lenders

Costar…

Gramercy Capital Corp. missed the scheduled maturity repayment of more than $790 million in loans, a default which will likely result in an attempt by the lenders to foreclose on nearly 900 properties, consisting mostly of bank branch offices, comprising 25.4 million rentable square feet, the company announced. The loans are pooled into two groups: $240.5 million mortgage loan with Goldman Sachs Mortgage Co., Citicorp North America Inc. and SL…

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Gramercy Facing Foreclosure Action on Nearly 900 Bank Properties

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Huffington Post…

Bloomberg: JPMorgan Chase & Co., one of the lenders criticized over improper foreclosures on military families’ homes, agreed to pay $56 million to settle claims it overcharged service members on their mortgages.

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JPMorgan Pays Millions To Settle Wrongful Military Foreclosure Suit

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Foreclosure Case Deals Big Blow To Banks, Lenders

January 7, 2011

NEW YORK (By Jonathan Stempel and Dena Aubin) – In a ruling that may affect foreclosures nationwide, Massachusetts’ highest court voided the seizure of two homes by Wells Fargo & Co and US Bancorp after the banks failed to show they held the mortgages at the time they foreclosed. Bank shares fell, dragging down the broader U.S. stock market, after the Supreme Judicial Court of Massachusetts on Friday issued its decision, which upheld a lower court ruling. The decision is among the earliest to address the validity of foreclosures conducted without full documentation. That issue last year prompted an uproar that led lenders such as Bank of America Corp, JPMorgan Chase & Co and Ally Financial Inc to temporarily stop seizing homes. Courts in other U.S. states are considering similar cases, and all 50 state attorneys general are examining whether lenders are forcing people out of their homes improperly. Friday’s decision may also threaten banks’ ability to package mortgages into securities, including whether loans that were transferred improperly might need to be bought back. Wells Fargo and U.S. Bancorp lacked authority to foreclose after having “failed to make the required showing that they were the holders of the mortgages at the time of foreclosure,” Justice Ralph Gants wrote for a unanimous court. Wells Fargo was not immediately available for comment. U.S. Bancorp spokesman Steve Dale said the ruling has no financial impact on the bank, which has “no responsibility for the terms of the underlying mortgage or the procedure by which they were transferred” into a mortgage trust. “What they were doing was peddling these mortgages and leaving the paperwork behind,” said Michael Pill, a partner at Green, Miles, Lipton & Fitz-Gibbon LLP in Northampton, Massachusetts, who represents homeowners and is not involved in the case. In early afternoon trading, Wells Fargo shares were down nearly 4 percent at $30.92, while U.S. Bancorp was down 1.4 percent at $25.93. Bank of America stock was down 2.8 percent, JPMorgan fell 3.7 percent, and the KBW Bank Index, which includes all four lenders, was down 2.3 percent. Major U.S. stock indexes were down 0.6 percent to 0.8 percent. ‘UTTER CARELESSNESS’ In the Massachusetts case, U.S. Bancorp and Wells Fargo had said they controlled through different trusts the respective mortgages of Antonio Ibanez as well as Mark and Tammy LaRace, who lost their homes to foreclosure in 2007. The banks bought the homes in foreclosure, and sought court orders confirming they had title. A lower court judge ruled against them, and Friday’s decision upheld this ruling. In a concurring opinion, Justice Robert Cordy lambasted “the utter carelessness” that Wells Fargo and US Bancorp demonstrated in documenting their right to own the properties. Massachusetts is one of 27 U.S. states that do not require court approval to foreclose. Gants did suggest in his opinion how banks might properly transfer mortgages via securitization trusts. “The executed agreement that assigns the pool of mortgages, with a schedule of the pooled mortgage loans that clearly and specifically identifies the mortgage at issue as among those assigned, may suffice to establish the trustee as the mortgage holder,” Gants wrote. “However, there must be proof that the assignment was made by a party that itself held the mortgage.” The cases are U.S. Bank N.A. v. Ibanez and Wells Fargo Bank NA v. LaRace et al, Massachusetts Supreme Judicial Court, No. SJC-10694. (Reporting by Jonathan Stempel and Dena Aubin; Editing by Lisa Von Ahn and Matthew Lewis) Copyright 2010 Thomson Reuters. Click for Restrictions .

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Elizabeth Warren, Sensing Opportunity, Wants To Ease Burden On Lenders To Help Families

October 7, 2010

White House adviser Elizabeth Warren wants to make it easier for consumers to understand loan products by reducing the amount of “useless” information and paperwork that lenders are required to disclose, easing the burden placed on small lenders due to government red tape while boosting their ability to compete with large banks, the consumer advocate told The Huffington Post. In an interview last week in Washington, Warren reiterated her call for a more flexible approach towards government regulation of consumer credit products, emphasizing that excessive “thou shalt nots” create more confusion thanks to the proliferation of excessive disclosure forms while driving up the lenders’ costs to comply. Instead of rules, regulators should adopt a regime based on core principles — like fairness. “It breaks my heart to say this, but I think the word ‘disclosure’ has become a dirty word,” she said. “What it’s come to mean is layers and layers of fine print that nobody reads and nobody understands. Indeed, it’s worse than useless because it is shrubbery to hide muggers,” Warren said in a reference to lenders who use complex disclosure forms to hide fees. Warren’s idea — simple, concise agreements — appears to be at the top of her agenda, based on the interview and her public statements since joining the Obama administration. In a speech last week to the Financial Services Roundtable , a Washington trade group representing the nation’s biggest financial institutions, the former bailout watchdog told the assembled bankers that many of them shared her vision, too. And like lenders, Warren doesn’t believe more pages of government-mandated fine print is the answer. “The idea that what we’re talking about in trying to make these products clear is six more pages of disclosure is the wrong project,” she said. “This is really about, in fact, pushing away some of that and getting it down to the whole basic deal.” The agreements should be “short, easy to see, easy to read. The key principle here,” she added, is for there to be “no place to hide.” It’s that principle that will likely guide Warren as she sets up the new consumer-focused agency. A part of the recently-enacted financial reform law, the Bureau of Consumer Financial Protection will be charged with protecting borrowers from abusive lenders. It consolidates consumer protection authority that had been spread out over about half a dozen agencies; it will have an annual budget approaching half a billion dollars. But to make it “sustainable,” Warren is adopting a different approach than what most had initially expected: she’s embraced industry’s long-held desire for a system of oversight more reliant on basic principles like fairness than one dependent on elaborate and often-convoluted rules. “I should be clear: consumers would be better off” with more rules, she said. “They would be protected from some of the worst possible practices,” Warren, a top adviser to both Obama and Geithner, added. “But, the agency would always be a step behind. It’s only after some number of consumers have been whacked on the head” that the agency would finally take action. “And there’d always be the fighting back and forth” between the agency and the accused lender because the agency would “put a lot of resources into it.” However, it’s not just consumers who’d suffer from the same old approach to regulation. As Warren points out time and again, lenders would suffer, too. “You encourage an industry that wiped out the small competitors because the cost of threading the regulatory thicket would keep going up and [industry] would put a lot of its resources into lawyering,” said Warren, a noted bankruptcy expert who taught at Harvard Law before joining the administration. That would be helpful for lawyers, she points out, “but not very helpful ultimately for consumers or frankly for the industry. “We have a chance to completely reform this entire area,” she said. “If we get it right, there is a smaller regulatory burden on the lenders themselves. I’m looking for sustainability.” The consumer advocate, whose message thus far has received positive reviews from lenders and initial opponents in Congress, said she looks forward to working with industry. But she’s not changing who she is. “Look, I was pretty straightforward when I went in there,” Warren said of her evening with the Roundtable. “I made it very clear: I am who I am, and that’s not going to change. I will do everything I can to build an agency that is strong and independent and acts on behalf of middle class, hardworking families. That is my job, and that is not going to change. “Now, what I also said is, ‘I invite you to think about ways that we can work together and create products for your customers, these same middle-class families, that they can have confidence in and that they can have some confidence in you.’” Like lenders, Warren also has to win others’ confidence. Federal agencies are typically very protective of their turf. With Warren taking a bit from several Washington entities, she’s trying to ensure as smooth a transition as possible. She said she’s spent the first few weeks on the job meeting with the heads of all the agencies whose consumer protection role her agency would assume and calling the chief executives of the nation’s largest banks. Her last meeting before the interview with HuffPost was with Federal Reserve Chairman Ben Bernanke. Warren was mindful of what brought her to temporarily lead the agency she had largely conceived, and for which she arguably was the most effective in getting enacted into law. “I was so deeply touched by what happened,” she said of the outpouring of public support for her candidacy to lead the consumer regulator. “I was overwhelmed. It meant an enormous amount to me, but in a way it felt 100 percent right because this is about building an agency that belongs to the American people. And in many ways, they picked what they wanted.” WATCH the full interview below: ************************* Shahien Nasiripour is the business reporter for the Huffington Post. You can send him an e-mail ; bookmark his page ; subscribe to his RSS feed ; follow him on Twitter ; friend him on Facebook ; become a fan ; and/or get e-mail alerts when he reports the latest news. He can be reached at 646-274-2455.

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Reckless Mortgage Lenders With Criminal Records Slip Through Federal Crackdown

September 10, 2010

A crackdown on reckless mortgage lenders by the Federal Housing Administration has failed to root out several executives with criminal records whose firms continue to do business with the agency in violation of federal law, according to government documents, court records and interviews. The get-tough campaign has also been hamstrung because, even when the FHA can ban mortgage companies for wrongdoing or an excessive default rate, the agency does not have the legal power to stop their executives from landing jobs at other lenders, or open new firms.

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Reckless Mortgage Lenders With Criminal Records Slip Through Federal Crackdown

September 10, 2010

A crackdown on reckless mortgage lenders by the Federal Housing Administration has failed to root out several executives with criminal records whose firms continue to do business with the agency in violation of federal law, according to government documents, court records and interviews. The get-tough campaign has also been hamstrung because, even when the FHA can ban mortgage companies for wrongdoing or an excessive default rate, the agency does not have the legal power to stop their executives from landing jobs at other lenders, or open new firms.

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Why Not Elizabeth Warren For Consumer Bureau Chief?

August 3, 2010

Someone like Warren is a shock to that system. She unabashedly sides with consumers. She hates fine print and contracts with “gotcha” clauses. She wants to eliminate predatory loans. And she thinks that it’s okay for bank profits to be crimped in service of a level playing field between borrowers and their lenders. In other words, she is Jamie Dimon’s nightmare.

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Greek Banks’ Struggle to Make Profits May Trigger Credit-Rating Cut at S&P

March 19, 2010

By Niklas Magnusson March 19 (Bloomberg) — Profitability at Greece’s largest banks may be “challenging” in coming years as the country’s economy deteriorates, which may trigger a cut of the lenders’ credit ratings, Standard & Poor’s said. National Bank of Greece SA , the nation’s biggest lender, reported a net loss of 87 million euros ($118 million) in the three months through December as provisions for bad loans soared amid a 2.5 percent slump in gross domestic product . EFG Eurobank Ergasias SA said net income in the period slid 77 percent from the previous quarter, while Alpha Bank SA had its lowest profit in a year and Piraeus Bank SA reported a loss. “We’re looking at a pretty negative economic environment for the next couple of years, with a sharper recession in 2010 and still negative GDP growth in 2011,” Angela Cruz , a director at S&P’s financial institutions team in Madrid, said by phone yesterday. “We expect a protracted recovery thereafter with below-potential growth, which is a very different scenario to what the Greek banks have been used to in the previous decade.” Earnings at Greek banks may suffer as government measures aimed at slashing a fiscal deficit that reached 12.7 percent of GDP in 2009 curb loan demand and drive up defaults. S&P on March 16 cut its view of the strength of Greece’s banking system to 5 from 4 on a scale of 1 to 10, where 1 is the highest mark. That put Greece on par with countries such as Bahrain, Brazil, Kuwait, Oman and South Africa. ‘Higher Credit Costs’ “We expect funding costs to remain higher than in the past,” Cruz said. “It may coincide in time with a part of the cycle where banks are going through low growth and low business volumes, and higher credit costs because the credit cycle is not yet finished, and such a combination of pressure from different sides could present challenges for profitability in our view.” Greek banks won’t have trouble raising funds this year amid slower loan growth, Cristina Torrella , a director at the financial institutions team at Fitch Ratings in Spain, said in a March 16 interview. Fitch on Feb. 23 reduced the long-term issuer default ratings of Eurobank , National Bank, Alpha and Piraeus one step to BBB from BBB+, with a negative outlook. S&P on Dec. 17 cut its long-term credit ratings on Eurobank and Alpha one step to BBB, the second-lowest investment grade rating, from BBB+. The firm has a BBB+ recommendation on National Bank, and a BBB rating on Piraeus , as well as a short- term rating of A-2 on all four lenders. The outlook for all the ratings is negative. Loan-Loss Provisions “If credit losses were to exceed our expectations and rise more meaningfully than what we currently anticipate, or if there is a combination with a scenario where we see more pressure on profitability than what we have anticipated, we may lower our ratings,” Cruz said. Any significantly eroded earnings generation may also trigger downgrades, she added. Loan-loss provisions at National Bank of 323 million euros in the fourth quarter exceeded the average analyst estimate of 277 million euros in a Bloomberg News survey. Impairment losses at Alpha Bank ’s Greek operations swelled 28 percent to 513.6 million euros last year. At Eurobank, 2009 loan losses in Greece totaled 725 million euros. To contact the reporter on this story: Niklas Magnusson in Stockholm at nmagnusson1@bloomberg.net

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Altisource Announces Acquisition of The Mortgage Partnership of America, L.L.C.

February 12, 2010

LUXEMBOURG, Feb. 12, 2010 (GLOBE NEWSWIRE) — Altisource Portfolio Solutions (Nasdaq:ASPS) announced today the acquisition of The Mortgage Partnership of America, L.L.C. (MPA). MPA serves as the manager of the Lenders One Mortgage Cooperative (Lenders One), a national alliance of mortgage bankers established in 2000 that consists of more than 155 members that originated more than $75 billion in mortgage loans during 2009.

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Commercial Real Estate News: BofA's Real-Estate Banking Profits …

January 13, 2010

Year of Reckoning for Commercial Lenders in Europe? (WSJ): Opportunistic investors are hoping that 2010 will be the year that European lenders begin biting the bullet and accepting losses to get distressed commercial real – estate assets …

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Morgan Stanley to Transfer Five San Francisco Office Buildings to Lenders

December 16, 2009

By Dan Levy Dec. 16 (Bloomberg) — Morgan Stanley , the second-largest U.S. securities firm, will transfer five San Francisco office buildings it holds in a real estate fund to the lenders on the properties. The bank has been negotiating an “orderly transfer” of the properties since earlier this year, Alyson Barnes , a Morgan Stanley spokeswoman, said today in a phone interview. She declined to name the lenders. The buildings are held by Morgan Stanley’s MSREF V US Fund, she said. “This isn’t a default or foreclosure situation,” Barnes said. “We are going to give them the properties to get out of the loan obligation.” U.S. commercial real estate prices have dropped 42.9 percent from October 2007’s peak, Moody’s Investors Service said last month. Commercial mortgage defaults more than doubled in the third quarter from a year earlier as vacancies rose, according to Real Estate Econometrics LLC. Morgan Stanley acquired the buildings from Blackstone Group LP in May 2007. Blackstone, based in New York, picked up the properties in its $39 billion buyout of Equity Office Properties earlier that year. New York-based Morgan Stanley was the biggest property investor among Wall Street firms at the time of its San Francisco purchase. The bank will continue to own five other office buildings in the city that it acquired from Blackstone, Barnes said. San Francisco office rents fell 37 percent in the third quarter from a year earlier, the biggest decline since 2001, as companies cut jobs, Colliers International said. To contact the reporter on this story: Dan Levy in San Francisco at dlevy13@bloomberg.net

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Video: Cohan Says Fed Focus on Bank Capital a `Good Thing’: Video

November 20, 2009

Nov. 20 (Bloomberg) — William Cohan, author of “House of Cards” and a Bloomberg Television contributing editor, talks with Bloomberg’s Erik Schatzker about the Federal Reserve’s scrutiny of the biggest U.S. banks to ensure the lenders can withstand a reversal of soaring global-asset prices. Cohan also discusses the Fed’s regulatory authority and bank bonuses. (Source: Bloomberg)

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Bear Stearns Juror Says U.S. Case So Weak She Would Invest With Defendants

November 10, 2009

By Patricia Hurtado and Thom Weidlich Nov. 10 (Bloomberg) — Prosecutors missed the mark so widely in the fraud trial of Bear Stearns Cos. hedge fund managers Ralph Cioffi and Matthew Tannin that a juror said after their acquittal she would invest with them if she had the money. The panel of eight women and four men who spent the past month hearing testimony in the case took only nine hours to find them not guilty on all six counts. During interviews after the verdict today, several jurors said the government failed to prove they defrauded investors who lost $1.6 billion in the two hedge funds run by the men — both of which were mostly made up of subprime mortgage-backed securities. The funds collapsed in 2007, as did Bear Stearns itself less than a year later. The defendants, according to juror Seraphaine Stimpson, were made “scapegoats for Wall Street.” Cioffi, 53, the portfolio manager for the two funds, and Tannin, 48, their chief operating officer, went on trial Oct. 13 in federal court in Brooklyn, New York, on charges of conspiracy, securities and wire fraud. Each faced as many as 20 years in prison if convicted. Their two funds failed when prices for collateralized debt obligations linked to home loans fell amid rising late payments by borrowers with poor credit or heavy debt. Bear Stearns was purchased the next year by JPMorgan Chase & Co. The government alleged Cioffi and Tannin continued to seek investors in their funds after they learned they were financially unsound. Stimpson said she came into the trial thinking both Cioffi and Tannin were guilty of the fraud, insider-trading and conspiracy charges. She said she began to have second thoughts as the testimony progressed and defense lawyers “tore the government witnesses apart.” ‘Weren’t 100 Percent’ “We just weren’t 100 percent convinced,” said Stimpson, 27, an office coordinator at Brooklyn College. “As the witnesses began to testify, I had my doubts.” Key parts of the government’s case relied on e-mails written by the defendants. The men claimed in e-mails and conversations with investors to be adding their own money to the funds in the months before their collapse, the U.S. said. Neither man added any money to the funds, once valued at $20 billion, prosecutors alleged. The defense argued Cioffi and Tannin were innocent of any wrongdoing and had remained honestly optimistic about the funds’ health. E-mails which the men sent were more ambiguous than the government alleged, the lawyers for the two men said. Jenny McCaughey, of Deer Park, on New York’s Long Island, served as the jury forewoman. She said the e-mails presented by the government as evidence cut both ways. “They said one thing and another thing,” McCaughey said. “The government didn’t give us enough evidence to go on.” ‘24-7’ Aram Hong, a juror from Woodside, Queens, said the exchanges between Cioffi and Tannin shown to the jury proved to her that the two men were working “24-7” to save the funds in the months before they collapsed. She noted a defense exhibit that showed the fund managers were working at 4 a.m. “If this was really a fraud case, they wouldn’t have worked that hard,” said Hong, 27, a food and beverage director at the Iroquois Hotel in midtown Manhattan, adding that she would invest with the two men if she had money. Hong said another e-mail showed the defendants looking at all the elements of the market, not just the negative. She said they “took the time to compare and consider all elements.” Hong said Cioffi and Tannin’s funds failed because of the lenders who stopped extending credit. “At the end of the day, when the lenders said they were backing out, they had no choice,” she said. Brooklyn U.S. Attorney Benton Campbell said he was disappointed with the verdict, “but the jurors have spoken.” Cioffi and Tannin still face Securities and Exchange Commission lawsuit as well as investor litigation. ‘Grateful’ Tannin said in a statement that he is “grateful for the jury’s hard work in weighing all the evidence.” Cioffi’s lawyer Dane Butswinkas said the defendants “appreciate the attention the jury gave the case.” Prosecutors claimed that Cioffi moved $2 million — one- third of his holdings in the funds — to another Bear fund which he supervised. The U.S. alleged that he moved the money in March 2007 to a fund that was still profitable. The government argued Cioffi committed insider trading when he moved the money ahead of investors who lost assets in his funds and while using material, non-public information because of his role as a fund manager. Hong said of Cioffi’s insider trading charge that “if he had taken the money and put it in his own bank account that would be one thing, but it went to a Bear fund which he was also a portfolio manager over. I just don’t think you can blame him for that.” Another juror, Ryan Goolsby of Williamsburg, Brooklyn, agreed, concluding that the government didn’t sufficiently prove any of its allegations. “We never found anything beyond a reasonable doubt,” Goolsby said. The case is U.S. v. Cioffi, 08-CR-00415, U.S. District Court for the Eastern District of New York (Brooklyn). To contact the reporters on this story: Patricia Hurtado in U.S. District Court for the Eastern District of New York in Brooklyn at pathurtado@bloomberg.net and; Thom Weidlich in U.S. District Court for the Eastern District of New York in Brooklyn at tweidlich@bloomberg.net .

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Distressed Commercial Real Estate Mortgages New Jersey Credit Debt …

November 9, 2009

Distress among commercial real estate mortgages in New Jersey is intensifying, with more properties in the state going back to the lenders. Some industry insiders say a crisis may be in the works if the economy continues to falter. …

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Mortgagee rulings twist the knife

November 7, 2009

and what the bank managed to claw back from the sale. To rub salt into the wound, that debt may even include the costs incurred by the bank in selling the home. Little surprise, then, that some owners are complaining that the lenders haven’t tried hard

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Bondholders Extract Revenge on Fee-Hungry Bankers: David Reilly

November 5, 2009

Commentary by David Reilly Nov. 6 (Bloomberg) — Companies in dire straits often roll the dice in a bid to stave off bankruptcy. The problem is that last-ditch efforts to raise new funds or restructure often come at the expense of bondholders. Struggling companies, their advisers and lenders should think twice about such strategies after an almost $700 million judgment last month against Citigroup Inc. , Bank of America Corp. , Wells Fargo & Co. and other lenders, in connection with the bankruptcy of homebuilder Tousa Inc. With bankruptcies rising, the decision may push creditors in other cases — those of Tribune Co., Lyondell Chemical Co. and CIT Group Inc., for example — to pursue more aggressively what are called fraudulent conveyance claims. The Tousa case has caused the legal and bankruptcy communities to sit up and take notice because fraudulent conveyance claims rarely result in a sizeable judgment. Such claims seek to claw back money for a bankrupt entity by claiming a transaction was fraudulent because, while insolvent, it had transferred funds or assets without receiving something of equivalent value. Fraudulent conveyance claims are usually settled or fizzle because they face a tough road at trial, essentially requiring a bankruptcy judge to play Monday-morning quarterback. The Tousa case has turned that thinking on its head. “This case will undoubtedly embolden people in other cases, like Tribune,” said Douglas Baird , a University of Chicago law professor. Tribune Creditors Creditors of Tribune have alleged that fraudulent transfers took place as part of that company’s $8.3 billion going-private buyout. Tribune Chairman and Chief Executive Officer Sam Zell has denied the allegations, telling Bloomberg News, “In this particular case, I don’t think it’s valid, but ultimately it becomes a basis for negotiations.” Baird said the Tousa decision will make such negotiations tougher. “I can go back to a lender and say that there’s a serious fraudulent conveyance risk here, and they’d say those claims never get anywhere,” Baird said. “If I say that someone just got tagged to the tune of half a billion dollars, this becomes a real risk.” The Tousa decision also offers a window to some behavior that marked deal-making in the waning days of the credit and housing bubbles. One example: AlixPartners LLP, the firm issuing a solvency opinion for Tousa, was to receive $2 million for a favorable opinion, and less than half that for an adverse one. Guess how that worked out. Citigroup, Wells Fargo Banks such as Citigroup, Bank of America and Wells Fargo, as well as other lenders, are appealing the Tousa decision. Last week, U.S. Bankruptcy Judge John K. Olson ordered them to post bonds of about $700 million while pursuing the appeals. Tousa is a Hollywood, Florida-based homebuilder that expanded earlier this decade through a series of acquisitions, taking on $1 billion in debt. In 2005 the company entered into a joint venture to buy Transeastern Properties Inc. ’s homebuilding business. Tousa issued unsecured guarantees related to more than $500 million in borrowing by the venture, which quickly ran into trouble. Tousa faced claims due to its guarantees and in January 2007 agreed to pay more than $421 million. Tousa didn’t have that kind of cash, though, and its business was rapidly souring as the housing meltdown began. Secured Debt To finance the settlement, Tousa issued $500 million in new, secured debt on July 31, 2007. This was secured by Tousa subsidiaries that weren’t at risk from the failed joint venture. Those units were home to most of the company’s assets, meaning claims from the new lenders would compete with those of existing bondholders. Six months later, in January 2008, Tousa filed for bankruptcy. The company’s existing bondholders cried foul. They claimed the 2007 financing had fraudulently transferred value from the subsidiaries, which didn’t see any money from the deal and weren’t on the hook for the joint venture’s failure. The bondholders also argued that the subsidiaries were insolvent both before and after the new round of financing. Judge Olson agreed. His decision noted that banks and other lenders involved ignored ample evidence in early 2007 that Tousa was in bad shape and that taking on more debt wouldn’t benefit the company. He also found that: Layers of Fees — Those involved with the financing had big incentives to get the deal done, no matter the risks. Half the chief executive’s target incentive bonus of $4.5 million was contingent on the deal’s completion. So too was a $3.5 million fee for the company’s investment bankers, Lehman Brothers Holdings Inc. , along with a $2.9 million financing fee. And Citigroup “saw the proposed new financing as a highly attractive opportunity for fees,” the judge wrote. It ultimately collected $15 million. — Citigroup bankers arranging the financing knew early on that Tousa was in trouble. The judge noted that after looking over financial models for Tousa, a Citigroup banker wrote in an e-mail, “I don’t think the downside model should be shown to anyone outside of here. It’s too scary.” — The company’s board was warned in a letter from Capital Research and Management Company, an investor in Tousa’s existing bonds, that the new financing could put Tousa into the “zone of insolvency” and that it might be a “fraudulent transfer.” — Some lenders swallowed whatever management fed them, failing to question housing -market forecasts. That failure, Olson wrote, “was the result of either gross negligence or a willful decision — motivated by a desire to generate fee income — to turn a blind eye toward the obvious reality that Tousa was in a death spiral.” Now, Tousa’s bondholders have rightfully gotten some revenge, while fee-hungry bankers and lazy lenders have been warned. ( David Reilly is a Bloomberg News columnist. The opinions expressed are his own.) Click on “Send Comment” in the sidebar display to send a letter to the editor. To contact the writer of this column: David Reilly at dreilly14@bloomberg.net

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Retailers `Dodge Bullet’ as CIT’s Bankruptcy Filing Hits Close to Holidays

November 3, 2009

By Allison Abell Schwartz Nov. 3 (Bloomberg) — The timing of CIT Group Inc. ’s bankruptcy filing may have helped U.S. retailers avoid a holiday season with empty shelves. “Most retailers have dodged a bullet,” said Craig Shearman , a spokesman for the National Retail Federation. “Most of the merchandise for the holiday season is at least in retailers’ distribution centers, if not already on the store shelves, and we’re not expecting to see any significant disruption for the remainder of the season.” CIT, a 101-year-old commercial lender, filed for bankruptcy Nov. 1 to cut $10 billion in debt after the credit crunch dried up its funding and a U.S. bailout and debt exchange offer failed. CIT said it plans to exit bankruptcy next month after bondholders voted in favor of a so-called prepackaged plan. Operations will proceed as normal, CIT said in a statement. CIT provides short-term financing, also known as factoring, to customers that manufacture and supply merchandise to U.S. retailers. The New York-based company accounts for about 70 percent of all factoring, worth about $40 billion a year, according to Ray Ecke , president of Credit Management Resource in Oakland, New Jersey. “As long as vendors are using CIT to factor their receivables, we will pay CIT for the merchandise,” said John Kyees , chief financial officer of Philadelphia-based retailer Urban Outfitters Inc. Urban Outfitters rose 82 cents, or 2.6 percent, to $32.20 yesterday in Nasdaq Stock Market trading. Short-Term Financing The National Retail Federation, or NRF, is “optimistic” about CIT’s ability to continue to provide short-term financing, said Shearman, a spokesman for the Washington-based trade group. January is a merchandise-clearance month. That offers a buffer zone for vendors and retailers, and gives time for other lenders to step forward, the group said on its Web site. San Francisco-based Wells Fargo & Co. , the largest U.S. home lender, also provides factoring services. “I assume that some of the factoring has already shifted to Wells Fargo,” Kyees said. “So the invoices we receive from our vendors will instruct us to pay Wells Fargo, and we will comply.” CIT failed to receive federal guarantees for its bonds in July, causing concern about whether it would be able to continue to provide funding to its clients. In September, the lender asked its bondholders to swap unsecured notes for new secured debt or shares or a combination of the two. It also asked its bondholders and other owners of its debt to approve a prepackaged reorganization plan. The restructuring plan started Oct. 1. “If CIT had stopped lending in September, it could’ve blown a hole in the retail supply chain big enough for Santa Claus to drive his sleigh through,” Shearman said. Merchandise Flow Several retailers said they are operating business as usual and don’t expect any interruption in their merchandise flow. “There shouldn’t be an issue,” said Robert LaPenta Jr., treasurer of Burlington Coat Factory Investments Holdings Inc. “They’ve supported us, they’ve continued to fund most of the vendors like they have in prior seasons. They made sure there was plenty of liquidity in that division.” Some vendors relying on CIT to collect their cash had expressed concern in recent weeks about a filing leaving them shorthanded, LaPenta said. “There was some minor noise, but it really didn’t move the needle much,” he said yesterday in a telephone interview. The Burlington, New Jersey-based retailer operates 442 stores. Dunkin’ Brands Inc., the Canton, Massachusetts-based owner of the Dunkin Donuts and Baskin-Robbins chains, doesn’t expect the CIT filing to affect its stores. CIT is one of the lenders used by Dunkin’ Brands franchisees seeking loans to remodel their stores. Meet Customers’ Demand “CIT’s bankruptcy filing in no way affects our stores, their ability to grow or our ability to meet consumer demand,” said Andrew Mastrangelo , a spokesman for the company. The only possible impact on the holidays from CIT’s filing could be with restocking, Shearman said. “At this point, it is unclear what impact CIT’s situation may have, if any, on our vendors or other partners,” Eric Hausman , a spokesman for Minneapolis-based retailer Target Corp. , said yesterday in an e-mail. “But we are continuing to monitor the situation to assess any potential impact to Target.” CIT will continue to provide funding to its small business and middle-market customers, Chief Executive Officer Jeffrey Peek said Nov. 1 in a statement. CIT has $1 billion from investor Carl Icahn to fund operations while it reorganizes. None of CIT’s operating subsidiaries were included in the bankruptcy filing. “We’ll continue to monitor the situation,” Ginger Reeder , a spokeswoman for Neiman Marcus Group Inc. in Dallas, said yesterday in an e-mail. The case is In re CIT Group Inc., 09-16565, U.S. Bankruptcy Court for the Southern District of New York (Manhattan). To contact the reporter on this story: Allison Abell Schwartz in New York at aabell@bloomberg.net .

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Judges Siding With Some Homeowners In Mortgage Court Fights

October 24, 2009

FOR decades, when troubled homeowners and banks battled over delinquent mortgages, it wasn’t a contest. Homes went into foreclosure, and lenders took control of the property. On top of that, courts rubber-stamped the array of foreclosure charges that lenders heaped onto borrowers and took banks at their word when the lenders said they owned the mortgage notes underlying troubled properties.

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Video: In-Depth Look – Toxic Loans Still Plaguing Banks

August 14, 2009

2009 So Far – 72 Lenders Have Failed, The Most Since 1992 (Bloomberg News)

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UPDATE 1-Bayview Mortgage Capital files for IPO

July 27, 2009

to raise up to $500 million in an initial public offering, aiming to use the money to buy distressed real estate loans from banks and other lenders and investors.

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Obama Admin Plans To Sell Car Shares As Soon As It Can

July 27, 2009

DETROIT — The Obama administration plans to sell its shares in General Motors Co. and Chrysler Group LLC as soon as it can, the head of the autos task force told a congressional panel Monday. Ron Bloom, now chairman of the Treasury Department task force overseeing GM and Chrysler, told a panel overseeing auto industry bailout money that the government would not sell all of its shares at initial public offerings that likely will come next year. The U.S

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Allen-Vanguard announces agreement with its Lenders

July 27, 2009

Allen-Vanguard announces agreement with its Lenders

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Allen-Vanguard announces agreement with its Lenders

July 27, 2009

Allen-Vanguard announces agreement with its Lenders

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