Smart Real Estate News & Commentary by Chris McLaughlin June 9, 2011
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Fannie Freddie are better, but still cash drains
Conservatorship has been good for Fannie Mae and Freddie Mac, but the companies continue to drain federal resources away from other government operations, according to the regulator of the mortgage giants. In its third annual letter to Congress, the Federal Housing Finance Agency (FHFA ) said stronger loan underwriting standards enabled the companies to narrow losses in 2010 to $28 billion from $93.6 billion a year earlier. The companies have received more than $160 billion funding from the Treasury Department the past few years. “Since being placed under conservatorship in 2008, Fannie Mae and Freddie Mac remain critical supervisory concerns,” said Edward DeMarco, acting director of the FHFA. This is a “result of continuing credit losses in 2010 from loans originated during 2005 through 2007 as well as forecasted losses from loans originated during that time.” Still, DeMarco said governmental control allowed the companies to “accomplish their statutory mission of facilitating stability and liquidity for single-family and multifamily housing finance.”
The FHFA said Fannie and Freddie remain plagued by “credit risk, operational risk, modeling risks and retention of qualified leadership and personnel.” The companies hold a 60% share of single-family loan production. As conservator, the FHFA is tasked with minimizing credit losses at the GSEs, and DeMarco said more stringent underwriting standards and a stronger price structure have helped. “Although past business decisions leading to these losses cannot be undone, each enterprise, under the oversight and guidance of FHFA as conservator and regulator, has improved underwriting standards for loan purchases in the past two years.,” he said. “Another way FHFA minimized losses was to require the enterprises to enforce existing contractual representation and warranty loan repurchase agreements with lenders.” The FHFA also oversees the dozen Federal Home Loan Banks and said all 12 reported profits in 2010. Loans to the banks dropped to $479 billion last year from $631 billion at the end 2009. The regulator said the banks’ financial condition and performance stabilized in 2010, but several continue “to be negatively affected by their exposure to private-label mortgage-backed securities.”
Retail sales down
Total retail sales slipped 0.2% last month, the Commerce Department reported. The decline broke a winning streak of consecutive monthly gains going back to June 2010. But from a year ago, sales were up 8%. Economists had expected a 0.7% drop, according to consensus estimates from Briefing.com. Declines were led by a 2.9% slide in sales at motor vehicle and parts dealers. This drop overshadowed stronger sales at building material companies and restaurants, which came in the face of higher gas prices last month. Sales excluding autos and auto parts were 0.3% higher, beating forecasts for a 0.2% rise.
“The numbers we’ve been seeing from retailers lately have been running better than expected, and the number today excluding autos is better than expected,” said Ken Perkins, an analyst at Retail Metrics. “But there’s still definitely a soft patch unfolding here in terms of economic growth, which I think was reflected in sales of autos.” Perkins said the widespread supply chain disruptions sparked by the earthquake in Japan were mainly to blame for the big decline in auto sales last month. But even taking auto sales out of the mix, many big areas like consumer electronics and appliances were disappointing, partly due to high gas prices.
Olick – short sales surge, but not because of government
“Any time I see a 74% jump in anything, I hear alarm bells, so when the Treasury Department reported just that big a jump in its Home Affordable Foreclosure Alternatives (HAFA) program, I figured there had to be something really big behind it. And I was wrong. There’s nothing big behind it, in fact there’s something very small behind it: Small numbers.
HAFA provides financial incentives for servicers and borrowers to do short sales (selling the property for less than the value of the mortgage) and deeds in lieu of foreclosure (basically just giving the property back to the bank). The program launched in April of 2010 and was later streamlined in December, 2010, based on feedback from mortgage servicers, real estate agents and homeowners. So far, HAFA has completed 7,113 short sales or DIL’s. In April, however, HAFA saw 1,666 completed, up 74% from the 959 done in March. Why the jump?’ It’s too early to draw broad conclusions,’ says Treasury spokesman Andrea Risotto, noting that Treasury just began reporting the numbers two months ago. She also points to a long reporting lag because the short sale process still takes so long. But none of this is the story. The 74% jump exists because the numbers are just so small, and that’s the story. HAFA is doing a relatively miniscule number of short sales, when you compare the program to what the big banks are doing on their own.
JP Morgan Chase has done over 110,000 short sales since 2009, now processing about 5000 a month, according to recent reports to Congress, and they are the number three servicer behind Bank of America and Wells Fargo. If you extrapolate that out, the top three banks are probably doing more than 20,000 a month, and they’re ramping up the sales as we speak. ‘Short sales shot up in the Spring as banks wrestled with foreclosure problems and delays,’ says Guy Cecala of Inside Mortgage Finance. In fact, the Campbell/Inside Mortgage Finance Housing Pulse Tracking Survey reported short sales hit a record high of 19.6% of all home purchase transactions in March. ‘Banks have discovered that short sales are often the fastest and most cost effective way to resolve a severely delinquent mortgage, and they have greatly improved their processing systems (any turnaround times) for handling these transactions.’
Compared to a foreclosure, other sources say, short sales result in smaller losses. There is more financial certainty than from an REO (bank owned) sale many months down the road when the property has likely deteriorated. The banks are currently looking at so many potential REO’s from so many delinquent loans in the pipeline, they’d be ridiculous not to try to short sell as many as they possibly could. Some servicers are aggressively seeking out borrowers for short sales. ‘Chase reaches out to borrowers who have already listed their homes or were recently denied a modification to initiate the short sale evaluation process. The goal is to have as much paperwork completed as possible prior to receiving the offer, thereby reducing the time from offer receipt to approval,’ a Chase spokesman explains.
But why, if HAFA actually pays borrowers and servicers to do short sales and DIL’s, would banks be doing so many outside of the program? ‘HAFA is a taxpayer funded program, so it has eligibility requirements targeted at a certain segment of the population,’ says Risotto, noting that the program is for owner occupants who can demonstrate financial hardship and whose first mortgage is less than $729,750. ‘HAFA is not meant to be for every person looking to do a short sale,’ she adds. That knocks out investors, jumbo loans and borrowers who don’t meet the ‘hardship’ requirements of the Treasury. The big banks are likely more lenient on that last one, again knowing that a short sales will be cheaper in the end than a foreclosure.”
US economy “bumbling along”
The US economy is just “bumbling along” and creating an uncertainty among business that is likely to stifle hiring and growth, says investor Wilbur Ross, fund manager and head of W.L. Ross & Co. Ross blamed Washington policies for much of the problems, from the lack of a housing recovery to the recent controversy in which the Obama administration is trying to block Boeing from building a plant in a right-to-work state. “It’s not going to be a ‘W’ or a ‘V’ or an ‘L’ (recovery) or another alphabet letter,” said Ross. “It’s going continue to be punctuation—dots, dashes, question marks, exclamation points, one strong month, one weak month—a very fragile economy.”
That lack of direction could stand in the way of businesses that want to expand. “This kind of thing is bad because it’s unsettling to companies,” he said. “Business has a terrible time adjusting to uncertainty. Good news they can adjust to, bad news they can adjust to. Uncertainty makes it very, very hard to make long-term commitments.” Businesses also are facing weak consumer spending. Unemployment remains mired at 9.1 percent while housing prices recently have double dipped despite aggressive efforts in Washington to stem the crisis. “The consumer still hasn’t been rehabilitated,” Ross said. “All the meddling in the real estate side of life has not fixed residential real estate. If anything I think it’s made it worse because it’s extending out the foreclosure time lines and putting more uncertainty and more downward pressure.”
Ross also wondered about the state of job creation considering the battle the National Labor Relations Board has waged against Boeing. The agency contends that Boeing broke the law when it moved a plant to South Carolina, where workers are not required to belong to a union. Boeing contends that even though it has a unionized work force it also can build plants in right-to-work states. Some in Congress have called on cutting funding to the NLRB on ground that the agency has overstepped its authority. For Ross, the issue comes down to the kind of message the administration is sending at a time when job creation is at a premium. “Who in American business is going to have confidence to build a new factory, add employees, if you’re not even sure you can build the factory where you want to?” he said. “You can’t have social experimenting interfering with turning the economy around. And I think that’s what’s going on here. It’s social experimenting instead of building the economy.”
WSJ – Beazer CEO departs
In a surprise move, builder Beazer Homes USA Inc. said Chief Executive Ian McCarthy stepped down over the weekend, three months after he agreed to repay millions of dollars as part of a settlement with the Securities and Exchange Commission. He will be succeeded by Chief Financial Officer Allan Merrill, Beazer said in a written statement. Mr. McCarthy, 57 years old, became CEO at the time of Beazer’s 1994 initial public stock offering, and he helped the company become one of the nation’s largest builders. He also led the builder during several incidents that bruised investors’ confidence in the company. Most recently, in March, Mr. McCarthy agreed to repay $6.5 million and return tens of thousands of shares of company stock as part of the settlement with the SEC. He didn’t admit wrongdoing. Mr. McCarthy wasn’t available for comment Monday. His separation agreement is expected to be filed this week, according to a company spokeswoman.
While all builders have struggled to sell homes in recent years, Atlanta-based Beazer’s problems go beyond the housing crash. According to an SEC complaint filed earlier this year, Mr. McCarthy received millions of dollars in bonus compensation and stock profit from Beazer while it was filing what the agency said were fraudulent financial statements for the year ended Sept. 30, 2006. Although Mr. McCarthy wasn’t accused of a crime, he was still required under the Sarbanes-Oxley Act, a corporate-governance law enacted in the wake of several accounting scandals, to reimburse the company for the ill-gotten gains. In 2008, Beazer settled civil allegations brought by the SEC over the company’s accounting practices without admitting any wrongdoing. Beazer said it understated earnings by a net total of about $28 million between fiscal years 1998 and 2006. In 2009, the company agreed to pay as much as $55 million to the federal government and homeowners after a joint federal probe in which the company acknowledged violations of certain mortgage-lending regulations and accounting rules.
Another misstep involved the 2002 acquisition of Crossman Communities Inc. for about $500 million in cash and stock, a deal that boosted Beazer’s presence in the South and Midwest. Beazer later reduced Crossman’s goodwill, or value to the company. Some shareholder activists said Mr. McCarthy’s exist was overdue. In November 2007, CtW Investment Group wrote Beazer directors asking that Mr. McCarthy be removed in response to the recent “mortgage meltdown.” The demand occurred soon after Beazer said it would restate financial results for a three-year period following an internal probe that found its mortgage-originations unit violated federal lending rules. After getting the letter, a Beazer executive and outside director assured CtW that “the board has taken charge and would monitor Ian McCarthy,” said William Patterson, executive director of CtW Investment Group, the investment arm of labor federation Change to Win in Washington. “The [subsequent] loss of shareholder value is beyond acceptable.”
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Chris McLaughlin
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About the author:
Chris McLaughlin is widely known as America’s top
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Testifying in a hearing titled “Commercial Real Estate: Do Rising Defaults Pose a Systemic Threat?” sponsored by the Joint Economic Committee of the Senate and the House, Jim Helsel, treasurer of the National Association of Realtors (NAR) called for an extension of government programs such as the Term Asset-backed Lending Facility (TALF) and the Public Private Investment Program (PPIP). Commercial real estate, which accounts for 9 million jobs and contributes billions of dollars in taxes, has been badly hit by economic downturn.
Goldman Sachs has reported a net income of $3.44 billion or $4.93 per share for the second quarter of 2009; surpassing the $3.65 per-share average estimate of 22 analysts surveyed by Bloomberg. Goldman’s performance was bolstered by strong trading and stock underwriting performance. This is the highest ever quarterly net income reported by Goldman so far. The profit was impacted by a one-time $426 million charge due to repayment of $10 billion in loans from the Troubled Asset Relief Program. “Goldman’s got a sweet spot in here, they were the go-to players,” said Peter Sorrentino, a portfolio manager at Huntington Asset Advisors. “For the time being, they’ve got kind of an open playing field all to themselves.” Goldman’s results have tremendous significance given the bank’s status as the fifth largest bank by assets, and the largest surviving investment bank. The share price of Goldman Sachs has risen 77% since the beginning of this year and has almost tripled from a low of $52 last November.
Analysts say the House Ways and Means Committee is likely to propose a surtax on incomes exceeding $250,000 as a source of funding healthcare costs. The surtax may not find favor with Republicans. “The surtax is obviously more attractive to Democrats in the House because it’s more progressive, which they find attractive in and of itself,” said Paul Van de Water, a senior fellow at the Center on Budget and Policy Priorities, a research group. Matthew Beck, a spokesman for the Ways and Means Committee, without commenting on the surtax option, said that “everything’s on the table.”
According to a survey conducted by Realtor.com, home buyers in the U.S. are hesitant to jump into the housing market, given the current economic downturn. Nearly 53% of the survey participants said they have postponed their home plan on account of their negative outlook. Uncertainty on the job front was the main factor for not buying a house for nearly a third of the survey participants. Nearly 16% said they worry about selling their current home, while 8% said they fear home prices will keep falling. Home buyers recognize that the housing market currently offers great deals; however, financial worries far outweigh attractiveness of the deals available. Nearly 20% said they were interested in foreclosed homes with an attractive price, while nearly 15% said they want to receive incentives such as the $8,000 tax credit for first-time buyers. Errol Samuelson, president of Realtor.com, said buyers feel that purchasing a foreclosed home is more “complex” than other transactions. Among the survey participants, only 28% said President Barack Obama’s plan to tackle the foreclosure crisis is working, compared with 41% who said it isn’t and 27% who didn’t know.
New York City prosecutors have charged 25 people, including lawyers, bankers, mortgage brokers and appraisers, and a mortgage company, with committing mortgage fraud. Robert Morgenthau, Manhattan District Attorney, said AFG Financial Group Inc. (AFG) and its accomplices inflated property values, created phony loan packages, forged W-2 forms, and bank documents to get loans from banks for unsuspecting buyers. Buyers did not know that the transactions were a sham. AFG, through its attorneys, would ask that the mortgage money be deposited in escrow accounts. Instead of paying the seller, AFG would take the money for itself. “These attorneys often did not meet or communicate with their so-called clients until the day of the closings … and were paid off by AFG for their efforts,” Morgenthau said. Buyers were left with bad credit while the lender foreclosed the seller’s property and took ownership. Banks which were cheated include New Century Mortgage Corp., which lost $32.2 million; Countrywide Home Loans, which lost $7.9 million; and Washington Mutual, which lost $8.6 million. “This is one of the reasons for the mortgage crisis,” said Morgenthau. Among those charged, 12 have pleaded guilty. All those convicted face up to 25 years in prison.
Joshua Shanker, an analyst at Citigroup, says American International Group (AIG) will have no value left after repaying bailout funds. “Our valuation includes a 70% chance that the equity at AIG is zero,” said Shanker. AIG has received over $182 billion as bailout funds from the government so far. Edward Liddy, the outgoing chief executive officer of AIG, said last month at the firm’s annual meeting that the company has an “excellent chance” of repaying the government. Liddy had earlier informed the Congress that the company can pay back bailout funds within 5 years. AIG said last week that its recent losses in derivates could have a “material adverse effect” on its results. “The company has not been forthcoming about the sequence of events that would result in a loss,” Shanker said. “Even a proportionally small loss could be significant.” The outgoing CEO has been under pressure to sell some of AIG’s assets to repay government funds. “The CEO’s motivation and ability to lead may be compromised by his preparations to transition the company’s top seat to another,” Shanker said.
The U.S. government believes that the Swiss bank UBS has about $15 billion in secret accounts meant to evade taxes in the U.S. UBS says it cannot reveal the identity of its account holders on account of Swiss banking laws. Switzerland has made it clear that it would prevent UBS from revealing the identity of account holders. “Switzerland will use its legal authority to ensure that the bank cannot be pressured to transmit the information illegally, including if necessary by issuing an order taking effective control of the data at UBS,” the Swiss government said in a response to U.S. authorities. Analysts believe that this issue souring diplomatic relations between the U.S. and Switzerland. Alan Gold, a district judge in the U.S., has asked the U.S. Justice Department if the government will shut UBS in the United States if the bank does not provide information on its account holders. The Justice Department will have to be careful in answering the judge’s question. “They’re going to have to be very delicate and thoughtful in terms of how they respond to this,” said Peter Hardy, a partner at the Post & Schell, a law firm.