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Smart Real Estate News & Commentary by Chris McLaughlin February 20, 2012

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New bill to speed up short sales

Senators Lisa Murkowski, Scott Brown, and Sherrod Brown are proposing a bill requiring mortgage lenders to make a prompt decision on whether to allow a short sale at the request of a home buyer. The bill, “Prompt Notification of Short Sales Act,” will require a written response from the lender no later than 75 days after the receipt of the written request from the buyer. This bill will require that the lender’s written response to the buyer must specify whether the request was approved, if more time is required, and, if they do need more time, the servicer must estimate a date a decision will be reached. The loan servicer is limited to one extension no longer than 21 days. This will give the distressed homeowner a more definite timeline for when the short sale will be completed so they can plan their move better.

Back in April 2011, Representatives Thomas Rooney of Florida and Robert Andrews of New Jersey introduced a similar version of the bill but it never came up for debate before a House committee before the legislative session ended. The previous version said that that if a borrower submitted a written request for a short sale of a home and if they didn’t receive a written response within 45 days, the request would be considered approved. This new version extends the response time for lenders but includes a penalty if they fail to comply. If the loan servicer doesn’t respond to a buyer’s request within the 75 day period, the buyer may be awarded $1000, plus reasonable attorney fees, per violation of the Act (this Act does not apply to mortgages where the borrower and the servicer have entered into a written agreement before the date of the enactment of this Act). The new bill would hold banks accountable to specific standards that they must follow, streamlining the process for everyone involved in the short sale transaction. It would make short sales more attractive to buyers and eliminate the uncertainty related to buying a short sale, resulting in more sales of distressed properties. This reduction of housing inventory will assist the stabilization of home prices and the real estate market.

Greece – again

Euro zone finance ministers are expected to approve a second bailout for Greece today to try to draw a line under months of uncertainty that has shaken the currency bloc, although work remains to be done to make the numbers add up. Diplomats and economists say they do not expect the package to resolve Greece’s economic problems. That could take a decade or more, a bleak prospect that brought thousands of Greeks onto the streets to protest against austerity measures on Sunday. French Finance Minister Francois Baroin said all the elements were in place to reach an agreement and Greek Finance Minister Evangelos Venizelos said he expected a deal. The finance ministers are scheduled to meet at around 1500 GMT. Euro zone ministers need to agree new measures to make the financing work, given the ever-worsening state of the Greek economy. But they say an agreement on Monday will help restructure Athens’ vast debts, put it on a more stable financial footing and keep it inside the 17-country euro zone. Senior Greek finance ministry and European Central Bank officials held a conference call on Sunday to go over the final details of the 130-billion-euro ($171-billion) program, including a report assessing the likelihood of Greece lowering its debt which is critical to the International Monetary Fund. While there is skepticism in Germany and other countries that Greece will be able to meet its commitments, including implementing 3.3 billion euros of spending cuts and tax increases, officials said momentum was building for a deal.

Olick – fewer foreclosures mean lower prices?

“For years now we have been harping on how distressed home sales put downward pressure on home prices all around them. Close to twelve million borrowers are now in a negative equity position on their homes because so many other borrowers were unable to afford their mortgages. The logical assumption would then be that as foreclosures ease, organic home prices will rebound. But what if the current, unique state of the housing market turns that assumption on its head? Foreclosure sales now make up a full one third of the market nationally and far higher percentages in states like California, Florida, Nevada, and Georgia. The supply of these properties has actually been dropping, pushing prices higher, even in the distressed category. There is huge investor and first-time home buyer demand for distressed properties at the low end of the market, and that has helped stabilize prices. ‘We believe the distressed part of the housing market has already bottomed,’ said Morgan Stanley analyst Oliver Chang on CNBC’s Squawkbox. ‘The bid that we see from the investor is the reason for this bottom.’ He sees further declines in organic home prices. Why?

Banks have been very slow to release their repossessed (REO) inventory onto the market, not to mention that foreclosure processing delays have literally millions of properties still sitting in foreclosure limbo. There is a dwindling supply of foreclosures and rising investor demand. Analysts keep pointing to overall falling inventories, but the current existing home sales pace doesn’t account for that drop. The fact is that with so much of the supply distressed, and so few organic sellers putting their homes up for sale, the inventory drop is artificially skewed to the recent lack of movement in foreclosures and a crisis of confidence among potential organic home sellers. Okay, so what about the fact that banks are ramping up the process now, which could put more properties on the market? That could boost supply, were it not for a new government program to sell foreclosures in bulk to large investors. Chang says over $1 billion in investor capital has been raised over just the past six weeks to take advantage of this new program, and he claims this could add up to 1.8 million jobs. Property managers, renovators, rental agents, he says would benefit from these bulk rental investments.

Mortgage analyst Mark Hanson, however, disagrees. He claims that individual investors will likely spend more on upgrades/renovations than bulk investors and will then sell to owner-occupants at a higher price, thereby not only stabilizing but increasing overall home values, while also juicing jobs. ‘Due to epidemic effective negative equity (not having enough equity to pay a Realtor and put a down payment on a new house) the repeat buyer cohort has been cut in half since 2007. They now make up the minority of national resales,’ says Hanson. ‘Investors and first-time buyers ARE the real estate market,’ he adds. ‘Investors and first timers want REO and short sales. Anything done to prevent the flow of distressed property will hurt the volume of existing home sales and all of the economic benefit that comes along with them. An REO-to-rent program will bring about record lows in monthly existing home sales volume. And volume precedes price.’ Hanson believes that when the distressed supply is choked off, by selling REO in bulk to rent, not re-sell, then the only thing you have left is meager organic sales. ‘The housing market will implode,’ he adds.

Yes, lower supply, in a normal market, would generally mean a return to home price appreciation, but that’s not the way today’s market is working because organic demand is still so weak and is hampered by tight credit. There is even less demand for mid- to higher-priced homes. ‘$200K to $300K is the new normal for home builders,’ says Rick Palacios of John Burns Real Estate Consulting. ‘Since new home prices peaked in 2007, new single-family sales of over $500K have been more than cut in half, dropping from 13% to just 6% of all new home transactions. The existing home market is much the same, with the bulk of sales and demand in the very low price tiers. It just goes to show that in the historic recovery from an historic housing crash, the usual rules just don’t apply.”

Iran drives oil higher

Oil prices jumped to a nine-month high above $105 a barrel on Monday after Iran said it halted crude exports to Britain and France in an escalation of a dispute over the Middle Eastern country’s nuclear program. By early afternoon in Europe, benchmark March crude was up $1.91 to $105.15 per barrel in electronic trading on the New York Mercantile Exchange. Earlier in the day, it rose to $105.21, the highest since May. The contract rose 93 cents to settle at $103.24 per barrel in New York on Friday. Markets in the United States are closed Monday for the Presidents Day holiday. Iran’s oil ministry said Sunday it stopped crude shipments to British and French companies in an apparent pre-emptive blow against the European Union after the bloc imposed sanctions on Iran’s crucial fuel exports. They include a freeze of the country’s central bank assets and an oil embargo set to begin in July. Iran’s Oil Minister Rostam Qassemi had warned earlier this month that Tehran could cut off oil exports to “hostile” European nations. The 27-nation EU accounts for about 18 percent of Iran’s oil exports.

The EU sanctions, along with other punitive measures imposed by the U.S., are part of Western efforts to derail Iran’s disputed nuclear program, which the West fears is aimed at developing atomic weapons. Iran denies the charges, and says its program is for peaceful purposes. Analysts said Iran’s announcement would likely have minimal impact on supplies, because only about 3 percent of France’s oil consumption is from Iranian sources, while Britain had not imported oil from the Islamic republic in six months. “The price rise is more a reflection of concerns about the further escalation in tensions between Iran and the West,” said commodity analyst Caroline Bain of the Economist Intelligence Unit. “Banning the tiny quantities of exports to the U.K. and France involves very little risk for Iran — indeed quite the opposite, it catches the headlines and leads to a higher global oil price, which is something Iran is very keen to encourage.”

Mortgage-backed bonds making a comeback

Some Wall Street investors made money as the mortgage market boomed; others profited when it fell apart. Having reaped big gains during both of those turns, Greg Lippmann, a former star trader at Deutsche Bank, is now catching the next upswing: buying the same securities built from mortgages that he bet against before the financial crisis erupted. Mr. Lippmann is joined by other big-money investors — mutual funds like Fidelity as well as hedge funds — in riding a wave of interest in the same complex loan pools that nearly washed away the financial system. The attraction is the price. Some mortgage bonds are so cheap that even in the worst forecasts, with home prices falling as much as 10 percent and foreclosures rising, investors say they can still make money. “Given its significant underperformance in 2011, we believe the product is as cheap to broader markets as it has been in a long time,” Mr. Lippmann, whose portfolio is heavy with subprime mortgage securities, wrote in a recent letter to investors.

Yet the tide could turn again and wipe out investors. Chief among the risks is Europe: the Continent’s banks still hold a significant amount of United States mortgage securities, and if they are forced to sell assets, it could wreak havoc on the market. Washington is a question mark, too. If banks have to pay for loans they issued under dubious circumstances, it would be a home run for investors, who could receive full payment for a mortgage in a security they bought at a discount. But if borrowers whose houses are worth less than their mortgages are able to reduce their principals on a large scale, bond investors could suffer because the securities would be worth even less than they paid. “As a money manager, you can’t close your eyes to that potential outcome,” said Jeffrey Gundlach, a founder of DoubleLine Capital, who has been buying mortgage securities since 2008. “To believe that this time we are really out of the woods and the prices will not drop again is dangerous. People made that argument a year ago.”

See you at the top!
Chris McLaughlin

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

Copyright Loss Mitigation Institute LLC 2011.
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)

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

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

Smart Real Estate News & Commentary by Chris McLaughlin February 16, 2012

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FHA defaults rise

Defaults on Federal Housing Administration (FHA) mortgages increased in December for the ninth-straight month.  More than 711,000 FHA-backed home loans were in default at Dec. 31, nearly 19% higher a year earlier.  As defaults increased, a constricted and delayed foreclosure process is hurting the government’s ability to unload the properties once they are repossessed.  The US Housing and Urban Development Department (HUD) held 32,170 REO in December, according to a recent report, the lowest level measured since the same month in 2007. The high was reached in March 2011 at 68,997 properties.  The FHA insures roughly one-third of the mortgage market, as private insurers have been struggling with capital shortfalls since the crisis in 2007.  But the FHA is in trouble as well because of the surging defaults. The capital ratio of the agency’s mutual mortgage insurance fund slipped to 0.24% last year, well below the 2% mandated by Congress.

Analysis from the White House’s Office of Management and Budget released this week showed the fund would actually fall into the red this year and need an unprecedented bailout from the Treasury Department.  Bank of America will send roughly $500 million to the FHA as part of a settlement reached last week over past countrywide origination problems. HUD Secretary Shaun Donovan said more settlements would be announced soon, sending between $900 million and $1 billion to the FHA.  The agency will also be raising insurance premiums above the hikes set to take place in 2012 as a result of the payroll tax cut extension reached last year.  Donovan said this week that new loans written this year and last are proving to be more profitable than expected. But the market remains fragile and another downturn in housing could put the fund in further trouble.  “A very significant piece of what determines the actuarial value of the fund is what we project to happen to home prices,” Donovan said. “The better than expected performance of the new loans can be offset if home prices perform worse than we expect.”

Tax cut deal announced

A payroll tax cut for 160 million Americans, set to expire at the end of this month, would be extended through December under a bipartisan deal announced early today by US congressional leaders.  The accord would also renew expiring jobless benefits for millions of others and prevent a pay cut for doctors of elderly Medicare patients.  Economists say the tax cut extension and renewal of jobless benefits should provide a lift to the US economy, certain to be a key issue in the battle for control of Congress and the White House in the run-up to Election Day.  “We have reached an agreement and we’re moving forward,” Republican Representative Dave Camp, who headed the negotiating committee, told reporters shortly after midnight EST.  It was not immediately clear when the House of Representatives and Senate would vote on the deal, but lawmakers hoped to do so before they leave Friday for a week-long recess.  Many Republicans had initially balked at the extension while others insisted that its cost had to be offset by spending cuts to prevent an increase in the US deficit.  House Speaker John Boehner and fellow Republican leaders cleared the way for a deal on Monday when they dropped their demand that there be spending reductions to pay for the tax-cut extension.

Olick – foreclosures up again

“After a year-long reprieve from rising foreclosures, the numbers are going up again.  One in every 624 US households received a foreclosure filing in January, up 3% from the previous month, according to a new report from RealtyTrac.  Foreclosure activity froze in many states in 2011, due to processing delays after fraud, or so-called ‘Robo-signing,’ were uncovered in the fall of 2010.  The thaw is now on.  ‘We expect the pattern of increasing foreclosures to continue in the coming months, especially given the finalized mortgage and foreclosure settlement reached in early February between 49 state attorneys general and five of the nation’s largest lenders,’ said RealtyTrac’s CEO Brandon Moore in a written release.  ‘Foreclosure activity increased on a year-over-year basis for the first time in more than 12 months in Florida, Illinois, Indiana and Pennsylvania, following a pattern we saw in late 2011 in states such as California, Arizona and Massachusetts.’

While states that do not require a judge to preside over foreclosure proceedings, like California, saw a jump in filings toward the end of last year, judicial states have all but stalled. That will now change, thanks to the $26 billion dollar government-lender/servicer settlement. There will still be some delays on individual state levels, but the wheels are turning again, and that means more bank repossessions and more foreclosed properties heading to the re-sale market.  Bank repossessions, the final stage of the foreclosure process, increased at least 30%  year-over-year in several states, including Massachusetts, which saw a 75% spike.  Bank-owned or REO (real estate owned) activity hit a 16-month high in Illinois and a 15-month high in Indiana.  Default notices, the first stage of foreclosure, were flat nationally in January, but spiked in judicial states, like Connecticut and Pennsylvania (up 112%) and even in non-judicial states like Maryland (up 100%).

Nevada still posted the highest foreclosure rate, with one in every 198 households receiving a filing, despite an 8% drop in foreclosure activity. Nevada is a non-judicial foreclosure state, so the foreclosure backlog has been clearing for the last several months.  The situation is the same in California, where foreclosure activity dropped to a 50-month low, but the state still posted the second highest foreclosure rate in the nation. More than 51,000 borrowers received a foreclosure filing in January. California cities still account for nine of the top ten metro foreclosure rates, according to RealtyTrac.  As optimism seems to abound for the spring, at least among the nation’s home builders whose sentiment index jumped to the highest level in four years this month, foreclosures still stand in the way of a robust recovery.  Distressed property sales lower the value of homes around them, and that pushes more borrowers into a negative equity position, owing more on their mortgages than their homes are currently valued. Until banks work through the enormous backlog of foreclosures, which number in the millions, home prices will not hit a firm bottom, especially in the most troubled local real estate markets.”

Jobless claims down

Jobless claims slipped 13,000 from an upwardly revised 361,000 the previous week and beneath economist estimates that actually saw the number rising.  The drop in jobless claims marked a near four-year low, suggesting the labor market was finally strengthening.  Initial claims for state unemployment benefits dropped 13,000 to a seasonally adjusted 348,000, the Labor Department said, the lowest since March 2008. The prior week’s figure was revised up to 361,000 from the previously reported 358,000.  Economists polled by Reuters had forecast claims rising to 365,000. The four-week moving average for new claims, seen as a better measure of labor market trends, fell 1,750 to 365,250 — the lowest since April 2008.  Considerable slack still remains, with 23.8 million Americans either out of work or underemployed. There are no job openings for nearly three out of every four unemployed.  A Labor Department official said there was nothing unusual in the state-level data and no state had been estimated.  The number of people still receiving benefits under regular state programs after an initial week of aid tumbled 100,000 to 3.43 million in the week ended Feb. 4. That was the lowest level since August 2008.  Economists had forecast so-called continuing claims falling to 3.50 million from a previously reported 3.52 million.  The number of Americans on emergency unemployment benefits rose 16,568 to 3.00 million in the week ended Jan. 28, the latest week for which data is available.  A total of 7.68 million people were claiming unemployment benefits during that period under all programs, up 18,304 from the prior week.

Housing starts up

The Commerce Department said today that housing starts climbed 1.5% to an annual rate of 699,000 units.  Initial estimates for housing starts can be subject to large revisions and the government revised the December reading significantly higher to a 689,000-unit rate.  The Commerce Department initially estimated groundbreaking in December advanced at a 657,000-unit rate.  Economists polled by Reuters had forecast housing starts rising in January from the initial reading to a 675,000-unit pace.  Starts of multi-unit buildings, which are often rented, jumped 8.5% last month. New construction on buildings with five units or more increased 14.4%.  Groundbreaking on single-family units, which make up a much larger portion of the sector, fell 1.0%.  Permits climbed 0.7% to an annual rate of 676,000 units.

Inflation up

US producer prices outside food and energy recorded their largest increase in six months in January, but are unlikely to ignite inflation pressures given the slack in the labor market.  The Labor Department said on Thursday its seasonally adjusted core producer price index rose 0.4% last month, the largest gain since July, after increasing 0.3% in December.  Economists polled by Reuters had expected core PPI to rise only 0.2%. In the 12 months to January, core producer prices rose 3.0 after increasing 2.7% in December.  But overall prices received by farms, factories and refineries edged up 0.1% after dipping 0.1% in December.  The rise, which was smaller economists’ expectations for a 0.4% gain, reflected declines in food and energy prices.  In the 12 months to January, producer prices increased 4.1%, moderating from 4.8% December. That was the smallest increase in a year.  The Federal Reserve last month viewed inflation as largely contained and said it expected to hold interest rates near zero at least through late 2014.  Wholesale prices outside of food and energy were pushed up by a drugs costs, which accounted for about 40% of the increase. Higher prices for light motor trucks and household appliances also contributed.  Passenger car prices fell 0.8% after rising 0.5% in December.

Student loans drain retirement savings

Student loan debt amassed by parents is growing faster than loans taken out by the student.  Parents’ loan debt has more than doubled over the last decade — exceeding $100 billion dollars or 10% of all outstanding student loan debt, according to the independent research firm FinAid.org.  “Parents of every income level are increasingly borrowing for their children’s college education. It doesn’t matter whether the parents are low income, middle income or upper income. There’s been dramatic growth in the percentages of parents who’ve been borrowing,” says FinAid.org founder and publisher Mark Kantrowitz.  Many parents who co-signed loans or borrowed money on their own for their children’s education now face the loss of their retirement nest eggs, homes and other assets. As student loan debt has topped US credit card debt, “America faces the very real possibility of another major threat on par with the devastating home mortgage crisis,” according to a new study by the National Association of Consumer Bankruptcy Attorneys (NACBA).

Piling up student loans in middle age is “troublesome”, says NACBA vice president John Rao, an attorney with the National Consumer Law Center. “Parents who take out loans for children or co-sign loans will find those loans more difficult to pay as they stop working and their incomes decline.”  But, parents’ need to borrow has grown as their savings has declined and plummeting home values have made it difficult for many households to tap what was once a common financial resource — the equity in their homes.  Parents have an average of about $34,000 in student loans and that figure rises to $50,000, including interest, over a standard 10-year loan repayment period. Interest rates on the most common parental loan – the federal Parent “PLUS” loan – is fixed at almost 8%. So the return on parents’ investments needs to average at least 8% just to break even.  The fixed-rate PLUS loan is often a better choice for families than private student loans, whose rates may vary. But the need to borrow private or PLUS is often a sign of over borrowing, Kantrowitz says.  “Parents should borrow no more than they can afford to pay in 10 years because they have to worry about their own retirement. By the time they retire, they should have no debt remaining since they will have no income to repay that debt.”

Southern California – January sales up, prices down

Southern California home sales rose slightly last month as investors snapped up the region’s lowest-priced properties, sinking prices to the lowest levels in more than 2 1/2 years, DataQuick, a research firm, reported yesterday.  More than half of existing homes sold were foreclosed on in the previous year or short sales — transactions in which the price is less than what is owed on the property.  There were 14,523 new and existing homes and condominiums sold in the six-county region in January, up 0.4% from the same period last year, DataQuick said. Sales plunged nearly 25% from December, reflecting a typical seasonal decline.

Last month, 669 new homes sold, the lowest monthly tally since DataQuick began tracking sales in 1988.  The median price was $260,000, down 3.7% from $270,000 the same period a year earlier and from December. It was the lowest price since $249,000 in May 2009. During the current cycle, prices peaked at $505,000 in the middle of 2007 and bottomed out at $247,000 in April 2009.  John Walsh, president of the San Diego-based research firm, said January is typically a poor gauge of future sales but that the mortgage market “remains dysfunctional.” Nearly one-third of homes sold last month were paid for fully in cash for a median price of $199,000.  Absentee buyers — mostly investors and second-home purchasers — bought 26.8% of homes sold, paying a median price of $193,500. Absentee buyers were especially active in the Inland Empire, which has Southern California’s lowest-priced homes.  Homes that sold for at least $500,000 accounted for 16% of sales, down from 18.3% a year earlier, DataQuick said. During the last decade, a monthly average of 27.2% of homes sold for at least $500,000.

See you at the top!
Chris McLaughlin

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

Copyright Loss Mitigation Institute LLC 2011.
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)

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

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

Smart Real Estate News & Commentary by Chris McLaughlin February 15, 2012

Forward this e-mail to your friends!
Then they can subscribe directly at the following link:

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

MBA – applications down

Mortgage applications decreased 1.0% from one week earlier, according to data from the Mortgage Bankers Association’s (MBA) Weekly Mortgage Applications Survey for the week ending February 10, 2012. The Market Composite Index, a measure of mortgage loan application volume, decreased 1.0% on a seasonally adjusted basis from one week earlier. On an unadjusted basis, the Index was essentially unchanged compared with the previous week. The Refinance Index increased 0.8% from the previous week to its highest level since August 8, 2011. The seasonally adjusted Purchase Index decreased 8.4% from one week earlier. The unadjusted Purchase Index decreased 3.3% compared with the previous week and was 7.6% lower than the same week one year ago. The four week moving average for the seasonally adjusted Market Index is down 0.45%.

The four week moving average is down 3.87% for the seasonally adjusted Purchase Index, while this average is up 0.21% for the Refinance Index. The refinance share of mortgage activity increased to 81.1% of total applications from 80.5% the previous week. This is the highest refinance share since January 20, 2012. The adjustable-rate mortgage (ARM) share of activity decreased to 5.4% from 6.0% of total applications from the previous week. The average loan size in the United States in January 2012 was $226,000. Average loan size has been increasing in recent months, up from $225,000 in December 2011 and up from $207,000 in January 2011. The District of Columbia has the highest average loan size in the nation at $375,000 while Indiana had the lowest average loan size at $143,000. Across the country, the average loan size was $217,000 for home purchase applications and $228,000 for refinances in the month of January.

Tentative deal on payroll tax

One day after House Republican leaders said they would offer a bill to extend the $100 billion payroll tax rollback for millions of working Americans without requiring spending cuts to pay for it, the Congressional negotiators struck a broader deal that would also extend unemployment benefits and prevent a large cut in reimbursements to doctors who accept Medicare. A vote on the measure would most likely happen by Friday, when Congress is set to recess for a week. But senior aides warned that negotiators still had to sign off formally on the agreement and that obstacles could surface given the long-running tensions over the measure.

Democrats, elated after winning the Republican tax concession after months of clashes, said they had also been able to beat back new conditions that Republicans had wanted on jobless pay, like requiring beneficiaries to seek high school equivalency degrees, and had found middle ground on Republican attempts to significantly reduce the number of weeks in which the unemployed could draw benefits. Republicans did make Democrats pay for the added unemployment benefits through changes to federal pensions, aides said. More important, Republican leaders and their advisers said that they had removed an election-year hammer from the hands of President Obama and Congressional Democrats, depriving them of the ability to keep pounding on the idea that Republicans were resistant to tax cuts for the middle class.

Inventory declines temporary

Crucial housing market metrics are beginning to look better to start the year, but the recent uptick may only be the result of a delayed foreclosure process. At the end of January, most metro areas saw prices stabilizing, even picking up in some of the hardest hit areas like Miami and Las Vegas, according to Altos Research. The average home price in Miami was $465,068, up more than 7% from the previous three months. In Vegas, where prices were cut by more than half during the downturn, prices increased 2% over the same period, cresting more than $140,000. Inventory is also declining in these cities. “In many markets, tight inventory of quality properties is another contributing factor keeping a floor on home prices this spring,” Altos said. In the 20 metro areas the company covers, inventory declined more than 14% from November to January. Vegas, especially was making progress. The city held fewer than 11,000 properties in its inventory at the end of last month, down more than 38% from November levels. Declining inventories do not necessarily stem from higher home sales these days but may rather be a product of fewer REO hitting the market. Completed foreclosures in Nevada dropped 26% to 6,328 in 2011 from nearly 8,000 the year before, according to RealtyTrac. From November to December alone, inventory declined in Vegas by 27%, a change Altos called “staggering.” With mortgage servicers putting the AG settlement behind them in January, the process may be rebooted soon, pushing inventories higher by the end of the year.

Manufacturing highest in years

The New York Fed’s “Empire State” general business conditions index climbed to 19.53 from 13.48 in January, topping economists’ expectations for 15.0. It was the highest level since June 2010. The index has bounced back strongly from a summer slump as the region contracted alongside a broader manufacturing slowdown. The survey of manufacturing plants in the state is one of the earliest monthly guideposts to US factory conditions. US stock index futures added to gains immediately following the data, though investors were also focused on efforts by Greece to salvage its needed bailout deal. “It’s better-than-expected and consistent with the idea that the US economy is picking up steam as the year gets started,” said Omer Esiner, chief market analyst at Commonwealth Foreign Exchange in Washington. “The question is whether or not the data will have an impact on the market or take a back seat to developments in Europe. For now the focus is on Europe.”

The new orders index slipped to 9.73 from 13.70, while inventories dropped to minus 4.71 from 6.59. Employment gauges were relatively steady, with the index for the number of employees dipping to 11.76 from 12.09 and the average employee workweek index rising to 7.06 from 6.59. Manufacturers were slightly less optimistic about the coming months with the index of business conditions six months ahead falling to 50.38 from 54.87.

Fixed rate on a roll

More than 95% of refinancing borrowers chose fixed-rate loans in the fourth-quarter of 2011, Freddie Mac said in its quarterly product transition report. The government-sponsored enterprise said refinancing borrowers overwhelmingly continued to prefer fixed-rate loans even if their original loans were adjustable-rate mortgages. Of those borrowers in a 30-year, 43% decided to refinance into shorter loan terms of 15- or 20-years, Freddie’s report said. Meanwhile, 58% of borrowers with hybrid ARMs moved into fixed-rate loans during the fourth quarter, while the remaining 42% chose to refinance into the same type of loan product they held earlier. “Fixed mortgage rates averaged 4% for 30-year loans and 3.30% for 15-year loan products during the fourth quarter,” said Frank Nothaft, vice president and chief economist for Freddie Mac. Borrowers wanting lower refinance rates were able to get them even when shortening their loan terms in the fourth-quarter. The interest rate on a 15-year, FRM was only 0.7 percentage points lower than the 30-year, FRM during the fourth quarter, Nothaft said. “And for borrowers who plan to remain in their current home for only a few years, the hybrid ARM allows for even a greater interest-rate savings. The initial interest rate on a 5/1 hybrid ARM was about 1.1 percentage points lower than on a 30-year fixed-rate loan.”

See you at the top!
Chris McLaughlin

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

Copyright Loss Mitigation Institute LLC 2011.
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)

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

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

Smart Real Estate News & Commentary by Chris McLaughlin February 10, 2012

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Oklahoma crafts its own mortgage settlement

Oklahoma Attorney General Scott Pruitt reached his own settlement with top mortgage servicers. Pruitt was the only Attorney General (AG) not to sign the $26 billion multistate deal that included the Justice Department and the Department of Housing and Urban Development. The negotiations launched in October 2010 after evidence surfaced of foreclosure documents signed en masse and filings on borrowers being considered for modifications. As details emerged of a preliminary settlement in 2011, Pruitt and three other Republicans Florida AG Pam Bondi, Texas AG Greg Abbott, and Virginia AG Kenneth Cuccinelli sent a letter to lead AG Tom Miller of Iowa saying any deal that involved principal reduction would only promote strategic default. “We had concerns that what started as an effort to correct specific practices harmful to consumers, morphed into an attempt by President Obama to establish an overarching regulatory scheme, which Congress had previously rejected, to fundamentally restructure the mortgage industry in the United States,” Pruitt said yesterday.

Pruitt’s $18.6 million settlement will resolve claims of any unfair and unlawful practices he found. His public protection unit will process relief applications from borrowers. “Oklahoma is fortunate to have a stronger housing market and economy than many other states that are struggling. This settlement will provide damages to those Oklahomans who did fall victim to unfair and unlawful misconduct of mortgage servicing companies, while not exceeding the appropriate role and authority of state attorneys general,” Pruitt said.

US trade deficit leaps

The monthly trade gap swelled to $48.8 billion as goods imports climbed to the highest level since July 2008, just before the financial crisis caused world trade to plunge, a report from the Commerce Department showed today. Analysts surveyed before the report had expected the December trade deficit at $48.0 billion, up from a revised estimate of $47.1 billion in November. US exports grew slightly in December, with records set for petroleum, services and advance technology goods. For the year, the US trade gap rose 11.6% to $558.0 billion, the highest since 2008. Exports last year rose 14.5% to a record $2.1 trillion, keeping the United States on pace to meet President Obama’s goal of doubling exports in five years. Imports grew 13.8% to a record $2.7 trillion, with records set in several categories. Auto imports rose to the highest since 2007 and petroleum the highest since 2008. The average price for imported oil in 2011 was a record high $99.78 per barrel.

The record trade deficit last year with China is certain to reinforce concerns in Congress about Beijing’s currency and trade practice ahead of a meeting next week between Obama and the Asian giant’s expected next leader, Vice President Xi Jinping. US exports to China jumped 13.1% to $103.9 billion. But that was overwhelmed by a 9.4% increase in imports from China, which pushed the tally to a record $399.3 billion. Last year, the Democratic-controlled Senate passed legislation to pressure China to raise the value of its currency, but that bill hit a dead end in the Republican-controlled House of Representatives. Many lawmakers believe that China deliberately undervalues its currency to give its companies an unfair price advantage, contributing to the huge bilateral deficit. The US trade deficits with the European Union and Canada also expanded in 2011.

Olick – robo-deal about lowering principal

“It took more than a year to strike a deal, but here it is, the biggest government-industry settlement in history, surpassing even big tobacco. Five of the nation’s largest servicers will cough up more than $25 billion, the bulk of which will go toward lowering mortgage principal for borrowers who are behind on their mortgage payments. Wait a minute. What does that have to do with faulty foreclosure documents? Nothing. But that’s how it started, and now that government got what it wanted, i.e. mortgage principal reduction for about a million borrowers, they are likely, quietly whispering a big thank you to all those so-called ‘robo-signers.’ Let’s take a step back for a second to remember the fall of 2010, when ‘robo-signing’ came to light. The idea that one low-paid guy sitting in a room was signing his, or perhaps somebody else’s, name to thousands of foreclosure documents was appalling. It is appalling, no question. But let us not forget that the vast, vast majority of those foreclosures being processed were in fact legitimate foreclosures; it was the documentation process that was fraudulent. Banks didn’t foreclose on borrowers for no reason, they foreclosed because borrowers weren’t paying their mortgages.

So fast-forward to 2011 when the housing market is still in deep despair. Home prices are still falling, eleven million borrowers owe more on their mortgages than their homes are worth, home construction sees its worst year ever, and government relief programs are doing very little to help. Cries arise that the only way to help housing is to reduce the principal on all those underwater mortgages, give borrowers their equity back! But how does government force the banks to do that? Robo. The last thing the banks need are fifty state lawsuits over bad foreclosure documents, plus they need to be able to get all these legitimate foreclosures through the courts, so they can stem some losses by reselling the homes. The ‘robo’ scandal has ground foreclosure processing to a veritable halt in much of the county and slowed it everywhere else. Borrowers are sitting in their homes paying nothing. So the banks agree to the deal, any deal, because they have no other choice. You can hear it in their statements today:

‘We believe this settlement will help provide additional support for homeowners who need assistance, brings more certainty to the housing market and aligns to our ongoing commitment to help rebuild our neighborhoods and get the housing market back on track.’ — Bank of America.

‘Today’s agreement represents a very important step toward restoring confidence in mortgage servicing and stability in the housing market.’ — Wells Fargo Home Mortgage.

Getting the housing market back on track. Restoring stability in the housing market. That’s what they want. They’ve already stopped ‘robo-signing’ long ago. Now what they need is closure. Move the foreclosure process along again, so that the housing market can clear all the distress and move ahead. Let the bank black eye begin to heal. Sure, they will get hit with plenty more lawsuits over mortgage securitizations, but that has little to do with their customers on the street, the average consumers. That has to do with investors, and federal regulators and all kinds of complicated Wall Street products that are lost on average Americans. Robo-signing was more personal; it had to do with real people’s mortgage papers that they signed at their kitchen tables.”

Trail going cold at MF Global

When commodities brokerage MF Global imploded, the FBI and federal prosecutors were quick to launch an investigation to pursue what seemed obvious to outspoken regulators and lawmakers: laws were broken and crimes were committed. More than three months later, it is far from clear that anyone will face criminal charges over the disappearance of more than $600 million in customer money as MF Global spiraled towards bankruptcy in the brokerage’s final, frantic days in the last week of October. So far, the MF Global investigation is not tracking the early progress of other high-profile financial scandals such as RefCo, where former Chairman Phil Bennett was arrested within days of the disclosure that the futures firm had been hiding losses for years.

Lawyers and people familiar with the MF Global investigation of the firm that was run by former Goldman Sachs head Jon Corzine say that even though the hunt is still on to find out whether or not officials at MF Global intended to pilfer customer money in a desperate bid to keep the brokerage from failing, the trail at this point is growing cold. To date, scant evidence of criminal intent has emerged in company emails, no former or current employees have sought to cut a deal to provide testimony about potential wrongdoing and seasoned defense lawyers say they are not seeing the tell-tale signs of a hot criminal investigation. Ellen Davis, a spokeswoman for the office of the Manhattan US Attorney, declined to comment. Randall Samborn, a spokesman for the office of the US Attorney in Chicago, also declined to comment.

MBA statement on foreclosure deal

The Mortgage Bankers Association (MBA), issued the following statement upon news of an agreement between state and federal officials and five large residential mortgage servicers.

“A final agreement can play an important role stabilizing and providing certainty and confidence to the housing and mortgage markets. With all the rumors and speculation surrounding these negotiations behind us, it is now imperative that policymakers, lenders, servicers and other stakeholders work together on policies and initiatives that will allow us to get the housing market on the road to recovery. I would caution, though, that, while a positive step, this will not be a panacea for all that ails housing. There are a number of other issues that we need to resolve. This includes striking the appropriate balance between consumer protection and access to affordable credit for qualified borrowers in the QM and QRM rulemakings, and facilitating the return of private capital to the mortgage market by comprehensively addressing the future of the GSEs and the government’s role in the secondary market.” – David H. Stevens, President and CEO of MBA.

Debra W. Still, CMB, Chairman of MBA’s Council on the Future of Residential Mortgage Servicing in the 21st Century added: “The standards in this settlement can provide a framework for a national servicing standard that would provide borrowers with equal protections, regardless of where they live, and would give lenders a single set of rules governing how they interact with their customers. If done properly, and in recognition of different business models, a nationwide standard would provide renewed confidence in the system and encourage qualified borrowers to jump back into the housing market.”

Citigroup takes $50 million loss

Citigroup was forced to write off $50 million after two traders accused of attempting to influence global lending rates left the bank, according to people familiar with a worldwide investigation that is gathering pace. Nine separate enforcement agencies in the US, Europe and Japan have been probing whether US and European banks manipulated the London Interbank Offered Rate or Libor, the benchmark reference rate for $350 trillion worth of financial products, and other interbank lending rates. So far, only Japan’s Financial Services Agency has formally sanctioned banks in connection with the probe. In December, regulators found that two former Citigroup employees in Tokyo attempted to pressure colleagues and employees at other banks involved in the rate-setting process for the Tokyo Interbank Offered Rate, or Tibor. While the regulator did not publicly name the traders involved, people familiar with the case identified them as Thomas Hayes, a trader of yen-related products, and Christopher Cecere, his former boss.

According to those people, the alleged attempts to influence Tibor were uncovered after another Citi employee in London reported the activity. Citi took a $50 million loss when it unwound the traders’ positions and reported the matter to regulators, according to people familiar with the case. However, other Citi sources suggested the losses were significantly in excess of that amount. The investigation into possible manipulation of global interbank lending rates has accelerated in recent weeks, with more than a dozen traders at various banks fired, suspended or placed on administrative leave. A former Barclays trader, Philippe Moryoussef, is being investigated in connection with the setting of Euribor, the rate at which banks lend euros, according to people familiar with the case. Mr. Moryoussef left Barclays in 2007, long before US, European and Japanese regulators launched their probe into interbank lending rates and now works in an unrelated position for Nomura in Singapore. Barclays took the information to European Commission officials, who are now investigating and declined to comment.

NAR – prices boost affordability

Housing affordability conditions improved in most metropolitan areas from softer existing-home prices and record-low mortgage interest rates in the fourth quarter, with rising sales and lower inventory creating more balanced conditions, according to the latest quarterly report by the National Association of Realtors (NAR). Introduced with this release is a new annual metro-level housing affordability index, with historically favorable conditions dominating across the country.

The median existing single-family home price rose in 29 out of 149 metropolitan statistical areas (MSAs) in the fourth quarter from a year earlier; two were unchanged and 118 areas had price declines. The national median existing single-family home price was $163,500 in the fourth quarter, down 4.2% from $170,600 in the fourth quarter of 2010. The median is where half sold for more and half sold for less. Distressed homes – foreclosures and short sales which sold at discounts averaging 15 to 20% – accounted for 30% of fourth quarter sales; they were 34% a year earlier. Total existing-home sales, including single-family and condo, increased 5.9% to a seasonally adjusted annual rate of 4.42 million in the fourth quarter from 4.17 million in the third quarter, and were 9.2% above the 4.04 million pace during the fourth quarter of 2010. All regions rose from the third quarter and from a year ago. At the end of the fourth quarter there were 2.38 million existing homes available for sale, which is 21.2% lower than the close of the fourth quarter of 2010 when there were 3.02 million homes on the market.

NAR’s national Housing Affordability Index rose to a record high 184.5 in 2011, based on the relationship between median home price, median family income and average mortgage interest rate. The higher the index, the greater the household purchasing power; recordkeeping began in 1970. An index of 100 is defined as the point where a median-income household has exactly enough income to qualify for the purchase of a median-priced existing single-family home, assuming a 20% down payment and 25% of gross income devoted to mortgage principal and interest payments. For first-time buyers making small down payments, the affordability levels are relatively lower. Metro areas with the greatest housing affordability conditions in 2011 include the Detroit-Warren-Livonia area of Michigan, with an index of 383.4; Toledo, Ohio, at 242.9; and Decatur, Ill., at 236.8. Only 24 out of 152 metros measured had an affordability index below 100 in 2011.

Between 2010 and 2011, in markets where comparisons are available, all but 2 out of 148 areas showed improvement in housing affordability, and 69 MSAs had double-digit increases in affordability conditions. The share of all-cash home purchases in the fourth quarter was 29%, unchanged from the third quarter; they were 30% in the fourth quarter of 2010. Investors, who are drawn by bargain prices and account for the bulk of cash purchases, accounted for 19% of transactions in the third quarter; they were 20% in the third quarter and 19% a year ago. First-time buyers purchased 33% of homes in the fourth quarter; they were 32% in both the third quarter and the fourth quarter of 2010. In the condo sector, metro area condominium and cooperative prices – covering changes in 54 metro areas – showed the national median existing-condo price was $160,800 in the fourth quarter, which is 1.7% below the fourth quarter of 2010. Ten metros showed increases in their median condo price from a year ago, one was unchanged and 43 areas had declines.

Regionally, existing-home sales in the Northeast rose 6.3% in the fourth quarter and are 3.7% above the fourth quarter of 2010. The median existing single-family home price in the Northeast fell 4.6% to $229,200 in the fourth quarter from a year ago. In the Midwest, existing-home sales increased 7.0% in the fourth quarter and are 14.1% higher than a year ago. The median existing single-family home price in the Midwest declined 3.3% to $134,100 in the fourth quarter from the fourth quarter in 2010. Existing-home sales in the South rose 3.8% in the fourth quarter and are 9.1% above the same quarter in 2010. The median existing single-family home price in the South was $146,500 in the fourth quarter, down 3.8% from a year earlier. Existing-home sales in the West increased 8.1% in the fourth quarter and are 8.4% higher than a year ago. The median existing single-family home price in the West declined 4.2% to $205,200 in the fourth quarter from the fourth quarter of 2010.

Greece still not bailed out

Stock markets fell Friday after Greece’s crucial international bailout was put on hold by its partners in the 17-nation eurozone, a day after it seemed that the country’s tortuous journey to pacifying its creditors had reached a conclusion. Greek Prime Minister Lucas Papademos and heads of the three parties backing his government agreed to deep private sector wage cuts, civil service layoffs, and significant reductions in health, social security and military spending. Investors breathed a sigh of relief that the agreement would allow Greece to get a euro130 billion ($173 billion) bailout package and avoid a bankruptcy next month that could send shockwaves around the financial markets. But finance ministers from the other 16 eurozone states threw a spanner in the works late Thursday and insisted that Greece had to save an extra euro325 million ($430 million), pass the cuts through a restive parliament and guarantee in writing that they will be implemented even after planned elections in April.

Amherst – foreclosure deal penalizes investors

The $26 billion settlement between government officials and the five largest mortgage servicers will exacerbate servicer conflict of interest by allowing the banks to use investor dollars to foot the bill, according to Amherst Securities Group. The analysis comes as representatives from mortgage banks, trade groups and organizations expressed relief as the settlement with state attorneys general and federal prosecutors finally arrived. By receiving credit for principal write downs on the loans owned by investors, servicers can settle their liability claims with private investor money, Laurie Goodman and her team of analysts at Amherst noted. The settlement includes $17 billion in required credits for principal reduction and other foreclosure initiatives, including short sales, anti-blight measures and borrower transition efforts. These credits are put toward loans both in bank portfolios and in private label securitizations.

“We believe that this settlement will further exacerbate the conflicts of interest in the foreclosure process, highlighting the fact that first liens are often poorly treated,” the analysts said. “We are deeply concerned that such a settlement will significantly raise the cost and delay the return of private capital to the US single-family mortgage market.” They compare the settlement to charging a patient, or investor, an extra fine when his doctor, or bank, is found guilty of malpractice. The already wounded patient is hurt again, and the doctor does not have much incentive to change his behavior. “The settlement has missed the opportunity to correct some of the huge conflicts of interest that are embedded in the foreclosure process,” the analysts said.

It’s not all bad news, however. “On the positive side, we are pleased to see that the changes in servicing practices address the fact that servicers often own companies that provide ancillary foreclosure services, or mark-up third-party services with no disclosure to borrowers or investors,” they said. The increased foreclosure timeline due to robo-signing issues is likely to extend further because of the settlement, Amherst analysts said, and the costs of will fall disproportionately on private investors.

See you at the top!
Chris McLaughlin

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

Copyright Loss Mitigation Institute LLC 2011.
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)

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

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