phyllis on June 27th, 2009

Posted By Steve Cook On June 17, 2009 @ 12:19 pm In Beyond Today’s News, Foreclosure Situation

For a year or so, rumors of a “shadow inventory” of foreclosed homes have captivated the real estate industry. Over the months bloggers have grown the idea into a huge, sinister phenomenon that is distorting our understanding of the foreclosure picture and threatening to swamp local markets like a bursting dam.  Is the shadow inventory real? Is it really as bad as people say?

Like most foreclosure developments, the shadow inventory was born in California a year ago. It first hit the big time when Peter Viles wrote in the LA Times blog on August 8 that “there’s a theory floating around various blogs that listed inventory is deceptive because banks and lenders are quietly sitting on large and growing piles of foreclosed houses — so-called shadow inventory. The theory continues that banks fear that putting the entire inventory on the market at once would put even more downward pressure on prices.”

(Note: The shadow inventory caused by banks allegedly withholding REOs from the market is different from the shadow inventory caused by homeowners who would like to sell but are waiting for better prices. We prefer to refer to the latter as “pent-up supply.”)

In many West Coast markets last fall, concern grew over discrepancies between the number of listings reported by MLSs and foreclosures reported banks. In LA, for example, Deutsche Bank reported the inventory of foreclosed homes in Greater Los Angeles to be 88,843 units; far higher than the entire MLS-listed inventory for the metro area, 62,379.

In the Bay Area, a San Francisco Chronicle analysis of data from San Diego’s MDA DataQuick shows that more than one-third of foreclosures are in shadow territory - that is, they are not registering in county records as having been resold.

For the next eight months, the shadow inventory was largely a West Coast phenomenon until Rick Sharga, vice president of RealtyTrac, took the shadow national in a widely republished April 8 article in the Chronicle by Carolyn Said:

“We believe there are in the neighborhood of 600,000 properties nationwide that banks have repossessed but not put on the market,” said Rick Sharga, vice president of RealtyTrac, which compiles nationwide statistics on foreclosures. “California probably represents 80,000 of those homes. It could be disastrous if the banks suddenly flooded the market with those distressed properties. You’d have further depreciation and carnage.”

The Shadow Inventory was off to the races. In the past two months bloggers have written that banks across the nation are “gaming the system” to keep prices artificially high so that they can get more for their REOs, that the Obama administration may have leaned on banks not to release the entire foreclosure inventory at once in order to preserve neighborhood values, that neighborhoods suffer greatly from shadow inventory-unused houses tend to attract vandals, squatters and a host of other troubles;

The Calculated Risk blog even shared a Realtor’s tour of “shadow inventory” homes, http://www.calculatedriskblog.com/2009/06/jim-realtor-tour-of-shadow-inventory.html

 

Here’s the latest. San Diego is currently suffering a “reverse shadow inventory.” More properties are listed on the Sandicor MLS than are really available because a number of short sales are “sitting around” in limbo with offers from buyers that banks take a month or more to approve. Find out more at Voice of San Diego, http://www.voiceofsandiego.org/articles/2009/06/15/toscano/703reverseshadowinventory061509.txt

Some thoughts about the Shadow Inventory:

1. It’s not likely that banks would withhold properties from the market today in the hope of better prices tomorrow. Virtually every respected housing economist expects existing home prices on a national level to drop farther. When they will stabilize is anyone’s guess. Local values also are extremely difficult to judge. With foreclosures continuing to rise in the markets supposedly with shadow inventories, withholding properties may take owners into a worse market than the one they are in.

2. The volume of foreclosures hitting many markets is unprecedented. Banks were unprepared. Processing REOs takes staff time many don’t have. Cleaning and preparing properties for sale is a major undertaking and there are few vendors available. In major foreclosure markets like Las Vegas, where 75 percent of the listings are REOs, the strain on resources is immense.

3. The California moratorium on foreclosures may be contributing to the Shadow Inventory. Default filings over the past six months did not translate into foreclosures until the moratorium was lifted May 22.

4. Most banks today are focused on short-term results. They are not inclined to move quickly and spend resources to realize losses such as REO sales and short sales.

There’s no question that swome lenders take an extraordinary amount of time to process REOs, especially in the heaviest foreclosure markets where their resources are stretched thin. Oversupply and understaffing may be more at fault than any systematic strategy to game the market. Whether by intent or inadvertently, delaying the marketing of foreclosed properties postpones the day that the oversupply of distressed and discounted properties will be absorbed by the market and prices will stabilize.

When all is said and done, though, is the Shadow Inventory worth losing sleep over?  Not according to Sean O’Toole, founder and CEO of Foreclosure Radar.  “I think it is largely a non-issue at this point, at least in CA. Through September of last year banks were adding more foreclosures to their inventory then they were selling, but since then they have been selling more. We think at most there are 100k homes in bank inventory in CA at the moment. Many of those will be listed or in escrow. A good chunk of the remainder will be working through eviction and cleanup. Still with foreclosure resales around 20k units a month in the state, I think it is a manageable number, and overall no longer an issue,” he told Real Estate Economy Watch.

 

Bookmark and Share
phyllis on March 23rd, 2009

 

Jim Wesseman writes in last Fridays Sacramento bee:

Prices keep falling.

February brought the lowest median sales price to Sacramento County’s housing market since December 2000 as bank repos drove a decline to $160,000, researcher MDA DataQuick said Thursday.

The county median, where half the houses sold cost more and half less, is down 59 percent from a 2005 high of $387,000.

But what’s clearly a distress signal for homeowners is proving a boon for area buyers like Alethea Lara. The single mother and first-time buyer will close escrow today on a $180,000 sale in Elk Grove.

“It went for $315,000 when the market was hot, so I scored,” said the 34-year-old state worker.

Lara’s real estate agent, Chris Saizan of Keller Williams, said lowered prices, 5 percent interest rates and an $8,000 tax credit for first-time buyers make this the most affordable market for many in 15 years. Even in the Bay Area, a median price driven by repo sales and lack of higher-end sales fell below $300,000 for the first time since December 1999, DataQuick reported.

The plunging medians don’t reflect overall home values, DataQuick analyst Andrew LePage said. Higher-priced homes aren’t selling in large numbers and “that exacerbates the decline in the median,” he said.

Altogether, 2,809 homes changed hands during the month in Amador, El Dorado, Nevada, Placer, Sacramento, Sutter, Yolo and Yuba counties, DataQuick reported. That compared with 2,162 in February 2008, 2,534 in February 2007 and 3,185 sales in February 2006.

Regional highlights:

• The 1,895 escrow closings in Sacramento County were the highest for a February since 2005. Just 87 sales involved new houses, the fewest since DataQuick began keeping statistics in 1988. The firm said 68.1 percent of county sales were bank repos. That drove the investor share of sales to 28.4 percent, the most since the boom’s 2004 height.

• Placer County reported 355 closed escrows, down 13.2 percent from February 2008. Its $315,000 median sales price was down 13.5 percent.

• El Dorado County reported 128 sales, up about 1 percent from February 2008. A $325,000 median was down 19.8 percent from last year.

• Yolo County’s 136 escrow closings were up 13.3 percent from the same month last year. The median price dipped to $219,000, down 31 percent from February 2008.

• Median prices dropped below $150,000 in Yuba and Sutter counties. Yuba County’s median was $148,500, lowest in the region. Sutter County’s fell to $149,000.

In Elk Grove, Lara’s deal will move her into a 1,200-square-foot foreclosed home built in 2000. She said it needs paint and maybe new carpet, the standout among 10 repos she toured with her 15-year-old son in January and February.

“I didn’t have a lot of money and wanted an area that’s safe to raise my son and I,” she said.

February was the 11th straight month that the region’s sales counts exceeded the same time a year earlier. Before that, year-over-year sales fell for 37 months following the market’s 2005 and 2006 peaks.

Market watchers credit nearly a year of sales gains to banks’ aggressive discounts on repo properties. The traditional move-up market, meanwhile, has become a quiet zone, said Placer County real estate agent Bob Montuori.

“To sell now and buy now? It’s a tough position,” he said.

Montuori, of Davis & Davis Associates, said he believes the staggering numbers of bank repos that have dominated the capital-area market are soon to be history. He said the number of repos on the market are half what they were eight months ago. That portends a market returning to “regular resales,” he said.

“I think we’re done unless unemployment creates another wave,” he said.

Other agents aren’t so sure. Some believe banks are sitting on another wave of repos for spring.

Sacramento researcher TrendGraphix, indeed, reported that a sustained buying spree has lowered the number of homes for sale in El Dorado, Placer, Sacramento and Yolo counties to 8,629. That’s the lowest since December 2005. The peak was 16,262 in August 2007.

Saizan said he believes that as the spring sales season opens there will be more buyers in the Sacramento County market than homes for sale.

“I’m not saying we’re at the bottom of the market. But when you have more demand than product, usually that doesn’t mean prices are going to continue to plummet.”

Saizan said Sacramento’s rapid price declines put it ahead in the nation’s quest for recovery. He said, “I talk with Realtors in Kansas City and Ohio and North Carolina, and what their markets are going through we went through two years ago.”

Bookmark and Share

This is amazing. It was published in the Sacramento Bee today. Check it out! Incredibly sad!

http://www.sacbee.com/1232/rich_media/1644470.html

Bookmark and Share
phyllis on February 6th, 2009
WASHINGTON (AP) — The Senate voted Wednesday night to give a tax break of up to $15,000 to homebuyers in hopes of revitalizing the housing industry, a victory for Republicans eager to leave their mark on a mammoth economic stimulus bill at the heart of President Obama’s recovery plan.

The tax break was approved without dissent and came on a day in which Obama pushed back pointedly against Republican critics of the legislation even as he reached across party lines to consider a reduction in the spending it contains.

“Let’s not make the perfect the enemy of the essential,” Obama said as Senate Republicans stepped up their criticism of the bill’s spending and pressed for additional tax cuts and relief for homeowners. He warned that failure to act quickly “will turn crisis into a catastrophe and guarantee a longer recession.”

Democratic leaders have pledged to have legislation ready for Obama’s signature by the end of next week.

While they concede privately they will have to accept some spending reductions along the way, conservative Republicans failed in their initial attempts to force deep cuts in the bill.

Bookmark and Share
phyllis on January 29th, 2009

This article was writtin by Jim Wasserman in the Sacramento Bee:

A year that will be long remembered for financial earthquakes and trouble for homeowners ended with a surprise.

Foreclosures fell in California and the capital region to their lowest levels in months during the final quarter of 2008. But don’t think it’s over.

The first drop in foreclosures in more than two years may be temporary, analysts warned Tuesday.

Even as new legislation, moratoriums and alternatives such as short sales and loan modifications have slowed foreclosures, another wave could begin this year, many warn, as new categories of risky housing boom loans reset in higher-end neighborhoods.

“The last 60 days it’s really become palpable. More El Dorado Hills and Sierra Oaks agents are seeing more people request homes for sale with short sales,” said Mike Lyon, head of Sacramento-based Lyon Real Estate.

Short sales, in which borrowers ask banks to accept less than owed, are a warning of defaults and foreclosures.

Accelerating job losses, too, are pushing California households toward the cliff, said the Mortgage Bankers Association, a lending industry trade group in Washington, D.C.

That’s the new face of struggling borrowers, confirmed Martha Lucey, president of Fresno-based By Design Financial Solutions. She said her nonprofit loan counseling firm with offices in the nation’s leading foreclosure belt – the Central Valley – sees fewer subprime loan problems and more “individual family issues. Somebody lost their job. Somebody got a divorce.”

Statistics released Tuesday by La Jolla researcher MDA DataQuick show 4,413 fourth-quarter foreclosures in Amador, El Dorado, Nevada, Placer, Sacramento, Sutter, Yolo and Yuba counties.

That was down from 7,769 in the third quarter and the lowest since the end of 2007.

Foreclosures by county:

• Amador, 35.

• El Dorado, 157.

• Nevada, 82.

• Placer, 450.

• Sacramento, 3,167.

• Sutter, 148.

• Yolo, 211.

• Yuba, 163.

California had 46,183 fourth-quarter foreclosures, about the same as the first quarter of 2008.

The capital region closed 2008 with 23,525 foreclosures. That was twice the region’s 10,049 foreclosures during 2007.

California finished 2008 with 237,131 foreclosures, according to DataQuick. That was almost triple the 2007 total of 84,326 foreclosures. The researcher said 2.8 percent of California’s 8.5 million homes and condos went back to lenders last year.

Nationally, about 1 million homes went into foreclosure in 2008, according to Fair Oaks-based foreclosures.com, a Web site for investors.

In a statement Tuesday, DataQuick President John Walsh said forecasting 2009 is almost “impossible,” given today’s “atypical market trends.”

While falling home prices and rising unemployment threaten new foreclosures, Congress is simultaneously ramping up pressure on lenders to ease up on borrowers. Lawmakers are threatening to let bankruptcy judges rewrite loan terms.

Much of the lending industry is opposed.

“On this position we will not waiver,” said Mortgage Bankers Association Chairman David G. Kittle, in a Monday conference call with reporters.

Congress is also expected to pass an $825 billion economic stimulus plan containing $50 billion to $100 billion to help borrowers keep their homes.

On Tuesday, DataQuick attributed California’s dramatic late 2008 drop in foreclosures to a state law, Senate Bill 1137, that took effect in September. It forces lenders to make contact with struggling borrowers and offer alternatives before foreclosing.

Statistics show the law immediately slowed the number of defaults. In September, lenders filed just 14,995 notices of default statewide, compared with an average of 40,000 from March through August.

But that was temporary. Defaults reached 39,993 in December, suggesting a major resumption of foreclosures in months ahead.

Defaults in Sacramento and Placer counties also reverted to August levels by December, DataQuick said.

“Realistically, unless loans can be restructured or modified, this law only serves to delay the inevitable,” wrote Garrick Brown, director of research at broker Colliers International in Sacramento, in a regional forecast this week.

Lyon said he recently told the Placer County Association of Realtors it will take another four years to work through the region’s housing slump.

Partly, he said, that’s due to projected waves of resetting Alt-A loans (a category often given to the self-employed; it’s not as risky as subprime, but is riskier than traditional 30-year fixed loans) and so-called pick-a-payment loans, also known as option ARMS (loans that keeping growing as people make the minimum of four payment options).

“I think it really gets back to those Alt-A’s,” he said, explaining rising stresses in capital-area neighborhoods that have considered themselves immune from the housing crisis.

“Those loans are adjusting, and people are stuck,” he said, “paying 7 percent to 9 percent interest.”

Bookmark and Share
phyllis on November 6th, 2008

The day after Barack Obama was elected president, at least 33 more bankruptcies were filed in Sacramento. Foreclosures continued their assault on the region’s housing market. And California’s unemployment rate was still more than 7 percent.

In other words, for all of Obama’s campaign talk about using the power of the government to revive the economy, it’s a near certainty that he’ll be unable to reverse the downturn quickly.

“The U.S. economy is like an aircraft carrier – you cannot turn it around on a dime,” said economist Sung Won Sohn of California State University, Channel Islands. “He’ll try to minimize the pain, but I don’t think he can fix the economy in a hurry.”

Yet there was a feeling that the conclusion of the election campaign could bring some much-needed certainty to the struggling economy. Steven Krohn, a Sacramento economist and real estate broker, said the seemingly endless campaign made consumers wary of making big-ticket purchases. Now that it’s over, confidence could improve.

“It’ll be interesting to see this weekend how many people go through open houses and that sort of thing,” said Krohn, who’s with the Real Estate Group Inc. of Sacramento. “My expectation is that there will be more.”

It’s clear the president-elect will inherit a deeply troubled economy. Right on cue, the Dow Jones fell 486.01 points Wednesday, and cable business-news channel CNBC flashed a headline saying, “Obama honeymoon over.”

The market dropped partly in reaction to a troubling economic report: The Institute for Supply Management said the nation’s service sector shrank in October at an alarming rate. A $2.5 billion loss reported by GMAC didn’t help, and investors were fretting about the next batch of national unemployment statistics, due Friday.

In the Sacramento area, where unemployment has risen to 7.4 percent, the severity of the downturn is already clear.

“People are more cautious, much more cost-conscious,” said Jean Hawkins, owner of Valley Oak Home Appliance Center in Elk Grove.

Ward Smith of J. Smith & Sons, a home-entertainment firm in Natomas, said he believes things could improve – not because the election was over, but because the financial markets appeared to be stabilizing, Wednesday’s fall notwithstanding.

“The phones are ringing a little more, in the last couple of days anyhow,” he said. “No big deals, but I did get a call from a developer saying they’re going to start a project. Maybe the logjam is (easing) one log at a time.”

Obama’s election will surely mean a more pro-active government, particularly when it comes to regulating financial markets, Sohn said. The $700 billion rescue package enacted in October could be just the beginning of an era in which the government involves itself more directly in the economy, he said.

That likely will include another stimulus package, perhaps one that combines tax relief with an extension of unemployment and food-stamp benefits, said Palo Alto economist Stephen Levy. That would worsen a budget deficit already estimated at $1 trillion, but Levy said it’s worth it to pump some life into the economy.

“I don’t think you worry about the deficit in the short term,” said Levy, director of the Center for Continuing Study of the California Economy. “We’re supposed to be getting the economy back on track.”

In his campaign, Obama promised a middle-class tax cut. For instance, those earning $40,000 to $70,000 a year – a group including 2.9 million Californians – would save $2,200, according to an estimate by the Tax Policy Center. He also wants to raise taxes on those making more than $250,000 a year.

Levy also would expect some financial aid from Washington to cash-strapped states like California, where the deficit is ballooning into the billions. And he foresees more spending on “bread and butter infrastructure.”

But the sheer size of the deficit makes it likely Obama will have to postpone at least some of that spending, Sohn said.

Already the United States is borrowing $2 billion a day from foreigners, and that can’t go on forever, he said.

“America is so dependent on foreign credit,” the CSU economist said. “Till now we’ve been kind of gorging on it, (but) it may not be as freely available as it has been in the past.”

One program that may get delayed is Obama’s plan to invest billions in “green” technology.

“Clearly, hard decisions are going to have to be made,” said Peter Van Deventer, chief executive at SynapSense Corp., a young Folsom company that develops energy-efficiency sensors for data centers.

But Deventer believes green companies like his are gaining traction regardless of whatever investments the Obama administration makes.

What’s clear is that the Sacramento economy won’t improve meaningfully until the real estate market recovers. Obama has talked about taking steps to help homeowners, including a 90-day foreclosure moratorium and legislation to give bankruptcy judges the right to reduce the amount a debtor owes on his house.

On Wednesday, Gov. Arnold Schwarzenegger proposed a similar 90-day moratorium, plus a loan-modification program that would ensure that mortgage payments don’t consume more than 38 percent of homeowners’ incomes.

But the task of fixing the housing market is daunting. The Sacramento area has seen more than 30,000 foreclosures since the start of 2007, one of the worst foreclosure rates in the nation.

With the economy weakening, and an estimated $3 billion worth of so-called option-ARM mortgages expected to reset in the coming year in California, “there is a prospect of more foreclosures,” said Paul Leonard of the Center for Responsible Lending.

And the soaring federal budget deficit will likely put more upward pressure on mortgage rates, Krohn said. That will tend to depress home prices, he said.

Bookmark and Share
phyllis on October 17th, 2008

Mary Lynne Vellinga writer for the Sacramento Bee Newspaper states in an article Octover 17, 2008:

The federal government soon will send Sacramento city and county nearly $32 million to help fix up foreclosed properties — a tool to prevent deterioration in neighborhoods hard hit by the housing crisis.

Sacramento received one of the largest allocations in the nation from the $3.92 billion set aside for the effort by the federal housing market bailout bill passed by Congress in July and signed into law by President Bush.

Among California cities, only Los Angeles has been allocated more money than the $13.3 million that will go to Sacramento, said officials of the Sacramento Housing and Redevelopment Agency. Only Riverside and San Bernardino counties will receive more than the $18.6 million earmarked for Sacramento County.

It’s a dubious honor. The money was divvied up based on the severity of an area’s home foreclosure problem, plus indicators of economic distress such as the jobless rate.

“We recognize that we have a significant problem,” said Sacramento Mayor Heather Fargo.

The city and county must move fast to spend the money, or they will lose it. An application detailing how the money will be used is due to the U.S. Department of Housing and Urban Development by Dec. 1, and the money must be spent by approximately June 2010.

City and county officials today detailed a plan that includes paying developers to buy foreclosed properties, restore them and either rent or sell them. In an effort to spend the money more quickly, the county and city also would become real estate flippers. About 40 percent of the money would be used by SHRA to buy and restore properties then sell them directly to buyers.

Fargo and county Supervisor Roger Dickinson said the program would target the most distressed properties in the hardest-hit neighborhoods.

The plan will go before the Sacramento City Council and the Sacramento County Board of Supervisors for review on Oct. 21.

Bookmark and Share

http://www.hud.gov/hopeforhomeowners/consumerfactsheet.cfm

What is the HOPE for Homeowners Program? This is a new program for borrowers at risk of default and foreclosure. The program provides new, 30-year, fixed rate mortgages that are insured by the Federal Housing Administration (FHA).
It may help you refinance your mortgage into a more affordable payment.
H4H is voluntary. Both lender(s) and borrower(s) must agree to participate.
When does H4H Begin? The program begins October 1, 2008 and ends September 30, 2011.
Who is eligible? You should contact your lender to determine eligibility, but you may be eligible if, among other factors:

  • The home is your primary residence, and you have no ownership interest in any other residential property, such as second homes.
  • Your existing mortgage was originated on or before January 1, 2008 and you have made at least six payments.
  • You are not able to pay your existing mortgage without help.
  • As of March 2008, your total monthly mortgage payments due were more than 31 percent of your gross monthly income.
  • You certify that you have not been convicted of fraud in the past 10 years, intentionally defaulted on debts; and did not knowingly or willingly provide material false information to obtain existing mortgage(s).

Who should I contact? FHA does not accept loan applications. Borrowers seeking help should contact their lender, another FHA-approved lender, or a housing counselor to apply or learn more about their options.
How much can I borrow? Your new H4H mortgage will be no more than 90% of the new appraised value of your home with the lender essentially writing down your current mortgage to that amount.
What costs do I have to pay?

  • The new mortgage, if approved, will replace all of the current mortgages on your home. You will not owe any payments, fees or debts on mortgages you now hold.
  • You must agree to share both the equity created at the beginning of this new mortgage and a portion of any future appreciation in the value of your home.
  • In addition to an upfront mortgage insurance payment of 3%, you will pay a 1.5% annual mortgage insurance premium on your outstanding mortgage balance. This premium will be included in your monthly payments.
  • You will need to pay closing costs on the loan. You will receive a Good Faith Estimate of these costs.

Will my new interest rate be lower than my current rate? The interest rate for the new mortgage will be based on current market interest rates and will be provided by the lender.
I currently have a second mortgage. If needed, can I take out a second mortgage under this program? You cannot take out a second mortgage for the first five years of the loan, except under certain circumstances for emergency repairs.
How can I learn more about the program and start the application process?

  • Review the Frequently Asked Questions page at www.fha.gov to learn more about the program.
  • Contact an FHA-approved lender to apply. You can find a list of lenders at www.fha.gov
  • Contact a Housing Counselor. A list of Housing Counselors can be found at www.fha.gov

Consumer Disclosure

 
Content current as of October 2, 2008
 
U.S. Department of Housing and Urban Development
451 7th Street, S.W., Washington, DC 20410
Telephone: (202) 708-1112  Find the address of a HUD office near you
Bookmark and Share
phyllis on October 4th, 2008

http://www.hopeforhomeownersprogram.org/

Senator Chris Dodd (D-CT), Chairman of the Senate Committee on Banking, Housing, and Urban Affairs, today announced his intention to introduce legislation that will create a new program within the Federal Housing Administration (FHA) to provide aid to distressed borrowers currently trapped in mortgages they cannot afford.  Under the “HOPE for Homeowners Act of 2008,” new mortgages that are offered by FHA-approved lenders will refinance abusive loans at a significant discount for homeowners facing difficulty meeting their mortgage payments.  

“Property values decline sharply when a home in the neighborhood is foreclosed upon. In order to stabilize neighborhoods, we must take actions to prevent foreclosures. This proposal will help provide much-needed relief for people on the brink of foreclosure, keeping families in their houses and neighborhoods financially stable.”  

A summary of the legislation is below: 

The “HOPE for Homeowners Act of 2008″ creates a new program within FHA to back FHA-insured mortgages to distressed borrowers.  The new mortgages offered by FHA-approved lenders will refinance abusive loans at a significant discount for homeowners facing difficulty meeting their mortgage payments.  

The program is built on five principles:

  • Long-term Affordability.  The program is built on the idea, expressed by Federal Reserve Chairman Bernanke, that creating new equity for troubled homeowners is likely to be a more effective way to avoid foreclosures.  New loans will be based on a family’s ability to repay the loan, ensuring affordability and sustainable homeownership.
  • No investor or lender bailout.  Investors and/or lenders will have to take significant losses in order to benefit from the proceeds of the loans refinanced with government insurance.  However, these losses would be less than the losses associated with foreclosure.
  • No windfall for borrowers.  Borrowers will share their new equity and future appreciation equally with FHA.  Borrowers will pay for the FHA insurance.
  • Voluntary Participation.  This will be a voluntary program.  No servicers will be compelled to participate.
  • Restore confidence, liquidity, and transparency.  Credit markets are fearful and frozen in part because banks and other financial institutions do not know what their subprime mortgages and related securities are worth. The uncertainty is forcing lenders to hoard capital and stop the lending necessary for economic growth.  This program will create certainty and get markets flowing again. 

Program Administration. The new program will be overseen by a Board made up of the Secretary of HUD, the Secretary of the Treasury, and the Chairman of the Federal Deposit Insurance Corporation (FDIC).  The Board will have the authority to develop standards within the framework of the legislation.  

Eligible Borrowers. Only owner-occupants will be eligible for the new FHA-insured mortgage.  No investors or investor properties will qualify.  The Board will establish other eligibility criteria, including criteria designed to determine whether borrowers can afford their existing loans.  

New Loan Amount.  The size of the new FHA-insured loan will be determined by:

  • The lesser of the amount the borrower can afford to repay, as determined by the current affordability requirements of FHA, taking into account the amount of income available to the family after basic expenses are paid (residual income); or,
  • The amount of the existing loan minus a discount established through an auction process established by the Board.  The auction process will allow for bulk refinances, at a discount, of eligible loans.  The federal government will not take possession of the mortgages.
  • The Board will have flexibility to change the affordability standards to suit circumstances.
  • In either case, FHA will not insure more than 90% of the current value of the home.  Loans must be 30-year, fixed rate loans. 

Equity Sharing. In order to avoid a windfall to the borrower created by the new 90% loan-to-value FHA-insured mortgage, the borrower must share the newly-created equity and future appreciation equally with FHA.  This obligation will continue until the borrower sells the home or refinances the FHA-insured mortgage.  Moreover, the homeowner’s access to the newly created equity will be phased-in over 5 years. 

Existing Subordinate Liens. Before participating in this program, all subordinate liens must be extinguished.  This will have to be done through negotiation with the first lien holder. 

Qualified Safe Harbor. The legislation provides servicers with an incentive to participate in the program by offering a safe harbor against legal liability. 

Funding.  The Act provides for $20 billion in credit subsidy, which is expected to insure new, affordable loans that refinance approximately $400 billion in troubled mortgages. 

Program Sunset.  The program sunsets at the end of 2012.  Any remaining funds, and future collections resulting from appreciation of FHA-insured mortgages made under this program, will be returned to the government.

New Foreclosure Prevention Affordable Housing Goal for Fannie Mae and Freddie Mac. In addition to the FHA option, the legislation requires the Secretary of HUD, together with the Secretary of the Treasury and the Director of OFHEO, to establish a new Foreclosure Prevention goal for Fannie Mae and Freddie Mac.  The two enterprises would be required to purchase eligible loans at a discount, and write down those mortgages to help the families keep their homes.  Mortgages would have to be written down according to the same criteria as loans eligible for FHA insurance under this legislation – based on ability to pay, taking residual income into account.  OFHEO would be given the authority to require the enterprises to raise additional capital commensurate with the additional risk this new goal may pose. 

 

Bookmark and Share

Bill Wasserman writes today in the Sacramento Bee Newspaper:

The provisions for struggling homeowners in the Wall Street rescue bill signed into law Friday are largely voluntary and not enough to curb foreclosures in regions such as Sacramento, some analysts say.

The bill authorizes the government to buy $700 billion in mortgage-backed securities tied to poorly performing home loans. But it has a secondary aim: to keep people in their homes.

The legislation requires Treasury Secretary Henry Paulson to “implement a plan to mitigate foreclosures” and “identify opportunities to modify loans.” It also requires the government to work with lenders “to encourage loan modifications.”

That’s not forceful enough, advocates say.

“The government buying these securities does not allow them to substantially expand loan modifications,” said Paul Leonard, California director of the Center for Responsible Lending, a consumer advocacy group.

Leonard and others say the government won’t be able to alter loans on its own because of the way the mortgage-backed securities it is buying are structured.

Without unilateral authority to modify loans, they say, the rising tide of foreclosures – 500 or more every week in the Sacramento area alone – won’t soon subside. More bank-owned homes on the market mean home values will continue to fall.

“If you don’t firm up the bottom of the housing market, the bottom of the pyramid will be like quicksand that will keep pulling down the structure,” said Timothy Canova, economics professor at Southern California’s Chapman University School of Law. “I think in six months to a year they will be back asking for another enormous bailout because it didn’t deal with the root causes of the problem.”

Such pronouncements leave borrowers such as Ianthia Turner of Lincoln, who owes $75,000 more than her home is worth, anxious. Turner, who teaches at a beauty college, is current with her payments on her Lincoln home. But last month her husband lost his financial analyst job at an area bank.

“We’re just holding our breath,” she said.

Since January 2007, more than 21,000 area households have lost their homes to the banks, according to MDA DataQuick, a housing market researcher. Turner is like thousands of other people trying to work things out with her mortgage lender. In July, according to DataQuick, just 22 percent of borrowers who default – falling two or three payments behind – were able to save themselves from foreclosure.

“We’ve been talking to them and they claim they got our paperwork,” she said of her discussions with her lender. “But they have been really slow to respond. They always say, ‘Somebody will get back to you.’ ”

Many consumer advocates, who say that banks are too slow to modify troubled loans, hoped the Wall Street bailout bill might be tougher on lenders.

They wanted to give bankruptcy judges the authority to rewrite loan terms for borrowers, especially those steered toward loans they couldn’t afford. But the idea didn’t prevail.

Good thing, said Jonathan Stein, an Elk Grove attorney who specializes in foreclosure cases. He called the bankruptcy judge plan unworkable.

“Our bankruptcy judges are busy enough handling what they’re handling without getting into the minutiae of valuing a house,” he said.

A key part of the bill signed Friday encourages loan servicers to modify mortgages through the government’s new $300 billion Hope for Homeowners program.

Launched Wednesday, it aims to refinance 400,000 borrowers with risky adjustable-rate mortgages into fixed-rate 30-year loans. The Federal Housing Administration will insure the new loans.

But there’s a catch: Loan servicers must “write down” the new loan amount to the home’s present value. That means investors must accept losses.

Turner, who sees the value of a house she bought for $506,000 in March 2007 “going down even further,” hopes to persuade her lender to consider such a restructuring.

“I’m looking for anything at this point,” she said.

Statistics gathered by the state of California show that’s likely to be a hard sell. Ten loan servicers that are a part of a state program to help borrowers wrote down just 575 loans from January through July, according to the Department of Corporations.

During that time, the same lenders repossessed 89,000 homes in California.

Lenders in the state program preferred to modify loans through interest rate freezes or cuts. They reported 63,000 modifications from January through July.

Some real estate industry watchers believe Friday’s bailout bill wisely avoids detailing specific help for individual borrowers. Steven Krohn, a real estate broker and economist with Sacramento-based Real Estate Group, said the best way to get through the housing crisis is to let market forces re-price homes.

“I’ve had friends go through foreclosures, and it’s awful,” he said. “The sooner the market adjusts the better off we are.”

Those who counsel troubled borrowers have a different view. Pam Canada, executive director of Sacramento’s NeighborWorks HomeOwnership Center, fears Friday’s rescue might now make banks less likely to help borrowers.

If lenders can, “in one fell swoop, get rid of a couple hundred deals rather than negotiating each one, I’m afraid that could make it easier for them, again leaving the homeowner with no rescue,” she said.

Bookmark and Share