Home Buying Center LLC
1-888-444-BUYER
About Us
Sell A House
Buy A House
How It Works
Investors
Contact Us



Archive for the 'Real Estate News' Category

Task force targets home buyers, brokers who lied on mortgage applications

Monday, November 3rd, 2008

A law enforcement task force is investigating thousands of Bay Area homeowners, mortgage agents, investors and others who may have committed mortgage fraud, the latest fallout from a housing bubble that wrecked the finances of countless people.

Federal, state, and local investigators who make up the 30-member task force have begun to probe as many as 11,000 cases involving people who may have committed fraud during the residential real estate frenzy, said Assistant U.S. Attorney Susan Badger. She heads the task force on behalf of the U.S. attorney’s office in San Francisco.

Some local mortgage agents say at least one-third — and perhaps one-half — of the home loans that were written in the East Bay at the height of the housing bubble were loans with fraudulent documentation about income and debt of borrowers.

“The crimes run the gamut,” Badger said. “The task force is looking at crimes committed by people from the top down and from the bottom up. There were a whole lot of participants in this. There is a whole array of culpability from people who turned a blind eye or committed out-and-out fraud.”

Among the types of people who are being probed for illegal activities:

 

  • Borrowers who lied on their loan applications to obtain loans they couldn’t afford by overstating their income or understating or hiding their debts. 

     

  • Mortgage agents who participated in that fraudulent process by helping borrowers lie on the applications.
  • Investors with poor credit who used “straw borrowers” with good credit. The creditworthy borrowers would have their names on the mortgage and sometimes got stuck with the loan payment when the fraudulent investor skipped out on their commitment to make the loan payments. 

     

  • Brokers who placed false information in an application by filling out the forms for the borrowers. 

    “You see a lot of naive, trusting people who wanted the American dream so badly that they didn’t ask many questions,” Badger said.

    Some real estate executives said they weren’t surprised that the government is going after people in the Bay Area who might have committed mortgage fraud.

    “There was an explosion of speculative fever with all the new homes being built in the East Bay and the Central Valley,” said George Duarte, broker-owner of Horizon Financial Associates, a Fremont-based mortgage brokerage. “It just got extreme and it was wrong.”

    What typically happened, executives said, is that an individual seeking a mortgage often could obtain a loan that obliged the borrower to simply state income or debt levels without any verification that the information was accurate. These were known as stated income, or limited documentation, or no documentation, loans.

    “It was a pretty common practice at the time,” said Don Morton, a broker with Danville-based Empire Realty Associates. “We used to call them liar’s loans. People would do whatever it took to get the loans approved.”

    Mortgage agents were likely aware if somebody was stating something false, said Guy Schwartz, manager of the Walnut Creek office of CMG Mortgage.

    “Somebody had to tell these people how much income they needed to state to qualify for a loan,” Schwartz said. “They had to know how much they needed to get over the hurdle. The borrowers were unlikely to come up with the right figure on their own.”

    The Greenlining Institute criticized the U.S. attorney’s office for its focus on individual borrowers.

    “The federal prosecutors are going after the low-hanging fruit,” said Robert Gnaizda, Greenlining Institute general counsel. “The blunderbuss actions of U.S. attorneys may trap large numbers of innocent homeowners.”

    A better group of targets, Gnaizda said, would be executives of companies such as World Savings and Countrywide.

    “The prosecutors should go after the CEO or other top executives of Countrywide, or they should go after Washington Mutual officials, or Wachovia officials, or World Savings or Golden West officials. The World Savings executives reside in the Bay Area. The prosecutors should at least investigate them.”

    Gnaizda confirmed he was specifically referring to former Golden West and World Savings chief executives Herbert Sandler and Marion Sandler.

    “World Savings was the most liberal in pushing these loan programs,” Duarte said.

    “There are a lot of active investigations,” Badger said. “Charges are imminent.”

  • The Brilliance Of The JP Morgan (JPM) Mortgage Salvation Plan

    Monday, November 3rd, 2008
    Congress does not like the way that most bailout money is going to banks. It wants to see the little guy with the underwater mortgage and stagnant income get some direct help. Federal agencies say that working with millions of homeowners is too complex, at least for now, and that the current legislation does not go far enough to aid the system mortgage-by-mortgage.
    All that wrestling about who will help people who are going to get thrown out of their homes was addressed by JP Morgan (JPM). It will simply wade into its mortgage pool and help those who cannot help themselves. Some cheaters may make in through a loop-hole, but the big bank is not letting that deter it.
    The US bank will renegotiate as many as $70 billion of its mortgages and freeze foreclosures for a much as 90 days. According to the FT, “The measures are expected to stave off the threat of home repossessions for 400,000 families by cutting their mortgage bills.” The action addresses an astonishingly large part of the housing madness. If it is followed by Bank of America (BAC), which bought CountryWide, and Wells Fargo (WFC), which will own Wachovia, the actions could put a floor under the housing market without the federal government doing a thing.
    RealtyTrac reports that there were 765,558 foreclosure filing in Q3. If the WFC and BAC follow JP Morgan’s lead, well over one million troubled mortgages could be addressed between now and the end of the year. Given the size of the Countrywide portfolio, which is believed to be the largest subprime pool in the US mortgage market, an aid program from the banks might reach closer to 1.5 million homeowners.
    It would be ironic if three larges banks which helped plunge the financial system into darkness were the major instruments of saving it. Toxic paper and mortgaged-backed securities at JPM, BAC, WFC, and the troubled banks they bought caused tens of billions of dollars in write-downs and helped freeze up the credit system.
    The biggest threat to a financial system recovery is still considered to he the accelerating drop in housing prices and the foreclosures that attend that.
    Private banks may end up providing the aid package the federal government has been slow to come up with.

    Housing remains the biggest problem facing the US economy

    Monday, November 3rd, 2008

    Of all the problems facing America’s Main Street economy, housing remains the most significant.

    In spite of having a long lead-time on the rest of the economy – the housing market began to tank 18-24 months ago – the situation is only getting worse.

    One recent report, from property research firm First American CoreLogic, estimates that at least 7.5m Americans are already in negative equity – owing more on their mortgage than their home is worth – with another 2.1m on the brink. MoodysEconomy.com estimates the negative equity figure could be as high as 12m.

    More than 1m homeowners are already in the process of having their home foreclosed – or repossessed – by their mortgage lender, and a further 4m have missed at least one monthly mortgage payment.

    In spite of these figures, the end does not seem to be in sight. Most economists agree that the US has yet to reach the nadir of its mortgage crisis, but until it does, the economy cannot really begin to turn the corner.

    As Sheila Bair, chairman of the Federal Deposit Insurance Corporation, has stressed in recent days, a portion of the Treasury’s $700bn Troubled Assets Relief Programme (TARP) could be well used to assist those struggling to meet mortgage payments.

    Her plan – which she continues to discuss with Treasury Secretary Hank Paulson – would see 3m homeowners given some assistance. The problem with such a scheme, however, is that it would be terribly divisive, leaving out millions of taxpayers who are having difficulties paying their mortgages – and yet will still contribute to the TARP fund through their taxes.

    A better way – and possibly the only way – of solving the situation is for the lending banks themselves to begin to work through the problems in the mortgage market. JP Morgan Chase’s move on Friday to modify $110bn of mortgages in a bid to limit foreclosures is certainly a step in the right direction, one that the rest of the $12 trillion mortgage industry should take notice of – or be made to take notice of by a future Presidential administration – in order to ensure the problems within the market do not get any worse.

    Chase to halt new foreclosures for 90 days

    Monday, November 3rd, 2008

    JPMorgan Chase won’t put any more homes into foreclosure for the next 90 days while it implements a plan to help borrowers stay in their homes, the company said.

    The plan will include proactive offers to refinance mortgages to more affordable terms and a network of 24 regional counseling centers.

    Chase will hire 300 loan counselors and 150 people to review mortgages before they are placed into foreclosure to ensure homeowners were offered modifications first.

    With the customers of the newly acquired Washington Mutual in the fold, Chase’s program could help about 400,000 families with $70 billion in loans, the company said. It didn’t estimate a cost.

    New York-based JPMorgan Chase (NYSE: JPM) received $25 billion through the U.S. Treasury Department, which became a shareholder in the bank.

    Chase will offer borrowers with payment option ARMs alternatives such as 30-year, fixed-rate loans with affordable payments, principal deferral and interest-only payments for 10 years.

    “All the offers will eliminate negative amortization and are expected to be more affordable for borrowers in the long term,” Chase stated in a press release.

    Other Chase and WaMu borrowers who could experience problems also will receive help through interest-rate reductions and principal forbearance, in which the bank would forgive part of the principal.

    As another part of the program, Chase said it plans to discount or donate 500 homes to community groups, nonprofits or government programs.

    Sacramento Will Get $32 Million to “Flip” Foreclosures

    Tuesday, October 28th, 2008

    SACRAMENTO, CA - The Central Valley has been impacted by the foreclosure crisis more than any other area in the country. Finally that recognition brings with it some reward.

    Sacramento city and county officials announced Friday they will receive nearly $32 million in federal aid to buy and rehabilitate foreclosed homes in the hardest hit neighborhoods.

    The money comes as part of the Housing Rescue bill passed by Congress last summer.

    “It is our intention to take it and target it in areas where we think we can make a real difference,” said county supervisor Roger Dickinson.

    Pending approval next week from the city council and county supervisors, the Sacramento Housing and Redevelopment Agency will administer the federally-sponsored Neighborhood Stabilization Program.

    SHRA has already identified areas where it will buy bank-owned homes and subsidize developers to rehab them for new homeowners or renters. The areas include Galt, south Sacramento, Del Paso Heights and North Highlands.

    In cases where developers are not interested, SHRA will take a more active role.

    “The city and county are becoming flippers,” joked Mayor Heather Fargo.

    SHRA expects to supervise the purchase and rehabiliation of more than 400 homes within 18 months. Money raised from the operation will be used to buy more homes over the next five years. Any excess money must then be returned to the federal government.

    No city in California is receiving more money for foreclosure purchases other than Los Angeles. The money going to Sacramento is more than the amount being received by any one of 20 individual states.

    Stockton will be getting $12.1 million for a similar program, and unincorporated San Joaquin County will get $9 million.

    Modesto will get $8.1 million and the rest of Stanislaus County will get $9.7 million.

    Thieves Pick Apart Foreclosed House

    Saturday, October 25th, 2008

    LATHROP, CA - Usually you can spot the foreclosure homes through abandoned yards and newspapers in the driveway. One home in Lathrop is identifiable by its missing garage door.

    It’s in the Mossdale Landing development west of Interstate 5. The developer, Pacific Mountain Homes, has gone into foreclosure for the 66-home project.

    What used to be one of the model homes is anything but inviting now. The garage door has been torn from the foundation, as has a regular door leading from the garage to the side yard. Thieves were so thorough, they even gouged a large piece of metal from an exterior wall of the home.

    The 66 homes will be up for auction at the courthouse in Stockton later this month.

    Experts Meet to Brainstorm Foreclosure Crisis

    Thursday, October 23rd, 2008

     Some of the country’s top economists and bankers gathered with representatives from the Federal Reserve on the University of California, Berkeley campus. Their focus was falling home prices and the foreclosure crisis - one of the keys to getting the economy on a rebound.

    Nearly half of all California homes sales in September were foreclosures. Reversing that trend is not going to be easy; home prices are expected to continue to fall, San Francisco Federal Reserve bank President Janet Yellen said.

    “First, the ratio of house prices to rent still remains high by historical standards, suggesting that further price declines are needed to bring housing markets into long-run balance,” Yellen said. “Second, the large inventories of unsold homes, that also can be expected to continue to put downward pressure on prices.”  

    It will take long-term solutions to address the economic downturn, Yellen said, and the group of 300 leaders from the academic and banking world is hoping to come up with some break-through ideas.

    “Well, there will be various proposals that we’ll probably hear that will do with write-downs on the amount of mortgages that some of the troubled homeowners have; that’s one possibility,” Haas School of Business professor James Wilcox said. “I wouldn’t be surprised if people start to talk about tax cuts that would give stimulus to people who buy houses during 2009.”

    Some participants also recommend that one agency take charge of regulating the lending industry, replacing several with overlapping duties. Others suggest Congress will need to consider changing laws, such as lifting the ban on bankruptcy courts modifying loan contracts on principal residences.

    “They need to inspire home buyers to buy property — to share in the American Dream,” Wells Fargo executive Brad Blackwell said. “Second, to educate them, and third is the enable them through a healthy financial market.”

    Banks Forced to Maintain Foreclosed Homes

    Wednesday, October 22nd, 2008

    Banks will face stiff fines for not maintaining foreclosed properties in Richmond. 

    The city council decided Wednesday to fine banks up to $1,000 per day.

    The decision was in response to the large number of foreclosed homes that are left unattended and falling into disrepair. A state law passed in July gives cities the authority to impose fines on banks neglecting their foreclosed properties

    Foreclosures smashing sales records, depressing prices

    Monday, October 20th, 2008

    Foreclosures have become so pervasive, they are improving sales in some locations,  but not without deeply depressing home prices. 

    On the other side of the coin, foreclosure prevention law may be helping stem the tide.

    Nationwide, one in every 475 homes was in some state of foreclosure in September and the rate of foreclosures for the third quarter soared by 71 percent, compared to a year ago, according to RealtyTrac’s September and third quarter U.S. Foreclosure Market Report.

    Nevada, Florida and California posted the top state level foreclosure rates in September. Foreclosures in California accounted for nearly a third of the nation’s foreclosures.

    One in every 189 housing units received a foreclosure filing during September in the Golden State, which accounted for six of the top 10 cities with the highest rates of foreclosure.

    California’s foreclosure sales are yanking prices down from San Diego to Silicon Valley.    

    In Southern California, with a full 50 percent of all home sales coming from the foreclosure sector, sales skyrocketed a record-setting 65 percent in September, compared to a year ago, as the median price headed south of the $300,000 border, plunging more than 33 percent, according to San Diego, CA-based DataQuick.

    Up north, in the nine-county San Francisco Bay Area, the weather was only slightly better. Some 42 percent of all resale homes sold in September were from the ranks of foreclosures. Sales soared 45 percent, but prices plummeted 36 percent, compared to a year ago, DataQuick reported.

    The real estate research firm also said in Silicon Valley, where more than 30 percent of sales came from foreclosed properties, home prices dropped more than 27 percent even as sales charged ahead by 30 percent.

    The foreclosure numbers do show a 12 percent decline from August to September this year. RealtyTrac says that’s due to new state laws that help avoid house wrecks.

    “Much of the 12 percent decrease in September can be attributed to changes in state laws that have at least temporarily slowed down the pace at which lenders are moving forward with foreclosures,” said James J. Saccacio, chief executive officer of RealtyTrac.

    “Most significantly, SB 1137 in California took effect in early September and requires lenders to make contact with borrowers at least 30 days before filing a Notice of Default (NOD). In September, we saw California NODs drop 51 percent from the previous month, and that drop had a significant impact on the national numbers given that California accounts for close to one-third of the nation’s foreclosure activity each month,” he added.

    Bush: bank buyout needed ‘to preserve free market’

    Wednesday, October 15th, 2008

    The US Government is to spend up to $250 billion buying direct stakes in banks and other financial institutions under a controversial emergency plan which President Bush insisted today was “not intended to take over the free market but to preserve it”.

    In a rescue scheme modelled on that announced for British banks by Gordon Brown last week, the partial nationalisation of companies such as Wells Fargo or JP Morgan Chase will be accompanied by a package to unblock the credit logjam paralying the system.

    It is a painful move in a country that prides itself on being the home of market capitalism - as Mr Bush’s Treasury Secretary, the former Wall Street CEO Hank Paulson, was the first to admit.

    Fed’s ‘Helicopter Economics’ May Not Boost Housing

    Wednesday, October 15th, 2008

    The Fed’s “helicopter economics” — throwing money out of a helicopter to flood the market with liquidity — worked in the early 2000s, but it won’t turn the housing market around this time, says Eugenio J. Alemán, senior economist at Wells Fargo Economics.

    When the Fed tried that approach to turn around the downturn in the early 2000s, he notes it did boost home prices albeit at the cost of a strong dollar. Alemán says the Fed was hoping it could work the same magic again.

    It did work this time in one way.  By flooding the market with dollars, further lowering its value.  Gasoline and food prices initially soared, but then consumers stopped buying and,  Alemán notes, commodity subsequently prices came down.

    Foreclosure Rates Down in the Bay Area

    Wednesday, October 15th, 2008

    SAN FRANCISCO   — The number of foreclosure notices is down in the Bay Area, but it’s not clear if there are fewer homeowners in trouble or if the drop is due to a new state law.The Mortgage Relief or Foreclosure Reform Bill passed by state lawmakers this year requires lenders to make a number of attempts to contact homeowners and then wait 30 days before filing a foreclosure notice. It also encourages them to look at restructuring the loans before initiating foreclosure procedures.

    Notices of default averaged 350 a day during the first week of September in the nine Bay Area counties, according to Andrew LePage, an analyst with Data Quick. After September 8th when the law took effect, default notices dropped to less than 60 a day, he said.

    From Subprime to Stock Swoon

    Monday, October 13th, 2008

     

    This whole downward spiral seemed to start with U.S. subprime mortgages. What exactly are they?Subprime mortgages are home loans made to people who would not, under normal circumstances, be ideal candidates to get a mortgage - thus they are “subprime.” These are individuals who have a higher risk of defaulting on their loan, such as those who have been delinquent in making payments in the past, or people with a bankruptcy on their credit record, or those who simply don’t have a credit history.

    Starting around 2005, U.S. lenders loosened their rules and began granting mortgages to borrowers who provided very little evidence of their income and ability to repay. Many of these mortgages had very low initial interest rates, for the first six months to three years, but when that period ended the payments jumped sharply. Borrowers were led to believe that they would be able to refinance their homes at this point because the value of the property would have increased. But the slump in the housing market meant that didn’t happen. As a result many people - especially those who had not been completely frank about their income levels - defaulted on their mortgages and lost their homes.What is the “money market,” and why does it matter if it freezes?The money market is made up short-term loans (generally of less than one year), such as certificates of deposit, commercial paper, banker’s acceptances, and 30-day treasury bills.

    If the money market freezes up - in other words, no one wants to make short-term loans because they are worried about borrowers defaulting - companies cannot get the cash they need to pay staff, buy supplies, or pay rent. Often companies need to borrow this money because they are waiting for revenue that may not arrive for a few days or weeks.

    But if they can’t get short-term cash from the money markets, it can make day-to-day operations very difficult. If our banking system and mortgage lending practices are more stable than in the U.S., why do the Canadian dollar and TSX continue to go down?The precipitous drop in the stock markets now seems to have little to do with fundamentals. It is tied to the fear and panic gripping investors. People appear to think the world is going to move into a broad recession, and companies are going to suffer as a result. If the U.S. economy shrinks because of the credit crisis it will inevitably hurt Canadian firms who export across the border. And while our banks seem to be strong, they too are having trouble getting - and giving - short-term credit, which could slow growth of companies here.

    The Canadian dollar is likely reacting to the fall in crude oil and commodity prices. As Philips, Hager & North’s chief economist Patricia Croft noted, the loonie is still regarded on world markets as something of a “petro-currency.”

    What is the problem with the banks in Europe, since they haven’t had a subprime mortgage crisis?Some European banks have U.S. operations that have been hit by the subprime crisis, while others have assets backed by U.S. mortgages. At the same time, the real estate market in some European countries has been depressed because of worries over a recession, and this has damaged mortgage lenders. On top of all this, many big European banks operate in several countries, but there is no pan-European rescue package that can be used to help them out if they are in danger of failing and their home-country governments aren’t up to the task. Do interest rate cuts actually help boost the stock market?In theory, they should. If an investor is trying to make a decision between putting money into a bond or a stock, he or she will look at the difference between the yield on the bond and the possible return on the stock. Bond yields should fall when interest rates go down, making stocks more attractive. Essentially, for a stock to compete for an investor’s money, it doesn’t need to offer as high a rate of return.

    However, bond yields do not always follow central bank interest rate cuts, and they haven’t this time. Some very high-quality corporate bonds, for example, are offering huge yields compared with the stock market.

    While lower interest rates should also make corporate borrowing easier and thus lower costs and finance growth, that hasn’t been happening either in the current credit crunch.

    On top of all this, worries over a recession or panic over falling stocks can trump any minor tweaking of interest rates.

    ***

    WHAT ARE FANNIE MAE AND FREDDIE MAC? WHY THE CUTE NAMES?

    Fannie Mae is the nickname of the Federal National Mortgage Association, while Freddie Mac is the Federal Home Loan Mortgage Corp.

    Fannie Mae is the older of the two. It was created as a government agency in 1938 under U.S. president Franklin Roosevelt’s New Deal. The idea was to give local banks federal money to finance home mortgages, since private lenders were leery of lending money. The government wanted to help more people buy homes, and encourage the building of affordable housing. In 1968 it became a private company.

    Freddie Mac was set up in 1970 to expand the secondary mortgage market, and ensure there was competition with Fannie Mae’s monopoly. Both companies buy loans from banks or mortgage firms, and re-sell these as mortgage-backed securities. Together they own or guarantee about half of U.S. mortgages.

    The two were put under “conservatorship” by the U.S. Federal Housing Finance Agency on Sept. 7 - essentially a takeover by the government.

    Mortgage Crisis Has Turned Homeownership Upside Down

    Monday, October 13th, 2008

    Joey Goldner always approached real estate with a gardener’s zeal. He’d plant his money in a building, patiently care for it and watch its worth grow. For 30 years, it was a brilliant avocation—right up until the heavy thud of the housing market helped flip Goldner’s mortgage upside down.

    Facing debilitating health problems, Goldner refinanced his Highland Park home repeatedly only to wind up with a $729,000 mortgage on a house that eventually sold for $450,000.

    In real estate circles that’s called being underwater—owing more than the value of a home. Goldner is just now coming up for air.

    “I kept refinancing it to pay the mortgage,” he said. “I kept hoping the market would level off. I never imagined this would happen.”

    Few did. But an estimated 12 million American mortgage holders now owe the bank more than their homes are worth. And with housing prices sliding still and the credit crunch worsening, the number of so-called upside-down mortgages is expected to rise to record levels.

    Within a year, Moody’s Analytics predicts, a whopping 30 percent of all U.S. mortgage holders will owe more on their homes than they are worth. In some California communities, according to real estate service firm Zillow.com, negative equity already is the norm.

    The effects of this are many.

    The risk of default rises—and it’s good to recall that it was people defaulting on their home loans last year that set much of the current economic crisis in motion. Home equity lines of credit—even for people who pay their mortgages faithfully—will be harder to come by. And woe to those who lose a job or get sick.

    “If you have some kind of disruption to your income and you can’t make your mortgage payment, it’s going to be very hard for you to refinance or anything like that,” said Mark Zandi, chief economist for Moody’s. “This was the bedrock of most people’s savings, their home.”

    Goldner walked away from his three-bedroom home once he could no longer make the mortgage payments. A friend who is a real-estate broker was able to arrange what’s called a short sale—the home was sold for less than Goldner owed, all the proceeds went to the bank and the remainder of Goldner’s mortgage debt was forgiven.

    “I feel very fortunate to be out of that place and moving forward, unlike a lot of people in this kind of situation,” Goldner said. “That’s one big debt off my shoulders.”

    Real estate agents say short sales, once unthinkable, have soared.

    Nancy Karp of Baird & Warner in Highland Park said over the last three months, almost 7 percent of all closings in six of the suburbs in which she works have been short sales.

    Goldner’s situation—in which his health cost him his livelihood and in turn led to insurmountable debt—is an extreme case. But the upside-down effect will change the financial equation for millions of people who do not face an immediate crisis.

    Matt Bender and Susan Flynn of Chicago’s West Ridge neighborhood are among those who, all of a sudden, are staring down a financial hit.

    The couple are expecting a baby in January, but Bender’s nicely rehabbed third-floor condo is too small and the stairs are too numerous to regularly cart a newborn—and the equipment he or she will require—up and down.

    They need a house, desperately, but to get one they must first sell the condo. It has been on the market for a while at $6,000 less than what Bender paid for it three years ago. They’ve had nary a nibble.

    The couple are now forced to hold their breath and go underwater. If and when they sell the place, Bender will have to tap into his savings to pay off the rest of his mortgage.

    “You’ve got to feel lucky to have a place to live and a job, I suppose,” said Bender, a grade-school teacher. “But this is pretty humbling. And we’re kind of stuck.”

    Real estate agents across the Chicago region say many people are simply giving up and pulling their homes off the market.

    “How can somebody sell a house that they paid $450,000 for in the year 2005 and now it’s worth $300,000? ” said Dotti Ellis, who owns Re/Max Properties Northwest in Park Ridge.

    To avoid a loss of their own, Bender and Flynn may end up having to wait and buy a home together after their baby is born rather than before.

    “We just never thought we’d be faced with this,” Flynn said. “Real estate was supposed to be the one investment you could really count on.”

    That’s certainly what Goldner believed, ever since he was in his early 20s. Now at 55, living in a townhouse his father had to sign for and driving a friend’s car, he wonders if he’ll ever own a piece of property again.

    The Sheriff Who Wouldn’t Evict

    Monday, October 13th, 2008

     Last week, Sheriff Tom Dart of Cook County, Illinois issued a press release that quickly became news across the country; he was suspending all foreclosure evictions in the area because banks weren’t notifiying tenants about their landlord’s problems. “These mortgage companies only see pieces of paper, not people, and don’t care who’s in the building,” Dart said in the release. “We’re just not going to evict innocent tenants. It stops today.” The Illinois Bankers Association quickly fired back with its own public statement, calling Dart’s move “vigilantism.” But supporters have been just as vocal; one local resident wrote a letter to the Chicago Tribune hailing Dart as a true American patriot, proclaiming “Dart for President.” spoke with the 46-year-old sheriff about his controversial decision, his duties during the economic crisis and how he thinks evictions should be carried out.

    How has the housing situation changed since you were first elected three years ago?

    Obviously, it would be no shock to anybody to hear that we’re having a record number of foreclosures going on in our county like I’m sure is going on in every county in the United States because of the financial crisis right now. It’s gotten crazier than it’s ever been.

    How is the eviction process breaking down?

    In theory, the bank has gone to court because Mr. Jones did not fulfill his requirements on his mortgage, and he’s in default so they go ahead with foreclosure proceedings. Then we go out and find out that it isn’t Mr. Jones who’s living there. It’s Mrs. Smith, who lives there with her three children. Has Mrs. Smith been served with anything? No.

    Tell me about your thoughts on the “cavalier” attitude at the root of this problem.

    I don’t consider myself an economic expert and I’m not going to pontificate about what put our economy in the crisis it’s in now, but it does seem abundantly clear that lenders were giving subprime loans out, mortgages to people they had not done their due diligence on in the first place, and it’s caused a lot of mortgages to go bad. I think we all agree to that. What we’re seeing is the other end of that: now those same people who acted recklessly and carelessly on the front end are asking me to rather carelessly and recklessly go and throw out whoever happens to be living in that building. And that is the same type of mindset that got us off the track in the first place.

    I’m supposed to make sure that justice is being done and people’s rights are being looked after. When you are sitting there witnessing horribly unjust things occuring, I could just be the typical bureaucrat who falls back on, “Hey, I’m just following the law.” But that’s wrong, it’s plain-old wrong, call it what you want. Last I checked our constitution, people are allowed due process rights before property is taken away from them. The people I’m talking about now have no idea they’re even the subject of a lawsuit. And somehow, that is justice? Somehow that makes sense?

    How are evictions typically carried out?

     

    I go out on quite a few of our evictions myself and — I’m not kidding with you, I run the 2nd largest jail in the country — we have a very large police department so we see alot of nasty things. But my experience on these evictions are truly some of the most traumatic things I have ever seen. I’m going to these homes while the family is being put outside, because we first have to clear the house, and the movers then come in and take whatever possessions these folks have, and they put them out on the street. And it’s not always done with the most care, let’s put it that way. And you look at these little kids and you sit there and say to yourself, “This isn’t right here.” This kid didn’t do anything wrong, and the few possessions they have are now on the street.

    Your announcement has gotten quite a response, what are the reactions you’ve seen?

    Apparently our website’s server crashed twice. We’ve never had input like that ever, and we’ve never had phone calls like this either. I tend to think my staff tries to read me the nicer stuff instead of the e-mails where people are calling me names [laughs], but there’s been a lot of very favorable things written and a lot of favorable comments. I’ve had so many people stop me on the street who are excited about what I’m doing.

    Did you anticipate such an overwhelming response?

    I think there is this sense that people have right now that the larger entities treat people like numbers and pieces of paper. To blindly continue to go along with that and just act as if that’s okay because I have an order telling me to do that — I think people realize that that’s the wrong way to go.

    How do you respond to critics like the Illinois Bankers’ Association, who say you’re ignoring the law, that this is a publicity stunt? 

    Nothing surprises me anymore. I’m aware this is not the normal way to proceed and I am aware that there is a legal court order, but I am more aware that we have a higher role here to make sure that justice is being served, and it is not being served, and I am not going to be party to that. If I was asking them to do crazy stuff here, I would say they have a point. But I’m not. This is your property, bank, find out who’s in it please.

    You’ve also argued that the banks are the ones breaking the law.

    There was a statute passed here in Illinois that gives these renters a 120-day grace period to get their stuff together and get moved out, and nobody knew who was eligible for the 120 days or when it started or not because — once again — no one even knows they’re there.

    You recently met with several county judges who oversee foreclosure proceedings to talk about reform measures, how did that come about and what is the aim?

    We gave them language that we think can resolve this issue. Basically, it requires these mortgage holders, primarly the banks, to do the work we’ve asked them to do. And we think, with that, we might be able to put this behind us. Now, will it lengthen the foreclosure process for the banks? Yeah, it could. But my goal here is not to ensure all the banks are taken care of around-the-clock no matter who’s expense. The goal here is to ensure that justice is being done. We need to get this right, and until we do, we can’t just keep throwing people out on the street and hide behind a court order — “I know I just destroyed your life and your family and, oh God, that’s horrible about your children crying all the time, but hey, I have a court order.” Enough’s enough.

    You were a state prosecutor and a state representative before becoming sheriff, how has this background affected your approach?

    I’ve worked with police departments throughout my career. But I think the fact that I’m not a traditional sheriff in the sense that I’m not a police officer, I think it helps me in a lot of respects because I have a tendency to look at things from a little bit of a different angle. And I’m not saying that’s necessarily the best or the worst thing, but I’m saying that I can sometimes look at things that have been sitting there for awhile and done a certain way and say, “Maybe we ought to take this in a different direction.”

    Florida Rated No. 3 in Foreclosures

    Friday, October 10th, 2008

    Florida remained among the leading states in preforeclosures and bank repossessions, according to the U.S. Foreclosure Index report from Foreclosures.com.

    Florida posted 64.2 year-to-date preforeclosure filings per 1,000 households, up 166 percent from the same period in 2007. Florida trailed only Nevada’s 77.8 filings per 1,000 households and Arizona’s 74.6 filings per 1,000 households for the first nine months of this year.

    Preforeclosures include notices of default and/or foreclosure auction prior to actual foreclosure.

    For the third quarter, Florida posted 29,591 real estate owned filings, or when the bank repossesses a foreclosure property. That ranked third in the nation, behind California’s 89,450 and Arizona’s 31,882, the report said.

    Nationwide, foreclosures remain on track to post more than 1 million by year’s end, the report said. Pre-foreclosures should end up at a record 2 million, the report said.

    USA Fixed 30-year mortgage rates improve

    Wednesday, October 8th, 2008

    Real Estate News from the We Buy Houses Team 

    The US have seen a reduction in their fixed 30-year mortgage rates, the average is now down to 5.99 percent down from 6.07 percent a week previous.

    According to data published by an industry group on Wednesday, application for US residential mortgages climbed last week as home loan rates came down, although the lending conditions remain tight due to the financial crisis countries around the globe are feeling that are still badly affecting the mortgage industry.

    The Mortgage Bankers Association that they saw a rise of 2.2 percent in the week ending October 3 in the index of mortgage applications which is indexed seasonally. However the previous week mortgage activity fell 23 percent to the lowest level since the end of August.

    More results showed the week ending October 3 saw a rise of 0.9 percent of application for loan refinancing, but tumbled 34.7 percent the previous week.

     

    Wells Fargo Bank Lowers Prime Rate to 4.50 Percent

    Wednesday, October 8th, 2008

    Wells Fargo Bank, N.A., said today it is lowering its prime rate from 5.00 percent to 4.50 percent, effective today, Oct. 8, 2008.Wells Fargo & Company is a diversified financial services company with $609 billion in assets, providing banking, insurance, investments, mortgage and consumer finance through almost 6,000 stores and the internet (wellsfargo.com) across North America and internationally. Wells Fargo Bank, N.A. is the only bank in the U.S., and one of only two banks worldwide, to have the highest credit rating from both Moodys Investors Service, Aaa, and Standard & Poors Ratings Services, AAA.

    Bank of America and LaSalle Bank Lower Prime Lending Rate

    Wednesday, October 8th, 2008

    CHARLOTTE, N.C., Oct 08, 2008 — Bank of America, N.A., LaSalle Bank N.A. and LaSalle Bank Midwest N.A., announced today that they are lowering their prime-lending rates to 4.50 percent from 5.00 percent, effective October 8, 2008.

    (In some Bank of America and LaSalle loan documentation, the term “reference rate” has been used to refer to this lending rate. The terms “prime rate” and “reference rate” refer to the same rate.)
    Bank of America is one of the world’s largest financial institutions, serving individual consumers, small and middle market businesses and large corporations with a full range of banking, investing, asset management and other financial and risk-management products and services. The company provides unmatched convenience in the United States, serving more than 59 million consumer and small business relationships with more than 6,100 retail banking offices, more than 18,000 ATMs and award-winning online banking with more than 25 million active users. Bank of America offers industry leading support to more than 4 million small business owners through a suite of innovative, easy-to-use online products and services. The company serves clients in more than 150 countries and has relationships with 99 percent of the U.S. Fortune 500 companies and 83 percent of the Fortune Global 500. Bank of America Corporation stock

    Wachovia cuts prime lending rate to 4.5 percent

    Wednesday, October 8th, 2008

     

    Charlotte, N.C. — Wachovia Corp. said Wednesday it lowered its prime lending rate to 4.5 percent from 5 percent.

    The cut in the prime rate matches the 0.5 percent rate cut in the fed funds rate which the Federal Reserve Board announced earlier in the day.

    The prime rate usually moves in lockstep with the fed funds rate, which is now 1.5 percent. The prime rate is often used for consumer loans such as car loans and home equity loans.

    US Mortgage Applications Up As Home Loan Rates Dip

    Wednesday, October 8th, 2008

    Real Estate News from the We Buy Houses Team 

    NEW YORK, Oct 8  - Applications for U.S. residential mortgages climbed last week from the lowest level in a month as home loan rates declined, according to data published by an industry group on Wednesday.

    Lending conditions remained tight with global financial markets in chaos, crimping mortgage activity, analysts said.

    The Mortgage Bankers Association said its seasonally adjusted index of mortgage application activity rose 2.2 percent in the week ending Oct. 3 to 465.5 after falling 23 percent the prior week to the lowest level since the end of August.

    Mortgage rates declined last week. As investors rushed to the safety of U.S. Treasury securities, yields fell on the debt, which is used as a peg for home loan rates.

    Fixed 30-year mortgage rates averaged 5.99 percent, down from 6.07 percent the prior week.

    The MBA’s seasonally adjusted index of applications for loan refinancings rose 0.9 percent last week to 1,345.8 after tumbling 34.7 percent a week earlier. The gauge of loan requests for home purchases climbed 3.2 percent to 314.5 after dropping by 10.9 percent.

    Major U.S. stock indexes tumbled even after a $700 billion U.S. government rescue program was enacted on Friday and the Federal Reserve this week unveiled new steps to improve financial system liquidity.

    The programs are intended to boost confidence and the willingness of financial institutions to lend.

    Unemployment is at a five-year high and expected to keep rising, meantime, which could dampen demand for home purchases, analysts said. (Reporting by Lynn Adler; Editing by Leslie Adler)

    Pending Home Sales Up 7.4 Percent in August

    Wednesday, October 8th, 2008

    Real Estate News from the We Buy Houses Team

    WASHINGTON — Pending home sales rose 7.4 percent from July to August, an unexpected piece of positive news for the battered U.S. housing market.

    The National Association of Realtors said Wednesday its seasonally adjusted index of pending sales for existing homes rose to 93.4 from an upwardly revised July reading of 87. The reading was the highest since June 2007.

    Home sales are considered pending when the seller has accepted an offer, but the deal has not yet closed. Typically there is a one- to two-month lag before a sale is completed.

    Wall Street economists surveyed by Thomson/IFR had predicted the index would fall to 84.9.

    The index, which sunk to a record low of 83 in March, stood at 85.8 in August 2007.

    Sales are picking up in places that have seen the most severe declines in housing prices — including California, Florida Nevada and Arizona, plus Rhode Island and the Washington, D.C. area, said Lawrence Yun, the trade group’s chief economist. Still, Yun does not expect home prices to rebound until next year and only expects a modest gain of 2 to 3 percent in 2009.

    A major unknown is how the worldwide financial crisis and economic slump will affect the housing market.

    Despite numerous efforts by the Federal Reserve to encourage banks to lend more, lenders have kept tight reins on mortgage lending, and average rates on 30-year mortgages have remained over 6 percent for most of the year.

    The latest effort by the central bank came Wednesday, when the Fed and six other major central banks around the world slashed interest rates Wednesday in an attempt to prevent a mushrooming financial crisis from becoming a global economic meltdown.

    The Fed reduced a key rate from 2 percent to 1.5 percent. In Europe, which also has been hard hit by the financial crisis, the Bank of England cut its rate by half a point to 4.5 percent and the European Central Bank sliced its rate by half a point to 3.75 percent. Also cutting rates were the central banks of China, Canada, Sweden, and Switzerland.

    There’s no guarantee, though, that mortgage rates will match the Fed’s cut.

    That’s because long-term interest rates, which influence 30-year mortgages, don’t always move in sync with the Fed’s action, which lowered the interest rate banks charge each other on overnight loans.

    However, the Fed action will reduce borrowing costs almost immediately for U.S. bank customers whose home equity and other floating-rate loans are tied to the prime interest rate. Bank of America, Wells Fargo and other banks cut their prime rate by half a point to 4.5 percent after the Fed announcement.

    Plunge in markets brings another kind of depression

    Friday, October 3rd, 2008

    A Porter Ranch man who murdered his family and killed himself last weekend as he faced financial ruin is the latest and most extreme case of a wave of distress washing over the American psyche.

    Karthik Rajaram, an unemployed financial advisor, left a suicide note saying that his financial state left him few options but to kill his wife, three children and mother-in-law. Los Angeles Deputy Police Chief Michel Moore described Rajaram, 45, as a man stuck in a rabbit hole of despair.

    The tragic case of the Rajaram family is at the bleakest edge of the economic turmoil that is rattling Americans’ emotional well-being. Worries about home foreclosures, job losses and plunging stock prices have sparked a surge in mental health problems.

    “The closest I have seen to this in the last 10 to 20 years is the spike after 9/11,” said Richard Chaifetz, chief executive of ComPsych Corp., a Chicago-based company that coordinates mental health referrals for employers. “But this is more geographically dispersed and is not going to get better in a month.”

    Rich Paul, a vice president at Virginia-based ValueOptions Inc., which also handles mental health referrals, said that calls about stress related to foreclosure and financial hardship have gone up 200% in California in the last year.

    At Kaiser Permanente’s San Francisco Medical Center, Dr. Mason Turner, chief of psychiatry, said there was a fourfold increase in psychiatric admissions at his hospital during August, with roughly 60% of patients saying financial stress contributed to their problems.

    In Stockton, the epicenter of California’s home foreclosure crisis, mental health counselor Victoria Tabios said that more than a third of her cases revolve around foreclosures. Inevitably, problems spill into other parts of family life.

    “They are falling behind on their house payments because of bad loans, so they begin fighting and blaming each other. Some resort to drinking,” she said. “It’s a domino effect.”

    By comparison, some people experience relatively minor symptoms — fatigue, headaches and lack of motivation. The problems can gradually wear down a person as the economic turmoil continues.

    “I’m so drained, I feel like a need a B-12 shot every 15 minutes,” said glass artist Darin Jackson, 44, whose Moreno Valley neighborhood is pocked with foreclosed homes.

    For others, like, Rajaram, the financial pressures can seem like an inescapable pit.

    What drove him over the edge to total despair is a mystery. By all accounts, he had enjoyed a successful career as an investor in start-up companies before running into an economic crisis that led him to a violent end.

    Rajaram, his wife, 39, his 69-year-old mother-in-law, and three sons, ages 7, 12 and 19, appeared to be a typical suburban family, although one former business associate said that “he had some behavioral problems. . . . He was not an emotionally stable person.”

    Police found no obvious foreclosure looming in Rajaram’s future and no bankruptcy. But one investigator familiar with the case said Rajaram “lost a lot of money in the markets.”

    “We know he believed he had no options,” Police Capt. Sean Kane said. “It is a shame he believed that, because he clearly had options.”

    Rates of depression and suicide tend to rise during hard economic times. A study that looked at economic shifts between 1972 and 1991 found suicides rose an average of 2% when the economy faltered.

    Depressed over their financial situation, people often begin to isolate themselves from family and friends, setting themselves on a downward spiral, Turner said. Cut off from a support network they so desperately need, they sink into hopelessness.

    But suicides are rare. More common is a nagging sense of unease that begins to disrupt work and personal relationships, and makes problems in other areas seem worse.

    The early signs, such as insomnia, sadness, irritability and intestinal problems, can be subtle and easily missed by family members or friends.

    A survey released by the American Psychological Assn. on Tuesday found that eight of 10 Americans say the economy is a major source of stress in their lives. Nearly half say they are worried about providing for their families’ basic needs.

    Bank of America announces rescue plan for Countrywide borrowers

    Thursday, October 2nd, 2008

    A massive homeowner rescue plan announced Monday by the Bank of America will commit $3.5 billion in relief for an estimated 125,000 Californians who are having trouble making payments on subprime loans and other risky mortgages from Countrywide Home Loans.

    Bank of America bought Countrywide for $4 billion July 1 after the Calabasas-based home loan giant, among the largest subprime lenders in the state, collapsed under the weight of mounting defaults and foreclosures.

    The bank’s “Home Ownership Retention Program for Countrywide Customers” was devised by California and 10 other states to settle predatory lending lawsuits filed against Countrywide. The plan could also set a precedent for other banks whose books are weighed down by defaulting mortgages.

    “This is going to help some families,” said California Attorney General Jerry Brown, “but the overall economy is in the hands of God at this point.” Brown helped lead the settlement negotiations.

    The program — described by the bank as $8.4 billion and the state attorney general as $8.6 billion — allocates up to $3.5 billion to help California Countrywide borrowers renegotiate their mortgages; the figure assumes every borrower participates. Nearly 400,000 customers of Countrywide will be eligible nationwide.

    The bank said the program is for borrowers who are, or who are likely to fall seriously behind on their loans as the result of loan features such as interest rate resets or payment changes. For some borrowers, interest rates could go as low as 2.5 percent. The program includes suspension of foreclosures, reduced interest payments and for select borrowers, reduction of principal balances.

     

    Shares of Bank of America on Monday declined 6.55 percent after the company announced a 68 percent drop in third quarter profit and said it would halve its dividend and sell $10 billion shares of common stock.

    The lawsuit, which also named related companies Countrywide Financial and Full Spectrum Lending, accused Countrywide of deceptively marketing risky mortgages to borrowers who didn’t understand them.

    Brown said Monday’s settlement could provide a model for other banks saddled with troubled home loans. The settlement “certainly” sets a precedent for other banks to follow, said Brown, although he noted that some banks don’t have the deep pockets Bank of America has and may have trouble coming up with the money.

    U.S. 30-year mortgage rates steady in latest week

    Thursday, October 2nd, 2008

     Real Estate News from the We Buy Houses Team 

    WASHINGTON, Oct 2 - U.S. 30-year mortgage rates changed little in the latest week, according to a survey released on Thursday by home funding company Freddie Mac.

    U.S. 30-year mortgage rates reached an average of 6.10 percent for the week ending Oct. 2, from 6.09 percent last week, while 15-year mortgages were at an average of 5.78 percent from 5.77 percent last week.

    One-year adjustable rate mortgages, or ARMs, fell in the week to an average of 5.12 percent from 5.16 percent last week.

    Freddie Mac said the “5/1″ ARM, set at a fixed rate for five years and adjustable each following year, fell to an average of 6.00 percent compared with 6.02 percent a week earlier.

    A year ago, 30-year mortgage rates averaged 6.37 percent, 15-year mortgages 6.03 percent, and the one-year ARM 5.58 percent. The 5/1 ARM averaged 6.11 percent.

    Although average mortgage rates were fairly stable this week, the hike from two weeks ago caused the number of loan applications to drop 23 percent last week, according to the Mortgage Bankers Association.

    “Consumers are feeling the effects of the slowing economy,” said Frank Nothaft, Freddie Mac vice president and chief economist, in a statement. “For example, consumer spending was unchanged in August and revised downward for the month of July.”

    Nothaft also noted that the Institute for Supply Management’s manufacturing index dipped from 49.9 in August to 43.5 in September.

    Nothaft explained that this indicated “further erosion in new orders, a decline in order backlog, and lessened production, suggesting further cutbacks in manufacturing activity in coming weeks.”

    Lenders charged an average of 0.6 percent in fees and points on 30-year mortgages, up from 0.7 percent last week.

    Fees and points averaged 0.6 percent on 15-year mortgages and the 5/1 ARM, both unchanged from last week. The one-year ARM fees were 0.5 percent, also unchanged from last week.

    Freddie Mac is a mortgage finance company chartered by Congress that buys mortgages from lenders and packages them into securities to sell to investors or to hold in its own portfolio

    Harvest Properties owners of HomeVestors.com agrees to $350,000 payment

    Wednesday, October 1st, 2008
    Real Estate News from the We Buy Houses Team 
    Arizona Attorney General Terry Goddard announced a settlement Tuesday with Harvest Properties Inc. of Tucson resolving a fraud lawsuit against the foreclosure rescue company. 

    Harvest Properties agreed to pay $350,000 to 100 consumers as part of the settlement, which included no admission of wrongdoing.

    Goddard said the lawsuit alleged that Harvest used deceptive practices to buy homes from distressed homeowners at discount prices. The state claimed that Harvest would acquire homes for resale, but misrepresent the costs of repairs needed to sell the house and financial aspects of the sales.

    Colin Reilly, vice president of Harvest Properties, explained the reasons for entering the consent judgment: “The state of Arizona has no statutes or regulations governing so-called ‘pre-foreclosure sales.’ Harvest has conducted business in Arizona consistent with similar operations nationwide. Harvest’s intentions were to offer homeowners a legitimate alternative to bank foreclosure on their homes. “We believed we were following the law in our transactions with homeowners and have cooperated with the Attorney General’s office for the duration of the three-year investigation into this industry.

    “We discovered some conduct by former employees, while consistent with industry standards, was determined by the Attorney General to be improper. We have entered into this consent judgment with the hope that it will set standards for ‘best practices‚‘ in our industry. Now that this is behind us, we can concentrate on helping homeowners who, through no fault of their own, owe more money on their mortgage than their home is worth,” he said in the statement.


    Homeowners Facing Foreclosure Ask: “Where Is Our Bailout?”

    Wednesday, October 1st, 2008

     Real Estate News from the We Buy Houses Team

    SOUTH SAN FRANCISCO- Jesus Navarro of South San Francisco is facing foreclosure, and he says the best thing for him may be to walk away from his home. He says he bought his house for $750,000 but it is now only worth about $500,000 and even at that, there are no buyers. 

    Standing with other homeowners facing foreclosure on the steps of South San Francisco’s City Hall on Tuesday evening, Navarro said he hopes city leaders “can help people in this situation, but I don’t know if they can.” 

    Navarro took part in a rally organised by the community group “ACORN.” The group is asking local governments to help facilitate programs for people facing foreclosure. ACORN is holding a foreclosure prevention fair this Saturday. On hand will be HUD certified counselors who can help people save their homes. David Sharpless of ACORN says homeowners should not feel hopeless. “We are able to help about 40% of the people who come into doors.” That, he says, is help that allows them to stay in their homes. 

    The ACORN Foreclosure Fair will be held from 9am to 4pm at 208 Miller Avenue in South San Francisco

    Defaults unveil fraud issues in mortgages

    Tuesday, September 30th, 2008

    It’s becoming clearer that mortgage fraud is behind many of the bad loans causing the nation’s financial crisis.

    On the heels of the announced bailout plan, news of the FBI’s investigation of mortgage giants Fannie Mae and Freddie Mac for mortgage fraud leaked out. Several other big lenders are part of the crackdown.

    Arizona’s mortgage fraud problem is growing with the downturn. Many cases are becoming more apparent as more loans are defaulted on. Complaints about illegal lending practices have jumped 79 percent this year from last year’s record level, according to the Arizona Department of Financial Institutions. 

    Before this jump, Arizona was already in the top 10 for the most fraud cases reported by lenders.

    “Now with more loans in default, lenders are looking at the underlying loan documentation and finding fabrications and misstatements that were so sophisticated they were undetectable as fraud before,” said Felecia Rotellini, superintendent of the Department of Financial Institutions, which regulates lenders, escrow agents, mortgage brokers and soon mortgage originators thanks to Arizona legislation passed earlier this year.

    The Department of Financial Institutions sounded the alarm about mortgage fraud, particularly cash-back deals, in late 2006, as the Valley’s housing boom was slowing. The state agency led the effort to create an Arizona mortgage-fraud task force that includes other regulators and law-enforcement agencies.

    The Department of Financial Institutions has 123 open investigations into mortgage fraud and other illegal lending across Arizona, although most cases are in metropolitan Phoenix.

    Rotellini said now mortgage fraud is showing up deals to stave off foreclosure such as short sales.

     

    Foreclosure scams

     

    Last week, the Arizona attorney general cracked down on an alleged foreclosure-rescue scam, which involved short sales.

    The Attorney General’s Office reached a settlement with Harvest Properties of Tucson over a consumer lawsuit that accused the company and its owners of committing foreclosure-rescue fraud and mortgage fraud.

    The settlement, which does not include admission of wrongdoing by the company, requires Harvest’s owners and manager to pay $350,000 in restitution to about 100 people.

    “In these difficult economic times, I will aggressively pursue anyone found to be deceiving Arizonans who are in or facing foreclosure,” said Arizona Attorney General Terry Goddard.

    Harvest’s owners and managers include Colin Sterling Reilly, Robert Harrington Reilly and Jill Lynae Reilly.

    The suit alleged Harvest used deceptive practices to buy foreclosed homes through short sales at discounted prices.

    Harvest also did business as HomeVestors and Harrington Sterling Holdings.

    Family gets new house after tragedies and foreclosure

    Monday, September 29th, 2008

    Real Estate News from the We Buy Houses Team

    LAKE ORION — A year and a day after the tragic loss of two teenaged sons, Cliff and Vicki Schrauger accepted the keys to their new home in Newton Meadows subdivision Tuesday.

    The family was given the split level two-story home, fully furnished and mortgage free, with the help of Oakland County Executive L. Brook Patterson who was touched by the families tragedy at a time when the Schrauger lost their home to foreclosure. The couple’s third son was seriously injured serving the country in Iraq.

    “Everything is so beautiful,” said Vicki Schrauger, walking through the home. “We are so blessed.”

    The ground breaking for the 1,800-square-foot project began in December 2007. The three-bedroom home has 2 ½ baths, full basement, hardwood floors and granite counter tops. Forrest Milzow, who was in charge of the building with Milzow Building Company, said he would sell such a home for $240,000 but crews put in much more work.

    “No one should experience the kind of personal loss this family has,” Patterson said. “And then to lose your house on top of that is almost too much to bear. The community was extremely generous, embracing the Schraugers and helping give them a fresh start when they needed it most. Everyone associated with this project should be proud.”

    Brothers Joshua, 17, and Timothy, 14, were killed in a traffic accident in Clinton County on September 29, 2007. Both boys were students at Lake Orion High School. David, 24, a U.S. Army specialist, was seriously injured when a roadside bomb exploded near his vehicle. He suffered leg, arm, spine and lung injuries. He has undergone more than 50 surgeries since the incident and was present during Tuesday’s ceremony.

    About 300 donors contributed to the project, including Art Van that furnished the entire home, which was not paid for through taxpayer money.

    Foreclosure sales rise in Scottsdale

    Friday, September 26th, 2008

    Foreclosure sales and deals on the city’s more-affordable homes are helping to keep the Scottsdale housing market going, according to the latest sales figures.

    Foreclosure sales in Scottsdale in August more than doubled from a year ago, while home sales overall dipped just 4 percent to 345, according to the monthly report from the Arizona State University Realty Studies Department.

    But prices are falling because of foreclosures and short sales. Scottsdale’s median price last month for traditional home sales was $447,500, down 20 percent from a year ago. The median price for foreclosure sales was off 12 percent.

    In south Scottsdale, the median price for a traditional sale was $242,000, compared with $525,000 in north Scottsdale.

    Sales at the upper end of the Scottsdale housing market are slow, in part because of challenges in getting financing, said Scottsdale Realtor Gary Holloway, of Dominion Real Estate Partners.

    Only about 2 percent of homes listed at more than $1 million sold last month, according to figures from the Arizona Regional Multiple Listing Service. Scottsdale homes listed at less than $350,000 accounted for 18 percent of the sales, said Holloway, citing the MLS data.

    Scottsdale has about 3,850 homes on the market, roughly a 12-month supply, and more than one-third of those are homes listed at over $1 million, he said.

    Investors are starting to take note of some of the bargains. Homes on large lots in the Rio Verde area, for example, that were listed for $800,000 to $1 million are now priced at $500,000, Holloway said.

    Scottsdale Realtors are looking forward to a return of seasonal visitors, who help boost the real-estate market, he said.

    Paradise Valley’s median price last month was $1.2 million with a median square footage of 3,420, compared with a median price of $1.95 million and a median square footage of 4,220 a year ago.

    America’s Surprising Foreclosure Hot Spots

    Thursday, September 18th, 2008

    Real Estate News from the We Buy Houses Team  

    The crisis on Wall Street is shrinking net worths and erasing nest eggs. Next on the block: multimillion-dollar homes.

    In some of America’s wealthiest spots, that’s already happening. According to RealtyTrac, an Irvine, Calif.-based listing firm that tracks foreclosures and provided the data here, several of the country’s wealthiest ZIP codes–where year-to-date median home sales are above $700,000–have reported foreclosures into the triple digits. They include La Jolla, Calif.; Miami Beach; and Carlsbad, Calif.

    In Carlsbad, for example, there are 302 homes in foreclosure. The wealthy beach town–the median home sale price is $710,000–has suffered from overvaluation and risky financing, says Rick Sharga, a senior vice president at RealtyTrac. The only thing that separates homeowners in Carlsbad from those in spots like St. George, Utah, with 274 current foreclosures and a median home price of $218,000, and Ann Arbor, Mich., with 436 current foreclosures and a median home price sale of $225,000, is that in Carlsbad folks are losing their second homes.

    In Depth: America’s Surprising Foreclosure Hot Spots

    “In this real estate cycle, no ZIP code, no neighborhood, was immune,” says Sharga. Not only are average Americans defaulting on subprime loans, wealthier individuals who were relying on bonuses that never came through or who took out option adjustable-rate mortgages and must now face the skyrocketing monthly rates have also had to flee.

    Take Lake Forest, Ill., a Midwestern town with a love for–of all things–polo. (The local country club hosts matches every weekend in August.) The fondness for the upper-echelon game is a tip-off that the brunt of Lake Forest residents aren’t suffering financially. Still, many of the community’s properties are vacation homes, which means that those who secured a second mortgage even though it was beyond their means are now defaulting. While the median house sale price is $873,750, the current number of foreclosures is 53.

    Overvaluation is another major factor in high-end foreclosures, says Sharga. During the housing boom of the mid-aughts, buyers paid prices for homes with a huge expected appreciation cooked into the price. As prices corrected, many were saddled with mortgages, with monthly payments reflecting the former value of the home.

    Speculative activity, or people betting pricey homes will always have ready buyers, is another factor. “People were leveraging the equity in their homes to speculate on other properties,” says Sharga.

    That’s the case in Malibu, Calif., and other California spots, including Newport Beach and La Jolla. The median home sale price in Newport Beach is $1.4 million and there are 89 homes in foreclosure; in La Jolla, there are 158 foreclosures, due mostly to second-home buyers overextending themselves.

    What’s happening to housing in your community? Weigh in. Post your thoughts in the Reader Comments section below.

    It’s not just vacation towns in California taking a hit. Foreclosures have been more prevalent since the credit crunch has caused those in the New York and Philadelphia metro areas who could once afford a vacation home to default as well. On the southern part of New Jersey’s Long Beach Island, Beach Haven boasts a median house sale of $722,500.

    In other areas, buyers took out loans for properties that were beyond reach. This happened in Scarsdale, N.Y., just 30 minutes from Manhattan’s Grand Central Terminal. This pleasant commuter town, whose Tudor-style buildings evoke an English village, currently has 57 foreclosures.

    Another problem is overabundance of property. The affluent area of Scottsdale, Ariz.–a popular spot for retired snowbirds–has been affected by overbuilding in the condominium sector. That means values have dropped and speculators have no one to sell to. “Typically, when we see an abnormal surge in an otherwise stable area, homes are being overbuilt,” says Sharga.

    Whether because of overbuilding, overvaluation or risky financing, the current foreclosure dilemma suggests one thing: No one is truly “comfortable” right now when it comes to finances.

    Foreclosure fix: Change Chapter 13

    Wednesday, September 17th, 2008

    Real Estate News from the We Buy Houses Team

    RALEIGH - As the mortgage meltdown continues, the federal government has bailed out some financial firms and let others fail. Foreclosures are at unprecedented levels, forcing people from their homes, decimating neighborhoods and depressing the real estate market. An amendment to the bankruptcy law that allows homeowners to modify mortgages in Chapter 13 bankruptcy cases would stem the tide of this financial tsunami.

    Why? Many subprime loans were two-year adjustable rate loans (ARMS). The initial relatively low interest rates adjusted in two years to significantly higher rates. A typical initial adjustment was from 7.5 percent to 10.5 percent, increasing the payment on a $200,000 loan by $388.

    Wall Street created investment opportunities from these mortgages by taking the “stream of payments” and packaging them into securities. These securities were appealing to investors because the ARMS provided an increasing income stream when the rates adjusted upward.

    Unfortunately, the income streams have been illusory. When the payments jumped, many borrowers defaulted, and a defaulted loan has no income stream.

    The safety net for the owners of bad loans has traditionally been the value of the real estate securing the loan. The unprecedented level of foreclosures has undermined these values and cut holes into the safety net through which Bear Stearns, Lehman Brothers, Merrill Lynch, Fannie Mae and Freddie Mac have fallen. Reducing the number of foreclosures is the first step in restoring normalcy to the real estate and financial markets.

    l l l

    CHAPTER 13 ALLOWS HOMEOWNERS TO STOP FORECLOSURES, but not as effectively as it could. Under current law, homeowners who are behind on their mortgages can stop foreclosures by filing Chapter 13, but their rights are limited to making the contractual payments while “curing” missed payments through their bankruptcy plan. The law prohibits modifying the loan to lower the interest rate or reduce the amount of the debt to the value of the home. Without the ability to do so, many homeowners can’t afford to make the payments necessary to stop a foreclosure.

    U.S. Rep. Brad Miller, D.-N.C., sponsored a bill last year that allows a Chapter 13 debtor to modify a home loan by reducing the amount of the debt to the fair market value of the home, adjusting the interest rate to current market rates (plus a risk factor) and paying the modified loan over the remaining term of the loan.

    Such modifications of secured debts are not unusual. In bankruptcy, all that separates the rights of a secured creditor from those of an unsecured creditor is the secured creditor’s right to repossess or foreclose upon his collateral, sell it and apply the proceeds of the sale to the payment of the debt. The principle underlying the right to modify secured debts is that when all is said and done, the secured creditor receives as much as it would upon selling its collateral.

    Under existing law, debts secured by rental or commercial real estate or by personal property can be modified. The exclusion to the modification of loans secured by an individual’s most cherished asset, his home, is puzzling. The removal of that exclusion would enable hundreds of thousands of additional homeowners to avoid foreclosure.

    This proposal involves lawyers, bankruptcy judges and other court personnel. Who is going to pay the costs?

    The homeowners will pay the costs. They pay for their attorneys and for the administrative costs of the bankruptcy proceeding through their filing fees ($274 per case).

    l l l

    THE MORTGAGE INDUSTRY OBJECTS TO THE PROPOSED LAW. Its objections have no merit.

    * First, it says allowing modifications will increase the interest rates for everyone else. This is not so. The law currently allows modification of car loans, commercial loans and real estate investment loans without any increase in interest rates to other borrowers.

    * Second, it argues that it is voluntarily modifying mortgages through industry programs and that nothing more is needed. The industry cites modification statistics, but what those numbers don’t reveal is the quality of the modifications. Mortgage defaults at the end of June were at 9 percent, a record high. If industry programs are working so well, why isn’t the number of foreclosures abating? Furthermore, bankruptcy modifications will not eliminate voluntary ones, just provide an alternative — an alternative that will enhance both the quantity and quality of voluntary modifications.

    * Finally, the industry argues that fees from these cases will provide a “windfall” to bankruptcy lawyers.

    The clients who voluntarily pay the fees are not likely to agree. In most cases, 80 percent to 90 percent of the fees are paid as part of the bankruptcy plan. If the plan fails, the attorney is not paid. Attorneys have both professional obligations and financial incentives to file cases only for homeowners with reasonable chances to succeed. When a case is successful and the client saves his home, he is more apt to view the fees as money well-earned rather than a windfall.

    Amending the law will divert loans from foreclosure. The current remedies aren’t working. It is past time to give it a try.

    America’s Surprising Foreclosure Hot Spots

    Wednesday, September 17th, 2008

    Real Estate News from the We Buy Houses Team

    The crisis on Wall Street is shrinking net worths and erasing nest eggs. Next on the block: multimillion-dollar homes.

    In some of America’s wealthiest spots, that’s already happening. According to RealtyTrac, an Irvine, Calif.-based listing firm that tracks foreclosures and provided the data here, several of the country’s wealthiest ZIP codes–where year-to-date median home sales are above $700,000–have reported foreclosures into the triple digits. They include La Jolla, Calif.; Miami Beach; and Carlsbad, Calif.

    In Carlsbad, for example, there are 302 homes in foreclosure. The wealthy beach town–the median home sale price is $710,000–has suffered from overvaluation and risky financing, says Rick Sharga, a senior vice president at RealtyTrac. The only thing that separates homeowners in Carlsbad from those in spots like St. George, Utah, with 274 current foreclosures and a median home price of $218,000, and Ann Arbor, Mich., with 436 current foreclosures and a median home price sale of $225,000, is that in Carlsbad folks are losing their second homes.

    In Depth: America’s Surprising Foreclosure Hot Spots
    “In this real estate cycle, no ZIP code, no neighborhood, was immune,” says Sharga. Not only are average Americans defaulting on subprime loans, wealthier individuals who were relying on bonuses that never came through or who took out option adjustable-rate mortgages and must now face the skyrocketing monthly rates have also had to flee.

    Take Lake Forest, Ill., a Midwestern town with a love for–of all things–polo. (The local country club hosts matches every weekend in August.) The fondness for the upper-echelon game is a tip-off that the brunt of Lake Forest residents aren’t suffering financially. Still, many of the community’s properties are vacation homes, which means that those who secured a second mortgage even though it was beyond their means are now defaulting. While the median house sale price is $873,750, the current number of foreclosures is 53.

    Overvaluation is another major factor in high-end foreclosures, says Sharga. During the housing boom of the mid-aughts, buyers paid prices for homes with a huge expected appreciation cooked into the price. As prices corrected, many were saddled with mortgages, with monthly payments reflecting the former value of the home.

    Speculative activity, or people betting pricey homes will always have ready buyers, is another factor. “People were leveraging the equity in their homes to speculate on other properties,” says Sharga.

    That’s the case in Malibu, Calif., and other California spots, including Newport Beach and La Jolla. The median home sale price in Newport Beach is $1.4 million and there are 89 homes in foreclosure; in La Jolla, there are 158 foreclosures, due mostly to second-home buyers overextending themselves.

    What’s happening to housing in your community? Weigh in. Post your thoughts in the Reader Comments section below.

    It’s not just vacation towns in California taking a hit. Foreclosures have been more prevalent since the credit crunch has caused those in the New York and Philadelphia metro areas who could once afford a vacation home to default as well. On the southern part of New Jersey’s Long Beach Island, Beach Haven boasts a median house sale of $722,500.

    In other areas, buyers took out loans for properties that were beyond reach. This happened in Scarsdale, N.Y., just 30 minutes from Manhattan’s Grand Central Terminal. This pleasant commuter town, whose Tudor-style buildings evoke an English village, currently has 57 foreclosures.

    Another problem is overabundance of property. The affluent area of Scottsdale, Ariz.–a popular spot for retired snowbirds–has been affected by overbuilding in the condominium sector. That means values have dropped and speculators have no one to sell to. “Typically, when we see an abnormal surge in an otherwise stable area, homes are being overbuilt,” says Sharga.

    Whether because of overbuilding, overvaluation or risky financing, the current foreclosure dilemma suggests one thing: No one is truly “comfortable” right now when it comes to finances.

    The Housing Crisis “Ground Zero”

    Wednesday, September 17th, 2008

    Real Estate News from the We Buy Houses Team

    If you really want to see the effects of the foreclosure crisis, take a tour of Las Vegas. I’m not talking about the Strip, but rather, the city’s once-promising residential neighborhoods. That’s what Ben Tracy and I did for our report on housing for the series “Where They Stand.”

    A local realtor took us around an area called Summerlin, where “For Sale” signs dotted the lawns of newly-built homes. They were barely lived-in by their former owners who lost the houses to foreclosure. There were blocks lined with empty plots of land owned by investors now too nervous to build. Homes that once sold between $600,000 and $700,000 were now selling at bargain basement prices as low as $300,000. Meanwhile, several projects in Summerlin have been put on hold, including a brand new complex of luxury condos that went into bankruptcy before any of the residents moved in.

    As we visited several Vegas neighborhoods, it was easy to see why the city is considered “ground zero” of the foreclosure debacle. Las Vegas has seven of the top 100 worst-hit zip codes in the nation, and foreclosure filings are up 83 percent from a year ago, according to RealtyTrac. While there are many reasons for the housing crisis, Las Vegas residents seem to put most of the blame on speculators who bought up properties hoping to make a quick profit and fraudulent mortgage lenders who preyed on unsuspecting home buyers. In realty, there’s plenty of blame to go around – including the borrowers themselves.

    But as we spoke to struggling Vegas homeowners, one message came through loud and clear: Time is not on their side. They are looking for immediate help – either from the government or lenders willing to work out a deal. I don’t proclaim to know the answer, but after covering this topic for nearly a year and witnessing firsthand the impact that abandoned foreclosed properties can have on an entire neighborhood, it’s probably in everyone’s best interest to figure out how to clean up this housing mess.

    If you are facing foreclosure – or you know someone who is – there is a 24-hour national hotline for homeowners in need of help. It’s called the Homeowner’s HOPE Hotline. The number is 888-995-HOPE.

    Cheaper mortgages getting likelier

    Wednesday, September 17th, 2008

    Real Estate News from the We Buy Houses Team

    With financial institutions reeling from coast to coast, what does it all mean to the housing and mortgage markets whose problems triggered these catastrophes?

    Believe it or not, the past eight days provided a dose of good news, at least in the short term, because mortgage rates are down. Long-term impact is harder to predict - and many experts say fallout from the turmoil could whipsaw housing and mortgages in many negative as well as positive ways.

    Mortgage rates dropped last week after the government’s bailout of Fannie Mae and Freddie Mac, and they dipped slightly on Monday after the bankruptcy of Lehman Bros., the fire sale of Merrill Lynch and the struggles of AIG.

    Last week’s drop came because investors regained confidence in Fannie and Freddie, thanks to the government’s backing. Monday’s was because investors fled to the relative safety of long-term U.S. Treasury bonds, causing their prices to rise and rates to drop - which generally triggers a fall in mortgage rates.

    Lower rates combined with bargain foreclosures could entice more buyers into the market. Increased sales are crucial for a housing recovery.

    “Lenders reported to us a fair upsurge in interest in placing loan applications last week (from) purchase and refi borrowers waiting for a ‘5 handle’ (interest rate in the 5 percent range) on their rates to pull the trigger on a deal,” said Keith Gumbinger of HSH Associates, a mortgage research firm in New Jersey. Bay Area mortgage brokers also said they’d seen a big increase in inquiries last week.

    Increased refinances also might help some homeowners avoid foreclosure; stemming that tide is another important step for the health of housing.

    Mark Zandi, chief economist at Moody’s Economy.com in Pennsylvania, said the Fannie/Freddie bailout was key to the housing market, while the impact from Lehman, Merrill and AIG will be slighter. He echoed what Gumbinger and mortgage brokers said about the uptick in refinancing.

    Fannie and Freddie “certainly helped refi activity,” Zandi said. “We’re down 50 basis points from last week on fixed mortgage rates and are below 6 percent. That should provide a nice, measurable boost to home sales.”

    But what’s next remains uncertain because there are so many moving parts. Here are some of the factors at play:

    Mortgage rates: Will the lower rates last? That’s going to be crucial if last week’s increase in mortgage activity is to be sustained.

    “While refi inquiries will flare higher quickly when rates drop, we’ll need a longer-lasting period at these levels to get more home buyers interested in looking,” Gumbinger said. “After all, the process of locating a home and executing a transaction typically takes weeks, if not months, and conditions will need to remain favorable all the while.” Experts are divided on what will happen with mortgage rates.

    “Anything like this throws a cold shower on markets,” said Brian Bethune, chief U.S. financial economist at Massachusetts consulting firm Global Insight. One possibility is that Fannie and Freddie could be forced to pay more to borrow money - and of course would have to pass those increased costs along to the consumers getting mortgages.

    But another possibility is that increased activity in the bond market will keep rates down.

    “People are not investing in the stock market; they’re moving into the bond market,” said Fif Ghobadian, a broker at Guarantee Mortgage in San Francisco. “When there’s more money in it, it reduces the yield, therefore rates are better.”

    Many experts think the Federal Reserve is likely to cut rates again. While that doesn’t necessarily translate into lower rates for new mortgages, it would help people with adjustable-rate mortgages, as their reset rates tend to be tied to such a benchmark.

    Credit availability: Ease of getting a mortgage goes hand in glove with lower rates as a market spur. As long as getting a mortgage remains difficult for all but the most stellar borrowers, the housing market will stay stagnant.

    “Credit markets are still very tight,” said John Assily, senior mortgage consultant and vice president at Mechanics Bank in Walnut Creek. Lenders “have (house) value issues; qualifying issues. That will keep things more difficult than they used to be to get people qualified.”

    Zandi and some others said they think Fannie and Freddie will slowly ease some underwriting standards. “I think mortgage credit should become more available; Fannie and Freddie will be more aggressive in extending credit,” he said.

    But other experts said the credit crunch that has infected all types of lending shows no sign of abating - in mortgages or anywhere else.

    “This is continued tough news for real estate. Financing is going to be hard to get for a long time,” said Chris Mayer, senior vice dean at the Columbia University Graduate School of Business.

    The economy: Another big question is what will happen to the overall economic health. If unemployment continues to grow, that would keep home buyers out of the market - and increase the foreclosure flood, one of the biggest factors depressing home prices.

    Zandi is relatively optimistic. “I think this (weekend’s events) and last week’s takeover of Fannie and Freddie signal the beginning of the end of this painful crisis,” he said. “I think we’ve seen the worst of it now and through early next year - the combination of negative (home) equity with unemployment.”

    Similarly Ken Rosen, chair of the Fisher Center for Real Estate and Urban Economics at UC Berkeley, said he thinks the market is close to bottoming out.

    “We’re still going to see downward trends, but not accelerating, probably decelerating,” he said. “We’ve seen much of the price loss already.”

    Home loan troubles break records again

    Tuesday, September 16th, 2008

    WASHINGTON — The source of trouble in the mortgage market has shifted from subprime loans made to borrowers with bad credit to homeowners who had solid credit but took out exotic loans with ballooning monthly payments.

    The Mortgage Bankers Association said Friday that more than 4 million American homeowners with a mortgage - a record 9 percent - were either behind on their payments or in foreclosure at the end of June.

    “The problem that policymakers and Wall Street once assured us was ‘contained’ to subprime mortgages has proven to be anything but,” Mike Larson, a real estate analyst with Weiss Research, said in a research note.

    As the economy falters and home prices keep falling, concern is building about a second wave of mortgage defaults flooding the market through 2010.

    On Friday, the Labor Department said the nation’s unemployment rate shot up to a five-year high of 6.1 percent in August.

    A drop in income - whether through a lost job, divorce, death of a spouse, or health problems - is the No. 1 reason people fall beyond on their mortgages and lose their homes.

    But mortgage defaults and foreclosures in many areas, especially Califor