Foreclosure

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!

Short Sale Mania

So, you think you want to buy a short sale?
 
Roughly 65% of all pending sales in our market fall into one or more distressed property catagories. That could be a short sale, pre-foreclosure, bank owned, etc.
 
The number of these pending sales equates to about twice the number of actual monthly closings. We are now learning that on a national basis, less than 20% of all submitted short sales are approved and actually close. Additionally, the process is becoming so protracted that many of the short sale buyers give up long before they get a response back from the foreclosing lender. With less than 20% of the short sale contracts being approved on a national basis, the odds of success are slim at best.    
 
So why do more than 80% of the short sales fail to close? Inexperience on the part of the real estate agents, period. The majority of short sale offers are so far below the lender’s minimum threshhold that the offers will never see the light of day. All these lowball offers only serve to bog down an already overwhelmed system.
 
So what to do?
 
Finding an experienced, qualified short sale agent should be your top priority. That is the single biggest factor in determining whether or not your transaction will be successful. Remember that for most real estate agents, the short sale business is a very recent phenomenon.  However, some of us have been orchestrating short sales for years. 
 
We know how to structure the short sale proposals. We know what the parameters are and what the lender will likely accept.  At 96%, our short sale success rate over the past three years far exceeds that of the national average.  There is no substitute for experience.

I am being evicted from a rental house because the house is being foreclosed. What can we do?

Typically, the bank will offer you what is called “Cash-for-Keys”. If you agree to leave within a few weeks or so, they will actually pay you for leaving the property in good condition. The amount of the offer may vary from one lender to another, and we have seen everything from $500 to $2,000.

Different states and municipalities may have certain regulations pertaining to evictions which may (or may not) provide you with additional rights, so it may be advisable to check with a local attorney or Legal Aid office for details. But bear in mind that if the lender has to forcibly evict you, they will be much less likely to offer you any money to leave.

Is a deed-in-lieu of foreclosure better on your credit score than a regular foreclosure?

 

Not really. According to local mortgage originators, your credit score will be lowered by approximately 280 points either way. A deed-in-lieu of foreclosure can be a better option because the agreement will typically stipulate that the bank will not seek a deficiency judgment against you. That is not true of a “regular” foreclosure, in which case a judgment can be obtained against you. According to our attorney, a default judgment against you in Florida can be kept alive forup to 20 years!