Crain’s Insider – Wednesday, June 1, 2011

Crain’s Insider


Today’s News Wednesday, June 01, 2011

Hunts Point Down to the Wire

At press time, the Economic Development Corp. had not negotiated a lease with produce vendors at Hunts Point. The current lease with the Terminal Produce Cooperative Market expired last night at midnight. The city is competing with New Jersey to ink the cooperative to a 30- or 40-year deal. Negotiations began in earnest almost a year ago. Even if cooperative members decide to move the market, it would remain in the Bronx for several years until New Jersey could build a facility. Absent a new agreement, the current lease remains in effect month-to-month.

Schneiderman’s Suit

Attorney General Eric Schneiderman cast a wide net in suing the federal government yesterday to ward off hydrofracking in the Delaware River Basin watershed. He named the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service, the National Park Service, the U.S. Department of the Interior and the U.S. Environmental Protection Agency as defendants. He sued Washington even though the state Department of Environmental Conservation has the final say on drilling in New York. Schneiderman’s office said drilling in Pennsylvania and New Jersey could affect water drunk by millions of New Yorkers.

Futurist’s Predictions Come to Pass

City government is finally catching up with Andrew Rasiej, the self-described futurist who ran for public advocate in 2005. Rasiej said Mayor Mike Bloomberg’s recent push to make New York the nation’s leading digital city echoes themes of his own quixotic quest to unseat Betsy Gotbaum—namely, that technology should reinvent government and help citizens organize themselves. However, Bloomberg’s tech plan omits a key element of Rasiej’s platform: Wi-Fi that covers the city and its subways. “To this day, if you see something you can’t say something, because the subway system doesn’t allow outside calls,” Rasiej said.

City’s Manufacturing Decline

New York City is rustier than the Rust Belt. The city lost the highest percentage of manufacturing jobs in the state between 2005 and 2009, according to the Business Council of New York State. The city saw a 28% drop in manufacturing positions. The next biggest percentage loss, 19%, occurred in the Finger Lakes region. However, New York City manufacturing jobs are such a small component of the city economy that the council does not even include them in its published report; it provided them separately to the Insider . Despite the steep decline in that sector in the second half of the decade, citywide employment grew 2.3% during the period.

TLC tries to cover its bases

Livery base owners remain opposed to the city’s plan to issue borough taxi licenses with newly sold yellow taxi medallions. The city believes that it can win over the holdouts by offering them low-cost financing and other incentives to purchase packages of 1,500 new medallions that come with a total of 6,000 licenses.

“We are fully committed to attractive, affordable financing to existing bases,” said Taxi and Limousine Commissioner David Yassky. “All stakeholders agree the status quo is unacceptable. The only debate now is on the details.”

But livery base operators disagree. New medallions may mollify yellow taxi operators and raise revenue for the city, but livery drivers say the licenses should be decoupled from the sale of medallions, because even with financing, they would be too expensive. They also say 6,000 licenses to pick up street hails are not enough to satisfy likely demand, since there are 22,000 livery vehicles.

“Decoupling is the sticking point,” says a livery industry insider.

Linking the licenses to yellow medallions was thought to be a novel way to create a new business model for livery operators, whose investment would be sure to grow. Corporate taxi medallions fetch as much as $950,000.

Yassky would not say what kind of financing would be offered or how much it would cost the city, but two groups representing taxi and livery operators estimate that financing costs would be more than offset by the $1.5 billion that new medallions could fetch for the city in 2013.

The New York State Federation of Taxi Drivers endorsed the plan last week, but would like half of the new medallions set aside for livery drivers and operators. Yassky said that is being discussed but he stopped short of endorsing the 50% figure.

Faced with opposition in Albany, the Bloomberg administration has sensibly recruited outside elected officials, notably Bronx Borough President Rubén Díaz Jr., to play key roles, an insider said. But Díaz’s involvement, announced Friday, came as news to many involved in the discussions. They have since rushed to reach out to him.

At A Glance

MOVING ON:  Justin Bernbach, state and community affairs managing director for American Airlines, left the airline yesterday. A former Jeopardy!  champion and aide to Assembly Speaker Shelly Silver, Bernbach will become Northeast director of government relations for engineering and architectural consulting firm HNTB on June 15.

News Clips – Wednesday, June 1, 2011

Amy Traub: Legalized Loan-Sharking: Is It Coming to New York?
Posted on June 1, 2011  by admin  
Payday lending has been denounced as “a scourge on vulnerable citizens” and condemned as “modern day usury.” Across the country, consumer advocates are fighting to rein in the high-cost, short-term loans that trap low- and moderate-income borrowers in thousands of dollars of high-interest debt. So why do some state legislators want to introduce these predatory financial products to New York? New York State usury laws limit the interest charged on small loans, ensuring that borrowers will not be harmed by exorbitant interest rates on debt they have little ability to repay. Our longstanding safeguards in this area are a model for other states. Yet last week, legislation to roll back these consumer protections passed the Senate Banks Committee. Amy Traub: Legalized Loan-Sharking: Is It Coming to New York? .
Cummings requests copies of banks’ engagement letters from federal regulators
Posted on June 1, 2011  by admin  
House Oversight and Government Reform ranking member Elijah Cummings (D-Md.) asked federal regulators on Tuesday to release copies of letters between 14 mortgage servicing companies and the private consultants they hired to review their foreclosure practices. In a letter sent Tuesday , Cummings requests copies of the engagement letters by June 3. He also asked for an explanation of why any bank hasn’t completed the process. The regulators — the Federal Reserve, Federal Deposit Insurance Corporation, Comptroller of the Currency and Office of Thrift Supervision — set up a Tuesday deadline to approve the engagement letters after ordering comprehensive reviews of foreclosure practices following an April 13 report that found “critical weaknesses” and widespread risk” with the foreclosure practices at the 14 banks, such as the document preparation processes and oversight and monitoring of third-party vendors, including foreclosure attorneys. Cummings requests copies of banks’ engagement letters from federal regulators – The Hill’s On The Money .
Posted in FDIC , Federal Reserve Board/The Fed , Foreclosure , Mortgage Industry , Mortgage Loan Servicers , OCC , OTS  | Comments Off
BofA, UBS Ask New York’s Highest Court to Reinstate Lawsuit Against MBIA
Posted on June 1, 2011  by admin  
New York’s highest court was asked by Bank of America Corp., UBS AG and other institutions to reinstate their lawsuit claiming that bond insurer MBIA Inc.’s 2009 restructuring was intended to defraud policyholders. A lower-court decision throwing out the lawsuit improperly blocked claims the banks could bring as creditors, their lawyer told the New York State Court of Appeals at oral arguments yesterday in Albany. Eric Dinallo, the state’s former insurance superintendent, approved the split in 2009, allowing Armonk, New York-based MBIA to move its guarantees on state and municipal bonds out of the unit that insured some of Wall Street’s riskiest mortgage debt. Robert Giuffra Jr., lead counsel for the banks, called the action unprecedented.  BofA, UBS Ask New York’s Highest Court to Reinstate Lawsuit Against MBIA – Bloomberg .
Posted in Financial Regulation , Insurance , Lawsuit , Mortgage Backed Securities , Mortgage Industry  | Comments Off
Who Needs Health Care Reform?
Posted on June 1, 2011  by admin  
It is no secret that health care has become increasingly unaffordable as the cost of medical treatments and insurance premiums keep rising. Two recent studies have documented just how severe the burden can be and underscored the urgent need for the health care reforms that Republicans are so determined to repeal.  Who Needs Health Care Reform? – NYTimes.com .
Posted in Health Care Reform , Insurance  | Comments Off
BankUnited Said to Be in Talks to Buy Herald National Bank
Posted on June 1, 2011  by admin  
Shares of Herald National Bank, a small, New York-based bank, rose more than 15 percent on Tuesday after Bloomberg News reported that BankUnited, a lender backed by the Blackstone Group and the Carlyle Group, was nearing an agreement to buy it.  BankUnited Said to Be in Talks to Buy Herald National Bank – NYTimes.com .
Posted in Bank Regulation (domestic)  | Comments Off
Ally Financial Bets on Risky Subprime Car Loans
Posted on June 1, 2011  by admin  
Ally Financial Inc, the United States’ largest maker of car loans, hopes that people have forgotten the time when “subprime” became a synonym for “disaster.” Ally, once known as GMAC Financial Services, is getting ready to go public this year, and is making the case that subprime loans for used car buyers are not about to produce the same results that they did in the housing market a few years ago — a near-collapse of the financial system. Auto loans performed relatively well during the downturn, and demand for cars is up, so auto lending is one of the few types of consumer debt that is growing. Ally wants to show investors that this makes it different from many other banks, which are struggling with weak loan demand and their own soured mortgages. Ally Financial Bets on Risky Subprime Car Loans – NYTimes.com .
Posted in Subprime  | Comments Off
UBS May Move Stamford Investment Bank to World Trade Center
Posted on June 1, 2011  by admin  
UBS AG, Switzerland’s biggest lender, may move the staff of its U.S. investment bank from Stamford, Connecticut, to the World Trade Center in Manhattan by 2015, a person with direct knowledge of the plan said. Some employees from equities and investment banking have already relocated from UBS’s Stamford location, which houses the world’s biggest trading floor, to other offices in New York City, the person said. The rest would be moved in coming years, said the person, who declined to be identified because plans for the transfer haven’t been publicly disclosed. UBS May Move Stamford Investment Bank to World Trade Center in Manhattan – Bloomberg .
Posted in Bank Regulation (domestic) , Bank Regulation (Foreign)  | Comments Off
Swiss Re to buy American Life Insurance Co-policies
Posted on June 1, 2011  by admin  
Swiss Re, the world’s second-biggest reinsurer, is buying around 1.6 billion pounds ($2.63 billion) of assets from American Life Insurance Company in a bid to boost the market presence of its Admin Re unit. The acquisition is the latest in a string of deals for the Admin Re business, which has done more than 50 transactions globally since 1998.  Swiss Re to buy American Life Insurance Co policies | Reuters .
Posted in Insurance  | Comments Off
Private mortgage insurers write $3.7 billion worth of new policies in April
Posted on June 1, 2011  by admin  
As private mortgage insurers continue to fight for a future in the mortgage origination space, the industry is reporting that insurance firms wrote $3.691 billion in primary insurance on newly originated, conventional mortgages during the month of April. Mortgage Insurance Companies of America — which represents member firms such as Genworth Mortgage Insurance, Mortgage Guaranty Insurance, PMI Mortgage Insurance, Radian Guaranty and Republic Mortgage Insurance — said all of the firms had a total of $615.7 billion of primary insurance in force during the same month.  Private mortgage insurers write $3.7 billion worth of new policies in April « HousingWire .
Posted in Insurance , Mortgage Industry  | Comments Off
Banks Hit Foreclosure Hurdle (WSJ)
Posted on June 1, 2011  by admin  
Banks trying to foreclose on homeowners are hitting another roadblock, as some delinquent borrowers are successfully arguing that their mortgage companies can’t prove they own the loans and therefore don’t have the right to foreclose. These “show me the paper” cases have been winding through the courts for several years. But in recent months, some judges have been siding with borrowers and stopping foreclosures after concluding that banks’ paperwork problems are more serious than previously thought and raise broader ethical questions. This year, cases in California, North Carolina, Alabama, Florida, Maine, New York, New Jersey, Texas, Massachusetts and others have raised questions about whether banks properly demonstrated ownership. During the fall, banks temporarily suspended foreclosures to address so-called robo-signing problems, where employees were approving legal documents without properly reviewing them. They said that in weeks they could fix what they considered to be simple clerical errors. But borrowers are uncovering new types of document problems, further delaying banks’ efforts to get foreclosures back on track. Banks Hit Foreclosure Hurdle – WSJ.com .
Posted in Foreclosure , Mortgage Industry , Mortgage Loan Servicers , Robo-signing  | Comments Off
Personal Finance: How to File a Mortgage Bias Complaint
Posted on June 1, 2011  by admin  
On Wednesday, HUD will announce that Cornerstone Mortgage, a Houston lender, has agreed to set aside $750,000 to compensate any women who may have been affected, while paying at least one woman $15,000. Cornerstone denied the accusations and maintained that all of its actions had been “legally and prudentially sound.” If no other women file claims, the money will be returned to Cornerstone. But the department is also investigating nearly a dozen other cases at other lenders, and said it believed that other women might come forward.  How to File a Mortgage Bias Complaint – NYTimes.com .
Posted in Bank Fraud , Mortgage Fraud , Mortgage Industry  | Comments Off
Lehman Accuses Goldman of Trying to Delay Bankruptcy Probe
Posted on June 1, 2011  by admin  
Lehman Brothers Holdings Inc.  accused Goldman Sachs Group Inc. of deliberately trying to delay a bankruptcy investigation by moving at a “glacial pace” in turning over documents related to the probe. Lehman claimed Goldman Sachs is deliberately moving slowly to run out a deadline for providing information for Lehman’s probe into whether rumors about its condition damaged its business during the 2008 financial crisis, according to a filing yesterday in U.S. Bankruptcy Court in Manhattan. Attorneys for Lehman said the documents are needed to determine whether to make claims against Goldman Sachs, according to the filing. “Goldman Sachs is deliberately moving at a glacial pace in an effort to run out the statute of limitations without producing the requested documents,” Lehman said in the filing. Employees of Goldman Sachs “may have been involved in originating or spreading rumors about Lehman,” according to yesterday’s filing.  Lehman Accuses Goldman of Trying to Delay Bankruptcy Probe – Bloomberg .
Posted in Bank Regulation (domestic) , Financial Crisis  | Comments Off
New York foreclosure filings up – NYPOST.com
Posted on June 1, 2011  by admin  
RealtyTrac’s preliminary numbers show foreclosure filings were up 17 percent in the five boroughs in May compared to April but are still down 19 percent from a year ago. While RealtyTrac’s preliminary statewide numbers still show a 1 percent decline last month, Sharga expects the final figures for May will show an increase. Foreclosure activity in New York stalled after the state’s top judge warned foreclosure lawyers that any fraud in foreclosure paperwork would be met with severe penalties.  New York foreclosure filings up – NYPOST.com .
Posted in Financial Fraud , Foreclosure , Mortgage Industry  | Comments Off
David Lerner Associates Accused of Misleading Clients
Posted on June 1, 2011  by admin  
Regulators accused the brokerage firm David Lerner Associates of misleading investors by selling shares in illiquid real estate investment trusts, or REITs, to unsophisticated and elderly customers. The regulator, the Financial Industry Regulatory Authority, said Tuesday that the firm had not considered whether the REITs, which were not publicly traded and invested in extended-stay hotels, were suitable for such clients. In a statement, the firm denied the allegations. In soliciting customers for one investment known as Apple REIT Ten, Lerner provided misleading information that failed to show that distributions far exceeded income and were financed by debt, the agency, known as Finra, said.  David Lerner Associates Accused of Misleading Clients – NYTimes.com .
Posted in Consumer Protection , FinRA  | Comments Off
From a Goldman Sachs Mortgage Team, a Single Court Case
Posted on June 1, 2011  by admin  
How Mr. Tourre alone came to be the face of mortgage-securities fraud has raised questions among former prosecutors and Congressional officials about how aggressive and thorough the government’s investigations have been into Wall Street’s role in the mortgage crisis. Across the industry, “it’s impossible that only one person was involved with fraudulent activities in connection to the sales of these mortgage securities,” said G. Oliver Koppell, a New York attorney general in the 1990s and now a New York City councilman. From a Goldman Sachs Mortgage Team, a Single Court Case – NYTimes.com .
Posted in Bank Fraud , Bank Regulation (domestic) , Financial Crisis , Mortgage Backed Securities , Mortgage Industry  | Comments Off