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Lenders Make Short Sales Even More Attractive

by admin on June 17, 2011

Smart Real Estate News & Commentary by Chris McLaughlin June 9, 2011

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Lenders make short sales even more attractive

CitiMortgage, the mortgage servicing arm of Citigroup is paying borrowers an average $12,000 after completing a short sale this year.  Justin Rand, the senior vice president of loss mitigation at the bank, said servicers are putting more of an emphasis on streamlining the process and pursuing a short sale ahead of foreclosure. The short sale process in 2009 took an average 120 days from listing to close. But by reaching out to borrowers instead of waiting for them to ask the bank, short sales now take an average 83 days to complete, Rand said at a panel for the REO Expo Conference in Fort Worth, Texas, earlier this week.  “For Citi-held portfolio loans today, we have a little over 16% of delinquent loans in a short sale program,” Rand said, adding that increased from roughly 4% two years ago.

Not only are the timelines shrinking to complete these deals, but the incentives paid to qualifying borrowers – again only on loans owned by Citi – increased in recent years as well.  In early 2009, Citi offered an average $1,500 to qualifying borrowers. That went up to between $3,000 and $5,000 in 2010 and finally up to an average $12,000 so far in 2011, Rand said.  “Incentives will be offered to customers experiencing financial hardship who need funds to proceed with the short sale,” a Citi spokesman said. “The amount, which is agreed upon up front, varies according to the borrower’s individual circumstances and loan characteristics. It is disbursed to the homeowner when the sale is completed.”

The key to a successful short sale, just like modifications, is the timely collection of financial documents. Regulators helped move the process along with guideline changes to programs like the Home Affordable Foreclosure Alternatives initiative, which lessened the amount of documents required.  “It took us about 30 days to collect documentation in 2009 to now less than 10 days,” Rand said. “A lot of the time, for seriously delinquent loans, all we need is just a letter of authorization from the homeowner.”  David Sunlin, the operations executive for short sales at Bank of America (BOA) was on the same panel as Rand. He said the entire industry is becoming more proactive. BOA completed more short sales than REO every month for the last year and a half. The short sale department at BOA grew from 150 people to now over 3,000. Each employee handles roughly 75 cases.  “We’re past the point where we’re bumbling around losing files,” Sunlin said.

Rand said the big shift began in 2009 as the Treasury Department was putting together plans for the HAFA, which would launch in April 2010.  “In 2009, we started a proactive approach, reaching through MLS services and reaching out to real estate agents and customers with underwater mortgages, distressed loans,” Rand said. “We’re not going to turn anybody away if the short sale meets the net requirement we’re looking for.”

IMF lowers outlook for US

In the latest update to its World Economic Outlook, the IMF said it expects the US economy to expand at an annual rate of 2.5% this year and 2.7% in 2012. That’s down from projected growth rates in April of 2.8% and 2.9%.  The US government said last month that the economy grew at an annual rate of 1.8% in the first quarter of 2011, down sharply from 3.1% in the final three months of 2010.  The slowdown in the first quarter was due partly to “transitory factors,” the IMF said, including higher commodity prices, bad weather and supply chain disruptions due to the March earthquake and tsunami in Japan.  The report said “heightened potential for spillovers” from the fiscal challenges facing indebted nations on the periphery of Europe have grown since April. In addition, the IMF pointed to concerns in the financial markets about the slowing US economy.  “If these risks materialize, they will reverberate across the rest of the world — possibly seriously impairing funding conditions for banks and corporations in advanced economies and undercutting capital flows to emerging economies,” the report reads.  The IMF also called on policymakers in advanced economies to come up with “credible and well-paced” plans to bring down long-term deficits.  In the United States, the IMF said it is “critical” to immediately address the debt ceiling, which was exceeded earlier this year and has yet to be raised by Congress.

Olick – foreclosures down, but far from out

“Delays in foreclosure proceedings and a new push by big banks and servicers to find foreclosure alternatives are drawing a new, albeit still troubling picture of the nation’s real estate market.  New notices of default, the first step toward foreclosure, fell to a level in May not seen since the end of 2006, according to a new report by online foreclosure site RealtyTrac. Bank repossessions, or REO, the final stage of foreclosure, also fell on a monthly basis for the second straight month. That pushed total foreclosure activity down 33% from a year ago.  ‘I really wish I could say that looking at a 42-month low in foreclosures action means that the housing market is recovering, and the foreclosure problems are all going away and we should all go about our business and be happy,’ says RealtyTrac’s Rick Sharga. ‘Unfortunately, those would all be lies.’

The numbers have been on a roller coaster since the so-called ‘robo-signing’ foreclosure paperwork scandal that unfolded last Fall.  Now there are big discrepancies in the numbers state to state, depending on which states practice judicial foreclosures and which don’t.  The foreclosure timeline is also increasing as more banks and loan servicers focus on short selling distressed properties, which is when the sale price is less than the value of the mortgage.  REO activity was down 6% overall in non-judicial foreclosure states month-to-month, but some non-judicial foreclosure states posted substantial month-over-month increases.  Bank repossessions jumped 79% in Georgia, 36% in Virginia, and 19% in Michigan.  In judicial states, bank repossessions actually rose 1% month to month, as courts finally begin to get new paperwork and work through lawsuits.  In New York, REO activity jumped a whopping 97% and 21% in New Jersey.

While the usual suspects, California, Arizona and Nevada still lead the nation in foreclosure activity, the pain is still spreading nationwide.  The sheer volume and share of distressed properties in the current market continues to push home prices to new lows since the worst of the housing crash.  Some states may see higher numbers, but the effect is the same.  ‘It’s a little bit like saying that aside from that one unfortunate incident with the iceberg, the Titanic had a really wonderful cruise,’ describes Sharga.  ‘What we’re talking about are really markets that drive a lot of the real estate market, a lot of the economy. And these are states that have had really severe foreclosures. But beyond that, 72% of the top 200 markets saw an increase in year over year foreclosures activity in the last year.’”

ING sells US unit to Capital One

Capital One Financial Corp plans to buy ING Groep NV’s US online bank for $9 billion in cash and stock, freeing the Dutch bank to repay bailout funds and sever its state ties.  ING is in the throes of a wrenching restructuring, forced on it as a condition of a 10-billion-euro state bailout during the 2008 financial crisis.  The European Commission and ING agreed on a restructuring plan in late 2009, the most surprising part of which was a mandate that ING sell its US online banking operations.  But ING has made clear it wants to be freed of its state shackles, as that would lift restrictions on making acquisitions and give it more flexibility on pricing and allow it to compete more easily.  The Capital One deal caps a long list of divestments by the Dutch banc assurer.  It has raised at least 5.4 billion euros from the sale of assets including its Asian private banking assets and insurance operations in Canada, Taiwan, Australia and Chile, and agreed to sell most of its real estate investment management operations to CB Richard Ellis and other parties in a deal worth $1.1 billion.  But it still must complete the sale of ING Direct USA, and spin off its US European and Asian insurance operations in two separate IPOs next year. It also plans to divest its Latin American insurance business in the next few months.  Last month, ING paid 3 billion euros to the Dutch state, which included a 50 percent premium, and said at the time that it would repay the remaining 3 billion euros by May 2012.  With the proceeds from selling its US unit to Capital One, ING could repay the remainder sooner, but Chief Executive Jan Hommen said any decision on early repayment could be dictated by the outcome of a European court case, with a hearing set for next month.

NAR – home prices drop

According to the National Association of Realtors (NAR), the median home sale price in May dipped 1.6% compared to April, down to $188,900, according to one real estate listing website.  , May’s median price was about 2.1% below a year earlier when government tax incentives were still driving consumer demand. The drop in price could be attributable to seller uncertainty of a double-dip in home prices.  “The modest pull-back that occurred in May 2011 could signal seller concerns over widespread reports of a ‘double-dip’ in the housing market based on sales results for the first quarter of 2011,” according to the website Realtor.com. “However, unless there is further retrenchment, the results for the past three months could be viewed as a positive indicator of future home pricing trends.”

Median prices fell in 126 out of 146 markets covered by Realtor.com. Twenty-three markets experienced a more than 5% decline in home price, 14 of which were in Florida. Chattanooga, Tenn. witnessed the largest price drop, down 17.8% between April and May to a median $145,000. That price is down 16.9% compared to May 2010.  As prices fell, sale inventory grew. Realtor.com reported a 3.5% growth in inventory to a total 2.3 million listed properties in May. That figure is down 14.3% compared to one year earlier, however.  The average number of days a home spent on the market decreased to 92 days in May from April. The age of market inventory has been gradually decreasing since the beginning of 2011 and is now roughly equal to the age seen last summer.

See you at the top!

Chris McLaughlin

**************

Copyright Loss Mitigation Institute LLC 2010.

All Rights Reserved.

http://www.shortsalesriches.com

http://www.shortsalescoach.com

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http://www.reomillionaireclub.com

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(subscribe to this newsletter)

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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

    * Follow me on Twitter: http://twitter.com/mclaughlinchris

    * Join my Facebook Fan Page: http://www.mclaughlinchris.com

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5 top lenders may be ready to settle with AGs

by admin on January 4, 2011

Smart Real Estate News & Commentary by Chris McLaughlin January 4, 2011

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5 top lenders may be ready to settle with AGs

The five largest mortgage loan servicers, including Bank of America Corp and JPMorgan Chase & Co, may be the first to settle with 50 state attorneys general who are investigating foreclosure practices, Bloomberg reported, citing Iowa Attorney General Tom Miller.  The attorney-general group expects to reach five separate agreements with the five largest servicers, the news agency said, quoting Miller, who heads the multi-state probe.  Miller could not be immediately reached for comment by Reuters outside regular U.S. business hours.  The other three large servicers are Citigroup Inc, Wells Fargo & Co and Ally Financial Inc.  The group has had at least one face-to-face meeting with representatives from all five of the largest banks and will reach individual settlements rather than a global agreement with the servicers, Bloomberg reported.  Mortgage servicers have come under fire in recent months for abuses of the foreclosure process.  All 50 state AGs formed a joint probe in October to investigate the use of “robo-signers” in foreclosure proceedings.  Ally Financial, Bank of America, Citigroup, JPMorgan and Wells Fargo could not be immediately reached for comment by Reuters outside regular U.S. business hours.

Manhattan real estate flat in 2010

Four of New York’s biggest residential real estate brokers issued Manhattan market reports Tuesday and all indicated that home prices were, essentially, flat during the fourth quarter of 2010.  The median price of a Manhattan apartment fell 5.6% to $840,000 from $890,000 compared with the third quarter, according to market data computed by Brown Harris Stevens and Halstead. Still, they found that prices were up 5% from the previous year.  Prudential Douglas Elliman had prices down 7.5% quarter-over-quarter, to $845,000, and up 4.3% year-over-year.  Corcoran’s figures were down 5% quarter-over-quarter, to $825,000, and up 3% since last year.  A drop from third quarter levels was expected, according to Jonathan Miller, president of Miller Samuel, the top real estate appraisal company in town. It’s a seasonal effect that does not represent a downward trend. Instead, he said, the more appropriate comparison is to the last three months of 2009, which indicated the market is on a small upswing.  Both Miller and Diane Ramirez, Halstead’s president, reported that last quarter’s sales were much more evenly distributed across the price points than they were in the fourth quarter of 2009.  Manhattan has a couple of factors going for it that should help it remain stable over the next year or two.  There have been very few foreclosures in the city because much of the market is cooperative apartments, where residents purchase shares in a corporation that owns the building, and coop boards have historically been much stricter than lenders in evaluating the finances of potential buyers.  Also helping buoy Manhattan prices is a scarcity of new construction. There were only 505 building permits issued during the first 11 months of 2010. In a county of more than 1.7 million residents, that’s a pittance.  The job market in New York is improving as well, with 51,000 private sector jobs created in the 12 months ended Nov. 30. 

Manufacturing up

The Institute for Supply Management’s index for manufacturing activity ticked up to 57 in December. That’s the highest reading since May and up from 56.6 in November.  The reading came in slightly lower than the 57.3 level expected by a Briefing.com consensus of economists. Any reading of more than 50 indicates expansion in the sector, and the index has remained above this mark for 17 consecutive months.  “We saw significant recovery for much of the U.S. manufacturing sector in 2010,” said Norbert Ore, chairman of the ISM Manufacturing Business Survey Committee, in a statement. “The recovery centered on strength in autos, metals, food, machinery, computers and electronics, while those industries tied primarily to housing continue to struggle.”  Strong global demand and a weaker dollar has also helped boost manufacturing activity, said Ore.  New orders and production were bright spots in the latest report, and these components are likely to push the index higher in the first quarter of 2011, he said.  The component for new orders rose to 60.9 from 56.6 in November, while the production measure picked up to 60.7 from 55.  The employment component slowed to 55.7 from 57.5.

States curbing labor unions

Faced with growing budget deficits and restive taxpayers, elected officials from Maine to Alabama, Ohio to Arizona, are pushing new legislation to limit the power of labor unions, particularly those representing government workers, in collective bargaining and politics.  On Wednesday, for example, New York’s new Democratic governor, Andrew M. Cuomo, is expected to call for a one-year salary freeze for state workers, a move that would save $200 million to $400 million and challenge labor’s traditional clout in Albany.  But in some cases — mostly in states with Republican governors and Republican statehouse majorities — officials are seeking more far-reaching, structural changes that would weaken the bargaining power and political influence of unions, including private sector ones.  For example, Republican lawmakers in Indiana, Maine, Missouri and seven other states plan to introduce legislation that would bar private sector unions from forcing workers they represent to pay dues or fees, reducing the flow of funds into union treasuries.  In Ohio, the new Republican governor, following the precedent of many other states, wants to ban strikes by public school teachers.  Some new governors, most notably Scott Walker of Wisconsin, are even threatening to take away government workers’ right to form unions and bargain contracts.  “We can no longer live in a society where the public employees are the haves and taxpayers who foot the bills are the have-nots,” Mr. Walker, a Republican, said in a speech.  “The bottom line is that we are going to look at every legal means we have to try to put that balance more on the side of taxpayers.”

Olick – Bank of America’s detox

“I can’t decide if it’s more like a full-body detox or somehow akin to a new year’s resolution —the part where you recognize what’s wrong in your life and try to fix it, no matter how painful, or, in this case, expensive it may be.  This first Monday of the year, Bank of America announced it paid Freddie Mac $1.28 billion, to extinguish, ‘all outstanding and potential mortgage repurchase and make-whole claims arising out of any alleged breaches of selling representations and warranties related to loans sold by legacy Countrywide to Freddie Mac through 2008.’ That’s about 787,000 loans worth $127 in unpaid principal balance. It also paid Fannie Mae $1.52 billion (or $1.34 billion after figuring in some ‘credits’) for similar issues on close to 18,000 legacy Countrywide loans sold to Fannie Mae worth about $4 billion in unpaid principal balance.  ‘The agreements with Freddie Mac and Fannie Mae do not cover loan servicing obligations, other contractual obligations or loans contained in private label securitizations,’ continues the release.

“Bank of America’s CEO, Brian Moynihan writes that these settlements are all part of the bank’s continuing goals to ‘put these issues behind us.’ Read: Cleanse. This as they ‘focus on serving customers and clients, and continue to help distressed homeowners facing difficult times.’ Read: Resolve.  The GSE’s overseer, the FHFA, put out a release approving these settlements as well as another one with Ally Financial that was done a few weeks earlier. ‘Combined, the agreements provide $3.3 billion in recovery to the Enterprises and, thereby, to taxpayers,’ writes FHFA Acting Director Edward J. DeMarco in a release.  DeMarco has been hard-charging against the banks, issuing 64 subpoenas to several institutions last summer, seeking documents related to private-label mortgage-backed securities in which the GSE’s had invested. He is also supposed to be replaced by North Carolina banking commissioner Joseph Smith, but Senate Republicans may be blocking the nomination (don’t have space to get into that here, but it’s kind of related). 

So all this feels very cleansing, and the markets apparently see it that way as well. Bank of America is rallying today. As my CNBC colleague Mary Thompson reported, analysts ‘like the news because it puts a number on the GSE’s liabilities.’ She also quotes analyst Paul Miller of FBR Capital Markets: ‘It means it takes one of the big overhangs away from the stock even though you have the private label discussions out there, and also you have the robosigning and all of that.’  Private label investors are still going after the big banks, and, as Thompson reports, B of A’s CFO Charles Noski admits that another steep dip in home prices could require ‘additional provisions’ with the GSEs.  Still, investment bank KBW decided to lower its estimate of banking industry losses over loan buy backs from $57 billion to $33 billion. KBW figured that the GSEs agreed to a very low percentage of the unpaid principal balances, so banks would lose 41 percent less, if this is a ‘reasonable template for potential losses related to GSE loans for the industry as a whole.’ They, too, continue to be concerned about the private label MBS.  And with that I wish my fellow bloggers and followers a very Happy New Year, and very strong stomach to weather what is likely still to come.”

Mortgage market underestimating looming defaults?

Amherst Securities Group said the market is not taking into consideration the high likelihood of potential defaults on performing or re-performing mortgages when estimating future losses on these loans.  Mortgage-backed securities analysts at the fixed income dealer took a look at $1.3 trillion in outstanding nonagency mortgages from a year ago to see how they’re doing as of November 2010. They found that the $485 billion of nonperforming loans, those more than 60 days delinquent, dropped to $414 billion through either modification or liquidation.  However, Amherst said that bucket alone does not detail the lurking risk. Re-performing borrowers stand a very good chance of redefaulting, according to Amherst. For the Home Affordable Modification Program, alone, the Treasury Department has estimated a 40% redefault rate. 

Borrowers classified as performing could very well be underwater with home prices dropping so far from their peaks in 2006. Across all loan products, 9.9% of the mortgages pre-paid, compared to 13.7% that went into default.  “Thus, even in a year with low mortgage rates at generational lows, more loans that had never before missed two payments transitioned to default than pre-paid,” Amherst said. “No matter how you look at it, borrowers with substantially negative equity are very vulnerable to default.”  Analysts concluded that simply looking at the amount of delinquencies will not give the market a safe estimate of what future losses might be.  “By focusing only on delinquent loans, the market is underestimating the size of the housing problem and the potential losses to bondholders if further policy actions are not taken,” Amherst said.

Now for our real estate education section…

The SAFE Act Update

The SAFE Act of 2008, aka the Secure and Fair Enforcement for Mortgage Licensing Act, requires registration of residential mortgage loan originators beginning January 31, 2011 and be completed by July 2011. As recent events surrounding mortgage documentation demonstrate, the need for reliable yet secure documentation is essential including confidence in mortgage originators. However, as of late December 2010, official documentation regarding the registration and full implications of the SAFE Act have yet to be clarified but a few things are certain…the SAFE Act revision is expected to dramatically impact the requirements to become a mortgage originator.

Who is Impacted?

The SAFE Act update requires all mortgage loan originators employed by an agency regulated institution to register with the Nationwide Mortgage Licensing System and Registry (aka “The registry”).

What is Involved in Registering?

Loan originators must provide fingerprints and other identifying information in order to comply with a full background check. A unique identifier will then be assigned to each loan origination officer.

How to Determine if Your Loan Broker is Up-to-Date

Simply ask your loan officer for their unique identification number; they are required by law to provide the number to consumers upon request. The identification numbers also allow consumers to review prior rulings, violations and other issues once the full database is implemented.

How Do I Access the Registry?

The registry is not yet available but can be accessed by visiting the NMLS Resource Center at http://mortgage.nationwidelicensingsystem.org/fedreg/Pages/default.aspx. It will become fully operational and begin accepting applications by January 2011.

How Much Does it Cost?

The final fees have yet to be determined as of this writing but it is anticipated there will be a $30 to $60 processing fee applied contingent upon registration date. Change of employment status will also require a $30 update fee as well as an annual renewal rate in addition to background check and fingerprint fees.

Where Can I Learn More?

The view the final ruling or learn more about the SAFE Act Update, visit http://www.ffiec.gov/safeact.htm.

See you at the top!

Chris McLaughlin
**************

Copyright Loss Mitigation Institute LLC 2010.

All Rights Reserved.

http://www.shortsalesriches.com
http://www.shortsalescoach.com
http://www.sixfigurebpo.com
http://www.reomillionaireclub.com
http://www.youtube.com/shortsalesriches 

http://www.smartrealestatenews.com (subscribe to this newsletter)

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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 100 high-value, high-profit
     properties
    * Owner of one of Florida’s largest Real Estate firms,
     running 4 different offices, supporting over
     400 agents, uniquely positioning him to help
     thousands of investors make money in the
     biggest market opportunity ever!
    * Highly sought-after speaker, consultant, and
      seminar leader for current trends and hot topics
      in Real Estate Investing, Entrepreneurship, and
      Wealth Building
    * Follow me on Twitter: http://twitter.com/mclaughlinchris
    * Join my Facebook Fan Page: http://www.mclaughlinchris.com

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Home prices post their first monthly gain in 3 years

by Chris McLaughlin on July 29, 2009

Home prices post their first monthly gain in 3 years

Real Estate News & Commentary by Chris McLaughlin, July 28, 2009

http://www.shortsalesriches.com

* Follow me on Twitter: http://www.twitter.com/mclaughlinchris

Note from Nathan J.:

Be sure to sign up for my REO Rockstar webinar this Tuesday

night…it will be full webinar so grab your spot now:

https://www2.gotomeeting.com/register/556999362

Home prices post their first monthly gain in 3 years

homepricesupThe Standard & Poor’s/Case-Shiller index, which measures movement of home prices in 20 major U.S. cities, rose 0.5% in May from April, the first monthly gain since June 2006. Analysts say that the housing market is showing signs of stabilization. “The housing market looks like it has found a floor and we may be on the way to some kind of gradual improvement,” said Ken Mayland, president of ClearView Economics. “After three years of this nasty housing recession, I think we’ve got to be pleased with such an improvement in a relatively short period,” said Harm Bandholz, economist at UniCredit Research.

Analysts feel that unless there is improvement in employment, home prices will not rebound. According to the Federal Reserve, household net worth dropped by $13.9 trillion in the first quarter of this year on account of drop in home prices and stocks. Homebuyers’ confidence has been hit and many have deferred their decision to purchase homes. “We are preparing for this recovery to take a while to pick up steam,” said Frits van Paasschen, chief executive officer of Starwood Hotels & Resorts, the third-largest U.S. lodging company.

Lenders prefer foreclosure to loan modification in certain cases

lenderspreferforeclosureThe government program for preventing foreclosures is not in the best interest of lenders in all cases. If a borrower is likely to default even after participating in mortgage modification program, the lender is better-off opting for foreclosure. Michael Fratantoni, vice president at the Mortgage Bankers Association, said: “There is going to be this narrow slice of borrowers for which modifications is the right answer.” Fratantoni said it is tough to estimate the size of that slice and “the industry and policymakers have been grappling with that.” According to a study conducted by the Federal Reserve Bank of Boston, about a third of the borrowers who miss 2 payments can get back on track without help from their lender.

“These are the people who will get a second job, borrow from their family to keep up,” said Paul Willen, a senior economist at the Federal Reserve Bank of Boston. “From a cold-blooded profit-maximizing standpoint, these are the people the banks will help the least.” Michael Barr, assistant Treasury secretary for financial institutions, while commenting on the mortgage modification program, said: “We will continue to refine the program as new data becomes available. We are committed to studying the effectiveness and efficiency of the program, and we welcome outside analysis.”

Government mulls more housing sops for troubled homeowners

With foreclosures rising, the Obama administration officials are set to meet this week to discuss new initiatives to help homeowners. Rising unemployment is impacting the effectiveness of the administration’s current foreclosure prevention program. “Unemployment is making the job of doing loan modifications more difficult,” William Apgar, a Housing Department senior adviser, told a congressional committee last week. “We are exploring other options related to how to provide assistance to unemployed folks.” According to RealtyTrac, over 1.5 million homes received at least one foreclosure filing in the first half of 2009.

Unemployment accounts for a large number of foreclosures. The loan modification program introduced by the administration has not been effective so far for a variety of reasons including operational problems. “Loan modifications will not reduce by any sizable amount the number of homes going into foreclosure,” said Morris Davis, an assistant professor at the Wisconsin School of Business. Experts feel that a new foreclosure prevention program may not find favor with lawmakers given the low success rate of existing program. “Any measures taken to help people avoid foreclosure will only prolong the pain by using taxpayer money to prop up unsustainable mortgages,” said Kurt Bardella, press secretary for California Rep. Darrell Issa. “The best thing we can do for the unemployed is adopt policies that will create jobs,” Bardella said.

Were senators given special mortgage deals by Countrywide?

countrywideIn a secret testimony to Congress, an official of Countrywide Financial Corp. has said that Senators Kent Conrad (D-N.D.) and Chris Dodd (D-Conn.) received favored treatment from Countrywide. Dodd, who heads the Banking Committee, got 2 mortgages from Countrywide in 2003, while Conrad, who heads the budget Committee, got 2 Countrywide mortgages in 2004. “You don’t say ’no’ to the VIP,” Robert Feinberg, the Countrywide official, told Republican investigators for the House Oversight and Government Reform Committee.

Both senators were part of the “friends of Angelo” program. Angelo Mozilo, the former chief executive of Countrywide, has been charged with civil fraud and illegal insider trading by the Securities and Exchange Commission. Feinberg could face criminal prosecution if his statements are found to be incorrect. Feinberg’s testimony is at odds with the senators’ assertions that they did not receive any special treatment from Countrywide. The ethics committee would determine whether the senators violated standards of conduct. The committee could recommend a censure vote by the Senate, if it finds the senators’ conduct inappropriate.

Precipitous drop in private equity deal flow

From $131 billion in the first half of 2008, deal size in the private equity industry dropped to just $24 billion in the first half of 2009; this is the lowest since 1996. Large players such as KKR, Blackstone and Bain Capital have been quiet in the last 6 months. According to private equity research firm PitchBook, private equity players have $400 billion available for investment. Then why aren’t investments happening? Experts say that the industry is still digesting deals executed in the past and do not have appetite for new deals.

“The business has changed radically,” says John Howard, head of Irving Place Capital. “What was essentially a business of creating financial options is becoming more concerned with growth and enhancing profitability.” Two-thirds of players in the industry believe there will be no improvement in the environment till next year. “The environment has changed, and the holding period is expected to be a lot longer,” says James Quella, Blackstone’s senior managing director. ”

Now on to our real estate investor education section…

Top 10 Reasons Realtors Hate Short Sales & Why You Should Love Them!

Many realtors hate short sales but like the old adage – one person’s problem is another’s opportunity. Once you learn the inside secrets to short sales success, these top ten reasons most realtors avoid working with short sales will become your best opportunity to build wealth. Learn, Listen and then take steps to act…

  1. Waste of Time. The majority of realtors have never taken the time to truly learn how to properly handle short sales. They typically spend a lot of time and effort on one property only to see the deal fall through. Of course, information is power especially when it comes to short sales. Educate yourself and learn how to work smarter not harder.
  2. Government Involvement. Once again, the perception of ‘red tape’ frightens away those without a system in place to process all that paperwork.  Fortunately, our short sale system provides exactly the system you need to tackle red tape with ease.
  3. Legal/Attorney Involvement. Because legal fees must be paid whether the property sells or not, this is a cost most brokers shun. Fortunately, it works both ways. Our short sales package was designed by a legal mind – making it less likely you will encounter extensive legal fees or consultations. Why recreate the wheel when you can have it all right from the start?
  4. Hours on the Phone. Plain and simple if you are spending all day long on the phone trying to deal with lenders, you simply don’t have the right tools or information. Again, let misinformation and failure to properly plan or invest into short sales education work FOR – rather than against – you while others run away from the profit potential of short sales.
  5. “5 times the work for half the pay”. Some brokers have been at the short end of an unpleasant surprise when lenders discount commission’s right before closing. If sloppy paperwork is your problem then get the help you need to seal the deal rather than walking away from nearly half of all properties on the market today.
  6. Don’t like to play tough or “be the bad guy”. When times are great and properties go for full price, selling is simple. You show the property and viola’…instant income. However, some realtors and others are uncomfortable actually negotiating. It separates the “men from the boys” so start negotiating or sit on the sidelines while others rake in the profit.
  7. Bank woes. Yes, by now we all know the bank might misplace paperwork or require additional documentation but once again, that is why it is essential to have a time tested process in place before making your first offer.
  8. “Buyers get frustrated and walk away”. Well heck yes – especially if they are dealing with a realtor who spends months on one property, takes hours each week to deal with paperwork that should be automated, doesn’t like to negotiate and then eventually doesn’t close on the deal!
  9. Stuck in the middle…once again, this is what realtors do…those that do it best go on to reap the rewards of learning how to communicate and negotiate a ‘win-win’ for all involved. Sellers, buyers and banks each are important stakeholders that require different needs to be met for the deal to work. Learn how to structure the deal for success straight from the start.

10.  Feeling of helplessness. Many agents believe there is nothing they can do to speed up the process. While it’s not possible to control every step along the way, there certainly are many things that can be done to assure a successful outcome and smooth purchase. Get informed and don’t fall for the common fallacies keeping millions of realtors from profiting from short sales.

See you at the top!
Chris McLaughlin

http://www.shortsalesriches.com

Copyright Loss Mitigation Institute LLC 2009.

All Rights Reserved.

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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 100 high-value, high-profit
properties
* Owner of one of Florida’s largest Real Estate firms,

running 4 different offices, supporting nearly

450 agents, uniquely positioning him to help

thousands of investors make money in the

biggest market opportunity ever!
* Highly sought-after speaker, consultant, and
seminar leader for current trends and hot topics
in Real Estate Investing, Entrepreneurship, and
Wealth Building
* Follow me on Twitter: http://twitter.com/mclaughlinchris
* Add me on Facebook: http://www.facebook.com/mclaughlinchris

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PMI is not necessarily the enemy in a short sale

by Chris McLaughlin on August 29, 2008

If your client is considering a deed in lieu of foreclosure, PMI would prefer another method.  Why?  Because PMI believes that because “[A]pproval of a deed in lieu of foreclosure results in a Claim is made, PMI usually limits approval to truly exceptional circumstances, such as permanent disability, fatal illness or death.”

What is included in the actual PMI payoff is interesting. For example, attorneys fees are capped at the less of the actual amount or 3% of the unpaid principal balance + allowable past due interest.  Real estate taxes and hazard insurance are only recoverable from the default date to the claim filing date.  What’s not allowed? Late charges for Homeowner Associations and tax penalties.  And any judgments or liens placed on the property.

Just like a good insurer, there are plenty of reasons that PMI will deny a lenders’ claim.  These include:
1)    Not-perfected: All the documents necessary to perfect the Claim have not been received and PMI requested them in writing on 3 separate occasions and 60 days has elapsed since the claim;
2)    When a Property is occupied and an eviction is in process, PMI may close the file without payment until they can obtain access to the property.

For those investors and realtors currently negotiating short-sales, I see PMI as a breath of fresh air. Why?  It gives us additional leverage … if the loss mitigator isn’t responding, we can jump over their head to the PMI company.  PMI companies are all about saving money, so short sales make only too much sense.  And PMI companies require banks to mitigate in order to get paid.

So, make sure this knowledge is one more weapon in your short-sales arsenal, and have a great weekend!

-Chris McLaughlin

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FHA Refinance Program — What’s the big deal?

by Chris McLaughlin on August 22, 2008

My phone has been buzzing … people want to know: what is the deal with this new FHA reform? Will it actually save folks from foreclosure? And how does this impact the house that I currently am attempting a short sale on?

Well, first of all the government, in their infinite wisdom, had to make this more complicated than necessary. There are all kinds of caveats, payback provisions, etc. and it is less than clear how many people will be helped. Most analysts are putting the estimate at under 500,000. While that number might seem significant, consider that we’ll probably have north of 5 million people in foreclosure by the end of 2009.

The highlights of Title IV of H.R. 3221 – Hope For Homeowners Program:

Qualified borrowers would get a new FHA 30-year fixed mortgage at 90% of appraised value and the lenders will have to take a haircut of 85% of the fair market value (FMV). Does 85% of FMV sound familiar? That’s the general rule of thumb for short sales. Borrowers would then have to share 50% of all future appreciation with FHA; so when they sell, they only get to keep 50% of the profit. The loan limit is $550,440 nationwide and the program goes into effect October 1, 2008.

What are the caveats?  More on this over the weekend.

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