Smart Real Estate News & Commentary by Chris McLaughlin February 10, 2011
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Foreclosures falling – not
The number of homes receiving foreclosure filings, default notices, auctions, and repossessions, fell 17% in January compared to a year earlier, RealtyTrac reported today. But that’s still 261,333 properties and a 1% increase compared to December. Even with the slowdown, more than 78,000 borrowers lost their homes in January, easing off the record 102,000 that was reached last September. Besides, it’s less a sign of a robust housing recovery and more a sign that lenders have become bogged down in reviewing procedures, resubmitting paperwork and formulating legal arguments related to accusations of improper foreclosure processing.
“We expect a spike in the first quarter,” said Rick Sharga, a RealtyTrac spokesman. “If we don’t get that, it could mean that the foreclosures are being pushed back even more and that the time needed for recovery will be prolonged.” There was a bit of a shakeup among the individual states at the top of RealtyTrac’s hardest-hit states. Florida, which had been outpacing all others for years, fell to ninth place in January, with a rate of one in ever 409 homes receiving a filing. Year-over-year, filings are off by 54% in the Sunshine State. Now, the seven states with the highest rate of foreclosure filings in January were all in non-judicial states, where foreclosure auctions can be scheduled and homes repossessed without any court hearing. Nevada led the states for the 49th consecutive month; Arizona was second and California third. Idaho and Utah filled out the top five worst-hit states. Among metro areas of more than 200,000 residents, Las Vegas had, as usual, the highest foreclosure rate.
Jobless claims down
There were 383,000 initial jobless claims filed in the week ended Feb. 5, the Labor Department said today. That was down 36,000 from the week before, and much better than the 410,000 claims economists surveyed by Briefing.com had expected. It was also the lowest level since July 5, 2008, when 371,000 first-time claims were filed. Continuing claims — which include people filing for the second week of benefits or more — fell by 47,000 to 3,888,000 in the week ended Jan. 29, the most recent week available. The 4-week moving average of initial claims — a measurement used to smooth out week-to-week volatility — is viewed as a more accurate representation of job market conditions. That number fell by 16,000 to 415,500. The report comes less than week after a January jobs report fell far short of expectations, showing only 36,000 jobs added during the month. However, the unemployment rate slipped to 9% from 9.4% in December.
NAR – GSE’s should maintain public involvement
According to the National Association of Realtors’ recommendations for restructuring the government-sponsored enterprises (GSEs), continued government participation in the secondary mortgage market is essential to ensuring affordable and available home mortgages to qualified consumers when private lenders withdraw from the market. NAR’s recommended plan is to restructure the entities as government-chartered, non-shareholder owned authorities that protect taxpayers and ensure continued access to affordable mortgages for consumers who are willing and able to assume the responsibilities of the American Dream of home ownership. NAR believes the previous structure of Fannie Mae and Freddie Mac with private profits and taxpayer loss must never recur; however, without some level of government backing of the most basic, simple mortgages – such as the 30-year fixed rate product – interest rates and mortgage fees will be notably higher for consumers and could severely restrict access to credit, especially during down or disruptive markets. The recent economic downturn, for example, caused private capital to flee the marketplace; government backing of residential mortgages was critical in providing capital to borrowers and without their support the financial crisis could have been far worse. NAR encourages private market solutions and innovations such as covered bonds for less traditional mortgages. However, a full privatization across all mortgage products will inevitably put taxpayers at risk. Given the very high concentration in the banking industry, the market will be vulnerable to tacit collusion and too-big-to-fail mistakes. The restructured GSEs under NAR’s plan would guarantee or ensure a wide range of safe, reliable mortgage products such as 15- and 30-year fixed rate loans. Sound and sensible loan underwriting standards would need to be established. NAR’s plan would require the entities to be fully self-financing and subject to tight regulations on product, revenue generation and usage in a way that ensures they can accomplish their mission and protect taxpayer dollars.
US Postal Service in trouble
The US Postal Service (USPS), a self-supporting government agency that receives no tax dollars, said it suffered a loss of $329 million in the first quarter of federal fiscal year 2011. That compared with a loss of $297 million a year earlier. The agency has been suffering from an ongoing decline in mail volume, which has undercut revenues, while retiree health care costs have been straining its reserves. Excluding costs related to retiree benefits and adjustments to workers’ compensation liability, the Postal Service said it had net income was $226 million in the first quarter, which ended Dec. 31. The agency said it will be forced to default on some of its financial obligations this year unless Congress changes a 2006 law requiring it to pay between $5.4 and $5.8 billion into its prepaid retiree health benefits each year. The Postal Service has taken a number of steps to increase revenue, including marketing initiatives and price increases. The agency raised rates an average of 3.6% in January.
It is also perusing more dramatic changes. Last year, the USPS submitted a request to the Postal Regulatory Commission, which oversees the agency, to eliminate Saturday mail service. The commission has yet to respond to the request, but a spokesman said it is in the “final phase” of making its decision. The USPS has also cut back on hours to save money. The agency expects to eliminate 40 million work hours this fiscal year as part of a plan to save $2 billion. However, the service is currently negotiating new contracts with the American Postal Workers Union and the National Rural Letter Carriers Association, which will probably object to cutting hours. On the bright side, the Postal Service said improving economic conditions suggest the “worst of the precipitous volume decline during the recession is over.” But mail volume continues to be anemic, rising only 1.5% in the first quarter as economic growth remains sluggish.
Olick – toxic mix
“First came the surge in negative home equity, now a surge in mortgage interest rates. Add it up, and it throws a big pail of underwater on the hope for a big spring housing surge. At face value on their own, the two reports out today shouldn’t cause too much concern, but the effect they have on consumer confidence is bigger than both of them. The average rate on the 30 year fixed rate mortgage is now over 5%, which when you think historically is really a great rate, but that was then, and this is now. Consumer confidence and jobs are the two biggest drivers in the housing market. ‘Because we had rates as low as 4.25% last year, any increase — particularly to above 5% — is likely to reduce loan applications as borrowers adjust to a higher interest rate environment,’ says Guy Cecala of Inside Mortgage Finance.
The biggest effect of course is in refis, which dropped over 7% last week, according to the Mortgage Bankers Association’s weekly survey. Last year refis accounted for two thirds of all mortgage originations, so that will clearly change with the new rates. The question is how the rates affect home purchases. Purchase applications also dropped last week, but just by 1.4%. ‘We are at the beginning of the spring buying season, but purchase volume remains weak on a seasonally adjusted basis,’ says the MBA’s Michael Fratantoni. Higher rates will make loans a little bit more expensive, but not all that much. The bigger driver of mortgage cost will be the new regulatory rules on the horizon and potential changes to Fannie Mae and Freddie Mac loan limits and fee structures. But rising rates also put a bigger burden on those trying to modify or refinance troubled loans, especially those underwater. The new report from Zillow notes that the foreclosure freeze from the ‘robo-signing’ scandal put an artificially high number of borrowers in the underwater pool because many were supposed to be foreclosed and weren’t.
Still, as I Tweeted yesterday from Laurie Goodman of Amherst Mortgage Securities, ‘Home equity is the single most important determinant of mortgage default, not unemployment.’ Zillow’s chief economist, Stan Humphries, agrees: ‘Once you get above 125-130% loan-to-value ratios, that means that you’re 25 to 30% underwater on your house, at that point really you start to see a higher rate of strategic default, that’s people actually feeling a sense of futility about making their mortgage payments and they walk away from the mortgage.’ And how high will rates go? ‘I think if the 10-year Treasury yield remains at around 3.70%, mortgage rates will head to 5.25% over the next two weeks,’ opines Peter Boockvar of Miller Tabak. Again, that’s still historically low. ‘Realistically, long-term mortgage rates in the 5-6% range over the next few years would be affordable enough to support a ‘normal’ housing market all things being equal,’ claims Cecala. Unfortunately nothing in today’s housing market is normal or even approaching equal.”
GOP reveals savings list
House Republicans released a dramatic budget proposal yesterday that would result in sweeping cuts to federal agencies and government services. The resolution would fund the government for about the next seven months at $74 billion below President Obama’s 2011 budget request, and singles out non-security discretionary spending, which is less than 15% of the budget, for a massive cut of $58 billion. In total, cuts of more than $1 billion would be made in eight program areas, including the unit that manages federal real estate, a Department of Energy loan program, job training programs, community health centers and the agency focused on physical science research. The cuts touch nearly every corner of the discretionary budget. Amtrak would see its funding fall by $224 million, and funding for high-speed rail programs would decrease by $1 billion. Funding for the National Institute of Health would be cut by $1 billion and the Centers for Disease Control and Prevention would lose $755 million. The list goes on, naming 70 specific cuts. Some politically sensitive areas, like education funding, are left untouched. In its current form, the resolution stands little chance of surviving the Senate and President Obama’s veto, but the measure will become part of Washington’s debate on spending. Over the next couple months, Congress will have to decide whether to raise the debt ceiling, how to fund the government for the remainder of fiscal year, and start work on the 2012 budget.
HAMP to be cut?
The House Financial Services Committee (HFSC) is meeting today to discuss and “markup” its oversight plan for the 112th Congress. On the docket of proposed federal budget cuts are 12 different housing programs, with only one being replaced. The most well known of the programs the committee wants to curtail are the Making Home Affordable Programs, established about a year ago. House members on the committee wrote they have been underwhelmed by the $75 billion mammoth known as Home Affordable Modification Program (HAMP)and its counterpart Home Affordable Refinance Program (HARP) that were supposed to assist nine million borrowers at risk of foreclosure. Since HAMP’s launch in March 2009, about 579,659 permanent modifications have been completed, according to Treasury data. Also under this segment is a $200 billion commitment to purchase Fannie Mae and Freddie Mac preferred stock. “HAMP’s foreclosure mitigation initiatives have failed to help a sufficient number of distressed homeowners to justify the program’s cost,” the plan said. “Accordingly, the Committee recommends rescinding unspent and unobligated balances currently committed to these programs.” The Federal Housing Administration Refinance Program is also on the chopping block because of its less than impressive performance in the first two months it was implemented.
The $8 billion program, designed to offer underwater borrowers a refinance, received only 35 applications between Sept. 7, 2010 and the end of October that same year, according to the HFSC. The committee is aimed to discontinue NeighborWorks America, a government-charter, nonprofit corporation with a national network of affiliated organizations that focus on community reinvestment activities such as mediation counseling. The program, an allocated cost of $195 million, overlaps the functions of the Department of Housing and Urban Development (HUD) and “are duplicative of existing HUD programs and can be consolidated,” the oversight plan says. Only HOPE IV will be replaced. The program uses funds to convert distressed or dangerous public housing developments into mixed-use housing and costs $200 million annually. The committee is proposing to replace it with Choice Neighborhoods, an existing program that serves the same function and costs $140 million less. Among other programs the committee also wants to abolish are Rural Housing and Economic Development, which currently receives $25 million annually to provide grants to non-profit organizations for capacity home building in rural areas, and the Neighborhood Stabilization Program, which gives federal funds to states and local governments with high concentrations of foreclosed homes, subprime mortgage loans and delinquent home mortgages. Approximately $1 billion was allocated for NSP.
Now for our real estate education section…
Value
The concept of value is a lot like beauty…it tends to be in the eye of the beholder. But as millions of agents and investors have learned, value also has some cold-hard numbers to contend with when it comes to signing off on a loan. Yesterday we spent some time talking about man versus machine and how it impacts the entire process of buying, selling and financing a property. Without a doubt, one of the most important aspects of that process is determining value so today we are doing to break it down in a way you probably haven’t encountered before.
Machine Value
The machine or database will tend to apply certain value estimates to any given piece of property. These tend to be automated or based upon collective data such as square footage, comp sales in the area or taxation levels. Contrary to popular opinion, machine value is not more or less objective but rather more quantifiable. It is much easier to place a value on a house based upon square footage because computers make it easy to generate a cost based upon labor and materials. However, even that isn’t fool proof; quality of workmanship can vary tremendously as do the types of materials used in a home.
Human Value
Of course, a property is more than simply a collection of the individual parts. Like the Gestalt theory, a house becomes a home by virtue of the location, neighborhood, sense of community and other individual aspects unique to that parcel…in short, it is more than the sum of its parts. Level of maintenance, quality of construction, crime rate, amenities and other social or environmental “intangibles” are much more difficult to quantify and therefore, considered subjective forms of value. However, these subjective forms of value are often the most highly prized and therefore valuable considerations among those buying and selling a property. For example, a good school district alone is able to fetch upward of 10% on the average property.
Shared Value
There are a few frequently overlooked items that dramatically contribute to the value of a property yet go unmentioned (and un-noticed) by a significant portion of the population. One of the most common examples is the value of the mortgage itself. Yes, you read that right. Today a mortgage is increasingly becoming a commodity in its own right. Does the house qualify for FHA financing making it easier to sell? Is the mortgage assumable? What terms and rates dictate the underlying asset? Now more than ever, a well structured mortgage is a function of both machine and human value. Real estate agents and investors must learn how to identify a good mortgage from a bad based upon the terms of value to target the most competitive properties possible.
See you at the top!
Chris McLaughlin
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Copyright Loss Mitigation Institute LLC 2010.
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About the author:
Chris McLaughlin is widely known as America’s top
Real Estate Attorney and Investment Consultant.
* As the top Florida foreclosure and pre-
foreclosure expert, he oversees more than
100 short sale & REO closings each month
* Long-time authority on real estate investing
and rapid reselling of distressed homes. Owns
portfolio of nearly 150 high-value, high-profit
properties
* Owner of one of Florida’s largest Real Estate firms,
running 4 different offices, supporting over
420 agents, uniquely positioning him to help
thousands of investors make money in the
biggest market opportunity ever!
* In 2010, Chris’ 4 Central Florida real estate offices
closed 2,786 sides for a closed sales volume of
$392,912,927!
* Highly sought-after speaker, consultant, and
seminar leader for current trends and hot topics
in Real Estate Investing, Entrepreneurship, and
Wealth Building
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