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	<title>Short Sales Riches Blog &#187; inflation</title>
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		<title>Home prices declined almost 5% in 2011</title>
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		<pubDate>Fri, 03 Feb 2012 16:11:47 +0000</pubDate>
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		<description><![CDATA[Smart Real Estate News &#38; Commentary by Chris McLaughlin February 3, 2012 Forward this e-mail to your friends! Then they can subscribe directly at the following link: http://www.smartrealestatenews.com/ *** Join Chris’ Facebook Fan Page&#8211;&#62; http://www.mclaughlinchris.com *** Follow Chris on Twitter&#8211;&#62; http://www.twitter.com/mclaughlinchris ************************************************************ Home prices declined almost 5% in 2011 Home prices decreased 4.7% in 2011 [...]]]></description>
			<content:encoded><![CDATA[<p>Smart Real Estate News &amp; Commentary by Chris McLaughlin February 3, 2012</p>
<p>Forward this e-mail to your friends!<br />
Then they can subscribe directly at the following link:</p>
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<h3>Home prices declined almost 5% in 2011</h3>
<p>Home prices decreased 4.7% in 2011 compared to the year before, marking the fifth consecutive year-end decrease in the CoreLogic home price index.  Excluding distressed sales, home prices decreased 0.9% last year, which CoreLogic said gives an indication “of the impact of distressed sales on home prices in 2011.”  Home sales last year also show month-over-month declines. December showed the fifth consecutive monthly decline with a drop of 1.4%, but rose 0.2% when distressed sales were removed from the equation.</p>
<p>The December decline followed a much larger drop of 4.3% in November, compared to November 2010.  “While overall prices declined by almost 5% in 2011, nondistressed prices showed only a small decrease. Until distressed sales in the market recede, we will see continued downward pressure on prices,” said Mark Fleming, chief economist for CoreLogic.  While national statistics may be bleak, a few states posted increases in the price of homes last year. Montana came in first with 4.4% appreciation with distressed sales included, followed by Vermont (+4%), South Dakota (+3.1%), Nebraska (+2.5%) and New York (+1.7%).  Illinois had the biggest 2011 decline in prices, 11.3%, followed by Nevada at 10.6%.  Nevada&#8217;s peak-to-current decrease stands at 60% (including distressed homes), compared with a national decrease of 33.7%.</p>
<h3>Employment up</h3>
<p>The pace of job creation surged in January, with the US economy generating 243,000 new positions while the unemployment rate dropped to 8.3%, according to government data released today.  Both numbers were far better than consensus, which expected a growth of 150,000 jobs and a steady unemployment rate of 8.5%.  The overall work week remained unchanged at 34.5 hours while wages rose an average of four cents an hour to $23.29.  The closely watched labor-force participation number, which can skew the unemployment rate, fell to 63.7%, the lowest since May 1983. The number of those working part-time for economic reasons rose 1.2%.  Job gains have been concentrated primarily in the service sector, particularly in retail and the food and beverage industries. Warehousing, manufacturing, mining and health care also have participated.  True to form, services were responsible for 162,000 of the January swell, with manufacturing payrolls growing 50,000. Government cuts subtracted 14,000 from the total.  The total number of unemployed fell below 13 million for the first time since February 2009, while the total amount of employed Americans rose to 141.6 million, an increase of 847,000 from December.  The unemployment rate was last this low in February 2009.  The so-called real unemployment rate, which measures discouraged workers as well and is referred to as the U-6, nudged lower to 15.1%.</p>
<p>Long-term unemployment, though, remains a problem, with the duration dropping from a near-record 40.8 weeks to 40.1 weeks.  Also, the level of discouraged workers surged, rising 7% to its highest level since December 2010.  Job growth remains one of the two missing pieces of the recovery puzzle, even though the rate has been on a steady trek lower.  In December, the economy created 203,000 jobs and the unemployment rate slipped to 8.5%, well off its 10.1% cycle peak. The monthly jobs report  generally draws considerable trader reaction, which as of late has been all negative.</p>
<h3>Olick &#8211; rent vs own riles government policy</h3>
<p>&#8220;Fannie Mae and Freddie Mac, the mortgage giants under government conservatorship, together owned 182,212 foreclosed properties as of the end of September.  While they aggressively market and sell these homes to investors and owner-occupants alike, the numbers are still too high; these number could go far higher, as foreclosures previously stalled by paperwork issues come back into process.  That’s why the federal regulator overseeing the two is launching a bulk sale program, offering investors the chance to buy foreclosed properties at a discount, as long as those investors turn the properties into viable rentals for a specified number of years.  &#8216;This rental period could provide relief for local housing markets that continue to be depressed by the volume of foreclosed properties, and provide additional rental options to certain markets,&#8217; according to a release from the regulator, the Federal Housing Finance Agency (FHFA).</p>
<p>The FHFA launched the initial phase of pre-qualification. Investors must prove they have &#8216;(a) the financial wherewithal to acquire the assets; (b) sufficient experience and knowledge in financial and business matters to analyze and bear the risks of the investment opportunity; and (c) agreement to keep certain information about the REO [Real Estate Owned, i.e. bank owned] and related matters confidential.&#8217; That last part is to keep the prices competitive as the market starts to improve.  Giving investors the opportunity to help clear the massive amount of distress in the housing market is crucial. The inventory of foreclosed properties is large, getting larger, and making it impossible for the overall market to achieve price stability. Witness a report today from CoreLogic which shows that home prices in December fell 4.7% year-over-year including sales of distressed properties. Excluding those properties, home prices fell less than one%.</p>
<p>Some, however, think the program is a negative:  &#8216;People are brainwashed to think foreclosures are a bad thing for the housing market. Perhaps four years ago when a million loans all went into default and Foreclosure at the same time but not today. Today, 1st timers and investors &#8212; with an insatiable appetite for foreclosures, REO resales, and short sales &#8212; are the bedrock of this housing market.&#8217; – Mark Hanson, Mortgage Analyst</p>
<p>&#8216;Foreclosed homes are already meeting strong demand from investors when they come to market. We think these buyers are willing to pay a relatively full price, as they know the specific locations, and a large number of buyers have the ability to bid on the individual homes (doesn’t require significant capital)… Additionally, it will be difficult/expensive for investors to scale up operations given the broad geographic dispersion of properties vs. more traditional rental units, potentially limiting participation.&#8217; – Dan Oppenheim, Credit-Suisse</p>
<p>Oppenheim also asks a valid question as to why the government would offer discounts to large investors buying in bulk, but not to individual investors buying perhaps a single property. There are plenty of Americans out there salivating over incredibly low-priced homes; rental income could be as much of a boon to them as perhaps a tax cut or a refinance.  It was interesting yesterday, during his speech touting a proposed new government mortgage refinance program, President Obama, caught up in the moment, exclaimed, &#8216;No more renting!&#8217; Putting aside the public relations blunder that was, given the fact that the FHFA had announced its REO to rent program not two hours before, it just drove home the conflict our government has between what it thinks Americans want to hear and what our economic reality dictates.</p>
<p>A few simple facts: There is not enough buyer demand to meet the number of homes for sale. A huge number of the homes for sale are empty, foreclosed properties. Too many Americans either cannot afford to buy a home or do not have the credit necessary to finance a home. Too many Americans cannot afford to sell their current homes in order to move or step up to a larger home. Rental demand is therefore strong and getting stronger.  While homeownership may be a tenet of the &#8216;American Dream,&#8217; renting is today’s actuality for a growing number of Americans. Whether it is large investor bulk programs or single investor incentives, adding to rental supply, thereby lowering rents, while at the same time clearing the market of foreclosed properties is a win. It may not be as politically palatable as offering &#8216;responsible&#8217; borrowers a veiled tax credit in the form of a mortgage refinance, but it is good medicine for what ails housing.&#8221;</p>
<h3>Pension threat for market investors</h3>
<p>It’s no secret that the financial crisis and resulting malaise has taken its toll on bank stocks, commodities and Treasury yields.  But it may be have triggered another ripple – one that has gone somewhat unnoticed.  Pension funds have become seriously underfunded. According to a recent report from Credit Suisse some of the nation’s largest companies owe their pensions more than 25% of their market cap (after taxes).  Although the problem is complex, at its core is simple math. Many firms forecast returns of 8% annually, and that just hasn&#8217;t happened.  This developing situation is potentially market moving because it could require companies to make larger contributions – much larger. And if contributions ‘do’ go up, the money will have to come from someplace on the balance sheet.</p>
<p>“A pension accounting change at UPS will result in $527 million after tax charge in 2011,” says Joe Terranova. &#8220;And Sunoco said they have to contribute $80 million into their pension funds.&#8221;  In other words, the need to fund pensions could drag down profits and, in turn, share price. In fact, the pension liability at AK Steel was cited by BofA as a reason behind their recent decision to downgrade the stock to ‘Underperform’ from ‘Neutral.”  “I think in 2012 it will be a recurring issue,” Terranova says.  John Ehrhardt of Milliman confirms the thesis. He tells us that investors should expect record numbers of earnings charges in 2012.  “Record low interest rates result in historically high liabilities and the only remaining lever may be employer contributions.”  And according to Ehrhardt this may be just the tip of the iceberg. &#8220;These companies are going to need 20-30% returns to fill the kinds of gaps we&#8217;re talking about.&#8221;</p>
<h3>WSJ &#8211; Ally financial swings to loss</h3>
<p>Ally Financial Inc., the US government-owned auto lender, swung to a $250 million net loss in the fourth quarter after taking a charge for regulatory penalties stemming from foreclosure matters.  The Detroit-based lender, which provides financing for General Motors Co. and Chrysler Group LLC dealers and customers, continued to make money from its auto-lending operations, but the results were weighed down again by its mortgage unit, which is saddled with lawsuits over foreclosures and soured mortgage investments.  The loss compares to a year-ago profit of $79 million. It had a core pretax loss, which reflects results from continuing operations before taxes and other expenses, of $24 million, down from $526 million. Excluding a $270 million foreclosure-related charge, core pretax income would have been $246 million.</p>
<p>&#8220;One of our key priorities remains aggressively addressing the risks related to the mortgage business and taking steps to protect the key franchises at Ally,&#8221; Michael Carpenter, the company&#8217;s chief executive, said in a statement. &#8220;This will be critical to advance plans to repay the US taxpayer.&#8221;  Ally, which was formerly owned by GM, is one of at least five major mortgage servicers in discussions with state and federal regulators over a potential settlement of &#8220;robo-signing&#8221; and other alleged foreclosure offenses. Regulators are close to finalizing a deal worth as much as $25 billion that could also include Bank of America Corp., Citigroup Inc., J.P. Morgan Chase &amp; Co. and Wells Fargo &amp; Co.  On Tuesday, Ally said it would record the $270 million charge in the fourth quarter for penalties from regulators and other government agencies related to foreclosure issues.</p>
<p>The charge was mainly related to its mortgage subsidiary, Residential Capital, which has been the subject of bankruptcy speculation for several months. The charge caused a temporary decline in ResCap&#8217;s tangible net worth below $250 million, breaching debt covenants of some of its lenders, Ally said.  Ally has been trying to scale back its mortgage operations as it focuses on building up its auto business and online retail bank. In November, the company said it would significantly curtail its correspondent lending operations, which comprise the bulk of its mortgage originations.</p>
<p>See you at the top!<br />
Chris McLaughlin</p>
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<p>About the author:<br />
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<p>* In 2010, Chris&#8217; 4 Central Florida real estate offices<br />
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		<title>Foreclosures drawing private equity</title>
		<link>http://shortsalesriches.com/blog/foreclosures-drawing-private-equity</link>
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		<pubDate>Wed, 01 Feb 2012 16:30:38 +0000</pubDate>
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		<guid isPermaLink="false">http://shortsalesriches.com/blog/?p=2357</guid>
		<description><![CDATA[Smart Real Estate News &#38; Commentary by Chris McLaughlin February 1, 2012 Forward this e-mail to your friends! Then they can subscribe directly at the following link: http://www.smartrealestatenews.com/ *** Join Chris’ Facebook Fan Page&#8211;&#62; http://www.mclaughlinchris.com *** Follow Chris on Twitter&#8211;&#62; http://www.twitter.com/mclaughlinchris ************************************************************ Foreclosures drawing private equity Private equity firms are jumping into distressed housing as the US [...]]]></description>
			<content:encoded><![CDATA[<p>Smart Real Estate News &amp; Commentary by Chris McLaughlin February 1, 2012</p>
<p>Forward this e-mail to your friends!</p>
<p>Then they can subscribe directly at the following link:</p>
<p>http://www.smartrealestatenews.com/</p>
<p>*** Join Chris’ Facebook Fan Page&#8211;&gt;</p>
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<h3>Foreclosures drawing private equity</h3>
<p>Private equity firms are jumping into distressed housing as the US government plans to market 200,000 foreclosed homes as rentals to speed up the economic recovery.  GTIS Partners will spend $1 billion by 2016 acquiring single-family homes to manage as rentals, Thomas Shapiro, the fund’s founder said. That followed announcements this month that GI Partners, a Menlo Park private equity fund, expects to invest $1 billion, and Los Angeles-based Oaktree Capital Management LP will spend $450 million on similar housing.  “It’s a massive market,” Shapiro said in a telephone interview from New York. “We’re starting to see this as a billion dollar opportunity to buy rental housing.” Increasing rentals may reduce lenders’ losses on foreclosed and surrendered properties and curb declines in home prices, according to a Federal Reserve study Chairman Ben S. Bernanke sent to Congress on Jan. 4. Private equity funds began focusing on these investments in September, after the administration asked for proposals to sell the government’s inventory of foreclosed homes &#8212; about half of all houses seized from delinquent borrowers.</p>
<h4>Private sector gains 170,000 jobs</h4>
<p>The private sector created 170,000 jobs in January, boosted again by a surge in service-sector employment, according a report from ADP and Macroeconomic Advisors.  With economists looking for signs of life in the jobs market, the ADP number was close to consensus estimates and likely sets the stage for solid though not overwhelming overall growth when the government releases its monthly report Friday.  The private payrolls report showed service jobs growing by 152,000 in January, after rising a revised 241,000 in December.  Goods-producing jobs rose 18,000 while manufacturing added 10,000 and construction gained 2,000 for the month.  The total number of private sector jobs created is a substantial dropoff from December&#8217;s report that showed a revised 292,000, revised down from 325,000.  The Labor Department on Friday is expected to report nonfarm payrolls growth of 159,000 and an unchanged unemployment rate of 8.5%, according to StreetAccount estimates. Economists sometimes use the ADP numbers to adjust their projected unemployment estimates.  ADP&#8217;s numbers have been running on average 10,000 more than the government, though that number swelled to 92,000 in December, raising caution that seasonal distortions could be influencing the payroll firm&#8217;s figures.</p>
<h4>November home prices down 3.7% from previous year</h4>
<p>The average price of a single-family home fell again in November, with decreases in 19 of the 20 largest metropolitan areas during the month, according to the <strong>Standard &amp; Poor&#8217;s</strong>/Case-Shiller index.  The ratings agency&#8217;s 20-city composite index and 10-city index both declined 1.3% from a month earlier. The larger, benchmark index drop 3.7% from November 2010 and the 10-city index for November was 3.6% lower than the year earlier.  S&amp;P said both indices are one-third lower than the peak in the summer of 2006 and home prices are now at levels last seen in the middle of 2003.  Atlanta home prices for November were nearly 12% lower than the prior year, while Detroit at 3.8% and Washington with a 0.5% gain are the only metropolitan areas to post annual increases. Home prices in Atlanta, Las Vegas, Seattle and Tampa, Fla., all reached new lows in November, according to S&amp;P/Case-Shiller.  &#8220;Despite continued low interest rates and better real GDP growth in the fourth quarter, home prices continue to fall,&#8221; said David Blitzer, chairman of the S&amp;P index committee.  He said Phoenix, one of the hardest-hit areas in recent years, was the only MSA to post an increase in prices from October with a 0.6% gain.  &#8220;Annual rates were little better as 18 cities and both composites were negative,&#8221; Blitzer said. &#8220;The trend is down and there are few, if any, signs in the numbers that a turning point is close at hand.&#8221;  Analysts with Toronto-based Capital Economics agreed and said &#8220;there are still no signs that house prices are on the verge of turning around,&#8221; as the Case-Shiller indices fell for the seventh month in a row.  &#8220;But things should be different in six months&#8217; time, when the recent rises in home sales will have helped to put a floor under prices,&#8221; the analysts said.</p>
<h4>California is broke</h4>
<p>California needs to come up with more than $3 billion to avoid burning through its cash by March, according to the state controller, who urged borrowing and delaying some payments.  &#8220;Assuming no additional revenue loss, erosion of borrowable internal funds, or significant spikes in spending, $3.3 billion of cash solutions are needed to address California&#8217;s liquidity needs during this period,&#8221; State Controller John Chiang said in a letter to the chairman and vice chairman of the Joint Legislative Budget Committee released on Tuesday.  Chiang said California does not need to issue IOUs again as it did during a cash crunch in 2009 or delay tax refunds, noting he has developed a plan with the state treasurer&#8217;s office and the state&#8217;s finance department that would postpone some payments and borrow from external sources and from state accounts to bolster the state&#8217;s cash.  &#8220;It is not an ideal solution, but it is the best way to manage the challenge without relying on IOUs or delaying tax refunds — actions that can disrupt the delivery of essential public services and slow California&#8217;s economic recovery,&#8221; Chiang said.  Senator Mark Leno, chairman of the Joint Legislative Budget Committee, said he expects the Senate and Assembly by the end the week will approve borrowing from state funds. Leno said he expects the internal borrowing will raise approximately $850 million.  Chiang noted California&#8217;s dwindling cash reflects revenue coming in below forecast in the state&#8217;s budget and spending exceeding expectations.</p>
<h4>MBA &#8211; mortgage applications down</h4>
<p><strong>Mortgage applications decreased 2.9% from one week earlier</strong>, according to data from the Mortgage Bankers Association’s (MBA) Weekly Mortgage Applications Survey for the week ending January 27, 2012.  The Market Composite Index, a measure of mortgage loan application volume, decreased 2.9% on a seasonally adjusted basis from one week earlier.  On an unadjusted basis, the Index increased 9.0% compared with the previous week.  The Refinance Index decreased 3.6% from the previous week.  The seasonally adjusted Purchase Index decreased 1.7% from one week earlier. The unadjusted Purchase Index increased 17.1% compared with the previous week and was 4.3% lower than the same week one year ago.  The four week moving average for the seasonally adjusted Market Index is up 4.11%.  The four week moving average is up 2.48% for the seasonally adjusted Purchase Index, while this average is up 4.22% for the Refinance Index.</p>
<p>The refinance share of mortgage activity decreased to 80.0% of total applications from 81.3% the previous week. The adjustable-rate mortgage (ARM) share of activity increased to 5.6% from 5.3% of total applications from the previous week.  “The Federal Reserve surprised the market last week by indicating that short-term rates were likely to stay at their current low-levels until the end of 2014.  Longer-term treasury rates dropped in response, and mortgage rates for the week were down slightly as a result,” said Michael Fratantoni, MBA’s Vice President of Research and Economics.  Fratantoni continued, “Although total application volume dropped on an adjusted basis relative to last week, refinance volume remains high, with survey participants reporting that the expanded Home Affordable Refinance Program (HARP) contributed to roughly 10% of their refinance activity.”  In December 2011, Connecticut had the largest increase in refinance applications, increasing by 80.1% from November. Maine saw a 30.8% increase in applications for home purchase, which was the largest state-increase in applications for home purchase. Only 12 states had a decrease in home purchase activity in December, while every state in the US saw an increase in refinance volume.</p>
<h4>Europe on life support</h4>
<p>The European Central Bank (<strong>ECB)</strong> has saved the euro zone from a heart attack, but its members face a long convalescence, made worse by the insistence that fiscal starvation is the right remedy for feeble patients.  Last week’s downgrading of its forecasts by the <strong>International Monetary Fund</strong> (IMF) shows the dangers. The IMF now forecasts a <strong>recession</strong> in the euro zone this year, with a decline of 0.5 per cent in overall <strong>gross domestic product (GDP)</strong>.  GDP is forecast to fall sharply in <strong>Italy</strong> and Spain, and stagnate in France and Germany. This is a terrible environment for countries seeking to cut fiscal deficits. Forecasts are far from satisfactory for other high-income countries. But the euro zone is the most dangerous part of the world economy: only there do we see important governments — Italy and Spain — menaced by a loss of creditworthiness.</p>
<p>Elsewhere, governments of high-income countries can continue to support their economies, largely because they possess a central bank and an adjustable exchange rate. This combination has given them the ability to run large fiscal deficits. In post-crisis conditions, such deficits are both the natural counterpart and the principal facilitator of necessary private sector deleveraging.  The euro zone has no such internal mechanisms. When private external financing dried up, as happened to a number of countries, affected members needed both financing — in the short run — and a mechanism for adjusting their external accounts — in the longer run — other than via deep slumps.  The euro zone lacks both capacities. It has turned out, as a result, to have limited ability to cope with the global financial disease. As Donald Tsang, chief executive of Hong Kong, remarked in Davos: “I have never been as scared as I am now.” Astute observers have a sense that little stands between them and a wave of sovereign and banking defaults inside the euro zone, with ghastly global repercussions.</p>
<h4>Olick &#8211; refinancing to go through FHA</h4>
<p>&#8220;After announcing during his <strong>State of the Union address a new government refinance program</strong><strong> </strong>for, &#8216;responsible&#8217; but &#8216;underwater&#8217; borrowers with privately held mortgages, President Obama is expected to detail the plan today.  It will go through the government mortgage insurer, the Federal Housing Administration (FHA) and could cost between 5 and 10 billion dollars, according to senior administration officials.  The cost of the program, officials say, would be covered by a tax on major lenders, which is likely to make it a no-go in Congress.  It would cover closing fees for borrowers and additional risk to the FHA, which doesn&#8217;t insure new loans where the borrower owes more than the home is worth.  Critics will also argue that the FHA, which now has an inordinately, historically large share of the mortgage market, is in no position to take on any more risk. The FHA could be considered &#8216;underwater&#8217; itself, guaranteeing about $1 trillion in mortgages but sitting on just a $1.2 billion dollar cushion to cover losses.  To that end, officials say they could create a separate fund for these loans, not the regular mutual mortgage insurance fund (MMI). This would be a special risk fund, designed to handle high losses.  &#8216;In this program we&#8217;re talking about extraordinary circumstances,&#8217; says Brian Chappelle of Potomac Partners. &#8216;People have played by the rules, they made payments in addition to the fact that their house is underwater, they&#8217;re paying excessively high rates. It&#8217;s a unique homeowner, not somebody looking for a handout.&#8217;</p>
<p>To be eligible, borrowers would have to be current on their mortgages, not having missed a payment in at least six months. They need a credit score (FICO) above 580, must be employed, and must have a conforming loan (between $271,050 and $729,750 depending on their location). No appraisal would be necessary, according to officials.  Estimates are that the plan could help 3.5 million borrowers in addition to the 11 million expected to qualify for the existing refinance program for those with Fannie Mae and Freddie Mac loans (HARP). The one sticking point could be the mortgage insurance premiums charged by the FHA. If rolled into the loan, they would put a borrower further underwater.  &#8216;To use taxpayer dollars to bail out the few who are current and don’t need payment assistance but are underwater is ludicrous and worsens their equity position,&#8217; says JT Smith of Aristar Funding.  The plan would also require lenders to write down the value of the loan if it exceeded 140% of the value of the home. Administration officials say the trade-off for lenders is they get rid of a risky loan.</p>
<p>On the flip side, the government would then be backing that same risky loan, but officials argue they would offset some of that risk because in order to get closing fees paid, the borrower has to agree to use the lower interest rate savings on the refinance to pay off principal balance.  The plan faces many headwinds, first and foremost being Congressional approval; borrowers and lenders would also have to agree to all the requirements, as this is not an automatic plan but a voluntary, borrower-initiated deal. It would also rile Wall Street, as hundreds of thousands of loans could &#8216;pre-pay,&#8217; which means the bondholders lose.  &#8216;Some say it undermines the value of existing [mortgage] securities, so they would build a premium in,&#8217; notes Chappelle. That could make future loans for other Americans more expensive.&#8221;</p>
<h4>US to charge European traders</h4>
<p>US authorities are preparing to charge four former Credit Suisse employees with criminal and civil fraud related to write-downs on subprime mortgage derivatives at the height of the financial crisis, sources familiar with the matter said.  <strong>Credit Suisse</strong> will not be charged in the matter, which is being investigated by federal prosecutors and the US Securities and Exchange Commission (SEC), the sources said.  The four people to be charged were former Credit Suisse traders who were fired, another source said, but it was unclear when and for what reason.  The suspected illegal conduct took place roughly four years ago, the source said, adding that the bank had been cooperating with officials.  The investigation stems from $2.85 billion in write-downs that Credit Suisse took on collateralized debt obligations in 2008, said the sources, who spoke on the condition of anonymity.  Credit Suisse revealed those CDO losses in early 2008, and blamed them on a group of rogue traders &#8211; who the bank said had deliberately mispriced securities &#8211; and on a failure of internal controls.  Credit Suisse, the Federal Bureau of Investigation, the SEC and Manhattan US attorney Preet Bharara declined to comment on the matter.</p>
<h4>WSJ &#8211; housing&#8217;s firmer foundation</h4>
<p>The Case-Shiller index is closely watched for a reason. It was quicker than a US government price index to show just how bad things were as housing came off the rails in 2007.  But right now, the connection between what the S&amp;P/Case-Shiller index says and what is actually going on with housing may be lukewarm at best.  The difference: The Federal Housing Finance Agency index includes only homes with mortgages guaranteed by Fannie Mae and Freddie Mac, while the Case-Shiller index includes those backed by jumbo and subprime mortgages.  Many homes that were backed by subprime mortgages are now being sold in foreclosure. They aren&#8217;t in nearly as good condition as when they were last bought, and are selling for less than if they had been properly maintained. Because the Case-Shiller index is based on repeat sales, such homes may be biasing it downward.  Moreover, the Case-Shiller index is based on a three-month average of sales, so its November level includes transactions that were completed in October and September. Consider that it takes about two months between a sale and a closing (often longer with mortgage hassles these days), and you are talking about deals agreed on in the summer, when recession fears filled the air. Things now look better. Home prices probably do, too.</p>
<p>See you at the top!<br />
Chris McLaughlin</p>
<p>**************</p>
<p>Copyright Loss Mitigation Institute LLC 2011.<br />
All Rights Reserved.</p>
<p>http://www.shortsalesriches.com</p>
<p>http://www.shortsalescoach.com</p>
<p>http://www.sixfigurebpo.com</p>
<p>http://www.reomillionaireclub.com</p>
<p>http://www.youtube.com/shortsalesriches</p>
<p>http://www.smartrealestatenews.com</p>
<p>(subscribe to this newsletter)</p>
<p>*************************************************</p>
<p>About the author:</p>
<p>Chris McLaughlin is widely known as America’s top<br />
Real Estate Attorney and Investment Consultant.</p>
<p>* As the top Florida foreclosure and pre-<br />
foreclosure expert, he oversees more than<br />
100 short sale &amp; REO closings each month</p>
<p>* Long-time authority on real estate investing<br />
and rapid reselling of distressed homes.  Owns<br />
portfolio of nearly 150 high-value, high-profit<br />
properties</p>
<p>* Owner of one of Florida&#8217;s largest Real Estate firms,<br />
running 4 different offices, supporting over<br />
420 agents, uniquely positioning him to help<br />
thousands of investors make money in the<br />
biggest market opportunity ever!</p>
<p>* In 2010, Chris&#8217; 4 Central Florida real estate offices<br />
closed 2,786 sides for a closed sales volume of<br />
$392,912,927!</p>
<p>* Highly sought-after speaker, consultant, and<br />
seminar leader for current trends and hot topics<br />
in Real Estate Investing, Entrepreneurship, and<br />
Wealth Building</p>
<p>* Follow me on Twitter: http://twitter.com/mclaughlinchris</p>
<p>* Join my Facebook Fan Page: http://www.mclaughlinchris.com</p>
]]></content:encoded>
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		<title>OC Register &#8211; investors are the answer</title>
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		<pubDate>Wed, 01 Feb 2012 16:26:00 +0000</pubDate>
		<dc:creator>admin</dc:creator>
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		<description><![CDATA[Smart Real Estate News &#38; Commentary by Chris McLaughlin January 30, 2012 Forward this e-mail to your friends! Then they can subscribe directly at the following link: http://www.smartrealestatenews.com/ *** Join Chris’ Facebook Fan Page&#8211;&#62; http://www.mclaughlinchris.com *** Follow Chris on Twitter&#8211;&#62; http://www.twitter.com/mclaughlinchris ************************************************************ OC Register &#8211; investors are the answer &#8220;According to a foreclosure sales report [...]]]></description>
			<content:encoded><![CDATA[<p>Smart Real Estate News &amp; Commentary by Chris McLaughlin January 30, 2012</p>
<p>Forward this e-mail to your friends!</p>
<p>Then they can subscribe directly at the following link:</p>
<p>http://www.smartrealestatenews.com/</p>
<p>*** Join Chris’ Facebook Fan Page&#8211;&gt;</p>
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<p>*** Follow Chris on Twitter&#8211;&gt;</p>
<p>http://www.twitter.com/mclaughlinchris</p>
<p>************************************************************</p>
<h3>OC Register &#8211; investors are the answer</h3>
<p>&#8220;According to a foreclosure sales report by RealtyTrac, foreclosure-related homes are still being gobbled up &#8212; they represent 20% of total transactions in 2011 Q3.  Foreclosures are usually viewed as a supply and price issue. High foreclosures keep home prices down, creating negative equity — and declining home prices keep foreclosures coming. This is a seemingly vicious cycle that feeds into the &#8220;shadow supply&#8221; problem and looks potentially like a never ending story.  But all vicious cycles eventually come to an end in a capitalist market system. Ironically, it is the enthusiastic response of investors and regular buyers to low-priced foreclosed homes, which could eventually break the foreclosure cycle.  Foreclosure-related home sales were one-fifth of total US home sales in the third quarter vs. 22% in the quarter before and 30% during the third quarter of 2010.</p>
<p>The decline in the market share of foreclosure-related home sales is partially explained by various hurdles to the efficient conclusion of the foreclosures process, but &#8220;even with the hurdles to selling foreclosures, foreclosure sales continue to represent a historical high percentage of all sales,&#8221; says RealtyTrac. Foreclosures&#8217; shrinking share could also be caused by declining mortgage delinquencies, which have been dropping relatively quickly in California, according to the Mortgage Bankers Association.  In California, the share of foreclosure related sales was 44% in the third quarter. California has one of the most efficient foreclosure recycling processes in the nation, so temporary supply constraints are not that big of an issue as, for example, they may be in Florida.  Strong demand may be stabilizing the average sales price of home in foreclosure, too, which was up 1% from the previous quarter and down just 3% for the third quarter in 2010. The reported average discount for foreclosed properties relative to regular homes was 34% &#8212; but I wouldn&#8217;t read too much into these numbers because they are not quality adjusted.  Still, declining mortgage delinquencies and strong demand for foreclosure product could mean that the end may soon be here for the foreclosure business — and what&#8217;s lurking in the shadows.&#8221;</p>
<h4>Income up, spending down</h4>
<p>The Commerce Department said today that spending was the weakest since June and followed a 0.1% gain in November.  Economists polled by Reuters had expected spending, which accounts for more than two-thirds of US economic activity, to nudge up 0.1% last month. For all of 2011, spending rose 4.7%, the largest increase since 2007.  When adjusted for inflation, spending dipped 0.1%, breaking three straight months of gains. It increased 0.1% in November.  The government reported on Friday that consumer spending<strong> </strong>grew at a 2.0% annual pace in the fourth quarter, helping to lift gross domestic product<strong> </strong>2.8% — acceleration from the third-quarter&#8217;s 1.8% rate.  Part of the spending, which has been concentrated in motor vehicles, has been funded from savings and credit cards as high unemployment<strong> </strong>constrains wage growth.</p>
<p>Wages rose last month, helping to prop-up incomes. Income advanced 0.5%, the largest gain since a matching increase in March, and followed a 0.1% rise in November. Economists had expected income to rise 0.4%.  Consumer spending is closely watched because it accounts for 70% of economic activity.  Unemployment<strong> </strong>stands at 8.5% — its lowest level in nearly three years after a sixth straight month of solid hiring.  For the final three months of 2011, Americans spent more on vehicles, and companies restocked their supplies at a robust pace.  Still, overall growth last quarter — and for all of last year — was slowed by the sharpest cuts in annual government spending in four decades. And many people are reluctant to spend more or buy homes, and many employers remain hesitant to hire, even though job growth has strengthened.</p>
<h4>LPS &#8211; 2010-2011 originations good quality</h4>
<p>The December Mortgage Monitor report released by Lender Processing Services shows mortgage originations continued their decline from 2011’s September peak, down 10.1% from the month before. At the same time, those loans originated over the last two years have proven to be some of the best quality originations on record. Likely a result of tighter lending requirements, 2010-11 vintage originations showed 90-day default rates below those of all other years, going back to 2005. December origination data also shows that recent prepayment activity – a key indicator of mortgage refinances – has remained strong, with 2008-09 originations, high credit score borrowers and government-backed loans having benefited the most from recent, historically low interest rates.</p>
<p>Looking at judicial vs. non-judicial foreclosure states, LPS found that half of all loans in foreclosure in judicial states have not made a payment in more than two years. Foreclosure sale rates in non-judicial states stood at approximately four times that of judicial foreclosure states in December. Still, on average, pipeline ratios (the time it would take to clear through the inventory of loans either seriously delinquent or in foreclosure at the current rate of foreclosure sales) have declined significantly from earlier this year.</p>
<p>The December mortgage performance data also showed that foreclosure starts continued to decline, remaining at multi-year lows as of the end of 2011; down 3.7% for the month, and nearly 40% for the year.  As reported in LPS&#8217; First Look release, other key results from LPS&#8217; latest Mortgage Monitor report include:</p>
<h4>Total US loan delinquency rate:  8.15%</h4>
<p>​Month-over-month change in delinquency rate:  0.0%</p>
<p>​Total U.S foreclosure pre-sale inventory rate:  ​4.11%</p>
<p>​Month-over-month change in foreclosure pre-sale inventory:  -1.3%</p>
<p>​States with highest percentage of non-current loans:  FL, MS, NV, NJ, IL</p>
<p>​States with the lowest percentage of non-current loans:  MT, WY, SD, AK, ND</p>
<p>Big banks hedge against EU</p>
<p>Five large American banks, including JPMorgan Chase and Goldman Sachs, have more than $80 billion of exposure to Italy, Spain, Portugal, Ireland and Greece, the most economically stressed nations in the euro currency zone, according to a New York Times analysis of the banks’ financial disclosures.  But these banks have made extensive use of a type of financial insurance, called credit default swaps, to help them offset any losses that might occur if defaults swamped the five troubled nations. Using these swaps, along with other measures, the five banks have cut their theoretical exposure to the troubled countries by $30 billion, to $50 billion. The analysis also shows that Citigroup has the greatest percentage of its exposure potentially protected at 47%, while Bank of America has bought the least protection at 12%.  Big banks have reduced their sovereign debt exposure, but they still have tens of billions of dollars of it.  Credit-default swaps have functioned well for big bankruptcies, but they were also a big source of systemic weakness in 2008, when the American International Group nearly collapsed because it could not make payments on its side of its swaps contracts. Some market participants now doubt they would work properly during periods of great financial instability.  “The likelihood of actually getting paid out from owning a credit default swap would be troubling to me if this were my hedge against a systemic shock — especially in a political environment unfriendly to more Wall Street bailouts,” Mark Spitznagel, chief investment officer at Universal Investments, a hedge fund, said through a spokesman.</p>
<h4>Olick &#8211; foreclosure pipeline swells</h4>
<p>&#8220;The number of new foreclosures in 2011 dropped nearly 40%, according to year-end numbers just released by Lender Processing Services (LPS); there is, however, little cause for celebration.  The fall is largely due to moratoria and process reviews stemming from the so-called &#8216;robo-signing&#8217; foreclosure paperwork scandal.  Mortgage delinquency rates were largely unchanged from last year, which means all that distress will be pushed forward to 2012 and beyond.  To give you an idea of just how much the &#8216;robo&#8217; scandal is toying with the numbers, LPS compared states that require foreclosures to go through the courts versus states that don’t (judicial versus non-judicial) and found the following:</p>
<p>- 50% of loans in foreclosure in judicial states have not made a payment in two years, as opposed to 28% in non-judicial states.</p>
<p>- Foreclosure sale rates in non-judicial states are about four times those in judicial states.</p>
<p>&#8216;Nationally, foreclosure pipelines remain at historic highs, but they are clearing at very different rates depending upon state procedures,&#8217; says Herb Blecher of LPS Applied Analytics.  With the nation essentially split between judicial and non-judicial foreclosure states, it’s safe to say the foreclosure crisis will linger longer than anyone expected, especially with negotiations for a settlement between big banks and state attorneys general hitting yet another roadblock.  California Attorney General Kamala Harris rejected the latest proposal this week, calling it inadequate.  &#8216;Our state has been clear about what any multistate settlement must contain: transparency, relief going to the most distressed homeowners, and meaningful enforcement that ensures accountability. At this point, this deal does not suffice for California,&#8217; she wrote in a statement.  Bank sources say that without California the value of the settlement would drop by billions and banks would still have major liability for foreclosure fraud. About one fifth of the nation&#8217;s foreclosures are in California.&#8221;</p>
<h4>Replacements to help drive economy</h4>
<p>Four years after the downturn began, the replacement cycle shows signs of kicking into a higher gear in the United States even among small businesses, and it could give an unexpected boost to growth and employment this year.  In the United States, large corporations have already dug into huge cash piles to upgrade plant and equipment, adding incrementally to an economy that grew by 2.8% in the fourth quarter.  Now small businesses, which drive about half of US economic growth and a big chunk of job creation, are increasing their spending on equipment, too, an important precursor to stronger hiring.  For the early signs of this small business revival, Ian Shepherdson, chief US economist at High Frequency Economics, points to two factors: access to credit has improved markedly as shown by a surge in banks&#8217; commercial and industrial lending, and an index of capital expenditure intentions, as measured by the National Federation of Independent Business (NFIB), is climbing. NFIB policy analyst Holly Wade said anecdotally she hears of more businesspeople talking of increasing their budgets.  &#8220;They have stretched out their machinery and equipment and would have normally invested in replacement, but they were waiting as long as possible. Now they are starting to see better sales and earnings, and they are more comfortable investing some of those dollars in capex,&#8221; she said.  &#8220;In the next three to six months, it wouldn&#8217;t be surprising to see the same rate of growth in capital outlays we have seen recently.&#8221;</p>
<h4>FHA &#8211; originations down, delinquencies up</h4>
<p>The serious delinquency rate for Federal Housing Administration (FHA) mortgages reached 9.6% in December, the highest level in more than two years, the Department of Housing and Urban Development (HUD) said.  More than 711,000 FHA-insured loans were seriously delinquent, up 18.9% from one year earlier, according to the HUD report. It&#8217;s also a 3.2% increase from the month before. The delinquency rate has been steadily increasing since passing 8.2% last summer.  Meanwhile, originations are down. In December, the FHA insured 93,700 mortgages, a nearly 30% decline from the 133,000 insured in December 2010.  In its fiscal year 2011, the FHA Mutual Mortgage Insurance Fund slipped to a 0.24% capital ratio from 0.5% the year prior. By law, the fund must remain above 2%.  FHA officials attempted to temper fears that the fund would need a bailout. An independent study done showed home prices would have to deteriorate significantly before an injection of tax dollars would be needed.</p>
<p>&#8220;It would take very significant declines in home prices in 2012 to create a situation where FHA would need additional support,&#8221; said FHA Acting Commissioner Carole Galante when the projections came out.  American Enterprise Institute Fellow Edward Pinto isn&#8217;t convinced. His study claimed that FHA is actually undercapitalized by as much as $53 billion using more traditional accounting rules.  The FHA put new guidelines in place this week that would tighten restrictions on lenders seeking approval to write FHA mortgages. Also, the changes would force more firms to buyback defaulted home loans and reduce seller concessions, which Pinto said would have the most impact, according to Pinto.  &#8220;We need to get back to where the mortgages themselves stand on their own regardless of what happens with house price inflation or deflation,&#8221; Pinto said.</p>
<h4>Bakersfield.com &#8211; no kudos for the POTUS</h4>
<p>President Obama&#8217;s announcement in last week&#8217;s State of the Union address that he has created a new unit to probe mortgage abuse earns no cheers from us. Instead, we are reminded how shamefully little has been done to address the housing crisis that continues to plague so many Americans.  The Making Home Affordable mortgage relief program has been an utter flop. An attempt by the Department of Justice to broker a multistate settlement with major banks over foreclosure abuses that would fund relief for struggling homeowners has gone nowhere. There have been no meaningful prosecutions, no significant relief for homeowners and few new fraud protections.  Now, what little break has been granted to troubled homeowners &#8212; in the form of tax relief on canceled mortgage debt &#8212; is due to expire at year&#8217;s end and too few seem aware of the looming deadline.</p>
<p>Normally, debt that is forgiven or canceled by a lender in a foreclosure or short sale must be included as income on tax returns and is taxable. However, the Mortgage Forgiveness Debt Relief Act of 2007 excluded the reporting of up to $1 million in canceled debt on a primary residence for tax purposes. But not for long.  Local real estate agents report no frenzy of calls or uptick in clients wanting to carry out short sales. Scott Tobias, president of the Bakersfield Association of Realtors, told The Californian last week that &#8220;I think, basically, homeowners don&#8217;t know about&#8221; the tax relief expiring on Dec. 31, 2012.  With nearly half of all Bakersfield mortgages underwater, it&#8217;s essential for people to know of the upcoming tax break expiration, especially considering that it can take months to close a short sale.  The housing market is nowhere near recovery; Congress ought to extend the tax relief. But no one should rely on Congress to act. It&#8217;s imperative for underwater homeowners to understand their options and be informed about the looming tax deadline.</p>
<p>See you at the top!<br />
Chris McLaughlin</p>
<p>**************</p>
<p>Copyright Loss Mitigation Institute LLC 2011.<br />
All Rights Reserved.</p>
<p>http://www.shortsalesriches.com</p>
<p>http://www.shortsalescoach.com</p>
<p>http://www.sixfigurebpo.com</p>
<p>http://www.reomillionaireclub.com</p>
<p>http://www.youtube.com/shortsalesriches</p>
<p>http://www.smartrealestatenews.com</p>
<p>(subscribe to this newsletter)</p>
<p>*************************************************</p>
<p>About the author:</p>
<p>Chris McLaughlin is widely known as America’s top<br />
Real Estate Attorney and Investment Consultant.</p>
<p>* As the top Florida foreclosure and pre-<br />
foreclosure expert, he oversees more than<br />
100 short sale &amp; REO closings each month</p>
<p>* Long-time authority on real estate investing<br />
and rapid reselling of distressed homes.  Owns<br />
portfolio of nearly 150 high-value, high-profit<br />
properties</p>
<p>* Owner of one of Florida&#8217;s largest Real Estate firms,<br />
running 4 different offices, supporting over<br />
420 agents, uniquely positioning him to help<br />
thousands of investors make money in the<br />
biggest market opportunity ever!</p>
<p>* In 2010, Chris&#8217; 4 Central Florida real estate offices<br />
closed 2,786 sides for a closed sales volume of<br />
$392,912,927!</p>
<p>* Highly sought-after speaker, consultant, and<br />
seminar leader for current trends and hot topics<br />
in Real Estate Investing, Entrepreneurship, and<br />
Wealth Building</p>
<p>* Follow me on Twitter: http://twitter.com/mclaughlinchris</p>
<p>* Join my Facebook Fan Page: http://www.mclaughlinchris.com</p>
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		<title>2012 to be the best year for short sales?</title>
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		<pubDate>Tue, 24 Jan 2012 20:31:05 +0000</pubDate>
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		<description><![CDATA[Smart Real Estate News &#38; Commentary by Chris McLaughlin January 24, 2012 Forward this e-mail to your friends! Then they can subscribe directly at the following link: http://www.smartrealestatenews.com/ *** Join Chris’ Facebook Fan Page&#8211;&#62; http://www.mclaughlinchris.com *** Follow Chris on Twitter&#8211;&#62; http://www.twitter.com/mclaughlinchris ************************************************************ 2012 to be the best year for short sales? The Mortgage Debt Forgiveness [...]]]></description>
			<content:encoded><![CDATA[<p>Smart Real Estate News &amp; Commentary by Chris McLaughlin January 24, 2012</p>
<p>Forward this e-mail to your friends!</p>
<p>Then they can subscribe directly at the following link:</p>
<p>http://www.smartrealestatenews.com/</p>
<p>*** Join Chris’ Facebook Fan Page&#8211;&gt;</p>
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<h3>2012 to be the best year for short sales?</h3>
<p>The Mortgage Debt Forgiveness Act of 2007 allows an income tax exemption for a homeowner whose mortgage debt is partly or entirely forgiven by a bank.  It&#8217;s set to expire Dec. 31, 2012.  Matt Alegi, a partner with the Potomac law firm Shulman Rogers and chair of the firm&#8217;s residential real estate practice group, says the tax break has meant a savings in the tens of thousands of dollars for individuals.  Typically, if someone were to have $150,000 forgiven by the bank, Alegi says, &#8220;you just made another $150,000 of income for tax purposes in that year.&#8221;  So, say someone makes $50,000 but had $150,000 forgiven by the bank. That person is now paying taxes on a $200,000 income, and included in a much higher tax bracket.  The loss of the relief will plunge homeowners further into debt, Alegi says.</p>
<p>He also thinks the expiration of the Debt Forgiveness Act will have an impact on short sales themselves. Homeowners could try to push the short sale through this year to take advantage of the tax break.  Alegi believes there will be strong lobbying to extend the tax break. If it isn&#8217;t extended, the appeal of a short sale could greatly diminish for the homeowner.  To take advantage of the Debt Relief Act, you need to fall under very specific guidelines outlined by the IRS.  For example, the debt forgiven is only for primary residences and the debt must have been used to buy, build or substantially improve your principal residence and be secured by that residence.  Alegi says homeowners who spent the forgiven money on education or other bills do not qualify.</p>
<h4>Gridlock an Obama strategy?</h4>
<p>When President Obama outlines his goals for 2012 during Tuesday’s State of the Union address, he shouldn’t expect a lot of cooperation from Republicans, senate Minority Leader Mitch McConnell (R-Ky.) said yesterday.  “With the Obama economy established now…unemployment is still at 8 ½%,” McConnell said. “It didn’t work, and we’re not interested in doing more of the things that don’t work.”  He said Obama was “AWOL” last year on his bus tour<strong> </strong>when Republicans wanted to tackle tax reform and entitlements, and he expects more of the same this year.   “He was not involved whatsoever,” McConnell said. “So I’m not optimistic, frankly, that in an election year that he’s likely to be any more engaged than he was last year.”  What’s more, he thinks the logjam in the nation’s capital is part of Obama’s agenda.  “That’s his strategy…to demonize Congress, to complain because he can’t continue to get everything he wants, like he did the first two years,” he said. “It’s all about his re-election and not about the country.”  One thing that McConnell thinks will get done is the payroll tax cut extension, which was extended for only two months in December when Congress couldn’t come to an agreement.  “We’ll be back at trying to figure out how to do that for the balance of the year and how to pay for it,” he said. “We don’t want to add to the deficit.”</p>
<h4>What the $25 billion bank deal means</h4>
<p>According to an Associated Press report, five major banks &#8212; Bank of America, JPMorgan Chase, Wells Fargo, Citibank and Ally Financial &#8212; and US state attorneys general could adopt the agreement within weeks. It&#8217;s expected President Barack Obama will mention new developments in the negotiations in his State of the Union address today.  A settlement between the banks and the states doesn&#8217;t mean homeowners who lost their homes to foreclosure will get them back. In fact, they&#8217;re unlikely to benefit much at all financially, though the total financial settlement could be as high as $25 billion.  What&#8217;s worse is the settlement does not apply to loans held by Fannie Mae or Freddie Mac. Since Fannie and Freddie own about half of all US mortgages &#8211; or 31 million US home loans &#8211; that means a lot of homeowners who have been hurt by the banks&#8217; deceptive foreclosure practices won&#8217;t be getting much-needed assistance.  Nearly 11 million people &#8211; one in four homeowners &#8211; owe more than their home is worth. According to current guidelines, these underwater homeowners have few options and little chance at refinancing.  Here&#8217;s how the settlement could shape up:</p>
<p>-  $17 billion would go toward reducing the principal balance struggling homeowners owe on their mortgages.</p>
<p>-  $5 billion would be put into a reserve account for various state and federal programs. A portion of this money would cover the $1,800 checks that would be sent to homeowners affected by deceptive practices. Only about 750,000 Americans, or half of the households who might be eligible for assistance under the deal, will likely receive checks.</p>
<p>-  About $3 billion would be used to help homeowners refinance at 5.25%, far below current mortgage interest rates.</p>
<p>If the proposed settlement terms are accepted, roughly 1 million of these homeowners could see the principal amount of their mortgages reduced by an average of $20,000. That&#8217;s good news for some, but bad news for the other 10 million homeowners who would like to claim a principal reduction but won&#8217;t qualify.  The better news is this settlement has the potential to reshape long-standing lending guidelines and make things easier for at-risk and underwater homeowners across the board. But critics say it doesn&#8217;t do enough. Sen. Sherrod Brown (D-Ohio) tells the Associated Press: &#8220;Wall Street is again trying to pass the buck. Instead of criminal prosecutions, we&#8217;re talking about something that&#8217;s not more than a slap on the wrist.&#8221;  Some states have disagreed over what to offer banks, with states like New York, Delaware, Nevada and Massachusetts arguing banks should not be &#8220;protected from future civil liability.&#8221; The deal will not fully release banks from future criminal lawsuits by individual states, and a few of those states&#8217; attorneys general have already promised to pursue their own investigations.  Bank officials have argued few, if any, foreclosures wrongfully took place as a result of documentation issues. Ally Financial CEO Michael Carpenter has been among the most vocal, claiming the company found no instances of wrongful foreclosure after its own internal audit. Carpenter has said he will fight the government in court if need be.</p>
<h4>US Treasurys edge higher after Greek setback</h4>
<p>US Treasurys edged higher today, after euro zone finance ministers rejected an offer by private creditors to restructure Greek debt, keeping alive fears of a default.  Benchmark 10-year note&#8217;s<strong> </strong>yield was at 2.06%, compared with 2.058% in late US trade on Monday. The yield rose as high as 2.094% on Friday, its highest since early December. The 30-year bond yield was at 3.14%.  Demand for safe-haven US debt was further boosted after a report rekindled fears that Portugal, seen as the second most risky country in the euro zone, could be the next potential default candidate after Greece.  Further dousing optimism, Germany denied a report that it was ready to boost the combined firepower of the euro zone&#8217;s rescue funds to 750 billion euros ($979 billion).  During its two-day policy meeting starting on Tuesday the Federal Reserve is expected to push out expectations on when it will next raise interest rates until at least 2014, and the meeting will also be closely watched for any hints of new QE, which analysts expect would focus on mortgage-backed bonds.  The Treasury Department will sell four-week bills and two-year notes later in the day. The Treasury will sell a total of $99 billion in new two-year, five-year, and seven-year notes this week.</p>
<h4>Mortgage writedowns to cost taxpayers $100 billion</h4>
<p>Forgiving mortgage debt on Fannie Mae and Freddie Mac loans would cost the taxpayer-funded companies almost $100 billion, their regulator said.   The Federal Housing Finance Agency (FHFA) said that as of June 30, the companies guaranteed nearly 3 million mortgages on single- family homes that are underwater, or worth less than the loans they secure.  &#8220;FHFA estimates that principal forgiveness for all of these mortgages would require funding of almost $100 billion,&#8221; FHFA Acting Director Edward J. DeMarco said in a Jan. 20 letter to Representative Elijah Cummings, a Maryland Democrat who had threatened to subpoena the information. The FHFA posted the letter on its website today.  Nearly 80% of the Fannie Mae and Freddie Mac borrowers with negative equity were current on their payments, DeMarco said.</p>
<p>DeMarco, whose agency was created by Congress to minimize losses at Fannie Mae and Freddie Mac and is independent of President Barack Obama&#8217;s administration, has maintained that principal forgiveness would increase the size of the government&#8217;s bailout of the companies, which have cost taxpayers more than $153 billion since they were taken under government control in 2008.  The agency compared the cost of principal forgiveness to the companies&#8217; current practice of forbearance, which allows delinquent borrowers to defer payments.  &#8220;Given that any money spent on this endeavor would ultimately come from taxpayers and given that our analysis does not indicate a preservation of assets for Fannie Mae and Freddie Mac (FMCC) substantial enough to offset costs, an expenditure of this nature at this time would, in my judgment, require congressional action,&#8221; he said.</p>
<h4>WSJ &#8211; EU tries to revive Greek talks</h4>
<p>European Union finance ministers today piled pressure on Greece and its private-sector creditors to do more to ensure that a proposed deal to restructure Greece&#8217;s private-sector debt will be enough to put the country back on a firm fiscal footing.  The International Monetary Fund (IMF) and the euro zone&#8217;s four triple-A-rated countries-—Germany, the Netherlands, Finland and Luxembourg—are pushing for a low average interest rate on new bonds to be issued as part of the restructuring, in order to ensure the government can pay its debts in the future.  But as they were heading to a meeting Tuesday, EU finance ministers also urged Greece to implement tough austerity and structural reforms and provide more written assurances to its partners that it would commit to its pledges before further aid can be released.  Austrian Finance Minister Maria Fekter said she&#8217;s &#8220;not pleased&#8221; with progress so far. &#8220;We&#8217;re sending a very direct message to Greece that the community expects more, also in terms of structural reform,&#8221; she told reporters. &#8220;We&#8217;re not pleased and only when there&#8217;s a written message on the table in front of us, can further assistance be discussed.&#8221;</p>
<p>Greece&#8217;s debt restructuring is planned to take the form of a bond exchange in which creditors holding some €200 billion ($260.32 billion) in debt would swap their securities for new instruments with half the face value. The key sticking point is how much interest the new bonds should pay.  The restructuring is part and parcel of the second bailout program for Greece amounting to €130 billion. Without this loan, Greece will default on a €14.4 billion bond maturing March 20.  But talks in Athens with the Institute of International Finance, which represents the majority of Greece&#8217;s private-sector creditors, have dragged on for three weeks and stalled over the weekend. Private-sector creditors said in a final offer that they won&#8217;t accept an average interest rate of less than 4%.  The IMF voiced concerns yesterday that the deal being discussed by Greece and the creditors would leave the country with a higher-than-expected debt burden in the years ahead, people familiar with the matter said.  That sets up a difficult choice: press bondholders to accept more losses, or accept that Greece&#8217;s peers and the IMF will have to kick in more support.</p>
<h4>Olick &#8211; foreclosure investors a double edged sword</h4>
<p>&#8220;The best and most expeditious way to clear the vast inventory of foreclosed properties weighing down today’s housing market is to get more investors in and sell them these properties at bulk discounts.  That’s what the Obama administration and Federal regulators are currently considering<strong> </strong>for the thousands of homes currently owned by Fannie Mae, Freddie Mac and the FHA.  While big private equity funds<strong> </strong>are still largely in a very tedious deal-making stage with banks or waiting on the sidelines for a government program, smaller individual investors are getting in. Nearly 23% of home purchases in December were by investors, according to a new survey from Campbell/Inside Mortgage Finance. That is a slight increase from November, but the share has remained largely unchanged for the past year.  What has changed dramatically is how many of these investors are using all-cash…74% according to the survey, which also found that, &#8216;cash buyers are able to bid significantly lower—and successfully—on many properties because they offer a shorter and more reliable closing timeline.&#8217; That is precisely what mortgage servicers want.</p>
<p>&#8216;While investor bids may not be the first offers accepted, they often end up winning properties after other homebuyers are eliminated because of mortgage approval or timeline problems,&#8217; according to the survey authors. &#8216;Appraisals below the contracted price are a common reason for mortgage denials. Most mortgage financing timelines are now in excess of 30 days.&#8217;  There has been a lot of concern among industry analysts that bulk foreclosure sales would push home prices down further, but it appears that is already happening, as investors usually offer 10-20% below list price, while first time home buyers and current homeowners are generally offering list. If the offers are competitive, cash will prevail.&#8221;</p>
<p>See you at the top!<br />
Chris McLaughlin</p>
<p>**************</p>
<p>Copyright Loss Mitigation Institute LLC 2011.<br />
All Rights Reserved.</p>
<p>http://www.shortsalesriches.com</p>
<p>http://www.shortsalescoach.com</p>
<p>http://www.sixfigurebpo.com</p>
<p>http://www.reomillionaireclub.com</p>
<p>http://www.youtube.com/shortsalesriches</p>
<p>http://www.smartrealestatenews.com</p>
<p>(subscribe to this newsletter)</p>
<p>*************************************************</p>
<p>About the author:<br />
Chris McLaughlin is widely known as America’s top<br />
Real Estate Attorney and Investment Consultant.</p>
<p>* As the top Florida foreclosure and pre-<br />
foreclosure expert, he oversees more than<br />
100 short sale &amp; REO closings each month</p>
<p>* Long-time authority on real estate investing<br />
and rapid reselling of distressed homes.  Owns<br />
portfolio of nearly 150 high-value, high-profit<br />
properties</p>
<p>* Owner of one of Florida&#8217;s largest Real Estate firms,<br />
running 4 different offices, supporting over<br />
420 agents, uniquely positioning him to help<br />
thousands of investors make money in the<br />
biggest market opportunity ever!</p>
<p>* In 2010, Chris&#8217; 4 Central Florida real estate offices<br />
closed 2,786 sides for a closed sales volume of<br />
$392,912,927!</p>
<p>* Highly sought-after speaker, consultant, and<br />
seminar leader for current trends and hot topics<br />
in Real Estate Investing, Entrepreneurship, and<br />
Wealth Building</p>
<p>* Follow me on Twitter: http://twitter.com/mclaughlinchris<br />
* Join my Facebook Fan Page: http://www.mclaughlinchris.com</p>
]]></content:encoded>
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		<title>Foreclosures at 49 month low in December</title>
		<link>http://shortsalesriches.com/blog/foreclosures-at-49-month-low-in-december</link>
		<comments>http://shortsalesriches.com/blog/foreclosures-at-49-month-low-in-december#comments</comments>
		<pubDate>Thu, 19 Jan 2012 20:25:12 +0000</pubDate>
		<dc:creator>admin</dc:creator>
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		<description><![CDATA[Smart Real Estate News &#38; Commentary by Chris McLaughlin January 19, 2012 Forward this e-mail to your friends! Then they can subscribe directly at the following link: http://www.smartrealestatenews.com/ *** Join Chris’ Facebook Fan Page&#8211;&#62; http://www.mclaughlinchris.com *** Follow Chris on Twitter&#8211;&#62; http://www.twitter.com/mclaughlinchris ************************************************************ Foreclosures at 49 month low in December An annual report of foreclosure activity [...]]]></description>
			<content:encoded><![CDATA[<p>Smart Real Estate News &amp; Commentary by Chris McLaughlin January 19, 2012</p>
<p>Forward this e-mail to your friends!</p>
<p>Then they can subscribe directly at the following link:</p>
<p>http://www.smartrealestatenews.com/</p>
<p>*** Join Chris’ Facebook Fan Page&#8211;&gt;</p>
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<p>*** Follow Chris on Twitter&#8211;&gt;</p>
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<h3>Foreclosures at 49 month low in December</h3>
<p>An annual report of foreclosure activity in the US found the number of properties subject to default notices, scheduled auctions or bank repossessions in 2011 dropped 34% from the previous year, according to a RealtyTrac report released today. In addition to the overall decline in foreclosures, the report found that December activity was at the lowest level since August 2007. However, the report cautions 2012 could likely see an upswing in activity.  For the fifth straight year, Nevada recorded the most foreclosure activity of any state in the nation. While 1.45% of housing units nationwide had at least one foreclosure filing in 2011, the Nevada rate was 6%. That translates into foreclosure filings for 1 in 16 housing units in the state.  Despite having the distinction of the country&#8217;s highest foreclosure rate, the situation in Nevada has improved significantly from years past. Foreclosure activity in 2011 was down 31% from that of 2010. Default notice filings dropped 70% in the fourth quarter compared to the third quarter. However, that decrease may be largely attributed to a change in Nevada state law that requires an additional affidavit before beginning the foreclosure process.</p>
<p>Other states with an above-average percentage of homes with at least one foreclosure filing in 2011 represent almost every region except New England:</p>
<p>-  Arizona &#8211; 4.14%</p>
<p>-  California &#8211; 3.19%</p>
<p>-  Georgia &#8211; 2.71%</p>
<p>-  Michigan &#8211; 2.21%</p>
<p>-  Florida &#8211; 2.06%</p>
<p>-  Illinois &#8211; 1.95%</p>
<p>-  Colorado &#8211; 1.78%</p>
<p>-  Idaho &#8211; 1.77%</p>
<h4>BOA rebounds</h4>
<p>Bank of America (BOA) matched profit expectations and exceeded revenue estimates for quarterly earnings, sending shares that had been trading below $5 just a month ago spiking higher in premarket trading.  BOA posted fourth-quarter earnings excluding items of 15 cents per share,<strong> </strong>up from 4 cents in the year-earlier period.  Net income was $2 billion, compared to a loss of $1.2 billion in the same period a year ago.  Analysts had expected the company to report earnings excluding items of 15 cents.  After the earnings announcement, the company&#8217;s shares jumped 6.4<strong>%</strong> in pre-market trading.  After struggling along the way to deal with regulatory requirements and blowback from the European debt crisis, BOA posted a full-year profit of $1.4 billion against a loss of $2.2 billion in 2010.  The company has been busy shedding non-care assets, moves that resulted in a 43% cut in credit losses and $34 billion in proceeds.  In particular, BOA said it made $2 billion in the fourth quarter by selling its stake in a Chinese bank and selling debt. That offset losses and higher legal expenses in its mortgage business.</p>
<h4>A million homeowners may get writedowns</h4>
<p>About one million American homeowners would get writedowns in the size of their mortgages under a proposed deal with banks over shady foreclosure practices, US Housing and Urban Development Secretary Shaun Donovan said yesterday.  The deal, which could be struck within weeks, would mark the largest cut in the mortgage load since the start of the credit crisis.  &#8220;We&#8217;re very close to a settlement that would both fix the servicing problems, but also help over a million families around the country stay in their homes and get help,&#8221; Donovan said at a US Conference of Mayors meeting in Washington.  Talks involving federal officials, state attorneys general and major banks to resolve allegations of &#8220;robo-signing&#8221; and other misconduct in foreclosures have dragged into their second year.  Donovan&#8217;s announcement came the same day that two big regional US banks disclosed they had set aside funds related to mortgage servicing matters, a sign that lenders beyond the five largest mortgage servicers may join the expected settlement.  In exchange for between $20 billion to $25 billion in relief to distressed homeowners, the banks — Bank of America, Wells Fargo, JPMorgan Chase, Citigroup and Ally Financial — will put behind them potential government lawsuits about improper foreclosures and abuses in originating and servicing the loans.  Using Donovan&#8217;s estimate, the settlement could provide roughly a $20,000 reduction each for the one million borrowers.</p>
<h4>Unemployment down</h4>
<p>The number of people seeking unemployment benefits plummeted last week to 352,000, the fewest since April 2008. The decline added to evidence that the job market is strengthening.  Weekly applications fell 50,000, the biggest drop in the seasonally adjusted figure in more than six years, the Labor Department said Thursday. The four-week average, which smooths out fluctuations, dropped to 379,000. That&#8217;s the second-lowest such figure in more than three years.  A department spokesman cautioned that volatility at this time of year is common. Applications had jumped two weeks ago, largely because companies laid off thousands of temporary workers hired for the holidays.  When weekly applications fall consistently below 375,000, it usually signals that hiring is strong enough to push down the unemployment rate.</p>
<p>Hiring improved in the second half of 2011. In December, employers added 200,000 jobs. That marked the sixth straight month in which the economy added at least 100,000 jobs. And the unemployment rate fell to 8.5%, a three-year low.  For all of 2011, the economy added 1.6 million jobs. That was up sharply from 940,000 in 2010. Economists say they expect roughly 1.9 million more jobs to be added this year, according to a survey by The Associated Press.   Still, the job market has a long way to go before it fully recovers from the damage of the Great Recession, which wiped out 8.7 million jobs. More than 13 million people remain unemployed. Millions more have given up looking for work and so are no longer counted as unemployed.  The manufacturing sector remains a bright spot. Factory output jumped 0.9% in December, the Federal Reserve said this week. That was the sharpest monthly gain in a year. Manufacturing gained 225,000 jobs last year, the most since 1997.  The economy likely grew at an annual rate of about 3% in the final three months of last year, economists estimate.  That would be a sharp improvement over the 1.8% annual growth rate in the July-September quarter. Rising consumer spending is thought to be fueling much of the gain in the current quarter.  Even so, economists worry that growth could slow in the first half of 2012. Europe is almost certain to fall into recession because of its financial troubles. And wages failed to keep pace with inflation last year. Without more jobs and higher pay, consumers might have to cut back on spending. That would weigh down growth next year. Consumer spending accounts for about 70% of the economy.</p>
<h4>Olick &#8211; do apartments face a bubble?</h4>
<p>&#8220;A huge surge in rental demand and comparatively little apartment supply created a boom in multi-family construction in the last year, but with the single family housing market slowly beginning to show signs of life, the concern among banks and investors is that all that supply will hit the market just as rental demand drops off.  Based on preliminary estimates of Q4 &#8217;11 activity, multi-family loan origination volume increased to $82 billion in 2011, up from $50 billion in 2010, according to Chandan Economics. Understandably, some lenders and investors are starting to ask questions.  &#8216;While 2012 should be another good year for apartment REITs, there is concern amongst some investors and managements that market expectations may be hard to beat,&#8217; say analysts at Sandler O&#8217;Neill. &#8216;Based on discussions with managements, revenue growth should match sentiment but expense growth may be the wildcard.&#8217;</p>
<p>Rents have been rising steadily as apartment vacancies drop and &#8217;rental nation&#8217; pervades consumer sentiment, but 2012 will likely not see as robust rent growth as 2011; housing affordability continues to improve and renting is becoming ever more expensive than owning.  &#8216;A stretched consumer is beginning to push back harder against rental increases, and new supply and a slowly healing single-family market will begin to equalize what has been a lopsided, renter-dominated housing market for over 5 years,&#8217; say analysts at Green Street Advisors.  Mortgage applications surged 23% last week, according to the Mortgage Bankers association, although most of that was refinances. Another positive came from the NAHB&#8217;s home builder sentiment index, which saw big gains in builder confidence, citing improved sales and buyer traffic. So is there real cause for concern about apartment demand?  &#8216;Only in some markets,&#8217; says Sam Chandan of Chandan Economics. &#8216;Austin is a case in point. The supply response has been unusually strong there. Apart from specific cases like that, we do not anticipate a strong reversal in the rental bias until jobs accelerate markedly.&#8217;</p>
<p>Since 2004, when homeownership rates peaked, the population of 20-34-year-olds grew by 2.8 million, according to researchers at CoStar Group, a commercial real estate information company. But the number of households shrunk by 300,000. In other words, younger Americans were doubling up with roommates or moving back in with their parents.  &#8216;This suggests big pent up demand &#8211; as much as 1.4 million new households within this prime renting cohort,&#8217; says CoStar&#8217;s Suzanne Mulvee.  We also have to remember that many Americans now have either damaged credit or not enough of a downpayment to qualify for today&#8217;s low interest rate mortgages. That could keep them as renters for many more years, as credit standards aren&#8217;t likely to loosen any time soon.  Pent-up demand will, like everything else in real estate, vary from market to market. In Washington, DC, for example, investors in multi-family are still very bullish, as home prices are strengthening and apartment supply is still limited. In other areas, like Las Vegas, where distressed homes are selling at big discounts, rental demand may wane more quickly for apartments, as those unwilling to buy choose to rent single family homes.  Another headwind to the multi-family sector could be more investors buying foreclosed single-family homes in bulk to rent. With federal regulators and the Obama administration seriously considering a program to sell bulk foreclosures owned by Fannie Mae and Freddie Mac, there could suddenly be a large supply of single family rentals competing against multi-family buildings. Again, that would largely be in the sand states, as there are far fewer foreclosed homes in major cities where apartments are and will likely continue to see big gains.&#8221;</p>
<p>See you at the top!<br />
Chris McLaughlin</p>
<p>**************</p>
<p>Copyright Loss Mitigation Institute LLC 2011.<br />
All Rights Reserved.</p>
<p>http://www.shortsalesriches.com</p>
<p>http://www.shortsalescoach.com</p>
<p>http://www.sixfigurebpo.com</p>
<p>http://www.reomillionaireclub.com</p>
<p>http://www.youtube.com/shortsalesriches</p>
<p>http://www.smartrealestatenews.com</p>
<p>(subscribe to this newsletter)</p>
<p>*************************************************</p>
<p>About the author:<br />
Chris McLaughlin is widely known as America’s top<br />
Real Estate Attorney and Investment Consultant.</p>
<p>* As the top Florida foreclosure and pre-<br />
foreclosure expert, he oversees more than<br />
100 short sale &amp; REO closings each month</p>
<p>* Long-time authority on real estate investing<br />
and rapid reselling of distressed homes.  Owns<br />
portfolio of nearly 150 high-value, high-profit<br />
properties</p>
<p>* Owner of one of Florida&#8217;s largest Real Estate firms,<br />
running 4 different offices, supporting over<br />
420 agents, uniquely positioning him to help<br />
thousands of investors make money in the<br />
biggest market opportunity ever!</p>
<p>* In 2010, Chris&#8217; 4 Central Florida real estate offices<br />
closed 2,786 sides for a closed sales volume of<br />
$392,912,927!</p>
<p>* Highly sought-after speaker, consultant, and<br />
seminar leader for current trends and hot topics<br />
in Real Estate Investing, Entrepreneurship, and<br />
Wealth Building</p>
<p>* Follow me on Twitter: http://twitter.com/mclaughlinchris</p>
<p>* Join my Facebook Fan Page: http://www.mclaughlinchris.com</p>
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		<title>Orlando short sales 12% higher price</title>
		<link>http://shortsalesriches.com/blog/orlando-short-sales-12-higher-price</link>
		<comments>http://shortsalesriches.com/blog/orlando-short-sales-12-higher-price#comments</comments>
		<pubDate>Tue, 17 Jan 2012 18:58:05 +0000</pubDate>
		<dc:creator>admin</dc:creator>
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		<guid isPermaLink="false">http://shortsalesriches.com/blog/?p=2339</guid>
		<description><![CDATA[Smart Real Estate News &#38; Commentary by Chris McLaughlin January 17, 2012 Forward this e-mail to your friends! Then they can subscribe directly at the following link: http://www.smartrealestatenews.com/ *** Join Chris’ Facebook Fan Page&#8211;&#62; http://www.mclaughlinchris.com *** Follow Chris on Twitter&#8211;&#62; http://www.twitter.com/mclaughlinchris ************************************************************ Orlando short sales 12% higher price The median price of homes sold in [...]]]></description>
			<content:encoded><![CDATA[<p>Smart Real Estate News &amp; Commentary by Chris McLaughlin January 17, 2012</p>
<p>Forward this e-mail to your friends!<br />
Then they can subscribe directly at the following link:</p>
<p>http://www.smartrealestatenews.com/</p>
<p>*** Join Chris’ Facebook Fan Page&#8211;&gt;</p>
<p>http://www.mclaughlinchris.com</p>
<p>*** Follow Chris on Twitter&#8211;&gt;</p>
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<p>************************************************************</p>
<h3>Orlando short sales 12% higher price</h3>
<p>The median price of homes sold in Orlando during December 2011 ($118,000) was 12.38 percent higher than the median price in December 2010 ($105,000). During 2011, Orlando&#8217;s median price climbed 24.34 percent from a low of $94,900 in January to a high of $118,000 in December.  The median price of &#8220;normal&#8221; sales that closed in December 2011 was $159,900 (representing a decrease of 0.06 percent compared to December 2010). The median price for short sales in December 2011 was $105,000 (an increase of 10.53 percent compared to December 2010), and the median price for bank-owned sales in December was $80,000 (an increase of 6.67 percent compared to December 2010).  Orlando Regional Realtor Association (ORRA) members participated in 13.86 percent less home sales in December of this year than in December of 2010: 2,125 and 2,467, respectively.  At year&#8217;s end, the number of sales for all of 2011 (27,703) was 3.48 less than in all of 2010 (28,701).</p>
<p>In month-over-month comparisons, sales of foreclosed homes declined 56.29 percent in December 2011 compared to December 2010. Short sales and &#8220;normal&#8221; sales both increased (by 24.41 percent and 14.15 percent, respectively) in December 2011 compared to December 2010.  Normal sales (871) accounted for 40.99 percent of all transactions in December 2011, while short sales (785) accounted for 36.94 percent and bank-owned sales (469) made up the remaining 22.07.  The Orlando average interest has dropped to a new low once again. Buyers who purchased an Orlando area home in December paid an average interest rate of 3.99 percent, which is the lowest since the ORRA began tracking the statistic in January of 1995.  Homes of all types spent an average of 103 days on the market before coming under contract in December 2011, and the average home sold for 92.40 percent of its listing price. In December 2010 those numbers were 97 days and 94.45 percent, respectively.</p>
<h4>New York&#8217;s factory index up</h4>
<p>The New York Fed&#8217;s &#8220;Empire State&#8221; general business conditions index rose to 13.48 from a revised 8.19 in December, topping economists&#8217; expectations of 11.0. It was the highest level since April 2011.  New orders climbed to 13.70 from a revised 5.99, while inventories also gained to 6.59 from minus 3.49.  The survey of manufacturing plants in the state is one of the earliest monthly guideposts to U.S. factory conditions.  Employment gauges showed strength. The index for the number of employees rose to 12.09 from 2.33 and the average employee workweek index climbed to 6.59 from minus 2.33.  Manufacturers were also more optimistic about their outlook with the index of business conditions six months ahead rising to its highest level since last January at 54.87 from 45.61.</p>
<h4>More failed HAMP trials</h4>
<p>Mortgage servicers are putting more failed Home Affordable Modification Program (HAMP) trials through foreclosure than they were one year ago.  According to Treasury Department data released last week, 10.6% of the more that 615,000 canceled HAMP trials completed the foreclosure process as of Nov. 1. That&#8217;s more than double the 4.4% of failed HAMP trials foreclosed on as of November 2010.  While foreclosures are increasing, alternative modifications on these loans are dropping. Of the canceled HAMP trials, 39.7% went through the bank&#8217;s own private programs, down from 45.4% over the same time period, according to Treasury data.  Foreclosure completions as a percentage of borrowers never accepted into HAMP trials are lower but still increasing as well. Of the 1.8 million borrowers denied a HAMP trial, 7.6% completed the foreclosure process as of Nov. 1, up from 5% one year before.  Roughly 26.5% of these borrowers received alternative modifications, which held flat over the last year.</p>
<p>The increase in more foreclosure completions on failed HAMP trials occurred at nearly every large servicing shop participating in the program. Citigroup saw the highest jump. Of the 71,808 HAMP trials it canceled, roughly 13.5% completed the foreclosure process as of Nov. 1, up from 3.1% one year ago.  At Ally Financial, the percentage increased to 12.8% from 6.4% over the same period. At JPMorgan Chase, the increase went to 11.3% from 6.2%. And at Bank of America, the largest servicer in the program, 9.3% of failed HAMP trials went through foreclosure compared to just 1.9% the year before.  The highest percentage is currently held by OneWest Bank. It foreclosed on more than 19% of its roughly 20,000 failed HAMP trials, up from 10% last year.  Interestingly, Wells Fargo has one of the lowest percentages of completed foreclosures on these mods at 6.7%, almost the exact same percentage one year before.</p>
<p>According to the Office of the Comptroller of the Currency, 17% of the 108,000 HAMP modifications began in the second quarter of 2010 went 60 or more days delinquent within one year. That&#8217;s compared to a 31% redefault rate for other private programs.  D. Corwyn Jackson, whose company The Corwyn Group helps to train housing counselors for foreclosure prevention, said servicers are getting mixed signals from the government-sponsored enterprises Fannie Mae, which administers HAMP, Freddie Mac and other stakeholders across the country.  &#8220;The servicers are mandated to stick to the agreed upon foreclosure time lines by state,&#8221; Jackson said. &#8220;But other stakeholders such as nonprofit housing counseling agencies across the nation are requesting servicers during the negotiation to exhaust their loan workout options before starting the foreclosure process.&#8221;</p>
<p>The GSEs charge servicers for taking too long to complete the foreclosure process under specific, state-by-state guidelines. Servicers are expected to still consider the borrower for the GSE programs, but time is of the essence. BofA, for example had to pay Fannie and Freddie $1.3 billion in foreclosure delay penalties in the first nine months of 2011.  GSE policies and the failed HAMP trial foreclosure rates is beginning to show in the overall economy. Over the same time period covered by the Treasury data, the shadow inventory of homes in foreclosure or on the verge it has been declining. According to CoreLogic, roughly 1.6 million homes sit in this inventory, down from 2.1 million in November 2010.</p>
<h4>DOJ steps up ratings probe</h4>
<p>The Justice Department (DOJ) has stepped up its investigation of Standard &amp; Poor&#8217;s (S&amp;P) mortgage bond ratings during the financial crisis, the Wall Street Journal reported today.  At least five former S&amp;P analysts have been contacted by federal prosecutors in recent weeks, after some had not heard from investigators for more than six months, the newspaper said.  The McGraw-Hill Cos Inc unit disclosed in September it had received a Wells notice from the Securities and Exchange Commission indicating it could face civil charges for its ratings of a 2007 mortgage bond deal called Delphinus 2007-1.  It has not yet disclosed any investigation by the DOJ, which the WSJ reported is a civil probe.  Prosecutors are examining whether S&amp;P managers pushed to weaken standards the company had set for rating the mortgage deals, and whether the company followed its established criteria in assigning ratings.  The recent interviews lasted two to three hours, and the former employees were told they would likely by contacted again, the Wall Street Journal said.</p>
<h4>DSNews.com &#8211; vacant foreclosures cost money</h4>
<p>A recent study from the Government Accountability Office (GAO) found that non-seasonal vacant properties across the United States rose 51 percent over the span of a decade, from nearly 7 million in 2000 to 10 million in April 2010.  Ten states saw vacancies go up by 70 percent or more as a result of high foreclosure rates. Those with the largest increases over the last decade were Nevada (126 percent), Minnesota (100 percent), New Hampshire (99 percent), Arizona (92 percent), and Florida (90 percent). Georgia, Michigan, Colorado, Rhode Island, and Massachusetts also experienced increases above 70 percent.  The elevated number of vacant homes carries with it a hefty price tag for lenders that must resume ownership after foreclosure. GAO found that in 2010, Fannie Mae and Freddie Mac reimbursed servicers and vendors over $953 million for property maintenance costs.  However, it’s local governments, many of which are already dealing with depleted funds, that are feeling “significant” pressures from the rise in home vacancies, according to GAO.</p>
<p>The agency notes that other studies have concluded vacant foreclosed properties may reduce prices of nearby homes by as much as $17,000 per property. As a result, municipalities report being out millions of dollars in lost tax revenues. That’s in addition to extra expenditures to put staff, systems, and programs in place to ensure local property ordinances are met, as well as costs associated with addressing public safety issues posed by extended periods of vacancy or improper property maintenance.  GAO says the localities it studied are all engaged in multiple strategies to try to minimize the costs and other negative impacts that vacant properties create for their communities.</p>
<p>Efforts range from simple data-gathering to more precisely identifying vacant properties, to acquisition and rehabilitation or, in some cases, demolition of abandoned properties.  In addition, some local governments have tasked servicers with additional responsibilities for maintaining properties, amended their code enforcement rules to establish greater incentives for property maintenance, and established specialized housing courts to address vacant property and other housing issues.  These strategies, however, face various challenges, particularly the lack of financial support to effectively address such a large-scale problem, according to GAO.  As a result, governments in many of the communities GAO examined are reaching out to members of the community – including neighborhood groups and private developers – in an attempt to leverage all available resources.  In addition, local governments have called for increased federal funding and greater attention by federal regulators to servicers’ role in managing vacant properties.</p>
<p>See you at the top!<br />
Chris McLaughlin</p>
<p>**************</p>
<p>Copyright Loss Mitigation Institute LLC 2011.<br />
All Rights Reserved.</p>
<p>http://www.shortsalesriches.com</p>
<p>http://www.shortsalescoach.com</p>
<p>http://www.sixfigurebpo.com</p>
<p>http://www.reomillionaireclub.com</p>
<p>http://www.youtube.com/shortsalesriches</p>
<p>http://www.smartrealestatenews.com</p>
<p>(subscribe to this newsletter)</p>
<p>*************************************************</p>
<p>About the author:<br />
Chris McLaughlin is widely known as America’s top<br />
Real Estate Attorney and Investment Consultant.</p>
<p>* As the top Florida foreclosure and pre-<br />
foreclosure expert, he oversees more than<br />
100 short sale &amp; REO closings each month</p>
<p>* Long-time authority on real estate investing<br />
and rapid reselling of distressed homes.  Owns<br />
portfolio of nearly 150 high-value, high-profit<br />
properties</p>
<p>* Owner of one of Florida&#8217;s largest Real Estate firms,<br />
running 4 different offices, supporting over<br />
420 agents, uniquely positioning him to help<br />
thousands of investors make money in the<br />
biggest market opportunity ever!</p>
<p>* In 2010, Chris&#8217; 4 Central Florida real estate offices<br />
closed 2,786 sides for a closed sales volume of<br />
$392,912,927!</p>
<p>* Highly sought-after speaker, consultant, and<br />
seminar leader for current trends and hot topics<br />
in Real Estate Investing, Entrepreneurship, and<br />
Wealth Building</p>
<p>* Follow me on Twitter: http://twitter.com/mclaughlinchris</p>
<p>* Join my Facebook Fan Page: http://www.mclaughlinchris.com</p>
]]></content:encoded>
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		<title>Details &#8211; anti-flipping rule waiver</title>
		<link>http://shortsalesriches.com/blog/details-anti-flipping-rule-waiver</link>
		<comments>http://shortsalesriches.com/blog/details-anti-flipping-rule-waiver#comments</comments>
		<pubDate>Fri, 06 Jan 2012 16:05:47 +0000</pubDate>
		<dc:creator>admin</dc:creator>
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		<guid isPermaLink="false">http://shortsalesriches.com/blog/?p=2322</guid>
		<description><![CDATA[Smart Real Estate News &#38; Commentary by Chris McLaughlin January 3, 2012 Forward this e-mail to your friends! Then they can subscribe directly at the following link: http://www.smartrealestatenews.com/ *** Join Chris’ Facebook Fan Page&#8211;&#62; http://www.mclaughlinchris.com *** Follow Chris on Twitter&#8211;&#62; http://www.twitter.com/mclaughlinchris ************************************************************ Details &#8211; anti-flipping rule waiver I reported last week that the waiver on [...]]]></description>
			<content:encoded><![CDATA[<p>Smart Real Estate News &amp; Commentary by Chris McLaughlin January 3, 2012</p>
<p>Forward this e-mail to your friends!</p>
<p>Then they can subscribe directly at the following link:</p>
<p>http://www.smartrealestatenews.com/</p>
<p>*** Join Chris’ Facebook Fan Page&#8211;&gt;</p>
<p>http://www.mclaughlinchris.com</p>
<p>*** Follow Chris on Twitter&#8211;&gt;</p>
<p>http://www.twitter.com/mclaughlinchris</p>
<p>************************************************************</p>
<h3>Details &#8211; anti-flipping rule waiver</h3>
<p>I reported last week that the waiver on the anti-flipping rule was extended by the Federal Housing Administration (FHA)  through the end of 2012, but here are some more details, courtesy of DSNews.com.  The new extension will permit buyers to continue to use FHA-insured financing to purchase HUD-owned and bank-owned properties, no matter how long the homeowner has held the title, through December 31, 2012.  FHA says the waiver will allow homes to resell as quickly as possible, helping to stabilize real estate prices and revitalize communities experiencing high foreclosure activity.  “This extension is intended to accelerate the resale of foreclosed properties in neighborhoods struggling to overcome the possible effects of abandonment and blight,” said Carol Galante, FHA’s Acting Commissioner. “FHAremains a critical source of mortgage financing and stability and we must make every effort that to promote recovery in every responsible way we can.”</p>
<p>According to the FHA, the waiver contains strict conditions and guidelines to prevent the predatory practice of property flipping, in which properties are quickly resold at inflated prices to unsuspecting borrowers.  Among these conditions, all transactions must be arms-length, with no link between the buying and selling parties.  In addition, in cases in which the sales price of the property is 20% or more above the seller’s acquisition cost, the waiver will apply only if the lender meets specific conditions, and documents the justification for the increase in value.  FHA’s property-flipping waiver is limited to forward mortgages, and does not apply to the agency’s Home Equity Conversion Mortgage (HECM) for purchase program.  Since the original waiver went into effect on February 1, 2010, FHA has insured nearly 42,000 mortgages worth more than $7 billion on properties resold within 90 days of acquisition.  The agency says its own research has found that in today’s market, acquiring, rehabilitating, and reselling foreclosed properties to prospective homeowners often takes less than 90 days.  As a result, FHA says prohibiting the use of its mortgage insurance for a subsequent resale within 90 days would adversely impact the willingness of sellers to consider offers from potential FHA buyers, namely because they would be required to cover holding costs and the risk of vandalism that comes with allowing a property to sit vacant over a 90-day period of time.</p>
<h4>Consumer spending tepid</h4>
<p>After a strong start on Thanksgiving weekend, a pronounced lull followed, causing retailers to mark down products heavily in the week before Christmas. While final numbers for the season are not in, analysts say they are worried that retailers had to eat into profits to generate high revenues.  Consumer spending makes up 70% of the economy, so until it ignites, general growth is likely to be sluggish.  Macroeconomic Advisers, a forecasting company, projects growth of around 2% for the first half of this year, down from an estimate of 3.6% in the fourth quarter of 2011 and just 1.8% in the third quarter.  For consumers, the reasons for the sluggishness are clear: incomes are essentially flat, job growth is modest, and more than 40% of the new jobs in the last two years have been in low-paying sectors like retail and hospitality.  While consumer spending is not “going to collapse,” said Joel Prakken, senior managing director at Macroeconomic Advisers, “there are some headwinds there.”</p>
<h4>DSNews.com &#8211; broad-based price decline</h4>
<p>Data released last week by Standard &amp; Poor’s indicates the fourth quarter of 2011 started with broad-based declines in home prices.   The 20-city composite of S&amp;P’s closely watched Case-Shiller index was down 1.2% in October versus September, while the 10-city composite reading registered a 1.1% drop.  Home prices fell in 19 of the 20 cities covered by the S&amp;P/Case-Shiller index. Phoenix was the only metro area to see a month-over-month increase, with prices there rising 0.3%.  David M. Blitzer, chairman of the index committee at S&amp;P Indices, says Atlanta and the Midwest are regions that really stand out in terms of recent relative weakness.  He notes that Atlanta was down 5.0% over the month of October, after having fallen by 5.9% in September.  Chicago, Cleveland, and Minneapolis – some of the strongest markets during the spring and summer buying season – all saw monthly declines of 1.0% or more in October.  On a year-over-year basis, the 10- and 20-city composites posted declines of 3.0% and 3.4%, respectively, when compared to October 2010.</p>
<p>Detroit (+2.5%) and Washington D.C. (+1.3%) were the only two cities to record positive annual returns. Atlanta posted the worst year-over-year result with an 11.7% decline.  S&amp;P notes, however, that 14 of the 20 metros and both composite readings recorded improved annual returns when compared to the agency’s previous report. Miami saw no change, while Atlanta, Detroit, Las Vegas, Los Angeles, and Minneapolis saw their annual rates worsen.  According to the S&amp;P/Case Shiller index, the crisis low for the 20-city composite was back in March 2011. The 20-city reading in October is about 1.9% above that recent double-dip mark.  The index’s 10-city composite hit its crisis low quite earlier in the cycle, in April 2009, S&amp;P says. October’s 10-city assessment is about 2.4% above its relative low.</p>
<h4>Shhh &#8211; the US is broke, but don&#8217;t tell anyone!</h4>
<p>The General Accounting Office has released its fiscal 2011 annual report.  When companies and governments have bad news to release, they try to release it at the moment when journalists and the public are paying the least amount of attention — thus, hopefully, generating the least possible amount of grumbling and complaints.  So it&#8217;s no surprise that the GAO released its 2011 report on the Friday before Christmas, possibly the day of the year on which the country was paying the least amount of attention.  As you might expect, the GAO&#8217;s annual report on the financial condition of the United States contains tons of bad news.  The country can print its own money, so it&#8217;s not &#8220;broke&#8221; in the classic sense of the word (can&#8217;t pay its debts, can&#8217;t fund its operations).  But the country is also clearly on an unsustainable course.</p>
<h4>Here are the highlights:</h4>
<p>-  The US ran a $1.3 trillion budget deficit in 2011, flat with 2010 and the third year in a row of deficits over $1.3 trillion</p>
<p>-  The US federal debt load continues to climb as a percentage of GDP and is expected to explode over the next few decades</p>
<p>-  The big problem in our current and future finances is NOT spending on Defense, Education, the Environment, and the other government programs that Democrats and Republicans love to fight about.</p>
<p>The big problem in our budget is a combination of:</p>
<p>-  Taxes that are currently off their peak as a percentage of GDP</p>
<p>-  Future unfunded commitments to Medicare and Social Security</p>
<p>To be perfectly clear: The amount of the &#8220;unfunded liability&#8221; for our Social Insurance programs (Medicare and Social Security) is now $34 Trillion. This is an increase of $3 Trillion from last year. This number has increased at about $1.7 Trillion per year for the past 10 years. If not for some absurd assumptions about how Congress is going to eventually chop the cost of Medicare (the so-called &#8220;doc-fix&#8221; that pays doctors more for Medicare procedures that Congress passes every year), the liability would be $46 Trillion.  So, what&#8217;s the implication and solution?  Over the long haul, the intelligent solution is a combination of modestly higher taxes and reductions in Medicare and Social Security benefits.  The other option is bankruptcy.</p>
<h4>Miami-Dade sales up 25%</h4>
<p>Pending home sales in Miami-Dade County jumped 25% in November from a year earlier, the Miami Association of Realtors<strong> </strong>said Tuesday.   The number of listings hit 3,348, up from 2,598 a year ago, the trade group said.  Single-family home and condo sales pending during the month jumped 43% and 14%, respectively, over their November 2010 levels.  &#8220;Miami pending home sales have consistently increased over the past couple of years,&#8221; said Jack Levine, 2011 chairman of the Miami Association of Realtors. &#8220;We continue to see increasing pending sales, which points to increased future closed sales, price appreciation, and market strengthening.&#8221;  The pending sales home index nationally increased 7.3% to 101.1 during the same month, showing a greater deal of confidence from an level of 83.3 a year earlier, the report said.</p>
<p>See you at the top!</p>
<p>Chris McLaughlin</p>
<p>**************</p>
<p>Copyright Loss Mitigation Institute LLC 2011.</p>
<p>All Rights Reserved.</p>
<p>http://www.shortsalesriches.com</p>
<p>http://www.shortsalescoach.com</p>
<p>http://www.sixfigurebpo.com</p>
<p>http://www.reomillionaireclub.com</p>
<p>http://www.youtube.com/shortsalesriches</p>
<p>http://www.smartrealestatenews.com</p>
<p>(subscribe to this newsletter)</p>
<p>*************************************************</p>
<p>About the author:</p>
<p>Chris McLaughlin is widely known as America’s top</p>
<p>Real Estate Attorney and Investment Consultant.</p>
<p>* As the top Florida foreclosure and pre-</p>
<p>foreclosure expert, he oversees more than</p>
<p>100 short sale &amp; REO closings each month</p>
<p>* Long-time authority on real estate investing</p>
<p>and rapid reselling of distressed homes.  Owns</p>
<p>portfolio of nearly 150 high-value, high-profit</p>
<p>properties</p>
<p>* Owner of one of Florida&#8217;s largest Real Estate firms,</p>
<p>running 4 different offices, supporting over</p>
<p>420 agents, uniquely positioning him to help</p>
<p>thousands of investors make money in the</p>
<p>biggest market opportunity ever!</p>
<p>* In 2010, Chris&#8217; 4 Central Florida real estate offices</p>
<p>closed 2,786 sides for a closed sales volume of</p>
<p>$392,912,927!</p>
<p>* Highly sought-after speaker, consultant, and</p>
<p>seminar leader for current trends and hot topics</p>
<p>in Real Estate Investing, Entrepreneurship, and</p>
<p>Wealth Building</p>
<p>* Follow me on Twitter: http://twitter.com/mclaughlinchris</p>
<p>* Join my Facebook Fan Page: http://www.mclaughlinchris.com</p>
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		<title>RealtyTrac:  2012 &#8211; the year of the streamlined short sale</title>
		<link>http://shortsalesriches.com/blog/realtytrac-2012-the-year-of-the-streamlined-short-sale</link>
		<comments>http://shortsalesriches.com/blog/realtytrac-2012-the-year-of-the-streamlined-short-sale#comments</comments>
		<pubDate>Fri, 06 Jan 2012 16:01:18 +0000</pubDate>
		<dc:creator>admin</dc:creator>
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		<guid isPermaLink="false">http://shortsalesriches.com/blog/?p=2316</guid>
		<description><![CDATA[Smart Real Estate News &#38; Commentary by Chris McLaughlin December 29, 2011 Forward this e-mail to your friends! Then they can subscribe directly at the following link: http://www.smartrealestatenews.com/ *** Join Chris’ Facebook Fan Page&#8211;&#62; http://www.mclaughlinchris.com *** Follow Chris on Twitter&#8211;&#62; http://www.twitter.com/mclaughlinchris ************************************************************ RealtyTrac:  2012 &#8211; the year of the streamlined short sale RealtyTrac is calling 2011 [...]]]></description>
			<content:encoded><![CDATA[<p>Smart Real Estate News &amp; Commentary by Chris McLaughlin December 29, 2011</p>
<p>Forward this e-mail to your friends!</p>
<p>Then they can subscribe directly at the following link:</p>
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<h3>RealtyTrac:  2012 &#8211; the year of the streamlined short sale</h3>
<p>RealtyTrac is calling 2011 the year of foreclosure litigation, strategic default, failing foreclosure law firms and shadow inventory.  It also was a year of infighting between regulators, underwater mortgages and the year when Mortgage Electronic Registration Systems faced suits over everything from its business model to its assignment procedures.  Joel Cone, staff writer for RealtyTrac&#8217;s Foreclosure News Report, released a lengthy report on what this year brought for the mortgage, real estate and default servicing industries.  So what did we learn in 2011?  Cone says more borrowers learned to lean on strategic default, choosing to walk away from distressed or underwater loans instead of continuing to make payments on their mortgages.  Other borrowers discovered the system is moving at a snail&#8217;s pace, giving them more room to float by without making payments on mortgages. As banks struggled to catch up from 2010&#8242;s robo-signing-induced foreclosure moratorium, Cone says borrowers learned to gain a strategic advantage from the delays.  Cone writes that &#8220;armed with knowledge that the financial institutions are so far behind the eight ball playing catch-up with the delayed foreclosures, homeowners have no motivation to move on.&#8221; He added, &#8220;There are documented cases now of homeowners who are simply staying in their homes without making a mortgage payment for as long as three years, figuring they can stay until the bank gets around to foreclosing on them. In the meantime, they are living rent-free.&#8221;</p>
<p>RealtyTrac data shows it took on average 336 days to complete a foreclosure on properties that made it through the process in the third quarter of 2011, that&#8217;s up 180% from the first quarter of 2007 when it took an average 120 days, Cone said.  The states with the longest foreclosure timelines include New York, where it takes an average of 986 days to foreclose; New Jersey, where it takes about 974 days; and Florida, where it can take up to 749 days to complete a foreclosure.  As homeowners and foreclosure firms continue to sort through the mess, Cone noted several major foreclosure law firms shut down and others to pick up new business.  Casualties included heavy hitters David J. Stern in Plantation, Fla., the Amherst, New York-based law firm Steven J. Baum PC (which paid $2 million to settle allegations from a Department of Justice probe into its allegedly misleading foreclosure documents), and Fort-Lauderdale, Fla.- based Ben-Ezra &amp; Katz, which shuttered its foreclosure practice.</p>
<p>While some firms stumbled, others saw an opportunity to grab market share. Cone quotes Law.com data, which shows Atlanta-based McCalla Raymer<strong> </strong>opening new branches and adding foreclosure divisions in the Southeast to handle up to 5,000 transfer files from foreclosure giants that have shuttered their doors.  So what&#8217;s Cone&#8217;s take on 2012? He believes short sales will play a huge role.  &#8220;The dysfunctional and delayed foreclosure process may finally be leading lenders to usher in the much-anticipated &#8216;year of the streamlined short sale&#8217; in 2012,&#8221; he wrote.</p>
<h4>Stock losses hit public pensions</h4>
<p>Total investments held by pension systems administered by state and local governments fell 8.5% from the second quarter, although investments did inch up 1.1% from the same period a year earlier.  The total holdings reached $2.5 trillion in what was the eighth consecutive quarter of year-on-year growth.  After being battered by the financial crisis and recession, public pensions had seen four straight quarterly increases starting in 2010.  But in the third quarter, pensions&#8217; corporate stock holdings fell 14.9% from the second quarter to $134.7 billion. That marked a 6.6% drop from the third quarter of 2010.  And international securities declined for the first time since the second quarter of 2010, falling 14.2% from the second quarter to $448.9 billion. It was the largest decline in international securities since the fourth quarter of 2008, in the midst of the Great Recession, according to the Census.</p>
<p>Public retirement systems depend on contributions from employees and employers to pay benefits, but the lion&#8217;s share of their revenue comes from investment returns.  A year ago, concerns about public pensions&#8217; soundness reached a fever pitch. Conservative members of the US Congress called for the systems to lower their expected rates of return — a metric that is used to determine the systems&#8217; abilities to meet their obligations — and for states to have the unprecedented option of filing for bankruptcy to escape public employee contracts.  The bankruptcy idea has largely disappeared, although earlier this month a leading Republican US senator, Jim DeMint of South Carolina, hinted other legislation changing public pensions could be coming soon.</p>
<h4>Equator sees 1.17 million short sales</h4>
<p>Default servicing technology company Equator says nearly 1.2 million short sales were initiated through its module over the past two years.  The company tracks this data through its default servicing platform, which helps mortgage industry clients deal with loan modifications, short sales, deeds-in-lieu, foreclosure processing and REOs.  Los Angeles-based Equator said Wednesday that more than $150 billion in assets have been sold using its technology platform over the past eight years. Analyzing trends from the recent fourth quarter, Equator said servicers heading into 2012 are focused on compliance issues.  &#8220;The needs of our clients have focused on the demands for stricter compliance and infrastructure security,” said Chief Operating Officer John Vella.  As the firm transitions into 2012, it&#8217;s prepping the launch of the REvolution software program, which will provide real estate professionals with a system to track both distressed and traditional properties.  The company said the software gives agents enough flexibility to automate their daily work-flow cycles from a single portal, removing the need for agents to employ more than one software system to handle various asset types and sales functions.</p>
<h4>Jobless claims up</h4>
<p>Initial jobless claims rose last week after a few weeks of declines and remain at levels last since in 2008.  The Labor Department said the seasonally adjusted figure of actual initial claims for the week ended Dec. 25 increased to 381,000 from 366,000 the previous week, which was revised upward 2,000.  Analysts surveyed by Econoday expected 372,000 new jobless claims last week with a range of estimates between 370,000 and 383,000. Most economists believe weekly claims lower than 400,000 indicate the economy is expanding and jobs growth is strengthening. Initial claims have been lower than this threshold for most of the past two months.  The four-week moving average, which is considered a less volatile indicator than weekly claims, declined by 5,750 claims to 375,000 — the lowest in more than three years — from the prior week&#8217;s slightly revised 380,270.  The seasonally adjusted insured unemployment rate for the week ended Dec. 17 inched higher to 2.9% from 2.8% the previous week, according to the Labor Department.  The total number of people receiving some sort of federal unemployment benefits for the week ended Dec. 10 rose to 7.23 million from 7.15 million the prior week.</p>
<h4>WSJ &#8211; cracked foundation threatens housing recovery</h4>
<p>A house is only as good as its foundation.  The same is true of the housing market. Unfortunately, its foundation, the housing-finance system, still has big cracks in it. Until those are fixed, any hoped-for recovery may prove difficult to sustain.  That isn&#8217;t to say housing won&#8217;t show signs of improvement. Recent data, such as new-home starts and existing-home sales, have offered some glimmers of hope. Tuesday&#8217;s release of the S&amp;P/Case-Shiller index for October is likely to show further slippage of prices. But the rate of decline in the index, which tracks home prices in 20 metropolitan areas, is expected to continue slowing, to less than 3% year over year. That trend, some economists expect, presages prices finding a floor in 2012.  Meanwhile, mortgage rates hit a new low last week; Freddie Mac said the average for a 30-year fixed-rate loan was 3.91%. Such super-low rates and the resulting increased affordability of homes may spur more housing activity.</p>
<p>Still, the challenge of housing-finance overhaul remains a long-term headwind. As things now stand, housing finance remains almost completely dependent on government support via proxies like Fannie Mae and Freddie Mac.  That isn&#8217;t likely to change soon. Both Congress and the administration essentially punted in 2011 on hard decisions about the future of those firms and are likely to do so again in the coming presidential-election year.  Washington&#8217;s inaction is somewhat understandable, if disappointing. Any overhaul will force the government to decide if it wants a housing market where risk is taken by home buyers and private investors, or by the taxpayer. Any action also may threaten the existence of 30-year, fixed-rate mortgages with a prepay option and require a rethink of subsidies such as the deductibility for tax purposes of mortgage interest.</p>
<p>But the dithering isn&#8217;t only over big issues. Many small decisions about changes to housing-finance rules haven&#8217;t been finalized. Regulators, for example, have yet to give banks concrete guidance about how they will have to handle mortgages if they want to sell them to private investors.  Speaking at a conference earlier this month, J.P. Morgan Chase Chief Executive James Dimon lamented such a lack of progress saying it is &#8220;holding back the mortgage market.&#8221;  Continued delay means that any gains in housing may be built on shaky ground.</p>
<h4>Expanding government role in mortgages</h4>
<p>Washington lawmakers, who began 2011 with sweeping plans to shrink the US government&#8217;s role in mortgage finance, are heading into 2012 after enacting policies that expand it.  An 11th-hour payroll tax cut extension signed into law last week would for the first time divert funds directly from Fannie Mae and Freddie Mac, the two mortgage-finance companies under US conservatorship, to pay for general government expenses.  That move came after two others that also are expected to increase government involvement: Lawmakers allowed a tax break on private mortgage insurance to expire and raised loan limits for mortgages insured by the Federal Housing Administration. Advocates of private mortgage finance say they are concerned that using fees from Fannie Mae and Freddie Mac is setting a precedent that will keep the government in the mortgage business for a decade or more.  Fannie Mae, Freddie Mac and the FHA currently back more than 90% of loan originations, about double what they did during the subprime lending boom, according to Inside Mortgage Finance, a trade publication.</p>
<p>Earlier in the year, both the Obama administration and members of Congress outlined plans to reverse that trend. In February, US Treasury Secretary Timothy F. Geithner released three options for reducing government&#8217;s role in housing finance. Shortly afterward, Republicans introduced bills to wind down Fannie Mae and Freddie Mac, which have cost taxpayers about $153 billion since 2008 because of defaults on loans they guaranteed. The legislation never moved forward because there was no agreement even within the Republican caucus on the best way to proceed.  In December, pushing to find about $36 billion in revenue to offset the payroll tax cut for two months, Congress instituted a decade-long increase in the premiums that Fannie Mae and Freddie Mac charge lenders, known as &#8220;g fees,&#8221; to guarantee principal and interest on home loans. Lenders typically pass on the cost of the fees to borrowers as higher interest rates.  The move is drawing criticism: It relies on long-term revenues from entities both Democrats and Republicans want to shrink, and the money won&#8217;t be spent to offset the risk of loan defaults.  &#8220;In effect, this is a tax on Fannie and Freddie mortgages,&#8221; said Bert Ely, a banking consultant in Alexandria, Virginia. &#8220;When you go to privatize or take any action to wind them down, you have a budget effect that you didn&#8217;t have before.&#8221;</p>
<h4>Fewer delinquencies, more foreclosures coming</h4>
<p>Real estate research and marketing firm Trulia<strong> </strong>said employment figures improved slightly at the end of 2011, making it possible for more borrowers to pay their mortgages next year.  While Trulia says this trend could reduce 2012 delinquencies, the company expects foreclosures to continue to climb as banks sort through a backlog of distressed properties and foreclosures that stalled in the wake of robo-signing and increased regulatory oversight.  The firm says once a settlement between mortgage servicers and state attorneys general is finalized, many delayed defaults will plunge through the process.  As for what this means for real estate agents, Trulia said an increase in &#8220;foreclosures will depress prices for several reasons — foreclosed homes are often sold at a discount and used as comps for non-distressed homes.&#8221;  In turn, this will kill seller motivation even though buyers stand to benefit from affordable pricing structures.  &#8220;Agents should be gearing up with competitive pricing strategies to catch buyers and preparing to counsel their traditional seller-clients about the depressed prices to come in high-foreclosure areas,&#8221; Trulia said.  For those Americans now confined to the rental market, costs will be rising in 2012 as people losing their homes move toward the rental model. To resolve the issue, high-cost cities need to address the rental shortage directly by having local governments get rid of restrictions and permitting processes that are too stringent, according to Trulia.</p>
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<p>Chris McLaughlin</p>
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		<description><![CDATA[Smart Real Estate News &#38; Commentary by Chris McLaughlin December 28,2011 Forward this e-mail to your friends! Then they can subscribe directly at the following link: http://www.smartrealestatenews.com/ *** Join Chris’ Facebook Fan Page&#8211;&#62; http://www.mclaughlinchris.com *** Follow Chris on Twitter&#8211;&#62; http://www.twitter.com/mclaughlinchris ************************************************************ Foreclosures down, short sales up in 2011 While data on the number of loans [...]]]></description>
			<content:encoded><![CDATA[<p>Smart Real Estate News &amp; Commentary by Chris McLaughlin December 28,2011</p>
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<h3>Foreclosures down, short sales up in 2011</h3>
<p>While data on the number of loans either seriously delinquent or in the foreclosure process suggested that an increase in the number of residential properties lost to foreclosure this year was a “slam dunk,” incoming data suggest that in fact the numbers will be down significantly from 2010, and will in fact probably come in at the lowest level since 2007!  Short sales and DILs, in contrast are likely to be up in 2011 compared to 2010, at least according to estimates derived from Hope Now data. Unfortunately, Hope Now data doesn&#8217;t allow for an estimate of SS/DILs by occupancy type, and HN didn’t start releasing data that allowed one to derive estimated short sales/DILs until early 2010. Given the number of loans either seriously delinquent or in the process of <a href="http://www.calculatedriskblog.com/2011/12/lawler-completed-foreclosure-sales-in.html?utm_source=feedburner&amp;utm_medium=feed&amp;utm_campaign=Feed%3A+CalculatedRisk+%28Calculated+Risk%29">foreclosure </a> at the beginning of the year, the number of completed foreclosure sales in 2011 is almost absurdly low, reflecting the complete screw-up of the mortgage servicing industry, and the resulting dramatic slowdown in foreclosure resolutions. As of the end of October, 2011 LPS estimated that there were 1.759 million seriously delinquent loans with the average number of days delinquent at 388 (compared to 192 days in January 2008), and there were 2.210 million loans in the foreclosure process that had been on average delinquent for 631 days.</p>
<h4>Consumer confidence surges</h4>
<p>The New York-based Conference Board says Tuesday that its Consumer Confidence Index rose almost 10 points to 64.5, up from a revised 55.2 in November. Analysts had expected 59.  The surge builds on another big increase in November, when the index rose almost 15 points from the month before.  Improving confidence is in line with retail reports of a decent <strong>holiday shopping season</strong>. Still, the December confidence reading is below the 90 level that indicates an economy on solid footing.  Economists watch the confidence numbers closely because consumer spending — including items like health care — accounts for about 70% of <strong>US</strong><strong> </strong></p>
<p><strong> </strong></p>
<p><strong>WSJ &#8211; 2011 in commercial real estate</strong><strong> </strong></p>
<p><strong> </strong></p>
<p>For the commercial real-estate market, 2011 was a year that began with a boom and ended with a question mark.  After two years in the doldrums, commercial real estate came to life in the first half of 2011. Values rose in top markets, deal activity increased and financing became more plentiful. But the market hit the brakes in the summer when turmoil in Europe threatened to stall an already-shaky economic recovery. As the year comes to an end, the outlook continues to look uncertain.  But along the way in 2011, there were ups and downs, winners and losers and tears and high-fives. Here is a look at a few standouts:</p>
<h4>Biggest Fight</h4>
<p>Three years after taking apartment company Archstone private in a $22 billion leveraged buyout, the three owners—Bank of America Corp., Barclays PLC, and the estate of Lehman Brothers Holdings Inc.—spent much of 2011 fighting over how to unwind their soured investment. Now the two banks are trying to sell half their stake to Sam Zell&#8217;s Equity Residential, Archstone&#8217;s largest competitor, which wants to control all the property. This is unwelcome news to the Lehman estate, which is trying—in court and by raising funds—to block the purchase.</p>
<h4>Worst Tenant-Landlord Relations</h4>
<p>This fall, giant office landlord Brookfield Office Properties Inc. became the unexpected and extremely reluctant host of the Occupy Wall Street movement in Lower Manhattan. Thanks to its ownership of Zuccotti Park, the small plaza near Wall Street, the firm&#8217;s executives wished the movement had chosen to make a home base in a space they didn&#8217;t control. Still, they deferred to City Hall, waiting until the mayor gave his okay until they and the New York Police Department put an end to the occupation.</p>
<h4>Most-Unexpected Comebacks</h4>
<p>Two high-profile names associated with the boom-turned-bust of a few years prior reemerged earlier this year. New York developer Harry Macklowe, who lost his extensive office holdings in 2008 after a poorly timed $7 billion attempt to double down on his portfolio, led ventures to buy and convert two rental apartment buildings on Manhattan&#8217;s Upper East Side, totaling over $400 million in investment. Meanwhile Mark Walsh, Lehman Brothers&#8217; head of real estate, whose insatiable appetite for commercial property during the boom helped sink the investment bank, reemerged. His Silverpeak Real Estate Partners won control of the $1.1 billion US real-estate portfolio of Dubai Investment Group.</p>
<h4>Off the Beaten Path</h4>
<p>While investors spent much of the year climbing over each other to buy apartments and top office towers in major cities, Blackstone Group LP waded deep in the muck of the commercial-property sector: strip malls and suburban office buildings. Put off by the unusually high price tags of the standard fare, the giant private-equity fund put its money into higher-yield major deals such as the $9.4 billion purchase of 588 US shopping centers from Centro Properties Group, a $1.1 billion suburban office portfolio from Duke Realty Corp., and a $473 million shopping-center portfolio concentrated in Florida and Georgia from Equity One Inc.</p>
<h4>Best Sovereign Exit</h4>
<p>Once big lenders during the real-estate boom, the three largest banks in Ireland all made a near-complete exit from the US market. Starting in the summer, Bank of Ireland, Allied Irish Banks PLC and Anglo Irish Bank Corp., each of which are mostly owned by the Irish government, nearly cleared their books of US loans, totaling sales of more than $12 billion, face value.</p>
<h4>Change in Course</h4>
<p>Donald Trump went from a public dalliance with a White House run to working on his golf handicap. In what would be its largest US property investment in years, Trump Organization agreed to pay $150 million to buy the Doral Golf Resort and Spa, a deluxe resort near Miami, often a stop on the PGA tour. While the deal isn&#8217;t done yet—other bidders could top Mr. Trump in a bankruptcy-court auction—it marks a shift from the years in which the high profile Trump buildings were licensing deals with other developers.</p>
<h4>Worst Day in Court</h4>
<p>In hindsight, bankruptcy might not have been the clean outcome it seemed for the Extended Stay hotel chain. David Lichstenstein, the New York investor who led the $8 billion purchase of the chain in 2007, put it into Chapter 11 when the investment soured. But this year, lenders went after a &#8220;bad-boy&#8221; provision, which can subject owners to large recourse penalties if they take certain actions, such as putting properties into bankruptcy. A New York state court ruled against him, exposing him to $100 million in personal liability, which he&#8217;s now appealing.</p>
<h4>Biggest Optimist</h4>
<p>At a time when few are building condominiums or office buildings, New York developer Gary Barnett, president of Extell Development Co., is betting big on a strong recovery in Manhattan. He has two giant Manhattan construction projects underway: the International Gem Tower, a mostly speculative tower aimed at both diamond dealers and traditional office tenants, as well as One57, a 1,004-foot condo tower aimed at a set of super-luxury foreign buyers. Neither started 2011 with a construction loan.</p>
<h4>Biggest Ratings Snafu</h4>
<p>Just as investors were about to buy bonds on a $1.5 billion batch of securities tied to commercial mortgages, Standard &amp; Poor&#8217;s Ratings Services pulled its rating on the deal, being sold by Goldman Sachs Group Inc. and Citigroup Inc., citing potential problems with its ratings formula. The action was a shock to the commercial mortgage-backed securities world, shaking trust lenders and investors had put in the common financing tool.</p>
<h4>Looking Ahead</h4>
<p>With lenders wary of funding new construction, few major developments are expected to kick off in 2012, although a few developers are trying. Among those seeking to start building are Triple Five, which wants to re-start construction on a retail and entertainment mega-center in New Jersey previously named Xanadu, and Related Cos., which plans to start construction on its first tower in its $15 billion Hudson Yards project on Manhattan&#8217;s far West Side.</p>
<h4>Iran threatens top block oil &#8211; prices rise</h4>
<p>A senior Iranian official delivered a sharp threat in response to economic sanctions being readied by the United States, saying his country would retaliate against any crackdown by blocking all oil shipments through the Strait of Hormuz, a vital artery for transporting about one-fifth of the world’s oil supply.  The declaration by Iran’s first vice president, Mohammad-Reza Rahimi, came as President Obama prepares to sign legislation that, if fully implemented, could substantially reduce Iran’s oil revenue in a bid to deter it from pursuing a nuclear weapons program.  Apparently fearful of the expanded sanctions’ possible impact on the already-stressed economy of Iran, the world’s third-largest energy exporter, Rahimi said, “If they impose sanctions on Iran’s oil exports, then even one drop of oil cannot flow from the Strait of Hormuz,” according to Iran’s official news agency. Iran just began a 10-day naval exercise in the area.</p>
<p>In recent interviews, Obama administration officials have said that the United States has developed a plan to keep the strait open in the event of a crisis. In Hawaii, where President Obama is vacationing, a White House spokesman said there would be no comment on the Iranian threat to close the strait. That seemed in keeping with what administration officials say has been an effort to lower the level of angry exchanges, partly to avoid giving the Iranian government the satisfaction of a response and partly to avoid spooking financial markets.  But the energy sanctions carry the risk of confrontation, as well as economic disruption, given the unpredictability of the Iranian response.  Merely uttering the threat appeared to be part of an Iranian effort to demonstrate its ability to cause a <strong>spike in oil prices</strong>, thus <strong>slowing the United States economy</strong>, and to warn American trading partners that joining the new sanctions, which the Senate passed by a rare 100-0 vote, would come at a high cost.  <strong>Oil prices</strong> rose above $100 a barrel in trading after the threat was issued, though it was unclear how much that could be attributed to investors’ concern that confrontation in the Persian Gulf could disrupt oil flows.</p>
<h4>Freddie delinquency rate up</h4>
<p>The delinquency rate of single-family mortgages held by <strong>Freddie Mac</strong> edged up to 3.57% in November from 3.54% in October, the government-sponsored enterprise said.  The multifamily delinquency rate fell to 0.28% in November from 0.31% the prior month, and the GSE&#8217;s total mortgage portfolio decreased at an annualized rate of 6.9% in November. A year ago, the single-family delinquency rate was 3.85% and the multifamily rate was about 0.34%.  Freddie completed 6,886 loan modifications during November, up from 6,571 a month earlier and 6,465 in September.  The single-family guarantee volume hit $27 billion in November, making up 71% of the mortgage giant&#8217;s total portfolio. That compares to $24.1 billion in October.  In addition, the unpaid principal balance of Freddie&#8217;s mortgage-related investment portfolio decreased by $5.8 billion in November.</p>
<h4>Hiring up in 2012?</h4>
<p>Employers expect to add new jobs in the new year, but are still cautious about their businesses, according to <strong>CareerBuilder</strong>&#8216;s annual job forecast. Nearly one of every four hiring managers plans to hire full-time, permanent employees in 2012, similar to 2011 and employers said they expect to raise salaries.  &#8220;Barring any major economic upsets, we expect 2012 to bring a better hiring picture than 2011, especially in the second half of the year,&#8221; said Matt Ferguson, CEO of CareerBuilder. &#8221;Many companies have been operating lean and have already pushed productivity limits. We&#8217;re likely to see gradual improvements in hiring across categories as companies respond to increased market demands.&#8221;  Ferguson said companies typically are more conservative in their survey answers than in their actual hiring.  Overall, CareerBuilder said 23% of employers surveyed plan to hire full-time, permanent employees next year, relatively unchanged from 24% for 2011 and up from 20% in 2010.  About 7% of respondents expect to decrease headcount, the same as 2011 and an improvement from 9% for 2010. Another 59% anticipate no change in staffing and 11% are unsure.</p>
<p>Small businesses reported more confidence in both hiring and retaining staff in 2012 with plans to downsize dropping two percentage points across small business segments while plans to hire increased two percentage points among companies with 50 or fewer workers. In that segment, 16% of respondents plan to add full-time, permanent staff in 2012, up from 14% for 2011.  For companies with fewer than 250 employees, 20% plan to add full-time, permanent staff in 2012, up from 19% this year and those reducing headcount fell to 4% for next year from 6% for 2011.  Of companies with 500 or fewer employees, 21% plan to add full-time, permanent staff, on par with 2011; those reducing headcount fell to 4% from 6%.</p>
<p>CareerBuilder said more employers in the West plan to recruit new employees in 2012 than other regions. Twenty-four% of employers in the West reported they plan to add full-time, permanent headcount.  However, the West also reported the highest number of companies planning to downsize in 2012 at 9%, reflecting the uncertainty businesses still feel about the economy.  Employers expect compensation levels to increase for both current staff and prospective employees as recruiting for skilled talent becomes more competitive.  Sixty-two% of employers plan to increase compensation for their existing employee base while 32% will offer higher starting salaries for new employees.  The survey, conducted by <strong>Harris Interactive</strong> from Nov. 9 to Dec. 5, included more than 3,000 hiring managers and human resources professionals across industries and company sizes.</p>
<p>See you at the top!</p>
<p>Chris McLaughlin</p>
<p>**************</p>
<p>Copyright Loss Mitigation Institute LLC 2011.</p>
<p>All Rights Reserved.</p>
<p>http://www.shortsalesriches.com</p>
<p>http://www.shortsalescoach.com</p>
<p>http://www.sixfigurebpo.com</p>
<p>http://www.reomillionaireclub.com</p>
<p>http://www.youtube.com/shortsalesriches</p>
<p>http://www.smartrealestatenews.com</p>
<p>(subscribe to this newsletter)</p>
<p>*************************************************</p>
<p>About the author:</p>
<p>Chris McLaughlin is widely known as America’s top</p>
<p>Real Estate Attorney and Investment Consultant.</p>
<p>* As the top Florida foreclosure and pre-</p>
<p>foreclosure expert, he oversees more than</p>
<p>100 short sale &amp; REO closings each month</p>
<p>* Long-time authority on real estate investing</p>
<p>and rapid reselling of distressed homes.  Owns</p>
<p>portfolio of nearly 150 high-value, high-profit</p>
<p>properties</p>
<p>* Owner of one of Florida&#8217;s largest Real Estate firms,</p>
<p>running 4 different offices, supporting over</p>
<p>420 agents, uniquely positioning him to help</p>
<p>thousands of investors make money in the</p>
<p>biggest market opportunity ever!</p>
<p>* In 2010, Chris&#8217; 4 Central Florida real estate offices</p>
<p>closed 2,786 sides for a closed sales volume of</p>
<p>$392,912,927!</p>
<p>* Highly sought-after speaker, consultant, and</p>
<p>seminar leader for current trends and hot topics</p>
<p>in Real Estate Investing, Entrepreneurship, and</p>
<p>Wealth Building</p>
<p>* Follow me on Twitter: http://twitter.com/mclaughlinchris</p>
<p>* Join my Facebook Fan Page: http://www.mclaughlinchris.com</p>
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		<title>WSJ &#8211; tracking down alleged victims</title>
		<link>http://shortsalesriches.com/blog/wsj-tracking-down-alleged-victims</link>
		<comments>http://shortsalesriches.com/blog/wsj-tracking-down-alleged-victims#comments</comments>
		<pubDate>Fri, 06 Jan 2012 15:57:29 +0000</pubDate>
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		<description><![CDATA[Smart Real Estate News &#38; Commentary by Chris McLaughlin December 27, 2011 Forward this e-mail to your friends! Then they can subscribe directly at the following link: http://www.smartrealestatenews.com/ *** Join Chris’ Facebook Fan Page&#8211;&#62; http://www.mclaughlinchris.com *** Follow Chris on Twitter&#8211;&#62; http://www.twitter.com/mclaughlinchris ************************************************************ WSJ &#8211; tracking down alleged victims The Justice Department faces the daunting task [...]]]></description>
			<content:encoded><![CDATA[<p>Smart Real Estate News &amp; Commentary by Chris McLaughlin December 27, 2011</p>
<p>Forward this e-mail to your friends!</p>
<p>Then they can subscribe directly at the following link:</p>
<p>http://www.smartrealestatenews.com/</p>
<p>*** Join Chris’ Facebook Fan Page&#8211;&gt;</p>
<p>http://www.mclaughlinchris.com</p>
<p>*** Follow Chris on Twitter&#8211;&gt;</p>
<p>http://www.twitter.com/mclaughlinchris</p>
<p>************************************************************</p>
<h3>WSJ &#8211; tracking down alleged victims</h3>
<p>The Justice Department faces the daunting task of tracking down more than 210,000 alleged victims and determining how to compensate them, following last week&#8217;s $335 million fair-lending settlement with Bank of America Corp.&#8217;s Countrywide unit.  Minority borrowers who suffered the greatest harm from Countrywide&#8217;s allegedly discriminatory mortgage-lending practices could be the most difficult to locate, observers say, because they are the victims most likely to have lost their homes to foreclosure and subsequently moved several times.  The landmark case is also the first by the Justice Department that accuses a lender of steering borrowers to more costly mortgages, creating novel and possibly difficult questions on setting monetary payments for some victims. For example, how should the government compensate a family that both lost its home and was unfairly steered into a more costly subprime loan?</p>
<p>The agreement, announced last Wednesday, was the largest residential fair-lending settlement in history. It resolved allegations that Countrywide and its subsidiaries engaged in a widespread pattern of discrimination against black and Hispanic borrowers from 2004 to 2008.  Home borrowers allegedly were charged higher fees and costs. Others allegedly were steered into costly subprime loans, even though they could have qualified for a prime mortgage, the type of loan offered to borrowers with the best credit histories.  Bank of America said it reached the settlement &#8220;to resolve issues about Countrywide&#8217;s alleged historic practices&#8221; before it acquired the company in 2008. The bank also said it discontinued Countrywide products and practices that &#8220;were not in keeping&#8221; with its commitment to fair and equal treatment of customers.</p>
<p>As the Justice Department&#8217;s settlement administrator begins to track down victims, the recent experience of the Federal Trade Commission, which inked its own settlement with Countrywide last year, offers a possible road map. Bank of America paid the FTC $108 million to settle charges that Countrywide took advantage of more than 450,000 distressed homeowners by inflating the cost of services relating to their defaults.  The FTC began mailing refund checks this summer, but 18 months after the agreement, the agency still holds about 25% of the money because it can&#8217;t find some people. Officials there are also concerned that at least some victims haven&#8217;t cashed the checks out of worries the refunds are part of a scam. The agency is preparing to conduct another round of searches for remaining victims.  The Justice Department is confident its settlement administrator &#8220;will be successful in locating the vast majority of the victims and is committed to ensuring that best efforts are made to do so,&#8221; spokeswoman Xochitl Hinojosa said.</p>
<h4>SEARS  to close 120 stores</h4>
<p><strong>Sears Holdings </strong>said today that between 100 and 120 Sears and Kmart stores will be closed after terrible holiday sales during what is the most crucial time of the year for retailers.  Sears  has yet to determine which stores will be closed, but there has been a clear shift in where the retailer will devote its resources.  The company is moving away from its practice of propping up &#8220;marginally performing&#8221; stores in hopes of improving their performance. Sears said it will now concentrate on cash-generating stores.  &#8220;Given our performance and the difficult economic environment, especially for big-ticket items, we intend to implement a series of actions to reduce ongoing expenses, adjust our asset base, and accelerate the transformation of our business model,&#8221; said CEO Louis D&#8217;Ambrosio. &#8220;These actions will better enable us to focus our investments on serving our customers.&#8221;  Sears would not discuss how many, if any, jobs would be cut.  Sears Holdings has more than 4,000 stores in the US and Canada.</p>
<h4>Housing sector lifted by rent demand</h4>
<p>The percentage of <strong>Americans who own their home dropped from a peak</strong> of 69.2% in late 2004 to a 13-year low of 65.9% in the second quarter.  It edged up to 66.3% in the third quarter of this year. On the flip side, the percentage of rental properties that are empty fell to 9.8% in the third quarter from 10.3% a year earlier.  In a recent report, Oliver Chang, an analyst at Morgan Stanley, dubbed 2012 &#8220;The Year of the Landlord.&#8221; &#8220;Rents are rising, vacancies are falling, household formations are growing and rental supply is limited,&#8221; the<strong> </strong>Morgan Stanley report stated.  &#8220;We believe the demand for rental properties will continue to grow.&#8221;  Groundbreaking for new housing jumped 9.3% in November to the highest level in 19 months, fueling optimism that the battered housing market was regaining its footing.  The gains, however, were almost solely in multifamily housing. Groundbreaking for structures with five or more units shot up more than 30% from October to now stand at nearly double the year-ago level.  Prices reflect the shift in demand. Rental costs are up 2.4% over the last year, compared with an increase of just 0.6% in 2010.  Steve Blitz, senior economist at ITG Investment Research, says the lure of higher returns is spurring the development of apartment buildings. He argued the next &#8220;boom&#8221; in residential construction has already started.  &#8220;The reason rents were rising is that through the past 15 years there has been an under-building of rental properties because typical renters were increasingly able to garner cheap financing to buy a house,&#8221; he wrote in a research note.</p>
<h4>Double dip for big pharma</h4>
<p>Pharmaceutical giants’ profits could take a &#8220;double-dip&#8221; hit next year from patent expirations on blockbuster drugs and President Barack Obama’s healthcare reforms, according to a report from CreditSights, a credit market research firm.  <strong>Patent expiries</strong><strong> </strong>are set to cost pharmaceutical firms $54 billion in sales between 2011 and 2012, with the cost reaching over $255 billion by 2016, according to EvaluatePharma, a research firm.  “We could see a double-dip effect in 2012, due to lower sales and earnings from loss of exclusivity, and healthcare reform costs that have not yet been reduced,” said Diya Sawhny senior pharmaceuticals analyst at CreditSights.  “A significant slate of prescription products lose patent protection in 2011 and 2012, and their sales will decline,” she added.</p>
<p><strong>Obama’s healthcare reforms</strong> include increases to the sales taxes pharmaceutical firms pay for their drugs used in government health programs. Those taxes are based on prior year sales, so firms with blockbusters going off-patent in 2012 may face both higher taxes and a drop-off in sales.  <strong>Obama’s Affordable Care Act</strong> was enacted in March 2010 with the intention of improving <strong>healthcare for the uninsured</strong>. Changes include expanding the number of people who are eligible for <strong>Medicaid</strong>, the state-run insurance program aimed at low-income individuals, with 16 million extra enrollees expected by 2019.  A pre-existing tax on prescription drugs sold to Medicaid recipients was increased from 15.1% to 23.1%, and was expanded to include drugs given in care organizations.  Between 2011 and 2018, pharmaceutical firms must pay an additional federal tax based on their market share of sales to government health programs. The cost of the tax to the pharmaceutical sector is fixed by law, and rises from $2.5 billion in 2011 to $3 billion from 2012 until 2016.</p>
<h4>Home prices fall in most major cities</h4>
<p>Home prices in October declined in 19 American cities, as the <strong>Standard &amp; Poor&#8217;s</strong>/Case Shiller home price index showed drops in both the 10-city and 20-city composites.  According to the latest S&amp;P report, home prices declined 1.1% and 1.2% for the 10- and 20-city composite indexes.  &#8220;There was weakness in the monthly statistics, as 19 of the cities posted price declines in October over September,&#8221; said David Blitzer, chairman of the Index Committee at S&amp;P Indices. &#8220;Eleven of the cities and both composites fell by 1.0% or more during the month. And even though some of the annual rates are improving, 18 cities and both composites are still negative. Nationally, home prices are still below where they were a year ago. The 10-city composite is down 3.0% and the 20-City is down 3.4% compared to October 2010.&#8221; S&amp;P said fourteen of 20 metropolitan statistical areas and both the 10 and 20-city composite indexes had improved annual returns up from September.</p>
<p>Miami experienced no change in annual returns in terms of pricing during the month of October, while Atlanta, Detroit, Las Vegas, Los Angeles and Minneapolis saw their annual rates worsen. Atlanta experienced the lowest annual pricing return, with prices down 11.7%.  &#8220;Atlanta and the Midwest are regions that really stand out in terms of recent relative weakness. Atlanta was down 5% over the month, after having fallen by 5.9% in September,&#8221; the report said.  &#8220;It also has the weakest annual return, down 11.7%. Chicago, Cleveland Detroit and Minneapolis all posted monthly declines of 1.0% or more in October. These markets were some of the strongest during the spring/summer buying season. However, Detroit is the healthiest when viewed on an annual basis. It is up 2.5% versus October 2010.&#8221;  The only metropolitan statistical area to record a positive monthly change was Phoenix, which saw home prices edge up 0.3% from September to October.</p>
<p>See you at the top!</p>
<p>Chris McLaughlin</p>
<p>**************</p>
<p>Copyright Loss Mitigation Institute LLC 2011.</p>
<p>All Rights Reserved.</p>
<p>http://www.shortsalesriches.com</p>
<p>http://www.shortsalescoach.com</p>
<p>http://www.sixfigurebpo.com</p>
<p>http://www.reomillionaireclub.com</p>
<p>http://www.youtube.com/shortsalesriches</p>
<p>http://www.smartrealestatenews.com</p>
<p>(subscribe to this newsletter)</p>
<p>*************************************************</p>
<p>About the author:</p>
<p>Chris McLaughlin is widely known as America’s top</p>
<p>Real Estate Attorney and Investment Consultant.</p>
<p>* As the top Florida foreclosure and pre-</p>
<p>foreclosure expert, he oversees more than</p>
<p>100 short sale &amp; REO closings each month</p>
<p>* Long-time authority on real estate investing</p>
<p>and rapid reselling of distressed homes.  Owns</p>
<p>portfolio of nearly 150 high-value, high-profit</p>
<p>properties</p>
<p>* Owner of one of Florida&#8217;s largest Real Estate firms,</p>
<p>running 4 different offices, supporting over</p>
<p>420 agents, uniquely positioning him to help</p>
<p>thousands of investors make money in the</p>
<p>biggest market opportunity ever!</p>
<p>* In 2010, Chris&#8217; 4 Central Florida real estate offices</p>
<p>closed 2,786 sides for a closed sales volume of</p>
<p>$392,912,927!</p>
<p>* Highly sought-after speaker, consultant, and</p>
<p>seminar leader for current trends and hot topics</p>
<p>in Real Estate Investing, Entrepreneurship, and</p>
<p>Wealth Building</p>
<p>* Follow me on Twitter: http://twitter.com/mclaughlinchris</p>
<p>* Join my Facebook Fan Page: http://www.mclaughlinchris.com</p>
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