The Foreclosure Blight? - Short Sale Fundamentals
 
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03
Feb

The Foreclosure Blight?

This is another statistic that lends to the reason why short sales are becoming a popular method of liquidation for lenders. The homeowners usually work out a payment plan with their lender and 80% of them don’t even receive a FIRST PAYMENT! It is no wonder why banks are discounting properties so frequently. Now is the best time for you to learn about short sales.


CRL Criticizes Government’s Loan Modification Program
Article: Kerri Panchuk | 01.30.08

The Center for Responsible Lending (CRL) says the U.S. Treasury Department’s existing plan to help distressed homeowners is ineffective and realistically will only have the impact of preventing 118,200 foreclosures, which is only 3-percent of the outstanding subprime loans that are in the marketplace heading towards rate resets.

CRL said, “This analysis shows the Treasury plan, plus existing lender modifications, barely make a dent in the growing foreclosure crisis and will allow subprime damage to continue spreading through the entire economy.”

In a critique of the plan, CRL claims data supplied by the Mortgage Bankers Association points to a disturbing trend in which voluntary loan modifications will be significantly outnumbered by potential foreclosures.

Below is a verbatim list of CRL’s criticisms of the Treasury Department’s plans:
(Source: CRL)

On all loans, industry data show that for every loan modification made by a lender, seven times as many foreclosures are initiated. For the subprime adjustable-rate mortgages (ARMs) that are at the root of the current crisis, foreclosures outnumber modifications 13-to-1.

Lenders are giving themselves credit for loan "repayment plans," but these should not count. Repayment plans make homeowners’ monthly mortgage payments higher. And they allow lenders to designate a distressed loan as being current without actually changing any of the terms that made a mortgage unaffordable in the first place.

It is questionable whether even the true loan modifications will be sustainable because lenders have no obligation to report outcomes. In fact, previously Countrywide acknowledged that most of its touted modifications actually "involved deferring overdue interest or adding the past due amount to a loan," not reducing interest rates or principal balances on unaffordable subprime ARMs.

  • http://www.markdennysr.com Mark Denny

    Hello Cory,

    I agree.

    Now is the best time to get in to Short Sales. The short sale that I got approve for a client happened to be from a loan modification that she could not fulfill. I have actually been using the modification plan as part of my marketing and most of the people that have tried to apply for the plan could not qualify. So I told them that the next step is to try for a short sale.

    I am also working on a presentation to build a team of people to assist me in all the details involved in the short sale business.

    Thanks to your home study course, I am ahead of most Realtors when it comes to handling short sales. It is now my goal to learn about private lending so I can do more as an investor instead of a Real Estate associate.

    Feel free to give me any tips that will help me toward my goals.

  • Tamara

    I am not surprised at all, in fact I had a feeling. I have LITTLE or NO faith in banks, lenders, BIG BUSINESS that take and take and take from the general public. They are the worst crooks out there…anything for money.

    I agree, short sale and help as many people as we can because there is a lot to help!

  • kim

    It’s interesting that you mention Countrywide in your story because that company is exactly the one I think about when I think of bad lender practices. I have a friend who wanted me to take a look at her home right before she had no other alternative but to let the bank have it. Too late for me to do much of anything since Countrywide did not want to hear any alternatives. To make it worse, my pal let a bankruptcy attorney talk her into bankruptcy too early so he could make a fee. My friend is quite a negotiator and can buy almost any big ticket item at a discount in almost any store. Her lender was totally uncooperative about recasting her loan. They lied about how much the rates would rise, and even were allowed to draft their documents so they didn’t have to tell the full story. Just like credit card companies, these mortgage lenders have been allowed to raise rates and change terms almost at will. And are you aware that an Ohio federal judge recently called lenders on the carpet to prove they even own the debt they foreclose on? Yes folks, it has been standard practice to let lenders foreclose on debt they can’t even prove they own because they bundled them into securities. The same loan may go into several pools. Foreign investors are threatening to sue and that’s why you are being encouraged to refinance so quickly. Once you refinance, the last lender, who may be honest, muddies the legal waters, and the bad lender can say, well, you had the chance to do YOUR due diligence on this iffy loan we made. It’s YOUR baby now. They are talking about freezing foreclosures. Sounds nice, but what does that do to a carry back homeseller? They can’t afford to lose those months of payments like a corporate entitity can. As always, the solutions politicians propose simply play to the traditional lenders at the expense of private capital. I am not having much luck with politicians speaking out about this. So far in this election they all are ignoring these issues, and simply moving into the mode of more breaks for bad traditional lenders. They seem to be moving towards removing some of the charges homeowners face after a short sale though. Which is a good thing because many investors I run across aren’t telling, or they don’t know, that homeowners may face post short-sale charges to make up for lender losses.

  • David G

    I have seen the lenders are open to loan modification.

    For lenders holding a 1st, they seem to be willing to recast the loan balance but unwilling to change the interest rate. Changing the rate would require a new note. Holders of 2nds are renegotiating the principal balances to lower the payments. However as with any mortgage, borrowers must prove their ability to pay and in many, many cases are unable to do that even with a lower payment.

    It’s also important to note that in most cases a lender can and will accelerate the foreclosure process if one of these agreements are defaulted on, and the borrower should seek legal advice before accepting any forebearance or loan modification.

    Without lender cooperation regarding the note, short payoffs are the only way out. That is if the borrower really cares about minimizing deficiency. There’s alot of folks out there who don’t and are just walking away after partying on the free use of a house for X number of months.

    That’s why your hearing that banks are approving so few changes to notes. With the economy slowing, many who were on the edge of a cliff financially have just fallen in the abiss.

    So as my friend in Jersey said, “It’s time to hunker down.”


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