From Deseret News archives:
JP Morgan Chase threatens HomeBanc Corp. foreclosure
Court papers filed Sunday in a Delaware bankruptcy court say JP Morgan Chase, as agent for the syndicate of banks that funded HomeBanc's operations, is demanding assurances it won't get stuck for the money.
JP Morgan Chase wants an emergency hearing Tuesday on its bid for guarantees that Atlanta-based HomeBanc will be able to cover its secured debt.
The bank wants to be able to foreclose on its collateral if no assurances are forthcoming.
HomeBanc said in court papers that it will fight the pressure from JP Morgan Chase, and that it still has a valuable loan-servicing business that continues to generate cash.
Usually, secured lenders don't have to wait long to cash out their holdings in a bankrupt company. Most failing companies try to have deals for Chapter 11 loans and, often, asset sales in hand before they file bankruptcy petitions, to reassure top-ranking creditors.
Troubled companies aren't allowed to use the collateral securing their top loans to fund a controlled Chapter 11 shutdown unless the lenders agree to let them.
JP Morgan Chase says HomeBanc's lenders won't make such an agreement unless they get extra protection for their loans. In court papers filed Sunday, the lead bank says it had "little warning" of HomeBanc's bankruptcy, and the company didn't discuss its bankruptcy-finance plans with lenders until after the filing.
Without Chapter 11 funding or a stand-still agreement with secured lenders, HomeBanc could be thrown into "free fall" liquidation mode, with its assets including a huge leveraged portfolio of mortgage loans and mortgage-backed securities up for grabs.
Other recent victims of the mortgage sector meltdown had bankruptcy financing deals in hand when they filed for Chapter 11, as well as sale plans that meant secured lenders would not have to wait long for their cash.
Subprime lender New Century Financial Corp., which collapsed in April, had a short-term $150 million bankruptcy borrowing arrangement in place when it filed for Chapter 11, and buyers were signed up for two major parcels of assets.
Financier Wilbur Ross has offered $50 million in bankruptcy financing to American Home Mortgage Corp., which also plans rapid-fire sales to raise money. American Home, however, will be throwing its assets on the block without a committed opening bid from any potential buyer.
American Home and HomeBanc both targeted higher-rated borrowers than New Century. Unlike New Century, they haven't been accused of flawed accounting. Yet they appear to be having a tougher time inspiring lender or buyer confidence in bankruptcy than New Century, as what was termed a tough market for mortgage-related securities becomes an impossible one.
As of Dec. 31, 2006, HomeBanc's portfolio was valued at $5.7 billion. Since then, the market for such securities has almost seized up, as retreating lenders struggle to dump paper tainted by rising defaults.
Comments
- Gas prices remain near 2009 high 2:19 p.m.
- Man arrested in '03 kidnapping 2:18 p.m.
- Jackson's sister blames doctor 2:17 p.m.
- Jackson doctor avoids jail 2:17 p.m.
- Red Cross sells pieces of history 2:16 p.m.
- Plain says she prays for Levi 2:15 p.m.
- Uninsured more likely to die in E.R. 2:14 p.m.
- 'Idol' winner Allen remains humble 2:14 p.m.
- New Leona Lewis CD echos growth 2:13 p.m.
- 2 stranded hikers rescued 2:00 p.m.
- MWC expand? Get rid of deadweight
- Relieved Cougs prep for Falcons
- Wounded Utes limp home
- Jazz rookies had to grow up quickly
- Apostle's wife felt comfort in attack
- TCU stays 4th in AP; Y. 19th, U. 23rd
- Big games keep UHSAA coffers full
- Win in New Mexico good for Y?
- RSL surprised by Chicago's Fire
- Bennett at center of GOP storm
- TCU creams U.
233 - BYU happy to escape with victory
232 - Editorial: Mormons and gay rights
217 - Will state consider gay rights law?
156 - Can BYU root for (ick) Utah Utes?
131 - RSL heads to MLS title game
131 - Utes remain silent about BCS
120 - TCU stays 4th in AP; Y. 19th, U. 23rd
112 - Celtics crush Jazz
104 - 5A: Bingham rolls to title game
94
American Express says it's not going to be a closed-wallet holiday for...
Maybe someone out there can help me understand how raising the state...
Military Brat | 9:22 a.m. I think you're being a little disengenous and...
He played his teams biggest strength against the Colts biggest weakness. I...
They already have an almost guaranteed path to a BCS bowl every year, and...
There are a few at BYU, but they are not worth mentioning.
To put it in perspective. Some sources attribute the success of gays...
Why did 2 players leave Timpview for Springville? Was it their parents move...
I agree with the author that it is time for Coach Bronco to leave.
I stand by your decision too. Go Colts!!!!
I don't know anything about Davis other than, Hinds is a great RB, but is he...
Obama cant expect China to ruin there economy like he has done here in...


You can be the first to comment on this story.