, which will provide real estate professionals with a system to track both distressed and traditional properties.

The company said the software gives agents enough flexibility to automate their daily work-flow cycles from a single portal, removing the need for agents to employ more than one software system to handle various asset types and sales functions.

Write to Kerri Panchuk.

Wednesday, December 28th, 2011

President Barack Obama is expected to ask Congress for another debt ceiling increase to the tune of $1.2 trillion.

The hike would lift the nation's current debt ceiling from $15.19 trillion to $16.39 trillion.

The Treasury Department says the maneuver is already outlined in the Budget Control Act of 2011, which provides for three debt limit increases — two of which already occurred in the amount of $900 billion.

The act allows the president to submit a request to Congress to raise the ceiling a third time when the limit is within $100 billion of the maximum, which will be reached by Dec. 30, according to the Treasury.

President Obama and Congress have some room to wrangle over any dissenting opinions, but ultimately the president can move forward with an increase once all of the steps of the act have been met.

The Budget Control Act says the debt limit will be increased 15 days after Congress receives the request from the president unless a joint resolution disapproving of the hike is enacted. However, if both the House and Senate agree to the joint resolution, the president still has the option of vetoing the resolution.

The Treasury said the third increase was not drafted to be contingent on the success or failure of the so-called super committee, which failed to reach a consensus.

Write to Kerri Panchuk.

Wednesday, December 28th, 2011

The Federal Housing Administration is extending its waiver of a rule that prohibits the agency from insuring homes sold within 90 days of their acquisition.

The anti-flipping regulation was designed to prevent activity that harms neighborhoods by allowing buyers to acquire property and then quickly sell them at inflated prices.

While the law was created to maintain stability in the housing market, the FHA temporarily waived the rule back in 2010, saying a reprieve would allow buyers to acquire HUD-owned properties, bank-owned properties and private homes for the purpose of improving them and selling them to revitalize neighborhoods.

The waiver is set to expire Jan. 31, but will now be in effect through Dec. 31, 2012.

"This extension is intended to accelerate the resale of foreclosed properties in neighborhoods struggling to overcome the possible effects of abandonment and blight," said Carol Galante, acting FHA commissioner. "FHA remains a critical source of mortgage financing and stability and we must make every effort to promote recovery in every responsible way we can."

The waiver is subject to certain restrictions and stipulates that all qualified transactions must be at arms-length, meaning parties to the deal cannot be striving to achieve some type of kick-back or special interest separate from buying and selling of the real estate.

When the sales price of the property is 20% or more above the seller's actual acquisition cost, the waiver will only take effect if the lender meets all criteria and provides documents that justify the price increase, according to the FHA.

Furthermore, the waiver applies only to forward mortgages and is not eligible for home equity conversion mortgages.

The FHA said it extended the waiver after finding it takes less than 90 days to acquire, rehabilitate and sell a distressed property.

Write to Kerri Panchuk.

Wednesday, December 28th, 2011

Real estate research and marketing firm Trulia said employment figures improved slightly at the end of 2011, making it possible for more borrowers to pay their mortgages next year.

While Trulia says this trend could reduce 2012 delinquencies, the company expects foreclosures to continue to climb as banks sort through a backlog of distressed properties and foreclosures that stalled in the wake of robo-signing and increased regulatory oversight.

The firm says once a settlement between mortgage servicers and state attorneys general is finalized, many delayed defaults will plunge through the process.

As for what this means for real estate agents, Trulia said an increase in "foreclosures will depress prices for several reasons — foreclosed homes are often sold at a discount and used as comps for non-distressed homes."

In turn, this will kill seller motivation even though buyers stand to benefit from affordable pricing structures.

"Agents should be gearing up with competitive pricing strategies to catch buyers and preparing to counsel their traditional seller-clients about the depressed prices to come in high-foreclosure areas," Trulia said.

For those Americans now confined to the rental market, costs will be rising in 2012 as people losing their homes move toward the rental model. To resolve the issue, high-cost cities need to address the rental shortage directly by having local governments get rid of restrictions and permitting processes that are too stringent, according to Trulia.

Write to Kerri Panchuk.

Wednesday, December 28th, 2011

RealtyTrac is calling 2011 the year of foreclosure litigation, strategic default, failing foreclosure law firms and shadow inventory.

It also was a year of infighting between regulators, underwater mortgages and the year when Mortgage Electronic Registration Systems faced suits over everything from its business model to its assignment procedures.

Joel Cone, staff writer for RealtyTrac's Foreclosure News Report, released a lengthy report on what this year brought for the mortgage, real estate and default servicing industries.

So what did we learn in 2011?

Cone says more borrowers learned to lean on strategic default, choosing to walk away from distressed or underwater loans instead of continuing to make payments on their mortgages.

Other borrowers discovered the system is moving at a snail's pace, giving them more room to float by without making payments on mortgages. As banks struggled to catch up from 2010's robo-signing-induced foreclosure moratorium, Cone says borrowers learned to gain a strategic advantage from the delays.

Cone writes that "armed with knowledge that the financial institutions are so far behind the eight ball playing catch-up with the delayed foreclosures, homeowners have no motivation to move on." He added, "There are documented cases now of homeowners who are simply staying in their homes without making a mortgage payment for as long as three years, figuring they can stay until the bank gets around to foreclosing on them. In the meantime, they are living rent-free."

RealtyTrac data shows it took on average 336 days to complete a foreclosure on properties that made it through the process in the third quarter of 2011, that's up 180% from the first quarter of 2007 when it took an average 120 days, Cone said.

The states with the longest foreclosure timelines include New York, where it takes an average of 986 days to foreclose; New Jersey, where it takes about 974 days; and Florida, where it can take up to 749 days to complete a foreclosure.

As homeowners and foreclosure firms continue to sort through the mess, Cone noted several major foreclosure law firms shut down and others to picked up new business.

Casualties included heavy hitters David J. Stern in Plantation, Fla., the Amherst, New York-based law firm Steven J. Baum PC (which paid $2 million to settle allegations from a Department of Justice probe into its allegedly misleading foreclosure documents), and Fort-Lauderdale, Fla.- based Ben-Ezra & Katz, which shuttered its foreclosure practice.

While some firms stumbled, others saw an opportunity to grab market share. Cone quotes Law.com data, which shows Atlanta-based McCalla Raymer opening new branches and adding foreclosure divisions in the Southeast to handle up to 5,000 transfer files from foreclosure giants that have shuttered their doors.

So what's Cone's take on 2012? He believes short sales will play a huge role.

"The dysfunctional and delayed foreclosure process may finally be leading lenders to usher in the much-anticipated 'year of the streamlined short sale' in 2012," he wrote.

Write to Kerri Panchuk.

Wednesday, December 28th, 2011

Investors in commercial mortgage-backed securities ended 2011 on a relatively mild note after Fitch reported CMBS delinquencies dropped for the fourth consecutive month in December.

But the post-holiday buzz is gone, and analysts now see warning lights flashing ahead. One of their new concerns is an announcement that retailer Sears Holding Co. is closing 100 to 120 Kmart and Sears stores, sending vast amounts of commercial real estate into a state of uncertainty.

"Sears and K-Mart both have a sizable presence among CMBS collateral," TreppWire wrote.

A list of store closings has yet to be released by Sears, but Trepp warned the retailer's announcement is bad news for CMBS investors.

It was only a few short weeks ago when analysts said delinquencies on CMBS, including retail CMBS, were down for the month of December. Retail CMBS saw its delinquency rate fall to 6.63% in December from 6.83% a month earlier.

The retail CMBS segment is tied directly to the performance and survival of store tenants, but CMBS loans tied to the sector weathered 2011 better than other CMBS classes.

By the end of November, Trepp said office delinquencies represented one quarter of all delinquent CMBS loans, with that number likely to go up in the coming months. But retail CMBS saw its delinquency rate fall from November to December.

Trepp noted that what is happening in overall CMBS could just be the "calm before the storm."

Trepp said last week that delinquency rates on CRE loans improved across the board in 2011, but this development will be challenged in 2012 by loan write-offs and an overall contraction in liquidity.

Write to Kerri Panchuk.

Wednesday, December 28th, 2011

New York state home sales rose 3% in November from the year-ago period, but the median sales price dipped slightly, the New York State  Association of Realtors said.

Sales fell 6.8% from October, as part of the seasonal slowdown that occurs during the fall and winter months, according to the association.

The Realtor group said 5,732 existing single-family homes were sold in November, down from 6,151 the prior month.

The median price of homes sold in November was $210,000, a 2.3% drop from $215,000 a year earlier. The median price remained relatively unchanged from $209,900 for October.

Sales were up 21% over a year ago and 16.7% higher than October in Kings County, which includes Brooklyn. Sales were up sharply (41% over November 2010) in Richmond County, home of Staten Island. Queens County, meanwhile saw an 8.9% year-over-year decline and a 3.2% monthly decline.

Homes across the United States likely lost more than $681 billion in value during 2011, according to Zillow (Z: 26.99 +1.39%). The biggest losses were in Los Angeles with a drop of $75.5 billion, New York with a $44.8 billion decline and Chicago, which lost $41.7 billion of home values.

New York remains plagued by a significant inventory of distressed homes, which are pressuring prices, according to CoreLogic (CLGX: 14.56 +0.62%). Overall, the nation has a shadow inventory of 1.6 million units, representing a supply of five months in October.

Write to Matthew Torres.

Wednesday, December 28th, 2011

Delinquent borrowers facing foreclosure are learning that they can stay in their homes for years, as long as they're willing to put up a fight.

Among the tactics: Challenging the bank's actions, waiting to file paperwork right up until the deadline, requesting the lender dig up original paperwork or, in some extreme cases, declaring bankruptcy.

Wednesday, December 28th, 2011

Employers expect to add new jobs in the new year, but are still cautious about their businesses, according to CareerBuilder's annual job forecast. Nearly one of every four hiring managers plans to hire full-time, permanent employees in 2012, similar to 2011 and employers said they expect to raise salaries.

"Barring any major economic upsets, we expect 2012 to bring a better hiring picture than 2011, especially in the second half of the year," said Matt Ferguson, CEO of CareerBuilder. "Many companies have been operating lean and have already pushed productivity limits. We're likely to see gradual improvements in hiring across categories as companies respond to increased market demands."

Ferguson said companies typically are more conservative in their survey answers than in their actual hiring.

Overall, CareerBuilder said 23% of employers surveyed plan to hire full-time, permanent employees next year, relatively unchanged from 24% for 2011 and up from 20% in 2010.

About 7% of respondents expect to decrease headcount, the same as 2011 and an improvement from 9% for 2010. Another 59% anticipate no change in staffing and 11% are unsure.

Small businesses reported more confidence in both hiring and retaining staff in 2012 with plans to downsize dropping two percentage points across small business segments while plans to hire increased two percentage points among companies with 50 or fewer workers. In that segment, 16% of respondents plan to add full-time, permanent staff in 2012, up from 14% for 2011.

For companies with fewer than 250 employees, 20% plan to add full-time, permanent staff in 2012, up from 19% this year and those reducing headcount fell to 4% for next year from 6% for 2011.

Of companies with 500 or fewer employees, 21% plan to add full-time, permanent staff, on par with 2011; those reducing headcount fell to 4% from 6%.

CareerBuilder said more employers in the West plan to recruit new employees in 2012 than other regions. Twenty-four percent of employers in the West reported they plan to add full-time, permanent headcount.

However, the West also reported the highest number of companies planning to downsize in 2012 at 9%, reflecting the uncertainty businesses still feel about the economy.

Employers expect compensation levels to increase for both current staff and prospective employees as recruiting for skilled talent becomes more competitive.

Sixty-two percent of employers plan to increase compensation for their existing employee base while 32% will offer higher starting salaries for new employees.

The survey, conducted by Harris Interactive from Nov. 9 to Dec. 5, included more than 3,000 hiring managers and human resources professionals across industries and company sizes.

Write to Kerry Curry.

Follow her on Twitter @communicatorKLC.

Wednesday, December 28th, 2011

In 2008, the stock market crashed, more and more Americans started losing homes to foreclosure and Lehman Brothers collapsed, causing a catastrophic recession and endless finger-pointing in Washington.

Fast-forward three years, and the once hidden Fannie Mae and Freddie Mac are starting to endure some of the public finger-pointing that, until recently, has been reserved for big banks, originators, loan officers, rating agencies and anyone on Wall Street who braved the walk to work in a Brooks Brothers suit.

In fact, economists and financial analysts who have long objected to the narrative that Wall Street alone caused the crisis breathed a sigh of relief when former executives for the two mortgage giants ended up on the opposite side of Securities and Exchange Commission lawsuits.

Technically, it was the government suing the government, but for Peter Wallison — a dissenter on the Financial Crisis Inquiry Commission — it was vindication.

Wallison objected to the idea that capitalism and regulation run amok pushed America into its worst financial crisis since the Great Depression. He wanted government involvement taken to task and felt the commission's final report hit financial firms and credit rating agencies while leaving the government-sponsored enterprises in the shadows.

In an article published this week by the American Enterprise Institute, Wallison and Edward Pinto write that "the left is losing the argument over the financial crisis" because more Americans are surmising that the GSEs held about half of the mortgages in the United States and used a business model that maximized profit while socializing risk.

They say claims by the SEC push his viewpoint further.

"The SEC findings add $219 billion and 1.43 million loans to our original Fannie and Freddie subprime and Alt-A totals (in terms of exposure), bringing the combined subprime and Alt-A total to $2.04 trillion and 13.37 million loans," they wrote. Pinto, of course, is a former chief credit officer for Fannie Mae.

The two men conclude:

"All told, after adding the SEC's new data to our original estimates, there were approximately 28 million subprime and Alt-A loans outstanding on June 30, 2008, before the financial crisis, with a value of approximately $4.8 trillion. This was half of all mortgages in the United States. Of these loans, over 74% were on the books of U.S. government agencies and firms subject to government housing finance policies. This shows where the demand for these low quality loans came from. Fannie and Freddie were themselves exposed to more than 13 million subprime or Alt-A loans, or 65%, of the government total."

Pinto and Wallison took aim at New York Times columnist Joe Nocera who considers Wallison's findings a "big lie." Pinto and Wallison pushed back at Nocera, saying his article avoids the facts and financials.

Nocera writes that "Fannie and Freddie, rather than leading the housing industry astray, got into riskier mortgages only after the horse was out of the barn. They were becoming irrelevant in the most profitable segment of the market — subprime. And that they couldn’t abide."

Mark Calabria with the Cato Institute, who has previously outlined the GSE's role in the market bubble, analyzed both viewpoints. He found that while the evidence is somewhat inconclusive showing GSE housing goals alone led to increased credit risk, it is clear the GSEs were heading toward pain.

"Being leveraged over 200-to-1, as was the GSE guarantee business, is a recipe for disaster regardless of credit quality," Calabria wrote.

Write to Kerri Panchuk.



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