From the category archives:

Advice on selling with no equity in the Inland Empire

Is it REALY worth it….Loan Modification.

by Kris & Kim on November 14, 2008

With all of the hype of “loan modifications” and “government bailouts” you can’t help but feel that there is a solution somewhere that will save you from loosing your home. I’ve been watching the news, reading everything that comes across my emails and can only say that I get a little sick to my stomach at times.

One must really think about long term when faced with an opportunity to modify an existing loan. It’s such an emotional time, the fact that your going to lose your home is beyond anything I could put into words, believe me I know first hand! The stress seems to go away when you are told that if you just “sign here” you don’t have to move and you get to keep “YOUR HOME!” Wow, those are words that you’ve prayed for.

Here’s the hard reality;what do you do in a few years when you find that your so upside down in the home that you can’t refinance to a lower payment, or worse yet need to move and have no chance of selling unless you do a short sale….and who knows if the lender will be willing then?

As I work with our clients and their lenders on loan modifications, one thing has been consistent. Lenders are not in the mindset to help their current clients. They go off of black and white paperwork, if the borrower fits their criteria they offer up some type of a loan modification. I’ve never seen one, no never, that was an advantage to the borrower. They are a bandage at best!

Lenders are not willing to take into consideration the fact the home is 30 to 50% + upside down. They will usually extend the borrower a lower payment and add all of the “accrued” interest to the end of the loan. We have seen a few lenders discuss the possibility of reducing principal balance 5%, but have not had ONE accepted as of today.

The point here is there is no magic wand, no real fix for the mess of our housing industry. Loan modifications may work for some people, if they are not seriously upside down in their home.

Having lived through the loss of a home, and of course trying anything possible to keep what was “mine”. I look back and realize the blessing of not being given the chance to keep it. Now that the emotions have died down the fact is that if we would have kept that house at it’s upside down equity, I’m not sure if we would have seen it appreciate enough in our life time to have equity….it was nearly $200,000 upside down a year ago…and still dropping.

Those four walls that seemed to mean so much to us now sit empty like hundreds of other homes in the city. I’ve realized that it’s human nature to fight for things that are ours, no one wants to be told they don’t have a choice. Here’s the thing, you do have a choice, you can choose to get out of a bad situation that will most likely get worse before it gets better.

The market is still declining, most loan modifications are going to keep you locked into a home that is going to continue to drop in value. Think about your future.…you can most likely find a wonderful home to live in while real estate continues to drop. Then buy again for half of what you owe on the four walls that you leave behind.

Short Sales were not widely accepted a year ago. In today’s market, your lender is ready to get these bad loans out of their inventory. The President has also realized that people are in need of help and signed into action the mortgage relief act, this relieves home owners of the liability of gains. When your thinking about your “choices” try to step away from the emotions. If it makes financial sense to keep the home, just be very careful to check with your lender before you pay someone to do a loan modification for you. You will be able to talk to your lender/s and find out exactly what terms they will offer.

From the heart of someone who’s been through it…


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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.


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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!


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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.

If you could get back to me on postponing the sale date a few weeks I will proceed with a counter to the other agent. As well as sending you the revised HUD for this offer being completed by escrow right now. I will have it emailed to you by end of day.
Best,
Kim Darney
714-615-7606

Hi Ryan,
There ia a sale date pending on this property set for tomorrow, Oct 1, 2008.
I am submitting a new offer, it is attached. I called in today and was told the offer that was submitted yesterday was too low and I would need to counter. This is a better offer, but still, I am quite concerned that a sale date is set for tomorrow? I don’t have time to counter the buyer on the offer submitted yesterday. Will you be able to postpone the sale date to allow this new offer be reviewed, and allow us to counter the other? The true concern here is that the propery value is in line with the offer according to recent sales. Would you please order an interior BPO for this property?
We have worked diligently with the subordinate, BofA to get them to release their lien. I have finally gotten them to accept the $1000 allowed according to your policy. This home has been discharged in chapter 7 bk as you are aware, no one wins in this situation. As real estate agents, we are trying to help the ***** family with damage control on their credit. If they suffer a foreclosure as well as the Chapter 7 it will take them 10 years to recover. Please work with us to help them avoid a foreclosure.
Best,
Kim Darney
714-615-7605

Kim,
Our decision to decline this offer was based on a full appraisal. We will not be ordering a BPO, that would be a waste of time because of the appraisal already on file. Mr. Kelly and I have discussed this file and will not be stopping the sale.

Ryan Bickerton
Bankruptcy Negotiator II
American Home Mortgage Servicing Inc.
4600 Touchton Rd E Bldg 200 St 102
Jacksonville FL 32246

Ph. 877-304-3100 x66390
Fax 866-530-3609
ryan.bickerton@oomc.com

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.


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Today I was talking to a fellow that called me to find out about how a Short Sale works.  I realized after talking with him for nearly an hour that there are a lot of people (real estate agents) that give out conflicting and incorrect information.  I don’t believe that it’s intentional in any way, but scary for the person that needs to be informed correctly regarding this very important subject.

Some of the topics that were of interest and concern to him….

The loan modification he was offered was not going to help him enough per month on his payment and he was going to have to keep all of the principal balance.  The payments he was currently making were taking nearly 3/4 of his pay per month.  So, he had basically depleted his savings and was now having to look for a new place to rent for a while, but found he was lacking the money it was going to take for deposit and first month’s rent to move…not to mention moving costs.

I assured him that as long as we had the home listed for sale, and it was able to be shown to clients, his lender  would not be ask him to leave the home even if he was not making his payments.  As I explained, it’s like an ordinary sale in most ways.  The main factor in a Short Sale is that the “bank” is really now the seller and as real estate agents now negotiate with the bank instead of him.

For some people, doing as little damage to their credit is very important.  So I would say to those of you that fit this category…if your able, stay current on all of your financial obligations.  If your like most of us that are facing mortgage payments that are increasing at the speed of light and it’s just not possible to make those payments, don’t.  But get your home listed for Short Sale as soon as possible and stay current on as many of your financial obligations as you can.

One last little tip, if you live in a home that has an HOA (Home Owners Association) do what ever you can to not let those get behind.  HOA’s hold quite a bit of power, and will slap a lien on the property in a heart beat!  And that lien will have to be paid before the sale of the home.

Hope this information is useful, as always, please email us if you have any questions!


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Bail Out Plan for Homeowners…Really?

by Kris & Kim on October 7, 2008

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.


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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?


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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.


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Kris and I live in the “Inland Empire”; one of the hardest hit areas of the country. Being Real Estate Agents, our decision to become Short Sale experts was an easy one. Our lives are touched daily with calls from people that are loosing their homes. Using everything we’ve learned during our training and experiences that we deal with daily….trying to help people that truly want to avoid foreclosure…however, nothing to date has hit me like this news.

As of 9/1/2008 Bank of America has implemented new criteria for short sale acceptance. The criteria states that Bank of America will accept no less than a 10% payoff of a debt balance being charged off as collectible. The criteria also states that Realtor commissions shall not exceed 4%.
Here’s proof BofA is sticking to the new criteria…
bofadecline1

What’s going on in America? The state of California passed a bill that becomes effective on or around September 8th SB1137 ordering all lenders doing business here in California to find alternatives to foreclosure
sb-1137-became-effective-july-8th-as-an-urgency-measure1

Bank of America beat the law makers here in California by 8 days! Their new criteria became effective September 1, 2008.

A piece of information that we’ve learned over the past year; when dealing with mortgage lenders that hold the first lien on a property…most if not all, allow only 3% of the sales price to go to subordinates, some cap at a maximum pay-off of $1000. Way to go BofA, do you share this decision making information with shareholder? The shareholders that will soon feel sharp declines in stock prices…due to this stupid “un-thought” process

I’ve found some fuel to add to this fire that BofA has started and will most likely let burn ’till it hurts many.

Foreclosures accelerated to the fastest pace in almost three decades during the second quarter as interest rates increased and home values fell, prompting more Americans to walk away from homes they couldn’t refinance or sell.

New foreclosures increased to 1.19 percent, rising above 1 percent for the first time in the survey’s 29 years, the Mortgage Bankers Association said in a report today. The total inventory of homes in foreclosure reached 2.75 percent, almost tripling since the five-year housing boom ended in 2005. The share of loans with one or more payments overdue rose to a seasonally adjusted 6.41 percent of all mortgages, an all-time high, from 6.35 percent in the first quarter.

Tumbling home prices are making it difficult for even the most creditworthy owners with adjustable-rate mortgages to sell or get a new loan as their financing costs rise, said Jay Brinkmann, MBA’s chief economist. Prime ARMs accounted for 23 percent of new foreclosures and subprime ARMs were 36 percent, he said.

“People chose the lowest payment option to get into some of the very expensive housing markets and now that prices are coming way down, they can’t sell and they can’t afford the higher payments,” Brinkmann said in an interview. The unadjusted rate for new foreclosures was 1.08 percent, also a record, he said.

Foreclosures started on prime mortgages rose to 0.67 percent from 0.54 percent and the foreclosure inventory increased to 1.42 percent from 1.22 percent, the report said. The share of seriously delinquent prime mortgages was 2.35 percent, up from 1.99 percent.

Existing home sales fell to a 10-year low in the second quarter and the median price for a single-family house dropped 7.6 percent, according to the National Association of Realtors in Chicago.

Sales of previously owned homes rose 3.1 percent in July to an annualized pace of 5 million, boosted by foreclosures that accounted for about a third of all transactions, the National Association of Realtors said in an Aug. 25 report.

Some content from Bloomberg.com


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I was really hoping that I had a nightmare last night, but after opening my emails this morning….It really happened! Yesterday was a perplexing day in our world of Short Sales.
The call we received from a family in the midst of a Chapter 7 Bankruptcy was not uncommon. A sale date set for the home less than 2 weeks away. We have been blessed in getting offers quickly and stopping trustee sale dates just days before the sale.
This Short Sale started out like all others….daily calls to the lender. AHMSI is the first mortgage holder, previously Option One. It took us about 7 days to have the trustee sale canceled. Although this came with conditions, typical items that lenders cover on short sales were declined as well as a huge cut in the Realtor commissions; they would only pay a total of 4%. Remember, the home was going to come back to them at foreclosure….according to the United States Bankruptcy Courts. The cost associated to take a home back at foreclosure is near $70,000 plus…!
Ok, no matter, we just want to make sure this property does not end up as a foreclosure. Next steps were to talk to the second mortgage holder, Bank of America. Their process seemed like it would be a no brainer. They actually have a recording that gives step by step instructions, and a timeline of what to expect and when. Anyone watch Twilight Zone? Remember the episode where everyone on the planet looked like a mutant pig…except one beautiful woman? They ended up sending her to another planet because she was so “different”…
Take that and imagine the entire team of home retention of Bank Of America, and I’m not talking about the beautiful woman! Get this, after days of talking to drones I finally made it to the supervisor of Home Retention, Veronica Vira. Get this…I asked her if she could help us with getting the lien released on this property as we had an offer that was accepted by the first lien holder, who by the way was going to offer a $1000 to BofA. Veronica proceeds to tell me this loan has already been charged off due to the bankruptcy. Once again, I explained that the owners of the home are trying to avoid a foreclosure and we had an offer to SELL the home, and just needed BofA to release the lien. Are you ready for this??? Veronica says and I quote “We are not going to release the lien for a $1000; do you know how much is owed on this”? Perplexed…I reminded her that she had just told me that the debt had been charged off, and with accepting this $1000 BofA was actually going to net more than if they charged it off.right????
End of conversation with Veronica, she held fast on BofA’s policy. Today via fax we received a lovely letter declining to accept the $1000 offer from AHMSI. (I have posted the letter for all to see, minus the client information of course).
What a very sad and unacceptable scenario of how lenders are “Pretending to Do Business”
I have to believe that these “temporary” employees are not accountable to higher management. From my experience dealing with Short Sale lenders over the past year, most negotiators handling these files do not hang around long enough to learn the process…if there is a process in place. I’m guessing they are paid hourly, with no incentive, or repercussion regarding their workload and the ultimate outcome of Short Sale versus Foreclosure….
There are real casualties here; the family that is going to suffer a foreclosure for years and our economy. Not accepting fair market value offers, choosing to spend the money to let the property be foreclosed on is beyond frustrating! These same idiots are now going to have to pay a Realtor to get the home ready for sale and pay them commissions….and I guarantee that the sale price 6 months from now when the home goes back to market will be LESS than the offer that was declined.
Oh, and we are not giving up that easy, we will work our way up the food chain at Bank of America. Someone has got to have a brain…..
State Bill 1137 is just around the corner, the one that is trying to help California put a stop or at least slow down foreclosures…only time will tell.

“Twilight Zone….” They need to go to the planet where people are like them!
bofadecline


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