Showing posts with label Office of Thrift Supervision. Show all posts
Showing posts with label Office of Thrift Supervision. Show all posts

Friday, May 22, 2009

High-level bank regulators were aware that thrifts were inappropriately backdating capital contributions

TO BE NOTED: Via Alea From Reuters:

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UPDATE 2-U.S. bank regulators directed capital backdating
Thu May 21, 2009 5:00pm EDT

* Regulators were aware of practice and allowed it-report

* In one case, regulators directed backdating-report (Adds Grassley, Delmar comments)

By Karey Wutkowski and John Poirier

WASHINGTON, May 21 (Reuters) - High-level bank regulators were aware that thrifts were inappropriately backdating capital contributions, allowing the institutions to appear healthier, and in one case directed a thrift to engage in the practice, according to a U.S. government watchdog report released on Thursday.

The Treasury's Office of Inspector General report said it was "alarming" that high-level officials at the U.S. Office of Thrift Supervision approved or directed the backdating of capital at six thrifts, including failed lender IndyMac Bank.

Allegations of capital backdating have tarnished the reputation of the agency, a division of Treasury that largely regulates mortgage lenders.

In March, the inspector general placed acting OTS Director Scott Polakoff on leave pending a review of allegations of capital backdating in 2008. The report released on Thursday did not indicate the progress of that review.

The capital backdating allowed IndyMac to maintain its "well capitalized" status and avoid a requirement that could have made it more difficult for the thrift to keep taking risky brokered deposits -- a big source of funding for some banks, the report said.

"We consider these matters very serious and find it alarming that such high-level OTS officials were not only aware of the backdating at two thrifts, but either directed or authorized the thrifts to backdate the capital contribution," the report said.

It said the OTS senior deputy director directed the backdating of capital at a thrift in the agency's Southeast region, but not IndyMac.

Polakoff was senior deputy director before becoming the OTS acting director in February. He did not immediately respond to a request for comment.

"We have taken the necessary actions to remedy the situation," OTS spokesman William Ruberry said, adding that the OTS's error was in not making sure a valid note receivable existed.

"Each of these transactions would have been acceptable if such a note had been recorded. So, we're talking about a piece of paper in a file. That's what these cases amount to," he said.

Senator Chuck Grassley, the top Republican on the Senate Finance Committee, said the OTS needed to hold the appropriate people accountable.

"This report paints the disturbing picture of a regulatory agency being much too cozy with the industry it's supposed to be regulating," Grassley said in a statement.

Rich Delmar, counsel to the inspector general for Treasury, said the office planned "to review the other corrective actions taken" at OTS.

The Treasury audit report released on Thursday follows the inspector general's "material loss review" of IndyMac, which was seized in July after loan defaults mounted and tight capital markets caused losses on mortgages it could not sell.

That material loss review uncovered the capital backdating at IndyMac and other thrifts, prompting the audit report.

The report does not name the five other thrifts but notes that the capital contributions that were backdated occurred at the institutions from January 2007 through August 2008.

BankUnited Financial Corp (BKUNA.O: Quote, Profile, Research, Stock Buzz) is among the institutions that were included in the report but not named, according to a source familiar with the matter. The troubled Florida lender is in the process of being sold and has drawn at least one bid from a private equity consortium, according to a source familiar with the matter.

The OTS submitted a letter in response to the inspector general report, saying it has focused "extensive resources" on the issue of backdated capital contributions. It said it has provided detailed guidance to its staff and the institutions it supervises about proper recognition of capital contributions. (Reporting by Karey Wutkowski and John Poirier; additional reporting by Paritosh Bansal; editing by John Wallace)"

Monday, May 11, 2009

it’s in the interest of both the creditors and the federal government to keep the bank afloat, at least for now

TO BE NOTED: From ProPublica:

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Lehman Mortgage Servicer on Life Support Gets a Piece of TARP
by Jake Bernstein, ProPublica - May 11, 2009 2:36 pm EDT
Aurora Bank was once known as Lehman Brothers Bank – and was a subsidiary of the Lehman Brothers holding company – but changed its name last month.
Aurora Bank was once known as Lehman Brothers Bank – and was a subsidiary of the Lehman Brothers holding company – but changed its name last month.
If any more proof is needed that the intersection between the government and the financial sector has become hopelessly convoluted, look no further than Aurora Bank. Until this thrift recently shed its name, à la AIG (which is still picking a new moniker [1]), it was known as Lehman Brothers Bank [2], a division of the now-bankrupt holding company of the same name. Since Lehman is synonymous with bankruptcy, the still-active but wobbly thrift renamed itself Aurora Bank last month. It got the name from its own less controversial subsidiary, Aurora Loan Services [3].

While Aurora Bank is not officially part of the Lehman bankruptcy, it’s in enough trouble that federal regulators have stepped in and now control most of its actions. And while Aurora Loan Services was an industry leader in peddling some of the worst mortgage productsloans that contributed to Lehman’s bankruptcy [4]it just received a commitment of an estimated $798 million from the U.S. Treasury as part of a bailout program to help homeowners adjust their mortgages.

So, to sum up: One troubled bank on regulator-monitored life support houses one mortgage servicer using taxpayer millions to modify its portfolio of dodgy loans.

It remains to be seen how the Treasury Department’s loan modification program will affect the thrift’s bottom line. Aurora Loan Services will not receive money from Treasury all at once. Under the program [5], it will be paid for each troubled mortgage it modifies according to a system of incentive payments. Some of the Treasury payments will also be passed through Aurora to pay down the principal of borrowers who keep current on their payments after modification.

Aurora, the loan servicer, has more than 490,000 loans worth about $116 billion, according to bankruptcy court filings, including some that originated with other mortgage providers. Lehman Brothers Holdings tried to shop around Aurora Loan Services at the end of last year; it found no takers, according to National Mortgage News [6]. During the heady days in the middle of the decade, Aurora helped make Lehman immensely profitable. It was the biggest supplier of loans for Lehman’s securitization factory, according [7] to the Toronto Globe and Mail. Aurora specialized in Alt-A loans, one cut above subprime and generally offered to people with good credit scores, although often with little or no verification of their income. Lehman used its thrift and loan service business to provide a steady stream of mortgages it could carve into tranches to sell as securities. Unfortunately for Lehman, it held on to many of those securities. Plunging shares and mounting losses forced it into bankruptcy last Sept. 15.

As a federally insured financial institution, the thrift escaped becoming part of the bankruptcy proceedings. Yet it was hardly the model of prosperity. In September 2007, at the tail end of the boom, it had assets of $17.7 billion. At the time of the holding company’s failure, that had shrunk to a little more than $7 billion. The bank’s woeful shape compelled its primary regulator, the Office of Thrift Supervision, into action. In January 2009, the OTS issued a cease and desist order [8] on Lehman Brothers Bank to stop its “unsafe or unsound practices and violations.” The regulator’s main complaint was that the thrift was operating without enough capital in case its loans continued to worsen.

The order limited the ability of the bank to increase its assets and accept certain kinds of deposits. It also forbade it to enter into any third-party contracts without the go-ahead of the OTS. Officials with Aurora Bank and the OTS declined to comment for this story.

Failure to comply with the order would have put the thrift into receivership at considerable cost to the FDIC’s deposit fund. It would also have deprived Lehman’s creditors who are trying to recover what they can in bankruptcy court. Lehman Brothers Holdings has almost half a billion dollars in equity in the thrift, according to bankruptcy filings. Given the financial consequences if the thrift collapsed, it’s in the interest of both the creditors and the federal government to keep the bank afloat, at least for now.

On Feb. 11, Lehman Brothers Holdings, the father of this corporate catastrophe, asked the Bankruptcy Court in New York’s Southern District to allow it to give $15 million to the bank. A month later the bank received further approval from the court to provide up to $325 million to the bank, to be used by Aurora Loan Services to finance its operations."