Volume 1 | Issue 13 | August 1, 2002
Top National News
Case List Grows, But Laws on 3d-Party Liability Still Murky (American Banker)
Delays Seen in Superfund Cleanup Projects (New York Times)
Fannie Mae's Raines Takes Apparent Swipe at Competitors (Dow Jones Newswire)
Freddie: Cash-Out Refis Up Sharply in Quarter (American Banker)
Lack of Terrorism Insurance Puts Utilities at Risk (Washington Post)
New Data Paint Darker Picture of the Economy (Wall Street Journal)
Plots & Ploys: Space to Spare (Wall Street Journal)
The Housing Bubble Loses Some Air (Wall Street Journal)

Residential Finance News
Treasury, Fed: Economy Continues Uneven Performance
Residential Briefs

Commercial/Multifamily Finance News
Office DealMaker of the Day
Commercial Briefs


Spotlight: Technology

Despite Availability, Consumers Avoid Online Mortgages
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"Consumers are starting to become more comfortable with the [Internet] but, for the mortgage process, a full mortgage application is a lengthy application and it has not been proven in mass influence to be suitable to the online channel."— Matt Carrick, senior analyst at Gomez Inc., on Internet mortgage banking.
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Case List Grows, But Laws on 3d-Party Liability Still Murky
American Banker  (08/01/02) P. 1; Bergquist, Erick
The settlement between Ohio-based Mercantile Mortgage and the Federal Trade Commission, the Department of Housing and Urban Development, and an Illinois agency is the second high-profile case this summer that shows that government agencies are starting to hold lenders responsible for the actions of independent entities. Mercantile was held responsible for alleged deceptive lending practices of independent mortgage broker, Mark Diamond, who is now facing a separate suit. The lender settled the suit by agreeing to pay $250,000, refinance about 1,600 new 30-year loans, and pay their closing costs. The other case involves Fidelity Federal Bank, which reached a deal with the Justice Department over the alleged actions of independent credit card marketers.

(Click here for original story)
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Delays Seen in Superfund Cleanup Projects
New York Times  (08/01/02) P. A16; Seelye, Katharine Q.
The Superfund program is having financing problems that could result in the cleanup of toxic sites taking up to 10 years rather than 5 years. According to a June report from the office of the inspector general of the EPA, regional offices had received less than half of the $450 million requested by May. However, during a Senate hearing on the Superfund program on Thursday, Marianne Horinko, assistant administrator of the office of solid waste and emergency response at the EPA, described the report as being a "snapshot in time," adding that regional offices have received an additional $40 million since the report. Horinko also said 33 sites have been identified as receiving nothing by May, but eight now have money for new construction, three have money to continue construction, and six will not need money this fiscal year.

(Click here for original story)
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Fannie Mae's Raines Takes Apparent Swipe at Competitors
Dow Jones Newswire  (07/31/02)
Fannie Mae CEO Franklin Raines touted his company's risk management practices Wednesday during a panel discussion hosted by bank regulators, but he also used the occasion to criticize several of the GSE's harshest critics. Although he mentioned no company by name, Raines apparently criticized the operations of a group of competitors--among them American International Group, GE Capital, JP Morgan Chase, and Wells Fargo--that have joined together to wage an aggressive lobbying campaign against both Fannie and its cousin Freddie Mac under the FM Watch moniker. Raines' apparent swipe came in an offhand remark about the GSE's concentrated line of business and a cautionary word about the systemic risk of unregulated financial institutions. He pointed out that while Fannie's risk was reduced because it concentrates exclusively on residential mortgages, its critics run companies with varied operations.

(Click here for original story)
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Freddie: Cash-Out Refis Up Sharply in Quarter
American Banker  (08/01/02) P. 3; Julavits, Robert
Freddie Mac reports that cash-out refinancings rose sharply during the second quarter, reaching their highest levels in nearly two years. According to Freddie officials, 67 percent of the loans refinanced in the April-through-June period resulted in new mortgages at least 5 percent larger than the original loan. That compares to 60 percent in the first quarter and 58 percent in the same quarter a year earlier. The increase is proof that an increasing number of homeowners are tapping the built-up equity in their residences.

(Click here for original story)
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Lack of Terrorism Insurance Puts Utilities at Risk
Washington Post  (08/01/02) P. E1; Spinner, Jackie
Potomac Electric Power Co. found only minimal coverage for its properties when it renewed its insurance in March, and most of the coverage it found was unaffordable and limited. The terrorism insurance marketplace has hindered many utilities' and commercial property owners' abilities to garner coverage for all or some of their properties, and has forced some companies to forego coverage altogether. Many insurers are hard pressed to offer enough insurance because the reinsurance industry restricted their coverage; Aegis, for example, was only allowed to offer $50 million in terrorism insurance to each utility company, and coverage is capped at $100 million for the entire industry. However, the utility industry is not the only one suffering; according to the Mortgage Bankers Association, a lack of terrorism coverage has prevented $3.7 billion in real estate deals from commencing, while another $4.5 billion were delayed or changed.

(Click here for original story)
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New Data Paint Darker Picture of the Economy
Wall Street Journal  (08/01/02) P. A1; Ip, Greg
According to new statistics from the Commerce Department, economic growth plunged from its 5 percent rate in the first quarter to only 1.1 percent in the second, indicating that recovery is weaker and the 2001 recession was deeper than analysts originally thought. While a double-dip recession is not perceived as likely, weaknesses are reported in commercial real estate, government spending, and other key sectors. Even so, the Federal Reserve says the economy is still moving forward, and recent stock market plunges are not expected to hinder recovery. Moreover, the Fed is not expected to cut interest rates further if the financial markets continue to hold up, but Federal Reserve Bank of Atlanta President Jack Guynn says the present low interest rates are not "consistent with low inflation" in the long-term.

(Click here for original story)
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Plots & Ploys: Space to Spare
Wall Street Journal  (07/31/02) P. B6; Grant, Peter
According to the New York-based research firm Reis Inc., 144 million square feet of new sublet space entered the office market in the second quarter--up 6.7 percent from the first quarter but far short of the gain of 11.6 percent seen in the quarter before that. Analysts say the flood of available space was caused by tenants scooping up more square footage than they actually needed, forcing them to compete with landlords for new tenants. Though the growth rate for sublet space is slowing, Reis CEO Lloyd Lynford is concerned because such space accounts for 29 percent of the 498 million sq. ft. of vacant offices--compared to the more typical barometer of less than 10 percent--presently on the market. Lynford says that probable discounting of the sublet space could worsen an already-soft office market.

(Click here for original story)
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The Housing Bubble Loses Some Air
Wall Street Journal  (08/01/02) P. D1; Rich, Motoko
While its not surprising that some homeowners in high-tech locales like Austin and San Francisco are now forced to sell their homes for less than they paid, the trend is expanding to other areas like Baton Rouge, La., Charleston, S.C., and Detroit, among others. In fact, there are enough homes for sale in Atlanta priced at $750,000 or more for a 20-month supply--in contrast to the 4-month supply during a booming market--and homes for sale in Denver have doubled to 17,000 since last year. The nationwide market, however, is still hot, with median prices rising 7.4 percent; new home sales continuing to set records; and June housing starts up 2.4 percent from last year. Though economists are not predicting the massive price declines that hit California, Texas, and New England in the late 1980s, a slowdown could hinder the overall economic recovery, especially since residential real estate has held it afloat as stocks plunged.

(Click here for original story)
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Treasury, Fed: Economy Continues Uneven Performance

MBA (8/1/02) Sorohan, Mike
Economic indicators are all over the walls this week. Figures released on a number of fronts suggest that the recession, which some analysts reduced to a mere blip earlier, might have lingered longer than previously thought.

The Commerce Department issued its second quarter Gross Domestic Product estimate yesterday, showing growth of 1.1 percent-failing to meet the 2 percent growth that analysts said would indicate that the economy had recovered. But Treasury officials said that the U.S. economy remained "on track" to reach a growth rate of 3 percent to 3.5 percent by year-end.

At the same time, the Federal Reserve Board, in its periodic "Beige Book," reported that even as the economy had "expanded modestly" in recent weeks, the results proved "uneven" at best. While the Fed described residential real estate as "strong," it also noted that some of its member banks reported softness in rental markets. And it described commercial real estate as "almost universally" weak, though stable in some areas.

Amid all this, the Conference Board reported that consumer confidence had fallen an additional nine points, to its lowest level since February.

The Commerce Department's second quarter GDP estimates, showing growth of 1.1 percent, marked the third consecutive quarter of growth, even if the figures failed to meet more optimistic projections. But Commerce cited a number of factors that it said point to sharper growth by year's end. In addition to what Treasury Secretary Paul O'Neill described as "booming" new home sales and construction and "surging" mortgage refinancing as drivers toward economic recovery, the report cited consumer spending on automobiles and other retail items, increases in industrial output and capital investment

"The data show that the economy is on a solid growth path and the recovery is proceeding as expected," O'Neill said.

President George W. Bush also took a positive position, telling reporters that "when the American people take a look at the facts, they're going to realize that we have a bright future ahead of us."

The Fed's Beige Book appeared more cautious, noting that despite uneven performance among the Fed's 12 districts, growth appeared to be moderate overall.

The Fed noted that the overwhelming majority of districts described the housing market as "robust", with "sturdy gains in sales activity and varying degrees of price appreciation." Only in the Dallas District, which reported "unchanged" residential markets, and weakness in the upper-end markets in Richmond, Chicago, St. Louis, Kansas City and San Francisco districts cast a negative skew in the residential markets.

And the report noted that declining stock prices could have served as a boon to real estate. "A number of Districts indicated that declining stock prices had actually boosted the perceived attractiveness of real estate as an investment," the report said.

The report also noted that residential construction activity appeared "mixed, but generally strong, citing shortages of developable land in the Boston and Chicago districts that appeared to be driving up prices and inhibiting construction activity.

The commercial report was gloomier. The report said that commercial real estate markets remained weak in most areas, with "increasingly slack" conditions in New York, Richmond, Atlanta, Chicago, Minneapolis, Kansas City, Dallas and San Francisco. But the Fed also observed that the Cleveland district experienced an "up-tick" in conditions, although that appeared to come from previously low levels. "Commercial construction activity continued to be sluggish in most areas," the Fed said.

The Fed also reported little change in overall lending activity, with continued strong demand for home mortgages and continued weak demand for business loans.

Meanwhile, the Conference Board said that while its Consumer Confidence Index's low level was not "alarming" by historical standards, continued deterioration could "very well jeopardize economic recovery."

"The erosion in consumer confidence represents a significant deterioration in consumer attitudes," said Conference Board spokeswoman Lynn Franco. "The continued decline in the value of stock market portfolios, coupled with ongoing reports of corporate scandals, have taken a toll on consumer confidence."
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Residential Briefs
MBA (8/01/02) Murray, Michael
Cardinal Financial Co., a mortgage bank in Trevose, Pa., has selected GHR Systems Inc., Wayne, Pa. Cardinal Financial said it would use the wholesale origination technology to broaden its product offerings to mortgage brokers from a regional-to-national delivery.

Cardinal Financial plans to integrate the Wholesale Origination Website from GHR with its own process so that brokers can complete an entire 1003 online without errors. In addition, brokers will be able to view specific risk-adjusted pricing, see transaction specific closing costs and lender stipulations and receive instant loan approvals at anytime.

The site supports uploads of loan application files from any loan origination system (LOS) supporting the Fannie Mae DU 2.0 or 3.0 file export format and is specifically designed to support Calyx, Genesis, Contour and Byte LOS software.

Because the system is 100 percent browser-based, brokers could go through the Internet Explorer and the Cardinal Web site to access the system.

"We wanted to partner with a technology company that could maximize [speed, accuracy and execution] in our origination process," said Bob Angelucci, president and chief executive officer of Cardinal Financial Co. "We are confident that GHR's wholesale origination technology can do just that."

Stewart Mortgage Information and Stewart National Title Services will adopt the GATORS Enterprise technology from General American Corp. (GAC), Pittsburgh, Pa., for title tracking, production and vendor management.

The GATORS Enterprise system will also work with Stewart Relocation Services customers and in residential and commercial processing centers. Plans for the system include managing multi-state transactions with national commercial clients.

"The technology is ideal for large title insurance operations that need to distribute and track orders and manage national networks," said Chris Behning, chief technology officer at GAC.

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Office DealMaker of the Day

MBA (08/01/02) Murray, Michael
Dwinn-Shaffer & Co., Chicago, has arranged a $1.1 million fixed-rate, non-recourse first mortgage loan for a one-story, single-tenant office building on North Elston Avenue in Chicago.

The building is owner-occupied and is the corporate headquarters for Rezmar Corp., one of the ten largest homebuilders in the Chicago area. Rezmar received the loan through local financial institution Mutual Bank.

"We have done close to $100 million with [Rezmar] in financing," said Bud Wineburgh, president of Dwinn-Shaffer & Company, who arranged the deal.

The loan had no surprises with a 5-year term and a 25-year amortization at an interest rate of 7.5 percent, according to Wineburgh. It included an initiation fee of 1 percent to Mutual Bank along with corporate guarantees.

"Office is doing pretty good," Wineburgh said with regard to office property in the Chicago area. "The market is holding up okay. Chicago is a strong market. [Office] is second to apartments."

Meanwhile, terrorism insurance has not been a factor in deals for Dwinn-Shaffer & Co., according to Wineburgh.

Improvements on the recently renovated 7,184 square-foot Rezmar corporate office building include 13-foot ceiling heights throughout the office space. The headquarters also has on-site parking for 10 automobiles.
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Commercial Briefs
MBA (8/01/02) Murray, Michael
Fitch Ratings, New York, has assigned Bank of America with a special servicer rating of "CSS2- Large Loans." As of June 30, 2002, Bank of America was named special servicer on four single asset commercial mortgage backed securities (CMBS) transactions totaling $1.04 billion.

The rating of "CSS2-Large Loans" is based on a seasoned management team, experience of real estate staff and the financial strength of Bank of America, according to Fitch officials.

Members of Bank of America's asset management group have completed several successful sales of distressed loan portfolios with negotiated debt restructures to maximize its collections on defaulted loans, and the group has worked with counsel to successfully collect defaulted loans through foreclosure, bankruptcy resolution, and suits against liable parties, according to Fitch.

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Despite Availability, Consumers Avoid Online Mortgages

MBA (8/01/02) Murray, Michael
Statistics show that Internet banking has increased from 7.5 percent to 15 percent to available consumers. And last year, about 43 million United States citizens filed their taxes electronically. But, with more than half of all U.S. households accessing the Internet, and 80 percent of those households earning more than $75,000, the question remains why such a small percentage of consumers are still reluctant to adopt the Internet for obtaining mortgages.

According to a survey conducted by Gomez Inc., Waltham, Mass., 17 percent of the adult online population have used the Internet for mortgage-related information and, out of that percentage, 56 percent have only used the online channel to search for rates and information without beginning an application.

Aaron McPherson, research manager of online financial services with IDC in Framingham, Mass., pointed out that the ongoing security and privacy concerns for consumers still inhibit use of the Internet and there is reluctance by many lenders to make the necessary investment in the Web without clear consumer demand.

Most analysts say that borrowers need "hand-holding" as well as trust in the lender, and it has not been found on the Internet. "[Consumers] need a richer interaction than you can get over the Internet," McPherson said.

Although privacy and security concerns have always been a factor to deter homebuyers from going online, 40 percent of all stock trades are conducted online versus the traditional methods and consumers continue filing taxes online, according to Document Sciences Corp. (DSC) in Carlsbad, Calif.

But Matt Carrick, senior analyst at Gomez Inc., said that it has been proven that trading stocks online does lower costs for consumers and filing taxes electronically is faster and more convenient for the taxpayer to receive a refund, but online mortgages have not yet proven to be convenient or cost-effective for consumers.

"Consumers are starting to become more comfortable with the [Internet] but, for the mortgage process, a full mortgage application is a lengthy application and it has not been proven in mass influence to be suitable to the online channel," Carrick said, adding that his research showed that half of all consumers working with online mortgage applications abandon them before completion.

Richard Beidl, a financial services industry analyst and consultant in Norwood, Mass., said that consumers are faced with more complexity than a credit card transaction, greater requirements for information and less product guidance by applying online.

Beidl said the value proposition for consumers seeking mortgages online has also been blurred with lenders spending money on other expenses to bring consumers to their Websites. "The cost of actually marketing and driving people to that Internet site has not really [led to] a big savings," he said.

In the near term, the Internet is going to have the best "bang for its buck" on the wholesale side and although online originations did spike during the refinance boom, a dip will likely occur when the mortgage industry returns to mostly purchases, according to Carrick.

"The refinance process is much more suited to the online channel," Carrick said. "There is less at risk from the customer's point of view."
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