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Fitch Releases Corrections Regarding ORIX's Servicer Rating Downgrades.


Business Editors

NEW YORK--(BUSINESS WIRE)--March 19, 2004

Fitch Ratings Fitch Ratings

An international rating agency for financial institutions, insurance companies, and corporate, sovereign, and municipal debt. Fitch Ratings has headquarters in New York and London and is wholly owned by FIMALAC of Paris.
 has been provided with some corrected statistics by ORIX Capital Markets (OCM OCM Oracle Certified Master (database administrator certification)
OCM Organization for Competitive Markets
OCM Onondaga Cortland Madison (counties in New York)
OCM Olympic Council of Malaysia
) following Fitch's downgrades of OCM's servicer ratings. Based on that information, Fitch issues the following corrections.

Fitch surveyed OCM and five of the most active commercial mortgage-backed securities Commercial mortgage-backed securities (CMBS) are a type of bond commonly issued in American security markets. They are a type of Mortgage-backed security which are backed by mortgages on commercial rather than residential real estate.  (CMBS CMBS

See: Commercial Mortgage Backed Securities
) special servicers to determine the number instances over the last three years that loans were involved in litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
 other than foreclosure foreclosure

Legal proceeding by which a borrower's rights to a mortgaged property may be extinguished if the borrower fails to live up to the obligations agreed to in the loan contract.
 and borrower bankruptcy. The data OCM provided to Fitch covered the period from Jan. 1, 2001 to Oct. 31, 2003. For each of these servicers Fitch calculated the following percentage:

The number of loans involved in litigation other than foreclosure or borrower bankruptcy (including loans not in special servicing) divided by the total number of specially serviced loans plus the loans with litigation that are not specially serviced.

In Fitch's opinion this percentage accurately captures litigation activity. OCM has now given Fitch a more detailed breakout of these loans. The primary difference is that the previous calculation had double counted some loans subject to multiple lawsuits. The corrected figure for OCM is 23%, based on this new information vs. the previously reported 27%. The percentage reported by the other special servicers surveyed using the same methodology ranged from 2% - 6%.

In the March 9 press release, Fitch reported that OCM's 2003 master servicer employee turnover was 24% and its 2003 special servicer employee turnover rate was 29%. This information had been provided by OCM as part of Fitch's annual servicer review. It has been discovered that the time periods for OCM's 2002 and 2003 employee turnover statistics both included the month of September 2002. Therefore, adjusting for this initial double counting Double counting may refer to:
  • Double counting (proof technique), a proof technique in combinatorics whereby one set is counted in two different ways
  • Double counting (fallacy), a fallacy in combinatorics and probability theory whereby objects are counted more than once
, the correct employee turnover rate for the period Sept. 1, 2002 through Aug. 31, 2003 is 12% for OCM's master servicing group and 23% for OCM's special servicing group. The majority of this turnover has been at the staff level.

These corrections do not alter Fitch's ratings opinion (see Fitch press release 'Fitch Downgrades ORIX Capital Markets' Servicer Ratings' dated March 9, 2004 and available on the Fitch Ratings web site at 'www.fitchratings.com').
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Publication:Business Wire
Date:Mar 19, 2004
Words:359
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