Loss Mitigation

California Attorney General Kamala Harris announced Tuesday that seven bills in the California Homeowner Bill of Rights passed out of legislative committees. Harris, who first introduced the bills in February, is pushing for permanent reform in her state since the $25 billion national mortgage settlement expands the course of three years. AB 2314 and SB 1472, which aim to fight neighborhood blight and increase fines against owners of blighted properties from $1,000 per day to $5,000, passed the assembly and senate judiciary committees.

Beginning June 15, real estate agents working with distressed homeowners whose loans are backed by Fannie Mae and Freddie Mac should expect to receive a decision on a short sale offer within 30-60 days. The GSEs issued new guidelines Tuesday that aim to bring greater transparency to the short sale process and expedite decisions related to these pre-foreclosure sales. Fannie and Freddie plan to use the new short sale timelines to evaluate servicer compliance with their Servicing Alignment Initiative.

With their 2012 first quarter earnings, JPMorgan and Wells Fargo revealed the reclassification of $1.6 billion and $1.7 billion, respectively, in second lien mortgages as nonperforming loans even though they are not yet delinquent. Fitch Ratings said it believes many U.S. banks are likely to follow suit, and that it does ""not view this as a material shift in the performance of these loans."" Both banks cited regulatory guidance as reasons for the reclassification. The reclassified loans are second liens associated with delinquent first liens. In cases involving delinquent loans, second liens are written off before a first lien takes any losses.

Based on a metric devised by Moody’s Analytics, GMAC, SLS, and American Home performed better compared to other subprime servicers in terms of cash collected relative to losses on delinquent loans. This was mainly due to shorter liquidation timelines that resulted in lower loss severities on liquidated or foreclosed properties, according to an article in Moody's ResiLandscape. GMAC's high metric is due primarily to shorter liquidation timelines and because the servicer maximizes cash flow on modified loans by keeping the re-default rates in line with the industry average even though it offers relatively low levels of relief in terms of principal and interest.

The head of one of the world's most powerful financial policy bodies has tossed her hat into the debate over mortgage principal reductions. Christine Lagarde, managing director of the International Monetary Fund (IMF), says ""the housing problem in the U.S. is something that needs to be addressed"" and it is ""a matter of urgency."" Lagarde tipped her hat in favor of the administration's proposal of principal reductions, but said the problem is that ""the big boys and girls - Fannie and Freddie - have to be part of that equation.""

The Consumer Financial Protection Bureau (CFPB) issued a bulletin Friday reminding financial institutions that they may be held accountable for violations under contracted service providers. The agency said that banks and nonbank entities need to supervise their third-party vendors with due diligence, consistently request and review their internal controls and training materials, and establish clear expectations about compliance. The CFPB is reaffirming its role as both a formal supervisor and informal trendsetter in the industry.

Builder confidence fell three points in April to 25, matching the lowest point of the year, the National Association of Home Builders reported Monday. The month-over-month decline was the first since last September. All three components of the index - current sales, sales six months out, and buyer traffic - fell in April, with buyer traffic slipping to a four-month low. The builder assessment of present home sales conditions dropped three points to 26. The outlook for home sales in the next six months also fell three points to 32, retreating from a near five-year high. Buyer traffic slid to 18 from 22 in March.

In response to mortgage servicing rules the Consumer Financial Protection announced it may propose, Fitch Ratings issued a statement and said it believes mortgage servicers will incur increased operational, compliance, and reporting expenses if the rules take effect. To create more transparency, the CFPB said it is considering rules which require clear monthly mortgage statements, a warning before interest rates adjust, options to avoid ""force-placed"" insurance, and early information to keep customers out of foreclosure.

Eleven state attorneys general sent a letter to Edward DeMarco, Acting Director of the FHFA, urging him to allow Fannie Mae and Freddie Mac to move forward with principal reductions. Headlined by Massachusetts Attorney General Martha Coakley, the letter doubled down on the FHFA to ""preserve assets and prevent unnecessary foreclosures by implementing loan modifications that include principal write-downs."" State attorneys general said that new reductions ""should consider all of a borrower's debts, not just the monthly mortgage debt, be uniform, transparent, and publicly disclosed.""

Amid improvements in the mortgage sector, Wells Fargo & Company reported a net income of $4.2 billion, with earnings per share at $0.75 for the 2012 first quarter on Friday. Last year during the same quarter, the bank reported a net income of $3.8 billion, or $0.67 per share. The San Francisco-based bank also reported mortgage banking noninterest income at $2.9 billion, up $506 million from fourth quarter 2011. Mortgage originations increased as well, with the bank reporting $129 billion in originations, up from $120 billion reported in the fourth quarter.