Wednesday, December 26, 2007

CA CC blooper

Contra Costa


It has been the year of the subprime mortgage meltdown, tainted spinach, toy recalls and the housing slowdown. In fact, 2007 was singularly lacking in stellar business moments.

Here are some examples of bloopers, slip-ups, miscalculations and full-on pratfalls taken by unfortunate companies, executives and financial experts in 2007.

First, although this "oopsie" pales in comparison with, say, spilling 58,000 gallons of bunker fuel into the San Francisco Bay (we'll get to that one in a minute), we're leading with this prediction for reasons that will become obvious.

Christopher Cagan, who at the time was director of research for Santa Ana-based First American CoreLogic, said the 7.7 million adjustable-rate mortgage loans made since 2004 would not have a significant effect on the economy when the loans adjusted and payments went up.

"It's unpleasant, but it will not break the economy or the real estate market," Cagan said. He made the prediction in 2006, but the true extent of this blooper -- as thousands of individuals lost their homes and lending institutions suffered huge losses -- became apparent this year.

Saturday, December 22, 2007

CA VCS

Ventura County


Donna Bushno doesn't have to sell her Ventura home, but after 35 years she wants to downsize.

"It's time to move on," she said.

She and her husband put their three-bedroom, two-bathroom house on the market in July for about $569,000. After 30 days, they cut the asking price to $549,500.

After five months and no bids, they dropped their Realtor and are now trying to sell the house themselves.

As housing prices and sales continue to decline, chipping away at potential profit, people such as the Bushnos have turned to flat-fee brokerages or to appealing directly to buyers.

But it's a challenging housing market no matter the approach.

Sales of existing single-family detached homes in Ventura County slid further in November amid tighter lending standards dictated by the lingering credit crunch, the California Association of Realtors reported Friday.

Ventura County's sales plunged 55.3 percent last month compared with November 2006, and dropped 5 percent from October, according to CAR.

The median sale price was $623,510, down 6.1 percent from $663,760 a year ago and 4.2 percent from $650,570 in October. The median is the midpoint, at which half the homes sold for more and half for less.

Statewide, home sales decreased 36.2 percent. There were 287,600 units sold last month, compared with 450,930 in November 2006.

California's median price fell to $488,640 last month, down 11.9 percent from $554,500 in November 2006.

"The large decreases in the statewide median price of the past few months have resulted from difficulties in obtaining jumbo loans, particularly in the upper and middle tiers of the market," Leslie Appleton-Young, CAR's vice president and chief economist, said in a statement. "Whether this trend will continue after the liquidity crunch has eased remains to be seen."

While sellers watch their equity shrink, they're looking for any way to improve their net, said Allen Bertke, an independent broker with Bertke Consulting Services in Ojai.

"People are really rebelling against the 6 percent commission," he said.

This means more business for Bertke. The slow market still hurts, he said, noting that his business has dropped about 30 percent. He's averaged about three sales a month this year.

"All of us in the business are taking it on the chin a little bit, because sales are about half of what they were a year ago," Bertke said.

Bertke said his marketing approach is similar to big-name brokerages, but his overhead is significantly lower, allowing him to charge a flat commission of about $3,000.

Bertke's low prices have attracted a growing number of sellers, but he's had to walk away from many potential clients who are unrealistic.

"If I list it, all that's going to happen is I'm going to end up being the bad guy," he said. "We are fighting the major problem in the market today, which is sellers' denial of what the real market is."

He estimated that 90 percent of homes on the market are overpriced, some by as much as 20 percent.

"It's taking sellers awhile to understand the new reality," he said.

Monday, December 17, 2007

CA WSJ can't pay

Wall Street Journal

Saturday, December 15, 2007

CA HS!

Modesto Bee


Another foreclosure record was set in November as 1,336 properties were offered to the highest bidder on the courthouse steps in Modesto, Merced and Stockton.

Now here's the real surprise: Only 17 of them sold, despite lenders offering deeply discounted prices.

Every weekday, starting about noon, auctioneers seek buyers for foreclosed properties of all shapes and sizes. But more times than not, no one bids.

That's because foreclosed homes typically have unpaid mortgage debt far in excess of their current value. When no bidder is willing to pay off that debt, lenders usually get stuck owning the homes.

That happened 411 times in Stanislaus County last month, sticking lenders with more than $139 million in unpaid mortgages, according to ForeclosureRadar, which tracks mortgage defaults.

Of the 419 Stanislaus County homes that went to foreclosure auctions in November, only eight attracted bidders.

Those who do bid are getting increasingly sweet deals, however, as lenders have begun slashing the prices they're willing to accept for foreclosed homes. To lure potential buyers, lenders have begun accepting starting bids far below the outstanding debt on foreclosed properties.

"Investors at auctions typically will buy at a 30 percent discount to market," explained Sean O'Toole, who owns ForeclosureRadar. "So lenders are trying to give as much of a discount as possible to entice investors to buy."

On Friday, O'Toole said, a foreclosed five-bedroom Modesto home on Hemstead Avenue went up for auction with a starting bid of $301,500, even though the lender was owed $537,000 from a delinquent mortgage.

But that $235,500 discount apparently wasn't enough. O'Toole said no one bid, so the lender now owns the house.

Lenders get more desperate

O'Toole said the size of these discounts continues to grow as lenders get more and more desperate to unload properties.

Early in 2007, O'Toole said, discounts were offered on about one-third of the homes in foreclosure auctions statewide, and those discounts averaged about $9,000. By November, he said, two-thirds of the state's homes in foreclosure auctions were discounted, with discounts averaging $48,000.

Many of the foreclosed houses in Stanislaus, San Joaquin and Merced counties, however, are being discounted by $100,000 or more, O'Toole said.

Dave Rhodes of Oakdale recently took advantage of one such deal. Two weeks ago, he bid $1 over the starting price for a 1,356-square-foot home on Poppy Patch Drive in Modesto. He was the only bidder and bought the house for $163,181, even though the lender had been owed about $264,000.

"I'm not a big spender. I'm a bottom feeder," said Rhodes, who has been a regular at Modesto's foreclosure auctions for more than a year. He researches many of the homes being foreclosed, but rarely bids at auctions. His last purchase was in January, when he bought a fixer-upper in Empire.

Hundreds receive no bids

Discounted starting bids "have become more and more prevalent the last three months" in Modesto, Rhodes said. That's why he comes prepared to bid on great deals.

Before potential buyers are allowed to bid, they must show the auctioneer a cashier's check for the full amount they're willing to bid. Rhodes said he had a cashier's check for $185,000 with him the day he bought the Poppy Patch home, so he could have gone higher had someone bid against him and he wanted to keep bidding.

Competitive bidding is rare, however, even with discounted starting prices.

Example: An Oakdale home on Ranger Street sold new in 2006 for $610,000. It went into default with an outstanding loan balance of $530,892. Last month at the foreclosure auction, the starting price was $395,000. No one bid.

Also last month, a Manteca home on South Sonora Avenue that had an outstanding loan balance of $487,956 was offered for a starting bid of $331,500. No one bid.

And in Merced, a home on West 22nd Street with an outstanding mortgage of $279,785 was offered at $153,000. No one bid.

"There are literally hundreds of examples in these counties," O'Toole said about discounted properties going unpurchased. "They ... represent good opportunities for folks to buy properties directly from the bank at a deep discount."

Lenders don't want the houses

In San Joaquin County last month, for instance, 664 foreclosed homes went to auction, but only eight were sold to bidders. Lenders took back 656 houses with unpaid debts of more than $245 million.

In Merced County last month, 253 homes went to auction, with only one receiving bids and being sold. Lenders took back the rest with unpaid debts of nearly $88.4 million.

Statewide, 12,282 properties went to foreclosure auctions, but only 321 were sold to bidders. Lenders took back the rest, which had unpaid debts of nearly $4.8 billion.

Those lender-owned foreclosed houses then typically are listed for sale with real estate agents or are privately auctioned off. Either way, lenders end up paying assorted commissions and fees to sell the property. While waiting for deals to close, the lenders must maintain the homes and pay taxes, insurance and assorted other ownership costs.

"They don't want to hang onto those homes, mow those laws and pay those Realtor fees," said Rhodes, explaining why lenders are willing to give foreclosure auction bidders such good deals.

Bee staff writer J.N. Sbranti can be reached at jnsbranti@modbee.com or 578-2196.

CA FBs

Mercury News

The wave of foreclosures sweeping Santa Clara County has hit its Latino residents the hardest, stripping many first-time buyers of their homes and sending financial shock waves through the South Bay's largest minority community.

Nearly 60 percent of the 1,429 properties in the county taken back by lenders from Jan. 1 to Nov. 15 were owned by people with Hispanic surnames, according to a Mercury News analysis of data provided by ForeclosureRadar. In San Jose, that figure was 69 percent.

Latinos comprise 26 percent of the county's population and 32 percent of the city's, according to census data.

The damage comes as foreclosures in the county through Nov. 15 have skyrocketed to five times the number for all of 2006, according to DataQuick, another real estate research firm.

The epicenter of the foreclosure crisis is San Jose's East Side, a hub of Latino culture in the Bay Area. As homes are lost, real estate sales are stagnating and affordable rentals are becoming harder to find. Families are pooling resources in desperate attempts to make loan payments and hang on to their houses.

"It was great giving people their American dream," said Dolores Marquez, a retired community worker and long-time East Side resident. "But God, how they hooked them in and snatched it away."

Nora Campos, the San Jose city councilwoman who represents the area, said she's worried about the economic impact on the community and called for the
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city to work with state and federal legislators to stop the foreclosures and "bring some much needed relief to our working families."

Loosened lending requirements and high-pressure sales tactics during the past three years led to a home-buying surge in San Jose, according to real estate professionals. But many of those loans were destined to fail even as a chain of intermediaries profited from them.

Buyers were "not fully informed," said Rebecca Gallardo-Serrano, a San Jose real estate agent, 2008 chair of the National Association of Hispanic Real Estate Professionals and a member of the Santa Clara County Planning Commission.

She said that during the boom, some agents hired people to go door-to-door, targeting Hispanics, some of whom may not have fully understood the complex financial transaction involved in buying a home.

Adjustable rates

"They are getting into a home and fulfilling the American dream, but they don't recognize that the loan may be fixed for three months, or a year, and then may continue to adjust," Gallardo-Serrano said.

Now, many of these owners can't afford their costly adjustable mortgages. Nor can they refinance because home values have dropped, leaving them without any equity in the house. Meanwhile, lenders have tightened standards that once allowed lower-income families to buy $600,000 homes with no money down.

And for every foreclosure, there are many more families struggling, according to community observers.

"It's a family situation," said Dennis King of the Hispanic Chamber of Commerce Silicon Valley. "So many in the family try to bail out the homeowner by pledging more and more of their resources to cover it, and that multiplies the damage."

With few homes selling, some predict prices of lower-end houses will fall even more, exacerbating the problem.

"There are tons of houses on my block that haven't sold," said Veronica Frausto, a county social worker and single mother who bought her house for $612,000 in 2005. "They have signs up, and it's affecting the value of my home as well. It's 'price reduced,' 'price reduced.' "

That has trapped people like Frausto, who is unable to refinance her no-down-payment loan because of the drop in home prices. She is renting rooms and working with her lender to try to avoid foreclosure.

"I love my house," she said. "I'm going to do whatever I can to hold onto it."

Wilfred Perez, a real estate agent and loan officer for Alvarez & Alvarez, said about 50 people came to him for help last month, and he expects three times that many this month. "They don't know where to go," Perez said. "They are afraid to call the lender, or they say no one answers, or nobody there speaks Spanish and they just put you on hold."

Perez himself lost the house he bought for $650,000 in 2005 - "at the top of the market." The value of the property dropped $100,000 when it was foreclosed on and put up for auction, he said. "How do you think the neighbors feel?"

"People don't want to lose their homes," added Robert Aldana, a real estate agent who has a Spanish-language radio show on real estate. "They are saying, 'Help us,' but lenders are not helping."

While Latinos have been hit the hardest, there are many non-Hispanics struggling with loan payments too.

'Take the house'

Girlie Bass, a registered nurse whose husband drives for the Valley Transportation Authority, is trying to get her lender to take back the "fixer-upper" on Aetna Way in San Jose she bought for a borrowed $615,000 in 2004. "I just want them to release me from the mortgage. Take the house. I don't care if I get a dime out of it," said Bass, who is 61. She said her loan payment is now $6,497 a month, far outstripping her and her husband's ability to pay.

Neighborhood Housing Services Silicon Valley says it is getting an average of seven requests for help a day from homeowners worried about making their mortgage payments or losing their homes. These are largely Spanish-only speakers with an average loan balance of $475,000 to $575,000 typically earning an average of $3,300 or less a month per household, according to Marlene Santiago, the agency's bilingual foreclosure counselor.

Unsuitable loans

"Most of what I've seen is the client cannot afford the home due to the fact they probably should never have been put into that loan to begin with," Santiago said.

On the East Side, community leaders and realty agents are concerned and upset.

"I'm saddened by the fact that these people losing their houses were sold them by Latino real estate agents," said the Rev. Jose Antonio Rubio, director of ecumenical affairs for the Diocese of San Jose. "I presume they had good intentions."

On the other hand, he said, many buyers knew what the terms of their loans were. "You wonder what they were thinking when they agreed to them," he said.

"It's tragedy on multiple levels," said Santa Clara County Supervisor Blanca Alvarado. "Maybe it's through some fault of their own, but the system is so complicated, the desire for homeownership is such a powerful impulse, and there are predators on every corner waiting to take advantage of them."

The Rev. Joseph Leon of Pueblo de Dios Lutheran church in West San Jose said parishioners have sought help from him. "Some have come for prayer, and we just pray for them, and just walk with them through this thing. It is a good opportunity for the church to reach out to these folks."

Wednesday, December 12, 2007

CA NYT

New York Times


December 12, 2007
Economic Scene
The Capital of Slumping Home Sales
By DAVID LEONHARDT

Just south of Los Angeles, there is a small city called Paramount where houses have all but stopped selling.

It’s a city of bungalows and manicured lawns, far enough from downtown to have long been affordable to working-class families. But as home prices rose ever higher in other parts of Southern California, Paramount became all the more attractive — and prices eventually soared there as well. By last year, the typical house sold for almost $500,000, up from $200,000 in early 2003.

Many of those sales depended on adjustable-rate mortgages with tantalizingly low initial payments, and now that those mortgages are much harder to get, there aren’t many buyers willing and able to pay $500,000. Yet sellers in Paramount haven’t adjusted to the new reality by cutting their prices very much. Instead, the real estate market has frozen.

On Sunday, Luis Perez and his wife, Hilda, held their fourth open house since putting their apricot-colored stucco home on the market in August. They have reduced the price once, by about 5 percent. They still haven’t received a single offer.

Since the summer, only about three homes a week — including houses and condominiums — have sold in Paramount. In the third quarter of this year, only 30 homes changed hands, down from 134 in the third quarter of last year.

That 78 percent drop is bigger than the decline in any other ZIP code in the country, according to an analysis that a research firm called DataQuick Information Systems did for me. The biggest declines can generally be found in moderate-income towns on the outskirts of major metropolitan areas, where adjustable-rate mortgages had become the norm. (In more affluent areas across the Northeast and California, the declines haven’t been so big.)

In parts of Florida, Arizona and Nevada, home sales have fallen more than 60 percent over the last year. In several ZIP codes in California’s Inland Empire, east of Los Angeles, the decline is greater than 70 percent.

But no other place can match Paramount, the capital of the great home sales bust of 2007.

This year has been filled with predictions that the bottom of the real estate cycle was oh so close. In January, Donald L. Kohn, the vice chairman of the Fed, said that housing starts “may be not very far from their trough.” They have since fallen an additional 21 percent and are well below where they were for most of the 1970s. In recent weeks, some Wall Street analysts hopefully guessed that the mortgage-related credit crunch was entering its final phase. Instead, the giant bank UBS, in need of cash, sold nearly 10 percent of itself to the Singapore government this week.

But the standoff between buyers and sellers in Paramount helps explain why we’re still a long way from the bottom of the cycle. No matter how big a mortgage rescue plan the federal government puts together, no matter how much further the Federal Reserve cuts interest rates, the worst housing slump on record is going to continue into 2008 and probably beyond. The slump can’t end until home prices come back in line with economic reality.

For decades, real estate values rose at roughly the same pace as incomes. Whenever prices got a little ahead of incomes, as they did in the late 1980s, they would quickly settle back down again. The recent boom was different: in just six years — from 2000 to 2006, even as incomes were growing slowly — the average home nearly doubled in price.

Now that housing has lost its speculative luster and mortgages are harder to get, homes sales are plummeting, down more than 30 percent over the last two years. And as Thomas Lawler, a real estate analyst based in northern Virginia, says, “Sales numbers tend to be a great leading indicator of prices.” But it hasn’t happened yet.

Nationally, home prices have fallen only 5 percent from their peak early last year, according to the S.& P./Case-Shiller Composite Home Price Index, the most accurate of the well-known measures. Instead of selling at reduced prices, sellers are holding out, hoping that the good times will somehow return. Paramount is simply an extreme example of the phenomenon.

“We got to a point in this area where the values far exceeded the capability of the median family,” said Gary Endo, a real estate agent with Duke & Associates in Paramount. “So people created a loan to bridge that gap. All they did was create a problem.”

Mr. Endo added: “We’re going through that transition where sellers can’t accept that prices are falling. They’re still caught up in this idea that their property is worth more than it is. It’s just strange.”

Some homeowners will do just fine by remaining in their homes. Maria Angel, another real estate agent, said she thought Paramount’s sales decline had been so large partly because the city attracts first-time home buyers who often decide to put down roots. If they can’t get the price they want, they’re happy to stay in their home. (Best piece of Paramount trivia: it’s where Zamboni ice-cleaning machines were invented and are still made.)

But other residents are refusing to sell for a grimmer reason: they’re facing a spike in their monthly mortgage payments, and their homes may not be valuable enough to pay off their loans. Mr. Perez, who is 43 and works as a machine operator, bought his house for $380,000 six years ago. He later refinanced his mortgage and took out a home-equity loan. As a result, the interest rate on his new mortgage reset in October, causing the monthly payment to jump $1,300, to $3,900.

If he can’t sell the house for something close to the asking price of $549,900, he expects the bank will take it from him. “The truth is, I don’t think my house will sell,” Mr. Perez said in Spanish, to my colleague, Ana Facio Contreras. “If in four months I’ve had no offers, I don’t see how I’ll get an offer now that it’s more difficult to sell.”

There are no perfect solutions at this point. Treasury Secretary Henry M. Paulson Jr. has decided to err on the side of caution, gently nudging banks to alter the terms of a small fraction of mortgages headed toward default. Democrats in Congress are pushing for a bigger rescue plan, one that puts more responsibility on the lenders that marketed all those ridiculous mortgages. The Democratic plan is clearly more humane than Mr. Paulson’s, but it would also end up subsidizing some wildly irrational home purchases and borrowing choices.

Either way, the real estate bust will not be over until prices have fallen significantly more than they have so far. That could happen quickly — starting with a 10 or 15 percent nationwide drop next year — or over many years, as inflation eats away at home values.

Mr. Perez, for one, thinks sanity will return sooner, if not soon enough. “I assure you that in two years things are going to change,” he said. “But that doesn’t help me now.”

E-mail: leonhardt@nytimes.com

Monday, December 10, 2007

WW FL MN CA

Wall Street Journal

The home has long been the bedrock asset of most American families. Now, its value has become the biggest question mark hanging over the global economy and financial system.

Over the past decade, Wall Street built a market for more than $2 trillion in securities sold globally and backed by loans to U.S. homeowners on two long-accepted beliefs and one newer one. The prevailing logic: The value of the American home would never fall nationwide, and people would almost always make their mortgage payments. The more recent twist: Packaging mortgage loans and turning them into securities would make the global economy more resilient if anything went wrong.
[Chartbook]

In a matter of months, though, much of the promise of the new financial architecture -- together with its underlying assumptions -- has proven to be a mirage. As house prices fall and homeowners default on mortgages at troubling rates, the pain has spread far and wide. An examination of the resulting crisis shows that it is comparable to some of the biggest financial disasters of the past half-century.

So far, the potential losses look manageable compared with the savings-and-loan crisis of the 1980s and the tech-stock crash of 2000-02. But the housing debacle could yet take years to work out, thanks to the sheer complexity of it. Until the mess is cleaned up, investors will remain jittery and banks will likely hold back on all kinds of lending -- a credit crunch that is already damping global growth and could tip the U.S. economy into recession.

The new financial system -- shifting risk from banks to securities markets -- has worked "pretty well" up until now, says former Federal Reserve Chairman Paul Volcker. "We're going to find out if it works well for a major-league crisis."

To ease the pain, the Federal Reserve has cut short-term interest rates twice and is expected to cut them further tomorrow. The Bush administration has also pressed for private-sector curative measures. First, it urged big banks to create a new entity to buy some mortgage-linked securities that don't have a ready market now. And a plan finalized last week calls for freezing interest payments on perhaps hundreds of thousands of qualifying homeowners whose mortgage notes are set to rise. Both ideas are controversial. They are hailed by some as well-conceived financial first aid and criticized by others as inadequate -- or an impediment to crisis resolution.
INTERVIEW EXCERPTS

[Go to Excerpts.]
"There's no question that the Fed was remiss in the way they handled this. They are guided by a theory of the market which I think is false."
-- George Soros
• Read more excerpts from interviews with George Soros, Paul Volcker, William Seidman and Robert Shiller.

Veteran financiers see in the current episode a pattern consistent with classic financial manias: Investors' enthusiasm for an asset -- in this case U.S. houses -- drove up prices, attracted more capital and lifted prices to levels that preordained a fall. Home prices rose sharply elsewhere, too, including in the United Kingdom, parts of continental Europe and Australia. "Old fogies like me expected the bust to come earlier than it did," says George Soros, the 77-year-old chairman of Soros Fund Management. "A lot of us got tired waiting for it."

The Extent of the Crisis

The ultimate extent of the crisis will depend largely on how steeply the price of the average American home falls. That will play a pivotal role in determining how many people are at risk of foreclosure as payments on adjustable-rate mortgages tick upward and in the size of losses on securities backed by those loans. It will also affect the size of the hit that consumers sustain to their spending power.

House prices are down by 0.5% to 10% now, depending on the measure used. If they fell 30% -- what it would take to restore their historic relationship to inflation, rents and incomes -- $6 trillion worth of housing wealth would be wiped out. Measured against the size of the U.S. economy, that is less than what was lost in the stock market between 2000 and 2002. Initial guesses at total losses on subprime and similar mortgages range from $150 billion to $400 billion.

The latter figure would equal about 3% of U.S. annual economic output. That is similar to the losses suffered by S&Ls and commercial banks between 1986 and 1995. But it is less than half the scale of Japanese bank losses in the wake of that country's burst stock and real-estate bubbles.

The current crisis, though, differs in crucial ways from the recent tech-stock bust and the S&L crisis.

For one, it centers on assets -- houses -- that, unlike stocks, most people have bought with borrowed money. On average, mortgage debt amounts to nearly half the value of houses. In recent years easy credit has allowed many to borrow up to the full value of their homes, making them more leveraged than any hedge fund.

As prices fall, people who find themselves owing more than their homes are worth are much more likely to renege on their mortgages, leaving lenders to sell the foreclosed houses at a loss. To make matters worse, payments on more than $500 billion in mortgages will reset in 2008, mostly to higher rates.

Banks are far less exposed to serious damage than during the 1980s. Nonetheless, the shift of loans from banks to markets has created a staggering complexity that threatens to prolong the crisis.
[Tale of Two Bubbles]

During the Latin American debt crisis, the Fed and U.S. Treasury were able to prod a few hundred banks to renegotiate billions of dollars in debt owed by a few dozen developing countries. "You had uncertainty in valuation, but it was more straightforward: You know how big the debt is, you know who has it, a relatively small group," says Mr. Volcker. "This is much more complex."

Mortgages today are dispersed among banks as well as more than 11,000 investment pools, each of which may have hundreds, if not thousands, of investors. Many of those pools have been further repackaged into specialized funds known as structured investment vehicles and collateralized debt obligations, or SIVs and CDOs -- each of which have their own investors. That makes determining who owns the securities, what they are worth and the nature of the underlying collateral a tricky process.

David Barse of Third Avenue Management LLC, a New York investment firm specializing in distressed companies, is steering clear of CDOs for now. He says he would need to hire new experts just to figure how much they are worth. "We don't have the analytical systems to break them down," he says.

Indeed, coming up with a value for a CDO entails analyzing more than 100 separate securities, each of which contains several thousand individual loans -- a feat that, if done on any scale, can require millions of dollars in computing power alone.

Recent deals, such as a hedge fund's purchase of the mortgage portfolio of E*Trade Financial Corp., suggest markets are starting to sort things out. But many investors are hanging back, prolonging the uncertainty over markets and the economy.

Housing fits a pattern Mr. Soros has observed since he entered the investment business in the 1960s. Economic fundamentals, he posits, are supposed to determine asset prices. But often a flood of capital makes an asset's fundamentals seem sounder than they really are, attracting even more capital. "Eventually, you reach a turning point," he says, "where the value of the collateral begins to decline, which reduces the willingness to lend, which reinforces the fall in the value of the collateral."

"There usually has to be a flaw in people's perceptions to set a boom-bust sequence into motion," Mr. Soros says. In the case of housing, he says, it was the assumption that, because home prices fall nationwide only in a severe economic slump, a diversified portfolio of U.S. mortgages made for a very safe investment.

Robert Shiller, a Yale University economist who has made a career out of studying bubbles, says the last bear market in stocks may have also made houses more appealing. A 2003 survey of home buyers he conducted with a colleague found 10 times as many said the stock market's collapse encouraged them to buy a home as said it discouraged them. Their thinking, Mr. Shiller says, went like this: "I'm fed up with the stock market, I had so many promises of high returns and my broker and the accountants were deceiving us. But homes have always gone up in value, and it gives me great satisfaction to own a home and I can see it everyday."

At first, home prices rose for good reason. With the economy in recession, the Fed slashed interest rates in 2001 and kept them low until mid-2004. That, plus an influx of foreign savings to the U.S., kept mortgage rates low. Former Fed Chairman Alan Greenspan frequently argued there could be no housing bubble. The high cost and inconvenience of moving "are significant impediments to speculative trading and...development of price bubbles," he said in late 2004.

But rising home prices may have given both buyers and lenders a false sense of the market's stability and security.

Chris Delzio, a securities broker in the pricier New York area, moved to Palm Bay, Fla., in 2003 and bought two town houses, each for $75,000. Within two years, he had sold both for double what he paid and plowed the profits into land to build five new homes. Compared to staring at a securities-trading screen, he says, "It was fun, driving around, looking at the properties. You're out, talking, negotiating."

Buying Time

When the Fed began to raise interest rates in 2004, mortgage rates also began to climb. Initially, home prices kept rising as home buyers turned to mortgages with low initial payments, assuming they could sell or refinance before the mortgage rate adjusted higher. Borrowers who had trouble making payments could easily buy more time by refinancing into bigger loans, thanks to higher prices. That kept defaults low and encouraged rating agencies to continue blessing securities backed by such mortgages with high ratings.
[Chart]

Then, in places like Florida, buyers stopped coming. Mr. Delzio listed one home, on which he spent $203,000, at $210,000. He then cut the price repeatedly, finally to $175,000, barely more than the mortgage. He now rents it for $800 month, well short of the $1,400 monthly carrying cost.

Selling is made all the more difficult by the ample supply of homes and vacant land for sale in the area. Nationally, there were 2.1 million vacant homes for sale in the third quarter, equal to 1.6% of all the homes in the country -- a record.

At the end of 2006, the value of all homes in the U.S., excluding rentals, peaked at 153% of gross domestic product (or about $21 trillion) -- the highest level in at least six decades. By Sept. 30, that had edged down to 150% of GDP as home prices began to drop. With huge inventories of unsold homes soon to swell with foreclosed properties, that is likely to continue.

Falling home prices make consumers poorer and less ready to spend, and they make it harder to borrow against home values -- even if consumers are current on their payments.

Surrounded by Foreclosure

The downturn is particularly tough on those surrounded by foreclosed homes. Melissa Pohlman and her husband bought a renovated home in North Minneapolis's down-at-the-heels Jordan neighborhood three years ago for $205,000. It was most recently assessed by the city at $230,000. Ms. Pohlman, a 29-year-old pastor, hoped it would eventually rise to $240,000, at which point they would have enough equity to stop paying $160 a month for private mortgage insurance.

But hundreds of homes in the area are being foreclosed, and she doesn't even "want to know" what it is worth now. "You're dealing with an already transient neighborhood and then you heap on top of that a ton of foreclosures -- there are a lot of vacant homes, a lot of houses that are boarded up."

The pressure on homeowners is only part of the picture. A potentially bigger issue is the impact of this bad debt on banks and investors -- and their continued willingness to lend to consumers and businesses.

Mortgage securities typically consist of 10 or more different slices -- from highly rated slices for conservative investors all the way down to low-rated, riskier slices for investors looking for bigger returns. Each slice has its own set of rules governing when and how investors will get paid or suffer losses. Rising defaults can actually be good for some highly rated slices, which get paid off faster as a result. Many lower-rated slices, though, pay back the original investment only after three years, and only on the condition that defaults remain low. That means the value of a security issued in 2006 stands to be a big question mark until 2009.

"Maybe people will get wiped out, maybe they won't -- we won't know until two or three years from now," says Dan Castro, managing director at GSC Group, a New York-based asset-management firm that focuses on the mortgage market.

Ken Guy, finance director of King County, Wash., says the county's investment pool bought short-term IOUs called commercial paper backed by several SIVs because they appeared to be low risk. "We relied heavily on the ratings agencies," he says. About 10% of his $4.8 billion fund was invested in such paper. When the mortgage-backed assets held by the SIVs suddenly started going bad, some of his investments were downgraded all the way to "default."

"How could this have happened so quickly?" Mr. Guy wondered with colleagues. "How could these be downgraded from top to bottom in a day or two?" Such questions have been raised repeatedly.

"We've seen an unprecedented decline in market liquidity, really beyond what we thought possible," says Noel Kirnon, executive vice president in charge of structured finance at Moody's Investors Service, one of the two large ratings firms.

"Ratings on SIVs are significantly impacted by the market trends...even when the underlying portfolio maintains its credit quality," says a spokesman with Standard & Poor's, the other large ratings firm.

The complexity of mortgage-backed securities is making banks more vulnerable to losses than expected. It turns out banks didn't manage to shed so much of the risk of lending by packaging mortgage loans into securities and selling them to investors. Instead, they kept a large portion of the risk in various forms, including pieces of the CDOs they helped bring to market.

They also sometimes struck deals to provide emergency funding to SIVs and managers of CDOs -- obligations that weren't always clearly spelled out in their financial statements. Such agreements with CDO vehicles led to much of the $8 billion to $11 billion in write-downs that Citigroup Inc. says it expects to suffer in the current quarter.

With mortgage losses mounting, banks all over the world are shying away from risk. Swiss bank UBS AG recently announced four billion Swiss francs ($3.54 billion) in third-quarter losses on securities backed by U.S. mortgages and has warned of more to come in the current quarter. In one of a number of moves aimed at cutting back on risk, the chief executive, Marcel Rohner, has said he plans to slash the investment bank's assets by 30%, which means putting a lot less money into securities.

Because everyone from auto dealers to Main Street banks now depends on securities markets as a source of credit -- as opposed to banks -- such moves could make it more difficult for consumers and companies to get money.

Banks are also wary of lending to one another. They are trying to keep as much cash as possible as a cushion against potential losses, and they are worried that their counterparts could go belly up. As a result, they have been charging each other much higher interest rates. Those rates, in turn, affect monthly payments on millions of credit cards and mortgages in Europe and the U.S.

Asset prices stop falling when markets conclude that all the bad news has been factored in. At that point, so-called vulture investors pounce. But most are holding back because they think banks and SIVs could yet be forced to sell more of their holdings of subprime-backed securities into a market with few buyers.

'Littered with Corpses'

TCW Group, a Los Angeles asset-management firm, raised about $1.5 billion over the summer in anticipation of finding distressed opportunities in the mortgage market. But Jeffrey Gundlach, chief investment officer, says he has invested less than a quarter of those assets so far. "The 2007 capital markets are littered with corpses of the people who thought [subprime bonds] were a good buy at 90, 80, 70, 50, 40, 30 and 20 cents on the dollar," says Mr. Gundlach, a mortgage expert since the 1980s. He looks at 50 depressed mortgage bonds for every one he buys.

In spite of the gloom, the economy may avoid recession. Housing comprises a much smaller share of the economy than business investment, which dragged the U.S. into recession in 2001. Also, the rest of the world is stronger than in 2001, boosting U.S. exports. For the entire U.S. economy to contract would probably require a broad decline in consumer spending, which hasn't happened since 1991.

And, while financial problems are serious, they aren't -- at least yet -- on a par with those of the 1980s, when many major banks would have been insolvent had they valued their Third World loans accurately. There is, indeed, a possibility that the opacity of today's mortgage securities means markets may be factoring in far larger losses than will actually occur. Though the Fed is still worried about inflation, it has plenty of room to cushion the economy with additional interest-rate cuts.

But after years of living off the debt-financed increases in the value of their homes, U.S. consumers are in uncharted territory. "A lot of people, including me, have been saying that the country has been spending more than it's been producing, and that will have to come to an end," says Mr. Volcker. "The question is: Does it come to an end with a bang or whimper?"

Thursday, December 06, 2007

CA loan limit!

Bay Area

Dannice Fuller is a realistic real estate agent. Seeing that her client wanted a quick sale, she asked her to drop the price to $417,000, or the conforming loan limit for federally sponsored loans, and open up the East Oakland property to nearly every buyer on the market.

"A lot of people can't get approved for a jumbo loan," said Fuller, an agent with ATM Real Estate in Richmond. "So now the house is competitively priced."

Loans of $417,000 and less are purchased by the Federal Home Loan Mortgage Corp. or Federal National Mortgage Association, two agencies, that, with the government's help, provide a lower interest rate to home buyers. Loans of more than the conforming loan limit of $417,000 are called jumbo loans and usually have higher interest to absorb lenders' perceived loan risk.

"Maximum conforming limit loans are where the money is," said Jay Damato, a mortgage broker and owner of Elite Financial in Walnut Creek. "That's where you can still do a zero-down -- 80 percent first, 20 percent second."

Damato said he wasn't surprised agents are telling sellers to hit around the loan limit.

"Jumbo loans are more expensive and harder to qualify for," he said.

In August, a cash crisis hit the lending industry, creating a huge chasm between those who could qualify for a conforming loan and those who could qualify for a jumbo loan. Because of the higher risk, some lenders increased jumbo interest rates more than 2 percent.

"The conventional
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mortgage market is the only thing that's functioning well," said Christopher Thornberg, an economist and principal with Beacon Economics in both Los Angeles and San Rafael. "Of course, people are going to try and stay within the loan limit."

Thornberg said that the act of agents pricing homes near the conforming loan limit is just another marketing tactic in a tough market. "They're trying to find any hole they can to generate business," he said.

It was precisely these tactics that caused the market to tank in the first place, he said.

"They say in places where prices are collapsing, 'Oh, no, not at this price point,' or 'I think things have bottomed out,' whatever it takes to make a commission," Thornberg said.

Pete Ogilvie, president of the California Association of Mortgage Brokers, said that a conforming loan saves the consumer more than $73,000 in a 30-year fixed loan, or about $205 per month.

Although he said that 100 percent financing is still available for those with decent credit, he doesn't recommend it. "If you have 10 percent down and an average credit score, you can get a decent loan," he said.

Ogilvie said the housing market is still driven mostly by price.

"In this market, if you lower your price, you will sell your house," he said.

Bryce Ellsworth, a real estate broker with Windermere Ellsworth & Associates in Brentwood, said that pricing homes within the conforming loan limit does help, but it still has to be a good house.

"It also has to be nice, and buyers need to feel they are getting a good price and very good home for that price," he said. "It also makes a huge difference if you can use a conforming loan."

But right now, about 1,050 homes are listed at less than $417,000 in Oakley, Brentwood and Antioch, he said, so there's some stiff competition.

A house he recently sold in Brentwood went for $420,000; he had two offers right around $417,000. "But it was 2,900 square feet and in good condition ... with a pool," he said. "But we would like to see the limit raised to reflect the region."

The Office of Federal Housing Enterprise Oversight reported Nov. 29 that the loan limit would stay at $417,000. The limit cannot be raised without an act of Congress.

Ogilvie said that his industry urged the federal government to raise the loan limit to around Contra Costa County's October 2007 median of $530,500 but said the latest bill may not make its way to the floor of the Senate.

Tuesday, December 04, 2007

WSJ repeal supply & demand

Wall Street Journal


As the housing market continues to deteriorate, the pressure to respond is growing in Washington. A Treasury Department plan -- to work with mortgage servicers to streamline the process for modifying loans for subprime borrowers who can't afford higher monthly payments -- has been in the news the past few days. Yesterday Hillary Clinton announced a plan for a 90-day moratorium on foreclosures and a five-year freeze on mortgage payments for subprime borrowers. It won't be long before demands are made -- including from Wall Street -- for a taxpayer bailout of homeowners facing foreclosure.
[Opinion]

A taxpayer bailout of distressed homeowners would be expensive, unfair to the vast majority of homeowners and renters who have made prudent financial decisions, and set a troubling precedent that would invite reckless behavior in the future. What's more, a bailout will not stop the inevitable correction in home prices, and is unlikely to prevent the associated economic repercussions.

The primary argument for a taxpayer bailout is based on a myth -- that subprime borrowers are falling behind on their mortgages because interest rates on their adjustable rate mortgages have spiked, making their monthly payments unaffordable. In fact, the vast majority of delinquent subprime borrowers are still paying introductory teaser rates (about 8% on average, a below-market rate for borrowers with checkered credit histories). In other words, for most of these borrowers, their monthly payments have not yet gone up.

It is true that many subprime borrowers were sold a toxic mortgage by unscrupulous mortgage brokers. However, the primary reason for the spike in subprime delinquencies so far is that many subprime borrowers have taken on more debt than they can pay back using any reasonable interest rate.

According to Credit Suisse, the typical subprime mortgage starts at 45% of pre-tax income -- before the rate resets. After the first reset, the mortgage payment generally increases to about 55% of gross income (and can go up from there). Many of these loans can't be restructured or modified; the only way the most distressed subprime borrowers will be able to stay in their homes is if the lender or the taxpayers forgive a significant amount of their mortgage debt.

Since so many borrowers -- and not just subprime borrowers -- would need to receive substantial debt forgiveness to make their mortgages affordable, a bailout fund would be expensive, likely costing taxpayers hundreds of billions of dollars. At a time when Congress should be trying to confront the trillions of dollars in unfunded Social Security and Medicare obligations, a mortgage bailout would be fiscally irresponsible.

An important factor that would magnify the cost of a bailout is that it's difficult to know in advance who will default on their loans, and therefore to whom the aid should be targeted. By what standard would the government distribute this aid? What would qualify a homeowner as financially distressed? Should a bailout be limited to subprime borrowers, people who, by and large, have a history of not paying their bills on time? Why not extend the taxpayer's largesse to prime borrowers, many of whom also face large payment increases associated with rate resets?
[Vote] QUESTION OF THE DAY

• Do you support the Treasury's plan to freeze rates on some mortgages?

A majority of subprime loans during the past few years have been cash-out refinance loans. Many subprime borrowers have extracted, through cash-out refinancing, much more than they ever put into the house in the form of a down payment. Would they be eligible for a bailout? How about people who chose a "stated income" option, so they didn't have to document their income and lied on their loan applications?

Would a bailout fund be limited to those with certain incomes or home values? Would there be an asset test, or would people with two brand new cars in the driveway or six-figure stock portfolios qualify? What kind of asset test?

It is self-evident that any bailout fund will be complex to administer, as well as arbitrary and unfair. While the plight of many who were caught up in the housing mania is tragic, a bailout package would almost certainly reward the least deserving. Those facing the greatest risk of foreclosure -- and presumably those who would get most of the taxpayer aid -- are those who bought a much more expensive house than they could afford, spent the equity of their once-affordable home, or lied about their income to qualify for a loan they otherwise would not have received.

Ironically, if passed into law, a bailout would come at a time when many investors are urging Federal Reserve Chairman Ben Bernanke to exercise restraint in responding to recent financial market turmoil. They argue that one important reason investors have taken on excessive risk (say, buying risky subprime mortgages with leveraged funds) was the perception that the Fed would step in and cut the fed-funds rate if asset prices fell, as it has done repeatedly during the past two decades. Economists call this moral hazard. Obviously, the federal government would set a troubling precedent and encourage irresponsible behavior in the future by bailing out homeowners (and, indirectly, lenders and investors).

Some say the government did exactly that during the S&L bailout of the 1980s, but that is not true. The bailout was for innocent depositors who were guaranteed protection of their funds under federal law. The managements and investors of the savings and loans that became insolvent were not bailed out. They lost their jobs and their investments.

The argument will be made that, despite the high cost, inherent unfairness, and moral hazard associated with a bailout, allowing a spike in foreclosures will push home prices down and possibly send the economy into a recession. Therefore, Congress should create a taxpayer bailout fund to soften the economic blow from the housing bust.

Theoretically, a timely and well-designed bailout might slow the descent of home prices and mitigate the associated economic fallout -- but one ought to be deeply skeptical of the effectiveness of a proposal that, at root, is designed to repeal the laws of supply and demand. Home prices were driven to unsustainable levels during the housing boom because imprudent loans created artificial demand for housing. It is inevitable that home prices will fall as that artificial demand is withdrawn.

Congress and the Bush administration are in the process of taking measured steps, such as expanding eligibility for FHA loans and working with industry to streamline the process to modify loans, to help distressed borrowers where they can. To be sure, these proposals will have only a modest impact. But policies designed to suspend the laws of economics inevitably produce unintended consequences. Today's housing bust is itself the unintended consequence of an easy Federal Reserve monetary policy designed to cushion the economy from the fallout of the bursting of the tech bubble. Congress should reject a taxpayer bailout.

Monday, December 03, 2007

WSJ 40 cents on dollar

Wall Street Journal

Lennar Corp. has sold about 11,000 home sites to a venture mostly owned by the real-estate arm of Morgan Stanley for $525 million, a large land sale that signals that investors have begun to pounce on bargain deals.

The sites -- in 32 communities in areas hit hard by the housing downturn -- were valued on Lennar's books at $1.3 billion as of Sept. 30. The low price the venture paid is a vivid sign of how land values have plummeted with the downturn, precipitated by defaults on subprime mortgages and tightening credit that have led to a broader slowdown in sales.
OPENING THE DOOR

• The News: The real-estate arm of Morgan Stanley snatched up -- at fire-sale prices -- an 80% stake in 11,000 home sites from builder Lennar.
• More Takers? The deal could lead other vulture investors to swoop in on discounted land.
• Uncle Sam: Builders have tax-related reasons to do deals before year end.

Lennar, which will have a 20% ownership stake in the venture, will have the option to buy back certain home sites.

The deal, which closed with little fanfare Friday night, could be a catalyst for other "vulture" investors to swoop in and grab discounted land from other troubled builders. A wide range of investors have been raising money from pension funds and private-equity firms to acquire land.

While no one has yet been able to call the bottom of the housing slump, some land investors have a short-term strategy, hoping to sell house lots back to builders on a piecemeal basis. Other investors are planning to wait out the housing slump and hold the land for several years.

The Lennar deal comes just weeks after the nation's largest builder, D.R. Horton Inc., sold nearly 7,000 acres outside Phoenix for $70 million.

"There is a lot of money out there right now trying to do deals like this," says John Burns, a home-building consultant based in Irvine, Calif., who consulted with Morgan Stanley on the sale. "The problem has been the gap between what the buyers are willing to pay and what the sellers are willing to accept. This sends a strong message that somebody is willing to part with land at a significant loss."

Land has been the hardest hit of any property class during the housing downturn, with values in some markets falling between 40% and 60%. Until recently builders have been unwilling to accept the fire-sale prices being offered for land, hoping the housing market would recover.

Tax considerations are pressing builders to do deals that involve losses. The builders can only claim losses on land that has lost value once the assets are sold. If they close these deals by year end, the builders can recoup taxes all the way back to 2005, the peak of the housing market, when they were churning out huge profits and paying hefty taxes.

Lennar, which finished its fiscal year Nov. 30, will likely recoup about $250 million to $300 million in taxes from the recent sale. "Recouping the taxes is secondary," the builder's chief financial officer, Bruce Gross, said in an interview. "We wanted to turn hard assets to cash and further strengthen our balance sheet."

The venture, which is 80% owned by Morgan Stanley Real Estate, enables Lennar to move the land -- a mix of raw land and partially finished lots in both actively selling and future subdivisions -- off its balance sheet and into the venture. Lennar has the right to buy back the lots but is not obligated. Lennar will have 50% voting rights in the venture.

Morgan Stanley Real Estate raises money from outside investors to invest in commercial property throughout the world. It currently manages $88.3 billion in real-estate assets.

The deal with Lennar gives Morgan Stanley a big stake in heavily discounted land, while having Lennar manage the venture's operations.

"It's a good deal for Morgan Stanley" says Ivy Zelman, chief executive of Zelman & Associates, an independent housing research firm. "They are getting the lots at 40 cents on the dollar and Lennar will manage the venture and provide their home-building expertise for a fee." A Morgan Stanley spokeswoman declined to comment.

Ms. Zelman says another sticking point in the land market is that some investors, such as banks and hedge funds, aren't interested in building on the land themselves. "They don't want to be stuck with an asset that they can't perform on. You need to have a builder in the game," she says.

Home builders are being punished for excesses during the boom when, in some cases, they made as much profit speculating on land, as they did building houses. The builders borrowed heavily to buy massive swaths of land, typically on the outskirts of hot housing markets and then sold off parcels to other builders or built homes on it.

When the housing market sank, the builders got stuck holding the land. The land that Lennar sold includes 11,000 home sites in California, Colorado, Florida, Illinois, Maryland, Massachusetts, Nevada and New Jersey. At the end of its fiscal third quarter, Lennar owned 86,412 lots.

"Land is a nonearning asset. The builders have to get it off their balance sheet" says Jeffrey Gault, chief executive of LandCap Partners, a Los Angeles-based land investment company that has raised $350 million to buy land from builders across the country.

A former division president at KB Home, Mr. Gault's strategy is to buy lots from builders and then sell or option the lots back to the builders for a fee or form joint ventures. He expects returns of 12% and 18% and expects to close his first deal in the first quarter.

The Lennar-Morgan Stanley deal could prove a model for struggling builders, needing cash to stay afloat during the downturn. Analysts say home builders Centex Corp. and Standard Pacific Corp. may be close to negotiating large land deals that may be announced by year end. But not all builders may be eligible for joint ventures. "You are going to be less willing to do this with a builder on the verge of bankruptcy," Mr. Burns says.

Sunday, December 02, 2007

CA CC Times

Contra Costa

The subprime smashup jolted the East Bay commercial real estate market in the third quarter and marred an otherwise sturdy performance.

Overall, leasing activity remains decent in the East Bay. But the collapse of a number of mortgage and residential real estate companies in the region has complicated efforts by property owners to fill their office spaces.

The July-September quarter also featured the purchases of a number of high-profile office buildings in the East Bay. Analysts say deals show that investors are confident about the long-term prospects for the region's growth.

These are among the trends that emerge from third-quarter commercial real estate reports for the East Bay that were produced by local brokers.

"The mortgage crisis has put a damper on the market," said Thomas Fehr, a senior vice president with Cornish & Carey in the East Bay. "Some good things are happening, but it's not as vigorous as we had anticipated."

Part of the problem is that home finance and residential real estate companies have abruptly ceased operating in a number of cases.

"These companies are just gone," Fehr said. "Landlords are getting space back that they didn't anticipate getting back."

Pleasanton, Concord and San Ramon have been particularly hard hit by the abrupt departure of mortgage companies engulfed by the housing quagmire. But industry-watchers say the entire East Bay has been affected by the residential real estate woes.

Colliers International,
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a commercial brokerage, reported that during the third quarter of 2007, net absorption of office space turned negative in the East Bay. The Colliers data disclosed that in the summer months, after deducting the amount of office space that was vacated from the space that was rented, the amount of empty office space in the East Bay increased by 455,000 square feet.

"There have been some huge hits from the subprime blowout," said Christopher Tasker, a principal with CM Realty Inc., a commercial brokerage. "This has happened in a very short time frame."

During the second quarter of 2007, the absorption trends were positive: A net amount of 232,000 square feet of empty space was filled.

"You have Diablo Funding, American Mortgage, Countrywide -- a number of mortgage companies closed a lot of offices," said Rick Steffens, a senior vice president with Grubb & Ellis, a commercial realty brokerage. "The aggregate of all that has a pretty substantial impact."

Although the office leasing market was uneven during the third quarter, it was a different picture for investments in office buildings. Property buyers made it clear by their actions that they are optimistic about the long-term prospects for prime office buildings in the East Bay.

Investors snapped up a number of high-profile properties in a number of East Bay markets during the third quarter. Among them:

# Transwestern Investment Co. paid $99 million for two Concord office buildings, One Corporate Centre and Two Corporate Centre, both on Willow Pass Road.

# SKB in August paid $61.5 million for two office projects, the Berkeley Tower in downtown Berkeley and the Jackson Center near Lake Merritt in Oakland.

# Legacy paid $86 million in August for San Ramon Plaza, a two-building project on Crow Canyon Place in San Ramon.

# In July, Legacy paid $86 million for Hacienda Terrace, a three-building complex at Gibraltar Avenue and Hacienda Drive in Pleasanton.

# Ellis Partners in early August paid about $12 million for a three-building Alameda complex that contains the headquarters of UTStarcom Inc.

# In July, Legacy paid $9 million for an office building on Koll Center Parkway near Bernal Road in Pleasanton.

# Vodafone Plaza near the Pleasant Hill BART station sold for $88 million in September.

# Dublin Corporate Center, a multibuilding office complex close to the BART station in Dublin, sold for $91 million in August.

"The driving force behind these office building sales is the investors are looking at rental rates in San Francisco and the Peninsula," said Mark McNally, a managing partner with NAI BT Commercial. "The buyers believe tenants will start to actively look in the Tri-Valley, Walnut Creek, Concord and Oakland markets."

Yet the subprime problems could make it tough for the new owners of these buildings to quickly drive rents higher, said Christopher Tasker, a principal with CM Realty, a commercial brokerage.

"The demand just isn't there for big increases in rents, and the whole subprime situation has only worsened matters," Tasker said. "The institutional owners who bought these buildings have inflated the market because of their high asking prices for rent."

The East Bay retail property market, in contrast, has largely escaped the subprime hiccups that jolted the local office sector during the third quarter. That trend should persist in the coming months, according to a new report by Marcus & Millichap, a realty investment brokerage.

"(The East Bay's) retail assets are expected to remain popular with buyers in the coming months," the Marcus & Millichap report stated. "(The area's) tight conditions and high replacement costs should support investor demand for existing properties."

One of the notable retail building purchases was the $6 million acquisition of the former Mark Morris Tires site in downtown Walnut Creek in July. The buyers intend to eventually find upscale retail uses for the property.

What's more, some specific markets in the East Bay that do not depend as much on housing construction and finance could do even better than the region as a whole. Ken Meyersieck, a senior vice president with Colliers, pointed to Oakland and other parts of the Interstate 80 and Interstate 880 corridor as commercial property sectors that look particularly strong.

"I don't think our micro-economy in the Oakland area has been that impacted," Meyersieck said. "Our employment base is different than other parts of the East Bay. Oakland is not a construction-related job market. It has services, health care, life sciences and high tech."

Downtown Oakland and nearby Jack London Square now have $800 million worth of construction under way or about to begin, Meyersieck estimated.

The commercial construction boom in Oakland includes a large new office building at Franklin and 21st streets that was developed by Brandywine Realty Trust. And the Catholic Diocese in Oakland is building a new cathedral near Lake Merritt that they hope will be a place of worship and also a tourist attraction.

Despite the subprime travails, the broad commercial realty market still looks healthy, said Bruce Ring, chairman and a principal with Walnut Creek-based Morgan Miller Blair, a law firm that specializes in the real estate, business and technology fields.

"There still seems to be a lot of demand for office space outside of the mortgage and housing industries," Ring said. "There is still tremendous activity in shopping center development. Demand for apartments is very high. People can't afford to buy homes, or they lost their homes."

The economic fundamentals in the East Bay, such as job creation, remain relatively decent, industry insiders said.

"Other than this subprime thing, the East Bay economy has been doing fairly well," Tasker said. "Unemployment is fairly low. Job creation is pretty strong."

George Avalos covers jobs, economic development, commercial real estate, finance and petroleum. Reach him at 925-977-8477 or gavalos@bayareanewsgroup.com

Saturday, December 01, 2007

Plan

Wakk Street Journal


A government-led plan to freeze interest rates on certain troubled subprime home loans drew criticism both from investors who foresee losses and from some analysts warning that it will merely prolong the pain of the mortgage crisis.

But others said the Bush administration was making the right move to stave off dangers in the housing market. Shares of major home lenders moved higher.

As much as $362 billion in U.S. subprime home mortgages with adjustable interest rates are due to reset at potentially higher rates in the coming year, according to Banc of America Securities, risking a wave of defaults by borrowers unable to afford the new monthly payments. That in turn could exacerbate a wave of write-offs by investors who now own those mortgages. Losses related to bad mortgages already have reached the tens of billions of dollars and have led to turmoil in the world's financial markets.
[Mortgage]

Fears that the problems could accelerate have led the U.S. Treasury and the mortgage industry to develop a plan that would postpone the higher rates for some borrowers.

The success of the plan, details of which are still under discussion, may hang on the many investors in securities backed by mortgages. A coalition of lenders negotiating with the administration includes investor representatives, but the securities are held world-wide and it would be impossible to get everyone's approval. A deal could also spark lawsuits from investors who believe they're being cheated out of their money.

Unlike in years past, when just a bank and a borrower were involved in a mortgage, today's loans have been bundled together, sliced into securities and sold to investors. That has created problems for officials trying to help borrowers, because so many parties are involved.

Alan Fournier, a fund manager at Pennant Capital Management LLC, Chatham, N.J., predicted that the plan being pushed by the Treasury Department will prolong the pain of the housing slump. He said it would merely delay inevitable foreclosures for some people who can't afford their homes, while allowing holders of mortgage-backed securities to put off marking down their assets.

"This reduces the pressure short-term to bring everything to a clearing price," Mr. Fournier says. "We really just need to let it wash through."

Most subprime loans, which go to borrowers with poor credit records, carry an introductory "teaser" rate for two or three years before moving to a higher rate. The plan would keep the teaser rate temporarily for some borrowers.

The outline of the Bush administration plan won praise from a diverse spectrum. Paul Krugman, the liberal New York Times columnist, offered "kudos to the Bush administration" on his blog, saying that while he needed to see more details, "It seems that [Treasury Secretary] Henry Paulson is being much more proactive on the housing mess than I expected."

House Financial Services Chairman Barney Frank, a Massachusetts Democrat, offered legislative help for the large-scale modification of loans, saying he was "encouraged by reports of progress" in efforts to help borrowers who are in danger of losing their homes.

The plan is being negotiated by the Treasury Department and a coalition of mortgage-industry participants, including lenders, mortgage counselors and servicers -- the companies that collect mortgage payments. Many of the particulars need to be worked out, including how long the interest-rate freeze would last and which subprime borrowers would be eligible for relief.

Interest rates on about two million adjustable mortgages are scheduled to jump over the next two years, threatening many of those borrowers with foreclosure.
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12/1/07
• U.S., Banks Near A Plan to Freeze Subprime Rates
11/30/07

Andy Chow, who manages a $7 billion portfolio of mortgage bonds and other fixed-income assets for SCM Advisors in San Francisco, said the success of the plan will depend on how many borrowers qualify.

"Given what we know right now, it would benefit a smaller number of borrowers than the market is assuming," he said. "But if they expand this notion to include more loans, such as those that haven't reset but have already been delinquent or those that have already reset, it could be a big deal for the markets."

The stocks of financial institutions involved in the plan rose sharply in Friday trading, in part because of expectations that the Federal Reserve might cut interest rates but also because of hope that the government's plan might put a floor under the collapsing value of mortgage debt. At 4 p.m. in New York Stock Exchange trading, shares in Citigroup Inc. were up 3.1%, Countrywide Financial Corp. rose 16% and Wells Fargo & Co. was up 6%.

Still, the move is drawing criticism from some on Wall Street, who say the government shouldn't be meddling in the market.

"There's a part of this that's just morally repugnant. The problem is that the policy makers are talking to servicers about giving away other people's money," said Mark Adelson, a principal of Adelson & Jacob Consulting LLC, which consults on securitization and real-estate issues. "It's not the servicers' money, but shareholders' and investors' money."

Among those who stand to gain or lose the most in this plan are mortgage giants Fannie Mae and Freddie Mac. Their support would be crucial to the plan's success, because they are viewed as standard-setters in the mortgage industry. Both are members of the coalition. If they endorse the Treasury formula for loan modifications, that would make it easier for servicers to defend themselves from any challenges by disgruntled holders of securities backed by the loans being modified.

Freddie owns about $105.4 billion of securities backed by subprime mortgage loans, and Fannie holds about $42.4 billion of such securities, according to their third-quarter filings. Those combined holdings account for about 15% of the $1 trillion or so of U.S. subprime loans outstanding, according to trade publication Inside Mortgage Finance. Other holders of securities backed by subprime loans include banks, insurance companies, mutual funds and hedge funds.

"Fannie and Freddie have a lot more to gain than to lose" from a program that reduces defaults and foreclosures, said Moshe Orenbuch, an analyst at Credit Suisse in New York. If modified loan terms can prevent some foreclosures and delay others, that might buy time for the housing market to begin to recover, he said.

A temporary freeze on troubled home loans may help stave off defaults, a plus for investors in mortgage-backed securities, but it would also reduce the amount of interest the loans are expected to pay.

Investors' losses are likely to depend on what type of security they own. Some own riskier slices of debt that may lose much or all of their value if a home goes into foreclosure. This group might benefit from a plan that puts off foreclosures. Other investors might lose less from foreclosures, so long as the foreclosed house can be sold for a reasonable sum.

"The tricky part is that...you have these investors who are all spread out, people owning different bonds and all different classes and changing the loans may affect different classes in different ways," said Alex Pollock, a resident fellow at the conservative American Enterprise Institute and the former president of the Federal Home Loan Bank of Chicago.

The American Securitization Forum, which is part of the coalition and whose members issue, buy and rate securities backed by bundles of mortgages, had been resisting broad modifications of loans. Now it appears to be backing the idea of standard criteria that could be used to help large swaths of troubled borrowers.

"Currently, we are striving to develop streamlined methods of segmenting borrowers with various characteristics," said Tom Deutsch, the forum's deputy executive director, in testimony before a House hearing in California yesterday.

Peter Haveles, a partner at the law firm Arnold & Porter in New York, said the agreements underlying issues of mortgage securities generally give the servicers discretion to modify loans if they consider that to be in the best interest of the holders of the securities. He said the possible litigation isn't likely to derail the Treasury plan, in part because of the breadth of the coalition negotiating it.

A bill introduced by Rep. Mike Castle, a Delaware Republican, would temporarily free servicers from any liability for modifying loan terms. "Investors are still going to get a return and it's in their better interest to have those loans perform rather than fail," Mr. Castle said.