by Peter S. Goodman
Thursday, July 30, 2009

provided by
The New York Times

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J. Emilio Flores for The New York Times
Alfred Crawford wants to sell his house in Los Angeles. As it adds fees, Bank of America has blocked his efforts.

This week, the Obama administration summoned mortgage company executives to Washington to demand they move faster to lower payments for homeowners sliding toward foreclosure. Treasury officials called on the companies to hire and train more people quickly to field applications for relief.

But industry insiders and legal experts say the limited capacity of mortgage companies is not the primary factor impeding the government’s $75 billion program to prevent foreclosures. Instead, it is that many mortgage companies are reluctant to give strapped homeowners a break because the companies collect lucrative fees on delinquent loans.

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Even when borrowers stop paying, mortgage companies that service the loans collect fees out of the proceeds when homes are ultimately sold in foreclosure. So the longer borrowers remain delinquent, the greater the opportunities for these mortgage companies to extract revenue — fees for insurance, appraisals, title searches and legal services.

“It frustrates me when I see the government looking to the servicer for the solution, because it will never ever happen,” said Margery Golant, a Florida lawyer who defends homeowners against foreclosure and who worked in the law department of a major mortgage company, Ocwen Financial. “I don’t think they’re motivated to do modifications at all. They keep hitting the loan all the way through for junk fees. It’s a license to do whatever they want.”

Rich Miller, a governance project manager at Countrywide Financial and Bank of America before he left in January, said Bank of America had been reluctant to modify loans, which hurt the bottom line. The company has been waiting and hoping the economy will improve and delinquent customers will resume making payments, he said.

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“That’s the short-term strategy,” said Mr. Miller, who oversaw training programs at Countrywide, which was bought by Bank of America. He now works as an industry consultant.

Bank of America disputed that characterization. “To think that somehow or other we would jeopardize investor relationships and customer relationships for the very small incremental income we would receive by delaying seems ludicrous,” said Robert V. James, the bank’s senior vice president for mortgage operations and insurance. “It’s not the right thing to do.”

Mortgage companies, some of which are affiliated with the nation’s largest banks, are paid to manage pools of loans owned by investors. The companies typically collect a percentage of the value of the loans they service. They extract their share regardless of whether borrowers are current on their payments. Indeed, their percentage often increases on delinquent loans.

Legal experts say the opportunities for additional revenue in delinquency are considerable, confronting mortgage companies with a conflict between their own financial interest in collecting fees and their responsibility to recoup money for investors who own most mortgages.

“The rules by which servicers are reimbursed for expenses may provide a perverse incentive to foreclose rather than modify,” concluded a recent paper published by the Federal Reserve Bank of Boston.

Under the Obama administration’s foreclosure program, a servicer that modifies a loan for a homeowner collects $1,000 from the government, followed by $1,000 a year for each of the next three years. A senior Treasury adviser, Seth Wheeler, said these payments amounted to “meaningful incentives to servicers to help overcome the challenges and competing demands they face in considering and completing loan modifications.” He added that mortgage companies “are contractually obligated to the terms of this program, which require them to offer modifications to qualified borrowers.”

But experts say the administration’s incentives are often outweighed by the benefits of collecting fees from delinquency, and then more fees through the sale of homes in foreclosure.

“If they do a loan modification, they get a few shekels from the government,” said David Dickey, who led a mortgage sales team at Countrywide and Bank of America, leaving in March to start his own mortgage advisory firm, National Home Loan Advocates. By contrast, he said, the road to foreclosure is lined with fees, especially if it is prolonged. “There’s all sorts of things behind the scenes,” he said.

When borrowers fall behind, mortgage companies typically collect late fees reaching 6 percent of the monthly payments.

“For many subprime servicers, late fees alone constitute a significant fraction of their total income and profit,” said Diane E. Thompson, a lawyer for the National Consumer Law Center, in testimony to the Senate Banking Committee this month. “Servicers thus have an incentive to push homeowners into late payments and keep them there: if the loan pays late, the servicer is more likely to profit.”

She cited Ocwen Financial, which reported that nearly 12 percent of its income in 2007 came from fees to borrowers.

Paul A. Koches, Ocwen’s general counsel, said: “We’d prefer that to be zero. The costs associated with our delinquent loans are in every instance in excess of the late fees.”

Data on delinquencies reinforces the notion that servicers are inclined to let problem loans float in purgatory — neither taking control of houses and selling them, nor modifying loans to give homeowners a break.

From June 2008 to June 2009, the number of American mortgages that were 90 days or more delinquent soared from 1.8 million to nearly 3 million, according to the realty research company First American Core Logic. During that period, the number of loans that resulted in the bank taking ownership of the home declined to 245,000, from 333,000.

As a home slides toward foreclosure, mortgage companies pay for many services required to take control of the property and resell it. They typically funnel orders for title searches, insurance policies, appraisals and legal filings to companies they own or share revenue with.

Ocwen established its own title company, Premium Title Services, in part to keep more of the revenue from foreclosures, said Ms. Golant, who helped start it.

“It was hugely profitable,” she said. “Premium Title would charge for the title when it got transferred to Ocwen, then charge again when it got transferred to the new buyer, and then sell title insurance. It was easy money.”

Mortgage companies not only gain this extra business through their subsidiaries, but also collect reimbursement for the payments when the houses are sold.

The investors who own bad mortgages accept whatever is left. Investors typically do not notice how much they give up to the servicers, because fees are embedded in complex sales.

“It’s under the radar,” Ms. Golant said.

Ultimately, the benefits of delinquency erode incentives for mortgage companies to dispose of troubled loans quickly, say experts, allowing distressed houses to decay and fall in value — a fact of little interest to the servicer.

“At the end of the day, it doesn’t matter what the house sells for, because they don’t take that loss,” said Ms. Golant. “Meanwhile, they are collecting all these fees.”

  • On Thursday July 23, 2009, 11:25 am EDT

The average 30-year fixed mortgage slipped to 5.55% from 5.58% the week prior, and the 15-year fixed fell to 4.89% from 4.93%, according to the weekly national survey from Bankrate.com.

Recently rates have been “yo-yoing as corporate earnings announcements and economic data toy with investor sentiment,” the report noted.

On Wednesday Bernanke gave his semi-annual congressional testimony on the state of the economy, saying the central bank will “likely keep interest rates low for an extended period of time,” the Bankrate report noted.

A separate Thursday report showed sales of existing homes disappointed again in June, rising just 3.6%.

Current mortgage rates remain much lower than last year’s levels, when the average 30-year fixed was 6.77%, according to Bankrate.com.

At the current rate of 5.55%, the monthly payment on a $200,000 mortgage would be $1,141.86, or about $158 less than the monthly payment at last year’s rate.

Adjustable-rate mortgages: ARMs “continue to post mixed results,” the report said, with the average 1-year ARM rising to 5.23% from 5.22%, and the 5-year ARM falling to 4.93% from 4.98%.

By Alister Bull

WASHINGTON (Reuters) – U.S. existing home sales notched their third monthly rise in June and prices hit their highest level since October, fueling hopes that the housing sector is finally on the mend and will help propel a broader economic recovery.

Other data on Thursday showed a jump in new claims for jobless aid last week, but a decline in claims by those already receiving benefits. The Labor Department said the numbers were distorted by a seasonally unusual pattern of layoffs in the auto sector that should fade in the next week or so.

Some analysts, however, read the jobs report as evidence that employment conditions are stabilizing and said this chimed with other signs that the economy has stopped shrinking.

U.S. stocks surged more than 2 percent on the home sales data. The Dow Jones industrial average punched through the 9,000 mark for the first time since January as investors took heart that a turn in the housing market — seen as a linchpin of the economy — would end a severe U.S. recession and help deliver growth over the rest of the year.

The National Association of Realtors (NAR) said sales of existing homes in June rose 3.6 percent to an annual rate of 4.89 million units, compared with a downwardly revised 4.72 million pace in May. The June reading topped forecasts for a 4.84 million unit annual pace.

“This is a very good report, as it suggests that the recent momentum in U.S. housing activity may be gathering some traction as U.S. homebuyers take advantage of the very favorable mortgage rates and home prices,” said Millan Mulraine, economics strategist at TD Securities in Toronto.

The NAR said it was the first time the industry had experienced three straight months of gains in existing home sales since early 2004.

“Overall, the news is positive. We have increasing home sales for the third straight month, declining inventory and although prices fell, they declined at a less steep pace,” Lawrence Yun, NAR chief economist, told a press conference.

“The housing market is healing after four years of recession,” he said.

INVENTORIES DOWN

The inventory of existing homes for sale declined 0.7 percent to 3.82 million in June. The median national home price came in at $181,800, down 15.4 percent from the same period a year ago. But the median price was up 4.0 percent compared with the month before and at the highest level since October.

“The months supply of home for resale is coming down and home prices are falling at a slower pace overall, providing more evidence that the housing market is stabilizing,” said Torsten Slok, a senior economist at Deutsche Bank in New York.

NAR’s Yun said that the inventory of previously owned homes for sale represented 9.4 months’ supply at the current pace of sales, down from 9.8 months’ in May.

This was still above the historic average of six months’ supply, which Yun said was consistent with a national price appreciation of around 4.0 percent.

Seven to eight months’ supply would be consistent with no change in median prices, so the fundamentals still point to lower house prices over the rest of the year, he said.

Freddie Mac, the second biggest U.S. home financing provider, separately said that average 30-year fixed U.S. mortgage rates rose by 0.06 of a percentage point in the past week to 5.20 percent, increasing for the first time in three weeks, but remained sharply lower than a year ago.

JOBS CLAIMS

On the jobs front, the U.S. Labor Department said that seasonally adjusted initial claims for jobless aid rose 30,000 to 554,000 in the week ended July 18, which was roughly in line with analysts’ forecasts.

A department official noted that the data in July was distorted by an unusual pattern of seasonal layoffs, which he expected would fade in the next week or so. Analysts, nonetheless, saw the numbers as positive.

“After 22 consecutive weeks where new applications for unemployment benefits held above 600,000, we have now seen three straight weeks below that threshold, wrote Bernard Baumohl, chief global economist at The Economic Outlook Group in Princeton, New Jersey.

“Evidence continues to mount the economy has finally turned the corner and that the weekly claims data is just one more pointing to a recovery under way,” he said.

Continued claims of people still on jobless aid after an initial week of benefits fell by 88,000 to 6.225 million in the week ended July 11, the latest for which data is available. Analysts expected continued claims of 6.32 million.

The Labor official said there were more layoffs than anticipated based on past experience in adjusted claims in the automotive sector and elsewhere in manufacturing, following two weeks when there had been fewer layoffs.

“Right now it is difficult to say until we are out of this four-week period in July where things really are, but my gut feeling is things are improving but not at a rapid pace,” said Rudy Narvas, a senior analyst at 4cast Ltd in New York.

(Additional reporting by Chris Reese, Lynn Adler and Julie Haviv in New York, editing by Leslie Adler)

ap

Freddie Mac receives additional $6.1B from gov’t

Freddie Mac receives additional $6.1 billion from government to help offset its liabilities

  • On Wednesday July 1, 2009, 10:06 am EDT

NEW YORK (AP) — Battered mortgage giant Freddie Mac received $6.1 billion in new funds from the Treasury Department to help offset its mounting liabilities, according to a regulatory filing submitted Wednesday.

The Federal Housing Finance Agency, which has been operating Freddie Mac since last fall, requested the funds for Freddie Mac after the mortgage firm’s liabilities exceeded its assets by more than $6 billion, according to the filing with the Securities and Exchange Commission.

After drawing the funds, Freddie Mac has now received $51.7 billion from the Treasury Department and still has access to an additional $149.3 billion to help it finance operations.

In early May, Freddie Mac said it would seek the additional funds to help offset its worsening books as it continues to hemorrhage cash amid the ongoing housing market downturn. It was the third time since Freddie Mac was taken over in September that it has requested funds.

The McLean, Va.-based company posted a loss of $9.9 billion, or $3.14 per share, for the quarter ending March 31. The results were driven by $8.8 billion in credit losses due to soaring delinquency rates and falling home prices, and $7.1 billion in write-downs of the value of its mortgage-backed securities.

Freddie Mac has been among the hardest hit financial firms, along with fellow mortgage guarantor Fannie Mae, amid the housing slump, credit crisis and ongoing recession. Mounting losses led to government takeovers amid concern the collapse of the mortgage companies would throw the housing market into further chaos.

Washington-based Fannie Mae and Freddie Mac play a vital role in the mortgage market by purchasing loans from banks and selling them to investors. Together, the companies own or guarantee almost 31 million home loans worth about $5.5 trillion. That’s about half of all U.S home mortgages.


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