Wednesday, December 29, 2010

2011: The Year of Big Decisions

If we think 2010 was a tough year, then hang on because 2011 is going to be fast and furious. With all of the legislative and regulatory changes coming within the next 18-24 months, we will not be able to sit back and hope it all works out for the best.
Yes, there is some good news … all loan officers, no matter who you work for, are now going to be paid on an equal compensation program. Unlike in the past, either one side or the other had an advantage, but now compensation becomes one set of guidelines starting April 1, 2011.

Loan officers, effective April 1, 2011, will be paid off the loan amount only, plus any bonuses developed by companies, with nothing involving fees, programs or interest rates.

The broker/owner is going to have to plan for all of the following:

1. How is my company going to be paid?
2. How much is my company going to make on the loan?
3. How much does it cost for me to originate the loan?
4. What is my compensation program going to look like?
5. Am I going to have a bonus program and how is going to be structured?
6. Is my company going to be a broker, banker or a hybrid?
7. How do I attract good producing loan officers?
8. Can I stay competitive?
9. Am I going to be able to meet all of my deadlines on my own, or do I need outside help?
10. How do I make sure I keep my loan officers within Nationwide Mortgage Licensing System (NMLS) timelines and requirements?
11. Have I met all of the minimum wage and labor requirements?
12. What is your mortgage origination projections for 2011?

Now that you have answered these questions, you are ready to sit down and develop your own business plan for 2011. In the past, we have never had to experience the number of challenges in developing a plan for 2011. It may be overwhelming, but as the old anecdote says, “How do you eat an elephant … one bite at a time.” The year 2011 may one of the most challenging years to date, but it is going to be one of the most exciting and fun years as you develop your company into the fighting machine it has to be to survive. Don’t give up.

As you look at the overall market, in 2006 there were 1,800 mortgage companies in the state of Illinois alone and a total of 18,000 loan officers. In 2011, we will see less than 700 companies and approximately 5,000 loan officers in Illinois. How does that make you feel? It should make you feel fantastic as you are a survivor who has less competition to deal with and you will have a greater opportunity with the right plan to gain increased market share.

Everyone predicts that the banks are going to take over the market, I can assure that has been said at least five times since 1986. Mortgage brokers and mortgage bankers continue to survive and develop their own market and niche. Why, because they are innovative and are filled with an entrepreneurial spirit. So, let’s be aware of what others are doing, but let’s develop our own plan for survival and increase our presence. Remember, no matter what the market was doing, good or bad, the mortgage customers came to you, the mortgage broker and mortgage banker, because you were more knowledgeable, persistent in getting a loan and more economical.

As a mortgage broker and a mortgage banker, we also one other thing that no financial institution can sat and that is we are licensed professionals … be proud of that.

Once you have figured out how to navigate your business through what lies ahead in 2011, I hope you’ll ponder what you can do in terms of helping the industry at large. The greatest opportunity to make a far-reaching impact comes when many small companies band together as one. Whether that’s through getting involved in a trade association, making an appointment with your legislator, taking continuing education classes or attending industry events, we all have many opportunities, and the responsibility, to not only see to it that our companies endure, but that our industry thrives as well.

So as we enter the year 2011, we have a lot to look forward to as long as we are willing to make the difficult decision and put together a plan that is real and obtainable. We will continue to be under attack, but we have survived 15 years of new regulations and we continue to be here, so they cannot do much more to hurt us.

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Friday, December 24, 2010

5 Strategies to Rebuild Your Credit after Foreclosure

If you’ve been through a foreclosure, you may wonder if there is hope for you to become a homeowner again. The answer is yes, but it will take a while. “It doesn’t mean you’ll never be a homeowner again,” said Linda Davis-Demas, director of housing at Consumer Credit Counseling Service of Greater Dallas.

But you’ll need to examine what caused you to fall behind on your mortgage and take steps to fix the problem. “You have to look at what were the reasons you didn’t make the payment,” said Davis-Demas. “Was it budgeting? You can modify that type of behavior.”

A foreclosure is a major hit to your credit history and stays on your credit report for seven years.

“Foreclosure is one of the FICO seven deadlies,” said credit expert John Ulzheimer, referring to the dominant FICO credit score. “It’s considered a major derogatory item, regardless of the back story”— whether it’s a job loss, rate reset, underemployment or other reasons.

Your credit score will also suffer “the minute the foreclosure process begins,” said Ulzheimer, founder of 2StepCredit.com, a credit education website. “It doesn’t have to be completed for it to be very damaging,” he said. “The damage will vary based on your scores, but it can damage the score as much as 200 points, especially if your scores are very strong to begin with.”

So, after a foreclosure, your priority has to be rebuilding your credit. You’ll have some time to do so, because mortgage giants Fannie Mae and Freddie Mac impose strict rules on how long it will take before you’re eligible for another mortgage.

For example, borrowers with a prior foreclosure and extenuating circumstances—such as a job loss, divorce or medical issues—must wait three years before they can qualify for a Fannie Mae-backed loan, said spokeswoman Amy Bonitatibus. For all other borrowers, the waiting period is seven years.

At Freddie Mac, those who can prove extenuating circumstances must wait three years before applying for a new mortgage; everyone else must wait five years. But that will change in February, when the waiting period for those whose foreclosure was caused by their own financial mismanagement will increase to seven years.

Fannie Mae and Freddie Mac also have strict rules on the credit score and the size of the down payment required of borrowers with a prior foreclosure.

Here’s what you need to do to rebuild your credit to qualify again for a mortgage:

Pay your bills on time: The FICO score, the dominant credit score used by lenders, gives the greatest weight to payment history, so make sure you consistently pay your bills on time. “Stability is the key,” said Craig Jarrell, president of the Dallas region of IberiaBank Mortgage Co. “Have you demonstrated that you are now capable of owning a home and paying the bills, and have recovered from whatever circumstance caused the original foreclosure?”

Review your credit report: You’re entitled to a free credit report once every 12 months from each of the three national credit bureaus—Experian, TransUnion and Equifax. You should get a copy and check it for any inaccuracies.

To get your free credit report, go to http://www.annualcreditreport.com. “Make sure it is about you and only you,” said Gail Cunningham, spokeswoman for the National Foundation for Credit Counseling. “If you find errors, dispute them. If you discover old debts, it will weigh in your favor to satisfy them. Paid late looks better than not paid at all. Make sure that debts older than seven years have rotated off your report, as these could be dragging your score down unnecessarily.”

Check your mortgage: You want to be sure that you don’t still owe anything on your old mortgage. Sometimes proceeds from a foreclosure sale aren’t enough to cover what’s owed on the mortgage, which would leave you owing the difference.

“Make sure there is a zero balance reflected, and if you are responsible for a shortfall, make arrangements to repay the remaining balance,” Cunningham said.

Many lenders are willing to settle that “deficiency judgment” for less than what’s owed because “it’s better than getting no money at all,” Jarrell said.

Apply for credit: In particular, apply for different varieties of credit. “Credit scoring models value having different types of credit,” Cunningham said. “Having some revolving accounts, typically credit cards, and some installment fixed-payment loans, such as a car payment, can improve your score.” But don’t apply for too much credit at once. “This can appear as though you’re desperate for credit and perhaps make lenders less inclined to extend credit to you,” Cunningham said. “Further, too many credit inquiries can have a negative impact on your credit score.”

Don’t fall prey: Watch out for credit repair companies that promise to clean up your credit report so you can get a car loan, a home mortgage, insurance, or even a job—after paying a fee for the service. “The truth is, that no one can remove accurate, negative information from your credit report,” according to the Federal Trade Commission. “It’s illegal.” Only the passage of time can assure that negative, but accurate, information on your credit report will be removed.

When it comes to repairing your credit, there are no quick fixes, the experts say. What lenders want to see is responsible financial behavior over time.

“Know that time is your friend, as the farther you move away from the financial distress, the less negative impact it has,” Cunningham said. “Follow with responsible behavior with your new credit, and you’ll soon have a solid credit file.”

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Monday, December 20, 2010

An Update on Home Foreclosures


Lately, very few things have been in the news more than the topic of home foreclosures. Depending on the source, it is estimated there have been over 4 million homes entering foreclosure over the past four years and about 300,000 are entering the first stage monthly.

Recently the attention has turned from the sheer volume of foreclosures to the procedural flaws in foreclosing that are threatening lenders' rights to foreclose because legal "ownership" of the mortgage may not be readily determined or because paperwork related to foreclosing was improperly executed.

The net result is that several major lenders have announced a moratorium on their foreclosure process to allow them time to review their documentation and to determine that they can legitimately move forward.

This means that the natural flow of homes through the pipeline is interrupted. Instead of having a predictable timeline, buyers must sit in limbo with respect to the actual availability of a particular home for purchase.

Except for the national attention and anxiety caused by the media saturation of this issue, the real economic effect will likely be very localized and concentrated. In communities with a large number of foreclosures where the mortgages on those homes are owned by lenders who are temporarily halting the process, it means those homes can't go on the market. So in turn, the decline in the amount of inventory being offered for sale could result in an increase on home prices in that area, until the foreclosure freeze is thawed out.

However as a national economic issue, the overall impact will probably not have a measureable or lasting effect on the housing market. That assumes, of course, that lenders move expeditiously to determine their ownership and identify steps necessary to deal with the process and documentation problem – such as, resuming the foreclosure process or indentifying loan modifications and workouts.

I will continue to monitor this situation very closely, and would encourage you to call or email me so we can discuss what this might mean to you.

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Wednesday, December 15, 2010

Eat well while conserving your energy

For people living with COPD, or chronic obstructive pulmonary disease, getting proper nutrition is crucial.

But, it isn't always easy to do. COPD can make daily activities tiring — that includes planning and preparing meals. Even eating can make people more short of breath.

Why is it so important?
COPD makes the lungs and heart work harder. A nourishing diet can help these vital organs keep up with their workload. It can improve a person's breathing and stamina. It's also vital to weight control — and can help prevent infection and illness, too.

On the other hand, being undernourished can make the condition worse. The muscles used for breathing can get weaker.

3 easy-does-it tips
There's no special COPD diet. What's important is eating a variety of healthful foods. To do this — without using up too much of your energy — you may find it helps to:

1. Consider prep time. Make a list of a variety of nutritious foods and dishes that are easy to prepare. Build your daily meals around these items.

2. Take it slow. Rest before and after eating. And, take your time. Don't rush a meal.

3. Break it up. Try to eat six small meals every day. Large meals can fill up your stomach, pressing against your diaphragm and making it harder to breathe.

Help to eat well and stay well
Whether or not you're having difficulty preparing or eating nutritious meals, talk with your doctor. He or she may be able to refer you to a registered dietitian who works with people who have COPD.*

Depending on your condition, you may need more intensive nutritional help.

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Monday, December 13, 2010

11 Year End Tax Savings Tips

This time of year, now through the first quarter of next year, you will see articles offering year-end tax planning tips. Tax planning tips can increase income in future years, so be careful. Many tax tips often involve accelerating deductions, deferring income, or last-minute charitable deductions (the first three following tips).

For example you may be compelled to make a large charitable contribution this year by December 31st. However if you could be in a higher tax bracket next year because your income is going up because of a substantial raise or bonus, you would have been better off to make the contribution next year. Some may say this is heartless, but I say just the reverse. If you pay less in taxes because of good planning, your will be better off financially and able to give more in the future.

If you have volatile income, before you use the tax savings tips here and in other articles, you may want to run projections for this year and next. A good accountant will run these calculations for you, but understand that tax law changes from year to year and from one administration to the next can often make predicting tricky.

1. Defer income

If you are able to defer income, such as commissions and bonuses until next year, you might be able to pay lower income taxes this year. However, you must consider what your income and taxes will be next year to be sure that you are not actually increasing your taxes.

2. Accelerating deductions

Accelerating major deductions such as state income taxes, property taxes, and mortgage interest may help anyone, especially during a high-income year. If you don't think your personal income tax bracket will be higher next year, and you're not affected by the alternative minimum tax, you can make state and/or local tax payments before the end of this year so you can take a deduction this year.

3. Charitable Contributions

Consider making charitable deductions before the end of the year to receive a deduction. You must make the contribution by 12/31/2009.

Donate appreciated property such as real estate or stock instead of the proceeds of the sale. You may be able to receive a deduction for the value of the contribution without paying tax on the growth portion resulting from a sale, then a gift. If you intend to transfer appreciated property, begin early since it will take several weeks to make the change.

4. Alternative minimum tax traps

Many people face large AMT bills compared to previous years. Be warned if you have larger than usual medical expenses, non-federal income and real estate taxes, or miscellaneous itemized deductions; or if you have exercised large stock options, to name a few.

Year-end tax planning strategies can backfire under AMT. Be very careful accelerating some deductions and exercising stock options at year end. See a tax professional for information on your specific tax situation.

5. Be careful when investing new money in mutual funds at the end of the year

Call the mutual fund and find out when the distribution date is. You may want to purchase after the distribution date to avoid owing taxes on fund shares that you owned only for a short period of time and had little to no gain.

6. Contribute the maximum to retirement accounts

Contribute the maximum allowable to employer-sponsored defined contribution retirement plans, such as profit sharing, 401(k), 403(b) and 457(b) plans. This not only provides an excellent tax deduction, but it also helps you to plan for your future retirement.

You may want to contribute to an IRA; up to $2,000 is fully deductible if you did not participate in a company-sponsored retirement plan or if your income falls below certain levels.

If you are self-employed, you can contribute more to a pension plan than into an IRA. You have until December 31 to set up the plan.

7. Investment Losses

If your investment portfolio has stock that has depreciated in value and is worth less than when you originally purchased it, you may want to consider selling it. You may be able to use that loss to offset capital gains and ordinary income.

Be careful though; investment decisions should not just be for tax purposes. Make sure that you do your research before selling any investment. Some people react too quickly when investments lose value; others sometimes hold on too long. If you decide to sell and invest in something new, make sure that you examine your portfolio to ensure that you have the right mix of investments to match your investment profile, risk propensity and asset allocation model.

8. Save for College

Consider contributing to your child's college savings into a 529 plan. The contributions are not deductible on your Federal return, but parents may be able to write off contributions up to a certain dollar amount on their state income tax return. Log on to SavingforCollege.com to find out information about your state.

9. Home Improvements

Here is a great deal. How about saving energy and the environment, lower utility bills, increase the value of your home and save on taxes - all at once. Projects for the home's shell (insulation, windows, sealing) and heating and cooling may qualify for a one time tax credit of $500. However you are running out of time, since they must be in place by the end of 2007. So while crawling around your attic looking for ornaments, think of adding insulation. If you made home improvements over the last couple of years, be sure to dig up your records; you may already be eligible.

Before moving forward on one of these projects, make sure that you get full information about these and other energy efficient tax incentives from The Tax Incentives Assistance Project at http://www.energytaxincentives.org. There you will find more information about Home Shell and Heating & Cooling as well as Hybrid Passenger Vehicles and Solar Energy Systems.

10. If self-employed, buy equipment and supplies

Have you been putting off buying needed business equipment and supplies, or do you know that you will soon need them? Now may be the time to invest in your business and save taxes as well. Business tax can be complex; therefore it may be wise to first call your accountant prior to large purchases.

11. Give gifts to children

When you give to friends and family, it is usually not taxable to the recipient or the giver. Many people do not realize though if that gift exceeds $12,000 per person it is taxable to the giver, and at a high rate. Therefore, if you intend to give anyone more than that amount, you could give some this year and some next. The second tip is that you and your spouse can both give $12,000 per person, doubling the amount not subject to tax. Be sure to consult your legal and tax advisor prior to making all gifts.

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Thursday, December 9, 2010

58 Percent of Americans Expect Housing Market to Recover after 2012, According to Trulia and RealtyTrac

Trulia.com, a top site for home buyers, sellers and renters, and RealtyTrac, a leading online marketplace for foreclosure properties released the latest results of an ongoing survey tracking home buyers’ attitudes toward foreclosed homes. Results of the survey conducted online from November 2-4, 2010 by Harris Interactive on behalf on Trulia and RealtyTrac showed that Americans continue to grapple with uncertainty about the housing market, with 58% of U.S. adults expecting recovery to take at least another two years.

As a result of the recent robo-signing debacle, half of U.S. adults expressed that they now have less faith in mortgage lenders, banks and the government. Another 35% believe the robo-signing issue will delay the housing market’s recovery, while only 6% of U.S. adults think the robo-signing issue will have no effect on the recovery of the housing market.

“More and more, American homeowners, -sellers and -buyers are tamping down their expectations for a swift recovery in the housing market and bracing themselves for a long, slow climb back to a healthy real estate market. Fifty-eight percent believe recovery will happen after 2012 and more than one in five U.S. adults believe recovery won’t happen until 2015 or later,” said Pete Flint, co-founder and CEO, Trulia. “Government incentives have come and gone and historic lows in interest rates have done little to spur recovery. Then, as if prospective buyers and sellers needed more to be concerned about, the robo-signing issue caused a ‘what’s next?’ fear to surface in the minds of consumers who, frankly, have lost faith in banks and their government to make good decisions.”

Under water and out of options
Nearly half (48%) of homeowners with a mortgage admitted that they would consider walking away if their mortgage was under water, an increase compared with May 2010, when only 41% said they would consider walking away if their mortgage was under water. Interestingly, men (57%) are more likely than women (40%) to consider strategic default as an option for dealing with negative equity.

If they became unable to pay the mortgage payments on their current primary residence, two-thirds of U.S. adults with mortgages said they would consider calling the lender and trying to modify the terms of the loan as their first option. The next most popular solution is to have a tenant move in to contribute to the mortgage, but only 10% of U.S. adults would do this.

Interest in buying a foreclosure
Nearly half (49%) of U.S. adults are at least somewhat likely to consider purchasing a foreclosed property, up from 45% in May 2010. Despite the rising interest in buying a foreclosed home, an increasing number of U.S. adults also recognize negative aspects to buying a foreclosure. Over the past six months, the number of U.S. adults who believe there are downsides to buying foreclosed properties has increased to 81%, from 78% in May 2010.

Expected discount on foreclosure purchase
Two-thirds (67%) of U.S. adults would expect to pay at least 30% less for a foreclosed home than a similar home that was not in foreclosure, and one-third of U.S. adults (35%) would expect to pay at least 50% less for a foreclosed home. Overall, 97% of U.S. adults would expect at least some discount on a foreclosed home.

“It seems like consumer expectations and market realities are beginning to align when it comes to foreclosure discounts,” said Rick Sharga, senior vice president, RealtyTrac. “During the third quarter, foreclosure homes sold for an average of 32% less than homes not in foreclosure. It’s also not surprising that we’ve seen an increase in negative sentiment toward foreclosure purchases, where the recent robo-signing controversy has added more confusion to an already complicated process.”

For more information, visit www.trulia.com and www.realtytrac.com.

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Wednesday, December 8, 2010

A 5 Point Plan: How to Get The Cash You Need Fast!

......by using your mortgage to your advantage in a cash flow or shortage situation......"


Mortgage regulations have changed significantly over the last few years, making your options wider than ever.  Subtle changes in the way you approach mortgage shopping, and even small differences in the way you structure your mortgage, can cost or save you literally thousands of dollars and years of expense.

Get the Right Information - Whether you are about to buy your first home, or are planning to make a move to your next home, it is critical that you be informed about the factors involved.

Everyday people are in need of cash, and fast. May be it is or isn't time to consider your mortgage loan as an option.  By taking these few minutes to acquaint yourself with the "A 5 Point Plan: How to Get The Cash You Need Fast!", you will know what options to discuss with your mortgage lender and you will be better prepared to make the right decisions for your unique situation..

 

  1. A Traditional Refinance

The initial option for most people to consider is a traditional refinance.  This option takes advantage of available interest rates that might be lower than your current mortgage.  The benefit of this option is that you can reduce your monthly payment while getting the best possible interest rate.

  1. A Cash Out Refinance

A cash out refinance works like a traditional refinance, except that you’re able to remove some of your equity in the property.  One of the significant benefits of this option is your ability to pay off higher interest loans, make home improvements, or a major purchase, while at the same time qualifying your interest payments as a deduction on your federal tax return.  Always consult with your accountant or tax attorney to determine eligibility in your unique situation.

  1. A Second Mortgage

This works very similarly to a Cash Out, except you get a second financing vehicle instead of refinancing an existing one.  A few reasons for a second mortgage are debt consolidation, home improvements, or a major purchase.  If you take cash out to buy a car you may be able to deduct the interest from your taxes, similarly to the last example.  Remember to always consult with your accountant or tax attorney to determine eligibility in your unique situation.

  1. Beware of the Quality of Service Provided

You want your refinance to be the least amount of hassle in the shortest period of time.  Ask your mortgage broker details of their service plan and performance guarantee.

  1. Not All Mortgage Brokers are Created Equally

Be sure to ask your mortgage broker about available loan products, terms and rates. A subtle difference can save or cost you thousands.

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Monday, November 22, 2010

New foreclosure trouble brewing as late payments rise?

Several states across the Northeast are seeing a sharp jump in homeowners falling behind on their mortgages.

That's the word out from TransUnion, which released its third quarter mortgage delinquency numbers over the weekend. The biggest increases in late payments were seen in New Jersey, New York and Connecticut at the region's core, as well as in outliers like Maine and Delaware.

Pennsylvania and Maryland, as well as another swath of New England states - Vermont, New Hampshire and Rhode Island - saw less dramatic increases.

The regional rise bucks a national trend that is seeing a slow but steady decline in mortgage delinquencies from a record-shattering peak in 2009. (That is with the exception of the Great Depression, which saw half of all homeowners either fall behind on their payments or face foreclosure.)
While the national rate is up, year over year, at 6.44 percent, it has been falling steadily on a quarter-by-quarter basis, TransUnion reports.

A sluggish economy that still feels like a recession to many of us is clearly continuing to take a toll. Check out this Boston Sunday Globe story. Three quarters of all Massachusetts residents say the recession has not ended for them, with more than half seeing no break in the tough conditions for at least two more years, according to a Globe/Suffolk University poll.

Try as I might, I couldn't find third quarter data for Massachusetts. I will be calling the TransUnion public relations flak this morning to fill in that gap and will post the data when I get it.

The Bay State's delinquency rate stood at just over 5 percent of all borrowers in the second quarter, far above historical norms of 1.5 percent to 2 percent.

What's your take? Are you falling behind on your payments - or hesitating to buy because of a still uncertain economy?

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Tuesday, November 16, 2010

An Update on Home Foreclosures

Lately, very few things have been in the news more than the topic of home foreclosures. Depending on the source, it is estimated there have been over 4 million homes entering foreclosure over the past four years and about 300,000 are entering the first stage monthly.

Recently the attention has turned from the sheer volume of foreclosures to the procedural flaws in foreclosing that are threatening lenders' rights to foreclose because legal "ownership" of the mortgage may not be readily determined or because paperwork related to foreclosing was improperly executed.

The net result is that several major lenders have announced a moratorium on their foreclosure process to allow them time to review their documentation and to determine that they can legitimately move forward.

This means that the natural flow of homes through the pipeline is interrupted. Instead of having a predictable timeline, buyers must sit in limbo with respect to the actual availability of a particular home for purchase.

Except for the national attention and anxiety caused by the media saturation of this issue, the real economic effect will likely be very localized and concentrated. In communities with a large number of foreclosures where the mortgages on those homes are owned by lenders who are temporarily halting the process, it means those homes can't go on the market. So in turn, the decline in the amount of inventory being offered for sale could result in an increase on home prices in that area, until the foreclosure freeze is thawed out.

However as a national economic issue, the overall impact will probably not have a measureable or lasting effect on the housing market. That assumes, of course, that lenders move expeditiously to determine their ownership and identify steps necessary to deal with the process and documentation problem – such as, resuming the foreclosure process or indentifying loan modifications and workouts.

I will continue to monitor this situation very closely, and would encourage you to call or email me so we can discuss what this might mean to you.

Posted via email from WESTCHESTER COUNTY DISTRESSED PROPERTY INFORMATION

Thursday, November 11, 2010

Realtors Strive to Streamline Short Sales through HAFA

RISMEDIA, November 11, 2010—Realtors gleaned inside knowledge on the efforts being made to improve the short sale process through the Home Affordable Foreclosure Alternatives Program at the 2010 REALTORS® Conference & Expo. HAFA was intended to help homeowners who are unable to keep their home under the Making Home Affordable Modification Program avoid foreclosure by streamlining the short sales process and providing incentives to lenders that complete short sales. According to the National Association of Realtors’ most recent Realtors Confidence Index, 12% of all recent home buyers purchased their home through a short sale.

“Realtors from across the country are telling us that the current short sales process is time-consuming and cumbersome, discouraging buyers who would otherwise want to purchase a home in a short sale,” said NAR President Vicki Cox Golder, owner of a real estate company in Tucson, Ariz. “As the leading advocate for home ownership and housing issues, NAR has been urging lenders and servicers to approve reasonable short sale offers that allow homeowners to avoid foreclosure when a family is absolutely unable keep their home.”

HAFA includes uniform procedures, standards forms, and deadlines, but its success depends on effective servicer implementation and the cooperation of investors and subordinate lien holders.

Lenders have been criticized for cumbersome and confusing short sale processes, and JK Huey, senior vice president, Wells Fargo Home Mortgage REO and Short Sale, addressed some primary concerns and myths surrounding these transactions.

“There are a number of decision makers involved in a short sale, and the more parties involved, the more complex the process becomes,” said Huey. “It’s important to keep in mind that this is not a typical buy-sell transaction. Our Realtor partners’ expertise helps us deliver timely solutions to assist customers, minimize losses to investors, and help to rebuild and stabilize our communities.”

To address concerns related to the short sales process, Wells Fargo has increased staff resources by 57% over the past 12 months, implemented proactive marketing efforts to provide information and education on short sale workout alternatives to its customers, and worked with legislators and government agencies to help streamline processes.

Panelist Laurie Maggiano, director of policy for the U.S. Department of the Treasury’s Office of Homeownership Preservation explained how homeowners in need benefit from HAFA. HAFA provides $3,000 relocation assistance to homeowners after a successful closing and requires that the homeowner be fully released from future liability for the primary mortgage and also any subordinate liens.

“HAFA offers additional foreclosure avoidance options when other home retention options have been exhausted,” said Maggiano. “Being proactive can only positively impact the homeowner’s ability to buy a home in the future. For example, Fannie Mae will allow a homeowner to be considered for a home loan within two years of a short sale, whereas a homeowner who goes through a foreclosure will need to wait seven.”

Earlier this year, NAR produced a “Home Affordable Foreclosure Alternatives” brochure to explain the HAFA program to Realtors so they could help their home buyer and seller clients through the process. NAR also offers the SFR certification (Short Sales and Foreclosure Resource) to help Realtors obtain advanced training in managing the complexities of transactions that involve foreclosed homes and short sales.

The Realtors Confidence Index is a key indicator of housing market strength based on a monthly survey of over 50,000 real estate practitioners.

For more information, visit www.realtor.org.#END

 

THE CRECCO COMPANIES

Real Estate  Investment  Social Media

Anthony J Crecco

Short Sale and Loan Modification Expert

Thornwood NY  10594

914.269.8184

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Wednesday, November 10, 2010

Deliberately seek the company of people who influence you to think and act on building the life you desire."

"Deliberately seek the company of people who influence you to think and act on building the life you desire."

Napoleon Hill
1883-1970, Author

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Tuesday, November 9, 2010

NAR Buyer and Seller Survey Shows Value of Long-Term Home Ownership

RISMEDIA, November 9, 2010—Home buyers today have affirmed a long-term view of home ownership, the typical seller is experiencing positive returns and the vast majority of home owners see their property as a good investment, according to the latest consumer survey of home buyers and sellers. The study was released at the 2010 Realtors Conference & Expo.

The 2010 National Association of Realtors Profile of Home Buyers and Sellers is the latest in a series of large national NAR surveys evaluating demographics, preferences, marketing and experiences of recent home buyers and sellers.

Although typical sellers had been in their previous home for eight years, up from seven years in the 2009 study, first-time buyers plan to stay for 10 years and repeat buyers plan to hold their property for 15 years.

NAR 2010 President Vicki Cox Golder, owner of Vicki L. Cox & Associates in Tucson, Ariz., said the pattern of home buyers taking a long-term view has solidified over the past few years. “This underscores two simple facts—home ownership encourages stability, and the longer you own, the better your investment.”

Even with several years of price declines, the typical seller who purchased a home eight years ago experienced a median equity gain of $33,000, a 24% increase, while sellers who were in their homes for 11-15 years saw a median gain of 40%.

“Sellers who purchased at the top of the market and had to sell in a short time frame were hurt by the price correction, but the vast majority who are able to stay for a normal period of home ownership generally built enough equity to make a trade-up purchase,” Golder said. “Despite swings in the housing market in recent years, the fact is most long-term owners see healthy gains in the value of their property.”

House flipping is virtually nonexistent in today’s market. “The primary exception is for experienced investors, many of whom pay cash and are making renovations or improvements after a careful study of properties, neighborhoods and market demand,” Golder explained. “The house flipping and quick gains which occurred during the boom period were abnormal, driven by risky, easy-money financing that should never have been allowed in the market.”

In the 2006 study, covering sellers during the close of the housing boom, 6% of sellers had owned their property for less than a year and a total of 30% had owned for three years or less. In the 2010 study, only 3% had owned their home for less than a year and a total of 11% had owned for three years or less.

Paul Bishop, NAR vice president of research, said the lion’s share of buyers view their home as a good investment. “Eighty-five percent of recent home buyers see their home as a good investment, and nearly half think that investment is better than stocks,” he said. “Even with the turmoil created by the housing boom and bust, this indicates the long-term view of home ownership as a fundamental goal and value remains sound. In fact, the single biggest reason most people buy a home is the simple desire to own a home of their own, cited by 31% of respondents, including 53% of first-time buyers.”

The next biggest reasons for buying, identified by all home buyers, were desire for a larger home, 9%; a change in family situation and the home buyer tax credit, cited by 8% each; a job-related move, 7%; and the affordability of homes, 6%. Twelve other categories were 5% or less.

The number of first-time home buyers rose to a record high 50% of all home sales from 47% in the 2009 study, building on success of the home buyer tax credit which began in 2009. The previous cyclical high for first-time buyers was 44% in 1991; records date back to 1981.

The profile shows the median age of first-time buyers was 30 and the median income was $59,900. The typical first-time buyer purchased a 1,540 square foot home costing $152,000, with 93% using the first-time buyer tax credit.

First-time buyers who made a downpayment used a variety of sources: 74% used savings, 27% received a gift from a friend or relative, typically from their parents, and 9% received a loan from a relative or friend. Eight percent tapped into a 401k fund, and 6% sold stocks or bonds. Ninety-five percent chose a fixed-rate mortgage.

The shares of entry-level buyers receiving a gift or loan were modestly higher than 2009 when 22% received a gift and 6% a loan from a relative or friend. “It appears more parents were motivated to help their children to take advantage of the home buyer tax credit and very favorable affordability conditions,” Bishop said.

Fifty-six percent of entry level buyers financed their purchase with an FHA loan, while another 7% used the VA loan program. Forty-two percent said financing their first home was more difficult than expected and 9% had been rejected by a lender.

Fifty-eight percent of all buyers are married couples, 20% are single women, 12% single men, 8% unmarried couples and 1% other.

Bishop noted that women buyers have accounted for roughly one out of five transactions since the late 1990s, and single men have been at the one in 10 level since 1981. “A modest increase in the share of single men buyers may result from the home buyer tax credit, but this is the highest share for single men in the history of the study,” he said.

Buyers searched a median of 12 weeks and viewed 12 homes. Fourteen percent of buyers own two or more homes.

The typical repeat buyer was 49 years old, earned $87,000, and purchased a 2,000 square foot home costing $215,000.

The median downpayment of all home buyers was 8%, ranging from 4% for first-time buyers to 14% for repeat buyers.

The median age of home sellers was 49 and their income was $90,000. Sellers moved a median distance of 18 miles and their home was on the market for 8 weeks, down from 10 weeks in the 2009 survey. Half traded up in size, 28% bought a comparably sized home and 21% traded down.

Sixty-four percent of sellers chose their agent based on a referral or had used the same agent in the past. Reputation was the most important factor in choosing an agent, cited by 35% of respondents, followed by trustworthiness at 23%. Eighty-four percent of sellers are likely to use the same agent again or recommend to others.

Forty-four percent of sellers offered incentives to attract buyers, such as home warranties or assistance with closing costs. The typical home sold for 96% of the listing price, compared with 95% in the 2009 profile.

Home buyers thought the most important services agents offer are helping find the right house, and negotiating sales terms and price. Buyers also most commonly choose an agent based on a referral from a friend, neighbor or relative, with trustworthiness and reputation being the most important factors.

Buyers use a wide variety of resources in searching for a home: 89% surf the Internet, 88% use real estate agents, 57% yard signs, 45% attend open houses and 36% look at print or newspaper ads. Although buyers also use other resources, they generally start the search process online and then contact an agent.

When asked where they first learned about the home purchased, 38% of buyers said the Internet; 37% of buyers from a real estate agent; 11% a yard sign or open house; 6% from a friend, neighbor or relative; 4% home builders; 2% a print or newspaper ad; 2% directly from the seller; and less than 1% from a home book or magazine.

Eighty-five percent of home buyers who used the Internet to search for a home purchased through a real estate agent, while 70% of non-Internet users were more likely to purchase directly from a builder or from an owner they already knew in a private transaction.

Local metropolitan multiple listing service websites were the most popular Internet resource, used by 59% of buyers; followed by Realtor.com, 45%; real estate company sites, 43%; real estate agent websites, 42%; other websites with real estate listings, 41%; and for-sale-by-owner sites, 15%; other categories were smaller.

Seventy-seven percent of all buyers purchased a detached single-family home, 9% condo, 8% a townhouse or rowhouse, and 6% some other kind of housing.

Commuting costs continue to factor strongly in buyer decisions, with three-quarters of buyers saying transportation costs were important.

Environmentally friendly features remain a significant factor: 88% of buyers said that heating and cooling costs were important, 71% desired energy efficient appliances, and 69% wanted energy efficient lighting.

Fifty-two percent of all homes purchased were in a suburb or subdivision, 18% were in an urban area, 17% in a small town, 11% in a rural area and 1% in a resort or recreation area. The median distance from the previous residence was 12 miles.

Not surprisingly, for-sale-by-owner transactions reached a record low, accounting for 9% of sales in the 2010 study, down from 11% in 2009. The share of homes sold without professional representation has trended down since reaching a cyclical peak of 18% in 1997. “In a market as challenging as today, it’s clear most home sellers need professional assistance,” Bishop said.

As seen in previous studies, many FSBO properties were not placed on the open market. Factoring out private sales between parties who knew each other in advance such as family or acquaintances, the actual number of homes sold on the open market without professional assistance was a record low 5%—the rest were unrepresented sellers in private transactions. The market share of open-market FSBOs is half of what it was six years ago—10% were sold on the open market in 2004.

The median home price for sellers who used an agent was $199,300 vs. $140,000 for a home sold directly by an owner, but there were important differences. The median income of unassisted sellers was $64,000, in contrast with $93,200 for agent-assisted sellers. Unassisted sellers were much more likely to be selling a somewhat smaller home, and they were more likely to be in a rural area. Combined, these factors suggest a lower value for FSBO properties.

The most difficult tasks reported by unrepresented sellers are getting the right price, preparing and fixing the home for sale, understanding and performing paperwork, and selling within the planned length of time.

NAR mailed an eight-page questionnaire in July 2010 to a national sample of 111,004 home buyers and sellers who purchased their homes between July 2009 and June 2010, according to county records. It generated 8,449 usable responses; the adjusted response rate was 7.9%. All information is characteristic of the 12-month period ending in June 2010 with the exception of income data, which are for 2009. Because of rounding and omissions for space, percentage distributions for some findings may not add up to 100%.

For more information, visit www.realtor.org.

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Tuesday, November 2, 2010

Designing a Successful Day


All success requires you to make a decision to succeed. Here are five thoughts to consider:

  1. Success is more difficult to live with than failure. You must know why you want to succeed so that it has purpose. Otherwise it is a non-fulfilling experience.
  2. Success in any endeavor requires you to pay the price. Short-cuts never win you the world-championship.
  3. Success is not a one-time thing, it's an all-the-time thing. You never play to lose but every loss teaches you how to play to win.
  4. Success is a habit–so is failure.
  5. Success is on the inside first before it ever translates to the outside. Feel good about you or you'll never be able to compete.

The quality of your life is in direct proportion to your commitment to excellence.

Based on the above, what's your dream day? If your "success canvas" was without the blight of your current challenges, how would you paint it? How would you answer the following questions:

  • What kind of work would you do?
  • How would you feel?
  • How many hours would you work?
  • What time would you start?
  • What time would you end?
  • How much money would you earn?
  • How much money would you save?
  • What memories would you create?
  • What one-on-one experiences would you have with your spouse?
  • How about with your kids?
  • How would your attitude be?
  • What would be the things you would not do?
  • How much more time would that give you?
  • How peacefully would you sleep?
  • How much inner peace would you have?

These are important questions, the kind of questions that determine your destiny. Highly successful people design their perfect days and they strive to adhere to that agenda. Use the above questions to help you determine if your choices are adding to or taking away from your success.

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Monday, November 1, 2010

GSEs Instruct Servicers to Help Unemployed Through State Programs

Fannie Mae and Freddie Mac have both issued notices to servicers that they must work closely with state housing finance agencies to provide mortgage assistance to homeowners who’ve lost their jobs.

The Treasury Department has awarded $7.6 billion for housing agencies in certain states to develop programs that provide temporary relief to unemployed homeowners.

Effective immediately, GSE servicers are instructed to accept all monthly mortgage payments from housing finance agencies (HFAs) on behalf of borrowers enrolled in state-specific programs for unemployment mortgage assistance or mortgage reinstatement plans.

The directive applies to mortgage loans held in the GSEs’ own portfolio, in a mortgage-backed securities (MBS) pool with the special servicing option, or a shared-risk MBS pool for which the GSEs market the acquired property.

Specific program details vary by HFA, but the assistance provided generally falls under one of two types. An unemployment mortgage assistance program pays portion of or the full monthly mortgage payment amount for qualifying borrowers so that they may seek employment or obtain job training without fear of losing their homes. A mortgage reinstatement program provides a one-time lump sum payment to assist in restoring a delinquent mortgage to current status.

A borrower participating in an HFA program may not simultaneously receive assistance through another loss mitigation program, including the federal government’s Home Affordable Modification Program (HAMP).

Servicers have been instructed that they may not determine borrower eligibility or communicate qualification for a state HFA program to a borrower. Servicers can, however, refer potentially eligible borrowers to the HFA in accordance with relevant state requirements.

The GSEs’ stressed, though, that servicers must not deny or delay consideration of a borrower for a relief or workout option pending approval for HFA mortgage assistance and must not require a borrower to first request financial assistance from an HFA as a condition of consideration for a relief or workout option.

Regarding protocol for foreclosures related to loans that qualify for an HFA program, Servicers are not required to accept mortgage assistance payments if a notice of trustee/sheriff sale has been recorded and is scheduled less than seven days from the date the servicer is notified of borrower approval by the HFA.

If the notice of borrower approval from the HFA is received seven or more days in advance of a scheduled foreclosure sale, Fannie says a servicer still should not suspend the foreclosure proceedings unless it has actually received funds from the HFA to cover the borrower’s mortgage payment.

Freddie stressed that if servicers suspend foreclosure proceedings, they must ensure that appropriate action is taken to re-commence foreclosure proceedings should the borrower’s mortgage payment not be received from the HFA in the month in which it is due.

Fannie Mae noted that it has elected not to participate in any principal reduction options that may be offered by some HFAs. Freddie Mac did not specify in its notice whether principal reduction was an approved means of assistance.

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Sunday, October 31, 2010

New York State Banking Department issues report on pre-foreclosure notices

The New York State Banking Department has announced that more than 76,744 pre-foreclosure notices were sent to New York homeowners who have fallen behind on their mortgage payments since May 31, 2010. A total of 134,000 pre-foreclosure notices have been sent since data collection began on February 13, 2010. If a borrower does not become current on their mortgage within 90 days of receiving the notice, the lender then has the right to begin the formal foreclosure process.

The four counties with the highest total number of pre-foreclosure filings on owner-occupied, 1-to-4 family properties were Suffolk County, Queens, Nassau and Brooklyn. These are the same four counties that topped the last report issued on June 10, 2010.

Starting next month, the Banking Department’s online filing system will begin accepting lis pendens information on mortgages that have a pre-foreclosure notice file in the system. A lis pendens is a written notice that a lawsuit has been filed against a property and is the legal beginning of the foreclosure process. The lis pendens data will be included in the Department’s next pre-foreclosure notice report, which will be issued in January 2011.

To read the entire Banking Department press release, click here.

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Friday, October 29, 2010

With Millions of Foreclosures on Horizon, Should States Mandate Mods?

The foreclosure crisis is far from over. According to figures released by the Center for Responsible Lending (CRL), since the crisis took hold, 2.5 million homeowners
have already lost their homes and another 5.7 million are at imminent risk of foreclosure. Looking ahead, the nonprofit research group says it’s projected that between 10 and 13 million foreclosures will have occurred by the time this crisis abates.

The federal government has implemented a mixed bag of foreclosure-prevention programs over the past two years in the hopes of stemming the tide, even incentivizing all parties involved, from lenders and servicers, to investors and the homeowners themselves. But housing analysts, watchdog groups, and industry insiders agree, they’ve yet to hit on a silver bullet solution.

CRL argues that the power to stop unnecessary foreclosures and stabilize local housing markets lies with state legislatures. With exclusive control over their state-specific foreclosure laws, the Center says lawmakers should impose mandatory loss mitigation standards for all servicers prior to foreclosure.

A recent study by the State Foreclosure Prevention Working Group found that “nearly three years into the foreclosure crisis…more than 60 percent of homeowners with seriously delinquent loans are still not involved in any loss mitigation activity.”

In a report written by Sara Weed, a policy attorney at CRL, and Sonia Garrison, a senior researcher for the organization, the Center outlines its proposal for state policymakers to apply “common sense standards to any actor pursuing foreclosure.”

The authors argue state legislatures should mandate that mortgage servicers assess whether foreclosure is in the financial interest of the investor before proceeding to foreclosure.

To be effective, CRL says this mandatory loss mitigation standard should be combined with a requirement that the foreclosing party provide homeowners with a loss mitigation application in tandem with any pre-foreclosure notice or pre-foreclosure communication.

If after the loss mitigation assessment the servicer opts to move forward with foreclosure, the authors recommend states institute a requirement that the foreclosing party

submit an affidavit disclosing their specific reasoning for the denial of a loan modification, including the inputs and outputs of any loss mitigation calculations.

In addition, homeowners should be granted a defense to foreclosure (or equivalent right in non-judicial foreclosure states) based on failure of the foreclosing party to engage in a “good faith review” of foreclosure alternatives, according to CRL.

“The reality is that many of these foreclosures can and should be avoided. All too often, troubled mortgages are sent to foreclosure, driven by a system biased in favor of foreclosure sales over sustainable loan modifications, even when foreclosure is more costly,” the authors wrote.

The report notes that borrowers seeking a loan modification are often told that they have been denied due to “investor restrictions.” However, a recent CRL research report points out that modification is more often than not a win-win for the investor and the borrower.

The Center says in fact, investors themselves often claim that they are not standing in the way of modifications and have voiced concerns that servicers are not acting in their best interest either.

According to the authors of the report, “spillover” costs extend throughout the neighborhood and the larger community. CRL estimates that by 2012, the foreclosure crisis will strip neighboring homeowners of $1.9 trillion as foreclosures drain value from nearby homes, pushing even more borrowers underwater on their mortgage.

Meanwhile, state and local governments continue to be hit hard by declining tax revenues coupled with increased demand for social services, according to CRL. The Urban Institute estimates that a single foreclosure costs $79,443 after aggregating the costs borne by financial institutions, investors, the homeowner, their neighbors, and local governments. But the Center says even this number understates the true cost, since it does not reflect the impact of the foreclosure epidemic on the nation’s economy.

“We cannot afford to wait any longer for the housing market to stabilize itself. If implemented quickly, states can prevent unnecessary foreclosures before it is too late,” authors Weed and Garrison said in the CRL report.

The recent news of some servicers circumventing state laws to push foreclosures through quickly has brought every attorney general in the country together and pitted them directly against the servicing community as one powerful and determined force.

Some attorneys general have come out and said mandated loan modifications may be considered as part of a settlement with servicers who’ve filed improper foreclosure affidavits. But such a stipulation would only apply to those foreclosure cases where documentation was found to be defective, and it’s expected servicers will put up a strong fight against such terms.

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Thursday, October 28, 2010

Untitled

Reconsidering Foreclosures, Short Sales and Listings in an Upside Down Market


When sales activity has diminished, as is the case in today’s market, appraisers have a much smaller pool of comparable transactions available to them. Such times require that appraisers give greater scrutiny to transactions that have traditionally been discarded. 

Here’s why and how appraisers are reconsidering foreclosures, short sales and listings in an upside down market.

Foreclosures
A sales transaction that complies with the definition of market value is often referred to as an “arm’s length” transaction. In this regard, an “arm’s length” transaction refers to a conveyance in which the parties are typically motivated, well informed, acting in their own best interest, have time to market the property and are not deploying unusual financing incentives.

Perhaps the most frequently cited example for a “non-arm’s-length transaction” is the sale of a foreclosed property. This is because, in a normal market, the mortgage balance is most often below market value. When the mortgage balance is below market value, the foreclosing lender has the option to cut the price of the real estate in order to achieve a quick sale.  This allows the foreclosing lender to terminate his investment in the loan quickly and favorably, without the risk of an extended marketing period.  Similarly, an owner who is selling in a normal market, under the duress of foreclosure, can cut his price for the purpose of quickly getting out from under a mortgage to salvage his credit. 

However, the relationship between the mortgage balance and market value is overturned under the recessionary market conditions we are presently experiencing. We all watched while the real estate bubble inflated larger and larger, rising to its fattest somewhere around the end of 2005 or early in 2006.  During this inflating period, credit was easily available and lenders were competing to make loans to buyers who were competing with other buyers in bidding up prices, often even higher than the original asking prices.  When the bubble eventually burst and values began to decline, many owners were left with huge mortgage balances. As the market declined precipitously, market values dipped below the principal balance on many mortgages, leaving owners “upside down.”  This situation was exacerbated as the supply of listings and foreclosures accelerated, while prices continued to plummet. 

These new market conditions created a new and abnormal relationship between the mortgage principal and market value. We now see that mortgage balances are often much more than market value. Foreclosing lenders are finding themselves with collateral that is worth considerably less than the mortgage amount. In many ways, this “upside down” posture makes a sale by a lender of foreclosed property much more similar to any other market transaction where a seller is simply trying to get as much as he can out of his real estate. No longer does the foreclosing lender have the ability of creating a “non-arm’s-length” transaction by simply choosing to liquidate the investment at below market value.  Instead, the foreclosing lender is now on equal footing with any other seller in the marketplace (typically motivated), simply trying to get the most money possible out of the real estate. Doesn’t this new set of circumstances equate the lender to any other seller?  Doesn’t this new set of circumstances qualify a sale of foreclosed property as an “arm’s length” transaction? 

Short Sales
One particular form of evidence that these transactions represent “arm’s length” arrangements is the emergence of the “short sale.”  A “short sale” is the modern label for a transaction in which the lender has simply agreed to accept a loan payoff that is less than the mortgage balance. In the circumstance of a “short sale,” there is no actual foreclosure because the owner and the lender (as well informed and well advised sellers) know that the value of their real estate and collateral has diminished and wish to take advantage of a present opportunity to get cash out of the property, just as would any other active seller.  There is no special or creative financing, only a mutual agreement by owner and lender to sell, just as any other seller might agree to sell. This often qualifies these transactions as “arm’s length” under current market conditions.

Nonetheless, many appraisers remain intent on avoiding the use of foreclosed and “short sale” transactions, claiming these transactions are representative of duress because of the depressed state of the recessionary market.  But the fact that these transactions are representative of the current state of the market is the very reason they are more worthy of our consideration. When the market is oversupplied and prices are low, we have an obligation to seek a value in our appraisals that realistically represents what a seller can obtain in the open market. The fact that a seller in the open market must compete with a plethora of other sellers, many of whom are lenders, cannot be ignored in any legitimate quest for market value. 

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Monday, October 25, 2010

Foreclosure, what does it really mean to people?



Miami, FL- (October 25, 2010) For the vast majority of homeowners, new questions about the state of foreclosures appear to be irrelevant. Few people seem to have been wrongly thrown out of their homes, and those who have been are generally months or years behind on their mortgage payments.

But the fallout from the crisis is beginning to be felt in real-estate markets across the country, particularly in places dominated by vacation homes and investment properties. Some of the worst-hit areas could be Western ski towns, because fall is the busiest time of the year for sales.

Real-estate salespeople in some of those places are worried. "September and October are usually the height of the selling-season for us," says Rich Armstrong, who owns the brokerage Rare Properties in Jackson Hole, Wyo. "Now we are seeing a number of what we call 'fence sitters,' people who would have leapt in even a month ago, but now are waiting on the sidelines."

The "foreclosure crisis" is a result of the frenzied real-estate boom and bust of the past decade. Banks made foolish loans, and borrowers signed up for them—only to default later, as the economy slumped. Banks rushed to reclaim properties, launching a record number of foreclosure proceedings.

In the past several weeks flaws have emerged in that complex process. Because of the high volume of foreclosures, the documentation supporting legal actions was prepared hastily, and some homes were seized improperly


Yet the far bigger worry is what happens next. A frenzy of lawsuits and banks' examinations of their own practices could throw more of the millions of foreclosures of the past few years into legal jeopardy. Attorneys general in all 50 states are investigating, and plaintiffs' lawyers are working hard to perfect their legal strategies for suits on behalf of people who have been foreclosed on.

The suits might well fail. But just the threat that past foreclosure rulings might be overturned could result in collateral damage. In some places, banks are rushing foreclosed properties to market. In others, buyers are stepping back, refusing to buy foreclosed properties or "short sales"—homes sold by owners for less than the mortgage balance. In markets already beset with large inventories of foreclosed properties, the result could be a slower recovery.

Coastal markets and ski areas are feeling the most anxiety. Some already are littered with foreclosures—in part because they're dominated by second-home and investment properties. Those owners are more willing to walk away from a house that isn't their primary residence.

Foreclosure tracker RealtyTrac estimates that, nationwide, 30% to 35% of properties in foreclosure are owned by investors or were second homes. In Aspen, Colo., the figure is about 60%, says Kim McKinley, owner of McKinley Sales Real Estate in Basalt and Aspen, Colo. If foreclosure proceedings slow from here, inventory could jump, leading to price weakness late


"We're concerned that the phantom inventory buildup will cause a more rapid and drastic drop in prices in Aspen, which is just getting started in terms of foreclosures coming to the market," says Ms. McKinley.

The timing of the foreclosure mess is especially inconvenient for ski towns, given the fall selling season.

Property owners are growing nervous. In Park City, Utah, lenders are quickly unloading foreclosed homes ahead of what could be a long, stalled foreclosure process, says Joe Trabaccone, a real-estate agent there.

On Oct. 11, for example, J.P. Morgan Chase put up for sale an 8,000-square-foot home adjacent to a private gated golf course. Mr. Trabaccone initially recommended the property be listed for $1.6 million, but Chase opted for $1.26 million. "They are offering these homes far too low just to hurry up and sell them," Mr. Trabaccone says.

Even so, it hasn't worked. A buyer made an offer and signed a contract, but then backed out.

In South Lake Tahoe, Calif., on Thursday, Freddie Mac, the big government-sponsored guarantor of mortgages, put a foreclosed home that had just been listed for sale on hold, freezing the property until paperwork could be straightened out. The foreclosure mess "seems to be filtering down and it could be an impact," says Doug Rosner, the broker who had listed the home. Three other properties in town were also frozen, another real-estate agent says.

The "sand states" of Arizona, California, Florida and Nevada are being hit as well. These areas, too, have a lot of vacation and investment properties—and a lot of foreclosures.

Robin Speronis, a real-estate broker in Cape Coral, Fla., says business had been picking up recently, with several inquiries a day—until the latest foreclosure scandal broke. Since then, she says, inquiries have shriveled to just one in the past week.

Susan Weeks, 55 years old, and her husband, Eddie, aren't optimistic. The couple had expected to retire and downsize when they bought a condo in Clermont, Fla., near Orlando, in 2007 for $192,000. Their plan was to sell their primary residence 10 minutes away and live in the condo. The trouble: They can't sell their first home.

The Weeks paid $269,000 for their three-bedroom home in 2004. The house next door, a bit larger, is listed at $185,000, Ms. Weeks says.

The couple has decided to move back to their primary home and take a renter for the condo. But while that brings in $850 a month, the Weeks take a $450-a-month hit on the condo —on top of the $2,400 a month they pay every month on their primary home.

"We're just going to wait it out," she says.

The possible foreclosure wars to come loom so largely over Florida markets that Ms. Speronis is urging condo sellers to consider any offer they get, even if it is far below asking price or what is owed on the mortgage.

Dianne Cloutier, a records supervisor in Chelmsford, Mass., had been looking for a retirement property in Cape Coral, but decided to wait because of the foreclosure mess. "It's left us on hold until we are sure the banks have legitimately foreclosed on people and that nobody can come back on us to get their property back," she says.


Foreclosures aren't the only problem. Short sales are getting more difficult to pull off, too.

In Bend, Ore., agents say buyers are avoiding short sales or even backing out of contracts because they don't want to deal with paperwork hassles or the chance of a court challenge later.

"I have some people saying 'I don't want to mess with bank-owned properties or short sales,'" says Dianne Willis, principal broker with RE/MAX Sunset Realty in Sunriver, Ore. "They're reluctant because it can be a frustrating process, especially for those who are looking to make a big move."

The short sales "can be very frustrating," adds Becky Ozrelic, of with Steve Scott Realtors in Bend. "You just have buyers waiting and waiting."

For sellers, lining up a short sale was tough even before the latest foreclosure crisis. Banks and mortgage "servicers," the outfits that process payments, already had been scrambling to handle surging workloads.

Mike and Kim Schwarz of San Jose, Calif., are coming up on the one-year mark on their short-sale saga.

The couple had acquired several investment properties over the past few years, including one in Thousand Oaks, Calif., for $751,000. After the tenants stopped paying rent, the Schwarzes couldn't cover the payments and decided to sell, Mr. Schwarz says.

They lined up a buyer in November 2009, and started working with their loan servicer on the short sale. For lenders, short sales are ugly because they guarantee a loss, but they often are preferable to a foreclosure, in which the lender is saddled with a tough-to-sell house.

The servicer, Residential Credit Solutions, took six months to process the paperwork, the Schwarzes say. Faxes and emails were sent, but nothing happened, Mr. Schwarz says.

"We typically don't hear from borrowers about long delays," says Dennis Stowe, president of Residential Credit.

The buyer walked away from the deal in June. The couple found another buyer in August, and resubmitted the short-sale paperwork. Mr. Schwarz says he has sent paperwork to Residential Credit four times since.

On Friday, Mr. Schwarz says, Residential called to tell him the short-sale paperwork looked good and the sale should close in mid-November.

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