Note that this does not include principal reduction as a solution. This new plan is limited to: “extending the term, reducing the interest rate, and forbearing interest”
This is intended to help “thousands” (a drop in the bucket unless it is several hundred thousand), and seems to encourage homeowners to stop making payments until they are 90 days late.

Helpful questions and answers:

Q: What is a streamlined modification?
A: A streamlined modification is a modification that requires less documentation and less processing. In this case, the streamlined modification seeks to create a monthly mortgage payment that is sustainable for troubled borrowers by targeting a benchmark ratio of housing payment to monthly gross household income.

Q: What is the benchmark ratio?
A: This is the first time the industry has agreed on an industry standard. The benchmark ratio for calculating the affordable payment is 38 percent of monthly gross household income. Once the affordable payment is determined, there are several steps the servicer can take to create that payment – extending the term, reducing the interest rate, and forbearing interest. In the event that the affordable payment is still beyond the borrower’s means, the borrower’s situation will be reviewed on a case-by-case basis using a cash flow budget.

Q: Why is it necessary?
A: With the rise in serious delinquencies and increasing number of loans in foreclosure, this program will help borrowers who have missed three or more payments, but want to keep their homes. Because the eligibility requirements and process are streamlined and consistent, the program will allow servicers to reach more borrowers more quickly.

Q: Who is eligible?
A: The highest risk borrower, who has missed three payments or more, owns and occupies the property as a primary residence, and has not filed bankruptcy. The loan is a Freddie Mac, Fannie Mae or portfolio loan with participating investors. To qualify for the streamlined modification, the borrower must certify that he or she experienced a hardship or change in financial circumstances, and did not purposely default to obtain a modification.

Q: Why must the borrower be 90 days delinquent? Why not earlier in the delinquency cycle?
A: This is a streamlined solution targeted to reach the most at risk borrower. For borrowers who do not qualify, other solutions are available. This in no way substitutes for the meaningful efforts by all servicers and investors that are currently in place. The 212,000 workouts reported by HOPE NOIW in September are testimony to that fact. We will continue to see those efforts produce meaningful results.

Q: How many people will this help?
A: While difficult to assess, it is clear delinquencies are predicted to continue well into 2009. Foreclosure estimates are significant. Having a streamlined approach will assist many borrowers who default and more quickly. We estimate this will ultimately help thousands of borrowers.

Q: How do borrowers apply?
A: To be considered for the program, a seriously delinquent borrower should contact his or her servicer and provide the requested information – monthly gross household income, association dues and fees, and a hardship statement.

Q: How do borrowers complete the modification process?
A: Upon receiving the Modification Agreement from the servicer, the borrower signs it and returns it with the 1st payment at the modified terms along with income verification. Once the borrower makes three payments at the modified terms and the account is current as of day 90 of the modified plan, the modification is complete.

Q: When will servicers start offering this program?
A: We expect that by December 15th, servicers will be positioned to work with eligible borrowers.

Sadly…. I am going to tell you about a family that was recently lied to and taken for a lot of money in hopes of keeping the home they were living in by doing a loan modification. The ending on this true story left the family loosing the home to foreclosure, filing for Bankruptcy and if that was not enough, served by the sheriffs department with an unlawful detainer to start eviction from their home.

About 3 months ago Kris and I sat down with Mr. and Mrs. Smith to discuss options regarding their home. You see, the payments had adjusted to nearly double what they were 2 years prior and like most people in the same situation they found themselves unable to refinance due to the home being upside down in equity. In their case, it was a little over $400,000 upside down!

We talked about many things, the couple, that had 2 teenage children wanted desperately to keep the home. After talking with their lender we discovered that the loan modification was not in reach financially for them. The lender would not decrease the principal balance, which was a real factor since the home was truly upside down over $400,000. Kris and I know this to be true because we had just closed escrow on the home across the street just a month earlier.

Mr. and Mrs. Smith decided that they would like to sell the home as a Short Sale and save their credit to buy a new home in a few years when the market was more reasonable.

One afternoon we got a call from Mr. Smith asking us if it was too late to stop the sale of his home, as it was already in escrow and the Short Sale was approved by the lender. Mr. Smith had been approached by a friend that had a friend that told him that he would be able to get him a loan modification, one that was “desirable” and would even be able to help him lower his principal balance.

Needless to say, we cautioned Mr. Smith about the legitimacy of this. Kris and I reminded him of the multiple conversations we had with his lender and the terms that they offered. It’s difficult to think without emotion when your loosing your home, we know this because we’ve experienced it. The last thing you want to hear from anyone is “You have to move” Your ears are always open to anyone…and I mean anyone, that says they can help you “keep your home”.

Well, we gladly helped Mr. and Mrs. Smith cancel their sale with the lender and let them know we would be here to help in anyway we could.

The call came about 2 weeks ago, it was a real estate agent from a well known company asking questions about the home owned by Mr. And Mrs. Smith….The home was sold at Trustee Sale.

Kris called Mr. Smith to make sure all was ok, Mr. Smith told Kris that the “loan modification company” was still working on a loan modification…? Yep, Mr. Smith had paid for services up front to save his home, and unknown to him the home was sold while he trusted this loan modification company to do what they told him they could do….! Mr. Smith called us back later that day and told us the the loan modification company had him file an emergency bankruptcy and not to worry. Again….when your loosing your home…desperation is a very familiar feeling, and Mr. Smith did what most would do, he forked out about $2500 to do the emergency BK Filing.

Less than a week after Mr. Smith filed for Bankruptcy the County Sheriff posted an eviction notice on the home. The home was sold at auction, the BK did not save his home, the loan modification company told him that the lender was unable to offer him anything other than what had been offered several months back……

Please be aware that not all loan modification companies are really helping you, the employees might just be the same group that sold you that screwed up loan a few years ago!

If you follow our blogs, one of my recent posts ” In the business to foreclose…ask Ryan” told of a loan servicing company that declined to order a bpo on a property due to the fact they had done their own appraisal months prior to the offer we had provided them. Please, go back and read the communications between Ryan, employed at American Home Mortgage (servicing company for Option One Mortgage).

I’ve been talking to anyone that will listen about this, I’m just trying to understand how an investor would benefit from taking the home back? Well, needless to say, I’ve been watching the property to find out what the sale price will be once it comes back on the market.

When I looked it up today…I had to look several times at the information, honest, were my eyes really that bad that I can’t make out the print???

The home was sold at auction. Now, let’s go back 30 days...We presented an offer that was all cash offering $264,000. This according to upper management was too low, they would not go back and order a current bpo and they decided to foreclose on the home.

Ready for this, Auctioned for $150,000. Ok, someone, anyone, please tell me what is going on here????

These servicing companies have no vested interest in these loans, Option One was taking a loss, but they now will be writing off $100,000 plus more than if their servicing company, American Home Mortgage (servicing company for Option One Mortgage) would have had half a brain!

Here are the emails that lead to the Auction Price of $150,000!

Hello Ryan,
I am sending a new offer on the property. Escrow is completing the HUD with all of the required changes resulting from our last conversation/offer. I did not send in an updated HUD on that offer due to the buyer backing out. The issue with this property has been the second lien holder, BofA as I explained to Mr. Kellty. They were not willing to release for $1000, which is your policy. We have remedied that. When I called in today, to find out if you had received this new offer I was told it was too low and I would need to counter, With a sale date set for tomorrow I don’t have time to get back to the buyers agent. This home has been discharged in a Chapter 7, we have interest in the property. When I spoke to Mr. Kelly he told me he would work with us to help the ****** family avoid foreclosure. Could I request that you order an interior BPO on this home? The offer that we are providing to you today is in line with recent sales as you will see. The property must be able to appraise for the lender to fund, according to all information, this offer is at the high end.

Hi Ryan,
I am Kim’s partner. We received your email this morning and we understand a business decision.
You mentioned that you had an appraisal done. When was the appraisal completed? The declines in this market are staggering. We are seeing declines of over 6% per month in Rancho Cucamonga.
I would be remiss in not fighting for our clients best interest. We have reviewed the recent listings both “Active” and “Closed” in this gated community. There are no recent sales and 7 active listings in this very small gated community. The average days on market is 46.8 and of the 7, 7 are distressed properties i.e. Bank owned, short sales, or pending Trustee’s.
In today’s climate of declining sales, another home on the market is a “coal on the fire.”
Rancho Cucamonga, while a lovely city, is suffering from a tremendous volume of distress properties. There are currently 761 Homes on the market. 378 are marked as “Distress” sales in MLS. That is over 50% of the homes in Rancho Cucamonga. And that is assuming that the Agent remembered to check the “Distress” category of the listing. My thoughts is that there are many more.
According to Commonwealth Title, The International Title agency, there were 408 Notices of Default and Trustee Sales filed for Rancho Cucamonga from 08/08/2008 – 09/08/2008. That is staggering and this is your competition for resale when you enter the market with another Foreclosure.
These figures, while staggering are simply a sign of the times and according to a Department of Economic Studies at UCLA recent study, they reported that Southern California has a minimum of 2 more years of decline.
Again, we appreciate your companies decision, however, with these staggering declines, your client is more than likely to suffer a great loss over the next 6 months as this property is not sold at Foreclosure and is placed back on the market in 2 months at a lower price than currently listed.
Thank you again for your consideration.
Best,
Kris Darney
714-615-7605

Ryan discussed an appraisal with me that was done at the onset of the filing of the Chapter 7. This would be at minimum a 4 month gap to time of request for the BPO. A few years ago this would not have been so significant. …but this is the Inland Empire….October 2008. Prices are declining monthly!
I’m not sure how a servicing company is paid. It would seem by this transaction that it’s not based on retention. This is one of the most disgusting business practices I’ve ever experienced! The servicing company has most likely spent more money on foreclosure costs than this home will eventually sell for by the time it’s back on market in about 3 months.

I found some great information on a blog post today from the OC Register. The story was focused on the Orange County area, but clearly shows the degree and areas that were hard hit with unsavory loans in the Inland Empire.

The loans that shook the financial world started small.

In 2004, the first year that the Fed’s Home Mortgage Disclosure Act database tracked high-priced subprime loans, subprime was a bit player in the California home market.

But a Register analysis of HMDA data shows that subprime quickly grabbed market share in lower middle-class neighborhoods up and down the state in 2005 and 2006. In 2007, as subprime giants like Orange-based Ameriquest and Irvine-based New Century downsized or shut down, subprime again became a bit player.

These maps show the spread and retreat of subprime loans in Orange County and neighboring counties from 2004 through 2007. Another set of maps below describe a similar pattern statewide.

These maps represent what we’re calling the subprime penetration rate, the percentage of total home loan volume in each census tract that was high-priced. Yellow on the map indicates that subprime accounted for 15 percent or less of total loan volume; green is for 15 percent to 25 percent; light blue for 25 percent to 35 percent; dark blue for more than 35 percent.

A caution: The industry defines subprime using credit scores; the Fed defines high-priced loans as those that cost at least 3 percentage points higher than a Treasury bill of comparable maturity. The two terms don’t match, but the Fed’s high-priced category appears to capture most subprime and some alt-A loans.

In 2004 there are just a few pockets where subprime lenders grabbed more than 15 percent of the market: most notably in central Los Angeles between the I-110 and I-710 freeways, and in the Inland Empire, especially along the I-10 corridor.

In 2005 and 2006, however, the picture changed dramatically. Suddenly the subprime guys and gals were making more than 35 percent of home loan volume in a huge swath of LA and the Inland Empire. They also started doing big business in Orange County, where many of them were headquartered. Look at the I-5 corridor and especially at Anaheim, Garden Grove and Santa Ana.

By 2007, business was cooling down almost everywhere outside central L.A. and portions of San Bernardino County.

For many Southern Californians, the desert and the San Joaquin Valley are windshield territory — places best crossed at high speed on the way to someplace else. But there’s a remarkable economic story to be told here: These regions are adding new residents by the tens and hundreds of thousands, drawn by cheap housing and new jobs.

Subprime lenders played a big role in financing the valley’s and the desert’s growth. The proof is in the maps.

Watch the spreading blue zone — the tracts where subprime accounted for at least 35 percent of total home loan volume. In 2004, it’s isolated to a few patches in the desert and the southwestern corner of Tulare County in the San Joaquin Valley.

By 2005 the entire valley from Bakersfield north to Stockton is blue. The bluest areas are along State Highway 99, which connects the valley’s urban centers. And subprime is now spreading north to Sacramento and to the farm counties above it.

In 2006 the urban parts of the San Joaquin Valley are solid subprime turf. Today cities in this zone including Merced and Stockton have some of the highest foreclosure rates in the nation. Note too how subprime spread to virtually the entire high desert, from Lancaster and Palmdale in northern L.A. County to Victorville in San Bernardino County.

That was subprime’s peak year. In 2007 the map shows far fewer blue areas, though subprime continues to be common in most of the San Joaquin Valley. The largest blue areas, by the way, are lightly populated tracts — the vicinity of Death Valley National Park in Inyo County on the state line, and the Santa Barbara County back-country.

It appears that their is something coming to California Homeowners that have Counrywide loans. We will find out more today concerning the specifics. We will keep you posted.

Countrywide mortgage pact may be worth $3.5 billion to California loan holders
Bank of America Corp. agrees to nation’s largest mortgage-workout program to settle charges of lending abuse.
An estimated 125,000 Californians who are struggling with risky mortgages from Countrywide Financial Corp. may get their loans modified and payments reduced under a program to be announced today.

In a pact that could save mortgage holders billions of dollars, Countrywide owner Bank of America Corp. has agreed to the nation’s largest loan-modification program to settle charges of lending abuse brought by California and other states.
The program could reduce payments to Countrywide borrowers and provide other benefits to total as much as $8.7 billion nationwide. It would examine nearly 400,000 loans across the nation — about 125,000 of them in California — to see how they could be reworked and made more affordable. That could include switching customers to fixed-rate loans or reducing the interest or principal.
Bank of America said Countrywide mortgage-servicing employees would be trained to carry out the program by Dec. 1 and would then begin reaching out to eligible customers. The plan includes a foreclosure freeze for borrowers who are likely to qualify until Countrywide has determined their eligibility, the bank said.

But officials acknowledged that some borrowers were beyond help and said these customers would need the cooperation of investors who owned the loans. Such assistance was not always forthcoming in the past.

The settlement includes a program for California borrowers who are behind on their Countrywide mortgage payments or are having their homes foreclosed by the lender.

The total value of the benefits could reach $3.5 billion to California homeowners who took out risky, adjustable-rate loans from Countrywide, California Atty. Gen. Jerry Brown said.

The program, to be announced today by Brown, applies to mortgages made before this year. It had been endorsed by at least nine states as of Sunday, including California, Florida and Texas, where Countrywide wrote the most loans.

Its central thrust — changing the terms of subprime and other risky loans — was to be applied across the country, even in states that might not accept the overall settlement, California and Bank of America officials said.

“It’s not perfect,” Brown said Sunday, “but we have some money for people who already have been kicked out of their homes, and we have money for people who may get foreclosed on later. And there are some very significant payment reductions for people. This will allow them to stay in their homes.”

According to Brown’s office, the settlement could save borrowers up to $8.7 billion nationwide, nearly all of it through interest rate and principal reductions. There was no word on how much people whose homes had already been foreclosed would receive.

The $8.7-billion estimate assumes that all eligible borrowers participate and that investors in mortgage securities cooperate with the loan workouts.

Those are big ifs, said Robert Gnaizda, general counsel of San Francisco’s Greenlining Institute, a fair-lending advocate. “There’s no way of saying how much borrowers are going to save on this. The talk of $8 billion is pure speculation,” Gnaizda said after reviewing a description of the plan. “All that being said, I believe this is a very important first step.”

The agreement almost certainly would rank as the largest predatory-lending settlement in history, dwarfing the nationwide $484-million settlement with Household Finance Corp. in 2002 and a $325-million settlement with Ameriquest Mortgage Co. in 2006.

Those settlements involved payments to borrowers, however, not loan modifications.

Bank of America officials said the settlement costs would not exceed those anticipated when it acquired Countrywide in July for $2.5 billion in stock.

Although numerous lawsuits and federal investigations continue against Countrywide, ex-Chairman Angelo Mozilo and other former executives, the settlement helps Bank of America shed liability for the aggressive lending that helped trigger the current global financial crisis and left hundreds of thousands of Americans stuck in loans larger than the value of their homes.

Under BofA ownership, Countrywide has stopped making the types of adjustable-rate loans that caused the most problems, officials said.

Countrywide’s prior lending practices put families into loans they couldn’t understand and ultimately couldn’t afford, according to Brown, who said the settlement sought to compensate the borrowers.

According to the agreement, borrowers assisted by the loan workouts would not be precluded from joining private class-action lawsuits against Countrywide or pursuing their own claims.
Barbara Desoer, president of Bank of America’s mortgage and insurance operations, said: “We are confident that together with the attorneys general we have developed a comprehensive program that provides more solutions than ever before to assist troubled borrowers and put them back on the path to sustained home ownership.”

The states of California, Illinois and Florida took the lead in the settlement, said Benjamin Diehl, a California Department of Justice attorney specializing in lending abuse. The three states had sued Countrywide and its subprime unit, Full Spectrum Lending, in June, alleging they maximized short-term profit by deceptively marketing risky loans with low starter rates to borrowers who didn’t understand that their payments would one day “explode.”
The program will first identify customers who have fallen behind on their mortgages by more than 60 days or are likely to do so because of loan features such as rate or payment increases, Diehl said. These customers will be contacted by Countrywide starting Dec. 1.

Various options will be considered for eligible customers, with employees handling the workouts instructed to first consider refinancing into a fixed-rate Federal Housing Administration loan, Diehl said.

The options on subprime mortgages also include keeping the initial rate for five or 10 years, having the borrowers pay interest only and reducing the interest rate to as low as 3.5%, Diehl said.

For pay-option loans, many of which now amount to more than the borrower’s house is worth, the options include writing the principal down to 95% of the home’s current appraised value and lowering the interest rate to 3.5%, he added.

In addition to California, Florida and Texas, the states that signed the settlement are Connecticut, Washington, Arizona, Ohio, Illinois and Iowa.

Brown said he believed most of the investors who owned the loans would accept the modifications rather than foreclosure at this point.

“It’s not exactly what they wanted, but it’s better than default,” he said. “In this environment of people talking about us heading for a depression, I think having a predetermined fixed amount coming in will be attractive to them.”

Countrywide mortgage aid

The total value of the benefits in California could reach $3.5 billion. The plan calls for:

* Loan modifications, mostly through reduced interest payments, and in certain cases reductions of loan balances

* Suspension of foreclosure on delinquent loans while loan modifications are being reviewed

* Waived late fees

* Payments to delinquent borrowers or people whose homes have been foreclosed

* Waived prepayment penalties for borrowers whose loans are modified, paid off or refinanced

* Additional payments to borrowers who can’t afford their monthly payments after loan modifications and who lose their homes to foreclosure in the future

Source: California attorney general’s office

It’s being called a rescue package for our financial system. Obvious goal is to slow down the foreclosures. Keep people in their homes….Let’s take a look at the specifics of this $700 Billion “rescue Package”.

How does the bailout plan help homeowners facing foreclosure?
The plan provides the Treasury secretary as much as $700 billion to buy troubled mortgages, and securities tied to these mortgages that are held by banks and other large investors. When these assets come under government control, federal officials are required to “implement a plan that seeks to maximize assistance for homeowners” and use their authority to minimize foreclosures.

Is this rescue package different from what government & lenders are already doing?
Federal officials have already been encouraging lenders to modify loan terms whenever possible. Mortgage industry experts say most lenders are willing to make modest changes to payment plans to avoid the time and expense of foreclosure but are reluctant to do so if they determine that the borrower lacks the income to make even modified payments or if their losses would be too great.
Does anyone see real help for homeowners here?

There are different opinions on that. Steven Adamske, spokesman for the House Financial Services Committee, believes that the government — by becoming an investor in mortgage-backed securities — will have new clout to demand that loan servicers modify mortgages. “If servicers are an impediment [to loan workouts] we can take another look at the industry next year and see if there are other actions we can take to remove roadblocks,” he said.

Unlike a private investor or lender, “the government is here to help. We want to rebuild neighborhoods from the ground up,” Adamske said.

But Paul Leonard, California director of the Center for Responsible Lending, a nonprofit advocacy group, thinks the measure really won’t help many homeowners. He believes the only way to ensure people stay in their homes is to allow bankruptcy judges to modify or forgive loan terms in bankruptcy cases, which he said could have prevented 600,000 foreclosures. Such a measure has been opposed by mortgage lenders, who say it would discourage banks from making loans.

Families facing foreclosure….Hold on tight!

Nearly 2 million mortgages are delinquent by 60 days or more, putting them at risk of foreclosure. Industry experts say there have been more than 900,000 foreclosures since 2007.

Loan Modification….

Foreclosure prevention is centered on two programs, both of which have “hope” in their name.

A new federal loan workout program called Hope for Homeowners begins this month, targeting those unable to pay their mortgages. It is for homeowners who bought their homes before 2008 and now have monthly payments exceeding 31% of their income.

Under the program, banks would in many cases write down mortgages to 90% of a home’s current value. Such a provision would be important in California, where many recent home buyers have mortgages that now greatly exceed their property values.

The new 30-year fixed-rate loan would be insured by the Federal Housing Administration and could not exceed $550,440.

An existing voluntary effort to prevent foreclosures has been in place since last year. Called Hope Now, the program is a joint effort by lenders, mortgage servicers and nonprofit housing groups to help troubled homeowners renegotiate their mortgages. Through this program, borrowers have been able to defer or reschedule monthly payments or reduce their loan principal.

How will I know whether the government owns my loan?

This has yet to be determined. The Treasury secretary will have 45 days to implement a plan, and presumably these details will become available at that time.

Tom Deutsch, deputy executive director of the American Securitization Forum, a financial industry group, said that in many cases the loan servicer won’t change even if the government has taken over a mortgage. You can ask your loan servicer who owns your mortgage, but if the government was one of many investors in a mortgage-backed security into which your loan is packaged, you might not be able to tell.

Deutsch said the government might also set up a method for borrowers to inquire about that holds their loans.

Consumer advocates say you should first contact your lender to see whether you can adjust the terms to make the payments more affordable.

For those of you, who don’t fit the guidelines for this homeowner bail out, please consider a Short Sale. There are options for you other than a foreclosure that will haunt you for 10 years.

Just a quick vent session and I will get back to the wacky world of Short Sales! I’m not a genius, but as I listen to CNN discussing the bank crisis…..I have to ask myself this question: Who are these people that are making the call at our lenders to foreclose rather than accept fair market value?  What type of rigid interview process and criteria were they put through to have the power to ultimately affect our economy, families that are trying to salvage their dignity: while moving their family to who knows where not to mention their own Bottom Line?

Each day is a new experience working with lenders, some very good and some not so good.  Kris and I work very hard for our clients.  It’s important to them as well as our community to avoid more foreclosures in our neighborhoods.

Today I was checking in on one of our Short Sales for a family that was unable to keep their home of 13 plus years due to life circumstances and a serious increase in monthly mortgage payments.

After daily faxes and calls to the lender, I was told the offer was finally received.

To be professional and disguise my real feelings here, we will refer to the person I spoke to at the bank as the “The Guy”.
I was very calm, and simply asked if I could speak to the negotiator for the file. “The Guy” felt compelled to ignore my request and continue to waste both of our time.
“The Guy” completed his bad grammar with the broken sentence with “Oh, you have to counter that offer if you want to speak to the negotiator”.

I took a deep breath…and asked politely about the sale date set for tomorrow, October 1?
“The Guy”
responded that he was not a negotiator and could not help me with that. Again…I asked if I could speak to the negotiator?
“The Guy” reading from the script on the back of his hand told me that I have to counter the offer, it is too low, and it will take up to 72 hours for the bank to recognize the new offer…so I should call in a few days….!

Trying to talk to the “The Guy” at the bank was useless! 

I tried to dummy it up and explained that the offer was actually higher than the recent home sales for the same size homes in the area.  I asked him if there had been a bpo ordered, anything to understand why the offer was deemed too low…?

“The Guy” told me this is how they do business and if I wanted my offer to be considered I must counter with a higher offer.

So, can you see the circle here???? I appeased him and said sure, I’ll counter, but can you hold the sale for a few weeks and allow for the new offer to be reviewed? 

“The Guy”
Answer: A swift ” You have to counter this offer, it is too low”
I said, ok….will you hold the sale? 
“The Guy”
“I’m not a negotiator, you would have to talk to a negotiator for that”.

Getting a little frustrated about now….still asking to speak to the negotiator….!

“The Guy”
“you can’t talk to the negotiator, your offer is too low, it’s been rejected”. “You have to counter this offer, it is too low”  

My last few words to
“The Guy” before I hung up…Sure, I will counter, are you going to put a stay on the sale? 

Can you guess what he said?

“The Guy” “Mam, you have to counter this offer, it is too low”

Ok I’m feeling more frustrated now than when I started this!  I faxed a nice note to the negotiator, and the negotiators supervisor. We will see what happens tomorrow, hope to avoid such an unnecessary foreclosure.

Bottom line…CNN…Housing Crisis…Change…Federal Bank Takeovers…

This is an internal issue with most of our lenders, no matter the Politics involved, we have idiots at most of these banks calling the shots. It’s not just the families that are loosing their homes to foreclosure that are being affected. It’s every last one of us that live here in America. Somewhere down the line maybe a genius will step up and STOP allowing these banks to run themselves into the ground, then have the government come to the rescue.

It’s all about the bottom line….or is it?

Foreclosure notices fell nearly 90% in California with the implementation of state bill 1137 on September 8th. I found a great chart that shows the huge decline in Notice of Defaults and Trustee Sales here in the state of Ca. Here’s the staggering fact! We went from 3k to 4k notices PER Day to just a few hundred PER day…

This is only temporary…

NOD is the first stage of foreclosure after a borrower misses three to four mortgage payments. Notice of Trustee Sale is the second stage of foreclosure that gives the borrower notice their home will be sold at Trustee sale shortly thereafter. Timeline for NTS comes about 120-150 days following the NOD or about 8-10 months after the borrower misses their first payment, depending on the efficiency of the lender. From NTS the home is sold at Trustee Sale in about 14-days or so.

As you can see from the chart below, the week following Sept 6th when the new law was enacted NOD and NTS activity falls off of a cliff, down 90% from the week prior. (data in partnership with Foreclosure Radar)

Notice the day before the law went into effect, the banks sent out two times the number of notices…hmmm. We see data anomalies like this all of the time, especially around end-of-quarter…BANKS!!!

This new law requires the foreclosing entity to perform significant due-diligence ahead of sending out foreclosure notices in the future. What this does, however, is simply postpone the problem a month or so if your looking at this from the lenders point of view.

Now, if you’re a homeowner that’s facing foreclosure….look at it as that extra time you need to figure out how you are going to avoid immanent foreclosure. If loan modification is not an option, it’s time to learn about Short Sales. Banks doing business here in California are being forced to find alternatives to foreclosure.

That is a very good thing for all of us.
Short Sales are becoming more accepted, major lenders have Streamlined the process…can you believe it! Our last Short Sale with Countrywide was a total of 3 weeks from taking the listing to getting approval from their new Short Sale department. Amazing, the lender that used to turn down offers, now has added employees to staff this “Special devision”.

Ok, back to the chart:

This will have a positive effect on the September monthly foreclosure numbers when they are reported the second week of October by Realty Trac and other data providers. Remember, CA makes up roughly 40% of all US foreclosure activity. However, it will make for a dramatic rise in the November numbers once they get caught up and in compliance.
Banks and servicers are doing all they can to quickly comply with the law and resume sending NOD’s and NTS’. These notices are required by law before their take back their collateral so rest assured, they did not want to stop sending these out and being on record. When they begin to stream out again we will know in real time.