Posts Tagged ‘principal reduction’

Will Obama Target Housing Crisis During State Of The Union?

Monday, January 23rd, 2012

President Barack Obama delivers remarks on the economy at Shaker Heights High School,Shaker Heights, Ohio, Jan. 4, 2012. (Official White House Photo by Chuck Kennedy)

We really haven’t seen President Obama insert himself directly into the housing crisis, but there are rumblings that he may do just that during Tuesday’s State of The Union address.

The fact is that is what homeowners have been clamoring for. A new USA TODAY/Gallup Poll found 58% of Americans want the government to do more to help people keep homes.

According to HousingWire, Ohio senator Sherrod Brown told reporters today that there was evidence that Obama would address the robo-signing case which involves several major banks.  A North Carolina congressman even said there were rumours that Obama would announce a settlement, something HUD secretary Shaun Donovan suggested last week was ‘very close’, as we mentioned in our Week In Review on Friday.

For the record, Obama’s press secretary refused to confirm any details, saying only that the President was “focused on the issue of housing”.

Between Dononvan’s comments and the recent white paper sent out by the Federal Reserve, it seems that more and more top government officials are finally realizing how important the housing market is to our economic recovery, not to mention their own political survival.

This is not news to us here at the South Florida Law Blog.

In the Huffington Post last September, Roy Oppenheim called housing the “thousand pound gorilla in the room” in the 2012 election, as many of the states with the highest underwater mortgages, such asFlorida, are also key electoral swing states.  The pressure on Obama to be more aggressive on the banks is growing in Washington, and it’s about time.

In fact without addressing the housing market dead-on, we wonder if the President can be re-elected. The foreclosure crisis has affected too many of his supporters for him not to. His Republican rivals are now starting to address it; he’ll have to as well.

We’ll be watching tomorrow night’s speech, hoping for some specifics.

We’ve said it before and we’ll say it again, banks make lousy neighbors, so Obama needs to evict them, not the homeowners!

The President needs to look at are programs where people can stay in their homes by paying the bank or an investor rent so that pools continue to be cleaned and lawns continue to be maintained. We really want to hear the President address the need for true principal mortgage modification down the road.  Talk about modification to date has been just that, all talk.

The Wall Street Journal today cited several examples that economists believe could get us back on track, such as using local investors to drive the recovery in their own communities. The truth is without real movement from Obama and his administration we will never see housing prices stabilize, and as the Journal stated the ‘overhang of debt’ in the nation’s most troubled housing markets will linger for years.

So Mr. President, what say you?

Week In Review: Foreclosure Judge Slammed, Bank Settlement Close? and So. Fla. Housing Crisis in One Chart

Friday, January 20th, 2012

Florida Homeowner Slams Judge Hearing 300 Cases

In the absolutely-not-surprising-in-any-way file, one of the 300 homeowners who went before a Seminole County judge during a three day session this week thinks he was treated flimsily by the court.

Blaize McMonagle told ABC News that Judge Alan Dickey sped through his case without being given the chance to defend himself.

Dickey was quoted in the Orlando Sentinel earlier in the week stating that he was only going to be able to give each defendant about 30 seconds if everyone showed up. With retired judges no longer aiding to help navigate through the foreclosure backlog, we expect to see more and more complaints from homeowners.

Florida’s Hardest Hit Program Not Providing Real Relief

Our skepticism about Florida’s Hardest Hit Program being able to help homeowners in the long-run was confirmed in the Palm Beach Post this week. Sheryl Stuart, a Jupiter homeowner enrolled in the federally-funded program since September said she had doubts she’d ultimately be able to stay in her home once the payments ended because the salary at her new job wouldn’t cover her mortgage.

We believe the program might only delay the inevitable, and only with substantive help like principal reduction  will homeowners have a real chance to get back on their feet.

UPDATE: After Stuart was profiled by the Post, she found out her payments, which are set to end in February, are being suspended because she also owns two condos, which are also in foreclosure. She claims the credit counselor who helped her with application for Hardest Hit was aware of this and never informed her of the limit.

Donvovan: ‘Very Close to Robo-Signing Settlement

Stop us if you’ve heard this one before.

HUD Secretary Shaun Donovan came out this week and said a settlement with the big banks over their shady foreclosure practices is near. About one million homeowners would see their principals reduced as a result of the settlement, Donovan said, while others would be directly compensated by the banks.

We’ll believe it when we see it.

Foreclosure Crisis: Will Government Right This Sinking Ship?

In our first blog this week we made a difficult, yet quite apt comparison between the Italian captain allegedly abandoning his sinking ship and what the banks have done in the foreclosure crisis. Bank executives, in a figurative sense, have also been steering homeowners off-course and into danger, and just like the captain, need to be held accountable. We sided with the New York Times and their editorial this week, which called for President Obama to form an inter-agency task force to investigate the banks for their actions.

Courtesy: Miami Herald

Finally we’d like to end the week by sharing a fresh perspective on the local housing collapse, courtesy of the Miami Herald. Indices from the Federal Housing Finance Agency show that home appreciation levels locally were much higher than the national average when the housing market peaked in 2007.

In both Broward and Miami-Dade counties, home prices were average well over 100 percentage points better than the national average, which was 166 percent 5 years ago. With numbers like that, in retrospect it should have easy for anyone to see that the bubble was about to burst, at least in South Florida.

It’s worth noting that homes locally have held their value better than the average US home. Hopefully that’s a sign of good things to come.

Have a great weekend and we’ll see you next week in the trenches!

Restoring Equity a Reality! Underwater Homeowners Have Hope

Tuesday, August 9th, 2011

From Urban Legend to Reality: Ocwen Offers Serious Principal Reduction

Meaningful principal reduction used to be an urban legend compounded by scamsters.

And until recently, Florida homeowners were probably more likely to spot Bigfoot than find a lender willing to forgive a significant portion of their residential first mortgage through a loan modification.  But earlier this month, Ocwen Financial Corp. became one of the first private companies to initiate principal reduction without the prodding of a government agency.

Through the program called Shared Appreciation Modification (SAM), Ocwen is writing down qualified loans to 95% of the underlying property’s market value. The amount written down is forgiven in one-third increments over three years as long as the homeowner remains current. When the house is later sold or refinanced, the borrower will be required to share 25% of the appreciated value with the investor.

“Like all modifications, SAMs help homeowners avoid foreclosure. But they also restore equity,” said Ocwen CEO Ronald Faris. “That’s a significant benefit to the customer and, we believe, the economy and housing market. Psychologically, it’s important too. Our analytics tell us that an underwater mortgage is one-and-a-half to two-times more likely to default than one with at least some positive equity.”

Ocwen said 79% of the borrowers have accepted the offer with a re-default rate of 2.6%. Ocwen said it has regulatory clearance to push the program into 33 states.  Since the start of the mortgage crisis, Ocwen has saved over 200,000 homes from foreclosure and produced 25 times as many modifications per loan serviced as the servicing industry overall, the company claims.

“The simplicity and rationale of the SAM is striking: the homeowner maintains the equity that would otherwise be lost in the foreclosure process, and servicers and investors maintain a performing asset,” John Taylor, President and CEO of the National Community Reinvestment Coalition, said. “Ocwen has found a way to align the interests of borrowers, servicers and investors, making the program a win-win for all involved.”

Oppenheim Law hopes this is the beginning of a trend that was supposed to start three years ago when the government promised that it would assist in modifying more than 4 million loans.

Principal Reduction: Why Banks Don’t Do It More + What’s Wrong With It

Saturday, July 16th, 2011

There are quite a few people who advocate principal reduction as the best way to get out of the housing crisis. Their arguments were succinctly laid out and analyzed in an Atlanta Federal Reserve white paper.

Advocates of such a policy argue that it would be cheaper for banks to reduce the principal of a loan to the current value of a house because people who have positive equity in their homes are much less likely to default on their loans. The policy would also help homeowners because they would get to stay in their homes. It seems like a win-win situation, except it isn’t.

As a recent New York Times article illustrates the difficulty with large scale restructuring programs is that banks don’t know who really needs the help and who is trying to take advantage of the situation.

Ms. Rula Giosmas was not one of the people who needed help, yet she got it anyway. For her lender, the modification amounts to an avoidable loss. The lack of knowledge in who can pay and who can’t is the reason why banks are wary of initiating large scale modification programs: not all underwater borrowers will default on their mortgages.

It still remains economically advantageous to foreclose on the defaulters and continue to collect the full loan amounts from the people who can and will pay. The banks also worry that if they do initiate large scale modification programs, it will encourage people who can pay to miss payments simply to qualify for the principal reduction. Such a problem is called moral hazard, where there are incentives to perform badly. The last thing that banks want is to encourage people to default.

Oppenheim Law warns you: don’t bet on a principal reduction. Banks are very wary of them and the Federal Reserve white paper is going to scare them off even further.

There are, however, other foreclosure defense solutions so don’t become a deer in the headlights. You must be proactive!

Check out a recent post about ‘how to pay off second mortgages at a discounted rate’.


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