Smart Real Estate News & Commentary by Chris McLaughlin September 19, 2011
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DSNews.com – surging foreclosures on the west coast
Foreclosure starts soared during the month of August in states along the country’s western coast, reversing what had been a declining trend over the past several months, according to the tracking firm ForeclosureRadar. ForeclosureRadar says the jump appears to have been primarily driven by Bank of America and its related entities, which initiated 116% more foreclosures in August than in July. Wells Fargo and US Bank also saw increases in foreclosure start filings, while filings by JPMorgan Chase and Citibank were essentially flat.
Foreclosure sales also increased throughout most of ForeclosureRadar’s coverage area in August. Investors bought more properties on the courthouse steps in August than in July everywhere except in Washington, while the number of properties taken back by the bank jumped significantly in Oregon and also rose in California and Nevada. In Arizona, ForeclosureRadar found that notice of trustee sale filings jumped 15% between July and August, reversing a four-month downward trend. Foreclosed properties sold back to the bank as REO, however, continued a five-month decline, with an 8.0% drop from July to August, and a 42.8% drop compared to this time last year. Arizona investors were more active in August, with properties sold to third parties up 4.9% month-over-month and up 38.7% year-over-year.
California’s notice of default filings increased 69.5% to their highest level in 12 months. Notices of trustee sale were up more moderately, rising 6.0% month-over-month. Activity on California courthouse steps increased in August. Properties returned to the bank as REO increased 12.3% from the prior month, while properties sold to third parties rose 9.9%. Time-to-foreclose in the Golden State increased to 333 days in August, which is 49 days longer than a year ago. Notices of default in Nevada jumped 44.2% month-over-month, but fell 13.6% year-over-year. Notice of trustee sale filings slipped for the fifth consecutive month, dropping 9.9% from July.
Investor activity increased in August, with 19.8% more foreclosed properties sold to third parties in August than in July. Foreclosure cancellations declined for the fourth straight month, dropping 9.0% in August to the lowest level in 15 months. Time-to-foreclose in Nevada jumped 14.3% in August when compared to July’s timeline, reaching a new record of 368 days. The time to resell a foreclosed home increased month-over-month for both banks and third-party investors, to 179 days and 108 days, respectively. In Oregon notices of default were up in August over July by 35.6%, but filing activity remains 45.8% below this time last year. Properties returned to the bank rose dramatically in the state, up 243.3% month-over-month, as Recontrust, a subsidiary of Bank of America, began to clear the 2,800 foreclosures it started in April.
Properties sold to third-party investors were up as well, 46.0% month-over-month and 17.4% year-over-year. The time-to-foreclose in Oregon dropped in August for the second month in a row, down 9 days from July to 150 days. Washington saw a 3.4% increase in notice of trustee sale filings in August from July, which reversed four months of consecutive declines. Activity on the courthouse steps slowed as foreclosures sold back to banks dropped 29.4% month-over month, and those sold to third-party investors were down 33.3%.
Obama wants higher taxes
President Barack Obama will vow today to veto any cuts in Medicare if Congress fails to raise taxes on corporations and wealthy Americans to curb the US deficit. And no doubt blame the Republicans for uncooperative behavior if they disagree. “He will veto any bill that takes one dime from the Medicare benefits seniors rely on without asking the wealthiest Americans and biggest corporations to pay their fair share,” a senior administration official told reporters. Medicare, for elderly and disabled Americans, and Medicaid for the poor, are viewed by analysts as the biggest contributors to the long-term US deficit. The so-called super committee of six Democrat and six Republican lawmakers is seeking at least $1.2 trillion in new budget savings by Nov. 23. That is on top of $917 billion in 10-year savings agreed in an August deal to raise the US debt limit.
Congress can ignore his suggestions. With the House of Representatives controlled by Republicans who oppose any tax hikes, they are likely to be declared dead on arrival. Obama’s opening bid to find deficit savings by Dec. 23 to head off painful automatic cuts will be under close scrutiny. Investors want evidence that the political process in Washington is capable of tackling the towering US deficit and the country’s mounting debts, after ratings agency Standard and Poor’s cut the US AAA rating in August.
Olick – Fannie not bailing out BOA
“Late yesterday the chairman of the House Oversight and Government Reform Committee, Darrell Issa, sent out a press release titled, ’Is Fannie Mae’s Purchase of Troubled BOA Portfolio a Back-Door Bailout?’ The answer is: No…but let me go back a bit. Issa’s release begins: ‘Fannie Mae, the government sponsored enterprise bailed out with billions in taxpayer dollars has agreed to buy a portfolio of high risk, deteriorating value loans from Bank of America.’ Issa goes on to announce his investigation into the matter and request ‘a full explanation’ from Fannie Mae’s conservator, the Federal Housing Finance Agency (FHFA) and its acting director Ed DeMarco. Now here’s where it gets tricky.
Issa’s release continues: ‘In a letter sent to DeMarco today, Issa said Fannie Mae’s purchase of mortgage servicing rights from Bank of America is worrisome because as a government-backed enterprise Fannie Mae does not traditionally service mortgages. He also pointed out that the transaction likely shifted to Fannie Mae a significant amount of risk previously held by BOA.’ It is correct that Fannie Mae does not service mortgages; it is incorrect that the purchase of these servicing rights would shift risk to Fannie Mae. Fannie Mae isn’t buying the loans, they’re buying the servicing rights. The loans are securitized in mortgage-backed securities (MBS), and Fannie Mae already guarantees the loans. Yes, these are high-risk loans, and yes Fannie Mae is already on the hook for them, regardless of who is servicing them. These loans are not on BOA’s books, BOA just owned the servicing rights.
It still begs the question: Why would Fannie Mae spend half a billion dollars for the servicing rights to 400,000 really risky loans that Issa’s release claims have a 13% delinquency rate? My source says it’s because Fannie Mae resold the servicing rights to a specialty servicer or servicers, much like the one we visited during our day in Dallas this week, Nationstar, in order to improve the servicing. As I reported on Wednesday specialty servicers which deal largely in high-risk loans have a much better chance at mitigating losses on these loans, losses which Fannie Mae and the taxpayers will inevitably incur. This is not uncommon, although we don’t know how much they sold the rights for. To say that this is a BOA bailout doesn’t make any sense. Issa’s release says in one paragraph that Fannie bought the portfolio of loans and in another that they bought the servicing rights. The latter is correct, according to my source, and so the headline doesn’t hold water.”
CNBC poll thinks Fed will act
Markets participants are overwhelmingly banking on the Federal Reserve to deliver a new program to bolster the economy at its meeting this week, according to the latest CNBC Fed Survey. Nearly 70% of respondents believe the Fed will launch a so-called Operation Twist, in which it buys longer-dated Treasury bonds in an effort to drive down interest rates. And nearly 80% of those who took survey see the program being announced at the Fed’s meeting this week. The question is whether the Fed is as ready to deliver the new program as the markets believe. If not, the Fed risks disappointing investors, who have priced in additional stimulus. Still, few market participants believe a new Operation Twist will have much impact. “We don’t believe the Fed has the ability to jump start economic activity. Nevertheless, they will not sit idly by while economic conditions deteriorate,’’ wrote RBC’s Tom Porcelli in response to the survey.
Other findings:
- The probability of a US recession in the next year rose slightly to 36% from 34% in the August survey.
- Survey participants downgraded their outlook for US economic growth to just 1.7% this year and 2.24% in 2012. That’s down from 2.85% forecast in the August survey and the fifth consecutive monthly downgrade for the economy.
- 57% believe that the American Jobs Act proposed by President Obama would lead to “moderate employment gains” while 38% see no gains and 5% believe it could lead to job losses.
- 87% believe the payroll tax cut proposed by the President will pass, and 80% think the tax cut for employers is likely to be adopted. But just 27% believe that the additional infrastructure spending proposed in the bill will become law.
- The chance of a Greek default on its bonds in the next three years increased to 82% from 70% in the August Survey.
Extension of loan limits fails in House
The elevated conforming loan limit for mortgages guaranteed or insured by the government will expire on Oct. 1, according to three congressional staffers, but another chance to extend them will come later this year. Congress raised the limit to as high as $729,750 in 2008 as the private market froze and financing for larger mortgages became unavailable. On Oct. 1, the limits will expire and drop to $625,500 in the most expensive areas, mostly affecting the West and East Coasts. According to Standard & Poor’s, there are around 110,000 nonconforming mortgages in the nation between $625,000 and $729,000 — about 2% of total jumbos. Two bills to extend the limits, one introduced in the House and another in the Senate, were never voted on. A spokesman for Rep. John Campbell (R-Calif.), who co-sponsored the House bill, said an extension did not make it into a short-term spending bill the House will vote on next week. “We are focusing all of our effort and attention on making sure that a temporary extension of the current conforming loan limits is included in an omnibus spending bill that it appears the House and Senate will consider late this year,” Campbell’s spokesman said.
Another staffer confirmed top leadership in the House had been trying to work the conforming loan limits into the spending bill ahead of the Oct. 1 deadline. Such a route had to come from the House, the staffer said. Yet another told HousingWire the odds of getting an extension after the limits expire were very long. Industry trade groups pushed hard this past week, urging lawmakers to extend the limits at a time when the housing market is still fragile. The Obama administration said in its white paper released in February that the first step toward winding down Fannie Mae and Freddie Mac would be to allow the loan limits to expire in October, allowing private capital to move back in. Jaret Seiberg, a research analyst at the Washington think tank MF Global, said in a note that the expiration allows the largest banks to restart their securitization businesses. “The real issue is whether investor demand has returned for private-label RMBS. We believe regulators have some doubts, but would like banks to test the waters,” Seiberg said.
Seiberg did say many borrowers could be forced to come up with higher down payments, and smaller banks will shy away from originating jumbo loans. Some analysts expect house prices to fall even further without the government support at the highest end of the market. “We expect to see significant negative consequences for the struggling housing market as a result of the limit drop after Oct. 1,” Campbell’s office said. “Therefore, it will be even more pressing and pertinent that Congress acts quickly to reverse the limit reduction at the next opportunity.”
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Chris McLaughlin
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About the author:
Chris McLaughlin is widely known as America’s top
Real Estate Attorney and Investment Consultant.
* As the top Florida foreclosure and pre-
foreclosure expert, he oversees more than
100 short sale & REO closings each month
* Long-time authority on real estate investing
and rapid reselling of distressed homes. Owns
portfolio of nearly 150 high-value, high-profit
properties
* Owner of one of Florida’s largest Real Estate firms,
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thousands of investors make money in the
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* In 2010, Chris’ 4 Central Florida real estate offices
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