Archive for ‘short sales’ category

New goverment rescue plan for foreclosed and underwater homes

31 March, 2010 | David Morris | No Comment

Over the last seven days the papers have been full of new ideas to help the troubled home market. Anyone that is interested in the economy, job growth and unemployment must be concerned with the health of the housing market.  Until housing is back on a solid footing the US economy will be wobbly at best, and at worst it will have a second recession.  Bank of America’s proposed plan to help 45,000 homeowners is laudable but about as effective as using a squirt gun on a home fire.  What is important about Bank of America’s plan is that after three years of blindness they have cracked the door open to the unpleasant, smelly reality of the housing crisis and offered a solution to it. 

Banks and investment banks played with the US economy and profited mightily at the expense of America on the whole.  Regardless if you were conservative and never played in the housing boom, you were used by the banking industry and are now worse off for it. 

On Saturday the Reno Gazette-Journal ran a front page story “Rescue may miss many who need it”. First, let me say in essence that the paper is correct.  Bank of America is recognizing that 45,000 very sick homeowners are going to lose their homes.  The real issue is that those 45,000 are the nearly dead and it is the 16 million homes underwater that need to be focused on and until all banks step up to the plate, housing is flying south for a very long and bitter winter. 

I want to acknowledge just how difficult acting on the problem really is.  The banks have woven a web of curious networks between insurers, investors, servicers and others with protections, profits and liabilities that can be hard to understand.  Despite the problems we are facing, some are profiting from the chaos, not least the very assorted banks and investment banks that brought on the disaster to the American people.

On one hand the commonly held belief, still held by many, is to let the cleansing process work itself out.  Many homeowners that never bought during the boom, or have free and clear homes, are heard to shout this sentiment out and cast all that are in trouble as dilatants that have received their just rewards for not being smart like them.   Without a question in 2006-2007 tens of thousands of people lost their homes that should never have ever received a loan.  But now we are talking about 2010.   We are talking about people that bought homes in 2007, after the “bubble burst”, fully qualified for a home, put 20% cash down and today are underwater!  We are also talking about homeowners that purchased homes in 2001, well before the much talked about “bubble” and put 20% cash down and today have homes that are underwater.  Our market has rolled back well beyond the stupidity of 2003-2006, back to 1998-1999 values.

In the Saturday RGJ article titled “Rescue may miss many who need it”, University of Nevada, Reno economist Tom Cargill said of the new Obama plan “it’s a terrible waste of taxpayers’ money. It uses taxpayers’ money to support bad decisions made by people to buy homes they can’t afford.” Personally, I highly disagree.

We are looking at homeowners that now realize that they are $200,0000-$500,000 upside down in their homes. These were all qualified buyers, who all put down 20% or more and are underwater.  Mr. Cargill, please tell these tens of thousands of Nevada homeowners tough luck and that they made bad decisions.  Please tell them to forget that they owe more money than most and to go out and become consumers again and run up their credit cards and spend money so the economy can grow and the banks can profit and they just need to suck it up and in 7-12 years, if they are lucky, their homes just might, maybe have some equity in them.

What needs to be done?  I suggest the radical notion of the following:  protect the principal, protect the investors, encourage homeowners to pay off their principal loan balances.  First, work with all homeowners that have homes underwater and who are current on their payments.  Move all loans to a .5% interest based on a 15 year amortized loan.  Years 1-5 are at .5%, years 6-8 are at 4%, years 9+ are at 6%.

Example:  A $300,000 loan @ 5.5%/30 years has a P.I. payment of $1,703 per month.  .5% has a payment of $1,730 per month.  The point here is that many homeowners are short selling as much as they realize that it will easily be 10 years before they have equity but can make the payment.  With a 15 year loan not only do we have free and clear homes in 15 years in a mere 5-7 years, the loans will have been paid down so much that with no appreciation whatsoever in the housing market the homeowner will have equity. 

For those homeowners that are not current they can be offered 20, 25, 30 year loans.  In the same example the loan payment would drop over $800 per month on a 30 year loan.  If that does not save the homeowner then per Mr. Cargill they truly overbought or their income has been cut so much that foreclosure is their only option. 

 Drastic?  Not really.  Homeowners take homes off the market, principal is preserved, fewer homes for sale, better chance for stabilization.  Better stabilization and growth, better tax income for the city, better confidence in an individual’s personal financial position, the more likely they are to spend money. The more money they spend the more taxable income to the state, the more confidence homeowners have about themselves, the more likely to buy services, the more services they buy, the more companies can expand and hire. The more people that have jobs the better the economy and so on.

What about the federal government and the bailout money?  Well obviously .5% for 5 years is a bit painful for the banks so that money goes to give the banks/investors a 2% additional return for years 1-5.  When a seller sells in years 1-5 they pay to the federal government a percentage of the profits, if any, as a form of repayment.

Investors get their principal, banks stop write- downs, banks stop paying tens of thousands of employees to handle bad debt, banks save hundreds of millions of dollars on foreclosure costs and write-offs, homes come off the market and prices stabilize.

Short sales, foreclosures, traditional sales

24 March, 2010 | David Morris | No Comment

Last week the Wall Street Journal ran an article on short sales.  The article is well meaning but I feel is poorly informed.  I have added the article in its complete form below with my notes in brackets:

“Q: I am looking to buy my first home, and it seems like short-sales are priced much lower than regular sales. Are these prices negotiable, or are they the bottom line that lenders will accept?

A:Many lenders negotiate prices for short-sales [The lien holder is NOT the owner and cannot negotiate the price of the home],  in which the seller is offering the home for less than is owed on the mortgage. But traditionally the only way you could find out was to submit a below-list offer and wait—often for many months—for a response. If the bank made a counter-offer, you knew you were in the ballpark; if they didn’t respond at all, you were too low [The author missed the point.  The bank is NOT the seller and does not "counter the buyers offer". The short sale process is first and foremost to confirm that the lien holders will approve of a short sale for the seller.  That in fact the seller is approved to do a short sale.  Then the lien holders negotiate with the seller on terms acceptable to the lien holders/investors on what they will accept.  The lien holders are looking only at the costs of the sale or the HUD-1 settlement sheet]. By then, you may have lost all interest in buying the property.  [Lien holders are looking at what is best for them.  Is a foreclosure more profitable?  Is the offer within acceptable range to approve of a short sale for the investors without the expense and risk of a foreclosure?  It is all about the net.  Lien holders do not respond to offers per se, they respond to the owner of the home and a low offer only creates a barrier whereby the foreclosure route is the best way for the lien holders to go, thus a decline of the short sale.]

The good news is, on April 5, this frustrating system will change at least for some buyers and sellers. That’s when the federal government will begin to provide financial incentives to lenders to do more short sales. The rules also help standardize the process, so your chances of negotiating a distressed property bargain will increase.  [No, in fact we really do not know what to expect but the author is still thinking that a short sale and a foreclosed home are one and the same.  It is my opinion that in fact the author is right in the fact that more "bargain" sales are on the way but not for what is being said.  In reading the new directive it appears that the banks may well use the short sale process to circumvent the expenses of a foreclosure.  Only time will tell on this.  Until a home is foreclosed on the banks do not own the home and the owner is the seller.  Sellers today are finding that to approve of a short sale they must agree to financial terms on some form of loan payment.  That does not happen when a home is foreclosed, though the banks have the legal right to pursue the owner for lost monies, but that is another subject.]

Under the old practices, when a financially-distressed seller brought a potential buyer who was offering less than the amount owed on the loan, the bank would order an appraisal or broker’s price opinion (BPO) and then decide whether the offer was acceptable [Correct, the banks are looking at fair market value, as a buyer looking for a "bargain" this is where they go wrong.  Fair market value is what the home is worth].  Under the new federal rules, banks will order a BPO before the property is listed for sale, and will share information on the minimum net proceeds they’re willing to accept with the sellers. If they then bring in a buyer whose offer is equal to or greater than this pre-approved amount, the lender must accept it within 10 days.  [This is correct, but actually seeing the lenders adhere to such a time line will be interesting to see.  The new process if done correctly (something I have been asking for for two years) would be huge.  By placing a home on the market that can close in a near normal fashion, we can slow down and even stop the falling prices, therefore the question on bargains we hope will also be coming to an end as well.]

Not all sellers are eligible for this program, called Home Affordable Foreclosure Alternatives (HAFA) (for the requirements see Help for America’s Homeowner’s Supplemental Directive 09-09). But since the process is likely to go so much smoother for those who buy and sell under HAFA, I suggest you wait a bit until the program goes into effect and concentrate on finding these “pre-approved” deals.  [Agreed.  In fact, based on what I know now many homes will fall outside of this program.]

Of course, when you do find a property you like, you may not be the only person bidding on it. [The days are long gone where only one buyer bids on a home.  Today any buyer writing a low offer is pretty certain to fail, unless they are trying to buy a home that NO ONE else wants and that is also another story for another time.] To improve your chances of winning, make sure your offer is “clean,” with as few contingencies as possible (though I would never fore go a home inspection). Include tax and credit records, and a mortgage pre-approval letter. If you can afford to pay cash, that will put you in an even stronger bargaining position [This is not different than any offer, at any time, these are in fact standard items that any offer should include].  Still, in your eagerness to win the property, don’t forget that distressed properties often come with added financial burdens. Although under HAFA, the seller is supposed to provide clear title, to protect yourself your, your contract must make it clear that you will not be responsible for any of the seller’s unpaid property taxes, liens or second trusts.  [Here we go again, the author is confusing short sales and foreclosed homes, what she says is true on foreclosed homes but on short sales the home is still owned by the owner and in most states the law says that the owner is still responsible for full disclosures] . Also, cash-strapped homeowners often stop paying taxes and homeowners’ association fees during the time between when the house is listed and the deal is closed. To make sure that you’re not on the hook for these expenses, Leonard P. Baron, professor of finance at San Diego State University, recommends that you ask that the bank escrow at least six months worth of taxes and HOA fees, to cover any potential shortfall.  [We call this clear title and in areas that useescrow and title companies all recorded liens must be paid or the escrow cannot close.  Again the difference here is short sales versus foreclosures.]

 June Fletcher at fletcher.june@gmail.com

  It went on to explain how to get a good deal and how the new government guidelines will address how short sales need to be handled from April on.  The general ignorance of the article was amazing and the lack of knowledge underscores the gap in understanding.  Later today we are going to post 60 graphs giving a update on what is happening in the Reno & Sparks Markets with the three dominate types of sales, short, foreclosed, traditional.

Foreclosures in Febuary 2010, multiple offers and more

15 March, 2010 | David Morris | No Comment

As we move into the mid point of March I am seeing a different pulse from the past 30 months.  Maybe, just maybe, by July of 2010 I will be able to look back six months and finally say “we hit bottom”, keep your fingers crossed.

Here is a quick note from Vince Lotito with PrimeLending, INFO THAT HITS US WHERE WE LIVE:

“There wasn’t a ton of housing news last week, but one can always find a few significant items. For example, foreclosure filings in February were down 2% from January and up just 6% from a year ago — their smallest increase in four years. Most significantly, in the six states that made up 61% of the national total for February, foreclosure filings were down 15% from a year ago. We’re definitely heading in the right direction. �

Here’s a chart showing that housing is a great long-term investment, not withstanding the last 3 years.”

Inventory is getting tight, I know that many of you will find this odd with prices still showing declines and, in some neighborhoods, a For Sale sign on every corner, but inventory is getting slim in select parts of Reno, Sparks and Carson City.

For the first time ever, we are seeing multiple offers on short sales, and the offers are no longer at the bottom of the barrel.  Encouraging signs and with 16 days left in March, this month may well prove to be a bellwether month.