Archive for Foreclosures

Explanation of judicial and non-judicial foreclosure process:

http://www.all-foreclosure.com/help/judicial.htm

Here is a report written by Carrie Bay. Great information about how the foreclosures are being affected by the States laws.

Standard and Poors (S&P) has released a study that delves deep into the nuances of foreclosure at the state level, namely how timelines and loan losses vary between judicial and non-judicial systems.

The ratings agency notes that differences in foreclosure proceedings by state have taken center stage as of late, particularly with the affidavit issues that came to light last fall and prompted foreclosure suspensions by several major servicers in judicial states.

Bank of America was the only servicer to also temporarily freeze foreclosures in non-judicial jurisdictions, however most servicers examined both judicial and non-judicial cases when conducting their internal reviews into robo-signing allegations.

S&P’s analysis found that foreclosure timelines are approximately twice as long in judicial states versus non-judicial states.

When comparing the average time before foreclosure begins and the average time a property spends in REO, the empirical data shows little difference between judicial and non-judicial states, S&P notes. That leads the agency to conclude that the difference in the duration of the foreclosure process between judicial and non-judicial states is primarily attributable to the nature of the foreclosure proceedings.

According to S&P, roll-rate analysis shows that approximately three times as many homes remain in foreclosure in judicial states when compared with non-judicial states 18 months after foreclosure has been initiated.

Currently, the total percentage of outstanding loans in foreclosure in judicial states is more than double the percentage of foreclosures in non-judicial states, according to S&P’s report.

While foreclosure differences vary greatly between the two groups, S&P found no meaningful difference in the number of loan modifications between judicial and non-judicial states. That’s despite the fact that lenders in judicial states may have a greater incentive to pursue a restructuring or loan modification instead of foreclosure relative to lenders in non-judicial states, according to S&P.

“Theoretically speaking, the increase in time, cost, and potentially higher loss severities associated with the foreclosure process in judicial states may make loan modifications more efficient with respect to maximizing a loan’s value,” S&P explained in its report.

The agency’s study did conclude that loan loss severities are typically lower in non-judicial states, and S&P says recent data suggests that the difference in loan loss severities between judicial and non-judicial states is widening.

“In our view, all else equal, RMBS [residential mortgage-backed securities] bonds with exposure to asset pools with a higher concentration of loans in judicial states will likely have higher and more back-ended losses relative to pools with a higher exposure to non-judicial states,” S&P stated in its report.

The agency says, however, that recent court cases involving foreclosures may have a greater effect on foreclosure timelines and loan loss severities in non-judicial states than in judicial ones, which could narrow the differences between the two groups.

For the purposes of S&P’s study, the agency used the Mortgage Bankers Association’s list of judicial and non-judicial states, and used a non-judicial classification for states listed as both judicial and non-judicial.

S&P’s judicial bucket consists of 21 states and the District of Columbia. Most of the judicial states are in the East and Midwest, and most of the Western states fall into the non-judicial bucket.

 

Sphere: Related Content

Categories : Foreclosures
Comments (0)

In the past 2 days I have read 2 of the most unbelievable posts.  One talks about lowering the principle for homeowners in distress and another proposal to give homeowners $21,000 to move from their foreclosed homes.

Enough already – most of the people in foreclosure are living in homes that owe them nothing. So what if the value went down – they purchased with no money down, some lied about their income and others re-fianced so many times to pay for their toys the value is not there anymore.

Get real people, when you signed your mortgage documents they say pay or they will foreclosure. Now people are living in their homes for years not paying a dime and they are whining. $21,000 to move, get a grip. Also lowering the principle – come on.

How about rewriting the loans IF they qualify to a 50 year term and if they are foreclosed on get the heck out, you have been living for free.

Some people have real problems and those issues should be addressed, but most do not.

Thanks for letting me rant!!!

Sphere: Related Content

Categories : Foreclosures
Comments (0)

Rep. Spencer Bachus (R-Alabama), chairman of the House Financial Services Committee, announced this week that he has scheduled a subcommittee hearing and full committee markup of four bills that will terminate what he says are “failed and ineffective housing foreclosure programs.”

On the chopping block are the Home Affordable Modification Program (HAMP), HUD’s Neighborhood Stabilization Program, the Federal Housing Administration (FHA) Short Refi Program, and the Emergency Homeowner Relief Fund passed under the Dodd-Frank Act.

A hearing will be held on March 2 by the Insurance, Housing and Community Opportunity Subcommittee to review the four bills addressing each federal program, followed by a full committee markup on March 3.

“In an era of record-breaking deficits, it’s time to pull the plug on these programs that are actually doing more harm than good for struggling homeowners,” said Rep. Bachus. “These programs may have been well-intentioned but they’re not working and, in reality, are making things worse.”

Rep. Judy Biggert (R-Illinois), chairman of the Insurance and Housing Subcommittee, added, “We need to break down barriers that have delayed the housing recovery, including expensive and ineffective government programs that have failed to help homeowners. Unfortunately, these programs were set up in haste, executed poorly, and have done little to restore stability in the marketplace.”

Biggert continued, “A government program that spends more to save a single borrower than it costs to buy a home is no help at all – it’s just a waste of taxpayer money. We need to stop funding programs that don’t work with money we don’t have.”

Rep. Barney Frank (D-Massachusetts), ranking member and former chairman of the House Financial Services Committee, said he was “very disappointed” by the move that would “eliminate programs which help the victims of the financial crisis.”

Frank pointed out that the Emergency Homeowner Relief Fund, in particular, provides assistance to people who are unable to pay their mortgages not because they were imprudent or irresponsible but because they are unemployed. He notes that it is modeled after a program in Pennsylvania that has already proven successful, and he described the Dodd-Frank measure as “the single most effective anti-foreclosure program that has been put forward.”

Frank added that HUD’s Neighborhood Stabilization Program provides funding to municipalities to cope with the blight, expense, and destabilization brought on by vacant and abandoned properties. He described Bachus’ plan for its termination as “an attack on cities.”

Sphere: Related Content

Comments (6)

This an article I came across from one of the sites that I view. Gives a good recap of what has been happening

By Carrie Bay

RealtyTrac has released its year-end 2010 foreclosure sales report, which shows that foreclosure homes accounted for nearly 26 percent of all U.S. residential sales last year, down from 29 percent of all sales in 2009 but up from 23 percent in 2008.

The tracking firm defines a foreclosure sale as the sale of a property that occurs while the home is actively in some stage of foreclosure, including a pre-foreclosure short sale, a home sold to a third party at foreclosure auction, or an REO sale. It does not include property transfers from the owner in default to the foreclosing bank or lender.

RealtyTrac’s report also shows that the average sales price of these foreclosure properties was more than 28 percent below the average sales price of properties not in the foreclosure process – up from a 27 percent average discount in 2009 and 22 percent in 2008.

According to the company’s analysis, a total of 831,574 U.S. residential properties either owned by banks or in some stage of foreclosure sold to third parties in 2010. That’s down 31 percent from the number of foreclosure homes sold the year prior. Meanwhile, RealtyTrac says the sales volume of non-foreclosure properties in 2010 decreased nearly 19 percent from 2009.

Foreclosure sales during the final part of last year were impacted by robo-signing issues and the foreclosure moratoriums that followed from several major servicers. RealtyTrac reports that 149,303 foreclosure sales were recorded in the fourth quarter of 2010, down 22 percent from the previous quarter and down 45 percent from the fourth quarter of 2009. That comes despite a 21 percent monthly uptick in foreclosure sales volume in December.

James Saccacio, RealtyTrac’s CEO, points out that fourth-quarter foreclosure sales volume hit its lowest level since the first quarter of 2008, and in addition to the foreclosure paperwork controversy that hit at that time, he attributes the decline to stifled demand from the expired homebuyer tax credit.

Still, Saccacio notes that foreclosures continue to represent a substantial percentage of all U.S. residential sales. “The catch-22 for 2011 is that while accelerating foreclosure sales will help clear the oversupply of distressed properties and return balance to the market in the long run, in the short term a high percentage of foreclosure sales will continue to weigh down home prices,” he said.

Breaking down foreclosure sales by type, RealtyTrac reports that a total of 512,886 REO properties sold to third parties in 2010 at an average discount of 36 percent. REOs accounted for 16 percent of all sales last year.

A total of 318,688 pre-foreclosure properties — in default or scheduled for auction — sold to third parties last year, with an average discount of 15 percent. Pre-foreclosure sales accounted for nearly 10 percent of 2010 home sales.

Nevada (57 percent), Arizona (49 percent), and California (44 percent) posted the highest percentage of foreclosure sales in 2010.

Other states where foreclosure sales accounted for at least one-quarter of all sales were Florida (36 percent), Michigan (33 percent), Georgia (29 percent), Idaho (28 percent), Oregon (28 percent), Illinois (26 percent), Virginia (25 percent), and Colorado (25 percent).

Ten states posted foreclosure discounts of more than 35 percent, led by Ohio, with an average discount of nearly 43 percent, and Kentucky, where foreclosures sold for an average discount of 40 percent. The eight other states are: Tennessee, California, Pennsylvania, Illinois, New Jersey, Michigan, Georgia, and Wisconsin.

Sphere: Related Content

Comments (6)

This is a great article I caught on the new – it explains what is going on in the Country – maybe no solutions, but a good report

http://news.yahoo.com/s/ap/20110208/ap_on_bi_ge/us_stress_map

Categories : Foreclosures
Comments (0)

This is an article I found on one of the blogs that I read:

10 Real Estate Stats From This Week
by DOUGLAS LAZOVICK on FEBRUARY 5, 2011

Busy week planning your Super Bowl party? Not enough time to catch up on this week’s real estate articles? No worries, I’ve compiled some real estate stats I ran across this week:

18.4 Million – The number of U.S. homes vacant in the 4th quarter of 2010. Of the nearly 131 homes in the U.S., only 112.5 million are occupied. About 75 million of those occupied homes are owned and about 38 million are rented. Furthermore, home ownership fell from 66.9% to 66.5% in the 4th quarter as well.

4.8 % – Average rate on a 30-year fixed mortgage. That’s up from 4.74% last week and the second week in a row that rates have risen

2% – Percent increase in contracts signed on U.S. homes in December. This follows a 3.1% increase in November. Every region experienced an increase in contract signings except for the West. The South experienced an 11.5% increase, the Midwest an 8% increase, the Northeast a 1.8%. Contracts signed in the West fell 13.2%. Since June 2010, contract signings are up 24%.

$162 Million – The amount in legal fees spent defending Fannie Mae and Freddie Mac and their former executives. That includes $24 million spent to defend former Fannie executive Franklin Raines.

$ 5 Billion – Hedge Fund manager John Paulson’s 2010 payday. Paulson, who made a name for himself in 2007 betting against sub-prime mortgages, made the majority of his money this time around betting on the economy recovering.

$22 Million – Listing price on a privately held 4.114 acre island in the middle of San Francisco Bay. That’s correct, for less than a quarter $100 million, the exclusive Red Rocks Island near the Richmond/San Rafael bridge can be all yours.

$500,000 – The price of a green card. Through a 20 year-old federal program, a foreign national can obtain a green card by investing at least $500,000 in a U.S. real estate development project.

1.08% – Foreclosure rate in the New York metro area. 1.08% foreclosure rate represents the lowest of any of the top 10 metro areas. Foreclosure rates are low in New York due to the fact that there has only been a 13% drop in value, there are many more renters in New York than most other cities and condo and co-op boards were very selective in approving sales and often required large down payments.

10.88% – Foreclosure rate in the Las Vegas metro area. 10.88% foreclosure represents the highest of any metro in the U.S.

$4683 – Average price for a Super Bowl ticket. Hope everyone enjoys the game.

Sphere: Related Content

Categories : Foreclosures
Comments (1)
Feb
05

The Foreclosure Future

Posted by: Jeanne Lovely | Comments (6)

The foreclosure market does not appear to be improving very quickly. I do agree that 2014 is the year for recovery.

I am a licensed auctioneer in 4 States and in 3 of those States we do the Auction on the front lawn of the property.

We have been postponing the foreclosure auctions on the same homes for 6 months, then the auction is cancelled and the foreclosure process is restarted. Some of these homes are vacant, and have been for years.

No one is making these payments. I know of many high end properties owners who have not paid the mortgage for years, but the children are attending private schools, riding their horses, have ski passes and are going on expensive vacations a few times a year.

In some of the middle class areas we see 5 cars in the driveway on weekdays, and most of them are not older models. No one is working, but they are driving!

The Investment properties also have their stories. Landlords collecting the rents and not paying the mortgage. Most of the time when we pull up to the properties the tenants have no idea that the home in is foreclosure. Some of their stories are horrific. There are many instances when we get to the property we see moving trucks, and they are not moving out, they are moving in. The landlord took 3 months of payments from them and never told them about the foreclosure.

I believe that the only way to recovery is to allow the mortgage contracts to be honored and foreclose on these properties.

The government is only postponing the inevitable at the expense of the people who are currently paying their financial obligations.

I do understand that unemployment is at the highest point ever and people do have health issues but those are not the people who are creating this problem and crashed this market.

The people I hear complain the most are the ones that used the 80/20 mortgages, no doc loans with no money down and interest only mortgages. What were they thinking????

Property values in the 90′s were escalating so fast the bottom had to fall out.

The ailing Home Affordable Modification Program (HAMP) may be coming to an end. Three congressmen, Reps. Jim Jordan, Patrick McHenry, and Darrell Issa have proposed a bill to end the program. If this happens it should speed up the foreclosure process.

Sphere: Related Content

Categories : Foreclosures
Comments (6)

DS News released the following report based on the Congress established the Financial Crisis Inquiry Commission.

In May 2009, Congress established the Financial Crisis Inquiry Commission to investigate the causes of the worst financial crisis since the Great Depression. The 10-member commission released the results of its findings in a scathing report published Thursday.

Their conclusion? The housing collapse and the economic crisis that followed could have been averted. The panel spread blame across a wide gamut, from Wall Street to Main Street to Pennsylvania Avenue.

In their report, the committee members said, “The Commission concluded that this crisis was avoidable. It found widespread failures in financial regulation; dramatic breakdowns in corporate governance; excessive borrowing and risk-taking by households and Wall Street; policy makers who were ill prepared for the crisis; and systemic breaches in accountability and ethics at all levels.”

The panel describes the events of 2007 and 2008 as neither bumps in the road nor an accentuated dip in the financial cycles that should characterize a free market economic system, but rather a “fundamental disruption – a financial upheaval, if you will – that wreaked havoc in communities and neighborhoods across this country.”

As the commission’s report went to print, its members note that there are more than 26 million Americans who are out of work, four million families who have lost their homes to foreclosure, another four and a half million families in the midst of a foreclosure or seriously delinquent on their mortgage payments, and nearly $11 trillion in household wealth that has simply vanished.

“Our mission was to ask and answer this central question,” the commission stated, “how did it come to pass that in 2008 our nation was forced to choose between two stark and painful alternatives – either risk the total collapse of our financial system and economy or inject trillions of taxpayer dollars into the financial system and an array of companies, as millions of Americans still lost their jobs, their savings, and their homes?”

While the vulnerabilities that created the potential for crisis were years in the making, the commission’s report
stresses that it was the collapse of the housing bubble – fueled by low interest rates, easy and available credit, scant regulation, and toxic mortgages – that ignited a full-blown crisis, thanks to trillions of dollars in risky mortgages that had become embedded throughout the financial system, as mortgage-related securities were packaged, repackaged, and sold to investors around the world.

So who’s responsible for the infestation of high-risk mortgages? The panel says the captains of finance and the public stewards of our financial system ignored warnings and failed to question the risks in what the report describes as “a big miss.”

“The prime example is the Federal Reserve’s pivotal failure to stem the flow of toxic mortgages, which it could have done by setting prudent mortgage-lending standards,” the report says.

Add to that more than 30 years of deregulation, supported by successive administrations and Congresses and “actively pushed by the powerful financial industry,” and you’ve got a model for disaster stripped of key safeguards, according to the commission.

The panel says its investigation also revealed “stunning instances” of breakdowns in corporate governance and irresponsibility. In the report, they point specifically to AIG senior management’s ignorance of the terms and risks of the company’s $79 billion derivatives exposure to mortgage-related securities; Fannie Mae’s quest for bigger market share, profits, and bonuses; and the costly surprise when Merrill Lynch’s top management realized that the company held $55 billion in ‘super-senior’ and supposedly ‘super-safe’ mortgage securities that resulted in billions of dollars in losses.

The panel finds fault with consumers, too, which the report says “borrowed to the hilt, leaving them vulnerable to financial distress.” From 2001 to 2007, the report notes, national mortgage debt almost doubled, and the amount of mortgage debt per household rose more than 63 percent from $91,500 to $149,500, even while wages were essentially stagnant.
The commission also concluded that the government’s key policy makers were ill prepared for the crisis, and their inconsistent response added to the uncertainty and panic in the financial markets.

“The impacts of this crisis are likely to be felt for a generation. And the nation faces no easy path to renewed economic strength,” the panel wrote in its report. “The greatest tragedy would be to accept the refrain that no one could have seen this coming and thus nothing could have been done. If we accept this notion, it will happen again.”

Sphere: Related Content

Categories : Foreclosures
Comments (2)

n his report to Congress published this week, Neil Barofsky described the drawbacks and potential problems the bank bailout had created in regard to companies deemed “too-big-to-fail.” His report also covered controversial issues surrounding the Home Affordable Modification Program (HAMP), designed by Treasury as a foreclosure prevention effort.

Barofsky is the special inspector general for the Troubled Asset Relief Program (TARP). The HAMP initiative, including incentive payouts to servicers, borrowers, and investors, is funded with TARP dollars.

HAMP, Barofsky says in the report, “continues to fall dramatically short of any meaningful standard of success.”
According to Barofsky, the program was doomed from the beginning, because it was inefficiently designed with inconsistent rules that have been revised too frequently.

He calls the 522,000 permanent modifications the program provided in 2010 “anemic,” and calls attention to the more than 792,000 trial and permanent modifications that have been canceled and more than 152,000 that are still in limbo.

In December, the Congressional Oversight Panel estimated that at this rate, HAMP will generate anywhere from 700,000 to 800,000 permanent modifications, a far cry from the 3 to 4 million modifications predicted by Treasury.

Not only does Barofsky assert that HAMP is not working because of poor design and implementation, but he also says another issue is the participation and administration of the program by servicers. Servicers, he says, have been compounding the problems of the program with unnecessary delays, by failing to follow program standards, and even by misplacing borrower paperwork. Treasury’s reaction to these issues has been lenient because of a fear that enforcing the program rules will encourage servicers to discontinue use of HAMP all together.

“Without meaningful servicer accountability,” Barofsky writes, “the program will continue to flounder. Treasury needs to recognize the failings of HAMP and be willing to risk offending servicers. And if getting tough means risking servicer flight, so be it; the results could hardly be much worse.”

Barofsky extends an appeal for TARP to maximize the potential benefits of HAMP by setting “realistic and meaningful goals for its collective foreclosure prevention efforts.”

North Carolina Congressman Patrick McHenry, chairman of the oversight subcommittee on TARP issued a statement expressing his disappointment after receiving his copy of Barofsky’s report:
“…the so-called Home Affordable Modification Program yet again gets a failing grade,” he said. “What will it take for the Treasury to realize that serious changes must be made to this program? Homeowners are hurting and this program continues to do more harm than good.”

Sphere: Related Content

Comments (0)

Realty Trac has released its 2010 foreclosure tallies for the nation’s largest metropolitan areas.

The tracking firm found that foreclosure activity increased from 2009 in 149 of the 206 metros with a population of 200,000 or more, or 72 percent. Interestingly enough, the metro areas with the 10 highest foreclosure rates all posted decreasing activity from 2009, but RealtyTrac says foreclosures became more widespread last year as high unemployment drove activity up in parts of the country that had been relatively insulated from the initial foreclosure tsunami.

“Foreclosure floodwaters receded somewhat in 2010 in the nation’s hardest-hit housing markets,” said James J. Saccacio, RealtyTrac’s CEO. “Even so, foreclosure levels remained five to 10 times higher than historic norms in most of those hard-hit markets, where deep fault lines of risk remain and could potentially trigger more waves of foreclosure activity in 2011 and beyond.”

Among the 20 largest metros, RealtyTrac says Houston (+26%), Seattle (+23%), and Atlanta (+21%) saw the biggest increases in foreclosure filings last year. However, cities in California, Florida, Nevada, and Arizona once again accounted for the nation’s 10 highest foreclosure rates, despite the fact that their activity retreated.

The Las Vegas metro claimed the No. 1 spot, with one in every nine homes there receiving a foreclosure filing last year – nearly five times the national average. That’s despite the fact that filings were down 7 percent from 2009. A total of 88,198 Las Vegas-area properties received a foreclosure filing in 2010.

Cape Coral-Fort Myers, Florida documented the nation’s second highest metro foreclosure rate, with one in every 12 housing units (8.40%) receiving a foreclosure filing in 2010. A total of 30,660 properties in the metro area received a filing in 2010, down 28 percent from 2009.

Sphere: Related Content

Categories : Foreclosures
Comments (0)