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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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You Could Get $3000. in Moving Assistance if You have to Short Sale Your Home

Many homeowners are suffering from financial troubles and as a result they are having problems when it comes to their monthly mortgage payment. As a result, months ago the Obama administration began the Home Affordable Modification Program (HAMP), which was set in place to help homeowners through a variety of plans that would make their mortgage more affordable.

However, with underwater mortgages becoming such a problem there are very few options available to help homeowners in this position as many lenders don’t like the idea of principal reductions or where a home has lost so much value, many homeowners simply want to get out.

While it’s understandable that a homeowner who owes a substantial amount more on their mortgage than their home is worth would want to be rid of that bad situation, it seems that rather than walking away from their home all together and ruining their credit, many homeowners are looking to short sale.

Some lenders are willing to work with a homeowner when it comes to selling their home at a loss and many homeowners are willing to take this route as they see their home being in a position where it will not regain value anytime in the near future.

There is an incentive, according to reports, where if a lender allows a homeowner to sell their home at a loss they will get a $3000 moving incentive to help with the costs of relocating. While short selling does have troubles as well, since many homeowners have to deal with primary and secondary lenders, anyone who is looking to short sell their home may want to contact the lender about this incentive if they short sale.

This may not be offered from every lender but homeowners that want to short sell should at least look into this moving incentive, as well as, an agreement where if they short sell they will be forgiven the remaining mortgage principal on their home. If a homeowner short sales and still owes money to the bank it does little good seeing as how they will be paying money on a home in which they no longer live.

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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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President Obama is considering forcing ALL lenders to stop ALL foreclosures!

His goal may be to literally force every distressed homeowner (and their lender) to attempt a loan mod using the governments HAMP Program. We can assume that once the borrower chooses not to do a mod (or doesn’t qualify for a mod) they will then be pushed to the HAFA program. The HAFA program is all about SHORT SALES (or deeds in lieu of foreclosure).

What effect will this have on REOs? Virtually none. Why? Because of the sheer number of homes that are already in the foreclosure pipeline. Any temporary moratorium would be just that…temporary.

Obviously, the Obama Administration is watching the dramatically increasing foreclosure rates….and will do something more radical to attempt to slow the rate of folks losing their homes.

Believe me, we will be watching this emerging story 24/7. If any new news breaks…we will let you know. Here is the story from Bloomberg.

The Obama administration may expand efforts to ease the housing crisis by banning all foreclosures on home loans unless they have been screened and rejected by the government’s Home Affordable Modification Program.

The proposal, reviewed by lenders last week on a White House conference call, “prohibits referral to foreclosure until borrower is evaluated and found ineligible for HAMP or reasonable contact efforts have failed,” according to a Treasury Department document outlining the plan.

“It is one of the many ideas under consideration in the administration’s ongoing housing stabilization efforts,” Treasury spokeswoman Meg Reilly said in an e-mail. “This proposal has not been approved and there are no immediate planned announcements on the issue.”

She confirmed the authenticity of the document, which hasn’t been made public.

At present, lenders can initiate foreclosure proceedings on any loan that hasn’t been submitted for HAMP eligibility. Under current HAMP rules, foreclosure litigation can proceed while borrowers are under review for the program or even in a trial modification.

The proposed changes would prohibit lenders from initiating new foreclosure actions before loan screening by HAMP and would require lenders to halt existing proceedings for borrowers once they are in a trial repayment plan.

‘Improved Protections’
The Treasury Department will soon release guidance “which will include a set of improved protections for borrowers” in HAMP, Phyllis Caldwell, chief of Treasury’s Homeownership Preservation Office, said today in testimony prepared for a House Oversight and Government Reform subcommittee. She didn’t provide details.

This proposal goes further than rules adopted amid the crisis by federally controlled mortgage-finance companies Freddie Mac and Fannie Mae, which require lenders to review borrowers for a federal loan modification before a foreclosed property can be sold.

Foreclosure proceedings can still be initiated without a review, said Freddie Mac spokesman Doug Duvall. Fannie Mae spokeswoman Amy Bonitatibus said it adopted the same policy last March.

About 89 percent of outstanding residential mortgage loans are covered by the voluntary HAMP program.

About 2.82 million U.S. homeowners lost properties to foreclosure last year and 4.5 million filings are expected in 2010, RealtyTrac Inc., an Irvine, California data company, said last month.

Seven Million
Obama’s foreclosure prevention initiative, announced in February 2009 to help as many as 4 million Americans avert foreclosure, has modified 116,297 loans through steps such as lowering interest rates or lengthening repayment terms. More than 830,000 borrowers received trial repayment plans through January, according to Treasury data.

“Foreclosure processes differ among states, and the process is often confusing to homeowners already facing distress,” Caldwell said in her prepared testimony. “Treasury has been reviewing guidelines around outreach and the foreclosure process as part of its continual assessment of program effectiveness and transparency.”

Foreclosures may reach as many as 7 million mortgages, and an additional 5 million are at risk of default because borrowers owe more than the property is worth, Laurie Goodman, senior managing director at Amherst Securities Group LP in New York, said in a Feb. 17 interview.

Republican Criticism
“This is a problem of mammoth proportions,” Goodman said. “You can’t throw 12 million people out of their homes, so you need a successful modification program. My fear is that this isn’t it, but I’m highly confident that the administration will continue to iterate until they succeed.”

The Treasury proposal would require all borrowers who are 60 or more days delinquent on their mortgage to be sought out for participation in HAMP. Mortgage companies would need to try to contact the borrower at least four times by phone and twice by certified mail over 30 or more days before going to foreclosure.

Under current Treasury policy, foreclosure proceedings are only halted when a borrower receives a permanent modification plan.

House Republicans criticized HAMP as a failure today, saying in a report that it is prolonging the economic crisis and harming homeowners.

“By every empirical measure, HAMP has failed,” according to the 18-page report released by Republicans on the House Oversight and Government Reform Committee. “In its current form, HAMP both hurts homeowners who might otherwise spend their trial-period mortgage payments on rent and also distorts the housing market, delaying any recovery

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