Monthly Archives: January 2010

Foreclosure 101: Non-Judicial Foreclosure

Today’s post on Non-Judicial Foreclosure is the second in a three part series on foreclosure. We will also look at a property in one Northwood neighborhood stubbornly refusing to fall in price.

Irvine Home Address … 176 GARDEN GATE Ln Irvine, CA 92620
Resale Home Price …… $669,000

{book1}

Space: the final frontier.
These are the voyages of the starship Enterprise.
Its five-year mission:
to explore strange new worlds,
to seek out new life and new civilizations;
to boldly go where no man has gone before.

Star Trek Intro — Gene Roddenberry

Today we embark on a five-minute exploration of Judicial and Non-Judicial foreclosure and the ramifications for different borrowers, and we will also go step-by-step through the non-judicial process.

Foreclosure 101: Vesting Title

Foreclosure 101: Non-Judicial Foreclosure

Foreclosure 101: Mechanics of a Trustee Sale

To start, I recommend Foreclosure Radar’s excellent series on foreclosure: Types of Foreclosure, Non-Judicial Foreclosure Process and California Foreclosure Laws.

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.

The step-by-step Non-Judicial Foreclosure process

The Non-Judicial Foreclosure process, established by the Legislature and encapsulated in the Trust Deed, begins when a lender records a Notice of Default. There are three events, (1) Notice of Default, (2) Notice of Trustee Sale, and (3) Trustee Sale, which cannot occur quicker than the prescribed timeframes; the speediest is one-hundred fifteen (115) days with one-hundred twenty (120) being typical — assuming no delays.

The law makes no time requirement on lenders after default before lender has option to record a Notice of Default. By custom lenders give borrowers ninety days, but they can give as many or as few as they like; lately, lenders like delay. The lender is never required to issue a Notice of Default, but unless the property is worth less than the loan balance — a common occurrence of late — the lender will issue a Notice of Default as quickly as possible to move the process along and regain their stranded capital.

After the Notice of Default is recorded, the borrower is granted a ninety-day redemption period to bring the loan current before the lender has option of Trustee Sale. Historically, this period was the only period in which the borrower was allowed to bring the loan current; the Notice of Trustee sale being a point of no return. This law was changed, and now the borrower has unrestricted right to reinstate the loan up until five days prior to a Trustee Sale.

Once a Notice of Trustee Sale is recorded, the Trustee must send notification via certified mail to all known borrower addresses of the scheduled sale, and the Trustee must publish Notice of Sale in a newspaper or other prescribed media (1) three times (2) one week apart. If the Trustee publishes the day after the Notice of Trustee Sale is recorded, and published again on the next two weeks, the entire process can be completed in about three weeks.

The Trustee Sale occurs at a public site determined by the Trustee, often at the County Courthouse, but sometimes in front of the Trustee’s office. Since these auctions are often held at the County Courthouse, many people incorrectly believe the Courts are involved in the process in some way; courts are not involved in the process here in California unless the lender specifically chooses to pursue a Judicial Foreclosure.

Black hole of payment default

In 2010, payment default is akin to crossing the event horizon of a black hole never to return. The singularity sucks in and spaghettifies every troubled borrower with the relentless tug of equity-squashing financial gravity. The black hole feeds continuously on the unemployed and overextended and cleanses the universe of toxic mortgages in its purifying crucible.

The first public problem
disclosure, our detection of loan particles passing the event horizon, is the TransUnion report on 60-day delinquencies, and this data is supplemented by the First American CoreLogic report of 90-day delinquencies (Irvine 90-day delinquencies.pdf). In the
aftermath of The Great Housing Bubble, lenders by choice to maintain
their capital ratios or by force through Government moratoria chose not
to issue Notices of Default: they chose to amend, extend and pretend. Impact of
these delays, besides the multi-month extension to the process, is
accumulation of vast Shadow Inventory.

Non-Judicial Foreclosure Timeline

(Load the image above into a new browser tab or print the diagram to follow the discussion.)

Visible inventory

Once a Notice of Default is issued, properties move from Shadow Inventory to Visible Inventory where they are tracked by Foreclosure Radar and other companies. At this point in the process, borrowers are usually at
least 3 payments behind, but they are given another 90 day period to
reinstate the loan through (1) bringing payments current, (2) selling the property
for a net greater than the loan balance (no shorts), or (3) negotiating a
loan modification. Since most borrowers are also underwater and since short
sales are very difficult and take months to get approved, few have option of a market sale, and loan
modification or foreclosure become the only available paths.

Loan modification recycling

Loan Modification programs have consistently proven to fail. The first of these programs floundered back in 2007, and now in 2010, they continue to writhe and flail. The entire fiasco resembles a rancid meat
grinder where toxic loans are ground and reground with the fetid
meat-debt stuffed in a paper
sarcophagus printed at the Federal Reserve (The FED program to buy GSE debt is printing money).

The loan modification recycling will continue for the foreseeable future as lenders prefer to defer; lenders, and US taxpayers insuring GSE debt, are praying for appreciation to save them. Lenders must wait a decade or more to be successful, and practicality suggests more properties will grind through the foreclosure process.

When loan modifications are completed, the lender issues a Notice of Rescission announcing the borrower has reinstated the loan. This resets all statutory timeframes, and if the borrower were to default again — something they do with great regularity — then the process starts all over.

Restarting the process removes a property from both Shadow Inventory and Visible Inventory, and although these properties are no longer measured in our statistics, most will ultimately go through the foreclosure process. Consider properties in the Loan Modification Recycling process as Shadow Shadow Inventory (or double-secret probation).

Lenders hope to recycle the toxic mess until values come back.

Trustee sale postponements

Besides the delays creating Shadow Inventory, Trustee Sales are postponed for a variety of other reasons — but mostly because the lender doesn’t want to either take a loss or buy the property. These postponements add weeks or months to the process, and there is no knowing if an auction will occur as scheduled. The frequent postponements make purchasing at Trustee Sales difficult for the few all-cash novices making the attempt.

Foreclosure Suffering Flow Chart

Another way to conceptualize the foreclosure process is to look at borrower circumstances and outcomes. Above we defined the timelines of events that occurs once borrowers enter the whirling vortex of mortgage debt, but we have not discussed the ramifications of this process on the borrower both short- and long- term.

I last covered this topic in The Financial Implications of Short-Sales and Foreclosures. That post referred to an attorney’s post on the subject: The California Foreclosure Rules or “So What Happens If I Let My California House Go Back To The Bank?”.

(Load the image above into a new browser tab or print the diagram to follow the discussion.)

Bad Credit is best result

All borrowers who default on their loans endure credit problems because credit scores are impacted by delinquencies; no defaulting borrower avoids this fate. Beyond that, the range of possibilities ranges from (1) complete freedom from further financial obligation to (2) complete liability for every penny of lost lender funds and legal judgments to obtain same. Obviously, most prefer the former to the latter, and unfortunately, many believe they can and have escaped the bills, but the system is not finished with them quite yet.

Many who become delinquent lose their homes and become renting-former-owners; they snobbishly will never identify with being a “renter.” Renting-former-owners believe they will own real estate again in a year, eighteen-months tops.

Not going to happen.

The GSEs and FHA have guidelines preventing them from loaning to anyone who discharged mortgage debt over a five-year lookback period, and few private lenders extend such loans. Many have suggested the large number of renting-former-owners are a pent-up-demand that lenders will gush over. Perhaps so, but the borrower pool has proven default, so why would a lender want that business? — except perhaps to obtain huge fees, charge usurious interest, and go back to subprime lending-as-usual. Do we want that again? Really?

Borrower options

The borrower has four major options when in delinquency: (1) make up missed payments, (2) sell in resale market, (3) enter into a loan modification agreement with the lender, or (4) do nothing and wait for the Trustee Sale.

The best outcome for everyone is for the borrower to make up the missing payments, and sometimes they borrow from Peter to pay Paul and cure the mortgage delinquency through other borrowing, but this outcome is rare because borrowers are in financial distress.

If the delinquent borrower attempts a sale, they are giving up their house, so this isn’t a pleasant outcome, but if they have equity, they can sell the property, pay off the loan, and obtain their cash equity to move on with life. If they do not have equity, they must wait for approval from the bank for a short payment on the sale of collateral (short sale) or acceptance of a deed-in-lieu legal abandonment. This has serious negative credit repercussions, and few borrowers bother to read the onerous terms of the short sale agreement where lenders often make the borrower personally guarantee the shortfall.

A common outcome lately has been a delay; loan modifications are the rolling loans gathering no loss, an attempt by both parties to avoid dealing with a problem that isn’t rolling away.

Lenders Captain the Titanic

No matter what option a borrower chooses, lenders push forward with the process leading to Trustee Sale. The Titanic is heading inexorably toward the iceberg with lenders at the helm, and it is up to borrowers to divert its course. If borrowers do nothing, a Trustee Sale is assured.

If a property goes to Trustee Sale and borrower loses legal title, they must vacate the property and the ramifications of their previous decisions become apparent; good or bad, they reap what they sow. If the borrower bought at the peak and borrowed too much, but they never refinanced or took any mortgage equity withdrawal money, they have a Purchase Money Mortgage, and they have no further financial responsibility to the lender or to the IRS. They endure the credit hit, but they are rewarded for their small modicum of restraint and prudence with debt forgiveness; this is the best possible outcome.

Recourse sucks for borrowers

If the borrower adds to or refinances a purchase money mortgage — even if the refinanced balance is the same size or smaller — they give up their recourse protections, and lenders gain several options borrowers find unappealing: (1) seek deficiency judgement, (2) become unsecured creditor, (3) charge off debt and issue borrower a 1099 creating a tax liability. There are no good outcomes for borrowers who lost their recourse protections.

In the best case scenario — remember these people already lost their homes and their credit is trashed — the borrower is reported to the IRS and ends up with a major tax liability because forgiveness of debt is considered income (that HELOC money was income after all). This point is critical: borrowers who have not received a 1099 have not had their debt discharged.

Many think that because lenders are not badgering them that somehow the lender forgot they are owed money. Lenders haven’t forgotten, they just haven’t put the systems in place to chase down payment on mountains of unsecured debt. Many bright attorneys are working to create this debt collection doomsday machine to slice people to rubble. Look for this to be a developing story over the next several years.

The worst possible outcome is reserved for those borrowers with assets. If lenders believe they can obtain more money than it will cost them to pursue the borrower, they will opt for a Judicial Foreclosure to obtain a Deficiency Judgment. I recently attended a meeting of the Turnaround Management Association, a group of turnaround specialists. Many of the assembled attorneys, investors and consultants derive their livelihood from pursuing borrowers who personally guaranteed defaulted debt. This group is going to be very busy.

California Legal Code Pertaining to Foreclosure

The links below lead directly to the State of California code where you can wade through the legalese for yourself.

Start of foreclosure process. Initial notice recorded after borrower fails to meet the terms of their loan.
CC 2924c.(a)(1)

Sets auction date. Can be recorded 3 months after Notice of Default
CC 2924 c. (b)(1)

Initial auction date can be just 14 days after Notice of Trustees Sale is recorded.
CC 2924 f. (b)(1)

Auctions can postpone for up to one year.
CC 2924 g. (c)(1)

Transfers
property to winning bidder. By default this will be the lender if no
bid higher than the lender’s opening bid is received.
CC 2924 h. (c)

The links provided by ForeclosureRadar.com are supplement to today’s post.

Ideal Home Brokers Trustee Sale Service

If you are interested in learning how you can become active in the Trustee Sale market, review Ideal Home Brokers Trustee Sale Service or contact us at sales@idealhomebrokers.com.

Irvine Home Address … 176 GARDEN GATE Ln Irvine, CA 92620

Resale Home Price … $669,000

Income Requirement ……. $141,375
Downpayment Needed … $133,800
20% Down Conventional

Home Purchase Price … $550,000
Home Purchase Date …. 6/9/2003

Net Gain (Loss) ………. $78,860
Percent Change ………. 21.6%
Annual Appreciation … 2.9%

Mortgage Interest Rate ………. 5.18%
Monthly Mortgage Payment … $2,932
Monthly Cash Outlays ………… $3,830
Monthly Cost of Ownership … $2,840

Property Details for 176 GARDEN GATE Ln Irvine, CA 92620

Beds 3
Baths 3 baths
Home Size 1,600 sq ft
($418 / sq ft)
Lot Size 3,264 sq ft
Year Built 1998
Days on Market 4
Listing Updated 1/13/2010
MLS Number S601543
Property Type Single Family, Residential
Community Northwood
Tract Glle

Gourmet Kitchen Award

Equity Seller has to move!Charming Plan D/3bdr Highly Ugraded Northwood Single Detached Home.3 Full Bdrms plus office,Main floor Bd&Bath.Beautiful Gourmet Kitchen with Maple Cabinets,,Formal Dining RM open to GREAT ROOM,Cathedral Ceilings,Firplace,Recess Lighting, Designer Paint,New Carpet,Plantation Shutters through out. Built In Media and Office.French Doors Open to Entertainers Backyard.Pre-wired for Security System,Full Size 2 Car Garage w/Built-in Cabinets..Walk to Blue Ribbon Award Winning Cayonview Elem & Northwood High School.

I like this neighborhood, and apparently so do many cash-heavy buyers. Prices on many homes here have held over $350/SF, and this owner thinks he can get over $400/SF. He might be right as someone will probably borrow $417,000 and put $252,000 down. Cash is king.

Foreclosure 101: Vesting Title

Today is the first in a three-day series on the foreclosure process. We will look at the legal aspects of home ownership and peek at a Northpark flip.

103 TERRA BELLA Irvine, CA 92602 kitchen

Irvine Home Address … 103 TERRA BELLA Irvine, CA 92602
Resale Home Price …… $449,000

{book1}

It’s mine it’s mine it’s mine
I can do whatever ever
I can do whatever ever

Give me lots of toys
So it don’t matter to me
This property belongs to me
And only me, let me break it down baby

It’s mine
I can give it if I want it
It’s mine
It don’t matter if they want it
I can give it to them
I can take it back (back)
It don’t matter ’cause I got it like that


It’s Mine
— Girlicious

Ownership is primal. The first two words children learn in any language are “no” and “mine.” People have an deep intuition of what is theirs and what is not. Emotionally, It’s Mine defines ownership; in the real world, it is not so black and white.

When people own real estate, what they really “own” is a bundle of property rights. What rights are the bundle, and how are these rights held? Today, I want to take a step back and review real estate law and outline property rights and vesting title. As I recently took the excellent Broker’s review course from Real Estate Trainers, much of the legalese comes from their study manual.

Foreclosure 101: Vesting Title

Foreclosure 101: Non-Judicial Foreclosure

Foreclosure 101: Mechanics of a Trustee Sale

Who or what is an Owner?

The Owner of Real Property can be (1) an individual owning in his or her own name; (2) a group owning together either as Community Property, Tenants in Common, or Joint Tenants; (3) an entity such as an LLC or a Corporation, (4) or a living trust.

Many people hold unshared title in their own name, and it is not limited to singles as many married owners in California are listed as either a man or a woman owning as “sole and separate property.” This distinction is important in a Community Property state like California where it is assumed that husband and wife act as a family unit with ownership apportioned equally between the two parties. In instances of inherited wealth, prenuptial agreements, or other business dealings, spouses often buy and sell property in their own name; however, these separations are tenuous in a marriage, and in hostile divorces, sole and separate can be anything but.

Tenants in Common is the most common form of multi-party ownership other than Community Property. Each Tenant in Common can dispose of their share of ownership as they see fit including passing it to descendants upon death. This stands in contrast to Joint Tenants where the death of one tenant causes their share of ownership to pass automatically to the other. Joint Tenancy is more common as a form of spousal ownership in states without Community Property laws.

Investors and others hoping to limit liability and remain somewhat anonymous often buy and sell real estate through special entities. These entities have the legal status of individuals capable of entering into contracts including owning real estate. There are advantages and disadvantages of using entities, and anyone considering doing so should consult an attorney and a tax advisor.

Another way people hold title is through a living trust. The trust itself holds title just as an individual or entity would, the main feature of living trusts, which make them a desirable method of holding real estate, is that property can transfer upon death directly to the heirs avoiding probate.

{book4}

What does an Owner Own?

An owner, to the exclusion of all others, has a bundle of rights: possess, use, sell, enter, give away, lease, encumber, dispose, exclude or, do nothing subject to governmental powers and claims of others, and the owner may dispose of the whole bundle or any one of these rights at any time. Ownership can be held in a number of ways known as Estates, of particular interest to us is the perpetual Freehold Estate; it has no termination date and no party to accept ownership after reversion as does the Less-Than-Freehold estate known as a lease.

Most homeowners possess a Freehold Estate known as a Fee Simple Estate or Fee Simple Absolute where the owner holds title without any qualifications. In my description of property rights above, I mention ownership is subject to claims of others, the most common being the mortgage encumbrance. Owners whose properties are encumbered by Trust Deed (similar to mortgage) also signed a Promissory Note with a lender stating they will pay back borrowed funds according with terms and conditions described in the Note. These owners still possess a Fee Simple Estate, but the mortgage lien is such an onerous encumbrance that an argument can be made that lenders are owners, and owners are money renters.

Trustee sale occurs because borrowers, for whatever reason, are not meeting their financial obligations. A process is set in motion when borrowers default leading often to a change in ownership either through (1) market sale, (2) short sale, (3) deed-in-lieu (legal abandonment) or (4) trustee sale.

Mortgage or Deed of Trust?

The legal system of Mortgages and Promissory Notes identifies the parties to the transaction and establishes rights and responsibilities. There are two basic systems from managing the complexities: Mortgage or Trust Deed. In California as in some other states, we have a Trust Deed system, but since it is the more complicated of the two, I will address the Mortgage system first.

The Mortgage system is simple; the borrower signs a Promissory Note and issues a Mortgage to the lender. The borrower is the Mortgagor, and the lender is the Mortgagee. The borrower still holds title, and if the lender desires to force foreclosure auction, they must petition in court as any other litigant would. I can only imagine the court system backlog in Florida where this system is in place. In reality, in the Mortgage system, all foreclosures become judicial foreclosures because they move through the judiciary, but the term Judicial Foreclosure has special meaning and entails obtaining a judgment against the borrower (a topic for tomorrow).

Courts are ill-equipped to handle several hundred thousand mortgage actions. What is ordinarily a rare occurrence courts can easily handle can become a crisis, and the Trust Deed system avoids the court backlogs.

In a Trust Deed system, a neutral third-party is involved similar to an escrow; in fact, the trust deed system functions just like an escrow lasting the term of the Promissory Note because legal title is actually held by the Trustee not by the Owner. The borrowers have a recorded interest in a property, and they possess all the rights of ownership subject to the Trust Deed encumbrance, but their interest is not unencumbered ownership, and it will not become true ownership until they pay off the Promissory Note; until the Note is paid off, legal title is held by a Trustee while Owners have Equitable Title with rights of possession and use.

The trustee is empowered to call a public auction without going to court — avoiding court being the main reason the system was developed. This gives lenders the option of forcing sale at minimal cost and minimal delay. The system is streamlined and capable of expanding and contracting to meet demand. Lately, the Trustee business has been a stellar growth industry.

A business transaction

First and foremost, the documents exchanged by borrowers and lenders are a business transaction as Henry Blodget recently informed borrowers:

“Specifically, when you borrowed money to buy your house, you engaged
in a business transaction. The bank or mortgage-lender evaluated the
risk of the transaction and concluded that it would was a risk worth
taking. To protect its money, the lender also required that you pledge
the house as collateral, and it required you to have some equity in the
house as an additional cushion. In the event that you didn’t pay, the
lender retained the right to seize the house, sell it, and pay itself
off before you got your equity. The lender loaned you the money because
it concluded that this was a smart business decision.

You, meanwhile, also made a business decision. You decided to
borrow money to buy your house even though it meant risking your
equity, home, and credit rating.

And now it turns out that both of you made a bad decision.

Fortunately, you don’t have to fight about what happens next.
The contract between you spells everything out: If you stop paying, the
lender gets the house. That’s it. Unless the contract specifically
differentiates between a failure to pay based on hardship (involuntary)
and a failure to pay based on a collapse in the value of the house
(voluntary), there’s no difference. If the lender thought at the
beginning that you had a “moral obligation to pay,” it would have
specified that in the contract.

Now, compare this to a situation in which you DO have a moral
obligation to pay: When you borrow money from a friend at no interest,
for example, and you promise that friend that you will give him or her
every penny back.
THAT is a moral obligation to pay. In this case, your friend did not
lend you money to make a profit. Your friend loaned you money to help
you out–with no collateral or contract other than your promise to pay.”

Many people persevere in business transactions throwing bad money after bad for vanity, entitlement or misplaced moral obligation.

The big bluff

Threat of calling a foreclosure auction is supposed to be a bluff. Neither the lender nor the borrower want an auction, but similar to Texas Hold-em, each party has cards to play, and where they are in the process and the relative strengths of their bargaining positions matter.

Ordinarily, threat of forcible eviction from the family home compels borrowers to do whatever is necessary to make payments, and the carrot (keep a home) and stick (threat of foreclosure) are enough to keep the system working. However, when people don’t have equity or when it is in their best interest financially to get out of a loan, lenders find the threat of forcible eviction less compelling; in fact, the more underwater a homeowner is, the less power lenders have. What possible threat can a lender hold over a money renter who is 30% underwater?

What property right does the 30% underwater homeowner particularly value that they don’t obtain as a renter?

https://www.irvinehousingblog.com/wp-content/uploads/images/uploads/2009102/Irvine%20Housing%20Blog%20No%20Kool%20Aid.jpg

The right to improve a lender’s property? Good luck getting a loan for that.

The right to lease out for less than the mortgage payment? Not a great deal for the owner.

The hope of appreciation years from now? Bring on the kool aid….

To be continued…

In tomorrow’s post, we explore judicial and non-judicial foreclosure and go step-by-step through the non-judicial foreclosure process. On Friday, we will go through the mechanics of a Trustee Sale auction and discuss the difficulties and opportunities this market offers.

Ideal Home Brokers Trustee Sale Service

If you are interested in learning how you can become active in the Trustee Sale market, review Ideal Home Brokers Trustee Sale Service or contact us at sales@idealhomebrokers.com.

103 TERRA BELLA Irvine, CA 92602 kitchen

Irvine Home Address … 103 TERRA BELLA Irvine, CA 92602

Resale Home Price … $449,000

Income Requirement ……. $95,848
Downpayment Needed … $89,800
20% Down Conventional

Home Purchase Price … $357,000
Home Purchase Date …. 12/24/2009

Net Gain (Loss) ………. $65,060
Percent Change ………. 25.8%
Annual Appreciation … 309.2%

Mortgage Interest Rate ………. 5.27%
Monthly Mortgage Payment … $1,988
Monthly Cash Outlays ………… $2,840
Monthly Cost of Ownership … $2,330

Property Details for 103 TERRA BELLA Irvine, CA 92602

Beds 2
Baths 2 full 1 part baths
Size 1,343 sq ft
($334 / sq ft)
Lot Size n/a
Year Built 1999
Days on Market 1
Listing Updated 1/7/2010
MLS Number P716608
Property Type Condominium, Residential
Community Northpark
Tract Othr

Private gated community of North Park with full time gate guard. Beautifully landscaped, well maintened community. New custom paint and new carpet and Travertine floor. 2 car side-by-side garage. Association offers pool, spa, parks, tennis courts, club house and more.

maintened?

This kind of transaction is common at Trustee Sales. The cash markets often see discounts of 15%-20%. I haven’t pulled comps, but I suspect this is priced to the high side of reasonable, and the seller will drop the price $25,000 to quickly close the deal. In and out in 30-60 days with a $40,000 profit (10%) makes for a nice annual rate of return — if you could repeat flips over and over.

If you are a family with cash looking to buy at a discount, the Trustee Sale market is where you should be house shopping.

{book2}

The video below is a children’s lesson on how long-term property disputes slow economic development and give rise to eminent domain legislation. There is probably also a lesson about a stubborn refusal of buyers and sellers to move the little bit necessary to please both parties.

Beacon Economics 2010 Orange County Forecast

Christopher Thornberg, principal of Beacon Economics, delivered the Beacon Economics 2010 Orange County Forecast. I attended, and I report to you today.

6002 SIERRA SIENA Rd Irvine, CA 92603 kitchen

Irvine Home Address … 6002 SIERRA SIENA Rd Irvine, CA 92603
Resale Home Price …… $899,900

{book1}

Burning beacon in the night
Can’t feel its heat, or see its light
That single solitary guide,
it must get lonely there sometimes

The Beacon — A Fine Frenzy

It was lonely being right about the Housing Bubble. Surrounded by a world gone mad, solitary voices of reason like Christopher Thornberg, principal of Beacon Economics and formerly with UCLA Anderson Forecast, were ridiculed. He watched as his opinions were disdainfully set aside as the ravings of one of those “bears.”

I recently attended Beacon Economics 2010 Orange County Forecast hosted by the Building Industry Association. Christopher Thornberg gave the keynote address, and he was fantastic. When you compare his presentation with the awful UCLA Anderson Forecast Orange County, you fully appreciate what UCLA lost when he moved on.

The PowerPoint of his presentation is BIASDDec09.pdf

One slide that caught my attention was the one below that shows the inflation adjusted house price change since 1997, the last bottom. I covered this issue in the post called 1997 where I demonstrated that house prices are still well above where they should be if market conditions that existed in 1997 are extrapolated to today. Chris Thornberg’s chart matches my observation — Orange County is still vastly overpriced by historic standards, and so is most of California.

Another slide that caught my eye is the delinquency and foreclosure chart. See those two little bumps on the left side? Those where the catastrophic market-crushing foreclosure crises of the 80s and 90s — our current mess is four-times as bad, and we have not hit anything that looks like an identifiable peak. Yikes!

Beacon Economics is predicting a “W” shaped recession as shown on the slide below. Basically, if you were to take the 3 huge downspikes and imagine a big “U” that ties back in to the 3rd quarter of 2011, you see what would have happened if the Government would have done nothing. All GDP growth between now and 3rd quarter 2011 is a direct result of Government intervention. Like a surfer riding out a wave, our economy and our housing market is trying to drift to shore where we can step off in the surf without going underwater. Do you think the Government’s efforts will be successful? Homeowners sure hope so.

The big questions he raises generally pertain to Government policy. In the oral presentation, Mr. Thornberg lamented the difficulty of predicting where the economy is going when it isn’t economics he is trying to forecast, it is Government policy. As was discussed in Who Will Fix the System? our housing market is more dependent upon decisions in Washington than any other factor.

Notice from the summary that Christopher Thornberg is not calling a bottom in housing; in fact, since he is calling for a double-dip, he isn’t calling the bottom of the recession either.

On the subject of financial regulation, Christopher Thornberg was adamant that the problem is one of incentives; investment bankers and other Wall Street players pocket copious cash on manipulated market moves. As long as the system rewards volatility and malinvestment, we will have booms and busts where the winnings are privatized and the losses collectivised.

One thing he said that caught me by surprise was his characterization of Ron Paul as either a lunatic or a moron. Ouch! I know where he is coming from, Ron Paul’s ideas are loopy; shutting down the FED, eliminating the IRS, and so on; however, Ron Paul’s loopy ideas now making sense (and perhaps they never were loopy to begin with).

I don’t envy Christopher Thornberg’s task; he is making a living telling people what they don’t want to hear. It must be costing him money. He would certainly be more popular if he shilled like the UCLA Anderson Forecast Orange County, but his personal ethics get in the way.

I admire that….

6002 SIERRA SIENA Rd Irvine, CA 92603 kitchen

Irvine Home Address … 6002 SIERRA SIENA Rd Irvine, CA 92603

Resale Home Price … $899,900

Income Requirement ……. $190,170
Downpayment Needed … $179,980
20% Down Conventional

Home Purchase Price … $380,000
Home Purchase Date …. 11/26/1996

Net Gain (Loss) ………. $465,906
Percent Change ………. 136.8%
Annual Appreciation … 6.4%

Mortgage Interest Rate ………. 5.18%
Monthly Mortgage Payment … $3,944
Monthly Cash Outlays ………… $4,920
Monthly Cost of Ownership … $3,590

Property Details for 6002 SIERRA SIENA Rd Irvine, CA 92603

Beds 4
Baths 1 full 2 part baths
Home Size 2,516 sq ft
($358 / sq ft)
Lot Size 6,783 sq ft
Year Built 1971
Days on Market 1
Listing Updated 1/14/2010
MLS Number P717571
Property Type Single Family, Residential
Community Turtle Rock
Tract Bm

Turtle Rock Broadmoor Model G. Secruity gate & double door entry; 3-car garage. Fresh 2-toned painting, scraped ceilings. New floorings-upgraded carpet and laminated wood. New vertical blinds. Above-ground spa w/new cover. Downstairs master BR w/remodeled master bath. New grainte kitchen countertops, stainless stell sink w/GE range & dishwasher. Bonus/game room has a pool table and antique light fixture. Brand new water heater w/earthquake straps in garage. Overlooking community park and pool. Many upgrades unmentioned. Priced below market value for quick sale, please hurry!!

Secruity? grainte?

Many upgrades unmentioned. If they are worth mentioning, shouldn’t you mention them? It isn’t like people are worried that you might run over on your description word quota.

This is the first really desirable property I have seen where I did not recoil with revulsion at the price. Does that make it reasonable? Based on my calculations, this property would cost about $3,600 per month to own. I imagine it would rent for that much (I didn’t pull comps), and I can see where someone at an income level to afford $3,600 a month might want to own a property like this long term. This is a debtor’s prison I might be willing to sign up for… if I could afford it. There are worse places to spend the next decade.

This seller is going to really annoy the neighbor at 6232 SIERRA SIENA Rd Irvine, CA 92603 who I profiled in Doubling Time by offering this comparable property for $370,000 less. Perhaps it will be a dose of reality, but most likely it will prompt further denial.


A Theory of House Prices and Housing Markets

Why are house prices what they are, and where are house prices going? Today’s posts answers those questions by providing a conceptual understanding of house prices and housing markets.

508 ORANGE BLOSSOM Irvine, CA 92618 kitchen

Irvine Home Address … 508 ORANGE BLOSSOM Irvine, CA 92618
Resale Home Price …… $135,000

{book1}

Ho, ho, ho
It’s magic, you know
Never believe it’s not so
It’s magic, you know
Never believe, it’s not so

Magic — Pilot

Californian’s believe house prices go up by magic. Real estate appreciation is religion in California as people blindly accept the Truth of never-ending price increases. Few question current prices or wonder why current prices go up as most fool themselves with wishful thinking, cockeyed optimism, and kool aid intoxication. Most people do not understand real estate prices — they think they do — every Californian is an expert on real estate, after all, we have about half a million realtors, but few people really understand markets. Motivated by greed, blinded by ignorance and enabled by lenders, borrowers inflated The Great Housing Bubble.

{book4}

A foundational understanding of house prices and housing markets is critical. From 2003 onward, with exception of those who purchased houses with conservative financing, which was rare, most buyers bought in ignorance. Some were undeniably stupid and irresponsible, but most were simply ignorant going with the herd believing everyone couldn’t be wrong. Well, they were wrong, and the errors they made are easily identifiable and correctable with a better conceptual understanding of house prices and housing markets.

My understanding of housing markets permeates my posts, but the foundational work upon which I base my posts comes from my education and experience — something unique to me and heretofore undocumented; consequently, this post lays down foundational concepts of house prices and housing markets for future reference.

Three primary variables determine house prices

House prices are set by supply and demand in the market, but demand is arguably more important because house prices cannot rise higher than buyers’ abilities to pay. Therefore, this discussion will focus first on demand, then on how supply impacts prices set by market demand.

The three variables directly responsible for determining house prices are (1) savings, (2) interest rates and (3) allowable debt-to-income ratios. A buyer’s ability to bid for real estate is limited by their savings (and their willingness to put savings toward housing) and their borrowing. Amounts borrowed depend on interest rates and underwriting standards. Of the various loan underwriting standards, the most important is the allowable debt-to-income ratio because it is the direct link between income and the loan amount.

Notice that borrower income did not make the list, at least not directly, because borrower income is only important to the degree it is applied toward making debt service payments. The allowable monthly payment when amortized over 30 years at current interest rates yields the borrower loan balance. The current price-to-income ratio distortion is caused by the combination of very low interest rates and very high allowable DTIs. As I noted in, House Prices Will Decline in 2010, prices can fall even when interest rates are low if lenders simultaneously reduce allowable DTIs. In fact, the credit crunch which began in August of 2007 is crushing the housing market due primarily to declining allowable DTIs. The credit crunch is not over, and IMO, aggregate DTIs have not bottomed for this cycle.

Irvine debt-to-income ratios 1975-2009

Borrower income is important because it serves as a measurable base for market demand. Aggregate incomes rise with economic growth and inflation, and since income plugs in to the house price equation through the allowable debt-to-income ratio, house prices rise in concert with local incomes. Over the long term house price appreciation and income growth must move together; trees cannot grow to the sky.

A Buyer’s budget

Each prospective buyer investigates current financing terms as part of their process. Lenders apply current underwriting standards and determine the loan balance they will approve and downpayment required before they will fund. Since loan plus downpayment equals maximum bid amount, prospective buyers house-shop with the budget established for them by their lender. As is human nature, most people spend their full budget.

Every buyer goes through this basic process, and since financed purchases dominate the resale market, price levels of individual properties become tethered to the incomes of individuals who desire that property. For instance, today’s featured property is at the bottom of Irvine’s property ladder. If high wage earners suddenly became enamoured with living in condos like this, prices would rise substantially. The substitution effect to similar resale and rental properties keeps income, price and quality in balance.

number of households by income range Irvine

Link to Census data table for Irvine

Irvine has a large number of high wage earners, and its income distribution is not as “downward tilting” as other cities. As a result, wage earners at the mid to high end tend to settle for less in Irvine than they could obtain in other markets because the product in Irvine is not McMansion dominated. The opposite exists in cities like Palmdale where a sea of McMansions trickles down to the maids and field hands at the bottom of the income distribution.

High wage earners can both borrow more and save more of their disposable income. Also, high wage earners are generally long-time wage earners who probably already own a home, so in addition to their formidable saving power, many high wage earners also transfer stored equity from one property to the next, assuming they did not spend it.

A distribution of prices based on income

If you take the income distribution for Irvine, apply conservative underwriting standards of four-times income, a reasonable downpayment and an allowance for stored equity, the resulting distribution of housing prices looks like the chart below.

Loan equity savings and house prices

So why doesn’t our market look like that? Well, to a large degree, it does, although low interest rates and residual bubble inflation has increased the above numbers to an unsustainable level. In addition, the current market is mismatched between the number of people capable of supporting house prices and the number of houses for sale at various price points.

For instance, according to the data, about 22,000 of our 69,000 households can support prices over $750,000. That is 32% of the market. When more than half of Irvine properties have comparable values sustainable by less than a third of the population, something has to give. If you look at what is for sale, over 40% of listings are over $750,000, and as we
know, much of this market is tied up in Shadow Inventory.

As inventory is released at the mid- to high- end, prices of individual properties will decline, but the median will not. People will still spend the same amount on housing, but they will get more for their money. That plus the changing mix from low to high will make the median less reliable. Just as the median has overstated the decline to date in most markets, it will show strength later where only weakness exists. If mortgage interest rates do not rise, the story of 2010 may be a rising median with continually falling prices on individual houses.

Demand, supply and football

Demand is measured by a borrower’s ability to put money toward real estate, and contrary to popular belief, desire is not demand. Excess supply lowers base market prices established by demand. To better illustrate this concept, consider the following football analogy:

Sellers (supply) are blitzing linebackers and buyers are offensive linemen. If more linebackers blitz than offensive linemen block, then the offense gets thrown for a loss. If more sellers want to sell than buyers want buy, then prices decline; buyers have to be enticed from the sidelines. However, if enough offensive linemen pick up the blitzing linebackers and push the scrum forward, the offense advances the ball. If buyer demand exceeds seller offerings, prices go up as sellers have to be enticed from the sidelines.

In football, the offense generally advances the ball just as buyers generally advance prices with their rising incomes. However, in football, each team is limited in the number of players. In housing markets, no limit exists which can create enormous supply and demand imbalances. When subprime lending took off, we sent hundreds of offensive linemen on the field, and they pushed prices across the goal line. Now, we have a much smaller and leaner offensive unit facing a defense composed of the zombie debt holders who previously were celebrating in the end zone.

Lenders are ordering linebackers not to blitz to prevent further losses, but the number of linebackers building on the defensive side of the ball ensures the offense will not be advancing the appreciation ball very far (imagine being the running back buried in the picture). Such is the nature of overhead supply — banks may hold on to properties to prevent a loss, but they will sell swiftly if they can get out at breakeven, and realistically, being an unruly group of zombies — cartels are inherently unstable — a few linebackers are going to blitz anyway.

BTW, I am still mourning the Packer’s loss in the playoffs….

It starts at the bottom

The entry level buyer utilizing only their savings plus a loan is the foundation of the housing market. If you follow the chain of move ups backward, it eventually leads to the entry level buyer, and as a result, nobody in the real estate market gains move-up equity until the entry level buyer does. If owners of entry level properties do not gain equity over time due to price declines or stagnation, they do not have the equity necessary to move up, and neither will any other seller in the move-up equity chain.

I want to be careful here because the equity move-up market does not function like most people think it does; buying a home is not the first stop on the equity train leading straight to a Laguna Beach mansion. Each step up also requires an increase in income to support a larger mortgage. With each step homeowners transport their equity — at least those who did not spend it through HELOC abuse — and bid up prices on the next property rung. Over time this produces significant stored equity in neighborhoods most desired.

During the rally of the Great Housing Bubble, subprime financing doubled or tripled the borrowing power of the entry level buyers. Rich Toscano pointed out (sorry, I can’t find the link) housing prices in San Diego rose $250,000 across all property classes in 2004. If you add $250,000 to the average loan balance of your move up buyer, the owner selling that entry level property just received a $250,000 windfall they can use to bid up prices at the next level. This reverberates through the entire system and inflates housing bubbles.

Hard Landing Las Vegas

Move-ups must come down

If you examine the three main sources of buyer funding; loan, savings and equity; all three have been under pressure since 2007, and this trend will continue.

Loan balances have been getting smaller because lenders had to go back to rational underwriting standards. Incomes only supported about 50% of the average loan balance in 2006, and the greatest single cause of lower house prices, by far, has been smaller borrower loan balances. The Federal Reserve temporarily helped by lowering interest rates, but mortgage interest rates will almost certainly rise making future loan balances even smaller.

Personal savings rates went negative during the bubble, and much of the reason for our current economic contraction is that people stopped spending and started saving again. With the long term erosion in savings rates experienced during the bubble, fewer borrowers have sufficient savings to buy a home, and those that do have savings have less of it. The result is smaller downpayments — at least outside of Irvine.

Equity has been declining because during the bubble, everyone spent it, and after the bubble, everyone lost it. I have documented on numerous occasions the perils of mortgage equity withdrawal and HELOC abuse. Equity has been crushed by falling prices since 2006 with exception the delusional high end where move ups terminate. The foundation of the housing market is crumbling from below, and only the lack of transaction volume sustains high-end bubble equity. With equity disappearing at the bottom of the market, the high end has nobody to sell to but each other. There is a limit to how many properties even Nicolas Cage can own.

What is required for a healthy real estate market?

The low end of the market is resetting. Based on payment affordability, it is inexpensive to own a low-end Irvine condo like today’s featured property. Prices may go down further as interest rates rise, but payment affordability on these low-end condos is at a bottom. That is a good thing because until these condos find a pricing bottom, the housing market is doomed. There is no chain of moves ups when there is no equity.

Before there will be a sustainable market recovery, we need (1) entry-level units like these to find a pricing bottom, (2) unemployment to go down, (3) wages to go up, and (4) people to start saving. We may be finding a bottom at the low end (I still have doubts), and savings rates are improving, but the savings baseline is zero, unemployment is still rising, and wages are still stagnant. We do not have the building blocks of a sustained housing market price recovery. When the stars and the moon align, loan balances expand, downpayments enlarge, and move-up equity accumulates; those are the three essential elements of an appreciating market.

Once we return to sanity after a few more years of decline and clean up, lenders will be responsible (which worries me) to ensure the growth of loan balances never again exceeds our collective ability to pay. Everyone enjoys the ride up, but once we cross the threshold of insolvency, the market collapse is truly devastating. Let’s not do it again.

508 ORANGE BLOSSOM Irvine, CA 92618 kitchen

Irvine Home Address … 508 ORANGE BLOSSOM Irvine, CA 92618

Resale Home Price … $135,000

Income Requirement ……. $28,529
Downpayment Needed … $4,725
3.5% Down FHA Financing

Home Purchase Price … $92,500
Home Purchase Date …. 6/28/1991

Net Gain (Loss) ………. $34,400
Percent Change ………. 45.9%
Annual Appreciation … 2.0%

Mortgage Interest Rate ………. 5.18%
Monthly Mortgage Payment … $714
Monthly Cash Outlays ………… $1,150
Monthly Cost of Ownership … $950

Property Details for 508 ORANGE BLOSSOM Irvine, CA 92618

Beds 1
Baths 1 bath
Home Size 512 sq ft
($264 / sq ft)
Lot Size n/a
Year Built 1977
Days on Market 5
Listing Updated 1/14/2010
MLS Number P717447
Property Type Condominium, Residential
Community Orangetree
Tract Cm

According to the listing agent, this listing may be a pre-foreclosure or short sale.

LOWER UNIT. Great, cozy one-bedroom condo with its own deck off LR slider to lovely stream w/bubbling water, rocks, plants, view of little bridge over stream. Eating area-counter in kitchen, master bedroom suite with dressing area, separate commode and shower over tub, walk-in closet. Own covered parking space, plenty of guest parting space–easy for your guests to find your home! REAL ONE-BEDROOM-NOT A STUDIO. HAS OWN INSIDE WASHER & DRYER. Lake Condos have two community pools, spa, gym, basketball court, tennis court, playground and clubhouse. There is a golf course across Irvine Center Drive. Excellent location next door to Irvine Valley College, UCI down the road (think bike to school). Near 5 and 405 Freeways, Irvine Spectrum Entertainment Center, Business District, Shopping. Located in Building #23. GREAT INVESTMENT OPPORTUNITY. BEST BUY/LEAST EXPENSIVE 1-bedroom CONDO in all of Irvine-the safest city in the USA!

There is a golf course across Irvine Center Drive. This is true, but I doubt anyone living on less than $1,000 a month housing costs is playing much $100+ per round golf on a world-class Tom Fazio golf course… unless you live to golf perhaps.

Personally, I like when the agents upload the floorplan. I wish more listings did this.

Notice the less-than-stellar 2% annual appreciation since 1990. If it were for a drop in interest rates from 10% to 5%, this property would be priced below its 1990 purchase price (1990 was the peak of the last bubble). Twenty years, and the only appreciation on this property is due to a change in financing terms.

Look at the financing requirements for this home: Income Requirement $28,529, Downpayment Needed $4,725, 3.5% Down FHA Financing. If that isn’t affordable, I don’t know what is. Of course, people making $30,000 a year may not have $5,000 saved up for a downpayment, but that is the reward prudent renters are supposed to receive — less competition when bidding on property.

Conservative House Financing – Part 2

What they are saying about The Great Housing Bubble

“The author does an excellent job in showing how various commercial
and investment banks sought to create a speculative market for home
loans by the process of securitization. The main tool was
collateralized debt obligations (CDO’S).The idea is purely speculative
since real estate is a nonliquid durable asset. The bundling and
selling of trillions of dollars worth of the subprime backed bonds that
were not only highly risky, but of uncertain value, created the bubble
that deflated just as every other banker financed, speculative bubble
has deflated in world history.

The author does a good job in demonstrating that low interest rates
were not the cause of the problem. The main cause of the problem was
the loan practices of various financial institutions that threw
overboard their own clearly specified creditworthiness criteria and
standards for borrowers seeking loans.”

Michael Emmett BradyPhD Economics

Stated Income Loans

One unique phenomenon of the Great Housing Bubble was the
utilization of stated-income loans, also known as “liar loans” because
most people were not truthful when stating their income. Loan
documentation is usually a routine part of obtaining financing. Lenders
ordinarily require a borrower to provide documentation proving income,
assets and debt. However, during the final stages of the Great Housing
Bubble, loan documentation was seen as an unnecessary barrier to
completing more transactions, and loan programs which circumvented
normal documentation procedures flourished. The fact that these
programs existed at all is remarkable proof of the risk lenders were
taking through the relaxing or outright elimination of lending
standards. Eighty-one percent of Alt-A purchase originations in 2006
were stated-income, and 50% of subprime originations in 2005 and 2006
were stated income (Credit Suisse, 2007).
Stated income loans increased from 18% of originations in 2001 to 49%
in 2006 according to Loan Performance. In a related study by the
Mortgage Asset Research Institute, 60% of stated-income borrowers had
exaggerated their incomes by more than 50%.[1],[ii] Obviously, lying about one’s income to obtain a loan is not a conservative method of financing a property purchase.

The stated-income loan was originally provided to borrowers such as
the self-employed who most often do not have W-2s to verify income.
When these loan programs were first started, they were not made
available to borrowers with W-2s as the transparency of the lie would
have been obvious to all parties. During the bubble rally, this loan
was made available to anyone, and lying was not only encouraged,
borrowers were often assisted in fabricating paperwork by aggressive
loan officers and mortgage brokers. [iii] Since the loan could be
packaged and sold to investors who had no idea what they were buying,
there was a complete lack of concern for whether or not the borrower
actually made the money stated in the loan application and thereby
could actually make the payments on the loan. Everyone involved was
raking in large fees, the borrower was obtaining the real estate they
desired, and for a time, the investor was receiving payments from the
borrower. [iv] As long as prices were rising, everyone benefited from
the arrangement. Of course, once prices started to fall, borrowers did
not want to continue making payments they could not afford, and the
whole system collapsed in a massive credit crunch.

Figure 5: National Home Ownership Rate, 1984-2005

Downpayments

The risk management measure not related to the mortgage terms is the
downpayment. Most people do not think of downpayments as a way of
managing risk, but lenders do. Downpayments reduce risk in two ways:
first, they lower the monthly payment, and second, they provide a
cushion ensuring the borrower can refinance (if necessary) should the
house value decline. The problem with downpayments is obvious: few
people save enough money to have one.

Eliminating downpayments through the use of 80/20 combo loans was
another massive stimulus to the housing market. Subprime loan
originations in 2006 had an average loan-to-value ratio of 94%. That is
an average downpayment of just 6%. Also, 46% of home purchases in 2006
had combined loan-to-value ratios of 95% or higher (Credit Suisse, 2007).
Lenders used to require downpayments because they demonstrated the
borrower’s ability to save. At one time, having the financial
discipline to be able to save for a downpayment was considered a
reliable indicator as to a borrower’s ability to make timely mortgage
payments. Once downpayments became optional, a whole group of potential
buyers who used to be excluded from the market suddenly had access to
money to buy homes. Home ownership rates increased about 5% nationally
due in part to the elimination of the downpayment barrier and the
expansion of subprime lending.

Equity Components

In simple accounting terms, equity is the difference between how
much something is worth and how much money is owed on it (Equity =
Assets–Liabilities). [v] People who purchase real estate use the phrase
“building equity” to describe the overall increase in equity over time.
However, it is important to look at the factors which either create or
destroy equity to see how market conditions and financing terms impact
this all-important feature of real estate.

Figure 6: Types of Equity

For purposes of illustration, equity can be broken down into several
component parts: Initial Equity, Financing Equity, Inflation Equity,
and Speculative Equity. Initial Equity is the amount of money a
purchaser puts down to acquire the property. Financing Equity is the
gain or loss of total equity based on the decrease or increase in loan
balance over time. Inflation Equity is the increase in resale value due
to the effect of inflation. This kind of appreciation is the “inflation
hedge” that provides the primary financial benefit to home ownership.
Finally, there is Speculative Equity. This is the fluctuation in equity
caused by speculative activities in a real estate market. This can
cause wild swings in equity both up and down. If life’s circumstances
or careful analysis and timing cause a sale at the peak of a
speculative mania, the windfall can be dramatic. Of course, it can go
the other way as well. If a house is purchased at its fundamental
valuation where the cost of ownership is equal to the cost of rental
using a conventionally amortized mortgage with a downpayment, the
amount of owner’s equity is the combination of the above factors.

Initial Equity

The initial equity is equal to a purchaser’s downpayment. If a buyer
pays cash for a home, all equity is initial equity. Since most home
purchases are financed, this initial equity is usually a small
percentage of the purchase price, generally 20%. A downpayment is the
borrower’s money acquired through careful financial planning and
saving, gifts from family members, or from the profits gained at the
sale of a previous home. Downpayment money is not “free.” This money
generally is accumulated in a savings account, or if a buyer chooses to
rent instead, downpayment money could be put in a high-yield savings
account or other investments. There is an opportunity cost to taking
this money out of another investment and putting it into a house. This
cost and its impact on home ownership costs are detailed in later
sections.

Financing Equity

Financing equity is determined by the terms of the loan. With a
conventionally amortizing mortgage, a portion of the payment each month
goes toward paying down the loan balance. As this loan balance
decreases, the owner’s equity increases. This is a substantial
long-term benefit of home ownership. With an interest-only mortgage,
the loan balance does not decrease because only the interest is paid
with each payment. With this kind of loan, there is no financing
equity. One of the major drawbacks of using an interest-only loan does
not become apparent until the house is sold and the seller wants to
take the equity to the next home in a move-up. Since no financing
equity has accumulated, the seller obtains less equity in the
transaction. This means the move-up buyer will be able to afford less.
Over the short-term, financing equity is not significant because the
loan balance is not paid down by a large amount, but if the house has
been held for 10 years or more, or if the loan was amortized over a
shorter term, the financing equity can be a large amount. This can make
a real difference when the total equity amount is to be put toward a
larger, more expensive home. Also, financing equity is a great
reservoir for retirement savings. In fact, it is the primary mechanism
for retirement savings of most Americans outside of social security.
[vi]

The worst possible loan is the negative amortization loan because of
its impact on equity. As noted in the figure on the next page, if a
negative amortization loan is utilized, it will consume all equity in
its path. It is a form of cash-out financing that reduces equity. This
loan relies on inflation and speculative equity to have any equity at
all. The negative amortization loan will only begin to build financing
equity after the loan recasts and becomes a fully-amortized loan and
the payments skyrocket–assuming the borrower does not default. Most
people cannot afford the fully-amortized payment, or they probably
would not have used this form of financing initially. Even after the
recast and the dramatic increase in payments, the loan does not get
back to the original balance for many years.

Figure 7: Negative Amortization Loan Equity Curve

Inflation Equity

House prices historically have outpaced inflation by 0.7%
nationally. [vii] In a normal market, this is the only
appreciation homeowners obtain. This appreciation is caused by wage
inflation translating into higher housing payments and the ability of
borrowers to obtain larger loan amounts to bid up prices. In areas like
Irvine, California, where wage growth has outpaced the general rate of
inflation, the fundamental valuation of houses has increased faster
than inflation. The related benefit to home ownership obtained through
utilizing a fixed-rate, conventionally-amortizing mortgage is mortgage
payments are frozen and the cost of housing does not increase with
inflation. Renters must contend with ever-increasing rents while
homeowners with the proper financing do not face escalating housing
costs. Over the short term this is not significant, but over the long
term, the monthly savings accruing to owners can be very sizable, and
if the owner owns long enough or downsizes later in life, housing costs
can be nearly eliminated when a mortgage is paid off (except for taxes,
insurance and upkeep). Although this benefit is attractive, it is not
worth paying much of a premium to obtain. The long-term benefit is
quickly negated if there is a short-term additional cost associated
with obtaining it. For instance, if a property can be rented for a
certain amount today, and this amount will increase by 3% over 30
years, the total cost of ownership–even when fixed–cannot exceed this
figure by more than 10% to break even over 30 years. The shorter the
holding time, the less this premium is worth. In short, capturing the
benefit of inflation equity requires a long holding period and a
minimal ownership premium.

Speculative Equity

Speculative Equity is purely a function of irrational exuberance.
[viii] It has become a common element in certain markets, and capturing
it is the dream of every would-be speculator who buys residential real
estate. It is a loser’s game, but it does not stop people from chasing
after it. Will the markets bubble again? Who knows? Human nature being
what it is, the delusive beliefs of irrational exuberance may take root
and the cycle may continue. In the aftermath of the Great Housing
Bubble legislators may pass laws from preventing it from happening
again. Of course, such laws require enforcement, and when greed takes
hold, enforcement may simply not occur. For those that purchased at the
peak of the bubble, they need another bubble or they may not get back
to breakeven in the next 20 to 30 years. [ix] If however, there is
another bubble, those who purchased at rental equivalent value after
the crash will have an opportunity to reap a huge windfall at the
expense of those who purchase at inflated prices in the future. As PT
Barnum is credited with saying, “There is a sucker born every minute.”
[x]

The speculators who purchased at the peak of the Great Housing
Bubble who put no money down (no Initial Equity) and utilized negative
amortization loans–and there were a great many of these people–will
have a painful future. The loan balance will be increasing at a time
when resale home prices are falling. They will be so far underwater;
they will need scuba equipment to survive. Plus, during the worst of
their nightmare, their loan will recast, and they will be asked to make
a huge payment on a property worth roughly half their loan balance.
What default rates will these loans see? Realistically, they will all
default. The only reason they purchased was to capture speculative
profits which did not materialize. Even if some of these people hold
on, and there is another speculative bubble similar to the last one, it
will take 10 years or more for them to get back to breakeven, not
including their carry costs. If there is no ensuing bubble, it will be
20 years. If you factor in their holding costs, they may never get back
to breakeven.

Equity is made up of several component parts: Initial Equity,
Financing Equity, Inflation Equity, and Speculative Equity. Each of
these components has different characteristics and different forces
that govern how they rise and fall. It is important to understand these
components to make wise decisions on when to buy, how much to buy, and
how to finance it. Failing to understand the dynamics involved can lead
to an equity graph like the one for the peak buyer who purchased at the
wrong time and utilized the wrong terms. Nobody wants to suffer that
fate.

Figure 8: Peak Buyer, No Downpayment, Negative Amortization Loan



[1] This data comes from the Credit Suisse Report (Credit Suisse, 2007). The source of their data was Loan Performance.

[ii] This data comes from the Credit Suisse Report (Credit Suisse, 2007). The source of their data was Mortgage Asset Research Institute.

[iii] Anecdotal evidence indicates the practice of fabricating loan
application income was common. There were a few high-profile arrests,
as is always the case with this kind of phenomenon. As of the early
2008, no definitive studies have been undertaken to assess how
widespread was the practice of intentionally fabricating loan
application data by mortgage brokers.

[iv] Payments to investors from collateralized debt obligations were
actually made by the servicer. If the borrower failed to make payments,
the servicer would make them to the investor. When the loan was
discharged through sale, the servicer would then recoup the money, plus
interest, on any payments made on behalf of the borrower.

[v] (Libby, Libby, & Short, 2004)

[vi] Numerous reports have been compiled on the savings adequacy of
Americans. In the report Lifetime Earnings, Social Security Benefits,
and the Adequacy of Retirement Wealth Accumulation by Eric M. Engen,
William G. Gale, Cori E. Uccello (Engen, Gale, & Uccello, 2004), the authors detail the savings patters on various generations preparing for retirement.

[vii] Robert Shiller constructed a graph of housing prices from 1890-2005 for the book Irrational Exuberance (Shiller, Irrational Exuberance, 2005).
The rate of appreciation during this 115 year time period is 0.7% over
the rate of inflation. The data from the US Census Bureau shows a 2.0%
increase over inflation since 1940, however much of this increase was
during the baby boom right after WWII and it does not reflect the
improvement in house quality during this time. The 0.7% statistic is
referenced a number of times in this work.

[viii] Robert Shiller titled his groundbreaking book Irrational Exuberance (Shiller, Irrational Exuberance, 2005)
after a phrase in a speech given by Alan Greenspan, FED chairman from
1986-2006, in a speech at the Annual Dinner and Francis Boyer Lecture
of The American Enterprise Institute for Public Policy Research,
Washington, D.C., December 5, 1996 (Greenspan, The Challenge of Central Banking in a Democratic Society, 1996).
The term “irrational exuberance” is used synonymously in this writing
to describe the behavior of buyers in creating an asset price bubble.

[ix] Human nature being what it is, another real estate bubble will
form unless measures are taken to prevent one. The projections of how
long it will take markets to recover vary depending on the variables
analyzed. Later chapters explore this question in detail.

[x] Joe Vitale in his book There’s a Customer Born Every Minute: P.T. Barnum’s Secrets to Business Success (Vitale, 1998) disputes the contention that PT Barnum ever uttered the phrase with which he is credited.