1. Some Lenders Paying Borrowers Thousands to Short Sell Their Homes

    By on February 7, 2012

    According to a new article on Bloomberg by Prashant Gopal, banks have begun to incentivize troubled homeowners to short sell their homes by offering them sizeable checks:

    “Banks, accelerating efforts to move troubled mortgages off their books, are offering as much as $35,000 or more in cash to delinquent homeowners to sell their properties for less than they owe.

    Lenders have routinely delayed or blocked such transactions, known as short sales, in which they accept less from a buyer than the seller’s outstanding loan.  Now banks have decided the deals are faster and less costly than foreclosures, which have slowed in response to regulatory probes of abusive practices.  Banks are nudging potential sellers by pre-approving deals, streamlining the closing process, forgoing their right to pursue unpaid debt and in some case providing large cash incentives, said Bill Fricke, senior credit officer for Moody’s Investors Service in New York”.

    A short sale is when a homeowner sells their house for less than they owe on the mortgage, and the lender forgives the outstanding balance on the loan.  For instance, a homeowner may have a home that is worth 200,000 but has a 250,000 mortgage due to declining home values.  The homeowner might be able to petition the bank to do a short sale, and sell the house for $200,000.  The bank would then forgive the $50,000 remaining on the mortgage (although the homeowner may be liable for taxes on the forgiven debt). The reason a bank would approve a short sale is because it is a way to mitigate losses.  Often a short sale costs a bank less than a foreclosure, according to the Bloomberg article, losses are 15 percent lower on short sales than on foreclosures.

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    Category: Mortgage Rates
  2. Short Sales Made Up 12% of Home Sales in Second Quarter

    By on September 15, 2011

    According to an article by Julie Schmit in the USA Today, short sales are on the rise across the United States.  In the second quarter of 2011, short sales comprised 12 percent of all home sales, up from 10% in the second quarter of 2010.

    A short sale occurs when a homeowner who owes more on their mortgage than it is worth sells their home for market value and the bank forgives the remaining amount owed on the mortgage.  For instance, a homeowner may have a $260,000 mortgage on a home that was worth $300,000 when they purchased it.  Subsequently, the home declined in value to $240,000, making the homeowner $20,000 underwater.  That homeowner may ask the bank’s permission to sell the home for $240,000, and the bank may forgive the $20,000 shortfall between the sale price and the amount remaining on the mortgage.

    The bank may allow a short sale to occur in an effort to mitigate losses.  If the bank has to foreclose upon a home, the losses are generally greater than if they allowed a short sale.  Homeowners conducting short sales should be aware that they may incur a tax liability on the amount of debt that is forgiven.

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    Category: Mortgage Rates
  3. New Legislation Would Make Short Sale Process Quicker

    By on April 15, 2011

    New legislation proposed in the House of Representatives would make short sales faster.

    The bill, backed by Rep. Robert Andrews (D-NJ) and Rep. Tom Rooney (R-FL), would require banks and mortgage servicers to respond to requests for a short sale within 45 days of the request. The National Association of Realtors immediately lent their support to the proposed bill.  While I don’t know how much support the bill has, the fact that is has bipartisan sponsorship would seem to make it more likely to garner support.  It is a common sense measure (which is of course no guarantee of success in our Congress).

    A short sale is when a bank allows a borrower with negative equity to sell their home for less than is owed on the mortgage.  The difference between the sale price and what is owed on the mortgage is usually then forgiven by the lender.  They are most common in markets such as California where home prices have declined dramatically since the market peaked.  The problem is that in the era of mortgage securitization, multiple parties (investors,  servicers, insurers, etc.) need to acquiesce to a short sale in order to complete the deal.  It can take an extremely long time for all involved parties to get back to the buyer and seller with an answer. It was recently found that in California, 4 out of 10 short sales that go under contract end up falling through. This is a direct result of the lengthy short sale process.  Despite this, the number of successful short sales has increased dramatically in recent years.  As of January 2011, short sales constituted 27.3% of all home sales in Southern California.

    Speeding up the short sale process would obviously encourage more short sales, or would at least ensure that more short sales that go under contract actually end up going through.

    Category: Mortgage Rates
  4. Short Sales and Mortgage Modifications May Have Tax Implications

    By on March 11, 2011

    If you have conducted a short sale or received a loan modification in the past year, you could owe taxes on the debt forgiven by your lender.  It is very important to be aware of the tax implications of mortgage debt forgiveness so you don’t incur tax penalties.  Before we begin, I want to emphasize that I am not an accountant or tax lawyer, and this is for informational purposes only.  Always consult your attorney or accountant before making tax-related decisions.

    In the past, most forgiven debt was taxable.  Then, in response to the foreclosure crisis, the Mortgage Forgiveness Debt Relief Act of 2007 was enacted.  It provides special exemptions that relieve homeowners from paying taxes on forgiven mortgage debt, but only under certain circumstances.  Up to $2 million of forgiven debt is eligible under the exemption. Legislation has now extended this exemption through 2012.

    In order to qualify for forgiveness, that debt forgiven must:

    “be used to buy, build or substantially improve the taxpayer’s principal residence and must have been secured by that residence.  Debt used to refinance qualifying debt is also eligible for the exclusion, but only up to the anmount of the old mortgagte principal, just before refinancing.

    Debt forgiven on second homes, rental property, business property, credit cards or car loans does not qualify for the new tax-relief provision.  In some cases, however, other kinds of tax relief based on insolvency, for example, may be available.”

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    Category: Mortgage Rates
  5. California Association of Realtors Encourages Cooperation on Short Sales

    By on March 10, 2011

    Two days ago, I wrote about California short sales after a report emerged that said that 43% of short sales under contract in that state end up falling through.  A short sale is when an underwater homeowner sells their house for less than is owed on the mortgage.  When the sale is completed, the lender forgives the difference between the loan amount and the sale amount (taxes may be due on the forgiven debt).  In order to do this, the seller needs to get permission from lenders and servicers, and the process is often long and frustrating.  It is the length of the process as well as the difficulty in procuring lender cooperation that causes many of these sales to fall through.

    This morning, the Beth Peerce, the President of the California Association of Realtors published an open letter underlining the importance of short sales in the California market, and asking for increased cooperation in conducting short sales:

    “Unfortunately, many homeowners are unable to successfully negotiate a short sale.  According to a recent survey of 2,150 California REALTORS® who have assisted clients with a short sale, only three out of five transactions closed – even when there was an interested and qualified buyer.

    What’s the problem?  For one, no two mortgage agreements are the same, so it can be difficult to standardize short sale processes and procedures.  Many homeowners have second mortgages, which further complicate matters.  Then there’s the challenge of convincing multiple parties to take a financial loss or, in the case of loan servicers, to forego fees they otherwise might earn during the course of the foreclosure process.  Poor and slow service by many banks and servicers has only exacerbated the problem.  Horror stories abound from potential homebuyers and REALTORS® forced to wait 90 or more days for a response to a purchase offer or being required to fax short sale applications or other paperwork as many as 50 times.   These delays discourage potential homebuyers from considering a short sale purchase and undermine the process for those who short sales are intended to benefit – the hundreds of thousands of families facing foreclosure.”
    As the letter says, 640,000 Californians have lost their homes to foreclosure in the past three years, and more than a third of Californians are underwater on their mortgages, so the foreclosure problem in California will not subside anytime soon.  Encouraging short sales makes a lot of sense and would help liquidate some of the excess inventory in the state.
    Category: Mortgage Rates
  6. Short Sales Failing in California

    By on March 8, 2011

    Jonathan Lansner writes a really good column/blog in the Orange County Register (Lanser on Real Estate) that never fails to provide insight into the California real estate market.  He has a post this morning about the state of short sales in California that I thought was pretty interesting.

    According to the article:

    “California real estate agents say that lenders are unresponsive to efforts to sell under-water homes, killing four out of every 10 “short sale” transactions that go under contract, a state survey shows.”

    A short sale is when a homeowner with negative home equity is allowed to sell their house for less than what they owe on the mortgage.  The remainder of the debt is then forgiven by the lender.  So for instance, a homeowner may owe $400,000 on a home that is now only worth $300,000.  With the permission of the lender, the homeowner may be able to arrange a sale for $300,000, and the lender forgives the remaining $100,000 that is owed on the mortgage (n.b. sometimes taxes may be owed on the forgiven debt).  This can be beneficial to the lender because they often stand to take a larger loss in a foreclosure than a short sale. It is beneficial to the homeowner because it allows them to get out from under the mortgage.  Short sales generally hurt the credit of the borrower less than if the house was foreclosed.  These types of sales are particularly prevalent in markets such as California, Nevada, Arizona, Michigan, and Florida, all of which were hit particularly hard by the housing bubble.

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    Category: Mortgage Rates
  7. 400,000 Short Sales Could Occur in U.S. in 2010

    2 By on September 27, 2010

    There was an excellent article in this Sunday’s Washington Post by Dina ElBoghdady and Dan Keating about the rapid growth of short sales in 2010.  A short sale occurs when a lender allows an underwater homeowner to sell their house for less money than they owe on the mortgage.  I highly recommend reading the article which contains plenty of good information.

    According to the article, short sales have tripled since 2008.  Fannie Mae has allowed three times as many short sales in 2010 than it allowed in 2007 and 2008 combined.  We are currently on pace to see 400,000 short sales this year.  The increase in short sales can be attributed to a variety of factors (and obviously the bad economy), but chief among them is the failure of loan modification programs such as HAMP and HARP.

    Short sales have a variety of benefits for both lenders and borrowers.  For borrowers, short sales are less harmful to credit scores than foreclosures are.  For lenders short sales are less costly than foreclosures.

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    Category: Mortgage Rates
  8. Failed Home Sales in 2009 to Lead to Home Price Declines in 2010?

    By on August 16, 2010

    There is a good article by Nick Timiraos in the Wall Steet Journal today which says that almost half of the attempts to sell a home in 2009 actually resulted in sale.  The data comes courtesy of Redfin Corporation.  A survey of 500,000 homes for sale across the country showed that only 47 percent of the homes sold.

    From the article:

    “There’s just such a standoff in the market between sellers and buyers, both with unrealistic expectations, and a lot of heartbreak and wasted effort,” said Glenn Kelman, Redfin’s chief executive.  He said that buyers’ complaints of overpriced or stale listings had prompted the number crunching, which looked at properties in the counties that include Chicago, Atlanta, Seattle, Los Angeles, San Francisco, Phoenix, and Boston.”

    There are a myriad of reasons houses are not selling, most of them relating to price.  Many homeowners are underwater (owe more on their mortgage than the value of their home) or are very close to underwater, and are unable to drop the price of their home to make it competitive with the distressed/foreclosed homes on the market.

    Furthermore, it takes a very long time to conduct a short-sale (when the home is sold for less than is owed on the mortgage).  The lender has to approve a short sale, and that often takes months because of the substantial backlog of people trying to do short sales.

    So what is the takeaway from this article?  I would say that it sets the stage for further declines in home values in the coming months.  While prices have been buoyed somewhat over the last several months due to the first time home buyer tax credit, that boost appears to have ended.  Mortgage purchase applications have collapsed (despite record low mortgage rates) since the expiration of the tax credit.

    According to Moody’s, home prices could decline by as much as 20 percent if the economy goes into a double dip recession.  This seems extreme to me, but I suppose it is entirely possible that this will happen in some markets in the event of a continuing economic slowdown.

    Did you try to sell your house in 2009?  How long did it take, and did you get the price you wanted?  Did you attempt to buy a home in 2009?  Let us know about your experience in the comments section below.

    Category: Mortgage Rates
  9. FHA to Unveil Short Refinance Program

    By on August 6, 2010

    It appears that the FHA is closer to announcing a new FHA Short Refinance Program that would help borrowers who are underwater on their mortgages to refinance.  According to a story on Housing Wire today, HUD secretary Shaun Donovan addressed the National Association of Real Estate Brokers this week, and said the agency would soon be implementing such a program.

    Per the article, the FHA has insured 30 percent of purchase mortgages and 20 percent of refinance mortgages in the last 18 months.  This is obviously a huge chunk of the market, and makes the FHA especially susceptible to foreclosures caused by price declines.  FHA is the main avenue for first time home owners and those without much money for a down payment to get a mortgage.

    There are no specifics as to how this new program would work, and how this program would differ from (and be more effective than) the Home Affordable Refinance Program (HARP) which was designed to serve a similar purpose.  We will have to wait for the official statement from HUD to learn more.  Donovan promised it would be coming soon.

    Donovan was quoted in the article as saying “By lowering the barriers to principal write-down, the vast majority of the burden of writing down these loans will fall where it belongs: on lenders and investors, not on the taxpayer”. This is a refreshing statement from the government, as it would be nice to see some of the costs of the recession be laid at the feet of those institutions who took risks and effectively passed them off to taxpayers when they went bad.  We will see if they actually mean it or not.

    There had been some rumblings in the blogosphere that there would be some sort of “August Surprise” from the government, some sort of mass refinancing of Freddie and Fannie borrowers.  The idea was dismissed by the Obama Administration, and the efficacy of such an idea was blowed up by Calculated Risk’s Tom Lawler here (the post is a case study in how to take apart an argument, I recommend checking it out).

    What do you think about this plan?  Does it make sense to do something like this, or are we pushing the rock up the hill only to watch it roll back down?  Let me know in the comments section below.

    Category: Mortgage Rates
  10. HAFA Causes Cancellations of California Foreclosures

    1 By on July 20, 2010

    There was a pretty interesting article last week in REO Insider by Jon Prior that discussed the effect that Home Affordable Foreclosures Alternatives (HAFA) program is having on the foreclosure market in California.

    It seems that an increasing number of foreclosures in California are being cancelled, and the reasons for this spate of cancellations can be attributed largely to programs such as HAFA, which is intended to encourage lenders to allow short sales as opposed to foreclosures.

    HAFA encourages short sales by providing cash incentives to lenders who allow short sales, especially those who hold subordinate mortgages, which can effectively cause the short sale process to grind to a halt.

    According to the article, 22,000 foreclosures sales were cancelled in June in California alone.  Many of these cancellations can be attributed to a rise in short sales.  In southern California alone short sales are up nearly 75 percent in 2010.  It appears that many lenders would prefer a short sale to a foreclosure, especially once the HAFA incentives are taken into consideration.

    It remains to be seen whether this trend will continue, or if this is some sort of temporary aberration, but this could be evidence that the HAFA program is having a net positive effect in some places, which is more than we can say for other foreclosure prevention initiatives.

    Category: General

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