Archive for November, 2011

What to Expect as 2011 Winds Down

Nov 27th, 2011

As the year winds down, it is time to take a look at the market and get some ideas what to expect going forward.

IT’S NOT A PRETTY PICTURE FOR UPSIDE-DOWN PROPERTY OWNERS

At the start of 2011, I believed that we would get through most of the residential foreclosures by the end of the year and that the market would focus on commercial foreclosures and loan workouts. That turned out to be way too optimistic. Ongoing troubles in financial markets in Europe, the United States, and particularly California coupled with confusion and instability amongst lenders have kept the possible buyers wary of committing. As a result, the “shadow inventory” of distressed home mortgages remains at an all-time high, even though over-all numbers are slowly dropping. Lender Processing Services (www.lps.com) reports that currently there are 6,298,000 mortgages going unpaid in the US. Standard & Poor’s estimates that at current rates, it will take at least 45 months for all of these properties to clear the system either through sales or foreclosure. A deteriorating housing picture, coupled with an increase in expenses and a drop in consumer confidence, led to a sharp decline in consumers’ financial health during the third quarter. The nonprofit credit counseling agency CredAbility puts out a regular quarterly index measuring consumer distress. Between July and September, the gauge recorded its largest drop since the third quarter of 2008. CredAbility’s data show the average consumer has been in distress for 12 straight quarters now.  As reported on my earlier Blog on November 1st, the government’s various programs to help upside-down owners have remained ineffective. Loan Modifications remain as hard to get as ever and short sales are facing resistance from junior lienholders who may find better recourse by forcing a foreclosure.
The bottom line: we cannot expect the market to truly get back on its feet until 2014 or later.

IT’S A GREAT TIME FOR BUYERS AND INVESTORS
While any market turndown means disaster for some, it also means opportunity for others. Given the extreme depth of this economic recession, the result is unprecedented opportunities for those who can act:

1) Property Prices are Down – Prices in California continue to fall. DataQuick (www.dqnews.com) reports that home prices in Sacramento County are down 9.68% from 2010 with California overall down 6.8%. REO’s and short sales make up more than ½ of all sales. Expect further declines in the short run as BofA and other distressed lenders seek to offload the high number of bad loans on their books. Their dramatic increase in foreclosure starts over the summer will skew the numbers further downward but only until they catch up with other lenders who didn’t stall foreclosures after the robo-signer debacle of Fall 2010.

2) Loan Costs are Down - On November 1st, the government raised FHA loan limits through 2013 to 125 percent of local area median home prices, up to a maximum of $729,750 in the highest cost markets. The loan limits for Fannie Mae- and Freddie Mac-backed mortgages, however, will remain at 115 percent of local area median home prices, up to $625,500. That means loans as low as 3.5% down payment for a 30 year fixed rate at 4.0% interest rate.

3) Rents are Steady & Rising – a study by www.ApartmentRatings.com indicates that rents in Sacramento have been climbing in 2011. Our experience was that there has never been much decline throughout this recession. The high number of foreclosed homes has meant a large increase in prospective renters, typically people that know how to care for a home and who will work hard to rebuild their credit so they can buy in again two to three years later.
The bottom line: Get your hands on property now – not for quick flipping but as a steady and stable investment in your future at prices and loan costs we have not seen in a great many years.

Having been a real estate investor, manager, broker, and developer for over 30 years, I’ve survived multiple economic crashes… scarred but with more knowledge to move forward. If you’re upside-down or ready to move forward with property acquisition, we can help.  To learn more, contact me at sjbeede@bpelaw.com or call us at 916 966-2260. In addition to handling all legal needs you may have, our attorneys are skilled in real estate purchase and sales, lending, property management, and negotiation.  Let BPE be your resource for real estate and business opportunity.

The information presented in this Article is not to be taken as legal advice. Every persons situation is different. If you are upside-down on your loan(s), especially if you’re facing a lender lawsuit, get competent legal advice in your State immediately so that you can determine your best options.

Posted in Business, Foreclosure, Lawsuit Defense, Trustee Sale, investment, short-sale | No Comments

Inspector General bashes TARP Program

Nov 1st, 2011

Through the 2009 Troubled Asset Relief Program (”TARP”), the American taxpayers invested hundreds of billions of dollars in hundreds of financial institutions, the auto industry, and certain markets for asset-backed securities. To oversee this, Congress established a Special Inspector General as a watchdog to protect those investments and report on their performance. In practice, this has meant prosecuting those financial institutions that commit crimes involving TARP funds and to make recommendations to the Department of Treasury.

 

For real estate owners, the TARP monies fund the HAMP loan modification program, HAFA short sale/Deed in Lieu program, and the HARP refinance Progam, plus many other programs.  On October 27, 2011, the Special Investigator released a 306 page Quarterly Report to Congress which unveiled several important facts affecting the real estate industry:

 

1)  Only $2.5 billion - or 5.4% 0 of the $45.6 billion in TARP funds earmarked for housing support programs has been spent. Calling the lender participation in the HAMP program “disappointing”, the Report indicates that as many as 600,000 eligible homeowners will be left out.  For those who have been struggling with getting lenders to respond to their HAMP applications, this Report suggests that the problem was in part a lack of willingness of the government to push the lenders to act. The Inspector General made four recommendations to Treasury to improve servicer performance which could keep more people in their homes.  Treasury has refused to act on any of the recommendations. As stated in the Report, “Treasury is giving up a chance at meaningful change and sadly, it is struggling homeowners who have the most to lose”.

2) The lenders who received the TARP bailout money are required to particpate in these housing programs. Given the huge number of homeowner complaints the Investigator has received, the Special Investigator urged Treasury to set benchmarks for servicer performance and to impose fines and withhold payments to violators.  However, Treasury is leaving it up to the lenders to voluntarily comply and refuses to compel the lenders to do so. As the Report points out, “Compliance with program guidelines is not, and must not, be voluntary”.

3)  As of September 1, 2011, the 20 largest loan servicers (including BofA, Chase, Wells Fargo, and Ocwen) are required to designate a Single Point of Contact.  The single point of contact, referred to as the “relationship manager,” will have the sole primary responsibility for communicating with the borrower (or the borrower’s authorized advisor) about options to avoid foreclosure, his/her status in the process, coordination of receipt of documents, and coordination with other servicer personnel to promote compliance with timelines and requirements. This single relationship manager will be responsible for managing the borrower relationship throughout the entire delinquency or imminent default resolution process, and if the loan is subsequently referred to foreclosure, must be available to respond to borrower inquiries regarding the status of the foreclosure. The relationship manager’s proactive responsibilities end when a homeowner completes a loan modification or when all loss mitigation actions have been exhausted.

4)  Many homeowners are denied a HAMP modification because they fail the “Net Present Value” (NPV) test.  The NPV test is used to enable investors to determine whether they would recover a better value from modifying the loan or from foreclosing. This has caused great confusion and questioning as to what data was used for the test.  Now homeowners can run this test themselves online at www.CheckMyNVP.com. This can be used to check data after an NVP denial or even before applying for HAMP.

There is a lot more information within the pages of the Report which I’ll be sharing in subsequent postings. In the meantime, if you have been wrongly denied a loan modification or other relief allowed under the TARP program, contact your Representative or Senator and demand that they take action to compel lenders to comply with TARP requirements.  Otherwise, at least 600,000 more homeowners are likely to lose their homes.

If you are a California property owner, consider our $200 Attorney Consult program that will help you determine all of your options and choose the best strategy to enable you to move forward as intact as possible.  To learn more, contact me at sjbeede@bpelaw.com or call us at 916 966-2260.  If you are interested in discounted loan negotiations, please contact my Associate Attorney, Alex Munn, at awmunn@bpelaw.com or call him at the office.

The information presented in this Article is not to be taken as legal advice. Every persons situation is different. If you are upside-down on your loan(s), especially if you’re facing a lender lawsuit, get competent legal advice in your State immediately so that you can determine your best options.

 

 

 

 

 

Posted in Foreclosure, Loan Modification, Trustee Sale, short-sale | No Comments