Weitz Law Firm - 520 Kirkland Way, Ste 103 - Kirkland, WA - (425) 889-9300

Sunday, April 1, 2012

Fannie and Freddie Principal Reductions...or lack thereof.


Weitz: I often have clients approach me and ask about the possibility of a principal reduction to allow them to stay in their home - my response is always the following: who actual owns your note? If its Fannie Mae or Freddie Mac, you've got a better chance of winning the lotto. As of today, there have been 0 principal reductions by these large GSEs since the crisis bagan. Below are some excerpts on the topic from a recent Seattle Times article:

Nongovernment holders of delinquent mortgages are offering more payment plans with debt forgiveness as Fannie Mae and Freddie Mac resist, according to the U.S. Office of the Comptroller of the Currency.

Principal reductions were granted in 8.5 percent of the 116,153 delinquent mortgages that received permanent modifications in the fourth quarter, according to a report by the unit of the Treasury Department.

Weitz: 8.5% - that's pathetic; unless banks and Fannie and Freddie get more aggresive with this, the foreclosure numbers will continue to mount.

That's up from 8.1 percent in the prior three-month period.

Debt forgiveness was included in 16 percent of loans held by private investors, 25 percent of loans held in bank portfolios and in none owned by the government-run companies.

"Principal modifications can be a tool in the overall arsenal," said Bruce Krueger, a senior mortgage expert with the comptroller's office, said in a conference call.

"It just makes sense for homeowners who have been significantly underwater to take a principal writedown," he said.

Lenders have struggled to find ways to reduce losses as 12.1 percent of mortgages were delinquent or in foreclosure at the end of last year, down from 12.4 percent a year earlier, according to the comptroller's report.

About 5 million homeowners have lost their property through foreclosure or other forfeiture actions since 2006, according to RealtyTrac.

Fannie Mae and Freddie Mac, the mortgage financiers under government conservancy since 2008, haven't granted principal reductions because it would cost the taxpayer-funded companies almost $100 billion, Edward DeMarco, the acting director of the Federal Housing Finance Agency, said in a Jan. 20 letter to Congress.

Weitz - here is a perfect example of the short-sightedness of these companies. They look at the losses of doing the modifications...they SHOULD be looking at the loses they are going to incur when theses properties go to foreclosure because a modification was not executed.

The agency oversees Freddie and Fannie.

Private investors may have acquired the mortgages at a discount or been forced to write down the value of the loans to comply with U.S. banking regulations, making it easier for them to offer debt forgiveness, Krueger said.

Principal deferrals, which reduce payments by delaying rather than forgiving debt obligations, were offered on 20 percent for loans held by Freddie Mac, 26 percent by Fannie Mae, 30 percent by private investors and on 39 percent of mortgages in bank portfolios.

"We haven't been able to determine whether principal-reduction modification works better than principal deferral modification," Krueger said.

Delinquent loans that received payment reductions greater than 10 percent have had a lower re-default rate than plans with smaller discounts, Krueger said.

The number of permanent modifications fell 44 percent in the fourth quarter from a year earlier and 16 percent from the prior three-month period, according to the report.

Weitz - not sure how to interpret this number - are we improving in the Real Estate market or the modifications becoming less successful - I would guess a little bit of both.

At the same time, the number of homes seized through foreclosures rose 22 percent to 116,060 and the number of short sales, when lenders agree to sell for less than the debt on the property, increased 29 percent from a year earlier to 63,257.

Owners of 768,773 homes had active mortgages modified under President Obama's Making Home Affordable program as of Jan. 31, the most recent data available from the Treasury Department. That included 44,058 loans with principal modifications, with a median debt reduction of $68,063.

For more information on your rights with Foreclosure, Short Sale or Loan Modification, consider seeking the Guidance of Seattle Foreclosure Attorney.

Our Firm:

Weitz Law Firm, PLLC
520 Kirkland Way, Ste 103
Kirkland, WA 98033

425.889.9300

weitzlawfirm.com

Friday, March 9, 2012

Washington Foreclosure Fairness Act - Bad Faith Determination


The foreclosure fairness act is now playing a big part in Washington foreclosures. The big component of the bill is that all parties must act in good faith, but what does that mean and why does it matter? Below is a very basic overview of the law and the potential ramifications of getting a bad faith determination at mediator.

General Rule. RCW 61.24.160

A violation of a Duty to Mediate in Good Faith include:

a. failure to timely participate int eh mediation without good cause

b. Failure to provide the following documents to the borrower at least ten days prior to mediation
a. accurate statement of loan balance
b. copies of note and Deed of Trust
c. Proof the beneficiary is the owner of the promissory note
d. estimate of arrearages
e. payment history for past 12 months
f. NPV analysis
g. explanation regarding any denial for loan modification or other foreclosure alternative
h. most recent BPO or appraisal
i. PSA the prohibits modification

c. Failure of a party to designate representatives with adequate authority to fully settle, compromise or otherwise reach resolution
What does it mean if the bank gets a failure to act in Good Faith?

If mediator issues a certificate that beneficiary failed to act in good faith, it would constitute a defense to a non-judicial foreclosure - the most common type of foreclosure in Washington.

A mediator certificate that the NPV (Net Present Value) of a loan modification exceeds the NPV of a foreclosure, it would constitute a basis for enjoining the foreclosure.

For more information on your rights in Foreclosure, Short Sale or otherwise, consider seeking the guidance of a Seattle Foreclosure Attorney or a Seattle Short Sale Attorney.

Our Firm:

Weitz Law Firm, PLLC
520 Kirkland Way, Ste 103
Kirkland, WA 98033

(425) 889-9300

Weitzlawfirm.com

Sunday, March 4, 2012

HARP 2.0 for Washington Homeowners


A recent AP article regarding the new HARP program:

The most ambitious federal mortgage program to date aimed at millions of underwater homeowners is poised to take off in the coming two weeks, yet some key issues could hinder borrowers' participation. One of them involves something most owners know nothing about: Who was your mortgage insurer on your underwater loan?

Weitz - We all know that the original HARP was a failure. Hopefully, the 2.0 version will be more productive - time will tell. Here are some basics of the program.

Though it was announced by the Obama administration late last year, the so-called "HARP 2.0" — the second version of the Home Affordable Refinance Program — will only hit full stride around the middle of this month, when Fannie Mae and Freddie Mac finish tweaking their automated underwriting systems to accept applications, and lenders and mortgage-insurance companies start handling large volumes of requests.

The revisions are crucial for owners who have outstanding mortgage balances in excess of 125 percent of the current resale values of their homes.

Under the second version of HARP, there is no upper limit on permissible loan-to-value ratios (LTVs). You can owe twice or even three times the value of your home and still qualify for a refinancing at today's low interest rates. The earlier version imposed a limit of 125 percent, which cut out millions of the hardest-hit victims of the real-estate bust.

Weitz - this is a major and necessary change from the previous version of the HARP program that will hopefully help out many more homeowners than the previous version.

The latest HARP also comes with streamlined underwriting — no requirement for physical appraisals in many cases, speedy processing and elimination of some of the deal-breaker fees imposed by Fannie Mae and Freddie Mac in recent years.

The objective, federal officials say, is to get it right this time around by removing the previous obstacles to widespread participation by lenders and severely underwater borrowers. Industry studies estimate that as many as 6.9 million loans could fit the broad requirements for refinancing, but that far fewer — somewhere around 2 million borrowers — are likely to qualify on all the detailed eligibility criteria.

Among the key rules:

• Only loans owned or guaranteed by Fannie Mae and Freddie Mac are eligible. Underwater borrowers who have FHA, VA or other types of mortgages are not. Both companies' websites — www.fanniemae.com and www.freddiemac.com — offer "look up" features that tell you whether they own your loan.

• Your mortgage must have been purchased or securitized by either company no later than May 31, 2009, and must have an LTV ratio in excess of 80 percent.

• You must be current on your loan with no 30-day late payments during the six months preceding application and no more than one late payment during the last 12 months.

If you think you qualify, you can apply to your mortgage servicer and ask how to proceed. Once the fully automated program gets going in a couple of weeks and your LTV is higher than 125 percent, you should also be able to shop around among other lenders who are large enough to run servicing operations of their own.

But be aware of a little-noticed glitch that has arisen in the program that could hamper your opportunity to refinance. Some lenders may not want to proceed with your application because of a detail buried in your loan documents that was always beyond your control — the name of the mortgage insurer on your current loan.

If it is United Guaranty, they may set your application aside because that firm alone has not agreed to adhere fully to the streamlined procedures other insurers accepted as part of the basic deal with the White House, Fannie and Freddie to kick-start the revised refi program.

The issue is technical and complicated — United Guaranty has refused to waive its rights to force lenders to repurchase what it considers badly underwritten loans, and is requiring additional underwriting in some cases. All other private mortgage insurers have waived their rights.

The net effect of United Guaranty's policy, say lenders and federal officials, is to disrupt the intended fast and efficient processing of HARP refi applications — potentially denying lower interest rates to as many as 10 to 15 percent of underwater borrowers who might otherwise qualify.

Some major lenders, such as Quicken Loans, said in interviews that they will have to either set aside or reject HARP applications where the original loan carries United Guaranty insurance. United Guaranty, a subsidiary of giant insurer AIG, said in an email statement that it "fully supports the Obama administration's efforts" in revising HARP, and that only a "minority" of its insured mortgages should be affected by its policy disagreement with the rest of the industry.

Bottom line for you if you're deeply underwater and interested in a HARP refi: Proceed with your application anyway, but be aware there are tripwires and snares that could derail you

For more information on your rights with Distressed Real Estate, consider dicussing with a Seattle Foreclosure Attorney.

Our Firm:

Weitz Law Firm, PLLC
520 Kirkland Way, Ste 103
Kirkland, WA 98033

(425) 889-9300

weitzlawfirm.com

Tuesday, February 21, 2012

Washington Foreclosure Settlement - What it means to you


As some of you may or may not be aware, there was a recent settlement between 5 of the large banks and the State Attorney Generals regarding the Foreclosure practices and on-going servicing of their loans.

Below, I will provide a detailed overview of the settlement and provide my take on what it means for Washington Homeowners.

The Settlement:

The $25 Billion settlement will provide financial ‘relief’ to an estimated one million at-risk borrowers.

The pact, as agreed upon by Bank of America, Wells Fargo, Chase, Citi and Ally Bank will offer reduction in loan principal and other assistance to qualified homeowners. $17 Billion will go to at-risk homeowners.

Weitz - Let me translate: these 5 banks only hold 20% of mortgages (note the difference between owning the loan and servicing the loan – they service a much higher percent, but only own 20%).


The pact allows for potential re-financing for people current on payments even if they are underwater on their homes.

Weitz - there were no specific details given who gets re-financing and under what terms.

Additionally, the deal will potentially provide $1500 to $2000 to people who have previously been foreclosed upon.

Washington Specific Information:

Washington stands to get $648 million under the $25 billion national settlement with five of the nation's biggest mortgage servicers announced Thursday.

The biggest chunk, $525 million, is aimed at helping those who are financially underwater on their mortgage because their home's value plunged: $455 million will go for reducing the loan principal of homeowners who are delinquent on payments, and $70 million for refinancing the loans of homeowners still current and paying higher-than-market interest rates on their mortgage.

Other moneys Washington state will receive under the settlement include:
• $45 million for foreclosure relief programs, including housing counselors, free legal assistance and mediation.
• $5 million to the state Attorney General's office to recoup its costs.
• $5 million in civil penalties, which will go to the state's treasury

How long will it take to get help?

Over the next 30-60 days (From Feb. 10, 2012), settlement negotiators will pick an administrator to handle the logistics of the deal. Over the next 6-9 months, the parties will work to identify which borrowers will get help.

It is expected that servicers will reach out to borrowers in the coming weeks, but they techinically have 3 years to provide help.

Each bank will have their own toll-free number and website and a national clearing house will be established at nationalmortgagesettlement.com.
• Ally/GMAC: 800-766-4622
• Bank of America: 877-488-7814
• Citi: 866-272-4749
• JPMorgan Chase: 866-372-6901
• Wells Fargo: 800-288-3212

What are the rules of the principal reduction program?


1) Borrowers must be a. behind on payments or b. at imminent risk of default
2) This does not cover loans owned by Fannie and Freddie Mac – this is important has a majority of loans are in-deed owned by Fannie and Freddie.
3) It will apply to both 1st and 2nd mortgages (if they are owned by the banks).

** Expect this to apply mostly to the 2nd loans that should reduced anyways.

What about the Re-Finance Program?

The re-finance program will apply to loans owned by the banks (rare).
Further, borrowers must be current on their loan payments and owe more than their home is worth. The interest rate can be reduced to as low as 5.25%

Weitz - Ha!!. Note the 5.25% - that’s only about 1.5% higher than current market rates – thank you, Banksters! ….Way to solve the problem with way above market interest rates.


Post –Foreclosure Help:

Apparently notices will be mailed to eligible borrowers. (Weitz – not sure how they are going to get those mailing addresses of people post-foreclosure).

What’s my take?

Let me translate what the banks have negotiated:
Don’t call us. We’ll call you. We’ll send you a letter if we think that you are eligible for help and we’ll decide (arbitrarily) in ‘awhile’ who is eligible for help.

My opinion: The devil is in the details. I see no real way in which to hold banks accountable to the pact. In fact, I think they benefitted tremendously as the threat of future legal recourse has now been alleviated.

Now that the banks no longer have to worry about ‘robo-signing’ lawsuits and other procedurally driven complaints / lawsuits, I expect the number of foreclosures to begin to rise again at least modestly, if not substantially.


For more information on your benefits and pitfalls of foreclosure and/or short sale, please consider contacting a Seattle Foreclosure Attorney or a Seattle Short Sale Attorney.

Our Firm:

Weitz Law Firm, PLLC
520 Kirkland Way, Ste 103
Kirkland, WA 98033

(425) 889-9300

Monday, January 2, 2012

Seattle Real Estate: Is now the time to buy?

A recent well-written article in the Seattle Times about ‘Testing the Real Estate Market’ in Seattle – obviously, I’ve got plenty to say on this one.

Despite declining prices — or is it because of them? — last year is shaping up as the Seattle area's best year for home sales since the real-estate market tanked in 2007.

Weitz- “Best since 2007” …. Not a very high bar to exceed!

Through November, closed sales of houses and condos in King and Snohomish counties were running 10 percent ahead of 2010's pace, according to Northwest Multiple Listing Service statistics (December's numbers are expected Wednesday).
That's still barely half the peak pre-bust volume. But market-watchers say the improvement is encouraging, especially considering 2011 was the first year in the past three with no federal-stimulus tax credits to entice buyers.

Weitz - ½ of the pre-bust levels – let me interpret…..still dreadful.

So who bought last year? And who's likely to be buying in 2012?
Renters who've decided low prices and interest rates now make buying more attractive than renting, brokers and other industry insiders say.

Weitz - For the first time since the crash, I have actually started to say that there are ‘SOME’ opportunities in the market place. Where are they, you ask? The low end of real estate has obviously been hit hard. We are seeing investors buying properties and easily being able to rent them and cash flow – namely, places like Everett and Tacoma seem to make sense with a lot of Single Family Homes and Condos falling to less than $150,000.

Investors who sense opportunity in deeply discounted distressed properties. Folks whose changing life circumstances — a new job, a growing family — dictate a move.

And, perhaps most important, people willing to live with the possibility that their home's value may go down still farther before it goes up — because they don't plan to sell anytime soon.

Weitz – while this can make sense, I don’t agree with this theory for a lot of folks. If you can rent and save a significant amount of money on a monthly basis, you are much better off waiting for opportunities in the housing market. It is my opinion that Real Estate has yet to bottom in the Seattle area in most areas – even if I am wrong on this fact, I find it hard to believe that rapid appreciation will be seen in the near future. As the only saying goes: ‘you don’t want to be the one to catch a falling knife’.

Buyers aren't purchasing homes as short-term investment vehicles anymore, says principal Jeff Bell of Cobalt Mortgage in Kirkland, and that's a huge shift.

"The whole system is different now," he says. "We're going back to the way real estate was 20 or 30 years ago."

Seattle economist Matthew Gardner, who analyzes the market for Windermere Real Estate, concurs.

Before the bust, he says, "it wasn't, 'This is my home.' It was, 'This is going to make me money.' "

Among buyers today, Gardner says, that expectation is all but gone.

No big change

Weitz – below are some ‘industry experts’ discussing the market – I’m going to comment on all their opinions, and then point out the obvious for everyone.

For the most part, industry observers don't expect any dramatic changes in the local real-estate scene in 2012. "The market's probably going to be struggling for a while overall," says Glenn Crellin, director of the Washington Center for Real Estate Research.

Weitz – agreed – with the amount of distressed Real Estate in the market, there is an incredibly high possibility of continued struggles.
"We'll be bouncing along the bottom," OB Jacobi, Windermere's president, told a recent industry gathering.

Weitz – note that OB is a Broker – Brokers will generally be overly optimistic as their paychecks gain as Real Estate gains.

Prices may slip a little more, experts say, or at best hold steady. Interest rates should stay at or near their record lows.

Weitz – Agreed.

Inventory probably will remain depressed — in part because so many homeowners are underwater on their mortgages, says Tim Ellis, who writes the Seattlebubble.com real-estate blog: "People who might otherwise be selling can't afford to."

Weitz – Agree with Tim (as usual) – check out his blog Seattle Bubble: it’s a great resource for Seattle Real Estate.

Tougher lending requirements probably will continue to short-circuit a significant number of sales, brokers say — financing obstacles are depressing sales by 10 to 15 percent, says John L. Scott Real Estate Chairman and CEO Lennox Scott.

Weitz – Agree with Mr. Scott for perhaps the first time ever.

Finally, observers say, foreclosures — which helped drive sales up and prices down in 2011 — will continue to play an influential role.

Weitz – Again – I agree.

Weitz – Note that you have a handful of experts in Seattle Real Estate indicating that things will not be improving (and most say that tougher times will be ahead). So please tell me why NOW is a good time to buy?

Sales of bank-repossessed homes were up substantially last year. They accounted for 17 percent of all King County sales in October, up from less than 10 percent in October 2010, according to Seattle-based real-estate marketplace Zillow.com.

Those homes sold not only for significantly less, but also at steeper discounts than other properties compared to a year earlier. The median price of repossessed houses sold in King County in November was down 18 percent from the same month in 2010, according to an analysis by Washington Property Solutions, a short-sale negotiating firm.

For nondistressed houses, the year-over-year drop was less than 3 percent.

Weitz – I’m not sure why ‘distressed’ and ‘non-distressed’ numbers always get separated. The reality is that a buyer has equal access to both. ‘Distressed’ homes are not some distinct sub-category of the market. They are the new reality.

The foreclosure pipeline probably won't dry up anytime soon, most analysts say, despite a recent slowdown in auctions and repossessions they consider merely a pause.

Weitz – Correct, the New Foreclosure Fairness Act has been a great ‘stalling’ aide for foreclosures. The FFA, coupled with the Recontrust issues (Bank of America’s Trustee for Foreclosures), has led to a recent slowdown in Foreclosures – don’t expect that trend to continue.

The percentage of Washington homeowners at least 30 days delinquent on their mortgages has nudged up from 7.1 to 7.5 percent over the year, according to the Mortgage Bankers Association.

And, according to Zillow's latest data, 29 percent of King County single-family homes with mortgages have "negative equity" — their owners owe lenders more than the homes are worth.

That's likely to keep foreclosures elevated, says Stan Humphries, Zillow's chief economist.

But their impact on prices doesn't reach across the board, he adds: Higher-priced houses, which face less competition from foreclosures and short sales, have declined much less in value over the past year than lower-priced stock.

Weitz – this has been true; however, it leads to my prediction for 2012: while the high end has fared better thus far, I expect that the lack of buyers will eventually lead to sellers doing more ‘strategic defaults’ and thus lowering the prices of those properties as well.

That's among the signs of stability in the Seattle market that Humphries says he finds encouraging heading into 2012.

"It's not a terrible time to buy," says Ellis, the blogger. "It depends on your situation."

He bought his first house last year, a short sale in Everett, after looking on-and-off for five years.

That's what Crellin, the real-estate researcher, concluded. He moved recently from Pullman to Seattle when his center switched affiliations from Washington State University to the University of Washington.

He's 61, headed toward retirement. When he considered what the real-estate market might do between now and then, Crellin says, he wasn't certain he'd recoup his investment if he bought.

Considerations like that drove buying decisions in 2011 and will continue to drive them in 2012, experts say.

"It's not 'Buy because you're going to get 10 percent appreciation over the next couple years,' " says Bell, the mortgage broker. "It's not what it used to be at all."

He plans to buy a new house this year — and stay there 15 or 20 years. "I'm not looking for the house to appreciate," he says. "I'm moving for my lifestyle."

Another likely 2012 buyer: Zillow's Humphries. He's not looking to make money, he says. He just wants a bigger back yard.

"With three kids, that's important," the economist says.

Weitz – bottom line: I tell clients the key in deciding whether to purchase a property (from a purely objective standpoint) is to focus on cash flow. If you can buy for the same amount or less of renting, then I think it’s a fine time to buy. If that is not the case, patience is a virtue and will be rewarded.

For more information on your rights in Foreclosure or Short Sale, consider seeking counsel from a Seattle Foreclosure Attorney.

Weitz Law Firm, PLLC

520 Kirkland Way, Ste 103
Kirkland, WA 98033

425 889-9300

weitzlawfirm.com