Sunday, May 6, 2012

Florida foreclosure limbo

Florida foreclosure limbo

Banks that made reckless home loans in south Florida have been
tiptoeing away from foreclosures in a tactic designed to cut
their losses. The result: Orphaned, dilapidated homes dot the
landscape from Kendall to Lake Worth.  There are no owners
willing to claim and care for them.  A months-long Sun Sentinel
investigation of property code violations involving abandoned
homes uncovered case after case in which banks launched
foreclosure lawsuits but then stalled or avoided taking
ownership. In effect, the banks legally sidestepped
responsibility for the empty homes, causing great harm to
neighborhoods.  The real estate industry calls such properties
"bank walkaways." They are no longer maintained by their legal
owners, whether they were investors bailing out of unwise deals
or families in financial ruin who decamped.  Nor are they being
tended to by lenders, which have halted foreclosure proceedings
because the remaining equity in the properties is deemed
inadequate to cover the banks' costs to reclaim title and
maintain, refurbish and sell them.  The practice has contributed
to South Florida's foreclosure "limbo" problem in which thousands
of vacant homes are stuck in unsettled court proceedings for
years.

Spending down, income up

A Commerce Department report showed that personal spending
increased 0.3% in the month, well down from the 0.9% jump in
spending the month before. That was much weaker than the 0.5%
gain in spending forecast by economists surveyed by Briefing.com.
 Income increased a little faster, rising 0.4%, which was an
improvement from the 0.2% rising the previous month. It was the
first time since December that income growth outpaced spending
increases, as consumers dipped into savings the previous two
months in order to deal with rising prices, such as increases in
gasoline prices.  But inflation moderated in March, and it
allowed consumers to increase their savings again. The report
showed that the savings rate, which compares after-tax income to
the level of spending, edged up to 3.8% from 3.7% in February.
That means the average family was saving $38 out of every $1,000
in take-home pay in the month.

ResCap bankruptcy could cost $1.2 billion

A bankruptcy filing on the ResCap mortgage unit could cost parent
company Ally Financial between $400 million and $1.25 billion,
according to a financial disclosure by the bank Friday.  "If a
ResCap bankruptcy were to occur, we could incur significant
charges, substantial litigation could result, and repayment of
our credit exposure to ResCap could be at risk," according to the
filing.  On April 17, Ally disclosed the troubled mortgage unit
missed an interest payment on its debt and would be considered in
default if it wasn't made within 30 days. More than $473 million
on the debt is outstanding.  The unit actually forged a $191
million profit in the first quarter. But according to the filing
Friday, Ally estimates the losses from litigation matters and
repurchase obligations could reach as high as $4 billion over
time.  Barclays Capital analysts predicted the unit could be
placed into bankruptcy within one to two months, and outlined why
selling the servicing rights would be critical for investors in
ResCap issued mortgage-backed securities.  The unit has stopped
lending to real estate developers and homebuilders in the US,
according to the Ally filing Friday.

Student loans are a hot potato

In the political campaigns still taking shape, President Barack
Obama, Republican challenger Mitt Romney and lawmakers of both
parties say they want to protect college students from a sharp
increase in interest rates on federally subsidized loans.  Agree,
they might, and act they surely will. But first, they settled
effortlessly into a rollicking good political brawl.  In less
than 72 hours, what might have looked like a relatively simple
matter mushroomed into a politically charged veto showdown that
touched on the economy and health care, tax cuts and policies
affecting women. Accusatory campaign commercials to follow, no
doubt.  "This is beneath us. This is beneath the dignity of this
House and the dignity of the public trust that we enjoy,"
protested House Speaker John Boehner, R-Ohio as Democrats
maneuvered for position on the student loan bill.

"It shouldn't be a Republican or a Democratic issue. This is an
American issue," Obama said in North Carolina last week as he
broached the topic of legislation in a move to gain support
students in the fall election. He urged his listeners to tweet
their lawmakers and urge them to block an increase in interest
rates on federally subsidized loans issued beginning July 1.
There was partisan pop behind Obama's message, though.  Over two
days of campaign-style appearances on college campuses, he quoted
one unnamed Republican lawmaker as saying she had "very little
tolerance for people who tell me they graduate with debt because
there's no reason for that." Another GOP lawmaker likened student
loans to "stage three cancer of socialism," he said. Both
Republicans quickly said they had been quoted out of context.

Within a day, Romney told reporters he agreed on the need to
prevent the rate increase, while conceding nothing to Obama in
the search for political advantage. "I support extending the
temporary relief on interest rates for students," he said, and
cited "extraordinarily poor conditions in the job market" in a
jab at the president's handling of the economy.  Congressional
Democrats announced they would write legislation to prevent a
doubling of the current 3.4% interest rate, and cover the $6
billion cost by requiring more wealthy individuals to pay Social
Security and Medicare payroll tax.  It was a not-so-subtle
reprise of a campaign perennial, the allegation that Republicans
want to cut programs benefiting those who aren't rich to protect
tax cuts for those who are.  "Let's be honest," said Senate
Republican leader Mitch McConnell of Kentucky. "The only reason
Democrats have proposed this particular solution to the problem
is to get Republicans to oppose it, to make us cast a vote they
think will make us look bad to the voters they need to win the
next election."  He then accused Democrats of wanting to pay for
the legislation "by raiding Social Security and Medicare, and by
making it even harder for small businesses to hire."

TARP exec pleads guilty to fraud

Reginald Harper, former CEO of First Community Bank of Hammond,
La., pleaded guilty to defrauding the firm out of millions of
dollars in phony mortgages.  Harper faces up to five years in
prison and a $250,000 fine. His sentencing is scheduled for Sept.
13. First Community applied for and was approved for $3.3 million
in Troubled Asset Relief Program bailouts in 2008 but withdrew
its application afterward.  Four years prior, Harper loaned $2
million to real estate developer Troy Foquet in 2004 to build out
parcels of real estate, according to the charges.  Once it became
difficult to find qualified homebuyers, Harper would loan
potential buyers money to make it appear to the mortgage lender
the borrower had more cash than they actually did. He also used
"straw" buyers to obtain mortgages, which were used to pay off
the original loans to Foquet.  Foquet also paid Harper with
insufficient checks, which were credited as a loan payment in
order to avoid reporting the delinquency.  Foquet pleaded guilty
to the charges in March.  Executives had the choice of writing
off losses on bad loans or covering up those losses through
fraud," said Special Inspector General for TARP Director Christy
Romero. "Harper chose the latter and concealed the status of the
loans from others at First Community Bank, from the bank's
regulators and in the bank's TARP application."

Fannie and Freddie Servicer Response Timelines on Preforeclosure Sales

Fannie and Freddie Servicer Response Timelines on
Preforeclosure Sales

When evaluating a borrower’s request for Fannie Mae’s
Home Affordable Foreclosure Alternatives (HAFA) program or
the non-HAFA program for Fannie Mae preforeclosure sales,
servicers must comply within the response times described in
Servicing Guide Announcement SVC-2012-07,  Changes to
Servicer Response Times and the Preforeclosure Sale Process
and outlined in the table below.  Servicers must document
the mortgage servicing loan file for validation of
compliance with these response timelines.

Fannie Mae HAFA - Servicer Evaluation of Borrower Response
Package (BRP)

-  Within 3 business days of receipt of the BRP - The
servicer must acknowledge receipt of the BRP to the borrower
either verbally or in writing.

-  Within 5 business days of receipt of the BRP - If the
servicer determines that documentation is missing, the
servicer must send an Incomplete Information Notice to the
borrower.

- Within 5 business days of a decision but in no event more
than 30 calendar days after receipt of a complete BRP - The
servicer must send an Evaluation Notice to the
borrower.  If the servicer determines a HAFA Short Sale is
the most appropriate foreclosure alternative, the HAFA Short
Sale Agreement (Form 184) and the HAFA Request for Approval
of Short Sale without Short Sale Agreement (Form 185) should
be
included with the Evaluation Notice.

Within 30 calendar days after receipt of the complete BRP
but in no event more than 60 days after receipt of the
complete BRP - If the servicer is unable to fully evaluate
the
borrower for a HAFA, including preparation of the Form 184
and Form 185, an extension of 30 calendar days is permitted
as long as the servicer provides weekly verbal or written
status updates to the borrower. All communication must be
documented in the mortgage loan servicing file.  The
servicer must send the Evaluation Notice no later than 60
days after receipt of the complete BRP.

- Within 14 calendar days after return of a fully executed
Form 184 - The servicer must allow the borrower 14 calendar
days to return a fully-executed Form 184 with required
documentation.

- Within 10 calendar day extension of return of fully
executed Form 184 - If necessary, the servicer may allow the
borrower up to 10 additional calendar days to complete the
Form 184 submission.

-  Within 10 business days of receipt of the Form 185 - The
servicer must respond with a decision of approval or denial.


*If the offer results in net proceeds equal to or greater
than the minimum acceptable
net proceeds (MANP), the servicer must approve the short
sale.

*If the offer does not result in net proceeds equal to or
greater than MANP, the servicer must provide a counteroffer
with the denial.

* The MANP should not be disclosed to the borrower.

- 5 business days after communicating a counteroffer - The
servicer must request a response from the borrower on the
purchaser’s decision of a counteroffer.

- Within 10 business days after receipt of revised offer -
The servicer must respond with a decision on a revised offer
from the borrower.

*If the offer results in net proceeds equal to or greater
than the MANP, the servicer must approve the short sale.

*If the offer does not result in net proceeds equal to or
greater than the MANP, the servicer may provide a
counteroffer with the denial.

*The MANP should not be disclosed to the borrower.

Fannie Mae’s Non-HAFA Preforeclosure Sale - Prior to
Receipt of a Preforeclosure Sale Offer

-  Within 3 business days of receipt of the BRP - The
servicer must acknowledge receipt of the BRP to the borrower
either verbally or in writing.

-  Within 5 business days of receipt of the BRP - If the
servicer determines that documentation is missing, the
servicer must send an Incomplete Information Notice to the
borrower.

-  Within 5 business days of a decision but in no event more
than 30 calendar days after receipt of a complete BRP - The
servicer must send an Evaluation Notice to the
borrower. The Evaluation Notice should include the approved
model language provided on eFannieMae.com.

Fannie Mae’s Non-HAFA Preforeclosure Sale –
Preforeclosure Sale Offer Received with a BRP

-  Within 3 business days of receipt of the offer  The
servicer must acknowledge receipt of a short sale offer.

-  Within 5 business days of receipt of the offer  If the
servicer determines that documentation is missing, the
servicer must send an Incomplete Information Notice to the
borrower.

-  Within 5 business days of a decision but in no event more
than 30 calendar days after receipt of a complete BRP - The
servicer must respond to the short sale offer
with approve, approve with conditions, deny with
counteroffer, or “still under review.”

-  5 business days after communicating a counteroffer If the
response is “deny with counteroffer,” the servicer must
request a response from the borrower on the purchaser’s
decision of a counteroffer.

-  Within 10 business days after receipt of revised offer
The servicer must ensure that revised offers are evaluated
within time frames that enable a decision to be communicated
to the borrower within 10 business days after receipt of the
revised offer.

-  30 calendar days after receipt of the BRP  If the
servicer responds with “still under review,” an
extension of 30 calendar days is permitted as long as the
servicer provides weekly verbal or written status updates.
All communication must be documented in the
mortgage loan servicing file.

-  Within 60 calendar days of receipt of the BRP and offer -
The servicer must respond with a final decision.

Economic growth flat
Gross domestic product (GDP) expanded at a 2.2 percent
annual rate, the Commerce Department said on Friday in its
advance estimate, moderating from the fourth quarter's 3
percent rate.  While that was below economists' expectations
for a 2.5 percent pace, a surge in consumer spending took
some of the sting from the report. However, growth was still
stronger than analysts' predictions early in the quarter for
an expansion below 1.5 percent. Although the details were
mixed, the GDP report offered a somewhat better picture of
growth compared with the fourth quarter, when inventory
building accounted for nearly two thirds of the economy's
growth. In the first quarter, demand from consumers took up
the slack.  Consumer spending which accounts for about 70
percent of U.S. economic activity, increased at a 2.9
percent rate - the fastest pace since the fourth quarter of
2010. That compared to a 2.1 percent rise in the fourth
quarter.  Business spending fell at a 2.1 percent pace after
rising 5.2 percent in the fourth quarter.

Excluding inventories, GDP is rose at a 1.6 percent rate. In
the fourth quarter, the comparable figure was just 1.1
percent.  Elsewhere, growth in the first quarter was held
back by a another drop in government defense spending, which
confounded expectations for a strong rebound. An increase in
exports was offset by a rise imports, causing trade to have
virtually no impact on growth. Separately, civilian
employment costs rose more modestly by 0.4 percent during
the first quarter, primarily because growth in benefits
slowed after a sharp rise in last year's fourth quarter,
Labor Department data showed on Friday.  The gain in
employee costs was slightly lower than the 0.5 percent rise
forecast by analysts surveyed by Reuters. Costs had
increased 0.5 percent in the final three months of 2011.
Benefit costs, which account for 30 percent of compensation,
grew by 0.5 percent in the first quarter after a sharp 0.7
percent rise in last year's fourth quarter.  Wages and
salaries - the other 70 percent of costs - were up 0.5
percent in the first three months this year, a pickup from
the 0.3 percent gain posted in last year's closing quarter.

Olick - foreclosures return

"Big jumps in foreclosure activity in cities like
Pittsburgh, Indianapolis, New York and Raleigh pushed the
national numbers higher in the first three months of this
year, according to a new report from RealtyTrac, an online
foreclosure sales and data company.  A majority of U.S.
housing markets posted a quarterly increase in foreclosure
activity, although the numbers are still down from a year
ago.  'First quarter metro foreclosure trends were a mixed
bag,' said Brandon Moore, chief executive officer of
RealtyTrac, adding that the increase in the number of cities
seeing a quarterly jump is, 'an early sign that long-dormant
foreclosures are coming out of hibernation in many local
markets.' Tracking foreclosure activity is a tricky business
right now, as the system has been roiled with problems left
over from the so-called 'robo-signing' foreclosure paperwork
scandal.  The five largest banks signed a $25 billion
settlement agreement earlier this year, requiring them to do
more modifications and write down principal on some troubled
loans. While some expected foreclosure numbers to surge, as
states that require a judge in the foreclosure process
finally start pushing the documents through again, but more
recent data has shown the opposite. As banks work on saving
more loans or doing foreclosure alternatives, like short
sales, deeds in lieu of foreclosure, or deeds for rent
programs, the final foreclosure numbers are falling. New
mortgage delinquencies are also falling, thanks to a slowly
improving jobs picture.

Still, inventories of properties in the foreclosure process
are still abnormally high, and some of the usual markets are
the culprits. Stockton and Modesto, California still have
the highest foreclosure rates in the nation, while Las Vegas
dropped to the eighth spot, with foreclosure activity down
61 percent from a year ago. The Phoenix market is also
improving, although still in the top ten list of foreclosure
rates.  Just over 7 percent of U.S. loans were in some stage
of delinquency in March, and 4.14 percent were in the
foreclosure process, according to a new report from Lender
Processing Services. The delinquency number is down almost 9
percent from a year ago, but the foreclosure inventory is
fairly flat, down 1.6 percent from a year ago, but up
slightly from the previous month. 5.6 million properties are
still in some stage of delinquency or foreclosure. These
numbers, negative home equity, and still-tight credit are
the largest impediments to a robust recovery in the housing
market."

Treasury Secretary wants to open markets to China

Treasury Secretary Timothy Geithner said Thursday the United
States was willing to open up its markets to China and give
it more access to U.S. technologies if Beijing made progress
on issues that concern the United States.  Also Thursday, a
top GOP lawmaker pressed the Obama administration to
increase pressure on China to make currency and trade
reforms.  The comments came ahead of the U.S.-China
Strategic and Economic Dialogue meetings in Beijing next
week. "We are willing to continue to make progress on these
issues, but our ability to do so will depend in part on how
much progress we see from China on issues that are important
to us," Geithner said. He repeated that China's currency,
the yuan, needed to appreciate more rapidly and pledged that
the United States would continue to push aggressively for
fair treatment of U.S. companies doing business with China.
Rep. Dave Camp, chairman of the House of Representatives
Ways and Means Committee, urged the administration to
negotiate an investment treaty with China and to press the
world's second-largest economy to make reforms.  "Plain and
simple, we cannot allow China to continue its unacceptable
trade practices," the Michigan Republican said in a speech,
referring to longstanding barriers to U.S. exports and the
widespread piracy and counterfeiting of U.S. goods.  "The
litany of China's trade distorting policies is deeply
troubling and cannot be allowed to stand," Camp said. "In
addition, we should pursue a Bilateral Investment Treaty
(BIT) with China."  Camp's call for the United States to
begin talks with China on a treaty comes one week before
Geithner and Secretary of State Hillary Clinton travel to
Beijing for high-level talks.

Remodelling Market Index (RMI) flat
Due to a recently discovered computer coding error, the
National Association of Home Builders (NAHB) has revised the
RMI going back to 2006. The error had slightly reduced the
true values of the overall index, as well as its two major
components. The revisions generally show a one point or less
quarterly increase, with quarter-to-quarter patterns
remaining relatively unchanged. Some of the subcomponents
experienced larger revisions but in a counteracting fashion,
so that the impact on the primary indicators was muted.
Remodeling activity remained relatively flat in the first
quarter of 2012, as the Remodeling Market Index (RMI)
compiled by the National Association of Home Builders
decreased one point to 47 from the upwardly revised 48 in
the previous quarter.  The overall RMI combines ratings of
current remodeling activity with indicators of future
activity. An RMI below 50 indicates that more remodelers
report market activity is lower (compared to the prior
quarter) than report it is higher.

In the first quarter, the RMI component measuring current
market conditions dropped one point to 49, while the
component measuring future indicators of remodeling business
fell two points to 44.  “We are seeing that the demand for
remodeling work has been pulled forward because of a mild
winter,” said NAHB Remodelers Chairman George “Geep”
Moore Jr., GMB, CAPS, GMR and owner/president of Moore-Built
Construction & Restoration Inc. in Elm Grove, La. “That is
why many remodelers reported lower numbers for future
activity.”  The three components measuring current market
conditions moved in different directions in the first
quarter: major additions remained even at 44; minor
additions rose one point to 52; and maintenance and repair
dropped four points to 51. Two of the four components
measuring future market indicators decreased: backlog of
remodeling jobs dropped four points to 43 and appointments
for proposals fell five points to 45. Meanwhile, calls for
bids rose one point to 47 and amount of work committed for
the next three months remained even at 42.  Regionally,
remodeling market conditions in the West increased three
points to 47, while the other three regions showed declines:
the Northeast to 48 (from 55), the Midwest to 50 (from 52)
and the South to 46 (from 49).

South Florida Bankruptcies Up

South Florida Bankruptcies Up   South Florida experienced a sharp increase in personal bankruptcies in October, a sign that banks are r...