More Banks in Trouble, But Profits Are Rising

By KEVIN G. HALL
McClatchy Newspapers

WASHINGTON — The number of banks on a government "problem list" rose to 829 in the second quarter of this year, the Federal Deposit Insurance Corp. said Tuesday, a sign that bank failures may surpass last year’s 140 closures.

At the same time, however, banks overall reported strong income during the quarter, providing some grounds for optimism.

There have already been 118 bank closures this year through last Friday. The big number of problem banks – rising from 775 in the first quarter – suggests that more than 22 additional banks could fail before year’s end, exceeding last year’s tally.

The number of problem banks is the highest it’s been since March 1993, when 928 banks were under close surveillance for possible failure.

But FDIC Chairman Sheila Bair emphasized the bright side of the mixed message at a news conference. Citing rising earnings and strengthening credit quality, Bair said the outlook for banks was improving.

"This is the best quarterly profit for the banking sector in almost three years," Bair said. "These results provide more evidence that the sector is moving along the road to recovery. … The levels of noncurrent loans and charge-offs are beginning to trend downwards."

Banks and thrifts regulated by the FDIC reported an aggregate profit of $21.6 billion from April to June. That’s a lot better than the $4.4 billion net loss these institutions recorded in the second quarter of last year, but earnings remain below historical norms.

In another sign of modest improvement, only 20 percent of FDIC-regulated institutions reported losses in the second quarter, compared with 29 percent in the same period last year.

Although provisions for potential loan losses remain high at $40.3 billion during the quarter, that’s down more than 40 percent from the same three months of 2009. Simply put, banks are having to sock away less to cover possible losses, so their quarterly earnings are improving.

The number of loans that were 90 days or more past due fell from April to June, the first time that’s happened since the first three months of 2006. FDIC-insured banks and thrifts wrote off $49 billion in loans they couldn’t collect in the second quarter of this year, considerably better than the $214 billion write-off in the same period last year.

The total of number of loans and leases declined 1.4 percent in the quarter, however, as did the total assets in banks, which fell 1 percent to $136.2 billion, the FDIC said.

"Particularly given economic uncertainties, we believe all banks should continue to exercise caution and maintain strong reserves," Bair said.

ON THE WEB:

-FDIC second-quarter report: http://bit.ly/auCDuu

Read more: http://www.miamiherald.com/2010/08/31/1801251/problem-banks-on-rise-but-bank.html#ixzz0yIOhGrhy

US Home Values Rise in Second Quarter

McLean, VA – Freddie Mac (OTC:FMCC) – (LoanSafe.org) – announced today the results of its second quarter Conventional Mortgage Home Price Index (CMHPI).

*The Conventional Mortgage Home Price Index (CMHPI) Purchase-Only Series for the United States registered a 3.1 percent (13.2 percent annualized) increase in the second quarter relative to the first quarter on a not-seasonally-adjusted basis. U.S. home values fell 0.2 percent relative to the second quarter a year ago.

*Home values rose in all nine Census Divisions. This is the first time since the second quarter of 2009 that all Census Divisions have witnessed positive changes in home values.

* The revised change in home values for the first quarter of 2010 is a decrease of 2.3 percent (-8.9 percent annualized) relative to the fourth quarter of 2009 and a decrease of 1.3 percent relative to the first quarter of 2009.
*The CMHPI Classic Series, which includes data on both home purchase values and appraisals, indicated that average U.S. home values fell 0.5 percent (-1.8 percent annualized) during the second quarter. Comparing the second quarter of 2010 with the second quarter of 2009, the Classic Series shows 4.6 percent depreciation.

Quotes

Attributed to Amy Crews Cutts, Freddie Mac deputy chief economist

*”We saw increases in home values in the second quarter that were very strong across all regions – there is no doubt that some of this was due in part to the now-expired homebuyer tax credits which boosted sales activity as well as to the usual seasonal bump we see each Spring.

*”Although the homebuyer tax credit programs have expired, 30-year fixed mortgage rates have decreased by more than half a percentage point since the end of April, setting multiple new record lows according to Freddie Mac’s Primary Mortgage Market Survey®. We will be watching carefully the home sales reports in August and September to see whether the July drop was the start of a new trend down or the result of a temporary pull-forward due to the tax-credit programs.”

Regional Summary

The CMHPI Purchase-Only Series had the following regional house-price changes:

*East North Central Division (IL, IN, MI, OH, WI): rose 4.9 percent (21.2 percent, annualized) in the second quarter of 2010. Over the last 12 months, home values decreased 1.7 percent, and during the last five years, home values decreased 7.4 percent.

*West North Central Division (IA, KS, MN, MO, ND, NE, SD): increased 4.2 percent (17.9 percent, annualized) in the second quarter of 2010. Over the last 12 months, home values were unchanged; over the last five years, home values increased 0.7 percent.

*Mountain Division (AZ, CO, ID, MT, NM, NV, UT, WY): increased 3.7 percent (15.9 percent, annualized) in the second quarter of 2010. In the last 12 months, home values decreased 3.8 percent; during the last five years, home values declined 5.2 percent.

*South Atlantic Division (DC, DE, FL, GA, MD, NC, SC, VA, WV): grew 3.6 percent (15.1 percent, annualized) in the second quarter of 2010. Over the last 12 months, home values decreased 2.6 percent, and during the last five years, home values fell 5.8 percent.

*Pacific Division (AK, CA, HI, OR, WA): climbed up 3.1 percent (13.1 percent, annualized) in the second quarter of 2010. Over the last 12 months, home values increased 4.2 percent, and during the last five years, home values have decreased 14.7 percent.

*East South Central Division (AL, KY, MS, TN): grew 2.8 percent (11.8 percent, annualized) in the second quarter of 2010. Over the last 12 months, home values decreased 1.0 percent, and during the last five years, home values increased 8.8 percent.

*West South Central Division (AR, LA, OK, TX): rose 2.7 percent (11.4 percent, annualized) in the second quarter of 2010. Over the last 12 months, home values increased 1.2, and during the last five years, home values increased 16.6 percent.

*New England Division (CT, MA, ME, NH, RI, VT): increased 1.3 percent (5.3 percent, annualized) in the second quarter of 2010. Over the last 12 months, home values decreased 1.6 percent, and during the last five years, home values declined 9.0 percent.

*Middle Atlantic Division (NJ, NY, PA): increased 0.6 percent (2.6 percent, annualized) in the second quarter of 2010. Over the last 12 months, home values increased 1.0 percent, and during the last five years, home values increased 7.1 percent.

Conventional Mortgage Home Price Index Information

*The CMHPI Purchase-Only Series includes only property values based on home purchases with a conventional mortgage in its calculation. Freddie Mac also produces a CMHPI Classic Series that includes data from both home purchase transactions and mortgage refinancings, with the latter values based on appraisals. Generally, because appraisals are backwards looking through the use of recent comparable property transactions, the Classic Series will typically lag changes in the Purchase-Only series.

*Unlike other home price indexes based on mean or median values of homes sold during a given period, the CMHPI is constructed using regression techniques from observations of actual sales prices or appraised values of the same homes over time. The street addresses of properties that serve as collateral for mortgages are processed using software certified by the United States Postal Service to create a uniform address format and are then matched to identify consecutive transactions on the same property. There are currently more than 44 million records in the repeat-transactions database used to construct the classic Conventional Mortgage Home Price Index – this database includes transactions on one-family detached and townhome properties serving as collateral on loans originated through the second quarter of 2010 and purchased by Freddie Mac or Fannie Mae by July 30, 2010.

Freddie Mac publishes the CMHPI each quarter. Index values and growth rates for the classic series are available for the nation as a whole as well as for the nine Census divisions, the 50 states and the District of Columbia, and 392 metropolitan statistical areas (MSAs) and metropolitan divisions; index values and growth rates for the purchase-only series are available for the nation and nine Census divisions. All of the CMHPI series can be found on Freddie Mac’s web site, www.freddiemac.com/finance/cmhpi/.

Freddie Mac was established by Congress in 1970 to provide liquidity, stability and affordability to the nation’s residential mortgage markets. Freddie Mac supports communities across the nation by providing mortgage capital to lenders. Over the years, Freddie Mac has made home possible for one in six homebuyers and more than five million renters.

Source: Freddie Mac

Bernanke Expected to Sketch New Fed Action on Economy

By SEWELL CHAN

WASHINGTON — With fresh signs that the housing market is weakening, the Federal Reserve chairman, Ben S. Bernanke, on Friday will offer his outlook on the economy, explain the Fed’s recent modest move to halt the slide and possibly outline other actions.

Mr. Bernanke’s speech, at an annual Fed symposium in Jackson Hole, Wyo., will be his first public comments since the Fed announced it would invest proceeds from its holdings of mortgage bonds to buy more long-term Treasury securities to prop up the recovery.

It is not known what Mr. Bernanke will say, but some insight may come from an episode in his past: his concern, soon after he became a Fed governor, that the economy was at risk of deflation as the nation gradually recovered from the dot-com bust a decade ago.

Mr. Bernanke’s worry then is similar to what troubles the Fed now, and his views will have no small bearing on the Fed’s course of action. These days the Fed confronts the combination of persistently high unemployment and an inflation rate so low that it worries economists.

Whether policy makers should take big steps to tackle the economic doldrums — by printing even more money and buying even more assets — will be the dominant question at the symposium and at the Fed’s next meeting on Sept. 21.

Within the central bank, several officials are alarmed at the threat of the economy falling into a dangerous cycle of declining demand, wages and prices not experienced since the Depression. They say that a deflationary, double-dip recession is unlikely, but want to formulate concrete steps to ward it off.

Other officials contend the economic indicators, while dismaying, do not represent an immediate threat, and worry that additional monetary stimulus by the Fed could erode the already shaky confidence of the markets, or even backfire by eventually spurring uncontrolled inflation.

The Fed has not confronted the risk of deflation since 2003. An examination of transcripts from the deliberations of the Fed’s policy-making group, the Federal Open Market Committee, during that spring sheds some light on the challenges Mr. Bernanke faces in maintaining a consensus in the committee as it approaches the problem today.

In a confidential briefing before the committee’s meeting on May 6, 2003, Fed economists estimated that there was a 35 percent chance that the fragile economy, still recovering from the 2001 recession, would face deflation by the end of 2004.

Mr. Bernanke, who had joined the Fed’s board of governors just nine months earlier, warned about the potential danger of deflation, according to the 2003 transcripts, which were made public last year. He said that “for the first time in many decades” the Fed faced greater danger from the risk of its inflation estimates being too high, rather than too low.

He wanted the Fed to draft “a plan for how we might proceed seamlessly from standard rate-cutting to more nonstandard operations should such operations become necessary.”

It would be five more years — and one boom-and-bust cycle later — before the Fed would have to apply that advice.

In the meantime, Mr. Bernanke’s perspective appeared to influence that of Alan Greenspan, then the Fed chairman.

“In my view we cannot avoid the fact, as Governor Bernanke pointed out, that we face an asymmetry,” Mr. Greenspan said at the May 2003 meeting. “We know what to do with inflation when it rises. The committee has taken action to counter it many times and has succeeded in doing so many times. We haven’t confronted the problem of potential deflation in a very long time.”

That view was echoed by several other committee members, even among those who pointed out that disinflation, a slowing of the rate of inflation, was not the same as deflation.

Robert T. Parry, then president of the San Francisco Fed, said, “It’s best to move sooner rather than later when the economy is within range of deflation and the zero bound.” He was referring to the challenge the Fed would face if it had to reduce short-term rates to nearly zero and could no longer cut them any further — a situation the Fed has faced since 2008.

Others were skeptical. George C. Guynn, then president of the Atlanta Fed, said the situation was not comparable to the Depression. “We clearly have experienced significant external shocks,” he said. “But the real economy is recovering, albeit slowly. It is not contracting.”

To prop up the economy after the dot-com boom’s collapse, the Fed lowered its benchmark short-term rate — the federal funds rate, at which banks lend to each other overnight — to 1.25 percent in November 2002, from 6.5 percent in January 2001.

On June 25, 2003, it reduced the rate even further, to 1 percent, the lowest level in decades. In the meeting where that decision was reached, Mr. Bernanke wondered “whether or not it would make sense tactically to say publicly that we are willing to lower the federal funds rate to zero if necessary.” He said it would help expectations because “there would no longer be a feeling in the market that we had reached the end of our rope.”

The threat of deflation did not come to pass, and a year later, the Fed began to raise interest rates and tighten monetary policy, a process that would continue until 2006 as housing prices soared across most of the country. Some critics have said the Greenspan Fed helped abet the housing bubble by leaving rates too low for too long, an interpretation Mr. Bernanke has rejected.

Mark W. Olson, who was a Fed governor from 2001 to 2006, said the Fed’s worry about deflation in 2003 was appropriate in hindsight. The committee had only two historical episodes to look to — the Depression of the 1930s and the Japanese deflation that began in the 1990s — and was determined to avoid either outcome, he said.

“It would have been irresponsible for us not to take it into consideration,” Mr. Olson said. “It wasn’t much ado about nothing.”

Of the Fed committee members who weighed the threat of inflation in 2003, four are still on the committee today: Mr. Bernanke; Donald L. Kohn, a Fed governor; Thomas M. Hoenig of the Kansas City Fed; and Sandra Pianalto of the Cleveland Fed. There is little doubt that the Fed’s last deflation debate has been on their minds as they confront an even more perilous economic outlook today.

This article has been revised to reflect the following correction:

Correction: August 27, 2010

An article on Thursday about the possibility of additional economic actions by the Federal Reserve referred incorrectly in some editions to the Fed’s lowering of the federal funds rate following the dot-com collapse. The rate was lowered to 1.25 percent in November 2002, from 6.5 percent in January 2001 — not January 2003. Because of an editing error, the article also gave an outdated title for Donald L. Kohn in some editions. While he is still a Fed governor, he is no longer the board’s vice chairman — a post he stepped down from in late June.

Refinancing Applications at 15-Month High

Mortgage application refinance activity reached its highest level in 15 months the week ending Aug. 13, according to the Mortgage Bankers Association’s weekly Mortgage Application Survey. The MBA credited interest rates remaining near historic lows for the increased activity.

The Refinance Index rose 17.1 percent from the previous week. Refinancing made up 81.4 percent of applications, up from 78.1 percent the previous week, while adjustable-rate loan activity fell 0.2 percent to 5.7 percent. The four-week moving average for the Refinance Index increased 3.2 percent on a seasonally adjusted basis.

The survey, released Aug. 18, showed that the Market Composite Index, which measures mortgage loan application activity, increased 13 percent on a seasonally adjusted basis from the previous week and 12.4 percent on an unadjusted basis. The four-week moving average for the Market Index increased 2.6 percent on a seasonally adjusted basis.

The MBA’s Purchase Index dropped 3.4 percent from the previous week on a seasonally adjusted basis. On a non-adjusted basis, the index fell 4.6 percent from the previous week, down 38.6 percent from a year ago. The four-week moving average for the Purchase Index inched up 0.1 percent on a seasonally adjusted basis.

The average rate on a 30-year fixed loan increased to 4.6 percent from the prior week’s 4.57 percent, while points, including origination fees, increased from 0.89 to 0.92 for 80 percent loan-to-value ratio loans, the MBA reported. The average rate on a 15-year fixed loan rose from 3.95 percent to 3.99 percent, while points, including origination fees, fell from 1.08 to 1.05. The average rate on a one-year adjustable rate mortgage decreased from 7 percent to 6.9 percent, while points, including origination fees, inched down from 0.22 to 0.21.

HUD Expands Sustainability Effort with $100 Million Investment

The U.S. Department of Housing and Urban Development announced Aug. 19 that 100 affordable housing developments, including 8,112 homes, have been awarded more than $100 million to complete energy efficient renovations.

As part of HUD’s Green Retrofit Program for Multifamily Housing, which was created through the American Recovery and Reinvestment Act, the awards will generate upgrades to thousands of affordable apartments, create jobs and save money for thousands of residents. HUD said the awards will create an average energy savings of $33,000 per property with tenants saving $250 each on utility bills annually.

“I am proud to announce this significant Recovery Act milestone because it is an example of HUD’s ongoing commitment to creating jobs while also building sustainable homes and communities,” HUD Secretary Shaun Donovan said in a news release.

Overall, HUD will award $250 million nationally to reduce energy costs, cut water consumption and improve indoor air quality through the Green Retrofit Program. Funds are awarded to owners of HUD-assisted housing projects and can be used for a wide range of retrofit renovations. HUD will continue to issue awards through Sept. 30. To learn more about HUD’s Green Retrofit Program, visit http://portal.hud.gov/portal/page/portal/HUD/recovery/about.

Fannie, Freddie Future Debated at Treasury Housing Summit

Treasury Secretary Timothy Geithner told industry executives and academics there is a "good case" for the government to continue playing a role in housing finance, The Wall Street Journal reported Aug. 18. However, Geithner and other administration officials have been careful not to say what form that might take and how much support is needed.

The Treasury Department’s recent Housing Summit was aimed at soliciting views from top industry officials on how Fannie Mae and Freddie Mac should be restructured. The debate centers on whether the government should continue to promote 30-year, fixed-rate mortgages, which often require some form of government guarantee.

Critics, including those who support privatizing Fannie and Freddie, disagree with Geithner, the Journal reported. "The government was complicit in easy lending standards and lack of regulation in driving up a huge housing bubble," Anthony Sanders, a professor at George Mason University, said at the conference. "Since the government caused quite a bit of the trouble, to say, ‘See, you need us,’ it’s twisted logic."

Fannie and Freddie failed because of a "toxic combination" of a perceived government guarantee and ineffective oversight, Geithner said, adding that rebuilding the broken housing-finance system will be a test for Washington. "The failures that produced the system we have today were bipartisan. The solution must be as well," Geithner said in the Journal’s coverage.

The Obama Administration said it will produce a plan by January 2011 to change the role the two government-controlled firms play in supporting the housing market.

New Appraisal Regulations Stricter than HVCC

The Dodd-Frank Financial Reform Act includes new appraisal management rules as well as stricter laws and firmer penalties for lenders. The bill’s appraiser

independence standards will give lenders new options on managing appraisers, and lenders are scrambling to evaluate options to decide what will benefit their businesses.

“With an October deadline looming for the issuance of new appraiser independence rules under the Dodd-Frank bill, lenders must quickly choose how to execute the directives in the bill,” said Jennifer Creech, president of InHouse Inc., a California-based provider of appraisal solutions to banks, lenders, and other mortgage originators.

“They will need to evaluate their tolerance for risk, their need for in-house control, and their budgets,” Creech added. “Whatever lenders do, though, they cannot delay.

The new law is stricter than the Home Value Code of Conduct (HVCC), and violations are unlawful and subject to stiff penalties of up to $20,000 per person per day.”

According to Creech, the bill has provided lenders with three ways to manage their appraisal process. They can complete outsourcing with one or multiple appraisal management companies (AMCs), choose self-management of appraiser panels from ordering to delivery of appraisals, or pick a hybrid model. Hybrids consist of a combination of self-management and AMC outsourcing where a lender manages its own appraiser panel in key markets and outsources out-of-market business and appraisal overflows to AMCs.

“The hybrid model can offer an optimal balance for a lender because it requires a smaller internal appraisal management department than when fully self-managing the process,” Creech said. “It shares and spreads the compliance risk for core and out-of-market areas and also satisfies the concerns of loan officers, mortgage brokers, and real estate agents about exclusive AMC use while staying compliant.”

However, the hybrid model is not without its concerns. It still requires lenders to deal with the costs, risks, and compliance associated with staffing an internal appraisal department.

“All lenders will face higher appraisal costs due to the new ‘reasonable and customary’ fees paid to appraisers mandated by the new law no matter which appraisal management option they choose,” Creech said.

©2010 DS News. All Rights Reserved

‘Buy and Bail’ Homeowners Get Past Mortgage Hurdles From Fannie, Freddie

Harvey Collier, a mortgage broker in Fort Lauderdale, Florida, says he gets as many as 10 calls a month from people planning to default on their loans. The twist: They first want financing to buy another home.

Real estate professionals call it “buy and bail,” acquiring a new house before the buyer’s credit rating is ruined by walking away from the old one because it’s “underwater,” or worth less than the mortgage. It’s an attempt to escape payments on a home whose value may never recover while securing a new property, often at a lower price with a more affordable loan.

The practice, which constitutes fraud if borrowers lie on loan applications, is continuing even after Fannie Mae and Freddie Mac, the biggest U.S. mortgage-finance companies, beefed up standards to prevent it, according to brokers such as Collier and Meg Burns, senior associate director for congressional affairs and communications at the Federal Housing Finance Agency. Whether driven by greed or desperation, the persistency of buy and bail underscores the lingering impact of the worst housing crash since the Great Depression.

“People were holding on, hoping the market would turn around,” Collier, who won’t work with applicants who intend to go into foreclosure, said in a telephone interview. “But now they’re giving up because there’s no light at the end of the tunnel in places like Florida.”

The value of U.S. homes fell by a third from 2006 to 2009, as tracked by the S&P/Case-Shiller index. In some areas, the losses were bigger. Prices declined 56 percent in Las Vegas, 55 percent in Phoenix and 49 percent in Miami.

Such declines have left more than a fifth of single-family homeowners with mortgages underwater in the second quarter, according to a report yesterday by Zillow.com, a Seattle-based data company.

Rising Strategic Defaults

About 12 percent of residential-loan defaults in February were strategic, meaning homeowners decided not to make payments even though they could afford to, New York-based Morgan Stanley said in an April 29 report. The rate, which was about 4 percent in mid-2007, probably will increase even if home values start to recover, said Frank Pallotta, managing partner of Loan Value Group, a mortgage-consulting firm in Rumson, New Jersey.

“After home prices bottom, the borrower in a position of negative equity is able to quantify exactly how long it will take to recoup the loss, and may decide to walk away,” Pallotta said.

Jumbo Loans

Most likely to walk away are borrowers with the best credit scores and so-called jumbo loansthat exceed the caps set for mortgages bought by Fannie Mae and Freddie Mac, which range from $417,000 in most locations to $729,750 in high-cost areas, according to the Morgan Stanley report. People who choose to default typically have lost $100,000 or more in property value, said Brent White, a law professor at the University of Arizona in Tucson. No data exist on strategic defaults done in tandem with buy-and-bail purchases.

Buy and bail is most often pursued by people with big enough paychecks and low enough debt to qualify for two homes, according to Mark Goldman, a broker at Cobalt Financial Corp. in San Diego. That threshold is easier to meet since home prices retreated and mortgage rates fell to an all-time low, he said. The average U.S. rate for a 30-year fixed home loan dropped to 4.49 percent, the lowest in records dating to 1971, McLean, Virginia-based Freddie Mac said on Aug. 5.

Home Before Foreclosure

“Most people, if they have the means to do it, would like to make sure they have someplace to live before they let a house go into foreclosure,” Goldman said. “They know they’re going to kill their credit score, so they make sure to get a home they won’t mind staying in.”

Freddie Mac and larger rival Fannie Mae cracked down on buy and bail in 2008 by banning in most cases the use of rental income from an existing home to qualify for a new mortgage unless the first property has at least 30 percent equity.

“There were a number of policies put in place to squelch this type of activity, but people who are savvy can always find a way to circumvent policies,” said Burns of the Federal Housing Finance Agency, which regulates Fannie Mae, Freddie Mac and the 12 federal home loan banks.

In addition to the rental restrictions, the mortgage giants now usually require reserves equal to six months of loan payments for both homes. The measures have been sufficient to block most applicants who attempt to buy and bail, said Pete Bakel, a spokesman for Washington-based Fannie Mae.

Still Going On

“We’re always looking for ways to discourage the practice of buy and bail, but it still seems to be going on,” said Brad German, a Freddie Mac spokesman. “It ultimately leads to higher costs for everyone as investors and others look for ways to price in the risk.”

Buy and bail is fraud if applicants provide false information to obtain a loan, said Steve Beede, a real estate attorney at BPE Law Group Inc. in Fair Oaks, California. The Federal Bureau of Investigation is pursuing more than 3,000 mortgage-fraud cases, almost double the number from a year earlier, FBI Director Robert Mueller said in a June 17 statement.

“Buy and bail is not the most common mortgage-fraud scheme, but it’s something we are aware of and investigate aggressively,” said Stephen Kodak, an FBI spokesman, who declined to give specifics about cases. The bureau works with state police and local housing agencies to conduct investigations, he said.

Plans for Properties

Mortgage lenders often ask about plans for existing properties when vetting borrowers, said Beede, the attorney. Others don’t seem to care, as long as there is enough income to pay both mortgages, he said. The new lender usually has no stake in the first loan, Beede said.

Clients of Ron Wilczek, a real estate broker in Tempe, Arizona, two months ago bought a house near Phoenix even though they couldn’t sell their existing property because its value had sunk so far below its mortgage.

Now settled in their new residence, they may try to sell the first home for less than what they owe, said Wilczek, owner of Metro Phoenix Homes. If the lender won’t agree to a short sale, they may just stop making payments, he said.

“You can make the argument that you must honor your commitments no matter what,” Wilczek said. “On the other hand, you have people who are realizing that if they want any hope of a retirement or a better life for their families, they can’t keep paying for something that will never, at least in their lifetimes, regain its value.”

Ethics of Move

Even if owners have underwater loans, walking away is unethical, said Scott LeForce, president of Realty World Northern California Inc.

“A loss of value doesn’t mean you have permission to run from your obligations,” he said.

In about two-thirds of U.S. states, including Florida, lenders may pursue a borrower afterforeclosure by seeking a deficiency judgment allowing a lien on new property for the amount still owed on a previous mortgage. In states such as California and Arizona, lenders may not have that option if the original home was a primary residence.

“Making it possible to pursue people who do this particular kind of default would go a long way to addressing the buy-and-bail problem,” said Jay Brinkmann, chief economist for the Mortgage Bankers Association in Washington.

To contact the reporter on this story: Kathleen M. Howley in Boston atkmhowley@bloomberg.net.

Banks Face Fight Over Mortgage-Loan Buybacks

While mortgage delinquencies are easing, banks are facing a new round of losses from loans made just before the financial crisis, and the fight to keep them off their balance sheets is intensifying.

Leading the charge to make originators repurchase their loans are Fannie Mae and Freddie Mac, the two government-owned finance agencies that guaranteed the mortgages. The firms are sorting through delinquent loans for signs of any violations of the representations and warranties, known as "reps and warranties." In essence, they are looking for lies made by borrowers or lenders in loan applications.

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Bloomberg News

‘It’s a loan-by-loan fight,’ said BofA Chief Executive Brian Moynihan.

Freddie last week said it would begin taking tougher action against banks that drag their feet on buybacks as it renegotiates its contracts to renew loan-sales agreements from those banks. Freddie said it had received $2.7 billion from lenders on repurchases during the first half of the year, up from $1.7 billion in the year-earlier period. The number of repurchase requests that haven’t yet been satisfied jumped to $5.6 billion at the end of June, up from $3.8 billion six months earlier.

While the company isn’t likely to cut off its partners, it could use those renegotiations to force banks to settle up on repurchases.

Banks are pushing back. "It’s a loan-by-loan fight," Bank of America Corp. Chief Executive Brian Moynihan told investors in March. "This will be a war that will go on for a while." On Aug. 6, Bank of America said it faces $11.1 billion in unresolved repurchase demands, up 46% in just six months.

The bounced loans are mounting fast as investors try to deflect losses back to their sources and put an end to the lingering aftereffects of the financial meltdown. When banks receive repurchase requests, they often try to force other banks that originated the loans to repurchase them.

Given the hundreds of billions in nonperforming mortgages at stake, "these battles could just go on for years," says Christopher Whalen, managing director for Institutional Risk Analytics. "We have at least two more years of misery."

Big banks may be getting close to facing the worst of their repurchase losses, since original buyers are currently scouring the worst years of underwriting, notably 2006 and 2007, says Gerard Cassidy, analyst at RBC Capital Markets.

"As the industry works these loans off," he said, "they’re not being replaced with loans underwritten as badly."

The banks are marshaling lawyers and auditors to challenge loan put-backs and issue repurchase requests of their own.

[REPURCH]

They are also resolving disputes with mortgage insurers, which could help limit repurchase exposure. Mortgage insurers can rescind insurance coverage on loans, which typically prompts Fannie and Freddie to kick back loans. But some banks have begun paying insurers lump sums to avoid dealing with rescissions and triggering repurchase requests. Fannie warned it could face higher losses if insurers aren’t rescinding loans, because that might yield fewer buyback opportunities for Fannie.

Banks also are complaining that Fannie and Freddie are kicking back loans that performed for two to three years if they can provide any pretext, such as undisclosed debt, faulty appraisals or bogus income, employment data or credit ratings.

A representative for Bank of America said the bank has "an established history of working with the [government-sponsored enterprises] on repurchase requests and has generally established a mutual understanding of what represents a valid defect."

A representative for Wells Fargo & Co. said the bank "continues to have an open and productive relationship with the agencies, including Freddie Mac, as we work together to mutually resolve repurchase requests as quickly as possible." A spokesman for Citigroup Inc. said, "We believe we are appropriately positioned for repurchases with our current $727 million of reserves for that purpose." J.P. Morgan Chase & Co. declined to comment beyond the company’s regulatory filing.

Efforts to claw back loan losses took a more aggressive turn last month, when the agency that regulates Fannie and Freddie, the Federal Housing Finance Agency, threw its weight behind a wider effort to collect repayment on defective loans within the so-called private-label securities issued during the bubble without agency backing by Wall Street firms.

The FHFA sent out subpoenas to 64 issuers of mortgage-backed securities and other parties to probe for potential loan repurchases.

The Federal Reserve Bank of New York hinted earlier in August that it, too, could make some repurchase claims after reviewing investments it inherited through its 2008 rescues of Bear Stearns Cos. and American International Group Inc.

So far, repurchase demands have hit hardest at banks that acquired the bubble’s leading subprime-mortgage lenders as they tottered and fell. For example, analyst Chris Gamaitoni of Compass Point Research & Trading LLC predicts the biggest agency-related pretax loss of as much as $21.8 billion at Bank of America, which acquired Countrywide Financial Corp. in 2008. He projects pretax losses of as much $6.9 billion at Wells Fargo, $6.6 billion at J.P. Morgan and $4 billion at Citigroup.

Still, the rising level of repurchase activity hasn’t cooled all analysts’ enthusiasm. Betsy Graseck of Morgan Stanley, in a note published after BOFA’s most recent repurchase announcement, says her estimates for its earnings already include $17 billion of "reps and warranty expenses" through 2014.

While large banks should weather the storm, their efforts to push repurchases down the chain could squeeze smaller, nonbank mortgage lenders, which don’t have deposits or other ready sources of cash.

"It’s become an epidemic," says David Lykken, a partner at Mortgage Banking Solutions, an Austin, Texas, consulting firm. "The choices are to negotiate, stand up and fight or go out of business."

—Randall Smith and Marshall Eckblad contributed to this article.

Write to Nick Timiraos at nick.timiraos@wsj.com and Aparajita Saha-Bubna at Aparajita.Saha-Bubna@dowjones.com

Fed Adopts Rules Meant to Protect Home Buyer

By DAVID STREITFELD

The Federal Reserve on Monday moved to end a controversial lending practice that had helped propel the housing boom to unsustainable heights and then accelerated its collapse.

The Fed announced that it was adopting new rules banning yield spread premiums, which allowed mortgage brokers and lenders to gain additional profit from loans by charging borrowers higher-than-market interest rates.

Reaction to the change was muted. For one thing, the recent package of financial reforms passed by Congress this summer already addressed the issue. And some thought a ban should have been imposed long ago, at a time when it could have directly affected loan quality.

Michael D. Calhoun, president of the Center for Responsible Lending, described the action as “a real milestone,” but he said that he had been trying to convince regulators for at least 15 years that yield spread premiums were no more than illegal kickbacks.

Many borrowers had little idea of what a yield spread premium was, even when it was costing them money.

Traditionally, mortgage brokers were paid directly by the home buyer. The rise of the premium allowed the brokers to be compensated by the lender as well. Lenders in effect started paying bonuses to brokers who brought them high-interest loans that were naturally coveted by mortgage investors.

From there, critics said, it was a short step for some brokers to put unsuspecting buyers into these loans and tell them it was the best deal they could get. Subprime lenders in particular often used yield spread premiums.

“People didn’t just happen to end up in risky loans,” Mr. Calhoun said. “Mortgage brokers and other people on the frontlines were getting two to three times as much money to push buyers into those loans than they were into 30-year fixed-rate loans. So what do you think happened?”

Brokers argued that it was frequently in the interest of the borrower, especially a low-income buyer, to pay a higher rate in exchange for bringing less cash to closing.

Attempts at reform achieved little, and during the housing boom the yield spread premiums became ever more prevalent. In many cases, groups like the Center for Responsible Lending found, borrowers never realized they were paying both higher fees and a higher rate.

While the new rules prohibit payments to a lender or broker based on the loan’s interest rate, they do allow for compensation based on a fixed percentage of the loan amount.

To avoid steering the buyer into a loan that is offering less favorable terms, the rules now say that the borrower must be provided with competing options, including the lowest qualifying interest rate, the lowest points and origination fees, and the lowest qualifying rate without risky features like prepayment penalties.

The National Association of Mortgage Brokers, which had long argued that efforts to reform the premium unfairly singled out its members, pronounced itself satisfied with the new rules.

The Fed rules “put everybody on the same footing,” including brokers and banks, said Roy DeLoach, executive vice president for the brokers’ association.

The rules take effect in April. Similar, and in some ways broader, rules in the financial reform bill will take effect later.