href='mailto:Headlines@abiworld.org?subject=Subscribe me to the ABI
Headlines Direct'>
src='/AM/Images/headlines/headline.gif'>
September 11,
2007
Mortgage
Lending
name='1'>Congressmen Look to FHA, GSE’s to Help Solve Subprime
Crisis
Limits on loans insured
by the Federal Housing Administration (FHA) would increase under a
proposal by House Financial Services Chairman Barney Frank (D-Mass.) to
help buoy the mortgage market in the wake of the subprime
turmoil,
size='3'>CongressDaily reported today. Frank
said that he is working with Rep. Gary Miller (R-Calif.) to boost the
FHA loan limits beyond what is called for in legislation that was
approved by his panel in May. Under the measure, the FHA loan limit for
single-family homes would be raised from $362,000 to $417,000, the
current level for government-sponsored enterprises Fannie Mae and
Freddie Mac. Frank is preparing an amendment to raise it possibly up to
$500,000 and allow the HUD secretary the discretion to bump up that
level during periods of crisis in the home-mortgage market.
Additionally, Sen. Charles Schumer (D-N.Y.) has introduced legislation
that would raise the GSE loan limit in 11 high-cost areas by up to 50
percent. Schumer said that the GSE loan limits need to be raised for
some areas because median home prices there are above the current level.
The bill also would raise the GSE portfolio caps by 10 percent as well,
with 50 percent of the proceeds from that business devoted to
refinancing loans for subprime customers who are candidates for prime
loans. Both provisions would be in effect for a year. In a letter to
Schumer released Monday, Office of Federal Housing Enterprise Oversight
Director James Lockhart said the GSEs have programs that could be
attractive to some subprime borrowers looking to refinance.
href='http://schumer.senate.gov/SchumerWebsite/pressroom/record.cfm?id=282215'>Click
here to read Schumer’s press release.
name='2'>Fed Officials See Threat in Housing
Turmoil
Three senior Federal
Reserve officials said yesterday that the turmoil in housing and
mortgage lending had begun to threaten the overall economy, a condition
policy makers have said is the crucial test for deciding whether to
lower interest rates at their meeting next Tuesday, the
face='Times New Roman' size='3'>New York Times
size='3'>reported today. In unusually direct language for a Fed policy
maker, Frederic S. Mishkin said the inflation pressures had become less
of a problem — a judgment that, if embraced by other Fed
officials, would remove a major argument against lowering interest
rates. Janet L. Yellen, president of the Federal Reserve Bank of
size='3'>San Francisco
predicted that the housing decline would probably continue and would
impose “significant downward pressure” on consumer spending.
Dennis P. Lockhart, president of the Federal Reserve Bank of
size='3'>Atlanta
that an unexpectedly bleak unemployment report on Friday had made him
more worried about a downturn. Neither Lockhart nor Yellen are currently
voting members of the Federal Open Market Committee, which sets interest
href='http://www.nytimes.com/2007/09/11/business/11fed.html?_r=1&oref=slogin&ref=business&pagewanted=print'>Read
more.
name='3'>Mortgage Crisis Unleashes Chain of
Lawsuits
A consortium of investors
is going after the collapsed Bear Stearns hedge funds. Home buyers,
shareholders and investment banks have filed suits against more than a
dozen mortgage lenders, the
size='3'>Washington Post reported today. A
working group at the Securities and Exchange Commission is examining
accounting and disclosure issues, as well as stock sales earlier this
year by executives at companies that since have been ensnared by the
subprime mess. And this is just the beginning, say legal experts
tracking the steady stream of lawsuits. It has only been a few months
since the credit market turmoil began, when home buyers with risky
credit histories -- subprime borrowers -- started defaulting on their
loans in large numbers. There is almost no end to the list of potential
legal targets, analysts say, because so many players share a piece of
the blame for the mortgage meltdown. There are the home buyers who
overstated their income to obtain risky loans, the mortgage lenders that
made the loans and the Wall Street securities firms that repackaged the
loans into tradable securities. There are the credit agencies that
assigned ratings to those hard-to-value securities, the hedge funds and
institutional investors that bought those assets to get an extra boost
in returns and the individuals who invested in those fund
managers.
href='http://www.washingtonpost.com/wp-dyn/content/article/2007/09/10/AR2007091002327_pf.html'>Read
more.
name='4'>New Century Sees Stays Lifted, Settlement
Approved
Though bankrupt mortgage
lender New Century Financial Corp. was able to settle a dispute with
Chase Home Finance LLC and F-Flats LLC over a
w:st='on'>
Vegas
it also saw its protective stay against two other lenders lifted,
Bankruptcy Law360
reported yesterday. Bankruptcy Judge
face='Times New Roman' size='3'>Kevin J. Carey
size='3'>of the U.S. Bankruptcy Court for the District of Delaware
handed down orders agreeing to the Chase and F-Flats settlement and
lifting the stay relating to nine mortgages owned by Aurora Loan
Services LLC and Countrywide Home Loans. The settlement with Chase
resolves a civil action that was pending in the Eighth Judicial District
Court of Nevada for
w:st='on'>
size='3'>Clark
face='Times New Roman'
size='3'>County
Before New Century filed for bankruptcy, Chase had held two notes of
financing against certain properties in
w:st='on'>
Vegas
foreclosed on the property and F-Flats bought it for $48,000 at a
foreclosure sale. Meanwhile, Judge Carey's orders lifting the automatic
stays on nine properties will now allow Aurora and CHL to foreclose on
the mortgages, since the mortgages held by New Century are junior to
their loans.
href='http://bankruptcy.law360.com/Secure/ViewArticle.aspx?id=34385'>Read
more. (Registration required.)
name='5'>Court Rejects $15 Million Loan to First
Magnus
Bankruptcy Judge James M.
Marlar denied mortgage lender First Magnus Financial Corp. from
borrowing $15 million from a Wells Fargo unit, ruling that the loan was
an overly expensive credit,
size='3'>Bankruptcy Law360 reported yesterday.
Overall, the fees were expected to cost First Magnus $3.9 million a
year, according to court documents. Nonetheless, Judge Marlar did
approve a motion on Friday that will allow the Tucson, Ariz.-based
company to use up to $1.3 million for payroll and other expenses. First
Magnus originally asked the bankruptcy court to approve the loan from
Wells Fargo Business Credit and Summit Investment Management LLC about a
week ago. Among other things, the loan was supposed to help the company
execute a liquidation and wind-down plan that would eventually provide
creditors with up to $26 million in net recovery.
href='http://bankruptcy.law360.com/secure/ViewArticle.aspx?Id=34461'>Read
more. (Registration required.)
name='6'>Dispute over
w:st='on'>
size='3'>Alliance
Trustee Continues
The U.S. Trustee and
creditors of Alliance Mortgage Investments Inc. continue to spar over
the election of a permanent trustee to oversee the bankrupt mortgage
lender's chapter 7 case,
size='3'>Bankruptcy Law360 reported yesterday.
Interim chapter 7 trustee Montague S. Claybrook requested a continuance,
which would push the scheduled hearing on the trustee election dispute
from Sept. 12 to Sept. 19. Wells Fargo Bank NA, which asked for the
election, filed an objection Monday, pressing the court to resolve the
matter as soon as possible. Wells Fargo, which is an administrative
agent under a term loan agreement with AMI, sought the election of a
permanent trustee before the first meeting of creditors on Aug. 15. At
the meeting, Wells Fargo and two other lenders nominated and unanimously
elected Tracy Klestadt as permanent trustee. But U.S. Trustee
Kelly Beaudin
Stapleton, who oversaw the election, filed a
report with the bankruptcy court on Aug. 23 that declared the election
in dispute. Stapleton said the holders of secured claims or of
administrative priority claims were not among the claimants who could
either request the election of or vote for a chapter 7 trustee.
href='http://bankruptcy.law360.com/Secure/ViewArticle.aspx?id=34399'>Read
more. (Registration required.)
w:st='on'>
name='7'>Spokane
face='Times




























New

























Roman'
size='3'> Diocese Bankruptcy Lawyers Seek Closed Proceedings on
Fees
Bankruptcy lawyers who
have billed the Roman Catholic Diocese of Spokane are asking that
proceedings on their fees be closed to the public, the Associated Press
reported yesterday. At issue is more than $10 million in fees that the
lawyers are seeking. The case stems from a $48 million settlement to
resolve claims of sexual abuse by priests decades ago. In 10 days,
lawyers for Bishop William Skylstad and for people who filed the abuse
claims are scheduled to meet with a federal mediator in
size='3'>Reno
w:st='on'>
size='3'>Nev.
Fed
Divided over Economic Assessments
Federal Reserve officials
appear divided in assessing economic risks from the recent credit crunch
and drop in employment, suggesting there may be some disagreement on
whether or how much to cut interest rates at next week's meeting of the
Fed's policy committee, the
size='3'>Wall Street Journal reported today.
Federal Reserve Bank of San Francisco President Janet Yellen expressed
the most concern, noting that downside risks to the economy had risen
'appreciably' because of recent credit- and housing-market turbulence.
Still, she said, the extent of disruptions from such market turmoil
remain uncertain and 'can turn out to be surprisingly small.' Until this
Friday, when labor statistics showed the first employment decline in
four years, Fed officials had been maintaining their positive stance on
the economic outlook, citing relatively strong reports on manufacturing
and stronger-than-expected figures for retail and vehicle sales.
href='http://online.wsj.com/article/SB118943650388322613.html?mod=hpp_us_whats_news'>Read
more. (Registration required.)
name='9'>Pacific Lumber's Exclusivity Rights
Challenged
Bankruptcy Judge
Richard Schmidt
granted a request by the Bank of New York Trust Co. NA
for expedited consideration of its bid to file its own reorganization
plan in the chapter 11 proceedings of Pacific Lumber Co.,
Bankruptcy Law360
reported yesterday. On Friday, the Bank of New York
lodged an objection to the debtors' Aug. 24th bid for an extension of
their exclusive rights and a request to terminate the 60-day extension
that would automatically come into play if the debtors file a plan with
an adequate disclosure statement by Sept. 18. Pacific Lumber, or Palco,
a unit of Houston-based Maxxam Corp., sought bankruptcy protection in
January. Five Pacific Lumber subsidiaries also filed for bankruptcy:
Scotia Pacific Co. LLC, Scotia Development Company LLC, Brit Lumber Co.
Inc., Salmon Creek LLC and Scotia Inn Inc.
href='http://bankruptcy.law360.com/Secure/ViewArticle.aspx?id=34374'>Read
more. (Registration required.)
name='10'>Stay in Excel Innovation’s Bankruptcy Case
Overturned
An appeals court has
overturned a bankruptcy appellate panel's stay of arbitration involving
bankrupt Excel Innovation's former CEO, ruling that the debtor’s
likelihood of success in reorganization needs to be balanced against the
relative hardship of the parties,
size='3'>Bankruptcy Law360 reported yesterday.
Excel, which filed for chapter 11 protection in June 2004, had applied
for a preliminary injunction staying arbitration proceedings between two
non-bankrupt parties, former Excel CEO Ned Hoffman and technology
provider Indivos Corp. Hoffman is the founder and a major shareholder of
both Indivos and Excel. In 2000, he entered into a series of agreements
with Indivos in a bid to separate himself from the management of Indivos
under which the parties agreed to submit any disputes to binding
arbitration. In June 2003, Indivos initiated arbitration proceedings
against Hoffman and Excel, alleging that they had attempted to disrupt a
merger between Indivos and Solidus Networks Inc. by filing multiple
shareholder derivative actions, initiating a proxy contest and
attempting to gain a seat on the Indivos board.
href='http://bankruptcy.law360.com/Secure/ViewArticle.aspx?id=34338'>Read
more. (Registration required.)
name='11'>Commentary: GM Chief Seeks to Reinforce Labor
Deal
General Motors Corp. CEO
Rick Wagoner has a lot on the line as talks enter the home stretch with
the Big Three U.S. auto makers and the United Auto Workers union on a
new collective-bargaining agreement, the
size='3'>Wall Street Journal reported today.
GM's financial performance has improved in recent quarters, but an
inability to generate profits in its core North American unit is a
nagging problem. The negotiations with the UAW are considered critical
to trim the company's cost structure and create the conditions for
sustainable profitability. GM and its domestic rivals are entering the
eighth week of negotiations with the UAW on a contract to replace the
four-year deal that expires Friday. As negotiators meet daily, the union
has yet to give a definitive response on whether it will negotiate a
proposal under which it would take responsibility for a trust or a
collection of trusts that would manage the tens of billions of dollars
worth of health care obligations the auto makers owe UAW
retirees.
href='http://online.wsj.com/article/SB118947585386823406.html?mod=hpp_us_whats_news'>Read
more. (Registration required.)
name='12'>Senators Probing Corporate Tax-Cutting
Transactions
Senate investigators,
ratcheting up the pressure on corporate tax-cutting transactions, have
sent letters to at least 30 companies seeking details of past tax
arrangements, the Wall
Street Journal reported today. Companies that
have received such letters include Merck & Co., Johnson &
Johnson and Wyeth. The probe by the Senate's Permanent Subcommittee on
Investigations appears to have been sparked by an accounting rule known
as FIN 48, which took effect in January. The rule for the first time
requires companies to disclose how much they have set aside to pay tax
authorities if certain tax-cutting transactions are successfully
challenged by the government. The disclosures require companies to
attach a dollar figure to tax-savings arrangements they think could be
vulnerable. Although intended to inform investors, the disclosures also
serve as a kind of road map for government authorities, guiding them to
companies that may have taken an aggressive stance on tax-related
arrangements.
href='http://online.wsj.com/article/SB118947026768923240.html?mod=us_business_whats_news'>Read
more. (Registration required.)
International
name='13'>Credit Crisis Hits
w:st='on'>
size='3'>U.K.
size='3'>Lender
British subprime
specialist Victoria Mortgages became the latest victim of the credit
crisis yesterday as the lender said it had gone into administration and
was no longer funding new loans after its costs escalated, the
Wall Street Journal
reported today. Like many other mortgage lenders
in
size='3'>Britain
credit' sector,
face='Times New Roman' size='3'>Victoria
depended on the wholesale market to fund mortgages. But
recent turmoil has dried up liquidity there, pushing up the cost of
borrowing for such lenders. Industry experts said that the firm is the
first British lender to go into administration, akin to a bankruptcy
filing, in the current crisis. It is one of the smaller players
in
face='Times New Roman'
size='3'>Britain
size='3'>'s niche subprime-mortgage market. Subprime loans accounted for
around 8 percent of British lending in 2006, less than in the United
States, where they made up 20 percent of lending.
href='http://online.wsj.com/article/SB118944685912522805.html'>Read
more. (Registration required.)
name='14'>Russia
face='Times New Roman' size='3'> Emerging as Haven from Subprime
Nine Years after Default
Banks from New York-based
JPMorgan Chase & Co. to ABN Amro Holding NV in
w:st='on'>
size='3'>Amsterdam
providing more loans to Russian companies than ever as memories of the
country's $40 billion default in 1998 fade, Bloomberg News reported
today. Russian companies are raising money at the most favorable terms
ever, thanks to rising prices for oil, natural gas and metals. Investors
seeking assets untouched by record
w:st='on'>
size='3'>U.S.
size='3'>mortgage delinquencies are lining up to lend in the world's
10th-largest economy, which grew 6.7 percent in 2006. Central bank
Deputy Chairman Alexei Ulyukayev said last week the economy may expand
as much as 7.5 percent this year. Corporate
loans outstanding in
face='Times New Roman' size='3'>Russia
size='3'>doubled to $256 billion at the end of last year from 2004,
according to data compiled by Newport Beach, Calif.-based Pacific
Investment Management Co. and securities firm Dresdner Kleinwort
in
href='http://quote.bloomberg.com/apps/news?pid=20601109&sid=az2VhzZp50gg'>Read
more.
name='15'>TROUBLED COMPANIES IN THE NEWS
The business news articles below are taken from the U.S. Business
Journal’s Daily Summary of Troubled & Fast Growing U.S.
Companies which is published by Bastien Financial Publications.
size='3'>ABI
size='3'>Members receive a 50% discount off of our regular subscription
rate of $500 when subscribing to the complete Daily Summary.
To subscribe email steve@creditnews.com
title='mailto:steve@creditnews.com'
href='mailto:steve@creditnews.com'>
color='#0000ff'
size='3'><mailto:steve@creditnews.com>
size='3'>or call 800-407-9044—use
w:st='on'>
size='3'>ABI
37
Hewlett-Packard Co., the
w:st='on'>Palo Alto
printers, is in a tax battle with the Internal Revenue Service, which is
now insisting on adjustments that could lower the firm’s tax
benefits by $361 million. The dispute concerns foreign tax credits
and net operating loss carryforwards.
Hi-Tech Parmacal Co.
Inc., an Amityville, N.Y. manufacturer of nutritional
products and generic prescription drugs, reported a first quarter net
loss of $3 million, on an 11% revenue decline–to $10 million.
Huntsman
Corp., a
Lake City,
chemical manufacturer, reported a second quarter net loss of $62
million, on a 5% revenue increase–to $2.5 billion. The loss
compares with income of $212 million for the same period one year
earlier.
IndyMac Bancorp
Inc. will trim its workforce by about 10%, or by about 1,000
positions, over the next few months as it faces declining business amid
the sagging mortgage market. IndyMac, which is looking at a third
quarter loss of up to $36.8 million, will also cut its quarterly
dividend in half. IndyMac is the nation’s ninth-biggest
lender.
Isle of
Capri Casinos Inc., a
Louis
nearly ten river boat and land casinos in the
w:st='on'>Midwest
million, on a 2% revenue increase–to $279 million. The
results included charges of $2.2 million related to the early
extinguishment of debt.
K. Hovnanian
Homes,
w:st='on'>Landover
w:st='on'>Md.
quarterly loss with an $81 million loss for its third quarter. The
firm sold 1,500 fewer homes than the same period one year earlier.
Krispy Kreme
Doughnuts Inc.’s stock price tanked nearly 40% after
the North Carolina-based donut-shop company reported a widened loss and
lower sales for its second quarter. In its recent quarterly report,
Krispy Kreme lost $27 million, compared to a $4.6 million loss a year
ago, while sales fell 7%–to $104 million. The results included $22
million in extra charges for impairment, the settlement of litigation
and extinguishment. The firm is also trying to help franchisees
restructure their operations as the company looks for growth
opportunities overseas. In addition, the firm said that it continues
restructuring to reduce costs, having divested a manufacturing plant and
continuing to close underperforming locations.
Lakeland
Industries Inc., the Ronkonkoma, N.Y. manufacturer of
protective clothing for workers in sectors including industrial and
firefighting, reported its second quarter net declined
43%–to $770,000, on a 10% revenue decline–to $22
million.