(OCN/ASPS) Ocwen settles with the NY DFS, Erbey steps down

Ocwen has reached a settlement with the NY DFS on onerous terms.  Highlights are:

  1. Bill (William) Erbey steps down from every single company in his empire (OCN, ASPS, AAMC, HLSS, RESI).  It’s unclear to me whether he decided to join his wife in retirement or whether he was forced out.  I suspect that it is more of the former than the latter.
  2. Ocwen will eventually be able to buy more MSRs though it does not look like this will happen in the short term.  Firstly, NY DFS must appoint an Operations Monitor.  Then, the Operations Monitor will develop a set of benchmarks to measure Ocwen’s capability in boarding new MSR portfolios.  Once Ocwen can demonstrate that it can meet all of the benchmarks, Ocwen will be able to board new MSR portfolios.  Future servicing transfers are conditional on the NY DFS’ approval.  Its approval is “not to be unreasonably withheld” according to the consent order.
  3. The cost of servicing will go up due to more regulations.  For example, Ocwen must provide credit reports to borrowers in New York state if their credit was negatively impacted by Ocwen “regardless of whether such borrower’s loan is still serviced by Ocwen”.

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Risks to Ocwen and Altisource

I apologize for the high volume of Altisource posts.  Altisource is by far my biggest position so I need to make sure that I’m not goofing this one up (especially because I have been doubling down on Altisource).

As far as the risks go:

  •  Ocwen’s future earnings will likely be hurt as I do not see it taking kickbacks on force-placed insurance.
  • Regulation can theoretically be very ugly for Ocwen and Altisource.
  • Declining delinquencies could slow or reverse growth at either company.

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(ASPS/OCN) Kickbacks on force-placed insurance revisited

This is a follow-up to my previous post.  I suspect that the EPS decrease from Altisource shutting down its lender placed insurance brokerage business is largely not recurring and is more like a one-time charge.  If the EPS hit is one-time, it would mean that Altisource’s franchise is largely unaffected.

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Portfolio update November 2014

Overall, my portfolio is down several percent YTD mainly due to a longshot bet on Yongye put options and mark-to-market losses on Altisource common shares.

On the short side, shorting common stock has worked incredibly well for me this year.  Unfortunately, my gains were offset by losses on Yongye puts.

On the long side, I made massive bets on Kinder Morgan warrants and Altisource common stock.  The former has been profitable while the latter hasn’t.  Altisource has been beaten down -53% YTD and I have been adding to my position on the way down.  While Altisource continues to have absurd earnings growth, its share price has fallen dramatically due to fears that regulation may hurt the company.

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(OCN/ASPS) Benjamin Lawsky’s fishing expedition

Benjamin Lawsky has gone after Ocwen looking for wrongdoing.  So far it seems that he has found very little.  Here are some of the claims that he has made:

  • Ocwen’s rapid growth has hurt its ability to maintain the same servicing quality.  A press release on the NY DFS’s website (May 20, 2014) essentially makes these claims about Ocwen without naming the company specifically.  (But it’s pretty obvious that he is implying Ocwen with the reference to 70% lower costs.)
  • Ocwen is potentially harming homeowners or MBS investors due to the conflicts of interest between Bill Erbey’s publicly traded companies.  See the February 26, 2014 letter (this Housingwire article provides some background).
  • Ocwen may be harming homeowners (and MBS investors) by taking kickbacks on force-placed insurance.  Housingwire has an Aug 2014 article that provides some context.
  • Ocwen has “backdated” some of the letters it has sent homeowners, potentially hurting their ability to stay in their home with a loan modification.  Here is a copy of their letter dated October 21, 2014: 243853685-Lawsky-Ocwen-Letter

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