East Bay, CA Shortage of Homes

The current inventory of housing in the East Bay, CA is at least 20% less than last year. Therefore, creating a frency of qualified buyers which is resulting in shorter sale times and multiple offers. The economic laws of supply and demand tell us that this competition should push prices up but it's not happening. The other result is that, with so little purchase opportunities available, demand for rental housing has increased and rent is at an all-time high.

So what's going on? It appears to be a conflict between several varied market forces.

First - Buyers fear more price reductions to come - Market watcher Core Logic reports that there are currently 11.1 million borrowers underwater nationwide. Lender Processing Service (LPS) reports that 5.5 million borrowers are 30 days or more delinquent, over 2 million of which are already in the foreclosure process. And while statistically foreclosure rates are actually down, 56,258 new foreclosures were started in California in the 1st three months of 2012. Many call this the "shadow inventory": properties in trouble but not on the market for sale. With the recent National Mortgage Settlement resolving lender fears of possible blocks to foreclosure, most market watchers expect an increase in the 2nd quarter. If so, prospective buyers fear that increased foreclosure activity may push prices down further.

Second - Prospective Sellers hope for Loan Modifications - Despite the reality that success in obtaining a loan modification remains less than 10% and mods with principal reduction are even less, upside-down owners continue to hope that relief may be coming to enable them to keep their homes. The National Mortgage Settlement will eventually produce up to $25 billion in principal reductions, although it is still unclear who will qualify for these. The Settlement only applies to Wells Fargo, BofA, Chase, Ally, and Citi but does not apply to FNMA and Freddie Mac owned loans. Those two GSE's own 60% of the upside-down loans yet they refuse to participate in principal reduction.

Third - Lenders are tightening lending standards - According to a recent report in DS News, over 30% of residential mortgage lenders report an increase in demand. In response, lenders are actually tightening standards for residential mortgage loans. While the availability of loans remains better than it was immediately after the onset of the recession, prospective home owners are finding it more difficult to obtain purchase funds. This prevents them from competing with the large numbers of investors and others purchasing properties for all cash.

Fourth - REO holders are bypassing the real estate profession - Increasingly, lenders are offering to sell their REO (real estate owned) properties in bulk to investor groups at a discount. For lenders, this removes large numbers of properties from their non-performing inventory at a lower cost; and for investors, this provides a very significant opportunity to buy already devalued property at even further reductions. However, these properties never come on the market for Realtors to sell or prospective buyers to buy. This trend appears to be increasing.

Taken together, these market forces are likely to keep market inventory down for the foreseeable future.

The information presented in this Article is not to be taken as legal advice. Every person's situation is different. If you are upside-down on your loan, or would like to sell or buy a home, than please contact us by CLICKING HERE.

Bank - Settlement Means More Loan Modifications!

As reported in my February 9th Blog, the Federal and State Attorneys General entered into a Settlement of claims arising from the "robo-signer" scandals of 2010.  Under the Settlement which has come to be called the "National Mortgage Settlement", five major lenders - Wells Fargo, BofA, Chase, Citibank, and GMAC/Ally - agreed to pay $25 Billion in cash and credits which would then be spent on relief for upside down property owners with a small amount, $2,000, going to property owners who actually lost their homes as a result of the scandal.  What was unclear, was how would the lenders allocate their payment obligations. Wells Fargo has now given us a "road map" of what they intend to do.  This may be used as a model for the rest of the lenders to follow, but not guaranteed.

The Wells Fargo Settlement obligation is $5.3 Billion. Their plan to meet this was contained in their 2011 Annual Report filed last week with the Securities and Exchange Commission (Pg 74 of the 233 page Report).  What it does is identify three broad categories of payment:

1.  $1 Billion for Foreclosure Assistance Payments - These funds will be paid directly to Federal and State government agencies to use as they see fit for their own foreclosure assistance programs, including reimbursement of monies that such agencies may have already paid out.

2.  $3.4 Billion for Consumer Relief Programs - These funds are not actually "out-of-pocket" payments.  Rather, Wells Fargo will receive "credits" against this obligation in exchange for principal reductions on existing loans.  These will be made in two different categories:  

          (a)  1st Lien Principal Forgiveness - they will receive $1 of credit for each $1 of debt forgiveness on loans with a loan to value (LTV) ratio of 175% or less.  This must be a minimum of 30% of their credits.  If the LTV ratio is greater than 175%, they only get a 50% credit.  This would suggest that they will offer credits to keep loans in place when the property is more "affordable".  When it is not, ie: LTV over 175%, they probably will push these to foreclosure or short sale.

         (b)  2nd Lien Principal Forgiveness - they will receive a sliding scale of credits based upon how delinquent the borrower is:  Less than 90 days late = 90% credit; 91 to 179 days late = 50% credit; and 180+ days late = 10% credit.  We can reasonably expect that the bulk of these credits will go to those who are in default but not seriously in default.  Those who are not in default at all will presumably get no assistance.

3.   $900 Million for Loan Refinancing - These funds will be used to assist debtors in refinancing their existing loans.  There is a complex formula to follow that matches first the old interest rate against the new interest rate then multiplies that by a factor based upon the unpaid principal balance.  So, each loan can bring a different result.

The bottom-line in the above is this: Wells Fargo has a new incentive to offer principal reductions on loan modifications and refinances.  But these will most likely be used on loans where the credits will likely save the property from foreclosure.  Conversely, those that do not fit within this framework may be more likely targeted for foreclosure which will push the urgency of short sale to minimize the risk of judgment, tax, credit, and career damage.

Meanwhile, if you or someone you know is struggling with an upside-down property and don't know what to do, than have them please contact us to discuss options.  PLEASE CLICK HERE TO CONTACT US! Please make sure you provide a little description so we can contact you and address your needs.

The information presented in this Article is not to be taken as legal advice. Every person's situation is different. If you are upside-down on your loan, especially if your facing a lender lawsuit, get competent legal advice in your State immediately so that you can determine your best options.

Home Underwater? Need 300% or MORE LOAN TO VALUE!

New Refinance Program For Underwater Homeowners!

  

A new refinance program is going to be available in early March 2012 for underwater Homeowners. Per Fannie Mae, the estimated number of borrowers eligible to refinance under the new HARP 2.0 guidelines is an astounding 9 million homeowners. Below is an initial criteria as to who would qualify: 

1. It does not matter how much your home is underwater, you will be able to refinance at today's low rate.
2. Mortgage insurance will need to be obtained for underwater homes. 
3. No minim credit score
4. Eligibility - Owner occupied, 2nd homes and investment property up to 4 units.
5. Rate and term refinance only - NO cash-out
6. Mortgage should have been obtained prior to 6/1/09
7. Investor on the loan needs to be Fannie Mae. See if your loan is owned by Fannie Mae - Click Here. In order to find out when Fannie Mae purchase your loan- send an e-mail too resource_center@fanniemae.com.

More details to follow. Please check back.

Contact us for additional details- click here

To find out if your home is owned by Fa

HAMP ANNOUNCES INCREASED PRINCIPAL REDUCTIONS FOR LOAN MODIFICATIONS

As reported in DSNews.com, government officials have announced changes to the administration’s Home Affordable Modification Program (HAMP) which are expected to extend relief to a larger share of struggling homeowners as well as renters, according to federal officials.  One of the key adjustments to the program centers around principal reductions. HAMP currently includes an option for servicers to provide underwater homeowners who are struggling with their payments with a modification that includes a principal write down.

As we’ve often seen in the market, Fannie Mae and Freddie Mac remain obstacles to both loan modifications and short sales by refusing principal reduction in loan modifications and restricting short sale contributions to junior lenders.  Since these two GSE’s own or guarantee up to 80% of all residential loans, they have a significant effect on market recovery.

To encourage investors to agree to principal reduction modifications, Treasury is tripling the incentives for such restructurings, paying from 18 to 63 cents on the dollar, depending on the degree of change in the loan-to-value (LTV) ratio. The Federal Housing Finance Agency (FHFA) has prohibited Fannie Mae and Freddie Mac from employing HAMP’s principal reducing option for their borrowers. Treasury has notified FHFA that it will pay these same principal reduction incentives to Fannie and Freddie if they allow servicers to forgive principal in conjunction with a HAMP modification. FHFA issued a statement in response noting that it recently released analysis concluding principal forgiveness does not offer any greater benefits than principal forbearance as a loss mitigation tool. 

Among the other changes announced, borrowers who are struggling because of debt beyond their mortgages, such as second liens and medical bills, will be eligible for an alternative program evaluation with more flexible debt-to-income criteria. In addition, Treasury will expand eligibility to include investor properties that are currently occupied by a tenant as well as vacant properties slated for rental use.

The deadline for HAMP will be extended for an additional year through December 31, 2013.
Meanwhile, if you or someone you know is struggling with an upside-down property in California and don’t know what to do, our Consultation Program can offer knowledge of what to expect and form strategies to either keep the property or move on with as little financial risk as possible.  To schedule a Consultation, please contact us-Click Here.

The information presented in this Article is not to be taken as legal advice. Every person’s situation is different. If you are upside-down on your loan(s), especially if you’re facing a lender lawsuit, get competent legal advice in your State immediately so that you can determine your best options.

On April 13, 2011, the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, and the Office of Thrift Supervision announced enforcement actions against 14 large residential mortgage servicers and two third-party vendors for unsafe and unsound practices related to residential mortgage servicing and foreclosure processing.  As part of those consent orders, federal regulators required servicers to engage independent firms to conduct a multi-faceted review of foreclosure actions in process in 2009 and 2010. Under the orders, independent consultants are charged with evaluating whether borrowers suffered financial injury through errors, misrepresentations, or other deficiencies in foreclosure practices and determining appropriate remediation for those customers. Where a borrower suffered financial injury as a result of such practices, the agencies' orders require financial remediation to be provided.

To be eligible, the mortgage must have been active in the foreclosure process between January 1, 2009, and December 31, 2010, the property securing the loan must have been the primary residence, and the mortgage must have been serviced by one of the following mortgage servicers:

• America's Servicing Co.
• Aurora Loan Services
• BAC Home Loans Servicing
• Bank of America
• Beneficial
• Chase
• Citibank
• CitiFinancial
• CitiMortgage
• Countrywide
• EMC
• EverBank/EverHome Mortgage Company
• GMAC Mortgage
• HFC
• HSBC
• IndyMac Mortgage Services
• MetLife Bank
• National City Mortgage
• PNC Mortgage
• Sovereign Bank
• SunTrust Mortgage
• U.S. Bank
• Wachovia Mortgage
• Washington Mutual (WaMu)
• Wells Fargo Bank, N.A.
• Wilshire Credit Corporation

As part of that program, the 14 mortgage servicers covered by the enforcement actions will begin mailings November 1, 2011 that will continue through the end of the year. The mailings are intended to provide information to potentially eligible borrowers on how to request a review of their case if they believe they suffered financial injury as a result of errors, misrepresentations, or other deficiencies in foreclosure proceedings related to their primary residence between January 1, 2009 and December 31, 2010. The mailings will include a request for review form. Requests for review must be received by April 30, 2012.

The third-party consultant will assess whether any errors, misrepresentations, or other deficiencies resulted in financial injury to borrowers. Where a borrower suffered financial injury as a result of such practices, the consent orders require remediation to be provided.  During the review, customers may be contacted by mortgage servicers for additional information at the direction of the independent consultant.

Borrowers may also visit www.IndependentForeclosureReview.com for more information about the review and claim process. Assistance with the form and answers to questions about the process are available at 1-888-952-9105, Monday through Friday from 8 a.m. to 10 p.m. (ET) and Saturday from 8 a.m. to 5 p.m. (ET).

If you believe that you are eligible for the Review Program or need assistance with the process or determining your rights, than please let us know and we can put you in touch with somebody that may be able to assist. Please click here to contact us.

The information presented in this Article is not to be taken as legal advice. Every persons situation is different. If you are upside-down on your loan(s), especially if you're facing a lender lawsuit, get competent legal advice in your State immediately so that you can determine your best options.

Quiet title action a sneak attack on RMBS

A Virginia quiet title litigator won a nullified deed of trust in Fairfax County this week on a Onewest loan (as successor to Indymac). We are trying to get the property sold immediately. This time a property last sold for 1.8+ million$.  Briefly, this technique takes advantage of the layer of opaqueness purposefully created by MERS in the land record. MERS- or mortgage electronic registration systems, - Wall Streets’ mortgage swamp monster does four things for big bankers:  

 

A)  MERS Allows banks to illegally get away with NOT paying County promissory note transfer taxes each time the note passes to a new entity through chain of title in the securitization process.

 

B)  MERS Keeps a layer of Opaqueness in the land record through which the homeowner cannot see to find out who really owns their promissory note, but the banks can  see through it allowing dishonest representations to both homeowner and Courts alike with very little interference or penalty.

 

C)  MERS Allows banks to foreclose in MERS name so even through the foreclosure process in many states, the RMBS- (mortgage backed securities pool) that owns the note doesn’t have to reveal itself.

 

D) MERS is, According to MERS executives who have had to suffer depositions a “single use bankruptcy vehicle” therefore, when it all goes sideways and is exposed for being the demonic wealth transferring monster that it is, the banks plan on killing MERS ultimately and with it as much liability as they can dump into the legal sink hole..

 

However brilliant this piece of Wall Street magic was, there are problems.  As soon as MERS places a MIN number on a deed of trust and sells the note off to a depositor or trustee of an RMBS, the lender in the land record is now no longer a true party of interest. In deed of trust states like Virginia, California, Utah,  Nevada  & Texas the question immediately begged is well who is the trustee of the deed of trust?  Does this party have a relationship with the new note holder that MERS is dutifully hiding?  Do they even know who the note holder is?   Is the trustee a little title company who is no longer in business??     

 

The best case scenario for quiet title is in a deed of trust state where the trustee in the land record is out of business or doesn’t know who the real note holder is. The attorneys sue to demand that the party who doesn’t belong in the land record remove themselves. If the party is out of business, we’ll we call that a default judgment. There are lots of deeds of trusts that are susceptible to this very easy attack, because MERS made the banks think that the land record didnt require true parties of interest to be updated.    

 

If you would like to find out more about quite title action than please contact us and we can put you in touch with one of our attorneys.

Houses for $100 down!!!

That's all you'll need for a down payment to buy a foreclosure offered for sale by the government. 

This sounds like a heck of a deal: HUD now only wants $100 down to close the deal.

Yes, the U.S. Department of Housing and Urban Development has brought back the $100 down payment plan in Southern and Western states. It could be a tremendous opportunity for some people -- first-time homebuyers or perhaps those who are close to retirement and are looking to downsize to a smaller home. (Some of these are modest homes in locations where jobs may be scarce. Others are large homes in metro areas.)

Summary:

• The $100 down program is available only for people who will live in the home, not investors.
• Your real-estate agent has to submit a bid for the house online.  
• You have 12 months to get in on this deal.
• Your financing must be FHA-insured.
• You might have to have more skin in the game. 
  Explanation: The $100 down payment incentive is only available if the purchase price of the home is equal or less than the appraised value of the home. If you have an accepted bid for over the appraised value of the home you must bring the difference as down payment to the closing.
   

So, what might you buy with $100 down? You can find a database of HUD-owned homes here. (Click on each state in the map to see what's available.) There's quite a range, judging from the descriptions and photos of the properties. And the list can change every day.

Please contact us if you are seeking a home, investment property and financing.