Origination

A U.S. district court judge in California has denied a motion by JPMorgan Chase Bank to dismiss a lawsuit that alleges the bank illegally reduced a couple's home equity line of credit. Chase argued that the plaintiffs, Jeffrey and Jenifer Schulken, are former customers of Washington Mutual and they should sue the Federal Deposit Insurance Corp. - which approved Chase's acquisition of WaMu - not Chase. But the judge sided with the Schulkens. According to the plaintiffs' attorney Jay Edelson, "Chase's unprecedented position was simple: Chase can harm former WaMu customers with impunity and anyone who suffers damage should sue the FDIC." Chase acquired the troubled WaMu with the approval of the FDIC in September 2008. The bank moved to reduce the plaintiffs' HELOC in March 2009, claiming their income had declined. Plaintiffs claim their income hasn't changed and sued Chase for violating the Truth in Lending Act. If the judge certifies the class act lawsuit, the plaintiffs' attorneys want the class to cover all Chase HELOC customers as well as former WaMu customers. A Chase spokeswoman said the bank does not comment on litigation. Chicago-based KamberEdelson LLC also is pursuing class action litigation against two large institutions that are among Chase's peers for suspending and reducing HELOCs. An FDIC spokesman did not have an immediate comment pending a review of the case by the FDIC's legal team.

Sales of single-family existing homes jumped 9.7% in October following an 8.7% jump in September, as first-time buyers rushed to take advantage of the $8,000 tax credit, according to the National Association of Realtors. NAR economist Lawrence Yun expects robust sales in November and a drop off in December. "With such a sales spike, a measurable decline should be anticipated in December and early next year before another surge in spring and early summer," he said. The Realtors reported that sales of previously owned single-family homes jumped to a seasonally adjusted annual rate of 5.33 million in October from 4.86 million in September. The first-time buyer tax credit was due to expire at the end of November, but Congress extended it and created a new $6,500 tax credit for repeat and move-up buyers. The extension runs from Dec. 1 through April 30 and it gives buyers with a binding sales contract an extra 60 days to close. The median sales price of a single-family home in October was $173,100 in October, down 6.8% from a year ago. The Realtors noted that 30% of sales involved short sales and foreclosed properties. Meanwhile, inventories of unsold homes, including condominiums and coops, fell to a seven-month supply at the current sales pace. The supply of homes on the market is now at the lowest level in two and a half years, the NAR chief economist said.

The origination of commercial mortgages backed by apartment buildings fell 40% in 2008 to $88 billion with a small cadre of lenders dominating the market, according to an analysis released by the Mortgage Bankers Association. The trade group said 2,877 different lenders funded multifamily loans during the year with PNC Real Estate, Wachovia (now part of Wells Fargo), Wells Fargo, Capmark Financial and Deutsche Bank Commercial Real Estate having the largest market shares. (Capmark recently filed for bankruptcy protection.) MBA found that 26% of lenders that funded MF loans made just one mortgage on these properties in 2008. And two-third of originators made five or less. Over the past year multifamily loan defaults have been on the rise even though housing analysts believe there will be more renters because of a weak job market.

The United Kingdom's year-to-year gross mortgage lending could slow down a bit on a monthly basis in coming months but it might start to look a little better on a year-to-year basis. "The sharp drop in lending volumes at end of 2008 and beginning of 2009 should lead to a relative improvement in year-to-year comparisons, according to the Council of Mortgage Lenders, London. But on a monthly basis lending could see its usual seasonal declines. In the latest month, October, U.K. gross mortgage lending was 13.5 billion pounds ($22.3 billion). This was up the usual seasonal 5% from the previous month but down 27% from the same month a year ago. The CML said this is in line with its most recent forecast of about 141 billion pounds ($233 billion) in gross mortgage lending for 2009 as a whole. "There has been a significant change in the type of lending taking place from the start of the year. House purchase activity has picked up significantly," said CML economist Paul Samter. He added that, in contrast, refinancing has dropped to record lows. However, he said the coming months "are likely to be dominated by seasonal factors rather than underlying change."

Barclays Capital has entered into a joint venture with Goff Capital, Inc., to acquire Crescent Real Estate Equities LP from Morgan Stanley Real Estate Funding II. John Goff has been named as chairman and chief executive of Crescent. Until its sale to Morgan Stanley in 2007, he was Crescent's vice chairman and CEO. "The quality of Crescent's portfolio is strong and I look forward to partnering with the Crescent and Barclays Capital teams to manage the company through the current cycle and ensure that we are well positioned for the market recovery," said Mr. Goff.

The National Reverse Mortgage Lenders Association is in the final stages of "publicly naming" an overly aggressive third-party lead generation company which has consistently violated the group's ethics and standards policies. A public naming is the last of six different sanctions that NRMLA can place against its members. The company, which still has the opportunity to appeal, already has been placed on probation, then suspended and finally expelled from the group, according to President Peter Bell, who declined to reveal the identity of the rogue company. "Now we're ready to report (the company) to the authorities and alert our members," he said. Four to six cases a month come before NRMLA's ethics panel, 70% because of problems with their advertising, the NRMLA leader told the conference.

False and misleading advertising was described at the National Reverse Mortgage Lenders Association's annual conference in San Diego as a "cancer" on the reverse lending business. "Even legal is not a high-enough standard, not in the eyes of the people looking over our shoulders," said NRMLA president Peter Bell during a session which covered many of the words, phrases and other come-ons that have attracted the ire of consumer advocates and policy makers. "Bad advertising is a poor reflection on each and every one of us," agreed moderator Jean Noble of Senior Lending Network, Melville, N.Y., a reverse mortgage servicer. Misleading advertising is "a huge liability for everybody in this room," Richard Peters, a direct marketing expert and a consultant to MetLife Bank's Reverse Mortgage Division, told the 650 attendees. "It takes 20 good ads to overcome one bad one." Poorly worded direct mail pieces, many of which are designed to look like they came from a government agency, "have policy makers hopping mad," Mr. Bell said. "Most of the regulatory issues we face are triggered by this kind of stuff." Noting that reverse mortgage lenders are working with a vulnerable population that is a protected class, the NRMLA president said the industry "has a duty to do more than use effective advertising."

Bank of America plans to sell $460 million of mortgage securities backed by commercial real estate loans without relying on a Treasury program to aid lending in that market. According to Bloomberg, the security is backed by mortgages on office and industrial properties in Florida. The bonds are split into four portions, the largest of which is $350 million of top-rated debt. Fortress Investment Group LLC is the sponsor of the transaction.

The House Financial Services Committee has approved an amendment that cuts a 10% risk retention requirement on sales and securitizations of mortgages down to 5%. Industry groups supported the amendment by Rep. Walt Minnick, D-Idaho, that was approved by a voice vote and attached to a regulatory reform bill. The Mortgage Bankers Association and others are disappointed, however, that the amendment does not exempt Federal Housing Administration, Fannie Mae and Freddie Mac eligible loans from the 5% risk retention requirement. "It is a step in the right direction. But we would like them to go further," said MBA senior vice president Steve O'Connor. The Minnick amendment gives regulators the discretion to set the risk retention requirement between zero and 5%, depending on the quality of the loans. But industry groups really wanted a total exemption for FHA, Fannie and Freddie loans that was included in a subprime lending bill (H.R. 1728) the House passed in May. Only loans guaranteed by the Department of Veterans Affairs and the Rural Housing Service are totally exempt under the Minnick amendment.

Credit scores on FHA single-family loans have risen steadily over the past three years with the average score reaching 689 at the end of September, a 10% improvement from a year ago. Lenders originated a record $328.1 billion in Federal Housing Administration loans in FY 2009 and 44% of the loans have FICO scores above 680. Only 13% have FICO scores below 620, which is generally considered subprime. In FY 2007, when FHA endorsements totaled $55.5 billion, only 19% of the loans had FICO scores above 680 and 47% of the loans had FICO scores below 620. (FICO stands for Fair Isaac & Co., which compiles credit scores on consumers.) "The improved credit quality of FHA's recent originations debunks the myths that FHA is being overrun by subprime loans," said Brian Chappelle, a partner in Potomac Partners of Washington. Mr. Chappelle is basing his beliefs on a recent audit of FHA's single-family portfolio and a FHA report to Congress. He noted that loans with FICO scores above 680 perform four-times better than loans with FICOs below 620.