Unassociated Document

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
 
FORM 8-K
 
CURRENT REPORT
_______________________________________________
 
Pursuant to Section 13 or 15(d) of
The Securities Exchange Act of 1934
 
Date of report
(Date of earliest event reported): March 4, 2010
 
OCWEN FINANCIAL CORPORATION
(Exact name of registrant as specified in its charter)
 
Florida
 
1-13219
 
65-0039856
(State or other jurisdiction
of incorporation)
 
(Commission
File Number)
 
(I.R.S. Employer
Identification No.)
 
     
1661 Worthington Road
Suite 100
West Palm Beach, Florida
 
33409
(Address of principal executive office)
 
(Zip Code)
 
Registrant’s telephone number, including area code: (561) 682-8000
 
N/A
(Former name or former address, if changed since last report)
 
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
 
o
Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
   
o
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
   
o
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
   
o
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
 
 
Exhibit Index on Page 4

 
Item 2.02
Results of Operations and Financial Condition
The news release of the Registrant dated March 4, 2010, announcing its preliminary results for the fourth quarter and year 2010 is attached hereto as Exhibit 99.1. The information in Exhibit 99.1 attached hereto shall not be deemed to be “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, except as shall be expressly set forth by specific reference in such filing.
 
Item 9.01
Financial Statements and Exhibits

(a) – (c)
Not applicable.
   
(d)
Exhibits:
 
     
 
99.1
Text of a press release by the Registrant dated March 4, 2010.
 
Page 2 of 4

SIGNATURES
 
Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the registrant has duly caused this report to be signed on its behalf by the undersigned, hereunto duly authorized.
 
   
OCWEN FINANCIAL CORPORATION
   
(Registrant)
 
       
Date:
March 4, 2010
By:
/s/ David J. Gunter
     
David J. Gunter
     
Executive Vice President and Chief Financial Officer
     
(On behalf of the Registrant and as its principal financial officer)
 
Page 3 of 4

 
INDEX TO EXHIBIT
 
Exhibit No.
 
Description
     
99.1
 
News release of Ocwen Financial Corporation, dated March 4, 2010, announcing its preliminary results for the fourth quarter and year 2010 and certain other information.
 

 
Page 4 of 4

 
Unassociated Document
  (ocwen logo)
Exhibit 99.1
Ocwen Financial Corporation®
   
FOR IMMEDIATE RELEASE
FOR FURTHER INFORMATION CONTACT:
David J. Gunter
Executive Vice President & Chief Financial Officer
T: (561) 682-8367
E: David.Gunter@Ocwen.com
 
OCWEN FINANCIAL CORPORATION ANNOUNCES PRELIMINARY
FOURTH QUARTER AND 2009 FINANCIAL RESULTS

West Palm Beach, FL – (March 04, 2010) Ocwen Financial Corporation (“Ocwen” or the “Company”) (NYSE:OCN) today reported estimated net income of $9.4 million or $0.09 per diluted share for the fourth quarter of 2009. This compares to a net loss of $4.3 million or $0.07 per share for the fourth quarter of 2008. Pre-tax income from continuing operations was $20.2 million for the fourth quarter of 2009 as compared to a pre-tax loss of $4.0 million for the fourth quarter of 2008. For the year ended December 31, 2009, the $50.6 million one-time tax expense arising from the separation of Altisource Portfolio Solutions S.A. (formerly Ocwen Solutions) in August, and the fourth quarter valuation allowance related to a non-cash deferred tax asset arising from deductibility of losses in a finance vehicle, lowered estimated net income to $0.3 million as compared to $13.2 million or $0.21 per diluted share for 2008.  The company’s estimated fourth quarter 2009 financial results are preliminary and subject to change.

Income from continuing operations before income taxes was $93.3 million for the full year 2009 compared to $31.0 million for 2008.  This improvement of 201% was driven by a $46.7 million swing in gains versus losses in trading securities, a $23.6 million reduction in interest expense and a reduction of equity in losses of unconsolidated entities of $10.2 million.

FOURTH QUARTER BUSINESS PERFORMANCE HIGHLIGHTS
 
Ocwen issued $210 million of advance receivable backed notes under the TALF program in December 2009 and another $200 million in February 2010.   These financings were for terms of 30 and 24 months and fixed interest rates at 4.14% and 3.59%, respectively. As a result of these two financings, Ocwen’s asset liability structure is asset sensitive.
 
The residential servicing portfolio grew by $9.7 billion or 24% over the third quarter of 2009.
 
Completed modifications for the fourth quarter of 15,677 exceeded the top end of our previous guidance of 10,000 to 15,000.  This 124% increase over third quarter modifications included 4,296 HAMP modifications.
 
Income from operations grew by 21% over the third quarter of 2009 principally due to an increase in revenues in the Servicing segment of $9.4 million.
 
Equity now exceeds liabilities as a result of our repayment of the Investment line subsequent to year end.
 
Ocwen completed the sale of Bankhaus Oswald Kruber during the quarter recognizing income of $2.5 million from discontinued operations, net of income taxes.
 
“Ocwen continues its quality leadership in special servicing.  We have the highest conversion rate from trial to completed modifications under HAMP while maintaining a re-default rate of one-half the industry” said Ron Faris, President of Ocwen.  “I am pleased that our portfolio grew 24% to $50.0 billion in the fourth quarter.  Coupled with our growth in modifications, revenue for our Servicing segment increased 15% over the third quarter while operating expenses declined by 4%.  Our Servicing pre-tax income increased 66% from the prior quarter.”

 
Ocwen Financial Corporation
Fourth Quarter 2009 Results
March 4, 2010
 
Chairman and CEO William Erbey added, “Strategic priorities for 2010 are:
Establish predictable and sustainable revenue growth in our servicing operations,
Improve process efficiencies to further reduce costs,
Improve quality, and
Reduce asset intensity and, therefore, enhance return on equity.”

“Establishing predictable and sustainable revenue growth is our most pressing issue.  As such, we have a three pronged approach:
Expand our governmental servicing and special servicing activities,
Develop flow FHA servicing, and
Acquire existing servicing portfolios.  We are evaluating four servicing acquisitions, two of which, totaling $35 billion, are nearing final decisions.”

Servicing
In comparison to the fourth quarter of 2008, revenue was 5% lower while operating expenses were 24% favorable as the shift towards subservicing and special servicing reduced amortization expense by 45%.  Pre-tax income for Servicing of $29.3 million was 65% higher than the same quarter last year due to decreases in amortization of servicing rights, servicing and origination and interest expense.

Loans and Residuals
Loans and Residuals incurred a loss from continuing operations before taxes of $2.1 million as compared to $5.1 million in the fourth quarter of 2008.  The change is primarily due to lower unrealized losses driven by declines in the estimated market value of loans and real estate.

Asset Management Vehicles
Losses from continuing operations before taxes for Asset Management Vehicles decreased to $1.8 million as compared to $3.1 million in the fourth quarter of 2008.  This improvement reflects lower unrealized losses on residual securities and lower realized and unrealized losses on real estate.

Corporate
In the fourth quarter of 2009, losses from continuing operations before taxes improved 71% primarily due to reduced unrealized losses on auction rate securities, as compared to the fourth quarter of 2008.  Since September 30, 2009, auction rate securities with a carrying value of $124.4 million were sold at a $1.4 million loss and the Investment line was repaid.  As a result of the sales and changes in fair value, holdings in auction rate securities are currently $124.6 million.  Of the auction rate securities remaining on the balance sheet, $86.5 million were financed by $75.0 million of non-recourse debt with a maturity in October 2012.

Total consolidated assets declined 21% to $1,769.4 million for the year due to $234.1 million of reductions in advances and match funded advances, the distribution of $88.5 million of assets in the separation of Altisource Portfolio Solutions S.A. and our strategy to use cash to lower interest expense.  Corresponding changes in liabilities resulted in a 44% reduction to $903.5 million.

Prior periods were adjusted to give effect to the required retrospective adoption of new accounting guidance which caused us to recognize additional non-cash interest expense related to the convertible notes outstanding.

 
Ocwen Financial Corporation is a leading provider of residential and commercial loan servicing, special servicing and asset management services.  Ocwen is headquartered in West Palm Beach, Florida with offices in California, the District of Columbia and Georgia and support operations in India and Uruguay.  Utilizing proprietary technology and world-class training and processes, we provide solutions that make our clients' loans worth more.  Additional information is available at www.ocwen.com.
2

 
Ocwen Financial Corporation
Fourth Quarter 2009 Results
March 4, 2010
 
This news release contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended, including, but not limited to, the securitization market and our plans to securitize loans and expectations as to the impact of rising interest rates and cost-effective resources in India. Forward-looking statements are not guarantees of future performance, and involve a number of assumptions, risks and uncertainties that could cause actual results to differ materially.
 
Important factors that could cause actual results to differ materially from those suggested by the forward-looking statements include, but are not limited to, the following: general economic and market conditions, prevailing interest or currency exchange rates, governmental regulations and policies, international political and economic uncertainty, availability of adequate and timely sources of liquidity, federal income tax rates, real estate market conditions and trends and the outcome of ongoing litigation as well as other risks detailed in Ocwen’s reports and filings with the Securities and Exchange Commission, including its Registration Statement No. 333-160626 and 333-163996 on Form S-3 and its periodic report on Form 10-K for the year ended December 31, 2008 and Forms 10-Q for the quarters ended March 31, 2009, June 30, 2009, and September 30, 2009.  The forward-looking statements speak only as of the date they are made and should not be relied upon. OCN undertakes no obligation to update or revise the forward-looking statements.
 
Residential Servicing Statistics (Dollars in thousands)
   
At or for the three months ended
 
 
December 31,
2009
   
September 30,
2009
   
June 30,
2009
   
March 31,
2009
   
December 31,
2008
 
Total unpaid principal balance of loans and REO serviced
  $ 49,980,077     $ 40,293,698     $ 38,406,007     $ 40,789,135     $ 40,171,532  
Non-performing loans and REO serviced as a % of total UPB (1)
    25.6 %     26.9 %     27.4 %     25.1 %     24.3 %
Prepayment speed (average CPR)
    19 %     20 %     22 %     22 %     25 %
 
(1)  
Loans for which borrowers are making scheduled payments under modification, forbearance or bankruptcy plans are considered performing loans. Non-performing loans exclude those serviced under special servicing agreements where we have no obligation to advance.
 
3

 
Ocwen Financial Corporation
Fourth Quarter 2009 Results
March 4, 2010
 
Segment Results (Dollars in thousands) (UNAUDITED)
 
   
Three months
   
Twelve months
 
For the periods ended December 31,
 
2009
   
2008
   
2009
   
2008
 
         
(As adjusted)
         
(As adjusted)
 
Ocwen Asset Management
                       
                         
Servicing
                       
Revenue
  $ 72,327     $ 75,740     $ 272,725     $ 340,725  
Operating expenses
    30,472       40,060       129,252       164,292  
Income from operations
    41,855       35,680       143,473       176,433  
Other expense, net
    (12,555 )     (17,886 )     (55,792 )     (75,663 )
Income from continuing operations before taxes
    29,300       17,794       87,681       100,770  
Loans and Residuals
                               
Revenue
                       
Operating expenses
    631       800       2,831       3,025  
Loss from operations
    (631 )     (800 )     (2,831 )     (3,025 )
Other expense, net
    (1,427 )     (4,315 )     (6,290 )     (11,657 )
Loss from continuing operations before taxes
    (2,058 )     (5,115 )     (9,121 )     (14,682 )
Asset Management
                               
Revenue
    422       667       1,851       3,664  
Operating expenses
    578       896       3,108       4,113  
Loss from operations
    (156 )     (229 )     (1,257 )     (449 )
Other expense, net
    (1,594 )     (2,822 )     (4,060 )     (9,364 )
Loss from continuing operations before taxes
    (1,750 )     (3,051 )     (5,317 )     (9,813 )
Income from continuing operations before income taxes
    25,492       9,628       73,243       76,275  
                                 
Ocwen Solutions
                               
Mortgage Services
                               
Revenue
          15,153       54,052       58,733  
Operating expenses
          12,162       37,040       46,299  
Income  from operations
          2,991       17,012       12,434  
Other income, net
          181       803       828  
Income from continuing operations before taxes
          3,172       17,815       13,262  
Financial Services
                               
Revenue
          16,653       40,293       73,835  
Operating expenses
          17,617       45,002       79,757  
Loss from operations
          (964 )     (4,709 )     (5,922 )
Other expense, net
          (524 )     (1,260 )     (1,953 )
Loss from continuing operations before taxes
          (1,488 )     (5,969 )     (7,875 )
Technology Products
                               
Revenue
          10,717       28,331       45,283  
Operating expenses
          7,685       18,638       35,895  
Income from operations
          3,032       9,693       9,388  
Other expense, net
          (87 )     (103 )     (5,808 )
Income from continuing operations before taxes
          2,945       9,590       3,580  
Income from continuing operations before income taxes
          4,629       21,436       8,967  
                                 
Corporate Items and Other
                               
Revenue
    385       2       1,066       156  
Operating expenses
    4,942       4,537       16,308       18,743  
Loss from operations
    (4,557 )     (4,535 )     (15,242 )     (18,587 )
Other income (expense), net
    (741 )     (13,679 )     13,824       (35,673 )
Loss from continuing operations before taxes
    (5,298 )     (18,214 )     (1,418 )     (54,260 )
                                 
Corporate Eliminations
                               
Revenue
    (386 )     (7,541 )     (17,590 )     (30,268 )
Operating expenses
    (117 )     (7,201 )     (16,525 )     (28,769 )
Loss from operations
    (269 )     (340 )     (1,065 )     (1,499 )
Other income, net
    269       340       1,065       1,499  
Income from continuing operations before taxes
                       
Consolidated income (loss) from continuing operations before income taxes
  $ 20,194     $ (3,957 )   $ 93,261     $ 30,982  
 
4

 
Ocwen Financial Corporation
Fourth Quarter 2009 Results
March 4, 2010
 
OCWEN FINANCIAL CORPORATION AND SUBSIDIARIES
CONSOLIDATED STATEMENTS OF OPERATIONS
(Dollars in thousands, except share data)
(UNAUDITED)
 
   
Three months
   
Twelve months
 
For the periods ended December 31,
 
2009
   
2008
   
2009
   
2008
 
         
(As Adjusted)
         
(As Adjusted)
 
Revenue
                       
Servicing and subservicing fees
  $ 62,635     $ 77,826     $ 264,467     $ 368,026  
Process management fees
    9,710       31,450       108,082       113,244  
Other revenues
    403       2,115       8,179       10,858  
Total revenue
    72,748       111,391       380,728       492,128  
                                 
Operating expenses
                               
Compensation and benefits
    12,862       28,982       87,620       125,549  
Amortization of servicing rights
    6,485       11,749       32,228       52,461  
Servicing and origination
    2,376       15,362       38,653       52,951  
Technology and communications
    5,712       4,614       20,066       22,327  
Professional services
    4,428       7,557       26,200       34,615  
Occupancy and equipment
    3,929       5,507       18,985       22,978  
Other operating expenses
    714       2,785       11,902       12,474  
Total operating expenses
    36,506       76,556       235,654       323,355  
                                 
Income from operations
    36,242       34,835       145,074       168,773  
                                 
Other income (expense)
                               
Interest income
    2,375       3,204       8,786       14,696  
Interest expense
    (12,846 )     (20,061 )     (62,954 )     (86,574 )
Gain (loss) on trading securities
    (2,159 )     (13,114 )     11,187       (35,480 )
Loss on loans held for resale, net
    (2,349 )     (5,984 )     (11,132 )     (17,096 )
Equity in losses of unconsolidated entities
    (1,325 )     (2,482 )     (2,933 )     (13,110 )
Other, net
    256       (355 )     5,233       (227 )
Other expense, net
    (16,048 )     (38,792 )     (51,813 )     (137,791 )
                                 
Income (loss) from continuing operations before income taxes
    20,194       (3,957 )     93,261       30,982  
Income tax expense
    13,307       313       96,110       12,006  
Income (loss) from continuing operations
    6,887       (4,270 )     (2,849 )     18,976  
Income (loss) from discontinued operations, net of income taxes
    2,488       (195 )     3,121       (5,767 )
Net income (loss)
    9,375       (4,465 )     272       13,209  
Net loss (income) attributable to non-controlling interests
    14       184       25       41  
Net income (loss) attributable to Ocwen Financial
Corporation (OCN) 
  $ 9,389     $ (4,281 )   $ 297     $ 13,250  
                                 
Basic earnings per share
                               
Income (loss) from continuing operations
  $ 0.07     $ (0.07 )   $ (0.04   $ 0.30  
Income (loss) from discontinued operations
    0.02             0.04       (0.09 )
Net income (loss) attributable to OCN
  $ 0.09     $ (0.07 )   $     $ 0.21  
                                 
Diluted earnings per share
                               
Income (loss) from continuing operations
  $ 0.07     $ (0.07 )   $ (0.04 )   $ 0.30  
Income (loss) from discontinued operations
    0.02             0.04       (0.09 )
Net income (loss) attributable to OCN
  $ 0.09     $ (0.07 )   $     $ 0.21  
                                 
Weighted average common shares outstanding
                               
Basic
    99,871,247       62,716,530       78,252,000       62,670,957  
Diluted
    107,150,497       62,716,530       78,252,000       62,935,314  
 
5

Ocwen Financial Corporation
Fourth Quarter 2009 Results
March 4, 2010
OCWEN FINANCIAL CORPORATION AND SUBSIDIARIES
CONSOLIDATED BALANCE SHEETS
(Dollars in thousands, except share data)
(UNAUDITED)
 
   
December 31,
2009
   
December 31,
2008
 
         
(As Adjusted)
 
Assets
           
Cash
  $ 90,919     $ 201,025  
Trading securities, at fair value
               
Auction rate
    247,464       239,301  
Subordinates and residuals
    3,692       4,369  
Loans held for resale, at lower of cost or fair value
    33,197       49,918  
Advances
    145,914       102,085  
Match funded advances
    822,615       1,100,555  
Mortgage servicing rights
    117,802       139,500  
Receivables, net
    67,095       39,907  
Deferred tax assets, net
    132,683       175,145  
Intangibles, including goodwill of $9,836 at December 31, 2008
          46,227  
Premises and equipment, net
    3,325       12,926  
Investments in unconsolidated entities
    15,008       25,663  
Other assets
    89,636       100,479  
Total assets
  $ 1,769,350     $ 2,237,100  
                 
Liabilities and Equity
               
Liabilities
               
Match funded liabilities
  $ 465,691     $ 961,939  
Lines of credit and other secured borrowings
    55,810       116,870  
Investment line
    156,968       200,719  
Servicer liabilities
    38,672       135,751  
Debt securities
    95,564       133,367  
Other liabilities
    90,782       78,813  
Total liabilities
    903,487       1,627,459  
                 
Equity
               
Ocwen Financial Corporation stockholders’ equity
               
Common stock, $.01 par value; 200,000,000 shares authorized;
99,956,833 and 62,716,530 shares issued and outstanding at
December 31, 2009 and 2008, respectively
    1,000       627  
Additional paid-in capital
    459,542       201,831  
Retained earnings
    405,198       404,901  
Accumulated other comprehensive income (loss), net of income taxes
    (129 )     1,876  
Total Ocwen Financial Corporation stockholders’ equity
    865,611       609,235  
Non-controlling interest in subsidiaries
    252       406  
Total equity
    865,863       609,641  
Total liabilities and equity
  $ 1,769,350     $ 2,237,100  
 
6