Friday, July 31, 2009

Treasury states total loans held by top 15 banks down 2.8% in 2nd Q. How are we going to get solid growth w/ bankers reducing lending?

Thursday, July 30, 2009

Recent trend: builder/developers buying land; June housing starts rose 4th straight month 14.4%; and existing home sales up 3.6% nationally.

Wednesday, July 29, 2009

June, loan servicers modified 96,000 loans; and another 214,000 in repayment plans. Since July 2007 loan workouts initiated total 4.7 mill.

Wednesday, July 22, 2009

Bernanke testifies before House Committee the Fed to keep lending rates near zero. Due to unemployment foreclosures will continue to rise.
Survey states 75% of US Banks tightening underwriting on mortgages for 2nd year in a row. Mortgages will continue being difficult to close.

Tuesday, July 21, 2009

House Appropriations Committee voted to extend the $729,750 loan limits for loans in high-cost housing markets thru 09/2010 - S.CA included.

Monday, July 20, 2009

Present Status of California Foreclosure ...

So with all the media hype on foreclosures, you might be wondering what is the non-judicial foreclosure process in the State of California? Well that depends on several factors. Prior to February 20, 2009 (enactment of the new California Foreclosure Prevention Act) the California Civil Code §2924 outlines the details of the foreclosure process. In summary, upon a default of the promissory note (mortgage) secured by a deed of trust, the trustee, mortgagee, beneficiary, or any of their authorized agents can file and record with the county where the property is located a “Notice of Default” (“NOD”). The mortgagor (borrower) has ninety days (three months) to cure the default. After three months, the mortgagee, trustee or other authorized person can file a “Notice of Sale” that states the time, place, and manner that such sale will be conducted. The trustee sale can’t occur for an additional 21 days from the date of the “Notice of Sale.”

The California Foreclosure Prevention Act was enacted because of the “unprecedented threat to the State and local economies due to skyrocketing residential property foreclosure rates in California. These high foreclosure rates have adversely affected property values in the State.” The Act states that a mortgagee, trustee or other person authorized to take a sale shall not give a Notice of Sale until at least 90 days after the lapse of three months as stated in §2924 of the Civil Code, if all the following conditions exist:

1. “Loan was recorded during the period of January 1, 2003 to January 1, 2008 and is secured by residential real property;

2. The loan is a first mortgage or deed of trust on the property;

3. The borrower occupies the property as their principal residence at the time the loan became delinquent; and

4. The Notice of Default has been recorded on the property.”

This Act does not apply on loans serviced by a mortgage loan servicer who has implemented a comprehensive loan modification program that meets certain modification requirements (as detailed in the Act). The goal of the Act is to provide loan servicers adequate time to evaluate a loan modification on loans in default in order to reduce the foreclosure burden throughout the State.

If you satisfy all the requirements of the Act and the Mortgage Service Company doesn’t have a comprehensive loan modification program in place or has not applied to the Commissioner for an order exempting loans from the Act; then you have an additional 90 days before the property will be sold at a foreclosure auction. However, most if not all, major service companies have comprehensive loan modification programs in place. In addition, the major loan servicers have applied to the Commissioner for exemption.

If, by chance, the loan service company delays the foreclosure (any time prior to the trustee sale), then it is doing so voluntarily. Since the fall of 2008, most major loan service companies have voluntarily enacted a foreclosure “moratorium” thus freezing the foreclosure process prior to auction sale. The rumor within the industry is that this “moratorium” will be in place until September, 2009. At which time a pent up volume of foreclosures will proceed through the process (up wards of approximately 135,000 loans are in default in California as of June, 2009).

Conversely, the Act does not apply to non-owner occupant properties (investment properties), or on junior lienholders (2nd, 3rd, etc., trust deeds) or on loans created prior to January 1, 2003 (or after January 1, 2008) which leaves out a majority of the mortgages in place. In reality the Act is creating relief for the alleged “sub-prime mortgages” that allegedly started this wave of foreclosure activity. Unfortunately, the mortgage meltdown (starting in 2007-08) has now expanded to the prime mortgage market segment as well.

If you are behind in your mortgage you should consult with a professional to review your options. There are several options that you might have depending upon your specific situation. If in the meantime, you should need any assistance please contact me at jim@peys.net.

Tuesday, July 14, 2009

Foreclosure Radar June figures - 22,291 homes sold at auction in CA with average bids 39.3% below loans; and 46% discounted by 50% or more.

Saturday, July 11, 2009

Developer pioneer, Ray Watt, dies. Over 60 yrs he developed over 100,000 homes in S.CA, 8 million sq.ft. of offices, 50 retail centers, etc.

Friday, July 10, 2009

Personal savings currently accounting for 8% of income (total $900 Billion this yr). Could be the path way out of the real estate doldrums.

Thursday, July 9, 2009

Are banks repeating past mistakes: spread between conforming and jumbo loans increasing - forcing borrowers into higher rate riskier ARMs.
Organizing business networking group in N. Orange County. Business development, mastermind, networking. Interested contact me: jim@peys.net
In attempt to avoid 4 million foreclosures, Feds have approved 240,000 distressed borrowers into "Home Affordable Modification" program.

Wednesday, July 8, 2009

The Often Overlooked Solution - Short Sales ...

For months pundits have openly debated whether the stimulus money invested in the various financial companies actually would trickle down to the consumer or property owner. Over the past year approximately 850 billion has been made available by the Federal Government to financial institutions in an attempt to avoid a total collapse of our financial markets. A few stories have seen publishing daylight about the abuses from notable insurance and finance companies (federal funds used for lavish vacations, bonuses, etc.); however, most of the funds have been used to shore up the banks balance sheets, alleviate cash flow hurdles, cover bank losses, and in part to cover mortgage defaults. The question has been raised by many regarding how much of this money will actually trickle down to the consumer who is overwhelmed by a loss of equity, rate adjustments, unemployment and a deepening recession? Only time will tell how effective the Feds stimulus package worked in "softening" this financial meltdown for the Nations homeowners.

Several components of the Feds bank stimulus package are intended to protect homeowners and provide them with some level of protection from losing most people's largest asset - their homes. The "Home Affordable Modification" program is at the epicenter of Obama's stimulus plan for homeowners. This program allows homeowners to modify their existing mortgage (assuming several criteria are meet) to reduce their payment and thus provide financial relief. Banks, in turn, are obligated to provide an aggressive loan modification program. This is intended to prevent the average American homeowner from losing their property via foreclosure.

In a parallel move, the Feds have encouraged lenders to "delay" processing foreclosures (REO moratorium). A huge release of bank REO properties would result in a further reduction in the median price in markets "hit" the hardest - i.e., California, Florida, Nevada, Michigan and Arizona. A further market erosion in the median home prices will have a devastating effect on the Nation's recovery. These "voluntary moratoriums" were originally put in place in the fall of 2008, and have been extended several times since. These moratoriums have allowed the real estate market to catch its breathe; and allowed the lenders to rewrite thousands of loans, etc.

On the other hand these moratoriums have caused bank foreclosures to stock pile for some date in the future. At this time there are over 135,000 delinquent properties going through the foreclosure process in California since the first quarter of 2009. This number continues to climb with each passing day. The number and potential effect on California real estate is mind numbing. So what are the banks doing to solve this mess?

Well they are actually attacking the problem on several fronts. First the loan underwriting guidelines and requirements have changed significantly preventing "questionable borrowers" from getting loans. Next they have implemented an aggressive "loan modification" program to help borrowers in trouble, but who are not entirely wiped out (borrower and property must meet minimum threshold requirements). The moratorium on foreclosures have allowed the market prices to stabilize somewhat by reducing inventory levels - especially in the lower end of the market. In addition, lenders have been encouraged to approve a greater number of short sales (sales where the banks take less than what is owed on the property).

This short sale emphasis is meant as a last ditch solution for homeowners without any other option but foreclosure. Which in this market (i.e., Long Beach being a representative sample of S. CA) short sales and other troubled properties constitute 47% of all closed sales in June; 43% of all pending sales (currently); and 35% of all current active listings. Specifically in June (Long Beach only) there were 236 closed single family home sales, and of this number there were 112 troubled properties closed (defined as REOs and short sales single family homes only NOT including condos). That constitutes a huge percentage! Remember historically REO (bank owned properties - "real estate owned") properties run less than 1% of the market nationwide. This tells me that banks have substantially increased the number of short sale approvals.

Last year at this time only 25% of all short sale applications were being accepted by lenders. That means that 75% of all short sales failed to close escrow! There has been a substantial increase in short sale approvals, while at the same time banks are stream lining their short sale process making it slightly easier to work through their system. A short sale offers homeowners who for whatever reason don't qualify under the "Home Affordable Modification" program (of which there are several "qualifiers") another solution short of foreclosure to resolve their issues. So in an "indirect" way the short sale has become another tool for homeowners to take advantage of the Federal mortgage stimulus package.

Actually the Feds as a part of the stimulus package has strongly encouraged all lenders to approve more short sale transactions. The way that has occurred is by pouring billions of dollars into banks and in the market specifically earmarked for short sales. In addition, the Feds have provided specific goals with broad guidelines for banks to stream line their short sale processes. The money earmarked for short sales bridges, in part, the difference between the outstanding mortgage balance and the amount paid at closing. The entire loss (the actual short fall) will not likely be covered by the stimulus package; however, banks acknowledge that a short sale ultimately is better for the bank than a foreclosure. Lenders stand to lose significantly more money in foreclosure due to holding costs, deferred maintenance, tenant cash-for-keys, marketing costs, and potential market price depreciation (further erosion in market prices), than if they accepted the exit strategy offered by a short sale transaction. Besides we all know from Economics 101 that a dollar today is worth more than a dollar tomorrow.

So in a tangible way short sale transactions may be the unsung hero after loan modification which will be beneficial for all parties - including homeowner, lender, secondary markets, Federal agencies, Fannie Mae, Freddie Mac, and the economy as a whole. Who would ever guess a year ago when agents, buyers and sellers alike struggled with getting a short sale approved that it would come full circle?
What's the mkt doing in Long Beach? Under $400K (45%) involving troubled assets (43%) is majority of activity. Multiple buyers under $300K.

Tuesday, July 7, 2009

Another short sale approved ... an indirect method of getting money to homeowners in need. Maybe an option when loan modification fails.
REO moratorium has helped stabilized market temporarily - next wave of foreclosures poised to hit soon - 135,431 NODs in process (CA only).

Monday, July 6, 2009

Aggressively looking for a home for my client in Long Beach. Are you interested in selling your home? Email me at jim@peys.net
Looking for your Monday morning wake up like a great cup of coffee ... see my weekly Monday Morning MOJO at: http://ping.fm/hgu6V
See the latest Feds knee jerk reaction to the financial markets at my blog: http://ping.fm/lmjRY
"What we think or what we know or what we believe is, in the end, of little consequence. The only consequence is what we do." John Ruskin

Friday, July 3, 2009

CONSUMER PROTECTION AGENCY ... ANOTHER KNEE JERK REACTION?

Is the Consumer Protection Bill Another Knee Jerk Reaction …

On July 1st President Obama sent to Congress a 152 page draft bill creating the Consumer Financial Protection Agency. According to Obama “this agency will have the power to set standards so that companies compete by offering innovative products that consumers actually want – and actually understand.” Obama has promised that this Agency will ban “those ridiculous contracts with pages of fine print that no one can figure out.” This Agency will have “strong” powers to set rules, supervise institutions and to examine institutions and enforce such rules. This Agency will supervise financial institutions offering such products as mortgages, credit cards, and payday loans.

Is this another knee jerk reaction to a financial system that is reeling in a significant recession that has cost Americans over one-third of its net worth in the past year? The intent of this legislation targets an appealing message – monitor financial practices and products so that all consumers will better understand the “small print” and terms of the offering. I can’t help but react to an Agency whose purpose is to “simplify” financial products offered to consumers, but whose creation took 152-pages in bill form to explain its purpose. Does that strike you as odd?

We are about to embark down another road of creating an oversight agency that will require financial institutions to modify its practices by adding additional documentation in a system already overwhelmed by disclosures, documentation, statements, etc. If you have ever qualified for a home loan and signed loan documents you can attest to the bureaucratic nature of the process. Where there exists a bureaucratic impediment you add cost (i.e., banks taking over the appraisal process in place of the mortgage brokers has added cost to the system, delays and a lack of competition in the process which is raising lending costs in turn), and time into a system already diluted by fees. As far as adding time in the process – historically realtors and mortgage brokers could navigate the sale (securing the loan and closing escrow) of residential real estate in thirty days. Since the mortgage meltdown and the economic stimulus package coming to bear we have seen the best borrowers (800+ FICOs, great income, stable jobs, full doc package) take 90+ days in underwriting. This time delay costs all parties money and creates tremendous disillusionment with the process.

So what is the solution? Well the Feds hold the purse strings, why not put the burden back on the industry to figure out this mess? Throughout history Americans assume that government and its agencies are the “best industry watch-dogs” and inevitably time moves on and the pendulum swings in the other direction. When it does a host of reports begin to surface of how much waste, cost, corruption and bureaucracy has been created by the very watch-dog created to resolve the mess. This is not an efficient and time proven effective use or role for government intervention.