by Calculated Risk on 10/20/2009 10:18:00 PM

A couple of interesting articles and a daily summary ...

From MarketWatch: Treasury to introduce program to help small banks

The ABA and other bank lobby groups for small banks are seeking to have Treasury develop a program to provide TARP funds to small stressed banks -- those with less than $5 billion in assets -- on the cusp of a default that haven't received TARP funds.

And I thought everyone agreed that the FDIC closing small failing banks - albeit slowly - was an example of how bank problems should be resolved. Now we have "Too small to fail"?

Philly Fed Chairman Charles Plosser, in a speech tonight, questioned the effectiveness of many of the recent Fed actions: Sound Monetary Policy for Good Times and Bad

As the crisis unfolded and problems arose in different parts of the financial system, the Fed responded by trying to increase liquidity in several markets through special lending programs. These programs may have had some stabilizing effects on markets and may have lowered some spreads. Yet, without defining in advance a systematic and consistent approach to such lending, these programs also raised uncertainty — in this case, about who would or would not have access to the various facilities. This was illustrated when the Term Asset-Backed Securities Loan Facility (or TALF) was announced. Many market participants lobbied for expanding the categories of securities eligible for the program. Did these multiple lending programs keep lenders on the sidelines waiting to see which asset classes the Fed would support and which it would not? Did this delay the healing of the financial markets?

Bank of England Governor Mervyn King criticized the lack of reform and 'too big to fail'. Here is the text of King's speech. Or see The Telegraph and The Times for excerpts.

Housing Starts were flat in September. And I also posted a short comment on why the focus should be on housing starts (and new home sales), and not existing home sales - and why (briefly) I think a V-shaped recovery is not going to happen: Housing and the Economy

I posted some HAMP Modification Documents and some discussion of a trial modification. Note: Reposted documents with all personal information removed.

There was much more discussion of the first-time home buyer tax credit today. The White House expects to announce a decision in the next couple of weeks.

DataQuick reported that California Mortgage Defaults Trended Down in Q3 . This will be a record year for default notices, and DataQuick also noted that defaults are moving up into higher priced areas.

Note: I recently changed the page layout. It now has the last 5 posts, and then short excerpts and links to previous posts.

by Calculated Risk on 10/20/2009 07:16:00 PM

A quote from Bank of England Governor Mervyn King in the Telegraph: Mervyn King: bank bail-outs created 'biggest moral hazard in history' (ht Jonathan)

"It is in our collective interest to reduce the dependence of so many households and businesses on so few institutions that engage in so many risky activities. The case for a serious review of how the banking industry is structured and regulated is strong. ... The belief that appropriate regulation can ensure that speculative activities do not result in failures is a delusion. ... It is hard to see how the existence of institutions that are 'too important to fail' is consistent with their being in the private sector."

More from The Times: Mervyn King calls for banks to split as public finances take record hit

“What does seem impractical, however, are the current arrangements. Anyone who proposed giving government guarantees to retail depositors and other creditors, and then suggested that such funding could be used to finance highly risky and speculative activities, would be thought rather unworldly. But that is where we now are.

“It is important that banks in receipt of public support are not encouraged to try to earn their way out of that support by resuming the very activities that got them into trouble in the first place.”
...
“To paraphrase a great wartime leader, never in the field of financial endeavour has so much money been owed by so few to so many. And, one might add, so far with little real reform.”

by Calculated Risk on 10/20/2009 05:12:00 PM

From Reuters: White House skeptical on renewing home buyers credit

[Housing and Urban Development Secretary Shaun] Donovan told the Senate Banking Committee that while he was aware the program was popular with lawmakers, "At the same time, I am mindful that these proposals can be very expensive, especially at a time of significant budget deficits."
...
Under questioning, Donovan said the administration would make a decision in the coming weeks after it sees more government data on the cost of the tax credit.
...
"I do not believe that a catastrophic decline would be the result of the end of the credit," Donovan said.
emphasis added

And more from Reuters on the widespread fraud: IRS warned again of U.S. homebuyer credit fraud

The internal watchdog for the U.S. Internal Revenue Service is expected to warn the agency for the fourth time about fraud in the multibillion dollar homebuyer tax credit program ... The inspector general found at least 70,000 tax credit claims, totaling $489 million, were granted to individuals who do not appear to qualify for it. ... The agency has opened 107,000 civil cases related to the credit and identified 167 criminal schemes

From Diana Olick at CNBC: HUD Hints on Home Buyer Tax Credit . Olick reviews Donovan's testimony and writes:

[T]hat sounded more like a "No" to me than a "Yes."

And Rex Nutting at MarketWatch reviews many of the arguments against the tax credit: Kill the wasteful home-buyer tax credit

There are other reasons to oppose the tax credit (other than it is expensive and poorly targeted). An extension of the tax credit will increase the apartment vacancy rate, push down rents, and lead to more defaults for CMBS (with falling rents), see Housing Wire: Rating Agencies See More Pain Ahead for Commercial MBS

[S]ervicers of commercial mortgage-backed securities (CMBS) are ... requiring more time to resolve delinquent loans, according to Fitch Ratings.

The delay for servicers, combined with continued market value declines, indicates loss severities are likely to increase “markedly” for US CMBS well into 2010, according to an annual study by the rating agency.

Multifamily loans in particular, which represent an average cumulative loss severity of 38.6% in 2008, will see a significant increase in loss severity as many markets suffer rising unemployment and oversupply.

And that means more losses for small and regional banks.

And, for fun, from housing economist Tom Lawler (no link, a joke):

Michigan politicians, meanwhile, are arguing that Senator Isakson [sponsor of tax credit] is “almost right” in that housing needs a big boost, but so does the auto industry. As such, legislators from the Wolverine State are working behind the scenes to craft a “bipartisan” bill that would eliminate a home buyer tax credit, but instead would give all home buyers next year an American-made compact car valued up to $15,000 – at, of course, the MSRP, and paid for by the US government. Purportedly one staffer said, “hey, this proposal is no dumber than Isakson’s, and in fact it helps kill two birds with one stone, so to speak!”

This was a joke, but it really is no dumber than the Isakson proposal.

by Calculated Risk on 10/20/2009 04:12:00 PM

For those interested, here are some Wells Fargo (America's Servicing Corporation) HAMP documentation (pdf) (ht Dave).

A few notes:

The borrower is delinquent and hasn't made a payment in about one year.

The trial modification plan (three months) calls for three payments of $1170.82 per month (includes an escrow account for taxes and insurance). This is about $1000.00 less than the borrower's previous monthly payment.

The borrower owes approximately $330,000 (including missed payments). Wells Fargo is waiving the late fees if the borrower completes the trial modification plan.

A similar house has recently sold for $150,000 (distressed sale), so the borrower is probably $150,000 to $180,000 underwater.

Comparable houses rent for close to $1,500 per month. So the borrower is paying less than the going rent on the modified loan.

by Calculated Risk on 10/20/2009 01:30:00 PM

There is a lot of interesting data in the DataQuick report. A few key points:

2009 will be another record year for NODs.

Lenders have change policies and are trying to modify more mortgages.

2006 was a toxic lending year (probably because that was when house prices peaked or were starting to fall).

Defaults are movin' on up into the mid and high priced areas.

Click on graph for larger image in new window.

This graph shows the Notices of Default (NOD) by year through 2009¹ in California from DataQuick.

¹ 2009 estimated as total NODs to date, plus Q3 NODs (as estimate for Q4).

Clearly 2009 is on pace to break the record of 2008. I'd expect something close to 500 thousand NODs for the entire year.

From DataQuick: California Mortgage Defaults Trend Down Again

The number of mortgage default notices filed against California homeowners fell last quarter compared with the prior three-month period, the result of lenders' evolving foreclosure policies, an uncertain legislative environment and an uptick in the number of mortgages being renegotiated, a real estate information service reported.

A total of 111,689 default notices were sent out during the July-through-September period. That was down 10.3 percent from 124,562 for the prior quarter, and up 18.5 percent from 94,240 in third quarter 2008, according to San Diego-based MDA DataQuick.

The number of recorded default notices peaked in the first quarter of this year at 135,431, although that number was inflated by deferred activity from the prior four months.

"It may well be that lenders have intentionally slowed down the pace of formal foreclosure proceedings. If so, it's not out of the goodness of their hearts. It's because they've concluded that flooding the market with cheap foreclosures in this economic environment may not be in their best financial interest. Trying to keep motivated, employed homeowners in their homes might be the most cost-efficient way to stem losses," said John Walsh, DataQuick president.
...
While most foreclosure activity was still concentrated in affordable inland communities, the foreclosure problem continued to slowly migrate into more expensive areas. The state's most affordable sub-markets, which represent 25 percent of the state's housing stock, accounted for 52.2 percent of all default activity a year ago. In third-quarter 2009 it fell to 42.9 percent.
...
Although 111,689 default notices were filed last quarter, they involved 108,372 homes because some borrowers were in default on multiple loans (e.g. a primary mortgage and a line of credit). Multiple default recordings on the same home are trending down, DataQuick reported.
...
Trustees Deeds recorded, or the actual loss of a home to foreclosure, totaled 50,013 during the third quarter. That was up 9.5 percent from 45,667 for the prior quarter, and down 37.1 percent from 79,511 for third-quarter 2008, which was the all-time peak.

In the last real estate cycle, Trustees Deeds peaked at 15,418 in third-quarter 1996. The state's all-time low was 637 in the second quarter of 2005, MDA DataQuick reported.
emphasis added