Smart Real Estate News & Commentary by Chris McLaughlin February 13, 2012
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Bloomberg – foreclosure deal falls short but worth the wait
In any out-of-court settlement for alleged wrongdoing, the test of whether prosecutors got a good deal rests on the answers to three questions: Does it hold the miscreants accountable? Does it make victims whole? And does it prevent similar misconduct in the future? Thursday’s $25 billion agreement by five banks to end a 16- month investigation of abusive foreclosure practices fails on the first two counts. And we won’t know for some time whether it is successful on the third. Nonetheless, the deal is in the country’s interest because it clarifies the liabilities of banks that filed bogus court documents to speed up repossessions. That could clear the clogged foreclosure process and, more importantly, help bring a moribund real-estate market back to life.
The banks — Bank of America Corp., Wells Fargo & Co., JPMorgan Chase & Co., Citigroup Inc. and Ally Financial Inc. (the five largest home-loan servicers) — have committed to spend the bulk of the $25 billion on reducing the principal owed by at-risk homeowners. Smaller amounts will go to people who already lost their homes or are in the foreclosure process. The settlement could help as many as 2 million borrowers, including many whose mortgages are underwater. Cash payments of up to $2,000 will go to those whose homes were repossessed from September 2008 to December 2011. Since 2007, about 4 million families have lost their homes or are about to, and an additional 11 million owe about $750 billion more on their mortgages than their homes are worth. Even taking into consideration that some borrowers acted irresponsibly and don’t deserve compensation, the settlement amount is a pittance.
The deal does have teeth. It calls for an outside monitor and for heavy penalties if banks don’t make good on their commitments. More important, banks will be given credit only for what they actually accomplish for homeowners — and not for any refinancing offers that borrowers refuse. This rightly gives the victims some leverage. If a bank falls short of its agreed benchmarks, it must pay the difference plus a penalty. And it must meet all its obligations in three years. The settlement also reverses the banks’ incentives to foreclose on families rather than keep them in their homes with loan forgiveness. Until now, banks had been loath to reduce principal amounts because it meant recognizing losses on their balance sheets. This deal awards more credit for principal reduction and less for lowering interest rates or extending payment terms. Banks have calculated that the settlement is in their interest, even though it means they may have to continue paying huge mortgage-related litigation costs.
The deal enables them to predict their legal exposure. Even better, it could help the housing market recover. Banks own outright almost half a million homes and have 2 million more in various stages of foreclosure. Such so-called shadow inventory has been a drag on the market, which after six years remains depressed, holding back the overall recovery. With this settlement, banks can clear out their backlog of stalled foreclosures. In the short run, that may drive prices down even more, but it will also help the housing market find its natural bottom faster. Only then can home prices, which have fallen by more than a third since 2007, begin to rise again. Borrowers can finally start to rebuild equity. Once banks reduce their real-estate inventory, and their balance sheets recover, they’ll be able to loosen up home- lending standards to create new mortgages. If this is the result of a less-than-satisfactory legal settlement, it will have been worth the wait.
Obama’s budget to raise taxes, keep spending
Obama’s fiscal 2013 budget proposal to Congress will defer significant cuts in the deficit until the economy is securely back on track, a priority as he seeks re-election in November, while outlining measures to shrink that funding gap over time. “I think there is pretty broad agreement that the time for austerity is not today,” new White House chief of staff Jack Lew, the president’s budget director until a few weeks ago, told NBC’s “Meet the Press” on Sunday. Obama will repeat a demand for millionaires to pay a minimum tax rate of 30%, named after billionaire investor Warren Buffett, and identify $4 trillion in deficit reduction over 10 years that broadly mirrors a plan he laid out in September. The budget projects a deficit of $901 billion in 2013, representing 5.5% of gross domestic product (GDP), down from $1.33 trillion, or 8.5% of GDP this year, White House officials say. Obama pledged back in 2009 to have cut the deficit in half by next year, but his budget does not anticipate getting it back under 3% of GDP until 2018. Overall, the budget proposes raising $1.5 trillion over a decade through higher taxes, with around half coming from allowing tax breaks for families earning more than $250,000 a year to expire at the end of 2012 — a longstanding Obama administration goal.
Republicans say Obama uses gimmicks to massage the deficit numbers, pointing to savings from winding down wars in Iraq and Afghanistan, which they complain amounts to counting funds that were never going to be spent. His budget is likely to be declared a non-starter by Republicans too, in control of the US House of Representatives, who point out that the president is a tax-and-spend liberal. They warn that tax hikes will kill jobs while doing nothing to halt the climb in the crushing level of national debt. “We’re taking responsibility for dealing with the drivers of our debt,” said Republican Paul Ryan, chairman of the House Budget Committee. “Unfortunately, the president and his party’s leaders — they’re not a part of this conversation,” he told ABC News’ “This Week” on Sunday.
Olick – private homebuilders, dead men walking
“One of the biggest impediments to housing’s recovery is credit, tight credit. The Chairman of the Federal Reserve, Ben Bernanke, said in a speech to the National Association of Home Builders today: ‘Current lending practices appear to reflect, in part, obstacles that are limiting or preventing lending even to creditworthy households.’ While the Fed chairman talked a lot about the credit barriers for homebuyers, he did not discuss the credit crunch for homebuilders. Last year was the worst on record for the nation’s builders, in sales and starts, but demand is slowly returning, and the concern is that when demand really surges in the coming years, there will be too little supply to meet it. ‘There will be a shortage that will create inflation,’ says Wade McGuinn, of South Carolina’s McGuinn Homes. With acquisition and development (A and D) loans from the big banks gone, the only way for builders to finance new development now is through private equity, smaller community/regional banks or self-financing. That last one gives the big public builders a huge advantage, as they have been stockpiling billions of dollars in cash during the housing downturn.
Not so for the smaller private builders, who have downsized dramatically and built individual homes to order. Now that demand is coming back, McGuinn says the big builders are inhaling lots, some developed, some not, and outbidding the smaller builders at every turn. He likens it to when Main Street retailers were taken out by the likes of Wal-Mart Stores and Target. ‘A lot of private guys here today who think they’ve survived the worst of it, they don’t know it yet, but they’re dead men walking,’ he said. McGuinn says federal regulation of the banking industry has gone too far, and it’s locking out the little guys. Big builders with big cash continue to gain market share and will be way out ahead when home buying demand does finally come back toward the middle of the decade. Homebuilding used to be the No. 1 family-owned business sector in America, with restaurants a close second; that may already be part of history.”
Construction jobs are a quarter of Q4 mass layoffs
The Department of Labor reported 528 mass layoffs in the construction segment, impacting 66,110 workers this week. Construction cuts alone represented 32% of mass layoffs over the final three months of 2011. Most of those job losses were attributable to the end of seasonal construction activity in an already anemic building market. Overall, employers in the fourth quarter began 1,638 layoffs, leading to the dismissal of 266,971 employees, the Bureau of Labor Statistics said. When comparing the most recent fourth quarter to a year earlier, the Labor Department noted a decline in layoffs, with the government reporting 1,999 layoff events, impacting 338,643 workers, in the 2010 fourth quarter. Mass layoffs grew to 1,638 cuts in 4Q from 1,393 in the third quarter. Still, 3Q cuts displaced more workers, with 289,330 losing their jobs during that period. The Bureau of Labor Statistics concluded, “The construction and the accommodation and food services sectors experienced the largest declines in the numbers of worker separations over the year. Fourteen of the 21 manufacturing subsectors experienced over-the-year decreases in the number of layoff events.”
Gas up to $3.51 per gallon
The average price for a gallon of gasoline in the United States rose nearly 12 cents in the past three weeks to about $3.51, due in part to higher prices for North Sea crude oil, according to the nationwide Lundberg Survey. The national average for a gallon of regular gasoline rose 11.57 cents to $3.5101 as of February 10, the survey of about 2,500 gasoline stations in the continental United States found. That was a greater change than the 3.5-cent rise in the previous survey, which covered the two weeks that ended January 20. Survey editor Trilby Lundberg told Reuters that the higher prices came as the price for North Sea Brent crude rose more than $7 per barrel. Brent prices are more volatile and sensitive to changes in the Middle East than is US crude. One barrel holds 42 gallons. Lundberg said US pump prices will likely rise a few more cents in the short-term because retailers have yet to pass along all of the recent wholesale price increases. Among cities covered by the survey, the lowest average price was in Denver at $3.01 per gallon. The price was highest in Long Island suburbs of New York, at $3.82. The price difference is largely because of taxes, Lundberg said.
Investors plead guilty to bid rigging
Three Northern California real estate investors agreed to plead guilty to forming a conspiracy to rig bids at foreclosure auctions, the Department of Justice Financial Fraud Enforcement Division said last week. Charges were filed in the US District Court for the Northern District of California against Barry Heisner of Brentwood, Calif.; Dominic Leung of Alameda, Calif.; and Hilton Wong of San Ramon, Calif. The investigation into auction bid-rigging in North California has resulted in 20 plea agreements thus far.
The Department of Justice says the three defendants conspired with others to obtain favorable auction selling prices by agreeing not to bid against each other in certain circumstances and by selecting a winning bidder for each auction item in advance. Authorities say the defendants carried out these activities at various real estate auctions, spanning from August 2008 to January 2011. Authorities claim Heisner, Leung and Wong also committed mail fraud by fraudulently acquiring title to properties sold at public auctions and then by holding second, private auctions open only to members of the conspiracy. The properties selected were then given to the conspirators who submitted the highest bids. Some of the violations related to the uncompetitive practices are breaches of the Sherman Act, which carry a maximum penalty of 10 years in prison and a $1 million fine. Each count of conspiracy to commit mail fraud carries a maximum sentence of 30 years in prison and a $1 million fine. The FBI and the antitrust division have been working on California auction rigging cases for the past year. In October, two real estate investors pleaded guilty to bid rigging in the counties of Contra Costa and Alameda.
See you at the top!
Chris McLaughlin
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About the author:
Chris McLaughlin is widely known as America’s top
Real Estate Attorney and Investment Consultant.
* As the top Florida foreclosure and pre-
foreclosure expert, he oversees more than
100 short sale & REO closings each month
* Long-time authority on real estate investing
and rapid reselling of distressed homes. Owns
portfolio of nearly 150 high-value, high-profit
properties
* Owner of one of Florida’s largest Real Estate firms,
running 4 different offices, supporting over
420 agents, uniquely positioning him to help
thousands of investors make money in the
biggest market opportunity ever!
* In 2010, Chris’ 4 Central Florida real estate offices
closed 2,786 sides for a closed sales volume of
$392,912,927!
* Highly sought-after speaker, consultant, and
seminar leader for current trends and hot topics
in Real Estate Investing, Entrepreneurship, and
Wealth Building
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