Forget Your Mortgage - Short Sale Fundamentals
 
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14
Dec

Forget Your Mortgage

Congress is moving at light speed
to get legislation in before the
holidays. The latest measure to
pass is a sweeping bill that will
restructure government economics
and oversight. This bill is designed
to oversee mortgages, ban "predatory"
lending, and declares that no company
is so big it requires a taxpayer bail-
out.

It passed with a slim majority of
the House going for it. This bill is
going to shake things up significantly.
There’s just one minor thing it left
out of the equation. It does not
authorize federal judges to restructure
mortgages.

The debate has raged heatedly across
both parties. Some argue that allowing
judges that power would increase abuse
of the judicial system and ruining any
chance of recovery for the housing
market.

The Mortgage Bankers Association in
particular claims that had the bill
passed with the judicial amendment,
costs would have actually increased
for borrowers.

However, the majority of the House
felt that the other measures were a
step forward in insuring the economy
against future meltdowns.

Among the key elements of the bill:

- Lenders must ensure that borrowers
have the ability to repay their loans.

- It creates an organizations whose
sole purpose is to protect consumers
from abusive financial products and
borrowing instruments.

- Increases oversight of companies
important to the economy and arranges
for them to safely shut down without
the need of bailouts.

- No longer will executives have total
control over the size of their bonuses.

- Provides the government the ability
to enact reforms of the Securities market.

- Requires all hedge funds to be registered.

Such measures might go a long way towards
stabilizing the current shaky economy.

  • http://COShortSaleSpecialists.com Jeri Groves

    No, I don’t think this will help prevent the kind of melt down we’ve experienced. Once you understand the “shared loss” agreements the lenders enjoy, you can understand WHY the big lenders have been able to pay back their bail-outs: YOU AND I ARE PAYING FOR IT!!! Here’s the basic formula:
    Original loan amount + loan arrearages to date of transfer X 70% = amount paid to “acquire” loan by “new” bank (i.e. IndyMac to One West Bank, WAMU to CHASE, etc.)
    Minus NET approved for short sale = profit/basis for “shared loss calculation”
    PLUS “shared loss calculation” (calculated as 80% – 95% of the difference between the original loan amount plus arrearages to date of acquisition minus NET from this closing) = TOTAL PROFIT for bank

    Here’s a “real life” example:
    Original loan amount was $266,500 + arrearages to 3/2009 ($21,941.66 based on statement and monthly loan amount) = $288,441.66
    Acquiring bank pays 70% of $288,441.66 = $201,909
    NET approved for short sale = $194,900 (So, you think “Wow, they lost $7009” …NOT!!!!)
    + “Shared loss” = 80% of ($288,441.66 – $194,900) = 80% of 93,541.66 = $74,833.28 PAID TO THE LENDER BY THE TREASURY/FDIC
    TOTAL PROFIT = $194,900 + $74,833.28 = $269,733.32 less cost for OWB to acquire ($201,909) = $67,824.32 for holding this loan and dragging their feet from March, 2009 to December, 2009 (9 months). ROI = 33.59% or 3.7% PER MONTH. In this case, I presented the “facts” and got the bank to waive their “deficiency rights”; they ALREADY made a profit!

    Bottom line: the banks are STILL making money and the US Treasury (you and I) are footing the bill. Make your blood boil? Contact your congressman! This is a matter of public record and I can cite the documents if you’re interested.

  • SJOLLEY

    I’M VERY MUCH AGAINST THIS BILL” THE GOVERMENT HAS WAY TO MUCH CONTROL” WE THE PEOPLE NEED CONTROL! THE GOVERMENT IS FOR THE PEOPLE! NOT THE PEOPLE FOR THE GOVERMENT! CONTROL OF A FEW WILL DESECRATE OUR FREEDOM….WON’T THIS BILL PROVIDE MORE CONTROL FOR THE GREEDY…?

  • bwhipple

    This is just more control and more government influence. Once you start controlling the “Free Market” it no longer is “Free” it is then “regulated”. The real problem behind the economic crisis is greed and the fact that alot of us have figured out that we can vote goodies for ourselves out of the treasury, when it should be used for the common good. The down economy is the consequence of unethical and greedy (over-agressive) business practices. We are trying to get rid of the consequence now before paying the price. It is like a child who disobeys his parents by eating several handfulls of cookies before dinner and yet he does not want to be sick to his stomach. The discomfort he will feel is inevitable and cannot be avoided. It is the consequence for his actions. This economic down-turn is a necessary adjustment for the actions of yester years. A small bandage on a gaping wound will not work just because we dont want to feel the pain of the doctor applying needed stitches.


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