Author Archives: IrvineRenter

Conservative House Financing – Part 3

What they are saying about The Great Housing Bubble

“…the author has a background in real estate that’s far removed from
the sales process, he’s able to step back and provide the sort of
unemotional, macro-economic overview that seems quite atypical for a
guide to investing in real estate.

…Filled with 64 exhibits, 146 footnotes and a nine-page bibliography
of source material, “The Great Housing Bubble” is probably not a casual
read during a day at the pool or the beach. But for real estate
professionals wanting to educate themselves or their clients on how to
successfully build wealth through the buying and selling of real
property, this author has a lot to teach.”

Patrick S. DuffyPrincipal with MetroIntelligence Real Estate Advisors and author of The Housing Chronicles Blog.

Mortgage Equity Withdrawal

Mortgage Equity Withdrawal or MEW is the process of obtaining cash
through refinancing residential real estate using the accumulated
equity as collateral for the loan. Before MEW homeowners would have to
wait until the property was sold to get their equity converted to cash.
Apparently, this was deemed an inefficient use of capital, so lenders
found ways to “liberate” this equity with home equity lines of
credit or cash-out mortgage refinancing. Home equity lines of credit
are popular with lenders despite the additional risk of being in the
second or third lien position because borrowers are less likely to
default or prepay than non-cash-out refinancing. [1] The impact of MEW
on equity is obvious; it reduces equity by increasing the loan balance.
It has been noted that equity is a fantasy and debt is real, and MEW is
the process of living the fantasy with the addition of very real debt.
MEW has been utilized by homeowners for home improvement for decades,
but the widespread use of this money for consumer spending was largely
an innovation of the Great Housing Bubble. [ii] Since consumer spending
is almost 70% of the US economy, mortgage equity withdrawal was the
primary mechanism of economic growth after the recession of 2001–a
recession caused by the deflation of another asset bubble, the
NASDAQ technology stock bubble.

Figure 9: Mortgage Equity Withdrawal, 1991-2006

Many people who extracted their home equity lost their homes for
lack of ability to refinance or make their new payments. After so many
people lost their homes due to their own reckless borrowing, it is
natural to wonder why these people did it. Why did they risk their home
for a little spending money? First, it was not just a little money.
Many markets saw home values increase at a rate equal to the local
median income. It was as if their home was another breadwinner. The
lure of this easy money was too much for many to resist. The rampant,
in-your-face, marketing of these loans in every available media outlet
touting the glossy “lifestyle” of over-the-top consumerism was a drug
to many spending addicts. Also, during the bubble rally people really
believed their house values would go up forever, and they would always
have the ability to refinance enormous debts at low interest rates and
maintain very low debt service costs. Most people did not think it
possible they would end up in circumstances where they would lose their
homes; however, they were mistaken. Given these beliefs, the equity
accumulating in their house was “free money” they just needed to access
in order to live and to spend like rich people. Even though they were
consuming their net worth, and making themselves poor, they believed
they were rich, and they wanted to spend accordingly.

Most homeowners do not save money for major improvements and
required maintenance, and these homeowners often take out home
equity lines of credit as a method of mortgage equity withdrawal to
fund home improvement projects. The logic here is that renovations
improve the property so an increase in property value offsets the
additional debt. In reality, home improvement projects rarely adds
value on a dollar-for-dollar basis, particularly with exterior
enhancements which often only return 50 cents on the dollar in value.
[iii] The home-improvement craze was so common that the term
“pergraniteel” was coined to describe the Pergo fake wood floors,
granite countertops, and steel appliances that defined the Great
Housing Bubble era in much the same way as shag carpeting and wood wall
paneling defined the interior decorating of the 1970s.

Much of the money homeowners borrowed fueled consumer spending and
reinforced poor financial management techniques. It was common during
the bubble rally for people to run up enormous credit card bills then
refinance every year and pay them off. [iv] It is foolish enough to
finance consumer spending, but it is even more foolish to pay for this
spending over the 30-year term of a typical mortgage. The consumptive
value fades quickly, but the debt endures for a very long time. Many
people responded to the “free money” their house was earning by
liberating their equity as soon as they could so they could buy cars,
take vacations, and generally live the good life. This borrow-and-spend
mentality was actually encouraged by lenders who were eager to make
these loans and even the government which was benefiting by economic
expansion and higher tax receipts.

The recession of 2001 was caused by the collapse of stock prices and
the resulting diminishment of corporate investment. The recession was
shallow, but the economy had difficulty recovering mostly due to
continued erosion of manufacturing jobs. [v] The Federal Reserve under
Alan Greenspan was desperate to reignite economic growth, so the
FED funds rate was lowered to 1% and kept there for more than a year.
It was hoped this increased liquidity would go into business investment
to restart the troubled economy; instead, it went into mortgage loans
and consumers’ pockets through mortgage equity withdrawal. Basically,
the economic recovery from 2001 through 2005 was an illusion created by
excessive borrowing and rampant spending by homeowners. The economy did
not grow through production; it grew through consumption.

There are many theories as to the decline and fall of the Roman
Empire. [vi] One of the more intriguing is the idea that Rome fell
because it was weakened by the parasitic nature of Rome itself. Rome
existed to consume the resources of the empire. Boats would come to the
city loaded with goods and leave the city empty. Consumption kept the
masses happy and thereby quelled civil unrest. The Roman Empire was the
world’s only superpower with an unsurpassed military might. Equally
unsurpassed was its ability to consume resources. Does any of this
sound like the United States? The United States has clearly become a
consumer nation, and the government continues to borrow huge sums of
money to keep the economic engine of consumption going. In early 2008,
Congress passed a “stimulus” package where many people would receive
direct gifts of money in the hope they would spend it and keep the
economy going. Since the Federal Government was already running a
deficit, this money was borrowed from future tax receipts. In other
words, this handout was obtained from future generations. With house
prices crashing, direct handouts of borrowed government money were
necessary to make up for the loss of borrowed private sector money that
used to be available through mortgage equity withdrawal.

The Fallacy of Financial Innovation

The cutting edge is sharp. Innovators often pay a heavy price for
attempts at advancement. Sometimes these advances lead to quantum leaps
in human knowledge and understanding. Sometimes the time, effort, and
money are merely thrown into the abyss. The financial innovations of
the Great Housing Bubble are of the latter category. When the lending
industry developed exotic loan products, they touted them as
“innovation,” and they sold these toxins far and wide. [vii] Since
these loans achieved the highest default rates ever recorded, it is
apparent the “innovations” of the bubble rally were not entirely
successful. It is amazing that a group of assumingly intelligent
bankers came up with these loans and expected a positive outcome.
[viii] The “innovation” meme is nothing more than a public relations
effort to convince brokers the products were safe to sell and borrowers
the products were safe to use. It is hard to fathom the widespread
acceptance of this nonsense, but that is the nature of the pathological
beliefs of a financial mania.

Many in the lending industry think their work is like science that
continually advances. It is not. It is far more akin to assembly line
work where the same widgets are pumped out year after year. When
lenders start to innovate, trouble is brewing. The last significant
advancement in lending was the widespread use of 30-year amortizing
loans that came into favor after World War II. Prior to that time, home
loans were interest-only, short-term loans with very high
equity requirements (50% was most common). This proved problematic in
the Great Depression as many out-of-work owners defaulted on their
loans. A mechanism had to be found to get new buyers into the markets
and allow them to pay off the loan. The answer was the 30-year,
fixed-rate amortizing loan. To say this was an innovation is a stretch
as this loan has been around as long as banking has existed, but it did
not become widely used until equity requirements were lowered. The
lenders were willing to lower the equity requirements as long as the
loan was amortizing because their risk would decline as time went by
and the loan balance was paid off.

Over the last 60 years since World War II ended, a number of
experimental loan programs have been attempted. These include
interest-only loans, adjustable rate loans, and negative
amortization loans among others. It is this group of loans that has
consistently failed in the past for one simple reason: if payments can
adjust higher, people will default. The Option ARM is certainly the
most sophisticated loan ever developed. It is also a dismal failure,
not because it lacks sophistication, but because it has embedded within
it the possibility (near certainty) of an increasing payment. Any loan
program that has the possibility of a higher future payment will fail
because there will be a certain number of people who cannot afford the
higher payment.

Here is where the lenders delude themselves and deceive the general
public after a financial debacle like the Savings and Loan problems of
the 1980s or the Great Housing Bubble. They blame the collapse and the
high default rates on some outside factor rather than the terms and
conditions the lenders created all on their own. There are still many
out there who believe the high default rates and problems in the
housing market in the 90s in California were caused by a weak economy.
This is rubbish. House prices declined for 6 years. The decline started
before the economy went soft, and it continued well after it had
recovered. People defaulted because they overextended themselves on
loans to buy overpriced housing, and toward the end of the mania, many
were using interest-only loans. Whenever lenders start loaning people
money with total debt-to-income ratios over 36% people will default.
Whenever lenders start loaning more than 80% of the purchase price,
people can sink underwater and when they do, they will default. This is
not new. It happened in the early 90s; it happened during the Great
Housing Bubble, and it happened for the same reasons: lax lending
standards.

Someday the lending community may actually innovate and come up with
some financial product that has low default rates which most people can
qualify to obtain–or not. Unless you change human nature, there are
always going to be people who are too irresponsible to make consistent
payments. People either do or do not make their payments. This is the
key to any loan program. New terms and schedules can be reinvented over
and over again, and it will always boil down to people making payments.
When complicated loan programs contain provisions that make it
difficult for people to make payments–like increasing payment
amounts–they will default, and the loan program will fail. This is
certain.

Whenever lenders create new, “sophisticated” loan programs that
require advanced financial management on the part of the borrower, both
the lenders and the borrowers fall victim to the Lake Wobegon effect.
[ix] Everyone thinks they have above average abilities when it comes to
managing their finances. In reality, perhaps 2% of borrowers have the
financial discipline to handle an Option ARM loan. Unfortunately, 80%
of borrowers think they are in this 2%. The reason for this comes from
the inherent conflict between emotions and intellect. Eighty percent of
borrowers may understand the Option ARM loan (or think they do,) but
when the pressures of daily life create emotional demands for spending
money on one’s lifestyle, the intellectual knowledge that this money
should go toward a housing payment is conveniently set aside. It is
this 2% of the most disciplined borrowers who will cut back on
discretionary spending to make their full housing payment. Everyone
else will make the minimum payment, fall behind on their mortgage, and
end up in foreclosure.

It seems lenders forget basic facts about lending every so often and
create a new financial bubble. Perhaps they succumb to the pressure of
the investment community or their own shareholders, or perhaps they
just start believing their own “innovation” marketing pitch and forget
the basics of sound lending practices. This is why there are recessions
at the end of a business cycle. These pathologic lending practices must
be purged from the system or else they will survive to build an even
bigger and costlier bubble. Although it is difficult to imagine a
bubble bigger than the Great Housing Bubble, it is still possible.

In the aftermath of a financial fiasco, lenders return to the
practices that did not fail them in the past. The only program lenders
know empirically to be stable is a 30-year, fixed-rate, conventionally
amortizing loan based on 80% of appraised value taking no more than 28%
of a borrower’s gross income (36% maximum total debt). The credit
crunch facilitated the decline in housing prices after the Great
Housing Bubble. Large downpayments came back, and government assisted
financing became widely used by first-time homebuyers to overcome the
high equity requirements. The credit crunch was not caused by some
unexpected or unknown factor; it was caused by the failure of lenders.
Credit continued to tighten until lenders stopped making bad loans. The
bad loans did not disappear until lenders returned to the stable loan
programs with a proven track record. That is how the credit
cycle works. [x]

Summary

To be financially conservative is to accumulate wealth and to be
risk adverse. It requires managing equity, paying down a mortgage loan,
and allowing net worth to accumulate rather than depleting it via
consumer spending through mortgage equity withdrawal. Many people do
not realize the risk they take on when they use some of the innovative
loan programs developed during the bubble. Exotic financing terms are
not exotic anymore. Interest-only, adjustable rates and negative
amortization have become so ubiquitous that nobody seems to remember
why 30-year fixed-rate mortgages are used. A home should be financed
with a fixed-rate conventionally-amortized mortgage and a sizable
downpayment. The reason for this is simple stress management: nobody
wants to spend the next several years worried about a loan reset or the
need for increasing house values or future salary increases. People
should not buy with the desire to make a fortune in real estate.
Instead, they should purchase with the intent to have a stable housing
payment, and a stress-free life.



[1] The conclusion of the paper Subprime Refinancing: Equity Extraction and Mortgage Termination (Chomsisengphet & Pennington-Cross, 2006)
is as follows, “Consistent with survey evidence the propensity to
extract equity while refinancing is sensitive to interest rates on
other forms of consumer debt. After the loan is originated, our results
indicate that cash-out refinances perform differently from non-cash-out
refinances. For example, cash-outs are less likely to default or
prepay, and the termination of cash-outs is more sensitive to changing
interest rates and house prices.” The sensitivity to changes in
interest rates is not surprising as borrowers will take the money if it
is a good deal, and they will repay it when the deal is less favorable.
The observation that these loans have lower default rates and are less
likely to be paid back early is quite surprising. This may have been an
artifact of the bubble rally, and future data may show these loans do
not perform as well as in previous years.

[ii] Robert Shiller wrote a paper on Household Reactions to Changes in Housing Wealth (Shiller, Household Reaction to Changes in Housing Wealth, 2004).
He reached no definitive conclusions concerning the reactions to
households to increasing home prices. At the time of his writing, the
bubble was inflated enough to be obvious to him, and he does mention
the bubble and its potential problems. The impact of mortgage
equity withdrawal had not reached absurd height in early 2004, but by
2006, the pattern of household spending had become fairly obvious. In
2007 Oxford professor John Muellbauer wrote Housing, Credit and
Consumer Expenditures (Muellbauer, 2007).
His conclusion is that the spending “wealth effect” was insignificant
in the past due to more restrictive credit policies which limited
access to home equity (financial prudence on the part of lenders.)
After the “liberalization” of credit markets and the dramatic increase
in prices of the housing bubble, the consumer spending brought about by
the wealth effect became pronounced. The wealth effect observed in the
Great Housing Bubble was much larger than the wealth effect of the
stock market bubble which preceded, and the effect was twice as large
in the United States as it was in Great Britain.

[iii] There is a lack of scholarly studies on the financial results of home improvement projects (Baker & Kaul, 2002).
Builder behavior is often revelatory of the state of the market. In
most markets new home builders do not put in rear yard landscaping
because they are not able to obtain a return on the investment. Also,
the fact that builders have multitudes of upgrade options from a base
package indicates the premium finishes do not provide a market return
unless specifically requested by a purchaser. Builders can profit in
that circumstance.

[iv] The evidence of consistent refinancing is anecdotal, but it is
reinforced by national statistical trends from the US Governments Flow
of Funds accounting.

[v] In the paper (Leamer, Housing Is the Business Cycle, 2007), the author has graphs showing the loss of manufacturing jobs after the recession of 2001.

[vi] (Gibbon, 1999)

[vii] In the paper Innovations in Mortgage Markets and Increased Spending on Housing (Doms & Krainer, Innovations in Mortgage Markets and Increased Spending on Housing, 2007),
Mark Doms and John Krainer document how financial innovation helped
facilitate the housing bubble. Their abstract is as follows:
“Innovations in the mortgage market since the mid-1990s have
effectively reduced a number of financing constraints. Coinciding with
these innovations, we document a significant change in the propensity
for households to own their homes, as well as substantial increases in
the share of household income devoted to housing. These changes in
housing expenditures are especially large for those groups that faced
the greatest financial constraints, and are robust across the changing
composition of households and their geographic location. We present
evidence that young, constrained households may have used newly
designed mortgages to finance their increased expenditures on housing.”
Notice the “innovation” reduced financing constraints. This is the
definition of loose credit. They also note the increase in home
ownership and the increase in debt-to-income ratios. The latter is a
telltale sign of a housing market bubble. The exotic loans tended to be
concentrated in younger households who used to be excluded from the
housing market due to lack of downpayments and insufficient income.
Basically, exotic loans were given to persons who were not ready for
home ownership, and the high default rates among this group should not
have been a surprise.

[viii] In response to the dramatic increase in subprime
delinquencies in 2007, the Federal Reserve Bank of San Francisco
commissioned a report on Subprime Mortgage Delinquency Rates (Doms, Furlong, & Krainer, Subprime Mortgage Delinquency Rates, 2007).
The report’s conclusions were as follows: “First, the riskiness of the
subprime borrowing pool may have increased. Second, pockets of regional
economic weakness may have helped push a larger proportion of subprime
borrowers into delinquency. Third, for a variety of reasons, the recent
history of local house price appreciation and the degree of house price
deceleration may have affected delinquency rates on subprime mortgages.
While we find a role for all three candidate explanations, patterns in
recent house price appreciation are far and away the best single
predictor of delinquency levels and changes in delinquencies.
Importantly, after controlling for the current level of house price
appreciation, measures of house price deceleration remain significant
predictors of changes in subprime delinquencies. The results point to a
possible role for changes in house price expectations for explaining
changes in delinquencies.” In later sections the relationship between
default rates and default losses is explored. When prices decline,
default losses increase because lenders get less money from the
collateral in a foreclosure. This report from the FRBSF demonstrates
that lenders also face higher default rates, probably due to borrowers
“giving up” when they owe more on their mortgage than their house is
worth. These two phenomenon have a negative synergy. In a related
report by Kristopher Gerardi, Adam Hale Shapiro, and Paul S. Willen
titled Subprime Outcomes: Risky Mortgages, Homeownership Experiences,
and Foreclosures (Gerardi, Shapiro, & Willen, 2007),
the authors make the following observations, “First, homeownerships
that begin with a subprime purchase mortgage end up in foreclosure
almost 20 percent of the time, or more than 6 times as often as
experiences that begin with prime purchase mortgages. Second, house
price appreciation plays a dominant role in generating foreclosures. In
fact, we attribute most of the dramatic rise in Massachusetts
foreclosures during 2006 and 2007 to the decline in house prices that
began in the summer of 2005.”

[ix] In the paper Unskilled and Unaware of It: How Difficulties in
Recognizing One’s Own Incompetence Lead to Inflated Self-Assessments (Kruger & Dunning, 1999),
the authors noted the tendency of individuals to overestimate their own
competence and abilities. Their primary conclusion is as follows
“People tend to hold overly favorable views of their abilities in many
social and intellectual domains. The authors suggest that this
overestimation occurs, in part, because people who are unskilled in
these domains suffer a dual burden: Not only do these people reach
erroneous conclusions and make unfortunate choices, but their
incompetence robs them of the metacognitive ability to realize it.” It
is a perfect description of the general public and their relationship
to complex financial agreements like Option ARMs.

[x] The author is a believer in the Austrian School of Economics.
Two of the sources of research and understanding on the credit
cycle are The Hedge Fund Edge: Maximum Profit / Minimum Risk Global
Trend Trading Strategies (Boucher, 1999), and Money, Bank Credit, and Economic Cycles (Soto, 2006).

IHB News 1-23-2010

We launch Ideal Home Brokers Trustee Sale Service today, and not-coincidentally, we have a Trustee Sale purchase being flipped. We can put families with cash in properties at Trustee Sale prices instead of flippers.

7 MOON DUST 25 Irvine, CA 92603 kitchen

Irvine Home Address … 7 MOON DUST 25 Irvine, CA 92603

Resale Home Price …… $535,000

{book1}

We have cleared off the table

The leftovers saved,

Washed the dishes and put them away.

I have told you a story

And tucked you in tight

At the end of your knock about day.

As the moon sets its sails

To carry you to sleep

Over the midnight sea,

I will sing you a song no one sang to me

May it keep you good company?

You can be anybody that you want to be

You can love whomever you will.

You can travel any country

Where your heart leads

And know I will love you still.

Everything Possible — Shaina Noll

IHB News

A long time reader of the Irvine Housing Blog recently contacted us for our support.

Todd Larsen, director of the Irvine Music Academy has been struck with leukemia at age 44. He was the family's sole wage earner taking care of his wife and 10 month old son by teaching music and coaching swim lessons in Irvine.

Thankfully Todd has great health insurance but unfortunately did not have disability insurance. As you can imagine his family's world has been turned upside down. The Irvine community has been holding walk-a-thons and auctions to help the family make ends meet. (Click below to read more about how the Irvine community is rallying around the family – the second link is to Todd's blog where tickets to the event can be purchased.

http://www.ocregister.com/articles/larsen-todd-family-2606906-leukemia-supporters )

http://toddrockinleukemia.blogspot.com/

Members of IHB team will be attending the event at the House of Blues in Anaheim (Downtown Disney) on February 1st starting at 6pm and we have purchased extra tickets and invite any readers that would like to attend with us to contact Shevy Akason, shevy.akason@evergreenrealty.net to reserve a ticket to attend with the IHB Group. Or if you would like to attend on your own, tickets to the event can be purchased on Todd's blog at http://www.toddrockinleukemia.blogspot.com/.

Housing Bubble News from Patrick.net

Banks start foreclosure on 1,500 Orange County mortgages and High End Auction Properties Abound.

$1 million-plus houses in Orange County repo pipeline (mortgage.freedomblogging.com)

One in seven U.S. mortgages foreclosing or delinquent (reuters.com)

F.H.A. to Raise Standards for Mortgage Insurance (nytimes.com)

Housing Starts, Vacant Units and the Unemployment Rate (calculatedriskblog.com)

Obama to Propose New Limits on Banks (online.wsj.com)

The End of Wall Street As We Know It (blog.newsweek.com)

Wall St. Weighs Legal Challenge to Proposed Bank Tax (nytimes.com)

Goldman delays bonus decision (reuters.com)

Bankers Without a Clue (nytimes.com)

Moral Hazard and the Crisis (newyorker.com)

Homebuilding

Housing starts in 2009 worst since World War II (csmonitor.com)

Builders, buyers embrace smaller houses (marketwatch.com)

$75 Oil Cannot Support House Construction in Burbs (mybudget360.com)

Housing market's recovery to be slow, builder convention told (signonsandiego.com)

Warren Buffett's thoughts on bailout, housing, tax (nypost.com)

China

China and the U.S.: Dysfunctional Real Estate Bubble Twins (Charles Hugh Smith)

What Are the Costs of China's Currency Policy? (knowledge.wharton.upenn.edu)

Japan, China, Greece and Geithner (theautomaticearth.blogspot.com)

Rogers Says Hong Kong Property in Bubble (businessweek.com)

Hong Kong Leads Gains in Global House Prices (bloomberg.com)

Canada

Strength of Canadian housing market questioned (albertalocalnews.com)

Forclosed Whistler ski resort to auctioned during Vancouver Olympics (olympics.thestar.com)

Our Lending Overlords

More bank failures expected in 2010 (therealdeal.com)

Failing Banks Offer Good CD Rates And FDIC Guarantee (financemymoney.com)

Joseph Stiglitz: 'We're More Strict With Our Poor Than With Our Banks' (huffingtonpost.com)

Poll Results from MA: Voters Think Obama Sides With Banks (thepeoplesvoice.org)

Obama Wades Deeper Into Banking Debate (nytimes.com)

7 MOON DUST 25 Irvine, CA 92603 kitchen

Irvine Home Address … 7 MOON DUST 25 Irvine, CA 92603

Resale Home Price … $535,000

Income Requirement ……. $112,168

Downpayment Needed … $107,000

20% Down Conventional

Home Purchase Price … $452,100

Home Purchase Date …. 1/4/2010

Net Gain (Loss) ………. $50,800

Percent Change ………. 18.3%

Annual Appreciation … 220.0%

Mortgage Interest Rate ………. 5.11%

Monthly Mortgage Payment … $2,326

Monthly Cash Outlays ………… $3,130

Monthly Cost of Ownership … $2,510

Property Details for 7 MOON DUST 25 Irvine, CA 92603 https://www.irvinehousingblog.com/wp-content/uploads/2008/02/turkey.JPG

Beds 2

Baths 2 full 1 part baths

Home Size 1,525 sq ft

($351 / sq ft)

Lot Size n/a

Year Built 1982

Days on Market 8

Listing Updated 1/20/2010

MLS Number P718065

Property Type Condominium, Residential

Community Turtle Rock

Tract Rb

Great Townhome in Prestigious Turtle Rock Community. Desireable corner location with a bright lit and welcoming living room, dining room, open kitchen and family room layout, fireplace, and stainless steel applianes. Within a quiet community featuring a swimming pool, spa, walking trails and tennis courts. Standard Sale, not an REO or Short-Sale! Turnkey Property! Perfect for first time home buyers and/or investors.

Desireable? applianes?

Check out that rate-of-return. If you make a huge profit in a short period of time, that is what happens. No wonder flippers are everywhere….

Ideal Home Brokers Trustee Sale Service

Over the last 3 days, the Foreclosure 101 series covered the key points of the foreclosure process leading to a Trustee Sale:

Foreclosure 101: Vesting Title

Foreclosure 101: Non-Judicial Foreclosure

Foreclosure 101: Mechanics of a Trustee Sale

The Trustee Sale market offers unique challenges and opportunities; successful buyers can (1) save significant money and (2) have exclusive market access — two huge advantages. Buyers at Trustee Sales routinely save 10% or more after fees and taxes. There are risks with these purchases, but with good information, these risks can be minimized.

Ideal Home Brokers researches properties and provides exclusive access to this data to our customers. We report (1) basic property information, (2) Trustee Sale comparables, (3) resale market comparables, (4) rental comparables and cashflow value, (5) detailed acquisitions costs including fees, taxes and other expenses, and (6) recommendations of maximum bid price.

Ideal Home Brokers is your window on the Trustee Sale market and your doorway to access this unique opportunity.

HOW THE PROCESS WORKS

This section contains a conceptual overview of the process, the language contained here is to inform, and it has no legal standing. Any conflict or contradiction real or implied by this section is superseded by language of Buyer Representation Agreement and remainder of the Trustee Sale Agreement (not included in this posting).

Broker herein agrees to provide Buyer with professional assistance in the acquisition of foreclosure property at the Trustee Sale (Sale), and Buyer herein agrees to pay Broker a Trustee Sale Service Fee (Fee) for the successful acquisition of a property at a Sale.

Buyer understands the risks involved, including the possibility of total loss, and has the sufficient cash resources to produce the cashier’s checks required to bid at Sales. Broker is a consultant providing available information to assist Buyer in making a buying decision and acting Agent to obtain property at Sale.

Establish Search Parameters

The first step of the process the development of a Buyer property profile that includes the following information:

  • Location(s)
  • Age range
  • Square footage range
  • Numbers of bedrooms and bathrooms
  • Other physical attributes important to buyer
  • Price range of properties that Buyer is seeking

Broker shall provide Buyer with ongoing and updated information on all foreclosure Properties scheduled for Sale matching the Buyer’s profile as well as information on all matching properties listed in the Multiple Listing Service (MLS). Buyer awareness of market values of the matching properties assists in determining property bids at Sale.

Select Properties for Initial Research

Buyer shall review matching Properties, and inform Broker as to which Property or Properties, if any, the Buyer is interested in purchasing at Sale. Broker shall conduct research and compile a preliminary property report. This report, the IHB Preliminary Auction Value Report, shall include the following:

  • Detailed description of Property
  • Property tax information (tax rate, Mello Roos status, etc.)
  • Basic Home Owners Association information, if any
  • Recent market comparable sales
  • Recent comparable foreclosure sales, if any
  • IHB Fundamental Value Report information tailored to Trustee Sales
  • Updated Trustee Sale Status (confirmation of current Sale date, published bid, etc.)

Buyer shall review the IHB Preliminary Auction Value Report and discuss with Broker. If the Buyer has continued interest in the Property, the Buyer shall conduct a visual drive-by of the Property and neighborhood, viewing the Property only from the public right of way. If Buyer has continued interest and the Property is also listed for sale on the MLS, Broker and Buyer shall view the interior and exterior of the Property, and Buyer shall make a determination as to whether or not to bid on the Property at the Sale.

Filter Properties with Final Research

Upon determination by Buyer that they want to bid on a specific Property at the Sale, Broker shall conduct further detailed research on the Property and compile a final report, the Title and Lien Report, which shall include:

  • Title -all persons currently vested on title, or previously vested at any time as of or since the acquisition of the Property.
  • Liens – all Trust Deeds and all other liens currently encumbering Property, and an analysis of their effect or standing, if any, at or following the Sale
  • Property Tax Status – total property taxes owed against the property, if any, including current taxes, delinquent taxes, and penalties
  • Other information – anything that Broker may deem pertinent to the Sale, Title, or to the Property itself
  • Final Analysis – an estimate of the total amount that will still be owed on the Property, if any, following purchase at the Sale, a description of Broker’s opinion of the overall viability of a successful Sale purchase.

Prior to the Sale, Broker and Buyer will (1) meet to discuss the Title and Lien Report, and the Property, (2) make a final determination as to whether or not to bid at the Sale, and, if so, (3) determine the maximum bid. The discussion is far ranging, and Broker will advise Buyer on (1) accounting for true acquisition costs including fees and taxes, (2) adjusting bids to allow for unknowns and assess Buyer’s goals and motivations for the Sale to ensure the property is a correct fit. An accurate calculation of the Buyer‘s maximum amount the is critical, as neither Buyer nor Broker shall exercise judgment on the day of Sale as to how much to bid. Broker, merely attends the auction to observe and participate in the bidding as pre-designated by Buyer. All Trustee Sales are final as of the declaration of the winning bid; Buyer no longer has discretion to go a “little higher” to obtain property, as Buyer can only bid up to the amount of cash they bring to the Sale. Buyer may be outbid by $1 by winning bidder.

Preparing for Sale

Upon making final determination to bid on a Property at the Sale, Buyer must determine vesting (how they wish to hold title). It is normally recommended that investor-buyers take title in the name of a legal entity, rather than their own name, whereas families purchasing to keep long-term may be better served with a living trust; however this determination is the strictly the responsibility of the Buyer – Broker offers no legal advice on vesting.

Buyer shall execute a Limited Power of Attorney, authorizing Broker to endorse checks at the Sale on behalf of the Buyer upon successful acquisition of Property, as well as redeposit any unused checks back into Buyer’s bank account.
Upon a successful bid, Broker shall present Trustee with vesting instructions signed by Buyer as well as instructions for where to mail the Trust Deed.

Twenty-four hours prior to the scheduled Sale, Buyer shall provide Broker with two sets of cashier’s checks: one set totaling the maximum bid Buyer has decided to bid at the Sale, and the other checks amounting to the total Fees due to Broker for attending the auction and the successful acquisition of a Property at a Sale. This amount is based on the Estimated Cost Basis of the Property, as defined in the contract.

The best method for obtaining checks is for buyer to decide on a minimum increment and obtain checks starting with the initial increment and doubling in value with each successive check. For instance, a buyer would get Cashier’s checks for $1,000, $2,000, $4,000, $8,000, and so on until the negotiating range is covered, and then one remainder check brings the balance up to the total. The bidder on a $600,000 property who wanted to start bidding at $500,000 would obtain checks for $1,000, $2,000, $4,000, $8,000, $16,000, $32,000, $64,000, and $473,000. Some combination of those checks will cover every $1,000 increment between $473,000 and $600,000 allowing the bidder to leave the Trustee with only the amount of the winning bid. Cashier’s Checks for the IHB Trustee Sale Service Fee shall be written in two equal amounts adding up to the total fee due for the Buyer’s maximum bid, plus in certain circumstances, a small check for research and auction Fees. These checks shall be distributed as described below. Prior to Buyer’s visiting their bank to withdraw funds, Broker confirms that the Sale has not been postponed, and shall provide Buyer with a list of Cashier’s Checks needed.

Broker Bids at Sale

On the day of the scheduled Sale Broker shall again contact Trustee to determine whether Sale has been postponed or is still scheduled. If postponed or cancelled, Broker will return Cashier’s Checks to Buyer or re-deposit them into Buyer’s bank account, according to Buyer’s instructions. If the Sale is still scheduled, Broker will attend the Sale and bid on Property on Buyer’s behalf. Buyer may choose to attend or not attend the Sale. If there is no bidding competition and opening bid is less than the Buyer’s determined maximum bid, Broker shall bid $.01 more than the opening bid, and Buyer will be the winning bidder. If there is active bidding competition, Broker shall continue bidding by increasing each higher bid by a predetermined increment, until Buyer has the winning bid or until Buyer’s maximum bid amount is reached.

If the Buyer is the winning bidder, Broker shall give necessary Cashier’s Checks to the Trustee, and Trustee will provide Broker and Buyer with a receipt of transaction. Any remaining Cashier’s checks for bidding shall be returned to Buyer or re-deposited into Buyer’s bank account.

The Trustee will mail the Trustee’s Deed Upon Sale, which transfers title to Buyer, to the address specified by the Buyer. This deed must be recorded within 15 calendar days of the Sale for Buyer’s ownership to be of record on the morning of the date of the sale. This is important to prevent a post – Sale bankruptcy filing by the former owner from having any effect on the Buyer’s new property. At the time of recordation, Buyer will be required to pay the State Transfer Tax, $1.10 per thousand dollars of purchase price. If the Buyer does not receive the Trustee’s Deed in time to record it within 15 days, Broker will assist Buyer in obtaining it from the Trustee, but is not responsible for recordation after 15 days, or for any resulting claims or title issues resulting from any delayed recording of the Deed.

The two cashier’s checks received from Buyer for the Broker’s Fee shall be distributed as follows:

  • If the acquired Property is vacant, the Buyer has immediate right of possession. Broker shall cash each of the two cashier’s checks received from Buyer for the Fee, as full payment of Broker’s Fee.
  • If the Property is still occupied, by former owner or a tenant, Broker shall cash one Cashier’s Check, an amount equal to 50% of the Fee, and hold the other 50% check in Broker’s office. The balance of the Fee due the Broker is released when Buyer takes possession of the Property, or, if occupant is to be evicted, upon the filing of an unlawful detainer action as part of the legal eviction process subject to Buyer responsibility for diligence detailed below.

For properties that are occupied, as part of the Trustee Sale Service provided by Broker, Broker will assist Buyer in gaining possession.

Possession after the Sale

First, Broker shall attempt to negotiate a voluntary vacancy, whereby the Occupant leaves according to a time frame approved by the Buyer.

If unsuccessful, Broker will attempt to negotiate a Cash-For-Keys agreement, approved by Buyer and at Buyer’s expense.

If also unsuccessful, Broker shall refer Buyer to a qualified eviction attorney to begin the eviction process. If there is no voluntary vacancy and Buyer does not commence eviction proceedings within seven days of Broker’s determination that Occupant will not vacate voluntarily, the balance of the Broker’s Fee shall be due and released to Broker. An example of such a situation is when Buyer opts to allow an existing tenant to remain and pay monthly rent for a period of time.

At this point, Buyer is the proud owner of a new property, and Broker has completed his obligations to the Buyer and property.


Trustee Sale inquiries please contact sales@idealhomebrokers.com

Foreclosure 101: Mechanics of a Trustee Sale

Today we conclude the three-part series, Foreclosure 101, with a look at the details of a Trustee Sale and a high-end Irvine property defying financial gravity.

1 SHADOW Gln Irvine, CA 92620 kitchen

Irvine Home Address … 1 SHADOW Gln Irvine, CA 92620
Resale Home Price …… $1,389,900

{book1}

I get up, and nothing gets me down.
You got it tough. I’ve seen the toughest around.
And I know, baby, just how you feel.
You’ve got to roll with the punches to get to what’s real

Oh can’t you see me standing here,
I’ve got my back against the record machine
I ain’t the worst that you’ve seen.
Oh can’t you see what I mean ?

Might as well jump. Jump !
Might as well jump.
Go ahead, jump. Jump !
Go ahead, jump.

Jump — Van Halen

The auction atmosphere of a Trustee Sale with its immediacy and permanence is not for the indecisive. Buyers need to be ready to jump when the deals are available, and these deals do exist prompting many to don wings and parachutes and take their chances.

This is the final installment of the Foreclosure 101 series which includes:

Foreclosure 101: Vesting Title

Foreclosure 101: Non-Judicial Foreclosure

Foreclosure 101: Mechanics of a Trustee Sale

Why Trustee Sales?

Most buy at Trustee Sales to make or save money. When compared to resale properties, Trustee Sales are generally discounted between 10% and 20% and sometimes the discounts are even greater. The first post in this series featured a property being flipped for a 25% gain, a significant profit for taking risks and trapping cash for a few months. However, flipping for profit is not the only reason to consider this market.

My disdain for flippers is apparent, but my ire is not spread evenly. Flippers who buy at auction provide necessary liquidity in a market isolated from lender financing, and flippers who renovate properties (even with pergraniteel) add tangible value; however, the flippers who annoy me are the ones who trade stucco boxes without making improvements or adding value as they merely drive up prices for families.

The problem is “how can families take advantage of this situation and save the flipper profit?” Families who have enough cash to purchase a property without financing at a Trustee Sale are missing a major opportunity to either (1) save money, or (2) buy from inventory unavailable to financed buyers. It isn’t always about the discount as simply having “first dibs” is big advantage, the fact that it is discounted to resale is a bonus.

So why don’t more buyers purchase at Trustee Sales?

Trustee Sale Risks and Limitations

The purchase of real estate at a Trustee Sale is inherently more
speculative, complicated, and risky than purchase by conventional
means. The above-average risk is due to such considerations as
potential title problems, the possibility of unknown liens, unpaid property taxes, delayed
holding periods, unknown property condition prior to purchase,
potential acts of vandalism, unforeseen governmental intervention, etc. Overcoming these obstacles requires a major investment of time and brainpower making Trustee
Sales suitable for buyers who can invest the time and effort and who will not be economically
devastated should they lose their entire investment. The major risks and limitations are as follows:

Cash Only: Trustee Sales allow cash bids only — Buyers will need to bring cashier’s checks for the full amount of the purchase to the sale.

Selection: A property fitting a Buyer’s property parameters and price range may not be scheduled for a Trustee Sale in a reasonable time.

No Inspection: Buyer will not be able to view the inside of the
property prior to the sale unless the property is actively listed in
the Multiple Listing Service, or in the unusual case where the current
owner allows access. The property is acquired “as is” which may include undetectable
physical damage.

No Insurance: Buyers can’t purchase title insurance at the sale and protect against unrecorded mechanic’s liens or judgment liens against the owner. This is rare, but it does happen, and the buyer is liable for these claims against the property.

No Remorse: The Sale is final – there is no recourse for buyers with remorse.

Unannounced Postponements and Late Cancellations: Most Trustee Sales are postponed at least once, and many are postponed numerous times, sometimes for a period of several weeks or months. If the Sale is postponed, the postponement may not be announced until buyer attends the scheduled sale, unused cashier’s checks in hand. Some owners are able to sell or refinance their properties at the last minute, cancelling the Trustee Sale altogether.

High Opening Bids: Most or all properties fitting Buyer’s criteria may
be over encumbered, and the published opening bids are often higher
than the property’s market value. The foreclosing lender has the option
of starting the bidding at less than market value, and they may not
decide whether or not to do so until the auctioneer begins to call the
Sale.

Competition: There will often be competing bidders at the Sale, and some will bid above the property’s market value.

When you think about it, the reason for the price discount is due to the combined effect of the factors listed above; prices need to be under resale to compensate buyers for the risks and unknowns. The more risks and unknowns, the greater the discount. In the post High End Auction Properties Abound I profiled the only property currently on the MLS scheduled for auction over the next several weeks. Assuming the property sells at the Trustee Sale, it will probably not be discounted as much from resale value as another property full of unknowns.

Trustee Sale Research

Most buyers when considering a Trustee Sale immediately run into a deficit of information. These properties are most often not on the MLS, and without MLS access to find basic information, to pull comps to estimate value or to locate old pictures, buyers have no way to conduct basic property research. This information barrier dissuades all but the most determined.

At a minimum, buyers need to determine the following:

  • Detailed description of Property
  • Property tax information (tax rate, Mello Roos status, etc.)
  • Basic Home Owners Association information, if any
  • Recent market comparable sales
  • Recent comparable foreclosure sales, if any
  • Updated Trustee Sale Status (confirmation of current Sale date, published bid, etc.)

In addition to the basics, most buyers will also want to know:

  • Title -all persons currently vested on title, or previously vested at any time as of or since the acquisition of the Property.
  • Liens – all Trust Deeds and all other liens currently encumbering Property, and an analysis of their effect or standing, if any, at or following the Sale
  • Property Tax Status – total property taxes owed against the property, if any, including current taxes, delinquent taxes, and penalties
  • Final Analysis – an estimate of the total amount that will still be owed on the Property, if any, following purchase at the Sale.

Since it is not possible to get Title Insurance at closing, a buyer is advised to obtain a title report on the property and the owner because judgment liens survive foreclosure. This does not protect the buyer from unrecorded mechanics liens.

The research list is long, and it may take several days, many phone calls, and out-of-pocket costs for title reports and other data. Given the difficulties of doing proper research and ignorance to what research is required, many buyers either take unnecessary risks by failing to do the proper research, or they give up on the idea and go back to shopping in the easier resale market.

Preparing for Trustee Sale

To prepare for a Trustee Sale, a buyer has three important tasks: (1) determine vesting, (2) establish a maximum bid amount, and (3) obtain Cashier’s checks in the amount of the maximum bid. We covered vesting in Foreclosure 101: Vesting Title. The buyer must give this information to the Trustee if a sale is successful.

Trustees like Cashier’s Checks, mostly because the buyer cannot stop payment after the sale. A buyer could attend the sale with a single Cashier’s check and wait for the Trustee to refund the difference. However, with a little effort, it is relatively easy to obtain a number of checks in various increments to cover bid amounts less than the maximum.

The best method for obtaining checks is to decide on your minimum increment and obtain checks starting with the initial increment and doubling in value with each successive check. For instance, a buyer would get Cashier’s checks for $1,000, $2,000, $4,000, $8,000, and so on until the negotiating range is covered, and then one remainder check brings the balance up to the total. The bidder on a $600,000 property who wanted to start bidding at $500,000 would obtain checks for $1,000, $2,000, $4,000, $8,000, $16,000, $32,000, $64,000, and $473,000. Some combination of those checks will cover every $1,000 increment between $473,000 and $600,000 allowing the bidder to leave the Trustee with only the amount of the winning bid.

The Cashier’s checks should be made out to the buyer, not the Trustee. If there is a sale, the buyer merely endorses the checks and gives them to the Trustee. If there is no sale, the buyer can either hold the checks for the next auction or redeposit them. There is no way for the money to be lost or stolen as the buyer is the only one who can cash the checks.

What happens at auction?

At the appointed time and place, a Trustee will call a public auction. The Trustee announces the property and asks the assembled if any wish to bid on the property. One at a time, the Trustee will meet privately with each bidder who must show the Trustee their Cashier’s checks to verify the amount held. The Trustee will not permit any bidder from exceeding the total of the Cashier’s checks on their person — nobody is “good for it.”

Once each bidder has shown the Trustee their money, the Trustee will call out the opening bid from the first mortgage holder. This is a pregnant moment because the advertised opening bids often do not match the actual opening bids, and even after all the preparation, a lender may come in and vastly overpay for the property because their loss mitigation procedures demand it. Lenders who underestimated the amount owed sometimes increase their advertised opening bid, but often, lenders drop their opening bid to avoid obtaining more REO.

Most buyers give up after attending a few postponed auctions. It takes half a day or more away from work or other responsibilities to attend a sale, and most busy people do not have the time. It is possible to go to only one auction and get a dream property at a 25% discount, but the more common scenario is for people to go to half a dozen auctions and obtain nothing.

In today’s market, dropped bids are the opportunities that bring third-parties to auctions. Assuming the first lien holder’s opening bid is less than the maximum price a third-party buyer is willing to pay, the auction begins. In an open outcry system, bidders verbally announce their bids and the Trustee acknowledges the highest bidder. There is no minimum increment to increase a bid, which leads to the rather tedious process of two bidders outbidding one another with small increments until one of them reaches their walkaway point. In fact, one of the major frustrations for many Trustee Buyers is the fact that they often get outbid by a single dollar, such is the nature of auctions.

If a buyer is the highest bidder, the Trustee takes the buyer’s vesting information and Cashier’s checks. In return, the Trustee gives the buyer a receipt at the sale. The buyer does not obtain the Trustee’s Deed at the auction.

Getting the Trustee’s Deed

The Trustee usually mails the Trustee’s Deed to the buyer within days of the sale; however, there is no legal timeframe the Trustee must adhere to. In contrast, the owner has 15 days to record the Trustee’s Deed in order to be considered the owner as of 8:00 AM the day of the Trustee Sale, otherwise ownership begins the day of recordation. The day of legal ownership is important because if a lien appears after the Trustee Sale but before recordation, the buyer can be liable, or at a minimum, have to deal with getting an invalid lien off the title of his new property. It is a rare occurrence, but the problem is best avoided by timely recordation.

Taking Equitable Title (possession)

Taking possession of a vacant house only requires the buyer to show up with a locksmith. If the house is not vacant, taking possession is more complex. The simplest solution is for the buyer to approach the occupants and offer them money to leave: cash for keys. Many holdover tenants, including the previous owners, are happy to get some money to cover the costs of moving out. Obviously, getting occupants to leave voluntarily is better for all concerned.

In situations where the holdover tenants are not cooperative, the new owner will need to employ the services of an eviction attorney to remove the occupants, and there are situations where renters do not have to leave due to local ordinances that protect renters. The rental contract itself is extinguished at the foreclosure sale, so renters cannot stay for the duration of their lease, and the new owner is not required to repay any security deposits. The exception to this is where the lease pre-dates the foreclosing lien – in this case the buyer takes title subject to the terms of the lease.

Is it worth it?

Buying at Trustee Sale is time consuming with (1) property research, (2) attending auctions and (3) following up to take possession, and the sale is fraught with risk, but for those who make the effort, saving what can amount to a year’s salary or more is very tempting, particularly when the resale market is likely to show further weakness. Buying at auction today puts an owner in a property well below rental parity, and likely below the resale bottom.

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.

1 SHADOW Gln Irvine, CA 92620 kitchen

Irvine Home Address … 1 SHADOW Gln Irvine, CA 92620

Resale Home Price … $1,389,900

Income Requirement ……. $293,719
Downpayment Needed … $277,980
20% Down Conventional

Gourmet Kitchen Award

Home Purchase Price … $1,470,000
Home Purchase Date …. 9/26/2006

Net Gain (Loss) ………. $(163,494)
Percent Change ………. -5.4%
Annual Appreciation … -1.6%

Mortgage Interest Rate ………. 5.18%
Monthly Mortgage Payment … $6,092
Monthly Cash Outlays ………… $7,790
Monthly Cost of Ownership … $5,570

Property Details for 1 SHADOW Gln Irvine, CA 92620

Beds 4
Baths 2 full 2 part baths
Home Size 3,800 sq ft
($366 / sq ft)
Lot Size 8,282 sq ft
Year Built 1998
Days on Market 1
Listing Updated 1/13/2010
MLS Number S601505
Property Type Single Family, Residential
Community Northwood
Tract Cris

Absolutely gorgeous inside and outside. Oversized lot on a cul-de-sac. Dramatic open floorplan with high ceilings and spiral staircase. Formal living room and separate dining room with vaulted ceilings and custom fireplace. Gourmet oversized kitchen open to family room and breakfast nook. Spacious family room with fireplace and custom built-ins. Den downstairs used as media room. Open loft perfect for home office or play area. Large master suite with large master bath and walk in closet. Tastefully upgraded with stone floors, custom paint, shutters, neutral carpeting and more. Oversized lot with new built-in pool and spa. Minutes from parks, schools, tennis courts shopping and freeways. Walk to Canyon View Elementary and Northwood High.

Irvine Housing Blog No Kool Aid

I hope you have enjoyed this week, and thank you for reading the Irvine Housing Blog: astutely observing
the Irvine home market and combating California Kool-Aid since
2006.

Have a great weekend,

Irvine Renter

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.