Servicing

Freddie Mac has refinanced nearly 29,000 loans under the Obama administration's Home Affordable Refinance Program, which is designed to give borrowers with loan-to-value ratios above 80% a chance to refinance and lower their mortgage payments. As previously reported, Fannie Mae has purchased 32,000 HARP refinancings since the program got rolling in April, including 16,000 refinancings in the month of July alone. "Over 60,000 borrowers with mortgage loans that exceed 80% of the house value up to 105% have been refinanced," the Federal Housing Finance Agency said. The agency recently expanded the refinancing program to allow underwater borrowers with loan-to-value ratios of up to 125% to participate. Fannie Mae will start delivery of these loans with LTVs over 105% on Sept. 1 and Freddie Mac will start Oct. 1.

The Federal Reserve said it would continue to support mortgage lending and the housing markets by purchasing agency mortgage-backed securities after concluding a two-day meeting of its Federal Open Market Committee. The FOMC members renewed the Fed's commitment to purchase up to $1.25 trillion in MBS issued by Fannie Mae, Freddie Mac and Ginnie Mae by the end of this year. The Fed has purchased $721.2 billion in agency MBS since last December. "Although economic activity is likely to remain weak for a time, the committee continues to anticipate that policy actions to stabilize financial markets and institutions, fiscal and monetary stimulus, and market forces will contribute to a gradual resumption of sustainable economic growth in the context of price stability," according to a FOMC statement. The Federal Reserve also renewed its commitment to purchase $200 billion in Fannie, Freddie and Federal Home Loan Bank debt by yearend. It has already purchased $107.3 billion in agency debt.

Taylor, Bean & Whitaker, the nation's 13th largest residential lender, is expected to file for bankruptcy protection as soon as this week, according to industry sources and published reports. At press time company CEO and part owner Lee Farkas could not be reached for comment. Investment banking sources told National Mortgage News that the Ocala, Fla.-based TBW, a non-bank, had borrowed heavily against its $78 billion residential servicing portfolio. It's unclear how much the non-bank borrowed but the money was part of a $300 million investment that TBW put together to invest in Colonial Bancshares of Alabama, its largest warehouse lender. The money-losing Colonial — also the nation's largest warehouse provider — is expected to eventually be taken over by the Federal Deposit Insurance Corp. TBW shut down its lending operation last week after the Federal Housing Administration suspended it as a lender and seized its Government National Mortgage Association servicing rights. Dow Jones reported that a bankruptcy filing is "imminent" for the lender, saying that an internal e-mail at TBW, dated Aug. 10, referred to a new computer folder "to assemble all of our bankruptcy detailed spreadsheets and support."

Despite legislative efforts to delay foreclosures, in July foreclosure activity in Illinois increased almost 35% from June, boosted by an 86% surge in default notices, according to the latest U.S. Foreclosure Market Report from RealtyTrac. A state law enacted April 5 gave delinquent borrowers an extension of up to 90 days before the start of the foreclosure process resulting in low levels of filings in May and June. The report shows foreclosure filings were reported on 360,149 properties, up 7% from June and an increase of 32% from July 2008. "We're seeing significant growth in both the initial notices of default and in the bank repossessions," said James Saccacio, chief executive officer of RealtyTrac. Nevada documented the nation's highest state foreclosure rate, although initial default notices in Nevada decreased 18% from June. This is likely the result of a new state law requiring lenders to offer mediation to homeowners facing foreclosure, which took effect July 1. Scheduled auctions and real estate owned assets in Nevada both increased more than 20% from June, boosting overall foreclosure activity in the state by 4% on a month-over-month basis. Initial defaults in California spiked 15% from June, and the state registered the nation's second highest state foreclosure rate for the third month in a row. Scheduled auctions in California were down 1% from June, but REO was up 4%. In Arizona, scheduled auctions jumped 25% from June while bank repossessions stayed flat. The top four state foreclosure activity totals in July were reported by California, with 108,104 properties receiving a foreclosure filing; Florida, with 56,486 properties; Arizona, with 19,694 properties; and Nevada, with 19,535 properties. Together these four states accounted for nearly 57% of the nation's total foreclosure activity.

Almost one in three mortgaged homes in the U.S. — representing 15.2 million loans — now has negative equity, according to a new report issued by First American CoreLogic. FACL says 32.2% of mortgages have negative equity (under water loans) compared to 32.5% in March. However, just because a loan is under water that doesn't necessarily mean it will go into default. The improvement, the company said, reflects, "the recent flattening of monthly home price changes." The homes that are underwater have an aggregate property value of $3.4 trillion, which represents the total property value at risk of default. California leads the nation in at-risk negative equity ($969 billion in home values), followed by Florida ($432 billion), New Jersey ($146 billion), Illinois ($146 billion) and Arizona ($140 billion).

First American Flood Data Services, Austin, has launched a new website dubbed FAFlood.com designed to give users efficient access to a range of flood determination services, products and information from a single source. The site introduces features and functions that include streamlined navigation, and aims to provide more useful tools and more detailed information about services offered. Features on the website, such as event schedules, legislative updates and upcoming map revisions are designed to make it easier for customers to track developments at First American Flood Data Services and within the flood risk management industry. Additional upgrades include a virtual tour of the First American Flood Data Services facilities.

All Risks Ltd. has joined the REO Asset Alliance and it plans to help the partnership offer its first insurance product. All Risks, a wholesale brokerage firm based in Hunt Valley, Md., joins the initial five Alliance partners - Avalar Network, Inc., DDN Services, ECJ Asset Management, TrustTitle and TT Lender Solutions. Through its membership in the REO Asset Alliance the firm will make its customizable "REO and Lender Placed Insurance Program" available to lenders and investors with REO property holdings. The program combines property and liability insurance for residential dwellings, manufactured homes, commercial property and vacant land. The program also provides web-based administration, enabling policyholders to monitor their coverage amounts, run their own monthly reports, apply daily prorated premiums and delete properties when they are sold in a timely manner to help contain costs. According to Tom Elder, financial institutions underwriter at AllRisks, timely portfolio management can reduce a lender's insurance costs by 20% and in some cases by as much as 50%. All Risks insures commercial banks, credit unions, savings and loans, mortgage banks, and financial institutions that service and/or invest in mortgages. The alliance is a collaborative effort to help lenders and investors manage and maximize the value of their distressed real property assets.

Standard & Poor's is considering offering "stressed recovery ratings" for all senior tranches of certain residential mortgage-backed securities that originally received S&P's top rating but subsequently saw severe downgrades. The new ratings would be offered on U.S. prime, alternative-A and subprime RMBS that originally carried a AAA rating but later slipped to a speculative grade rating of BB+ or below. They would be designed to complement a security's current credit rating by providing S&P's opinion of the projected principal recovery on a security if it defaults. The rating agency is currently planning to express this as a percentage of the security's initial par amount but is seeking input on, among other things, whether market participants might want to see this expressed in another way.

GMAC-ResCap has entered into an arrangement with Mountain Funding LLC to provide asset servicing and consulting advice for some of the REO assets in GMAC-ResCap's Business Capital Group portfolio in a deal that will put a former ResCap-BCG executive at the head of a Mountain unit. The arrangement, which was completed through Mountain's asset management affiliate, the Charlotte, N.C.-based Mountain Special Servicing LLC, has been in process for several months. "There were no layoffs associated with this transaction. A small group of employees left ResCap to immediately join Mountain Funding as per agreement between both firms," said a spokesperson for GMAC-ResCap. Mountain Funding has absorbed 14 members of senior management from the REO asset management group. Joining Mountain Special Servicing as managing director will be GMAC-ResCap's former head of ResCap-BCG REO management, Joel Kaul, who will head up the company's residential asset management group. Combined with its existing portfolio, Mountain Special Servicing now has 90 assets under management, totaling $1 billion in unpaid principal balance. The assets are diversified over 20 states and include residential land development, residential lot development/sale, housing construction/sale, commercial land development, subperforming retail centers, fractured condos, apartments, and resort development. ResCap, the fifth largest mortgage servicer, said it continues to provide mortgage servicing and subservicing for a portfolio of approximately 2.6 million mortgage loans.

Ocwen Loan Servicing LLC has inked a deal to be the interim servicer for Freddie Mac on 24,000 nonperforming single-family loans with a principal balance of $4.4 billion. The deal, effective Aug. 10, was revealed in a recent Securities and Commission filing by Ocwen's parent, the publicly traded Ocwen Financial Corp. of West Palm Beach, Fla. No further details were available at press time. Ocwen is the nation's ninth largest subprime/scratch and dent servicer, according to the Quarterly Data Report. Meanwhile, Ocwen executives are on a road show, promoting an additional common stock offering which could raise up to $250 million. J.P. Morgan Securities, Barclays Capital, and Wells Fargo Securities are the joint book running managers on the deal.