Archive for the ‘Servicing/Default’ Category
The serious delinquency rate for Federal Housing Administration mortgages reached 9.6% in December, the highest level in more than two years, the Department of Housing and Urban Development said.
More than 711,000 FHA-insured loans were seriously delinquent, up 18.9% from one year earlier, according to the HUD report. It's also a 3.2% increase from the month before. The delinquency rate has been steadily increasing since passing 8.2% last summer.
Meanwhile, originations are down. In December, the FHA insured 93,700 mortgages, a nearly 30% decline from the 133,000 insured in December 2010.
In its fiscal year 2011, the FHA Mutual Mortgage Insurance Fund slipped to a 0.24% capital ratio from 0.5% the year prior. By law, the fund must remain above 2%.
FHA officials attempted to temper fears that the fund would need a bailout. An independent study done showed home prices would have to deteriorate significantly before an injection of tax dollars would be needed.
"It would take very significant declines in home prices in 2012 to create a situation where FHA would need additional support," said FHA Acting Commissioner Carole Galante when the projections came out.
American Enterprise Institute Fellow Edward Pinto isn't convinced. His study claimed that FHA is actually undercapitalized by as much as $53 billion using more traditional accounting rules.
The FHA put new guidelines in place this week that would tighten restrictions on lenders seeking approval to write FHA mortgages. Also, the changes would force more firms to buyback defaulted home loans and reduce seller concessions, which Pinto said would have the most impact, according to Pinto.
"We need to get back to where the mortgages themselves stand on their own regardless of what happens with house price inflation or deflation," Pinto said.
Write to Jon Prior.
Follow him on Twitter @JonAPrior.
Tags: AEI, delinquency, Department of Housing and Urban Development, FHA, foreclosure, HUD, insurance, mortgage, Pinto, serious delinquency
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A Maryland court ruled that homeowners lose the right to file a subsequent lawsuit against a foreclosure proceeding if the grievances are not aired during the original foreclosure.
In Maryland, all foreclosures must go through the courts. In the latest Smalley v. Shapiro & Burson ruling, the U.S. District Court for the District of Maryland said if the homeowners did not bring robo-signing accusations to light the first time around, they would not get a second chance.
Ballard Spahr represented the defendants and successfully argued for a preclusion claim for matters already judged.
Charles Smalley and Pamela Ball both lost their homes in foreclosure. After the court ruled in favor of the lenders, the two former homeowners banded together to bring a class-action proceeding against law firm Shapiro & Burson, alleging their mortgage documents were robo-signed.
Smalley and Ball sought redress in federal courts after the foreclosures were litigated, seeking damages under the Fair Debt Collection Practices Act, the Maryland Consumer Protection Act and other statutes.
"Plaintiffs argued that attorneys fees assessed against them in the state-court foreclosure cases were improper because of the alleged "robo-signing" activities," said an email from Ballard Spahr’s Consumer Financial Services Group. " The court dismissed the case in its entirety, ruling that plaintiffs could have raised their claims in the state-court foreclosure proceedings."
Smalley and Ball argued unsuccessfully that they should be exempt from res judicata because they became aware of the robo-signing only after their foreclosures were finalized.
Read the ruling here.
Write to Jacob Gaffney.
Follow him on Twitter @jacobgaffney
Tags: Ballard Spahr, foreclosure, Maryland, res judicata, robo-signing, Shapiro & Burson, Smalley
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[Update 1: Adds comment from FHFA Acting Director]
The Treasury Department will triple payments to mortgage investors for reducing borrower principal through an expanded Home Affordable Modification Program announced Friday.
Officials announced several critical changes to HAMP, including an enrollment extension to Dec. 31, 2013, from its original expiration date at the end of this year.
The Treasury will also require servicers to factor in second liens and other obligations in the debt-to-income ratio calculation. Previously, if a borrower's first-lien mortgage monthly payment was below 31% of the income, the borrower was deemed ineligible. Factoring other debts to the DTI evaluation will expand the pool of borrowers who could receive the assistance.
To combat blight, officials said they would also expand HAMP to investors who are renting properties to tenants.
Since HAMP launched in March 2010, more than 900,000 permanent modifications have been conducted. The Treasury originally estimated the program to reach between 3 million to 4 million borrowers. As of Dec. 1, less than 1 million were estimated to be eligible for the program under past rules.
Of the modifications already given, roughly 36,400 resulted in reduced principal as of Dec. 1. The Treasury paid between six and 21 cents to the investors for each dollar forgiven under HAMP, but that will grow to between 18 and 63 cents, under the rule changes.
In a conference call Friday, Treasury Assistant Secretary Tim Massad would not estimate how many borrowers would be eligible after the changes, but he did say mortgage servicers were signaled some expansion, even for principal reduction.
"We have previewed the changes with the servicers," Massad said. "We got a very positive initial reaction."
Department of Housing and Urban Development Secretary Shaun Donovan said in the conference call Friday that the Treasury would make these payments to Fannie Mae and Freddie Mac if they participate in the principal reduction program.
To date, the GSEs have not committed to such a program.
Both GSEs owe the Treasury $151 billion in bailouts, and their regulator the Federal Housing Finance Agency said a wide-scale principal reduction program would cost Fannie and Freddie $100 billion.
"FHFA’s assessment of the investor incentives now being offered will follow its previous analysis, including consideration of the eligible universe, operational costs to implement such changes, and potential borrower incentive effects," said FHFA Acting Director Edward DeMarco in a statement Friday.
Of the $29.9 billion allocated for HAMP and other housing programs, the Treasury has spent only $2.3 billion. The Treasury still owes another $9 billion to $10 billion for the modifications already done, Massad said.
Donovan renewed calls for servicers to ramp up principal reductions, and reiterated that they would be a main tool in crackdowns stemming from the ongoing foreclosure settlement talks and the securitization investigations launched this week.
"These changes aren't going to solve all the problems in the housing market, but they shouldn't have to wait for the market to hit bottom before getting some relief," Donovan said.
Write to Jon Prior.
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Tags: borrowers, HAMP, HUD, investors, modification, mortgage, servicers, Treasury
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More commercial mortgage-backed securities loans landed in special servicing at the end of 2011, suggesting the CMBS sector is vulnerable to further spikes in distressed mortgages, Fitch Ratings said Friday.
The ratings giant said as more leases expired and retailers consolidated their space, more CMBS could land in special servicing.
By the fourth quarter of 2011, 340 CMBS loans were in special servicing. Sixty five of those loans are worth more than $20 million, Fitch said. That is up from 299 loans in the third quarter, 292 loans in 2Q and 329 loans during the first quarter of 2011.
Fitch noted office and retail loans accounted for the majority of the mortgages moved into special servicing, representing 349 and 379 loans, respectively.
Overall, hotel loans are faring the best after experiencing some of the worst years, but signs of distress are still in the market. Fitch cited the transfer of the Kerzner International Portfolio, a diverse portfolio of real estate that includes the Atlantis Resort and casino on Paradise Island in the Bahamas, the One & Only Ocean Club and the 18-hole Ocean Club Golf Course, the Marina at Atlantis and retail tied to the Marina Village.
The portfolio also includes ongoing construction projects such as the third phase of an expansion in a 495-unit condominium hotel called the Residences at Atlantis in the Bahamas and Kerzner's share of sales proceeds from the Ocean Club Residences & Marina condominium units.
"The recent transfer of the Kerzner portfolio into special servicing will result in a near-term spike for hotel loans, though the sector by and large will continue to perform much better than the last two years," said Mary MacNeill, managing director of Fitch Ratings.
Worries that more CMBS could land in special servicing has not stopped new deals from coming to market.
Moody's Investors Service (MCO: 37.66 -1.05%) recently assigned provisional ratings to $1.118 billion in securities backed by CMBS that Goldman Sach's (GS: 111.77 +2.96%) GS Mortgage Securities unit brought to market. The certificates are supported by 80 fixed-rate loans secured by 127 properties.
Write to Kerri Panchuk.
Tags: CMBS loans, commercial mortgage-backed securities, Fitch Ratings, Kerzner International Portfolio
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Low interest rates are spurring some activity in the mortgage market, but opportunities for borrowers with low credit scores are limited, according to the latest Mortgage Monitor Report from LPS Applied Analytics.
New loan originations, overall, fell 30% year-over-year in November, with LPS reporting 537,720 originations in November, compared to 724,364 in December 2010. The report did not include new origination amounts for December 2011.
Vintage originations for the years 2010 and 2011 show a heightened focus on loan quality. Only six percent of 2011 originations, not backed by the Federal Housing Administration, had credit scores lower than 660 and a loan-to-value ratio greater than 80, LPS noted.
Meanwhile, FHA loan production accounted for 22% of all the originations made through the first eleven months of the year.
Delinquencies in December were down 25% compared to the peak reached in January 2010. The delinquency rate stood at 8.15% in December, down 7.7% from a year earlier, while the seriously delinquent rate on loans more than 90 past due hit 7.67%, down 5.9% from last year.
LPS said there's still a lag in getting foreclosures through the default pipeline with 50% of loans in foreclosure within judicial states not having made a payment in two years, compared to 28% in non-judicial states.
Write to Kerri Panchuk.
Tags: delinquencies, Federal Housing Administration, FHA, FHA loan production, low interest rates, LPS Applied Analytics, mortgage originations, originations
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The majority of Americans, 58%, want government action to prevent foreclosures, whereas 34% prefer the housing market resolve its problems on its own, according to a new Gallup poll that shows a sharp divide between Democrats and Republicans on the issue.
The Gallup poll shows 76% of Democrats and 61% of independents favor government action while only 31% of Republicans favor federal intervention.
Americans who make more than $90,000 per year were less likely to want government intervention to prevent foreclosures, but 52% of that group still favored some action, while 62% of those making less than $90,000 favored some federal action to stem foreclosures.
In the survey, 51% expressed worry about home values. The number was higher (57%) among only current homeowners.
Only 66% of Americans in the survey said they own their primary residence, down from 73% in 2006 and 2007 surveys, Gallup said. (Click on chart to expand.)
Results for the poll were based on telephone interviews conducted Jan. 5-8 and Jan. 14-15 with a random sample of 1,000 adults, aged 18 and older, living in the continental U.S. Samples were weighted by gender, age, race and other factors. They were selected using random-digit-dial sampling. The margin of error is plus or minus 4 percentage points.
Write to Kerry Curry.
Follow her on Twitter @communicatorKLC.
Tags: Democrats, foreclosure, Gallup, government action, home values, housing, Republicans
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Net absorption rates in the U.S. turned positive during 2011 for all major property types, according to CBRE Econometrics, which expects the trends to continue in 2012 on the heels of employment growth and then accelerate in 2013.
The absorption rate is the percentage of units expected to be rented or purchased over a period of time.
After a downturn across all property types, annualized apartment absorption turned positive at the beginning of 2010, office by mid-2010, industrial in 2010, and finally retail in mid-2011, analysts at Barclays Capital said.
In the apartment sector, CBRE forecasts a 0.7% absorption rate in 2012 and then 1.2% in 2013. Office property, the company said, will experience a 0.6% rate in 2012 and 1% in 2013, while the industrial sector should see a 1.1% rate in 2012 and 1.5% in 2013. Retail property will have a 0.7% absorption rate in 2012 and then 1.2% in 2013.
Grubb & Ellis (GBE: 0.00 N/A) said the overall outlook for the office market is stronger for 2012. The real estate services firm also expects the industrial sector to experience increased demand this year with total net absorption of 110 million square feet.
Net absorption rates usually follow employment growth. An exception came during the recent downturn when each property type outperformed relative to the levels of job losses suffered during 2008 and 2009.
Given the positive net absorption across property types and almost no new construction, occupancy rates, or the number of occupied units at a given time, began to improve in the third quarter.
According to CBRE, apartment occupancy rose 0.8% from a year earlier to 95%. Office occupancy increased 0.6% to 83.8%, while the industrial sector inched higher 0.9% to 86.3%. Retail, the only laggard, is down 0.1% from a year earlier to 86.8%.
Write to Justin T. Hilley.
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Tags: absorption rate, apartments, Barclays Capital, CBRE Econmics, industrial, office, retail
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Field Asset Services expects things to get busier in 2012.
The Austin, Texas-based property services firm said protection and maintenance services during the pre-foreclosure process will increase. Demand for single-family REO properties from institutional investors will increase. And access to key property data for banks and servicers, allowing them reduce expenses and boost sales opportunities, will increase.
FAS said providing superior customer service, pre-empting problems and demanding knowledge that will deliver results should be key business priorities for the property preservation industry this year.
"The field services industry must be proactive and begin delivering banks and (mortgage) servicers vital property information to avoid additional foreclosures from occurring," according to FAS CEO Dale McPherson.
The company sees remodeling services increasing as investors begin purchasing properties to transition to rentals. Last week, BuildFax reported that its residential remodeling index in November rose for the 25th straight month from a year earlier, exceeding levels reached during the home-equity withdrawal boom of 2004 to 2006.
"Residential remodeling in 2011 grew substantially above 2010 rates and remained strong through the end of the year,” said Joe Emison, vice president of research and development at BuildFax.
McPherson said property services firms need to work more closely with municipalities to ensure code violations are mitigated.
"New programs are being created to lessen the burden banks and servicers are carrying, but as field service providers, we can begin making a difference today by taking greater initiative, developing expertise in our work and becoming trusted partners with our customers," he said.
FAS said mobile technology innovation is necessary for vendors and contractors to work more efficiently from the field and deliver guaranteed results in 2012. The firm expects utilities management services to become more essential in helping ease customers' pains.
Write to Justin T. Hilley.
Follow him on Twitter @JustinHilley.
Tags: banks, BuildFax, code violation, FAS, Field Asset Services, foreclosure, institutional investors, Mobile technology, mortgage, pre-foreclosure, remodeling index, REO, single-family residence
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If JPMorgan Chase (JPM: 37.21 -0.75%) and Bank of America (BAC: 7.29 -0.14%) fail to improve performance in the Home Affordable Modification Program, the amount of payments they would lose totals more than $131 million, according to the Special Inspector General for the Troubled Asset Relief Program.
In the middle of last year, the Treasury withheld funds from Chase, BofA and Wells Fargo (WFC: 29.60 +1.89%) for their poor performance in the program during the first quarter.
The Treasury compliance team looked at how each participating servicer performed when contacting homeowners, evaluating them for the program and how they assisted with any questions or document submissions. Wells made immediate improvements the next quarter and the withheld funds were returned.
BofA made some headway in the third quarter, enough for the Treasury to say the servicer needed only "moderate improvement" to regain its $63.7 million.
Chase however has not made enough progress, and the Treasury warned the bank in December it could permanently withhold $67.3 million owed in HAMP payments.
Since its inception in March 2009, just over 900,000 permanent HAMP modifications were granted and will likely fall well short of the 3 million to 4 million originally estimated. Roughly $29.9 billion in TARP funds have been allocated for HAMP and other foreclosure prevention programs, but only $2.3 billion has been spent as of Dec. 31.
"JPMorgan Chase's continuing refusal to comply with program requirements is deeply troubling and there must be serious repercussions," SIGTARP said in a report Thursday. "Permanently withholding incentives from a servicer, as recommended by SIGTARP, sends a strong signal to JPMorgan Chase and all other servicers that failure to perform at acceptable levels will result in serious consequences."
The watchdog reiterated, as it had since the program first started showing underwhelming signs, that more can be done in the last year of the program to modify as many loans as possible, such as permanently reducing payments in the future and even clawing back funds paid in the past.
"SIGTARP continues to urge Treasury to take more aggressive steps to ensure that all servicers act in accordance with the program rules and the contracts they signed, for which they are being paid by the taxpayers," SIGTARP said.
Write to Jon Prior.
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Tags: Bank of America, HAMP, JPMorgan Chase, modification, mortgage, SIGTARP, TARP, Treasury, Wells Fargo
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Foreclosure sales fell 5% in the third quarter 2011 from a year earlier, a decline linked mostly to deals involving limitations with real estate owned properties, according to a study by RealtyTrac.
Home sales in some stage of foreclosure dropped 11% from the second quarter to about 221,500. Distressed sales also made up 20% of all home sales in the third quarter, down from 22% a quarter earlier and 30% year-over-year.
RealtyTrac CEO Brandon Moore said issues in the foreclosure process, particularly whether a lender improperly foreclosed on a home, limited these sales. The proposed settlement between banks and the state attorneys general, he said, would help move along foreclosure sales.
"The sooner the market gets clarity about accepted foreclosure procedures," Moore said in the report Thursday, "the sooner the market can more efficiently dispose of these distressed properties."
The average sales price of foreclosed homes ticked up 1% to $165,322 from a quarter earlier and declined 3% from third quarter 2010. Buyers saw an average discount on these homes of 34% below the price of non-distressed sales.
Pre-foreclosure sales, often short sales, fell 9% to 92,800 from the second quarter and remained flat from the prior year. REO sales, however, dipped 12% and 9%, respectively, to 128,700.
Nevada saw the highest percentage of foreclosure sales for all transactions at 57%, followed by California at 44% and Arizona at 43%.
Florida, which saw the second-most distressed sales at 25,657, saw its rate of all sales decline to 19% from 39% a year ago.
Write to Andrew Scoggin.
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Tags: Arizona, Brandon Moore, California, Florida, foreclosure sales, Nevada, pre-forelosure sales, real-estate owned, RealtyTrac, REO, short sales
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