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Saxon Capital, Inc. Announces Agreement to Settle Litigation; Subsequent Event to be Reflected in Third Quarter Financial Results.


Business Editors

GLEN ALLEN Glen Allen is the name of several places in the United States of America:
  • Glen Allen, Alabama
  • Glen Allen, Virginia
  • Glen Allen, Missouri
Glen Allen UK Television Announcer/Presenter who found fame on UKGOLD (1993-1997) presenting "The Vortex" around Dr.
, Va.--(BUSINESS WIRE)--Nov. 7, 2003

Saxon Saxon

Any member of a Germanic people who lived along the Baltic coast in ancient times and later migrated west as far as the British Isles. The Saxons became pirates in the North Sea during the decline of the Roman empire, and in the early 5th century they spread through
 Capital, Inc. ("Saxon") (NASDAQ NASDAQ
 in full National Association of Securities Dealers Automated Quotations

U.S. market for over-the-counter securities. Established in 1971 by the National Association of Securities Dealers (NASD), NASDAQ is an automated quotation system that reports on
: SAXN), a residential mortgage lending and servicing company, announced today that it has reached an agreement, subject to conditions, to resolve the Fair Labor Standards Act Fair Labor Standards Act or Wages and Hours Act, passed by the U.S. Congress in 1938 to establish minimum living standards for workers engaged directly or indirectly in interstate commerce, including those involved in production of goods bound  ("FLSA FLSA Fair Labor Standards Act
FLSA Fedora Legacy Security Advisory
") 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.
 against its subsidiary, America's MoneyLine Moneyline may refer to:
  • Moneyline odds, a form of fixed-odds gambling also known as American odds
  • Moneyline, renamed Lou Dobbs Moneyline in 2001 and Lou Dobbs Tonight
, Inc. As a result of the settlement agreement, which was entered into on November November: see month.  3, 2003, Saxon will record a $1.4 million pre-tax pre-tax adjanterior al impuesto

pre-tax adjavant impôt(s)

pre-tax adjal lordo d'imposta 
 charge to earnings for the period ended September September: see month.  30, 2003. The financial information Saxon previously reported in its third quarter earnings press release dated October October: see month.  23, 2003, before execution of the settlement agreement, did not reflect this charge. As previously disclosed dis·close  
tr.v. dis·closed, dis·clos·ing, dis·clos·es
1. To expose to view, as by removing a cover; uncover.

2. To make known (something heretofore kept secret).
, the FLSA collective action litigation alleges that loan officers who routinely worked more than 40 hours per week were denied overtime Overtime is the amount of time someone works beyond normal working hours. Normal hours may be determined in several ways:
  • by custom (what is considered healthy or reasonable by society),
  • by practices of a given trade or profession,
  • by legislation,
 compensation in violation VIOLATION. An act done unlawfully and with force. In the English stat. of 25 E. III., st. 5, c. 2, it is declared to be high treason in any person who shall violate the king's companion; and it is equally high treason in her to suffer willingly such violation.  of the FLSA. The settlement agreement is contingent upon Adj. 1. contingent upon - determined by conditions or circumstances that follow; "arms sales contingent on the approval of congress"
contingent on, dependant on, dependant upon, dependent on, dependent upon, depending on, contingent
 entry of a stipulated dismissal A discharge of an individual or corporation from employment. The disposition of a civil or criminal proceeding or a claim or charge made therein by a court order without a trial or prior to its completion which, in effect, is a denial of the relief sought by the commencement of the  by the Court and approval by all of the collective action members. If all of the collective action members do not accept the settlement by December December: see month.  1, 2003 America's MoneyLine, Inc. may, at its option, declare TO DECLARE. To make known or publish. By tho constitution of the United States, congress have power to declare war. In this sense the word, declare, signifies, not merely to make it known that war exists, but also to make war and to carry it on. 4 Dall. 37; 1 Story, Const. Sec.  the proposed settlement to be void, in which case the litigation would resume.

Execution of the November 3, 2003 settlement agreement is a subsequent event that Saxon has determined generally accepted accounting principles The standard accounting rules, regulations, and procedures used by companies in maintaining their financial records.

Generally accepted accounting principles (GAAP) provide companies and accountants with a consistent set of guidelines that cover both broad accounting
 require immediate reflection of the financial impact of this tentative tentative,
adj not final or definite, such as an experimental or clinical finding that has not been validated.
 settlement agreement as a probable PROBABLE. That which has the appearance of truth; that which appears to be founded in reason.  loss within the September 30, 2003 financial statements, as opposed op·pose  
v. op·posed, op·pos·ing, op·pos·es

v.tr.
1. To be in contention or conflict with: oppose the enemy force.

2.
 to being a fourth quarter event. The case may ultimately be settled at a different amount, or not at all, due to the significant contingencies Contingencies (ISSN 1048-9851) is the bimonthly magazine of the American Academy of Actuaries, providing a large and diverse readership with general interest and technical articles on a wide range of issues related to the actuarial profession.  contained in the settlement agreement. However, due to the execution of the settlement agreement on November 3, 2003 Saxon has judged that a loss is probable as defined within Statement of Financial Accounting Standard No. 5, Accounting for Contingencies. Accordingly, Saxon has adjusted its financial statements included in the previous press release to reflect the impact of the settlement agreement. Revised results for the period ended September 30, 2003 are attached.

About Saxon

Saxon is a residential mortgage lender LENDER, contracts. He from whom a thing is borrowed.
     2. The contract of loan confers rights, and imposes duties on the lender. 1. The lender has the right to revoke the loan at his mere pleasure; 9 Cowen, R. 687; 8 Johns. Rep. 432; 1 T. R. 480; 2 Campb. Rep.
 and servicer that originates, purchases, securitizes and services real property secured mortgages. Saxon is headquartered in Glen Allen, Virginia Glen Allen is a census-designated place (CDP) in Henrico County, Virginia, United States. The population was 12,562 at the 2000 census. Geography
Glen Allen is located at  (37.660094, -77.485634)GR1.
 and has additional primary facilities in Fort Worth, Texas Fort Worth is the fifth-largest city in the state of Texas, 18th-largest city in the United States[1], and voted one of "America’s Most Livable Communities.  and Foothill Ranch ranch, large farm devoted chiefly to raising and breeding cattle, horses, sheep, and goats. The cattle ranch was introduced from Latin America to Texas and the plains of the W United States and Canada. , California California (kăl'ĭfôr`nyə), most populous state in the United States, located in the Far West; bordered by Oregon (N), Nevada and, across the Colorado River, Arizona (E), Mexico (S), and the Pacific Ocean (W). .

Saxon's production subsidiaries, Saxon Mortgage, Inc., and America's MoneyLine, Inc. originate o·rig·i·nate
v.
1. To bring into being; create.

2. To come into being; start.
 and purchase loans through wholesale, correspondent A bank, Securities firm, or other financial institution that regularly renders services for another in an area or market to which the other party lacks direct access. A bank that functions as an agent for another bank and carries a deposit balance for a bank in another city.  and retail business channels Business channels are TV channels that concentrate on business news. List of channels
  • CNBC (American channel produced by NBC-Universal).
  • Bloomberg Television (American channel produced by Bloomberg LP)
. Saxon currently originates and purchases loans in 49 states, through its network of approximately ap·prox·i·mate  
adj.
1. Almost exact or correct: the approximate time of the accident.

2.
 4,000 brokers, 400 correspondents, and 27 retail branches. As of September 30, 2003, Saxon's servicing subsidiary, Saxon Mortgage Services, Inc., serviced a mortgage loan portfolio of $8.8 billion. For more information, visit www.saxoncapitalinc.com.

Information Regarding Forward Looking Statements

Statements in this news release reflecting our future expectations, plans and strategies, are "forward-looking statements forward-looking statement

A projected financial statement based on management expectations. A forward-looking statement involves risks with regard to the accuracy of assumptions underlying the projections.
" and are based on current expectations and assumptions that are subject to risks and uncertainty. Our actual results and the timing of certain events could differ materially from those plans due to a number of factors, such as changes in overall economic conditions and interest rates, faster prepayment speeds Prepayment speed

Also called speed, the estimated rate at which mortgagors pay off their loans ahead of schedule, critical in assessing the value of mortgage pass-through securities.
 than those we currently anticipate, declining consumer demand for mortgage refinancing Refinancing

An extension and/or increase in amount of existing debt.
, changes in capital market and competitive conditions applicable to our industry, and changes in the applicable legal and regulatory reg·u·late  
tr.v. reg·u·lat·ed, reg·u·lat·ing, reg·u·lates
1. To control or direct according to rule, principle, or law.

2.
 environment. You should also be aware that all information in this news release is as of November 7, 2003, or as of the date indicated. We undertake no duty to update any forward-looking statement to conform the statement to actual results or changes in the company's expectations.

                          Saxon Capital, Inc.
                      Consolidated Balance Sheets
             (Dollars in thousands, except for share data)
                              (unaudited)


                                     September 30,        December 31,
                                         2003                2002
                                   ---------------     ---------------

Assets

Cash                                        $6,460             $8,098
Accrued interest receivable                 51,410             38,630
Trustee receivable                          76,739             44,128


Mortgage loan portfolio                  4,617,299          3,612,473
Allowance for loan losses                  (46,070)           (40,227)
                              ---------------------    ---------------
Net mortgage loan portfolio              4,571,229          3,572,246

Restricted cash                            214,719            301,435
Servicing related advances                  95,697            102,558
Mortgage servicing rights, net              33,426             24,971
Deferred tax asset                          13,183             17,588
Real estate owned                           20,616             14,563
Other assets                                58,689             38,945

                              ---------------------    ---------------
Total assets                            $5,142,168         $4,163,162
                              =====================    ===============

Liabilities and stockholders'
 equity

Liabilities:
Accrued interest payable                    $9,713             $7,431
Warehouse financing                         51,416            474,442
Securitization financing                 4,709,762          3,347,251
Note payable                                25,000             25,000
Other liabilities                           21,678             22,692

                              ---------------------    ---------------
Total liabilities                        4,817,569          3,876,816
                              ---------------------    ---------------

Stockholders' equity

Common stock, $0.01 par value per share,
100,000,000 shares authorized; 28,616,985
and 28,235,781 issued and outstanding,
 respectively                                  286                282
Additional paid-in capital                 263,289            259,267
Other comprehensive (loss)
 income, net of tax of
 $(3,013) and $3,649                        (5,000)             5,707
Retained earnings                           66,024             21,090
                              ---------------------    ---------------

Total stockholders' equity                 324,599            286,346
                              ---------------------    ---------------

Total liabilities and
 stockholders' equity                   $5,142,168         $4,163,162
                              =====================    ===============



                          Saxon Capital, Inc.
                 Consolidated Statements of Operations
             (Dollars in thousands, except for share data)
                              (unaudited)


                        Quarter   Quarter  Quarter   Quarter  Quarter
                         Ended     Ended    Ended     Ended    Ended
                       Sept.30,   June 30, March 31, Dec.31,  Sept.30,
                         2003      2003     2003      2002      2002
                       ---------- -------- -------- -------- ---------


Revenues:
Interest income          $76,923  $76,054  $70,188  $63,829   $59,145
Interest expense         (31,143) (30,993) (26,661) (25,782)  (24,665)
                       ---------- -------- -------- -------- ---------
  Net interest income     45,780   45,061   43,527   38,047    34,480
Provision for
 mortgage loan losses     (8,517)  (9,677)  (8,614)  (6,912)   (6,124)
                       ---------- -------- -------- -------- ---------
  Net interest income
   after provision for
   mortgage loan losses   37,263   35,384   34,913   31,135    28,356
Servicing income, net
 of amortization          16,560   15,725   12,647   11,000     9,073
Gain on sale of
 mortgage assets             924       45        6        -       133
                       ---------- -------- -------- -------- ---------
  Total net revenues     $54,747  $51,154  $47,566  $42,135   $37,562

Expenses:
Payroll and related
 expenses                 14,839   13,382   14,278   12,918    13,366
General and
 administrative
 expenses                 11,368   11,424   11,058   11,193     9,580
Other expense
 (income)                  1,053    1,261    1,325     (579)      531
                       ---------- -------- -------- -------- ---------
  Total expenses          27,260   26,067   26,661   23,532    23,477

Income before taxes       27,487   25,087   20,905   18,603    14,085
Income tax expense        10,859    9,656    8,021    6,792     5,561
                       ---------- -------- -------- -------- ---------

Net income               $16,628  $15,431  $12,884  $11,811    $8,524


Basic earnings per
 share                     $0.58    $0.54    $0.46    $0.42     $0.30
                       ========== ======== ======== ======== =========
Diluted earnings per
 share                     $0.55    $0.51    $0.44    $0.41     $0.29
                       ========== ======== ======== ======== =========


Saxon Capital, Inc.
Supplemental Data

                                       Qtr         Qtr         Qtr
                                    9/30/2003   6/30/2003   3/31/2003
----------------------------------------------------------------------
Production Statistics
Volume
-------------------------------
Wholesale                            $296,959    $282,460    $274,724
Retail                                184,474     223,633     182,345
Correspondent Flow                    185,406     200,441     142,460
Correspondent Bulk                     37,387      34,774     114,574
Called loans (1)                            -           -           -
Net Cost to Produce (2)
-------------------------------
Wholesale                                2.81%       2.97%       3.24%
Retail                                   3.33%       2.80%       3.17%
Correspondent Flow                       3.24%       3.32%       3.52%
Correspondent Bulk                       5.14%       5.25%       4.94%
Total Production                         3.19%       3.12%       3.55%
Cost to Service                          0.26%       0.26%       0.26%
Credit Quality
-------------------------------
Average Loan-To-Value                    79.2%       79.9%       79.5%
Credit Score                              623         617         612
Fixed Weighted Average Coupon             7.8%        7.7%        7.9%
ARM Weighted Average Coupon               7.5%        7.6%        8.0%
----------------------------------------------------------------------
Portfolio Statistics
Owned Portfolio Principal Balance
 (at period end)                   $4,529,008  $4,319,424  $3,953,056
Owned Portfolio Seriously
 Delinquent (3)                           7.5%        6.6%        6.4%
Owned Net Losses on Liquidated
 Loans - quarter ended trust basis
 (4) (5)                                7,609       6,668       5,860
Owned Net Losses on Liquidated
 Loans - quarter ended GAAP basis
 (4) (5)                                7,431       8,029       6,282
Total Serviced Portfolio Principal
 Balance (at period end)            8,778,290   8,318,228   8,394,916
Total Serviced Portfolio Seriously
 Delinquent (3)                          10.1%       10.0%        9.8%
Total Serviced Net Losses on
 Liquidated Loans - quarter ended
 trust basis                           26,655      29,127      26,554
----------------------------------------------------------------------
Key Ratios
Average Earning Assets (6)         $4,395,113  $4,115,044  $3,723,306
Average Assets                      4,917,499   4,511,920   4,247,087
Average Equity                        313,025     297,472     289,920
Return on Average Assets (ROA)(7)         1.4%        1.4%        1.2%
Return on Average Equity (ROE)(7)        21.2%       20.7%       17.8%
Average Equity/Average Assets(%)          6.4%        6.6%        6.8%
Interest Income/Average Earning
 Assets                                   7.0%        7.4%        7.5%
Interest Expense/Average
 Earning Assets (8)                       2.8%        3.0%        2.8%
Interest Margin/Average Earning
 Assets                                   4.2%        4.4%        4.7%
Operating expense/Servicing
 Portfolio (7)                            1.2%        1.2%        1.3%
Operating expenses/Average
 Assets (7)                               2.2%        2.3%        2.5%
Efficiency Ratio (9)                     49.8%       51.0%       56.1%
----------------------------------------------------------------------
Common Stock Data
Basic earnings per share                $0.58       $0.54       $0.46
Diluted earnings per share               0.55        0.51        0.44
Shares used to compute basic
 EPS                                   28,600      28,522      28,284
Shares used to compute diluted
 EPS                                   30,312      29,973      29,059
Shares outstanding (period end)        28,617      28,594      28,393
Common Stock Price
High                                   $18.65      $19.01      $13.96
Low                                    $15.30      $12.81      $10.76
Period End                             $17.14      $17.28      $13.31
Book value per share (period end)      $11.34      $10.54      $10.34
----------------------------------------------------------------------



Saxon Capital, Inc.
Supplemental Data

                                                   Qtr         Qtr
                                               12/31/2002   9/30/2002
----------------------------------------------------------------------
Production Statistics
Volume
-------------------------------
Wholesale                                        $288,729    $284,338
Retail                                            192,387     176,489
Correspondent Flow                                105,847     102,234
Correspondent Bulk                                 60,616      74,604
Called loans (1)                                   58,839           -
Net Cost to Produce (2)
-------------------------------
Wholesale                                            3.03%       3.46%
Retail                                               2.43%       2.46%
Correspondent Flow                                   3.34%       3.25%
Correspondent Bulk                                   5.78%       5.80%
Total Production                                     3.16%       3.43%
Cost to Service                                      0.32%       0.29%
Credit Quality
-------------------------------
Average Loan-To-Value                                79.1%       79.5%
Credit Score                                          613         606
Fixed Weighted Average Coupon                         8.3%        8.6%
ARM Weighted Average Coupon                           8.3%        8.6%
----------------------------------------------------------------------
Portfolio Statistics
Owned Portfolio Principal Balance (at period
 end)                                          $3,505,255  $3,042,971
Owned Portfolio Seriously
 Delinquent (3)                                       7.1%        6.2%
Owned Net Losses on Liquidated Loans - quarter
 ended trust basis (4) (5)                          2,595       2,357
Owned Net Losses on Liquidated Loans - quarter
 ended GAAP basis (4) (5)                           5,638       3,396
Total Serviced Portfolio Principal Balance (at
 period end)                                    7,575,560   6,914,663
Total Serviced Portfolio Seriously Delinquent(3)     11.3%       11.6%
Total Serviced Net Losses on Liquidated Loans
 - quarter ended trust basis                       25,857      27,000
----------------------------------------------------------------------
Key Ratios
Average Earning Assets (6)                     $3,256,898  $2,794,114
Average Assets                                  3,758,518   3,102,153
Average Equity                                    277,719     263,530
Return on Average Assets (ROA)(7)                     1.3%        1.1%
Return on Average Equity (ROE)(7)                    17.0%       12.9%
Average Equity/Average Assets(%)                      7.4%        8.5%
Interest Income/Average Earning Assets                7.8%        8.5%
Interest Expense/Average
 Earning Assets (8)                                   3.1%        3.4%
Interest Margin/Average Earning Assets                4.8%        5.1%
Operating expense/Servicing Portfolio (7)             1.2%        1.4%
Operating expenses/Average Assets (7)                 2.5%        3.2%
Efficiency Ratio (9)                                 55.8%       62.5%
----------------------------------------------------------------------
Common Stock Data
Basic earnings per share                            $0.42       $0.30
Diluted earnings per share                           0.41        0.29
Shares used to compute basic EPS                   28,152      28,101
Shares used to compute diluted EPS                 28,696      29,155
Shares outstanding (period end)                    28,236      28,120
Common Stock Price
High                                               $13.50      $16.15
Low                                                 $8.15      $10.27
Period End                                         $12.51      $11.07
Book value per share (period
 end)                                              $10.14       $9.52
----------------------------------------------------------------------
(1) Called loans are mortgages purchased from the SASTA 96-2,
97-1, 97-2, and 97-3 securitizations pursuant to the clean-up call
provision of the trust.
(2) Net cost to produce is defined as general and administrative
costs and premium paid, net of fees collected, divided by loan
production.
(3) Seriously delinquent is defined as 60 plus days past due.
(4) 2002 net losses on liquidated loans exclude losses of $12.6
million relating to sale of delinquent called loans purchased at a
discount and certain recoveries.
(5) GAAP requires losses to be recognized immediately upon the
loan transferring to real estate owned. The trust does not recognize a
loss on real estate owned property until it is sold, which causes a
timing difference between GAAP and trust losses. In addition, trust
losses exclude losses resulting from a delinquent loan sale.
(6) Average Earning Assets is a daily average balance of loans in
warehouse and securitized portfolio.
(7) Ratios are annualized.
(8) Interest expense excludes loan buydown and legal fees
associated with the warehouse facilities.
(9) Efficiency ratio is calculated as total expenses divided by
net revenues.
COPYRIGHT 2003 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2003, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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