Friday, December 21, 2007

Subprime disaster: Lenders, borrowers face new requirements

The turmoil over subprime mortgages has led to a slew of legislation at the federal and state levels, and a sense that the troubled market is rippling into other sectors of the economy.

This month President Bush unveiled a plan with the mortgage industry that would freeze resets on adjustable rates for certain subprime mortgages and try to direct some homeowners into federally secured loans. It would help up to 1.2 million, Bush said.

Some critics say the effort doesn't go far enough, given the losses of large financial institutions that hold devalued subprime loans in their portfolios.

"It's already getting bad when you have writeoffs of your institutions that are totaling in the billions," said William M. Mooney Jr., president of the Westchester County Association, a business advocacy group.

"This is pretty serious stuff. I think the government has a responsibility to step in at a time like this. It doesn't sound to me like they're doing enough. Twenty years ago I would have said, 'Don't fool with this thing.' In today's paradigm, I'd say you have to. That's what a government is for."

Mooney said he is seeing other spillovers. Homeowners who want to sell houses are having a harder time doing so. And those who want to borrow via home-equity loans for holiday spending are finding it's tougher because of reduced house values.

Tighter credit standards slow business deals as well, Mooney said.

"Now the local banker is going to be a little more tough on lending money than he was last year," he said.

Observers of the real estate market in the Lower Hudson Valley say it is shaping up to be tougher for both homebuyers and the people who want to broker loans for them.

For people with less than perfect credit, the days of obtaining 100 percent financing on mortgages without income verification are largely over, they said. Financing is still available for borrowers with good credit, they said, although deals are taking longer.

"But again, they're getting done," said Drew Kessler, area sales manager for Rand Mortgage in New City. "We're definitely in an environment when time heals all and cures all."

For mortgage brokers, a more complex future looms.

A raft of legislation at the federal and state levels is seeking to prevent a recurrence of the conditions that have led to sharp increases in mortgage delinquencies and foreclosures across the nation.

One common denominator in many of the bills is greater regulation of the mortgage broker industry. Critics have accused brokers of recklessly drawing consumers into loans they couldn't afford in the interest of obtaining the higher commissions that subprime mortgages commanded.

"They clearly were steering people into the subprime market who couldn't afford to be there in the first place, or in any mortgage market," said state Sen. Jeffrey Klein, D-Bronx, whose district includes portions of southern Westchester.

Klein has introduced a bill that calls for mandatory consumer education for borrowers using subprime mortgages. The bill also calls for a fiduciary responsibility between brokers and consumers.

"When someone sits down with a mortgage broker, they should be able to breathe easy that that person has their best interests in mind and is going to put them into a mortgage that they can afford," Klein said. "I think that's key."

Gov. Eliot Spitzer last month directed his staff to work with lenders, consumer advocates and the Legislature, spokeswoman Christine Pritchard said. Among the goals was legislation that would require more in-depth evaluation of the borrowers' ability to pay and would clarify mortgage brokers' duties to borrowers, she said.

Fenton Soliz of Mortgage Experts Inc. of White Plains said he expects that bonding requirements and net-worth minimums for mortgage brokerages in the state will be pegged higher. Brokerages already must be licensed and bonded in this state.

The question of how the state would define the brokers' fiduciary responsibility to consumers is a concern to him. The bonding requirement in New York already serves as a powerful deterrent to misbehavior, Soliz said, because the inability to get bonded would put a brokerage out of business.

That lenders were willing to offer loans for 100 percent of the cost of homes, and without income verification, is overlooked when blame is being assigned to the mortgage brokers, Soliz said.

"This industry has been used as a scapegoat. They provided the liquidity. They provided the securities," he said. "If you don't have the product to sell, you couldn't have sold it."

For homeowners wondering about the future, panic is the emotion to avoid, said Kenneth Polin of Banner Mortgage Group in Scarsdale. The value of most people's homes in the region has not fallen dramatically, he said. The region has special market appeals, such as its proximity to New York City and well-regarded school systems.

"This is not like some area of the country where prices have dropped by 25 percent or more," Polin said.

But it is harder now for first-time homebuyers to enter the market, he added.

"I'm not saying people have to put 20 percent down. But certainly the days of putting nothing down are gone," he said.

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Subprime disaster: Lenders, borrowers face new requirements

The turmoil over subprime mortgages has led to a slew of legislation at the federal and state levels, and a sense that the troubled market is rippling into other sectors of the economy.

This month President Bush unveiled a plan with the mortgage industry that would freeze resets on adjustable rates for certain subprime mortgages and try to direct some homeowners into federally secured loans. It would help up to 1.2 million, Bush said.

Some critics say the effort doesn't go far enough, given the losses of large financial institutions that hold devalued subprime loans in their portfolios.

"It's already getting bad when you have writeoffs of your institutions that are totaling in the billions," said William M. Mooney Jr., president of the Westchester County Association, a business advocacy group.

"This is pretty serious stuff. I think the government has a responsibility to step in at a time like this. It doesn't sound to me like they're doing enough. Twenty years ago I would have said, 'Don't fool with this thing.' In today's paradigm, I'd say you have to. That's what a government is for."

Mooney said he is seeing other spillovers. Homeowners who want to sell houses are having a harder time doing so. And those who want to borrow via home-equity loans for holiday spending are finding it's tougher because of reduced house values.

Tighter credit standards slow business deals as well, Mooney said.

"Now the local banker is going to be a little more tough on lending money than he was last year," he said.

Observers of the real estate market in the Lower Hudson Valley say it is shaping up to be tougher for both homebuyers and the people who want to broker loans for them.

For people with less than perfect credit, the days of obtaining 100 percent financing on mortgages without income verification are largely over, they said. Financing is still available for borrowers with good credit, they said, although deals are taking longer.

"But again, they're getting done," said Drew Kessler, area sales manager for Rand Mortgage in New City. "We're definitely in an environment when time heals all and cures all."

For mortgage brokers, a more complex future looms.

A raft of legislation at the federal and state levels is seeking to prevent a recurrence of the conditions that have led to sharp increases in mortgage delinquencies and foreclosures across the nation.

One common denominator in many of the bills is greater regulation of the mortgage broker industry. Critics have accused brokers of recklessly drawing consumers into loans they couldn't afford in the interest of obtaining the higher commissions that subprime mortgages commanded.

"They clearly were steering people into the subprime market who couldn't afford to be there in the first place, or in any mortgage market," said state Sen. Jeffrey Klein, D-Bronx, whose district includes portions of southern Westchester.

Klein has introduced a bill that calls for mandatory consumer education for borrowers using subprime mortgages. The bill also calls for a fiduciary responsibility between brokers and consumers.

"When someone sits down with a mortgage broker, they should be able to breathe easy that that person has their best interests in mind and is going to put them into a mortgage that they can afford," Klein said. "I think that's key."

Gov. Eliot Spitzer last month directed his staff to work with lenders, consumer advocates and the Legislature, spokeswoman Christine Pritchard said. Among the goals was legislation that would require more in-depth evaluation of the borrowers' ability to pay and would clarify mortgage brokers' duties to borrowers, she said.

Fenton Soliz of Mortgage Experts Inc. of White Plains said he expects that bonding requirements and net-worth minimums for mortgage brokerages in the state will be pegged higher. Brokerages already must be licensed and bonded in this state.

The question of how the state would define the brokers' fiduciary responsibility to consumers is a concern to him. The bonding requirement in New York already serves as a powerful deterrent to misbehavior, Soliz said, because the inability to get bonded would put a brokerage out of business.

That lenders were willing to offer loans for 100 percent of the cost of homes, and without income verification, is overlooked when blame is being assigned to the mortgage brokers, Soliz said.

"This industry has been used as a scapegoat. They provided the liquidity. They provided the securities," he said. "If you don't have the product to sell, you couldn't have sold it."

For homeowners wondering about the future, panic is the emotion to avoid, said Kenneth Polin of Banner Mortgage Group in Scarsdale. The value of most people's homes in the region has not fallen dramatically, he said. The region has special market appeals, such as its proximity to New York City and well-regarded school systems.

"This is not like some area of the country where prices have dropped by 25 percent or more," Polin said.

But it is harder now for first-time homebuyers to enter the market, he added.

"I'm not saying people have to put 20 percent down. But certainly the days of putting nothing down are gone," he said.

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Thiells housing project delayed a year

THIELLS - WCI Communities, developer of a 500-unit housing complex planned for the former Letchworth Village site, has decided to delay the Encore Palisades project.

The developer recently sent letters to prospective buyers of the housing complex, notifying them of the company's decision to postpone the project until next fall, town officials said.

Supervisor Howard Phillips said he had scheduled a meeting with the developer for Dec. 26 to discuss the company's intentions.

The 160-acre parcel is owned by the town, and the town hasn't closed the land sale with the developer.

Read more about this story tomorrow in The Journal News.

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Builder delays Thiells housing complex

THIELLS - WCI Communities, developer of a 500-unit housing complex planned for the former Letchworth Village site, has decided to delay the Encore Palisades project, Haverstraw town officials said.

Supervisor Howard Phillips said the developer had recently sent letters to prospective homebuyers, notifying them of the company's decision to postpone the project until the fall of 2008.

Phillips said the declining real estate market had prompted the developer's decision and that he expected to hold a meeting with the developer next week to discuss the company's plans.

Gabe Pasquale, vice president and chief marketing officer for WCI Communities Northeast U.S. division, did not return messages left on his answering machine yesterday.

Town meetings to discuss the 55-and-older housing plan had attracted hundreds of people who wanted to downsize from their single-family homes to townhouses or condominiums.

Maureen Corallo, a longtime resident and senior coordinator of the town, said that although she and her husband did not plan to buy a unit at the complex, she knew neighbors who wanted to buy units, after selling their current houses. But because of the weak real estate market, they would have to rethink their plan.

"It's a very tough market out there," Corallo said. "It's a terrible situation. I feel sorry for the people that really counted on it."

The town owns the 163-acre parcel and has been expecting to sell it to the developer, but the deal hasn't been closed yet.

Phillips said that upon closing the deal, the town would receive $35 million from WCI. He said the money would be used to offset payments to Mirant Corp.

The energy company successfully sued taxing jurisdictions in north Rockland and received refunds for overpaid taxes on its Bowline plant in Haverstraw and Lovett generating station in Stony Point. This year, the town issued bonds to pay about $26.9 million to Mirant and the county, which had paid Mirant's portion of the taxes to the town, as required by state law, for the years the company refused to pay taxes during the litigation.

Phillips said the bond payment for 2008 would be about $2 million. He said the town had built up a $6 million tax stabilization fund and a $2 million reserve, so the 2008 bond payment would be made from the reserve fund.

"We prepared. We were not going to allow this to happen without being covered," Phillips said. "We're covered for 2008. We'll have to see what happens in 2009."

Phillips said he had expected the deal to be closed in early November, but because the developer was still waiting for all the necessary information from the state and the county, the plat - a map showing actual features of the development, including roads and easements - was not filed.

Steven Silverberg, an attorney for the town's planning and zoning boards, said the developer would be required to close the deal within 30 days from its filing of the plat with the county.

The developer announced in the summer that it expected to break ground "later this year." The announcement was followed by the opening of its sales office off Willow Grove Road. The office gave prospective buyers opportunities to see site models and to communicate with the company representatives.

Eric Rounds, director of sales at the Willow Grove Road office, said yesterday that he was the only one left because the company had already reassigned the office's employees to other locations. He said he was expecting the sales office to be closed at the end of this week.

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18 apartment towers part of Yonkers' dream for revived waterfront

YONKERS - The latest vision for a revived Yonkers calls for 18 apartment towers ranging from 12 to 30 stories rising from the city's Hudson River bank.

The city's new Alexander Street Master Plan, unveiled last night, calls for 3,700 apartment units and 13 acres of new parkland, much of it along a waterfront esplanade. It would transform a 112-acre area that is largely inhabited by aging industrial buildings, the best known of which is a big blue cube that once housed BICC's cable-making operations and more recently was used by moviemakers as a sound stage.

"We've talked about redeveloping our old industrial downtown and waterfront for a generation, maybe more," Mayor Phil Amicone said last night after the plan's presentation to the city's Community Development Agency. "This is the first real step toward actually doing that."

The site is narrow, squeezed between the Metro-North Railroad tracks and the Hudson River. The area stretches up to JFK Marina and Trevor Park, where some recreation improvements also would take place.

"I'm very disappointed that they are talking about such tall buildings and such limited green space," said Deirdre Hoare of the Community First Development Coalition, a local group that advocates for open space and smaller-scale developments.

The plan, estimated to cost $2.3 billion, calls for 210,000 square feet of retail space and 213,500 square feet of office space. It specifically excludes big-box stores, which planners say would not be appropriate along the waterfront and would jam the area and nearby streets with traffic.

The plan also calls for marinas and kayak launches that would create 1,600 permanent new jobs on the site and would include a new access road to the waterfront at Point Street. It would also include a causeway connecting the JFK Marina with the southern portion of the development.

Some of the housing would be contained in a series of three- and four-story buildings typical of many of the city's older neighborhoods. The plan also calls for a lot of parking: 6,800 spaces, mostly in garages, and 480 spaces of on-street parking.

Unlike some other recent development plans, such as the SFC River Park Center next to City Hall and the Ridge Hill project off the New York State Thruway, the Alexander Street Master Plan contains no detailed plans for its apartment buildings, shops and parks. City officials envision different developers building portions of the site. At least three are expected to compete: Struever Fidelco Cappelli, REMI Cos. and Homes for America.

Last night's presentation started a 60-day clock for public comment on the master plan and its environmental impact statement.

State law calls for a comment period of at least 30 days, which the city decided to double for this project. James Slaughter, an official of the environmental group Scenic Hudson, said the review should be even longer.

"Because it is such a momentous project and it will certainly put a stamp for the next 50 to 100 years (on) Yonkers, they should consider extending at least another 30 days to allow for the maximum amount of participation by the citizens of Yonkers," he said.

Although the housing industry has been hurt by trouble in the home-loan industry, planners and city officials said they believed the Alexander Street development had many advantages that would allow it to withstand those problems, as long as the project is not unduly delayed. Those benefits include spectacular views of the Hudson River and the Palisades; access to two Metro-North stations, in downtown Yonkers and Glenwood; and proximity to newly rebuilt portions of the downtown.

Protecting the river views is one of the key concerns of environmental groups such as Scenic Hudson. That group successfully opposed a 1988 plan to build six 38-story apartment towers on the Yonkers waterfront.

Although the site is home to about 1,025 full-time jobs, city officials say the area is blighted, blocks public access to the Hudson River and is "underperforming." It produces $1.4 million in tax revenue, about one-fifth of what is produced by the nearby Collins residential development, which includes 266 apartment units and 294 others under construction. That development was produced by a similar master plan in the 1990s.

Planners considered and rejected series of alternatives for the Alexander Street area, such as turning the bulk of the industrial site into a 53-area park or building fewer units, before concluding each would be too expensive. Part of that cost would come from an extensive environmental cleanup that is expected to be necessary.

What's more, since most of the waterfront was created by filling in the Hudson River, piling would need to be sunk deep below ground to support structures, planners said, further adding to development costs.

Although mostly industrial, the site now includes 20 apartment units.

Of the 1,025 jobs in the area, some were already scheduled to move, and the city hopes to keep some of the others in Yonkers.

Sixty jobs at Greyston Bakery would remain in their current location. About 250 jobs at a Metropolitan Transportation Authority bus depot are moving to the Bronx, and 270 workers with the Westchester County Department of Social Services are moving to another site in downtown Yonkers.

The city is seeking new locations in Yonkers for Excelsior Transparent Bag, which employs 185 people, and Altman Lighting, which has 140 workers, Amicone said.

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