Posts Tagged ‘real property law’

Era Of The Short Sale Has Arrived. Hallelujah!

Tuesday, April 17th, 2012

Maybe you weren’t convinced the first time I told you the era of the short sale was finally upon us.

I can’t blame you for thinking that banks were acting irrationally when it comes to the foreclosure process.

But Lender Processing Services just offered up the most convincing numbers to date that short sales are no longer just some pie-in-the-sky dream for distressed underwater borrowers.

For the first time in the US, LPS says there were more short sales in a single month then there were foreclosures.

In January short sales made up 23.9 percent of home sales, while foreclosure sales made up 19.7 percent of all home purchases.

Of course that means that over half of all real estate closings are for distressed homes.

A year before, the percentages were skewered in the opposite direction. In January 2011, 16.3 percent of home purchases came through short sales, and 24.9 percent were foreclosures.

Why are the banks now convinced, as I was long ago, that going through the long and harrowing process of a foreclosure is not their best option?

The proof is once again in the numbers. On average, foreclosed homes sold for 29 percent less than non-distressed properties in January.

Homes sold via short sale? They went for 23 percent less. Here in Florida, LPS says short sales have outnumbered foreclosures since July.

That means short sales are a better deal for the banks, plain and simple.

The truth is banks don’t want to own these properties, they certainly can’t handle maintaining these homes, and they just end up laying waste to neighborhoods by hanging on to them.
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Friday Round-Up; Foreclosures Up Again, DeMarco Dances With Reductions; Bank Of America Sues Itself

Friday, April 13th, 2012
cowboy lassoForeclosures, repos up from last year in South Florida

I said after the foreclosure settlement was announced that banks had been given the green light to rev up their foreclosures engines, and in South Florida at least, I’m being proven right.

RealtyTrac’s numbers from last month show dramatic year-over-year increases in both new foreclosure filings (85%) and repossessions (39%) in Palm Beach, Broward, and Miami-Dade counties, compared to March 2011.

In Florida overall, new foreclosure cases were up 58 percent. Nationally however, new filings dropped 12 percent from last year, however they rose 7 percent from February.

Since the sunshine state has one of the largest foreclosure backlogs in the country, it really shouldn’t surprise you that the numbers skew so heavily against Florida.

The settlement has emboldened banks to become more aggressive in seeking to foreclosure, and the numbers certainly back that up.

Edward DeMarco Not Ready For Principal Reduction

More back and forth this week from Edward DeMarco, who despite announcing that principal reduction could save Fannie Mae and Freddie Mac 1.7 billion dollars, seems unwilling to venture far from his previous stance on loan modifications.

He said in a speech this week that a new analysis does show writing down the value of some underwater mortgages does have the potential to lower foreclosure rate and save both GSEs substantial money, but he’s still downplaying the significance of principal reduction.

While he has eased up on his previous refusals to even entertain the idea of modifications, he still seems fixated on the risk of strategic default, which he feels could wipeout any potential savings.
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Friday Round-Up; Foreclosure Settlement Signed; Oversight Begins; Palm Beach Foreclosures Jump; Feds Offer REO Rental Rules

Friday, April 6th, 2012

cowboy lassoJudge Signs $25 Billion Foreclosure Settlement

It’s finally official. The so-called $25 billion foreclosure settlement has been signed off by a federal judge.

This comes after the settlement was filed in court last month. DC District Judge Rosemary Collyer did the honors Wednesday.

I won’t rehash my thoughts about what’s good and what’s bad about this settlement. Everything that needs to be said about it has been said.

You and I know that the banks will get more of a pass than they are entitled to for all of their robosigning shenanigans. In reality they are really only paying out about $5 billion in actual money, and I’ve still haven’t seen a single banking officer jailed.

Just remember this fight ain’t over yet!. This settlement was a necessary step, in order for the feds to move on to their investigation into securitized trusts.

THAT is where the banks will hopefully get what’s really coming to them.

Mortgage settlement oversight begins in North Carolina

Now that the settlement is official, the new government agency that will be watching the banks is now open for business.

North Carolina Banking Commissioner Joseph Smith is going to oversee the office and how the banks will receive “credits” towards the settlement for providing homeowners mortgage relief.

Relief, unfortunately, will often come in the form of transactions, such as short sales, that the banks were already doing before the settlement was announced.

“By itself, this settlement will not remedy every problem that system faces. But trust in our mortgage system can move forward if we use this opportunity to show fairness, transparency and accountability,” Smith said. “
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From Project X to Project Rent: Bank Of America To Test Lease Program

Friday, March 23rd, 2012

Banking officials, as a general rule, are old school. They are very resistant to change, and usually refuse to think outside of the box.

Over the years I’ve seen the banks hold little to no regard for the customers they serve. Their philosophy has essentially been ‘You can’t pay your mortgage, then out on your butt you go!’

Forget that they’ve screwed people, or caused the worst recession in 80 years.

Forget that homeowners often have good reasons for not being able to pay. Banks have had very little heart and even less common sense.

So I was blown away by Bank of America’s new test program, called “Mortgage to Lease”, which was unveiled this week. In a few select markets, BofA will give about 1,000 customers facing foreclosure the chance to stay in their homes by turning them into renters.

Bank of America will offer these borrowers the opportunity to have their mortgage debts forgiven, and instead of kicking them to the curb, BofA will lease these homes back to the borrower for up to 3 years for less than the market rental rate.

No more mortgage, no more property taxes or homeowners insurance! And people can stay in their homes! Imagine that!

Turning foreclosure properties into rentals is an idea I’ve long advocated. It only took Bank of America a few years to listen to me!

I was wondering why now, what finally turned Bank of America over to my way of thinking?

I could tell you that Bank of America’s small heart grew three sizes like the Grinch’s, but we all know that’s not true.
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