Tag Archives: destin loan mods

Strategic Defaults Gaining Momentum

Did you see the story about Walking Away from your Mortgage on 60 Minutes? What is a strategic default?  This occurs when the current homeowner is able to pay their mortgage but because they feel they are too underwater or simply are sick of the mortgage albatross, decide to stop paying.  So much for that pride of ownership.

According to a study conducted by the Kellogg School of Management. When the study was released it was estimated that 26 percent of current defaults were strategic in nature.

This is a trend that is picking up speed. The more negative equity you have the more likely you are to strategically default. According to the study by Kellogg School of Management, about $100,000. in negative equity is the tipping point where people will start to strategically default.

Is it tempting for you to just leave the keys on the table and get out from underwater? Does the option of renting for the next 4 to 5 years look pretty appealing to you right now?

  • Have you discussed your situation open and honestly with your real estate attorney who really understands the mortgage default law in your state?
  • Have you discussed the ramifications of your decision to walk away with your certified accountant who understands the IRS code regarding foreclosures?
  • Have you discussed your goals of what you want to accomplish with your strategic default with your Realtor® who actually closes on short sales that are strategic defaults?

If you have not looked at all your options- then please explore them before making a fast decision just because everyone else is doing it or just because you may have been sold some bad information.

A strategic short sale may be an option for you.

You may be able to negotiate down the balance you owe to a very small amount on which you can then execute a small promissory note for. Some homeowners have been able to get strategic defaults approved by offering pennies on the dollar of what they owed.

Strategic short sales on first loans are most often easy to get negotiated to approval.

HELOCS are another story- that is when you took out a home equity line of credit after you bought your house and then you used that money to buy cars or trips or pay for college tuition or to buy other properties. HELOCs are held in secondary position and there is not much benefit for them to foreclose on you.

So they most often will charge your loan off after you don’t make payments and then sell that debt to collection agencies who will seek to collect from you for a very long time.

Different states have different rules but in general the credit reporting agencies will leave that charged off debt on your credit report for 7 to 10 years. But the kicker is that when the time is near to get it released the collection agency sells the debt to another collection agency who then starts the process all over again.

How long can you hide from them? What state do you live in and how do your credit laws protect your assets or not in your state? Something to think about.

But you can negotiate a settlement with your HELOC and then that will wipe out the major part and the only part you will be now paying on and be liable for is the part you negotiated the debt down to. You are going to be asked to do that very same thing when the collection agency takes you to court to get a judgment against you. Why not take care of it now to avoid all of that hassle and stress later on down the road?

If you do a short sale and you are late on your payments only because your lender told you to be late in order to complete your short sale and you are doing the short sale because you are moving to another area for a job- FHA may allow you to buy a home right away.

Most homeowners who go into foreclosure will be able to buy another home in about 5 to 7 years but FHA will not approve your loan until you take care of your judgments. Have you thought about that?

If you do a short sale you can get an FHA loan or a Fannie Mae loan within about 2 to 3 years conservatively speaking. There are a lot of other differences in getting a future home loan after a foreclosure and after a short sale. You may want to visit the Fannie Mae website to find out more.

Nothing in this article is to be construed as legal advice. Please seek the advice of your attorney. I am not an attorney and I am not giving you legal advice.

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More than 50% of the Sales in March were Distressed!More REOs Coming…

“Public policy is delaying the pig in the python,” Zelman told an auditorium full of real estate types. “The pig has lipstick.” Zelman is referring to the shadow inventory of foreclosures (the pig) that is making its way through the nation’s financial system.

The average number of days from when a borrower stops paying on their mortgage to when the bank sends out the first foreclosure notice is 417, Zelman notes, and the final foreclosure can take up to a year more.

Let me just first give a little background for those of you who don’t know Ivy Zelman. She’s the former Credit Suisse analyst who called the housing crash, even before the boom had peaked.

She’s famous for a simple excel chart that showed the timing of subprime mortgage resets, and while she got plenty of criticism for being a big bad bear, she was right.

So even though Zelman’s now making boatloads of consulting cash at her own firm, I still like to hear her latest musings, so this morning I headed over to the Urban Land Institute’s Washington Real Estate Trends Conference, where she was keynoting a session.

“Public policy is delaying the pig in the python,” Zelman told an auditorium full of real estate types. “The pig has lipstick.” Zelman is referring to the shadow inventory of foreclosures (the pig) that is making its way through the nation’s financial system.

The average number of days from when a borrower stops paying on his/her mortgage to when the bank sends out the first foreclosure notice is 417, Zelman notes, and the final foreclosure can take up to a year more.

…What….can you please repeat that one….did she just say, the average number of days someone can live in their home PAYMENT FREE before the foreclosure notice is filed….is….417. Wow…just plain WOW!..

….and then they can stay in the home for up to a year more due to massive backlog of foreclosure filings. So, lets assume these numbers are correct..and the average Mr and Mrs. Joe can live in their homes for 800 days…agents, that is over 2 years. Now, lets add a short sale into the mix..and maybe an attempted loan mod…..Realistically, someone can live payment free for literally..years.

What does this mean now..what does this mean to you?

…if the literally millions of upside down sellers caught wind to the fact that they can live in their homes and pay nothing…not a cent…for over a year (let alone 2-3 years)….what do you think would happen?

PLEASE…wake up. This is happening now. If you think we are anywhere near the end of this real estate cycle…think again.

The government’s Home Affordable Modification Program, which today the Inspector General for the TARP wrote, “has made little progress in stemming the onslaught” (tell me something I don’t know), is simply delaying the inevitable and in some cases kicking the can and the cost down the road for borrowers who will inevitably redefault and for taxpayers who will foot the bill.

Zelman did a simple exercise of adding shadow inventory to the seemingly improving inventory numbers. In DC for example, she cites a 5.1 month supply of homes for sale, well below the nation’s 8 month supply. But add the shadow inventory of foreclosures, and you get a 13.2 month supply. She claims builders “underwriting ground are unaware of these headwinds.”

She also raised an interesting policy question, which we brought up on the blog yesterday. What exactly is so wrong with renting? The Administration, she notes, is pushing the limits of the FHA for low-income borrowers, touting historically positive affordability.

I too have been reading that the Obama administration may pull the plug on the home ownership tax credit. YES, the tax credit most American’s get for simply owning a home may go poof….bye-bye.

But Zelman counters that while we may be 6 percent undervalued as a nation, even markets that have overshot affordability are not moving because there’s a lot more to consider now, like supply, values, mortgage availability and jobs.

On the low end of the market, that is homes priced below $150,000, investors comprise 2/3 of the purchasers, according to Zelman. Another study out today from Campbell Surveys also found that 50% of sales in March were of distressed properties (foreclosures or short sales).

OK, a quick recent history lesson….in Jan 2010 29% of ALL Sales in the US were…Short Sales and REOs. NOW, only 2-3 months later…50% of ALL Sales in the US are…Short Sales and REOs. See the trend?

Tim and Julie Harris predicted for well over a year that by the end of 2010 70% of ALL sales would be…Short Sales and REOs. If anything, they were too conservative. It appears we will hit out prediction by mid-2010.  The implications of a national housing market that is so dominated by the so-called distressed sales is rule changing. WHY? Who controls those listings…BANKS. The BANKS are the new sellers…the BANKS control the real estate industry.

Rental yields are pretty strong: 6-12 percent, says Zelman. So the market is good for investors and they’re eating up distressed inventory, which is a net positive for the housing market and the economy, and perhaps more beneficial than pushing more low-income Americans into home ownership.

The trouble of course is the higher end, over $400,000 where investors can’t buy with all cash and the mortgage market is closed. Zelman cites a 45 month supply of homes between $400-600,000.

Unfortunately, the government is ignoring the higher end of the market, and ignoring higher end borrowers who may be in trouble due to unemployment. Jumbo loans are excluded from the federal mortgage bailout. So where does recovery shake out under all this analysis?? Zelman says it will not be a “V” or a “W” but a canoe. Slowly floating sideways, I imagine.

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How do delinquencies impair credit scores?

Fair Isaac, which developed FICO scores, used a comparison between two people to explain how mortgage delinquencies affect credit scores.

Fair Isaac derived these numbers from a theoretical calculation based on hypothetical borrowers – one with an initial score of 680 and one with an initial score of 780. FICO scores range from 300 to 850.

The hypothetical person behind the 680 score had six credit accounts, while the person with the 780 score had 10. The consumer with the 780 score had no missed payments other than the mortgage; the 680 example had two late payments before they failed to pay the mortgage.

After a mortgage payment problem, the two scores would look like this:

  • After a 30-day delinquency, the 680 score drops to somewhere between 620 and 640; the 780 score declines to 670 to 690.
  • After a 90-day delinquency, the 680 score falls somewhere between 595 and 610; the 780 score goes to 645 to 665.
  • After a foreclosure, short sale or deed-in-lieu, the 680 goes somewhere between 575 and 595 and 780 drops to 620 to 640.
  • After a bankruptcy, the 680 drops somewhere between 530 and 550; the 780 declines to 540 to 560.

Source: CNN, Les Christie (04/22/2010)

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More Foreclosures Coming

Credit Suisse Mortgage Resets

This is an updated Credit Suisse chart of the number of mortgages that have reset dates in the near future…

Why do you care about this?

Simple. Many of those homeowners won’t be able to refinance. Their homes are far too underwater and no government intervention is going to help.

These homeowners will be short sales listings..or REO listings. You need to get your mind around the massive number of homeowners that will be facing this problem in the very near future.

Most of the resets are expected to occur through 2012. Between 2010 and 2012, the chart indicates that $253.25 billion of option ARMs will adjust, while Alt-A loans totaling $163.71 billion will reset over that time. Altogether, $1.010 trillion worth of ARMs will reset or recast during the three-year period.
An interesting short term delay in the surge of option arm defaults is due to the artificially low interest rates. Thus, when the resets kicked in the house payments didn’t increase. But, what happens when interest rates DO increase…as is expected to happen soon?

Defaults. In the form of strategic defaults and foreclosures. Even IF the homeowner can re-fi..what are the chances that they will be able to afford their new house payment with the increased interest rate.

Currently its estimated that there are around 5 million homeowners who are in some form of default. Lets assume that HAMP (Home Affordable Modification Program) ’saves’ a percent of these homeowners…that still leaves literally millions of homes that must be sold. According to Credit Suisse there will be around 10,000,000 foreclosures over a 5 years period (starting in 2008).

Bottom line, this market is the new normal. Short Sales, Underwater Homeowners, REOs…low (to no) appreciation rates dominate the real estate markets for years to come.

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Problems Facing Housing in 2010

1. Short sales and REOs will continue to dominate the national real estate markets. (Expect Short Sales to be seen as ‘the solution’ for the foreclosure crisis)

2. In some markets…in the lower end price ranges…the home values have hit bottom. There will continue to be significant depreciation in homes that cost over the FHA lending limits.

3. THE FIRST HALF of this year will be stronger vs the second…why?:

4. The ‘Home Buying Stimulus’ expires in April.

5. The government is going to stop buying mortgage backed securities (MBS). This WILL result in rates increasing.

6. The FHA has made it clear that they will RAISE lending standards. (This has already started).

7. 25% of all Americans with mortgages are now upside down in their home. In many areas of Florida that number is significantly higher. There will be more homeowners deciding to rid themselves of their own ‘toxic assets’.

8. The banks are now releasing their “so-called Shadow Inventory”. Elizabeth Warren (Chair of the Congressional Oversight Committee) thinks there are as many as 15,000,000 homes that could become foreclosures…and REOs.

For these reasons we are expecting there to be a double dip in housing. What this means is that for the first half of 2010 there will appear to be a housing recovery…to be followed by more home value depreciation. Expect the most significant depreciation with homes that are above the FHA lending limits.

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