Principal Forbearance in Loan Modifications Dupe Homedebtors with False Relief

Feb 22nd, 2010  
by IrvineRenter  in News

Astute Observations

Astute Observation by OrangeRenter
2010-02-22 08:10 AM

The Coto Blogger says: “I’m wondering if this mod is a one in a million or if they are offering up mods like this on a regular basis.”

Yes, this is the only “solution” for Option Arm loans (get out your calculator and try to figure any other way to keep a $600,000 mortgage at an artificially low payment of $1800, which is clearly the max these folks could afford.)

And I worked for one of the largest subprime/option arm servicers, where this was common practice.

Final note: these are INTEREST BEARING deferments, not Zero Coupon, as IR suggests, so it’s even worse than it sounds.

I hope they never offer actual principle reductions… It’s just not fair to the hardworking, responsible taxpayer.

Astute Observation by Walter
2010-02-22 11:16 AM

I think that what IR means by Zero Coupon is you do not need to pay interest during the term, only at the end. Zero Coupon does not mean zero interest.

Astute Observation by OrangeRenter
2010-02-22 02:24 PM

Just remembered that we were doing the principle deferral as NON-interest bearing. It was a similar procedure (which was prefered by the lender) to create a balloon and that would include defered interst. Either way… Bad solutions

Astute Observation by Swiller
2010-02-22 03:13 PM

HA HA HA!!!! Yes, let’s just do principal forgiveness for those corrupt crony investors and banksters, because Lord knows, THAT’S fair, and the best thing is, you and I we pay for it.
The whole system was fraud, yet not one person is being charged with crimes….you know why? Because the Fed, the U.S. Treasury, and our corrupt politicians were the ones who created the fraud.
No worries though, when a few MILLION people see their homes taken and then sold for cheap to the rich, they won’t get angry…no sir. You think one man flying his plane into a building is a statement…just wait, my guess is with the attitudes of the citizens attacking the victims and the whole system screwing every taxpayer in the behind, if it doesn’t get cleaned up there will be americans dying. The world and our enemies will laugh and say that capitalism sucks, and they are partially right, this is what UNRESTRAINED capitalism and worship of money gets you. Enjoy the sacking of America.

Astute Observation by winstongator
2010-02-22 08:14 AM

What do you think of principal mods in bankruptcy?  This carries real hazard, as people will still be reluctant to BK.  At that point, I don’t see why FC & becoming a renter would be the worst part of the BK process. 

Your bigger point of mortgage mods w/o principal reduction is true and should be repeated to those running the mod programs.

What would the market be for the z-c bond?  Would the bank hold it, sell it, dish it to the fed?  Anyone have a wager on what they’d be worth?

I think Obama needs to realize that there are going to be a huge number of foreclosures no matter what he does.  It is an unfortunate fact that is a result of the bubble.  It is an unpopular and unpleasant fact, but a fact nonetheless.  Putting resources towards stemming inevitable results is a waste, and we don’t have a lot to waste.

Astute Observation by IrvineRenter
2010-02-22 05:13 PM

“What do you think of principal mods in bankruptcy?”

This would have two effects: (1) it would cause interest rates to go up slightly to compensate for the greater risk, and (2) it would give borrowers incentive to over borrow and hope for later cramdowns if they get in trouble—moral hazard.

Astute Observation by Planet Reality
2010-02-22 08:17 AM

It should not come as a surprise that people are willing to happily accept these modification terms.

This was the goal in the first place: allow people to rent houses from the bank and allow the debtor to call themselves a home owner.

Astute Observation by Geotpf
2010-02-22 08:44 AM

Agreed.  It’s a good deal, IMHO.  As long as the monthly payment is less than the cost to rent a similiar house, they will be happy.  Why wouldn’t they?

If he ever needs to sell, either prices will have recovered by then, or he’ll short sale the place (or let it go into foreclosure again).  But he doesn’t have to worry about that if he plans on staying put (well, in 25 years he will, but that’s a long time from now).

Astute Observation by Walter
2010-02-22 11:19 AM

The one down side is you credit. Took a hit at mod time, and will take another hit if you short sale or foreclose down the road. If down the road is 5 - 7 years from now, that is a long time with sub-standard credit.

Might be better to get it over with and rebuild your credit?

Astute Observation by norcal
2010-02-22 03:34 PM

The other problem is that this family has no equity.  Where will they live when they retire?  I hope they manage to save some of the remaining 68% of their income to buy a retirement shack somewhere.

The debt on the house will always remain; the bank will simply take the loss on its books in 30 years or whenever it sells again, which at least dilutes the ocean of bad loans on the bank’s books.  Maybe that’s all they can hope for, since TARP is running out.

Astute Observation by Walter
2010-02-22 04:30 PM

Yes, but if they rented for the same nut as the payment, they would have no equity either. So on this issue we have a wash.

Astute Observation by winstongator
2010-02-22 08:22 AM

Lots of bubble deniers are efficient-market hypothesis believers.  EMH says the price is right, all the time.  That could justify high prices (think Manhattan), but not continuously RISING prices.  Either new information would have to come on line, or the price yesterday was wrong.

Markets eventually (almost always) get prices right but they can (1) take a long time, and (2) overshoot steady-state, or oscillate.  Treating different markets as different systems you can see that some markets, as constructed, are more prone to overshoot or oscillation.  Not all negative feedback systems are stable, and many, under certain conditions become unstable positive feedback systems.  An oscillating system will never reach its theoretical steady state.

Astute Observation by Planet Reality
2010-02-22 08:33 AM

Markets always get prices right, you simply need to understand the rules governing the market.

Prices were right during the bubble and prices are right now.  Do you see a theme?  The asset bubble will be supported by the government.

Astute Observation by winstongator
2010-02-22 09:17 AM

What rules changed from 2004-2005?

How many people think prices were right during the bubble?

Astute Observation by Planet Reality
2010-02-22 09:29 AM

You are missing the point.

In order to forecast market prices you need to forecast government regulation, or lack there of, market prices are always right.

During the bubble housing was affordable with creative financing; aligned with rent prices.  You can say the same for modifications now.

Astute Observation by winstongator
2010-02-22 10:38 AM

Your point is that gov’t actions set prices, and those prices are an accurate representation of value.  However, prices increased dramatically from 2003-2006.  Given your ‘point’, what changes in gov’t programs happened to cause this price change?

Prices have also moved downward strongly from 2006- (SEFL is off 50% from peak, and at early naughties pricing, ignoring inflation).  What gov’t actions caused that price drop?

Astute Observation by Schadendude
2010-02-22 06:58 PM

Saying ‘market’s prices are always right’ is akin to saying ‘Anarchy is the only perfect political system.’

But you’re right of course.

Astute Observation by Esq
2010-02-22 08:35 AM

That kitchen doesn’t look very upgraded to me.

Astute Observation by Kelja
2010-02-22 08:41 AM

IR puts it so succinctly—Government Intervention equals Unsustainable Clusterf***. Let markets work!

Astute Observation by Planet Reality
2010-02-22 08:57 AM

The markets are working as they always do, participants process the governing rules and price in value. 

It’s hilarious, but for most people the definition of a free market is getting the price they want.

The reality is far different; market price is always a real reflection of rules and expectations.  Feel free to complain with explitives, don’t let me stop you.

Astute Observation by nefron
2010-02-22 09:34 AM

Planet, you are in denial that government intervention has kept prices inflated.  I agree, houses are selling at these prices, but that doesn’t mean that prices would be at these levels today if the government would have just stayed out of the picture. 

Do you think if interest rates were not kept artifically low, banks were not allowed to fix their books to carry failed assets, and had not received tons of free money from the government, that the market would look exactly the same way today?  Nope, you’re wrong.

Astute Observation by Planet Reality
2010-02-22 10:24 AM

I never said we had a free market.

We haven’t seen a pure free market in our lifetime, and likely never will.

It’s best to accept that.

Astute Observation by Yummyhatorade
2010-02-22 09:29 AM

Don’t look now, but a similar unit at 60 Nightbloom just closed for $18,000 over its 2005 purchase price.  Prices will never come back.  Never.   

Astute Observation by Marc
2010-02-22 11:01 AM

Unsubstantiated claims like this are ridiculous. The more often you say “never” the stronger your argument becomes? Man, if these trolls had at least a high school degree one could have a normal conversation with them – how about a mandatory back to school program for realtors paid for by the commissions they make?

Astute Observation by lowrydr310
2010-02-22 12:58 PM

IR, I hope you archive all the posts and ‘astute observations’ so in 2015 we can look back and see who was wrong in their predictions, and who was REALLY wrong.

Some of your predictions on median value were off and didn’t take into account all the government intervention. I can accept that, because at least the assumptions you make in your predictions have some analysis to back them up.


How long can the gov keep the music playing? How long can the props be held in place before one of them breaks? I’m really surprised by the number of people who see an uptick in prices and say that the worst is behind us and that prices are going to keep going back up. It looks like the Kool Aid is still being mixed, only this time with more sugar!

Astute Observation by wheresthebeef
2010-02-22 01:44 PM

When mortgage interest rates hit 7% sometime in the near future, I’ll bet these home prices will be lower than they are today.

This charade can’t go on forever…

Astute Observation by Geotpf
2010-02-22 04:11 PM

Interest rates won’t be that high any time soon.  Not until after the economy has fully recovered will the Fed raise interest rates significantly.

Astute Observation by wheresthebeef
2010-02-22 07:09 PM

My definition of “sometime in the near future” is a few years…I would guess 3 years.

The Fed can not hold down rates indefinitely, I think rate increases will start later this year.  And you are making a big assumption…that the economy will recover back to normal.  I think we all agree that this “little recession” we are in is far from normal.

Anyway, I was responding to Yummyhatorade’s remark that housing in Irvine will NEVER come back to an affordable value.  Those are pretty bold words…I’m sure you would agree too.

Astute Observation by Swiller
2010-02-22 08:05 PM

What’s “affordable”? If inflation kicks in and you go from making $100,000 a year to $150,000 and housing prices remain the same…is that affordable? The best way out I see for the nation is inflation. Crank up the dollars, pay off the debt. What’s chinese currency called again?

Astute Observation by Geotpf
2010-02-23 08:50 AM

I’m not assuming the economy will recover any time soon.  I merely said that interest rates will be kept low by the Fed until it does.  If it takes ten years for the economy to recover, then interest rates will remain low for ten years.

Astute Observation by phantom600rr
2010-02-22 09:33 AM

I am aware that lenders normally have 2 options to foreclose on a property:  judicial vs. non-judicial.  Does anyone know what percentage of defaults are pursued by the judicial method in CA? Why would a lender choose one method over the other?  Thanks in advance for any info you may be able to provide.

Astute Observation by IrvineRenter
2010-02-22 10:42 AM

Try reading this post:

Foreclosure 101: Non-Judicial Foreclosure

Judicial or Non-Judicial Foreclosure

Foreclosure proceedings in most states are either Judicial or Non-Judicial at lender’s discretion. Unlike mortgages, Trust Deeds give the lender the Power of Sale at public auction if the borrower fails to repay the debt. With a Trust Deed, a lender can exercise this right without a court order using the faster and less-expensive non-judicial foreclosure.

The lender may sue the borrower for repayment of property debt in a judicial foreclosure and obtain a Deficiency Judgment which they can record as a blanket lien against all borrower property in a given jurisdiction. Lenders often will pursue judicial foreclosure and Delinquency Judgment if the amount is large and the borrower has other liquid assets the lender can take or illiquid assets the lender can encumber (look out Coastal California). Lenders greatly weaken—but do not extinguish—their claim to borrower assets in the non-judicial process. Without a judgment, lenders are merely unsecured creditors similar to credit card companies hoping to squeeze life from the insolvent.

Once a lender has decided to obtain a judicial foreclosure—a relative rarity in California so far—it enters a court process ultimately leading to a Trustee Sale and Deficiency Judgment. The non-judicial process is of most interest to us because it is a process we can follow, it is the most common, and it is a process hundreds of thousands of California borrowers are enduring.

Astute Observation by es
2010-02-22 01:59 PM

I was under the impression that California is a “non deficiency judgment state” meaning that banks cannot recourse.  What am I missing?

If CA truly has no recourse, then how does the modification described above affect that?  i.e., if 250K of your loan becomes some sort of interest bearing side project that you do not pay down, but comes due upon sale of the house, can the owner walk away at that point leaving the bank with no recourse?  All that seems to do is delay the inevitable, or at least string it out over a long period of time.  Staggering the times at which these “zero coupon bonds” or their interest bearing siblings comes due could be the ticket out of this mess… it may prop up prices to some extent but spreads inevitable foreclosures over time.

Astute Observation by Geotpf
2010-02-22 04:16 PM

Well, the bank would simply get the house in that situation, of course.  Non-recourse just means that the bank can’t sue you for the difference in the amount of money they get if they sell the house as a REO and what you owe on it.

Also, refis are recourse, and loan mods are considered refis.  Only the original first mortgage is non-recourse.  Any refis or seconds are recourse.

Astute Observation by Back Door Run
2010-02-22 11:30 AM

IMHO non-legal HO, Why the loan modifications are brillant for the lenders. 
1.  Modify the loan to use the “modified loan” as a secondary loan with compounding interest and large payment at selling or 30 years out.
2.  Primary loan is still intact.  Secondary loan is paying off primary loan, so principal on the first may be stable or going down.
3.  FC using primary loan (non-judical) and use secondary loan modification loan to go for unsecured debt (judical).
4.  Bankster get the best of both worlds.  If they can collect on the secondary, bill the cost to the FEDS or CDO them through a GSE.
Using primary loan for Trustee sale (non-judical) void the borrower’s 2 years chance to pay back or reclaim the house by paying off the judgement (rarely happens, but the deed in in semi-limbo for 2 years).  The borrower would/could be stuck with paying off the possible larger second (modified) note.

BHO pre-election talked about making the new loans unforgivable as with the student loans.  Anyway the unforgiven clause is entering though the back door of loan modification or foreign treaties?  Some state still have on the books that the adult children are responsible for their parent’s debts (usually no longer enforced, but could be with the right judges at least for the banksters).

Astute Observation by Soylent Green Is People
2010-02-22 11:35 AM

What was an ownership society is transforming into a homerentor society. The better plan would have been to cut and run, not extend and enslave.

Methinks the bank wants to put the $$$ on the back end so that they can claim -0- principal loss and “income” which is as phantom as the “income” Option ARM interest was. I’d hope some of the accountants who cruise the site to confirm or deny this theory.

My .02c

Soylent Green Is People

Astute Observation by newbie2008
2010-02-22 04:28 PM

Only more accounting tricks? 

Possible conversions of non-recourse to recourse loans, changing bank liability to GSE/FED liability (taxpayers stuck with the bill) and definately debt slavery. Back to calling them Master ....  The return of the old Roman economical and poltical sytems.

Even upon hearing soylent green is people, they continued to munch down on the soylent green.

Astute Observation by alles_klar
2010-02-22 06:24 PM

SGIP’s point about enslaving leads to one of the biggest downsides of the mods, IMO.  The U.S. has traditionally had a very mobile workforce.  This has been a great advantage because those most suited for particular jobs could easily move to take the job.

Now, the government is turning a large percentage of the population into home slaves that are unable to move if a better job pops up somewhere else.  This will result in the best people suited for certain jobs not being able to take those jobs.  I’ve already witnessed this many times at both my company and my wife’s company.  We have been hiring the 3rd and 4th best candidates - not because our top choices didn’t want the job - but because often times the top choices could not sell their homes to make the move work.

The bright side is that us renters have a huge advantage in the job market going forward.

Astute Observation by Stock Investor
2010-02-22 11:49 AM

“convert part of the mortgage to a zero coupon bond”

Government is the only potential buyer for these zero bonds (using taxpayers or freshly printed money). I can not see any alternative.

Astute Observation by Planet Reality
2010-02-22 11:55 AM

“Same as it ever was, same as it ever was, same as it ever was, same as it ever was.”

Astute Observation by Stock Investor
2010-02-22 03:17 PM

Then it is not a solution.

Astute Observation by Planet Reality
2010-02-22 04:32 PM

Solution?  They would first need to admit it’s a problem.

Astute Observation by newbie2008
2010-02-22 04:20 PM

Once you determine who should take the hit, the solutions are simple, but there will be consequences.

A.  If the investors take the hit, they may sue the issuing banks and GSE for defective products.  The primary investors (banksters) can collect (end investors will be out of luck as end consumers on retail products, e.g., infant formula).  The primary investors are other banksters.  Laywers to benefit.  Too bad for retail investors to suffer the loss.

B.  If the taxpayers take the hit, the govt. will need to package the bailout, modification, or whatever it’s called to confuse the public so there’s no revolt and delay the paying until it’s too late to change. Investment banksters to benefit.  Too bad for retail investors and tax payers to suffer the loss.  Most likely course of action.

C.  Banksters to take the hit (not likely).  Bankster likely to start an internal revolt for payment and war to force payment.  Military Industialist and banksters likely to benefit.  People to really suffer with war. Banksters own the Democrats and Republicans.

D.  Force banksters to pay and include prison.  Likely a fleeing to safe countries and war or embargo against countries that force the banksters to pay.  See C.

Not many good choices.  BHO’s hands are tied.  He just a mouth piece for the banksters.  Just don’t get caught converting a non-recouse loan to a recourse loan.

Astute Observation by Loans and Finance
2010-02-22 11:08 PM

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Astute Observation by ochomehunter
2010-02-22 11:20 PM

All I know is that this BS shadow inventory and lack of release on part of banks is killing Realtors and loan officers alike. Less inventory translates into less sales, which means less commissions for those involved.  In current market, only Listing agents with few realtors are able to make the sale and they are barely making anything.  THe whole system is corrupt including our Govt., Fed, you name it.  Regardless, putting a bandaid over dead corpse is not going to prevent it from stinking. Sooner or later it will cause plague. Watchout. Second economic dip is coming! Winter 2011

Unemployment in Construction Industry hit hign 30% and Union Benches are at well above 55% so go figure!

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