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Study: Reckless Spending Behind Foreclosures
May 27th, 2010 10:26 AM

Study: Reckless Spending Behind Foreclosures

Did banks prey on unwitting consumers or did borrowers go into foreclosure because they stretched further than they should have?

Researchers at the University of Arkansas found that most households in foreclosure were relatively affluent and highly educated people with few or no children, living in geographical areas that experienced extremely rapid real estate appreciation.

The researchers divided U.S. households into 21 life-stage groups, using data from a variety of sources. Then they identified which groups experienced the most foreclosures. The group with the highest foreclosure percentage was one they dubbed “Cash & Careers,” affluent adults born between the mid-1960s and the early 1970s.

Members of this group had high household incomes, high education levels, high home values, and none to only a few children. Also, members of this group were classified as aggressive investors, most of whom lived in areas – California, Nevada, Arizona, and Florida – with rapid real estate appreciation.

“The policy implication from our results is that strong consumer protection laws, though necessary to prevent Wall Street banks from offering high-risk loans to the most vulnerable – will not be sufficient to prevent another financial crisis like the one the U.S. economy experienced in 2007 and 2008,” says Tim Yeager, associate professor of economics and lead author of the study.

Source: University of Arkansas (05/06/2010)


 


Posted by Jerry Bailey on May 27th, 2010 10:26 AMPost a Comment (0)

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Homes can be lost by mistake when banks miscommunicate
May 31st, 2010 12:05 PM

Homes can be lost by mistake when banks miscommunicate

Last November, Michael Hill of Lexington, S.C., finally got the call he'd been waiting for. Congratulations, a rep from JPMorgan Chase told him, your trial mortgage modification is approved. Hill's monthly payment, around $900, would be nearly halved.

Except there was a problem. Chase had foreclosed on Hill's home a month earlier, and his family was just days away from eviction.

"I listened to her and then I just said, 'Well, that sounds good,' " Hill recalled. " 'Tell me how we're going to do this, seeing as how you sold the house?' " That, he found out, was news to Chase.

Millions of homeowners face losing their homes in the continuing foreclosure crisis, but homeowners often have more than the struggling economy and slumping house prices to worry about: Disorganization within the big banks that service mortgages has made a bad problem worse.

Hill was able to avoid eviction — for now. Chase reversed the sale by paying the man who'd bought the home an extra $19,500 on top of the $86,000 he'd paid at the auction.

But other homeowners say they lost their homes because the communication breakdown within the banks was so complete that it led to premature or mistaken foreclosures.

"We believe in many cases people are losing their homes when they should not have," said Kevin Stein, associate director of the California Reinvestment Coalition, which counts dozens of non-profits that work with homeowners among its members.

In the worst breakdowns, such as Hill's, banks — and other companies that service loans — actually work at cross-purposes, with one arm of the company foreclosing on the home while the other offers help. Servicers say such mistakes are rare and result from the high volume of defaults and foreclosures.

The problems happen even among servicers participating in the administration's $75 billion foreclosure-prevention program.

Servicers operating under the year-old program are forbidden from auctioning someone's home while a modification decision is pending.

It happens anyway.

Consumer advocates say the lapses continue because they go unpunished. "We've had too much of the carrot, and we need a stick," Stein says. The Treasury Department has yet to penalize a servicer for breaking the program's rules. The program provides federal subsidies to encourage modifications.

Treasury officials overseeing the program say they're aware of the problems and have moved to fix them. Some states are going further to protect homeowners, however, with recent rules that stop the foreclosure process if the homeowner requests a modification.

Many homeowners, seeing no other option, have gone to court to reclaim their homes. At least 50 homeowners have recently filed lawsuits alleging the servicer foreclosed with a loan mod request pending or even while they were on a payment plan.

Long waits for help

In good times, banks and other servicers —Bank of America is the biggest, followed by Chase and Wells Fargo— were known mainly to homeowners simply as where they sent their monthly mortgage payment. But the companies have been deluged over the past couple years by requests for help from millions of struggling homeowners.

Homeowners commonly wait six months for an answer on a loan mod application. The federal program for encouraging loan mods includes a three-month trial period, after which servicers are supposed to decide whether to make the modifications permanent. But some homeowners have waited as long as 10 months for a final answer.

The experience of Hill, married with two children, typifies the delays and confusion. After the mistaken foreclosure, he began the trial modification last December. He made those payments, but two months after his trial period was supposed to end, Hill is still waiting for a final answer from Chase.

The miscommunications have continued. He received a letter in January saying that he'd been approved for a permanent modification, but he was then told he'd received it in error.

His family remains partially packed, ready to move should the modification not go through. "I'm on pins and needles every time someone's knocking on the door or calling," he said.

Christine Holevas, a Chase spokeswoman, said that Chase had "agreed with Hill's request to rescind the foreclosure" and was "now reviewing his loan for permanent modification." She said Chase services "more than 10 million mortgages — the vast majority without a hitch."

Communication breakdowns occur because of the way the servicers are structured. One division typically deals with modifications and another with foreclosures. Servicers also hire a local trustee or attorney to actually pursue foreclosure.

"Often they just simply don't communicate with each other," said Laurie Maggiano, the Treasury official in charge of setting policy for the modification program. Such problems were particularly bad last summer, in the first few months of the program, she said. "Basically, you have the right hand at the mortgage company not knowing what the left hand is doing," said Mark Pearce, North Carolina's deputy commissioner of banks. Communication glitches and mistakes are "systemic, more than anecdotal" among mortgage servicers, he said.

"We've had cases where we've informed the mortgage company that they're about to foreclose on someone." The experience for the homeowner, he said, can be "Kafkaesque."

"We're all human, and the servicers are overworked and trying their best," said Vicki Vidal, of the Mortgage Bankers Association. She said foreclosure errors are rare, particularly if struggling homeowners are prompt in contacting their servicer.

Frances Gomez, of Tempe, Ariz., lived in her house for over 30 years. Three years ago, she refinanced it with Countrywide, now part of Bank of America, for nearly $300,000. The home's value has declined dramatically, said Gomez, who put some of the money from the refinancing into her hair salon.

Last year, the recession forced her to close her shop. Gomez fell behind on her mortgage, and after striking out with a company that promised to work with Bank of America to get her a loan mod, she learned in December that her home was scheduled for foreclosure.

So Gomez applied herself. She twice succeeded in getting Bank of America to postpone the sale date, and she said she was assured it would not happen until her application was reviewed. Gomez had opened a smaller salon and understood there was a good chance she would qualify for a modification.

She was still waiting in March when a Realtor, representing the new owner of her home, showed up. Her house had sold at auction — for less than half of what Gomez owed. "They don't give you an opportunity," she said. "They just go and do it with no warning."

It's not supposed to work that way.

Under the federal program, which requires servicers to follow a set of guidelines for modifications, servicers must give borrowers a written denial before foreclosing. When Gomez called Bank of America about the sale, she said, she was told there was a mistake but nothing could be done. She did get a denial notice— some three weeks after the house was sold and just days before she was evicted.

"I just want people to know what they're doing," Gomez, now living with family members, said.

After being contacted by ProPublica, Bank of America reviewed Gomez's case. Bank spokesman Rick Simon acknowledged that Gomez might not have been told her house would be sold and that the bank made a mistake in denying Gomez, because it did not take into account the income from her new salon business. Simon said a Bank of America representative would seek to negotiate with the new owner of Gomez's house to see if the sale could be unwound.

Simon said the bank regrets when such mistakes happen due to the "very high volume" of cases and that any errors in Gomez's case were "inadvertent."

Even avoiding a mistaken sale can also be a stressful process.

One day in February, a man approached Ron Bermudez of Emeryville, Calif., in front of his house and told him his home would be sold in a few hours. This came as a shock to Bermudez; Bank of America had told him weeks earlier that he'd been approved for a trial modification and that the papers would soon arrive. He made a panicked phone call to an attorney, who was able to make sure there was no auction.

To contest a foreclosure under the federal program, Maggiano, the Treasury official, said a homeowner should call the HOPE Hotline, 888-995-HOPE, a Treasury Department-endorsed hotline staffed by housing counselors. Those counselors can escalate the case if the servicer still won't correct the problem, she said.

That escalation process has saved "a number" of homeowners from being wrongfully booted out of their homes, Maggiano said. Hill, the South Carolina homeowner, is an example of someone helped by the HOPE Hotline.

Of course, the homeowner must know about the hotline to call it. Gomez, the Arizona homeowner who lost her home to foreclosure, said she'd never heard of it.

Many homeowner advocates say the government's effort has been largely ineffective at resolving problems with servicers.

"I uniformly hear from attorneys and counseling advocates on the ground that the HOPE Hotline simply parrots back what the servicers have said," said Alys Cohen, an attorney with the National Consumer Law Center. Cohen said she'd voiced her concerns with Treasury officials, who indicated they'd make improvements.

Offering more protection

Under the current rules for the federal program, servicers have been barred from conducting a foreclosure sale if the homeowner requested a modification but are allowed to push along the process, even set a sale date. That allows them to foreclose more quickly if they determine the homeowner doesn't qualify for a modification.

As a result, a homeowner might get a modification offer one day and a foreclosure notice the next. As of March, servicers were pursuing foreclosure on 1.8 million residences, according to LPS Applied Analytics.

Maggiano, the Treasury official, said that's been confusing for homeowners. Some "just got discouraged and gave up."

New rules issued by the Treasury in March say the servicer must first give the homeowner a shot at a modification before beginning the process that leads to foreclosure.

They also require the servicers to adopt new policies to prevent mishaps. For instance, the servicer will be required to provide a written certification to its attorney or trustee that the homeowner does not qualify for the federal program before the house can be sold.

Maggiano said the changes resulted from visits to the servicers' offices last December that allowed Treasury officials to "much better understand (their) inner workings."

The rules, however, don't take effect until June. Nor do they apply to hundreds of thousands of homeowners seeking a modification for whom the process leading to foreclosure has already begun. And Treasury has yet to set any penalties for servicers who don't follow the rules.

Maggiano said Treasury's new rule struck a balance to help homeowners who were responsive to servicer communications to stay out of foreclosure while not introducing unnecessary delays for servicers. Some borrowers don't respond at all to offers of help from the servicer until they're faced with foreclosure, she said.

Some states, such as North Carolina, have recently gone further to delay moving toward foreclosure if a homeowner requests a modification. State regulators there recently passed a law that requires a servicer to halt the process if a homeowner requests a modification.

Pearce, the North Carolina official, said the rule was prompted by the delays homeowners have been facing and puts the burden on the servicer to expeditiously review the request. "They're in total control."

Stopping the process not only removes the possibility of a sudden foreclosure, he said, but also stops the accumulation of fees, which build up and can add thousands to the homeowner's debt as the servicer moves toward foreclosure.

In California, state Sen. Mark Leno, a Democrat from San Francisco, is pushing a bill that would do something similar. The servicers "should be working a lot harder to keep homeowners in their home," he said.

Kiel is a reporter for ProPublica, an independent non-profit newsroom based in New York. USA TODAY editors worked with him in preparing this story for publication.


Posted by Jerry Bailey on May 31st, 2010 12:05 PMPost a Comment (0)

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Sea Coast Realty Ranks Highly Among Nation’s Top Real Estate Companies
May 23rd, 2010 12:58 PM

Sea Coast Realty Ranks Highly Among Nation’s Top Real Estate Companies

Coldwell Banker Sea Coast Realty is among the country’s largest and most successful residential real estate companies named in the recently released 2010 REAL Trends 500 report.  The list is released annually by REAL Trends, Inc., the residential real estate industry’s leading source of analysis and information.

The REAL Trends 500 report ranks the country’s top residential real estate companies by closed transactions and by sales volume.  In 2009, Coldwell Banker Sea Coast Realty closed 2,799 sales, ranking #151 in the list of “The 500 Largest Brokers in the U.S.” ranked by closed transactions.  Sea Coast Realty closed $579,520,735 in sales volume in 2009, ranking #162 in the list of “The 500 Largest Brokers in the U.S.” ranked by sales volume.

Coldwell Banker Sea Coast Realty ranked #23 out of more than 1,074 Coldwell Banker affiliated companies in the U.S.  Coldwell Banker was ranked as the country’s #1 real estate franchise again this year, closing more than $128 billion in sales and almost twice as many sales transactions as the next leading real estate franchise. 

Locally, Coldwell Banker Sea Coast Realty performed similarly well.  In 2009, it closed more than twice as many sales as the next leading company.  Sea Coast Realty has claimed the title as southeastern North Carolina’s top selling real estate company for ten years in a row.


Posted by Jerry Bailey on May 23rd, 2010 12:58 PMPost a Comment (0)

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The Real Facts of N.C. Real Estate Issue 9, May/June 2010
May 18th, 2010 11:59 PM

 The Real Facts of N.C. Real Estate

Issue 9, May/June 2010

HOMEOWNERSHIP

Throughout the housing downturn, the American dream of homeownership has remained. The most recent survey indicates 65 percent of Americans would still prefer to own a home rather than rent.

Housing construction nationally rose to the highest level in 16 months in March. The increase was based largely on a surge in the South, where construction activity jumped 18 percent, the most significant increase in 10 months.

After a record low in February, sales of new homes surged 27 percent in March, exceeding expectations as better weather and government incentives boosted sales.

While the expired homebuyer tax credits did help 1.8 million people buy homes, 65 percent of survey respondents say the end of tax credits won’t reduce their personal interest in buying a home.

ECONOMY

The economy grew 3.2 percent in the first quarter, marking the third consecutive quarter of growth and confirming economists’ projections that the recession ended in the middle of 2009.

Economists have long warned the service industry would have to catch up with the manufacturing sector for the economy to recover. In February, the service industry grew at its fastest pace in more than two years.

Seven of North Carolina’s 11 economic sectors are forecast to see increases during 2010. Construction is expected to see the strongest growth, with a projected increase of 7.2 percent.

Americans’ confidence in the economy rose in April to its highest level since the financial crisis escalated in September 2008.

FORECLOSURE FACTS

N.C. homeowners facing foreclosure will now be given more time, thanks to a new regulation that halts foreclosure actions once a homeowner asks for a loan modification. In addition, mortgage servicers are now required to respond clearly and promptly when asked about mortgage assistance.

North Carolina will receive $159 million as part of a federal aid package designed to fight foreclosures in states plagued by high unemployment. This allocation will go to the N.C. Housing Finance Agency, whose mission is to provide affordable housing options to residents.

The share of homeowners behind on their mortgages fell in the first quarter of 2010, the first drop in four years and a possible sign that the foreclosure crisis has peaked. The portion of mortgages that were delinquent 30 days or more fell to 6.57 percent from 6.60 percent in the last three months of 2009. Though modest, it is the first decline in the delinquency rate since early 2006.

Published by the North Carolina Association of Realtors


Posted by Jerry Bailey on May 18th, 2010 11:59 PMPost a Comment (0)

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Mortgage Rates Hit 6-Week Low
May 14th, 2010 3:37 PM

Mortgage Rates Hit 6-Week Low

Freddie Mac reports that the average interest for 30-year fixed mortgages was 5 percent this week, down from last week's 5.06 percent.

Meanwhile, 15-year fixed loans averaged 4.36 percent versus 4.39 percent over that same time span. Rates on five-year, adjustable-rate mortgages and on one-year ARMs also were down, averaging 3.97 percent and 4.07 percent, respectively.

Source: Modesto (Calif.) Bee (05/07/10)

© Copyright 2010 Information Inc.


Posted by Jerry Bailey on May 14th, 2010 3:37 PMPost a Comment (0)

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6 Biggest Mistakes Homebuyers Make
May 8th, 2010 6:44 PM

Buying a home is the biggest purchase most people will ever make, yet many go into it blind. Here are the 6 most common -- and costly -- mistakes homebuyers make.

1. Not knowing your credit score
If you're even toying with the idea of buying a home, you must find out exactly what your FICO score is. If you find it is less than ideal, wage a systematic campaign to raise it. Too many borrowers ignore this step and get surprised when they get interest rate quotes.

Once you've pored over your credit history and corrected any errors, your next step is to pay down revolving debt balances to no more than 30% usage. That will help raise your score significantly.

Why does it matter?

The lower your score, the higher your costs of borrowing. Fannie Mae and Freddie Mac, for example, charge higher up-front fees to borrowers with credit scores below 740.

For a buyer with a credit score between 680 and 700, the fee comes to 1.5% of the mortgage principal. On a $200,000 mortgage, that adds up to $3,000. Someone with a 740 score pays nothing.

Lower-score borrowers also get saddled with higher interest rates, about 0.4 percentage point more for the below 700 borrower. That costs an extra $62 a month -- $744 a year -- on a $200,000, 30-year, fixed rate loan.


Posted by Jerry Bailey on May 8th, 2010 6:44 PMPost a Comment (0)

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30 Year Rate Just Over 5 Percent
May 4th, 2010 8:16 PM
30-Year Rate Just Over 5 Percent
 
The 30-year fixed mortgage rate stayed flat this week, averaging 5.07 percent to remain near historically low levels, reported Freddie Mac.

Here’s how other rates performed:

• 15-year fixed loans fell to 4.39 percent from 4.4 percent last week.
• Five-year hybrid adjustable-rate mortgage averaged 4.03 percent, down from 4.08 percent.
• One-year ARMs rose to 4.22 percent from 4.13 percent last week.

Source: Wall Street Journal, Nathan Becker (04/23/10)


 


Posted by Jerry Bailey on May 4th, 2010 8:16 PMPost a Comment (0)

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How Delinquencies Impair Credit Scores
May 1st, 2010 11:05 AM

How Delinquencies Impair Credit Scores

Fair Isaac, which developed FICO scores, used a comparison between two people to explain how mortgage delinquencies affect credit scores.

Fair Isaac derived these numbers from a theoretical calculation based on hypothetical borrowers – one with an initial score of 680 and one with an initial score of 780. FICO scores range from 300 to 850.

The hypothetical person behind the 680 score had six credit accounts, while the person with the 780 score had 10. The consumer with the 780 score had no missed payments other than the mortgage; the 680 example had two late payments before they failed to pay the mortgage.

After a mortgage delinquency, the two scores would look like this:

After 30-day delinquency, 680 score drops to 620 to 640; 780 score declines to 670 to 690.

After 90-day delinquency, 680 score falls to 595 to 610; 780 score goes to 645 to 665.

After foreclosure, short sale, or deed-in-lieu, 680 goes to 575 to 595 and 780 drops to 620 to 640.

After bankruptcy, 680 drops to 530 to 550; 780 declines to 540 to 560.

Source: CNN, Les Christie (04/22/2010)


 


Posted by Jerry Bailey on May 1st, 2010 11:05 AMPost a Comment (0)

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Contact my preferred Mortgage Professional:

 Grace Bass with Alpha Mortgage at Sea Coast: grace.bass@alphamortgage.com 

Office:  910.202.3680   Mobile:  910.620.7382

 

 

Contact my preferred Real Estate Attorney:

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Office:  910.343.5775   Fax:  910.343.5992

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