Felix Salmon Says BofA’s Principal Write-downs Are Only The Beginning

Steve Dibert, MFI-Miami

I have to admit when Bank of America announced last week that they were going to begin issuing principal write downs for a select group of homeowners I was and still am skeptical of anything the banks say will benefit homeowners.  I still believe this announcement by Bank of America is similar to Carnival Barkers luring people into rigged ring tossing tents at travelling carnival.

Then after I made these comments I read a  blog by one of my favorite financial bloggers, Felix Salmon from Reuters. He disagrees with me and believes this the beginning of universal mortgage write downs by the vast majority of mortgage lenders.  I don’t share Felix’s optimism because I have clients who have been burned by the banks by believing what they tell them.

Felix’s optimism is the reason I like his style.  He’s an Englishman who doesn’t blog or write like an stereotypical English finance writer. Most English financial writers dress like the politicians from Stanly Kubrick’s A Clockwork Orange from 1971 and spout outdated Thatcheresque dogma from the 1980s while trashing Americans as if they live high atop some Ivory Tower like Edward Longshanks.

Felix Salmon has shattered that stereotype in a big way.  He understands finance and along with Max Keiser are the two media types in the world that can breakdown very complex financial formulas and explain it so you don’t need a MBA in finance to understand what he’s talking about.  He also writes with a sense of optimism and wonderment that is rare and at one time was considered American.

This why I found his Reuters editorial from last week so fascinating even though I disagree with his overall premise.  He not only breaks down what has gone wrong in the past 4 years but actually gives some common sense approaches to fixing it.   Here’s an excerpt:

So what should happen when people get into trouble making their mortgage payments on a house that is underwater? After 2008, banks tended to do one of two things. They waited for an interminable amount of time, then initiated foreclosure proceedings and kicked the family out of their home. Alternatively, they worked out a mortgage modification that didn’t reduce the amount owed by a single dollar, thereby maximizing the probability of a redefault and of the homeowner’s having to go through the same painful process all over again.

There are multiple ways of doing this better. The simplest is just for the banks to unilaterally reduce the principal amount owed on a mortgage. It’s much more effective, always, for a bank to reduce principal and keep the interest rate constant than it is to do what they tended to do after 2008, which was to keep the principal constant and reduce the interest rate. Why don’t they reduce principal? They don’t because doing so involves writing down the value of the mortgage on their books — something they’re bound to do sooner or later, but which they’d much rather do later than sooner.

You can read the whole article here.  It’s worth the read.

 

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BofA CEO Moynihan Faces Scorn Of Shareholders And Protesters

Tells Shareholders To Call Toll-free Number About Mortgage Servicing Issues

Hugh Son, Bloomberg

Bank of America Corp., the second- biggest U.S. lender, is following a “disciplined” strategy to rebuild, Chief Executive Officer Brian T. Moynihan said today as protests swirled inside and outside the firm’s annual meeting.

Moynihan, 52, presided over a contentious two-hour gathering as shareholders pressed him on complaints ranging from mortgage practices and foreclosures to customer service and political contributions. One attendee at the Charlotte, North Carolina event lamented the lost value of his shares and referred to the bank as “a felon.”

“We abide by the law every day,” Moynihan said, adding that managers are cleaning up the bank’s practices and that 50,000employees are giving borrowers “every chance” to get mortgage modifications. “I think we’re doing everything we can,” he said.

Investors and protesters from San Francisco to London have used shareholder meetings this year to denounce financial firms for making shoddy loans and overpaying executives. Bank of America’s stock has lost almost half its value since the start of 2010, when Moynihan was named CEO.

Much of the criticism stems from Bank of America’s 2008 takeover of Countrywide Financial Corp. The subprime lender has been blamed by lawmakers for fueling the housing collapse, by regulators for sloppy and discriminatory lending and by investors for driving more than $40 billion of costs tied to soured mortgages and improper foreclosures.

Mortgage Servicing

At least three speakers at the meeting told Moynihan that the bank has failed to improve mortgage servicing after years of complaints that employees gave wrong information, didn’t return phone calls and repeatedly lost paperwork.

“You’ve got to do something about your mortgage servicing,” one speaker told Moynihan. The CEO told borrowers in the hall and “everyone out there” that he personally pledged the bank would work with them. “You can call us and we will figure it out,” he said, eliciting laughter in the audience as he encouraged them to dial a toll-free number. Moynihan said 1 million modifications have been completed, “and I don’t think we could have done that without being competent.”

Read more here

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Fannie Mae Refused To Spank Countrywide’s Fannie for Bad Debt

Jody Shenn, Bloomberg

Fannie Mae refused to seek large amounts of mortgage repurchases from Countrywide Financial Corp. as housing began to crash, according to the former head of its regulator.

James Lockhart, who led the Federal Housing Finance Agency until 2009 and its predecessor, the Office of Federal Housing Enterprise Oversight, “spent a lot of time” pushing Fannie Mae executives to seek more so-called putbacks on Countrywide loans that failed to match their promised quality, he said today.

“They didn’t want to offend their largest customer,” Lockhart, now the vice chairman at investment firm WL Ross & Co., said during a speech at a Mortgage Bankers Association conference in New York.

Trends in mortgage-repurchase demands are among “procyclical” issues in the market, or items that can lead to looser credit during a boom and tighten standards during tougher times, Lockhart said. Policy makers should strive to lessen the dynamic as they remake the housing-finance system, he said.

“If people had known how bad the repurchases were going to get, we’d certainly have had a lot more disciplined underwriting,” Lockhart said in an interview. His discussions with Fannie Mae (FNMA) officials about Countrywide loans took place in 2006 or 2007, he said.

Fannie Mae and competitor Freddie Mac, the mortgage-finance companies, are being sustained on injections of taxpayer capital after being seized in 2008. Countrywide, once the largest U.S. home lender, was bought by Bank of America Corp. that year.

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Swiss Missed: UBS loses bid to dismiss FHFA mortgage debt case

Jonathan Stempel, Reuters

A U.S. judge has rejected UBS AG’s (UBSN.VX) bid to dismiss a federal regulator’s lawsuit accusing it of misleading Fannie Mae (FNMA.OB) and Freddie Mac (FMCC.OB) into buying billions of dollars of risky mortgage debt.

U.S. District Judge Denise Cote in Manhattan said on Friday that the Federal Housing Finance Agency may pursue claims that UBS violated federal securities laws by misleading Fannie Mae and Freddie Mac into buying $6.4 billion of subprime and other residential mortgage-backed securities.

The case is one of 17 that the FHFA filed last year against banks over losses suffered by the housing finance giants on approximately $200 billion of mortgage debt. Cote’s decision is the first to consider a defendant bank’s motion to dismiss, and the judge’s reasoning may also be applied in the other cases.

“The court is essentially saying that banks do not get to plead ignorance when they had an obligation to provide information to investors,” said Kathleen Engel, a professor at Suffolk University Law School in Boston and co-author of “The Subprime Virus.”

“It will give the FHFA a lot of confidence to pursue its cases, and make the banks very skittish.”

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