Foreclosure

A reader asks … Are short sales a better deal to buy than bank foreclosures?

Oftentimes yes. Lenders can be more motivated to approve a short sale as it can save them time and money as opposed to the foreclosure path.

However, according to RealtyTrac most major lenders are accelerating their foreclosure actions this year to the tune of about 25%. This more aggressive foreclosure activity is expected to result in a 60% increase in short sales.

While this may not necessarily bode well for property values in the near term, the market cannot fully recover until the distressed and shadow real estate inventory is absorbed.

For more on this topic, visit www.DestinFloridaRealEstate.com or email us at smith@realtor.com

5 Major Banks Roll Over

Under an agreement between the U.S. Attorney General’s office and five major U.S. banks, e.g.,  Bank of America, JPMorgan Chase, Wells Fargo, Citigroup and Ally Financial, the principal amount of mortgage loans for nearly 1 million homeowners will be reduced.

The agreement, worth an estimated $25 billion is also said to include a provision that would pay approximately $2,000 each to about 750,000 homeowners who may have been improperly foreclosed upon, particularly during the “robo-signing” period in which foreclosing lenders were accused of falsely and improperly executing foreclosure documents.

$10 billion is supposed to be earmarked for mortgage principal reduction. This may sound like a big number, that is, until you divide it by the number of homeowners affected. At 1 million targeted homeowners, this only equates to a reduction of about $10,000 per mortgage. As it is extremely rare to see a mortgage that is underwater by anything less than $50,000, this is an incidental gesture.

At least $3 billion is supposed to be earmarked for “refinancing”.  Again, if we do the math, this would only equate to 15,000 mortgages at $200,000 each.

According to the AG’s statement today, this settlement is “to ensure justice, and to recover losses, for victims of reckless and abusive mortgage practices”.  This agreement does none of those things. It certainly does nothing to ensure justice. It simply puts to rest a slew of politically motivated lawsuits in 49 of the 50 states. Oklahoma is the sole hold-out.

With 2.2 million mortgages said to be in some stage of foreclosure, today’s announcements look like little more than window dressing.  When the AG says “recover losses”,  the question becomes, recover losses for whom?  And who are these “victims of reckless and abusive mortgage practices”? No one put a gun to anyone’s head to force them to borrow money. No one forced anyone to take out a second mortgage or a cash-out refinance on their primary residence and then spend the money on condos, cars, boats, vacations  and bobbles.

This position on the part of our government serves to distract from the needs of the many responsible individuals who have become un or under-employed in this economic cycle.   Homeowners who are in need of mortgage assistance through no direct fault of their own. These responsible individuals are now being lumped into the same hamper as the so-called predatory buyers and mortgage abusers.  Is this just another way to reward those who abuse our system while punishing their responsible counter-parts?

In retrospect, it is clear that many banks were reckless and many borrowers were reckless.  The only difference between them? The banks can’t register to vote!

PMI Group, Inc. Files Chapter 11

According to PMI, their Chapter 11 bankruptcy filing is in response to the seizure of two of its subsidiaries by their primary regulator in Arizona last month. The subsidiaries include PMI Mortgage Insurance Co. and PMI Insurance Co., who make up a significant share of the private mortgage insurance market in the U.S.

 

According to PMI, they now wish to “raise additional capital from new investors in order to allow a third subsidiary, PMI Mortgage Assurance Company, to serve as a platform to write new mortgage insurance nationwide”.

 

The Arizona Department of Insurance said that PMI will be making claim payments “at 50 percent”. Presumably, that means that the unpaid balance of the claim will become part of the bankruptcy creditor claims. It is interesting that none of PMI’s subsidiaries themselves filed bankruptcy, only the parent company. While PMI states that they will continue to operate in the ordinary course of business, as a debtor-in-possession, their operations will be under the scrutiny of a Federal Bankruptcy Court.

 

Sitting on approximately $735 million in unsecured notes that are now due and payable, it is yet unclear as to how PMI’s move will impact the many lenders around the nation who are presently seeking claims reimbursements. Also in question is how this may impact the many tens of thousands of short sales that PMI has insured. If bankruptcy court approval will now be required for claims authorization, the short sale process nationwide and along the Emerald Coast as well could be dealt yet another unwanted setback. Time will tell.

Rescuing the Housing Market

According to a CNNMoney article today, many experts believe that the best medicine for the housing market is to speed up the foreclosure process,  and they believe that the Obama administration should pave the way!

 

Those of us who work in the trenches fully realize the futility of the attempts thus far by the Obama administration to stem the rising tide of delinquencies and foreclosures.  Jacksonville Florida based  Lender Processing Services, Inc.  states that of the 2.2 million loans in foreclosure today, approximately 37% (more than 800,000) have not made a single payment in more than 24 months. 750,000 of them have not made a payment in more than 12 months.

 

A rapidly growing number of such properties are in a declining state of disrepair, many are abandoned. How can this be good for neighborhoods, communities, and/or the housing market in general?  That which is good for the communities is good for our economies. That which is good for our housing markets is good for our economies. Want to create jobs and put people to work?  Stimulate the housing market!  

 

Generally speaking, I believe in and fully support a more limited federal government role in our lives. However, a very wise man once said, “If you find yourself in a hole, quit digging”. That is exactly what needs to be done in this case.  Somehow, some way, the nation’s largest lenders must be encouraged to accelerate the processes of a) Modifying the rates and/or terms on delinquent loans in their portfolios; b)  Approving short sales; c) Foreclosing the rest.

 

Often, it is the most complex problem that has the most simplistic solution. But don’t try to sell that in Washington, ‘cause as we say in the south, that dog won’t hunt.

Are Foreclosures on the Rise?

According to many sources, the banks are now “gearing up to play catch up” … After nearly a year of stalled foreclosure actions resulting from the “robo-signing” debacle last year, most lenders are now ratcheting up their foreclosure efforts. This will have some impact on the market as the REO inventories increase nationwide. Some markets had actually been seeing decreases in overall inventory levels.  This may soon change.

Buying Real Estate “as-is”

The term “as-is” in real estate can be misleading. Basically, if a property is promoted as such, the seller is simply stating that he/she does not intend to be obligated to make any repairs.

In such a transaction, the buyer is typically afforded the opportunity to inspect the property, and then withdraw should the inspection results not be satisfactory.

For information on Destin or Emerald Coast short sales, bank foreclosures and general real estate topics, please visit www.FloridaBrokers.com or email us at smith@realtor.com

What is the “due on sale clause” in my mortgage?”

The due on sale clause in today’s mortgages basically states that if you sell or transfer all or any part of your interest in the property without your lender’s prior written consent, the lender (at lender’s option) may declare you in default and require immediate payment in full of your entire mortgage balance. Even a lease option is considered transfer of interest and would trigger the due on sale or acceleration clause. 

 
There have been recent cases in which property owners have sold their homes to a “holding company” for some paltry, insignificant sum (perhaps $10 or so) in which the holding company agrees to be responsible for the future mortgage payments. The holding company charges the owner a fee of several thousand dollars for the privilege and then fails to make the payments.
 
As there are few (if any) mortgages today that are freely assumable, owners in such situations are almost certainly in violation of their mortgage agreements and will face foreclosure.

Can I do a deed in lieu of foreclosure instead of a short sale? How does that work?

A deed-in-lieu is sometimes considered by a lender instead of a foreclosure if the lender believes that doing so would result in less financial loss to them. Such may be the case if the property’s value and mortgage balance are similar. Properties with second mortgages and/or large unpaid assessments and/or judgments are not typically good candidates. 

The good news is that in the case of a deed-in-lieu, the lender will likely agree to not pursue you for a deficiency later, regardless how much loss they eventually suffer on the deal. Otherwise, (at least in Florida) a lender would have up to five years to pursue you. Your credit score will of course be negatively impacted, and it will be extremely difficult for you to obtain a home loan for a minimum of two years after the fact.

Is it possible to do a short sale when there is a second mortgage on the property?

Yes it is possible, but there can be twice as much work to do and more time required to get the short sale approved. Additionally, it is very important that the second mortgage not go more than ninety days in arrears. That is because as a matter of policy, many lenders will assign their seconds to a collection agency after three months of missed payments. These collection companies can be extremely difficult to work with and have been known to kill many a short sale.

If the first mortgagee in a foreclosure sale is “upside down”, meaning the value is less than the first mortgage balance, then the mortgageee in second position gets absolutely nothing.  Even so, many of these collection companies will make insane and unreasonable demands. As a typical example, one such collection company recently demanded $30,000 on a $60,000 second mortgage from the short sale seller who was basically destitute. This seller had lost his job, had spent every dollar of savings trying to keep up his payments. He had nothing left. He could no more come up with $30,000 than the man in the moon.
 
In that case, the first mortgagee was already taking a huge hit, writing off nearly $100,000. The first offered the collection agency in second position $5,000 to settle. The collection company would not agree, the property went to foreclosure and the collection company received exactly what they deserved, which is nothing.
 
In another case … We recently sold a  short sale condo across from the Gulf of Mexico. A collection company was involved and hindered the sale for 26 months!  Yes, we had the property under contract on five separate occassions over a 26 month period of time. Even funnier? We originally had the property under contract for $325,000. 26 months later when the collection company finally agreed to the terms, we sold and closed the property for $209,000.  Effectively, the collection company cost the first mortgagee $116,000.  Even funnier still?  The first morgagee also owned the second mortgage and had assigned it to the collection company.  The collection company was negotiating against their own client!!
 
Some day we will look back at all this and laugh …??

If I make an offer on a property, isn’t the listing agent required by law to present it to the seller?

Not necessarily. Particularly in the case of bank owned properties, we are seeing more cases in which the seller (bank) instructs the listing agent to only submit offers that meet certain criteria such as price range, closing time frames, and the utilization of special addenda.

As lenders continue to wrestle with the overwhelming demands and requirements to process the rising number of foreclosures nationwide, this will likely become more commonplace.

For information on short sales, bank foreclosures and general real estate topics, please visit www.FloridaBrokers.com  or email us at smith@realtor.com