Category Archives: Real Estate Analysis

Power Poker

Could the Irvine Company play “Power Poker” with our local housing market and support prices at inflated levels?

53 Carver   Irvine, CA 92620  inside

Asking Price: $699,000

Address: 53 Carver Irvine, CA 92620

{book2}

Devil

I am the menace in your eyes
The one you cant escape
Your life falls in my grasp
Your know your end is near

I tear your flesh to shreds
Burn holes throughout your mind
Your eyes now filled with blood
A victim of my force
In endless agony
You realize your defeat
Recite my masters chants


Show No Mercy
— Slayer

Have you ever watched the World Poker Tour? I used to watch it often. I remember one tournament where a single player had a significant chip lead over the others at the table. A big chip advantage allows players to overpower their opponents by forcing them to go “all in” just to be able to play. In the event I was watching, the chip leader used a stone cold bluff to force out opponents on a number of occasions. Sometimes the threat of power is power.

Ben Bernanke, the current Federal Reserve Board Chairman, knows how to run a bluff. In his 2002 speech, Deflation: Making Sure “It” Doesn’t Happen Here, he presented the “helicopter drop” bluff as a way to bully financial markets.

The conclusion that deflation is always reversible under a fiat money
system follows from basic economic reasoning. A little parable may
prove useful: Today an ounce of gold sells for $300, more or less. Now
suppose that a modern alchemist solves his subject’s oldest problem by
finding a way to produce unlimited amounts of new gold at essentially
no cost. Moreover, his invention is widely publicized and
scientifically verified, and he announces his intention to begin
massive production of gold within days. What would happen to the price
of gold? Presumably, the potentially unlimited supply of cheap gold
would cause the market price of gold to plummet. Indeed, if the market
for gold is to any degree efficient, the price of gold would collapse
immediately after the announcement of the invention, before the
alchemist had produced and marketed a single ounce of yellow metal.

What has this got to do with monetary policy? Like gold, U.S. dollars
have value only to the extent that they are strictly limited in supply.
But the U.S. government has a technology, called a printing press (or,
today, its electronic equivalent), that allows it to produce as many
U.S. dollars as it wishes at essentially no cost. By increasing the
number of U.S. dollars in circulation, or even by credibly threatening
to do so
, the U.S. government can also reduce the value of a dollar in
terms of goods and services, which is equivalent to raising the prices
in dollars of those goods and services. We conclude that, under a
paper-money system, a determined government can always generate higher
spending and hence positive inflation.

Notice that the threat of printing money has just as much effect as actually doing it. It is Power Poker Federal Reserve style.

Power Poker Irvine Style

So what does power poker have to do with our local housing market? We all know there is one big player with many chips in the Irvine housing market: The Irvine Company. They have full control (within political constraints) of the type, quantity, location and price of new homes in Irvine, they have enormous holdings of entitled land the value of which is strongly influenced by the activities of the resale market, and they have large amounts of cash being constantly generated from their income properties and ongoing operations. In short, they are in a position to play power poker.

Imagine what would happen if the Irvine Company decided to form a vulture fund to buy Irvine REOs. The Irvine Company has the cash to acquire every REO in Irvine, and they have the management company to rent out these properties and hold them off the for-sale market until prices recover. If the Irvine Company formed a fund and decided that all REO will be purchased at auction for $300/SF, they could buy all the REO and prevent an REO tsunami from washing away the value of their extensive holdings.

There are 75,815 dwelling units in Irvine, many of which are apartments. I can’t find the exact number, but there are around 45,000 houses and condos owned by regular people about one in ten of which are defaulting on their mortgages, and about one in three homes are owned with no mortgage. For the sake of running a simple calculation, let’s say that 3,000 Irvine homes will go through the process and become REO before the Great Housing Bubble has run its course.

If 3,000 homes go through foreclosure at an average price of $400,000, it would require $1,200,000,000 to buy them all. That would be a great deal of money to spend if the Irvine Company wanted to buy all the REO, but this is where Power Poker comes in — they don’t actually have to buy the REOs, they just need to credibly threaten to do so, and the market would change.

What would happen if the Irvine Company said it would buy all REOs at auction for $300/SF?

  • If investors believed TIC was serious, many speculators would step forward and buy these properties for $301/SF believing they are backstopped by TIC.
  • Many underwater homeowners would stay and pay rather than walking away because they believe their property values are being supported. This would serve to lower default rates by cutting back on ruthless defaults.
  • Buyers would no longer believe prices would fall further, and they would stop waiting for future price declines.

The combination of these factors would make it unnecessary for the Irvine Company to actually spend $1,200,000,000 to buy the REO; in fact, if the bluff is successful, they may not have to spend anything at all.

As a renter waiting to buy in Irvine, I do not want to see the Irvine Company do this. If I were a homeowner, I would not feel the same way. Of course, there is a risk that the gambit would fail, and the Irvine Company would buy $800,000,000 worth or real estate for $1,200,000,000, but there is also the possibility that prices will hold at $300/SF or above. As I demonstrated in Land Value 101 the value of the Irvine Company holdings are strongly impacted by the value of homes in the resale market. A $1,200,000 bluff may serve to preserve $12,000,000,000 in property value.

53 Carver   Irvine, CA 92620  inside

Asking Price: $699,000

Income Requirement: $174,750

Downpayment Needed: $139,800

Purchase Price: $800,000

Purchase Date: 9/14/2004

Address: 53 Carver Irvine, CA 92620

Beds: 7
Baths: 3
Sq. Ft.: 2,770
$/Sq. Ft.: $252
Lot Size: 4,750

Sq. Ft.

Property Type: Single Family Residence
Style: Contemporary
Stories: 2
Year Built: 1979
Community: Northwood
County: Orange
MLS#: S584525
Source: SoCalMLS
Status: Active
On Redfin: 2 days

Perfect Home For Large Family Within The Best Area Of Irvine. Modified
Plan With Up To 7 Bedrooms. Built In Outdoor Spa. Close To Shopping And
Schools. Don’t Miss This One It Will Sell Fast.

What did they do? finish off the attic?

This property was purchased for $800,000 on 9/14/2004 (which is amazing to me). The owners used a $640,000 first mortgage and a $160,000 downpayment. On 11/18/2005 they refinanced with a $714,750 first mortgage and a $142,950 stand-alone second. The total property debt is $857,700 plus accumulated missed payments. The owners borrowed themselves into oblivion, and they began defaulting back in early 2007:

Foreclosure Record
Recording Date: 07/09/2009
Document Type: Notice of Default
Document #: 2009000364972

Foreclosure Record
Recording Date: 11/12/2008
Document Type: Notice of Rescission
Document #: 2008000530065

Foreclosure Record
Recording Date: 01/04/2008
Document Type: Notice of Sale (aka Notice of Trustee’s Sale)
Document #: 2008000006033

Foreclosure Record
Recording Date: 10/01/2007
Document Type: Notice of Rescission
Document #: 2007000592079

Foreclosure Record
Recording Date: 09/27/2007
Document Type: Notice of Default
Document #: 2007000586776

Foreclosure Record
Recording Date: 05/23/2007
Document Type: Notice of Default
Document #: 2007000334839

This house has been in default as long as I have been writing for the IHB. It looks as if they have received two loan modifications, and they still can’t make the payments. Obviously, the lender was in no hurry to take this one back. The owners are now working on three years without a consistent mortgage payment, so they are also happy with the status quo.

If this property sells for its current asking price, and if a 6% commission is paid, the total loss to the lender will be $200,640.

Who is going to buy this 7-bedroom house? The Brady’s?

Rental Parity and Beyond

What is Rental Parity? What features or characteristics create value above rental cashflow value?

34 Coldbrook   Irvine, CA 92604  kitchen

Asking Price: $1,425,000

Address: 34 Coldbrook Irvine, CA 92604

{book1}

I’m solid gold
I’ve got the goods
They stand when I walk
Through the neighborhoods

Makin’ It — David Naughton

The concept of Rental Parity is often discussed on this blog, but to date, I have never devoted a post to defining it and explaining it before today.

I first discussed Rental Parity in How Inflated are House Prices?, and later I added Rent Versus Own to explore the cost of ownership and relate it to the cost of rental. Finally, I added a subjective refinement to the rental parity basis in I Will Not Call a Bottom.

What is Rental Parity?

Rental Parity is a mathematical relationship between rental rates and property values where rent is equal to the monthly cost of ownership. There are many assumptions and variables that impact Rental Parity — so many that it takes a spreadsheet to try to explain it. (We have a calculator that provides the total cost of ownership on a monthly basis to compare
to the cost of renting. What is perhaps more useful to buyers is the
ability to run the calculation in reverse — If you know what you spend
on rent, you can estimate how much house you can afford.)

The fluid relationship between rents and prices provides a conceptual understanding of value. Rental rates establish where property values should be. Rental Parity is a balance point where there is no financial advantage to choosing renting or owning; a point of theoretical indifference.

If we had a group of theoretically indifferent people who always acted rationally based on perfect information, prices would always be at Rental Parity; any price below rental parity would be perceived a bargain and bid upward, and any price above rental parity would be perceived as too high, and there would be no bid interest. Of course, we all know that people are not indifferent; in fact, they can become very emotional about buying and selling real estate. When they participate in a market, they get caught up with the herd and move prices without regard to fundamentals; short-term price movements become accepted as the market’s long-term trajectory. Trees really can grow to the sky.

Rental parity becomes a baseline — a fundamental. Prices are loosely tethered and may depart for long periods, but prices always manage to return to rental parity in time because as a logical point of indifference; it is the natural resting point for a market purged of kool aid intoxication.

Rents Capture Premiums

Rental Parity provides a useful measure of desirability and premium. When people are deciding between renting and owning and comparing costs (you all do that now, right?), some will chose to rent and some will chose to buy. Both parties are going to take a portion of their income and go obtain housing in their own way. Neighborhoods with high rents will have high home prices, and neighborhoods with high home prices will have high rents. The intrinsic desirability will be mirrored in the rental and for sale markets.

Applying Rental Parity

Rental Parity is a guideline for value, but this number can be refined to adjust for some of the intangibles of ownership — good and bad.

Each property is evaluated to determine its
desirability as a long-term residence — this is an opinion; it is not a mathematically provable. If
the best properties in the entire market would rank a 1, and if the
very worst would rank as a 5.
The little green dot represents a subjective evaluation of a property.

The black dots represent different important price points every
buyer should be aware of. The first is the “value,” if you want to call
it that, of comparable sales in the market. This has nothing to do with
cashflow, and it is based totally on what people are currently paying
for similar properties in the market. The
Comparable Sales Value floats up and down this chart based on whatever
people are currently paying.

The next black dot on the list is the asking price. This can also be
just about anywhere. The frequent WTF listing prices I profile here
would be off the top of the chart. Some short sales are priced well below comps to attract attention.

The next black dot on the list is the Maximum Cashflow value of the property. Do you remember the post, Investment Value of Residential Real Estate?
As I described in that post, there is a legitimate
financial reason to pay more than rental parity for blue-chip
properties a buyer plans to own for 10 years or more. This is not a
large premium over rental parity. The calculations in that post
demonstrate you can pay up to 10% more than rental parity on a
long-term hold because you obtain the benefit of the inflation hedge.
This is not a price point for homes you know you will want to move up
and out of in a few years.

The next black dot on the list is Rental Parity.

The zone between rental parity and cashflow investor levels is the
gray area where all the less desirable properties fall. This would
include most condos, any two-bedroom properties and what are commonly
known as “starter homes.”

The final black dot is the cashflow investor level. This is the
price point where an investor can acquire a property, rent it out, and
turn a monthly profit from owning the property. This is the bottom of
the line for Irvine properties, and it is usually about 25% below
rental parity.

The final number on the chart would be those properties nobody wants
to live in. Does everyone remember Dr. Housing Bubble’s series Real Homes of Genius? Those are the properties I am talking about. What they really need is a bulldozer.

Moving Beyond Rental Parity

Are their influences on the prices of homes beyond income and rent? Are there properties, neighborhoods or communities where money is stored like a reservoir, and values are sustained at levels not justified by incomes?

I have been contemplating the disparity between home prices and incomes in areas like Malibu to see if there really is something that makes certain neighborhoods or certain properties conform to a different set of rules.

In areas like Malibu where there are many cash buyers, prices are determined more by the wealth of a few than the income of the many. Any times you get truly unique properties of very high quality, and the people competing to own them are not wage earners, they are people of great wealth who see something they want. They are bidding on percentages of their net worth rather than percentages of wage income.

When the disparity of wealth sees a shift toward wealth concentration (our recent governmental policies have favored wealth concentration), special properties in a place like Malibu get bid up to very high prices. The prices go so high because the people bidding have very large fortunes. For some of these people, a $20,000,000 house is a small fraction of their holdings.

The implication is that real estate in places like Malibu will be subject to fluctuations in the general pool of wealth in society. Since deflation has ravaged people’s investments, real estate will likely fall in equal measure.

That is all very interesting for Malibu, but Irvine is a working-class city where property values are largely determined by income. Is there any stored wealth in real estate here?

Uniqueness and Quality

There are only two things that creates the capacity to hold wealth beyond cashflow value in real estate; uniqueness and quality. To illustrate the value-adding feature of uniqueness, I thought I would share with you a great scene from an episode of Star Trek The Next Generation. Commander Data, a one-of-a-kind android, has been taken hostage by a wealthy collector who is obsessed with unique objects.

Clip is 5:00 in the video, or click the link below; it is at the right starting point.

The Most Toys — Star Trek The Next Generation

Uniqueness adds value. Wealthy people will compete with one another to obtain unique items, and they are not subject to pressures of financing. When you enter the realm of unique properties, you abandon ideas of Rental Parity.

If something is unique, substitutes are limited. An architect designed mansion on the beach is completely unique, and there is a limited number of comparable properties. When you see properties like the Hearst Castle, there simply are no comparables. In Irvine, there are few unique properties; most properties have many close comparables. Many floorplans are duplicated around town, and properties with comparable sizes and configurations are everywhere. Most of Irvine is an undifferentiated mass.

Quality adds value. Donald Trump, whatever you may think of the man, always strived to create the highest possible quality in his product, even if the pricetag was beyond ridiculous. Most people think pergraniteel is adding quality; it isn’t. Pergo wood flooring is imitation wood, and nothing of quality stands in imitation. Quality is not cheap. Most attempts at quality end up as over-improvements and return less value than cost. There are some very high quality, unique properties in Irvine, mostly in Shady Canyon because it is the only neighborhood where lots are big enough to create unique estates.

Reservoir of Value

Real estate can be a reservoir of value. When properties are unique and of very high quality, the wealthy become interested in possessing them, and prices become based on wealth rather than income. These properties are few and far between. Irvine is not a community where homes will be a tool of the wealthy. Our real estate is simply not that unique, and it is generally not at exceptional levels of quality. That doesn’t mean individuals in Irvine do not store wealth in real estate. Anyone who pays down their mortgage and enjoys appreciation from wage growth can accrue a substantial nestegg. The value of that nestegg in Irvine will always be determined by local wages not by the buying and selling of the very wealthy.

34 Coldbrook   Irvine, CA 92604  kitchen

Asking Price: $1,425,000

Income Requirement: $356,250

Downpayment Needed: $285,000

Purchase Price: $875,000

Purchase Date: 7/14/2000

Address: 34 Coldbrook Irvine, CA 92604

Beds: 4
Baths: 3
Sq. Ft.: 3,400
$/Sq. Ft.: $419
Lot Size: 7,210

Sq. Ft.

Property Type: Single Family Residence
Style: Traditional
Stories: 2
View: Hills, Lake, Mountain
Year Built: 1979
Community: Woodbridge
County: Orange
MLS#: S581546
Source: SoCalMLS
Status: Active
On Redfin: 5 days

Picture yourself hosting friends and family in this beautiful, large
home with views of the Woodbridge North Lake from almost every room.
Entertainer’s back yard with pool, spa and expansive wood and concrete
decks. Roomy master suite with vaulted ceilings, sitting area and
balcony overlooking the pool. Beautifully appointed formal living and
dining rooms with hardwood floors and fireplace with custom mantle.
Expanded kitchen with breakfast nook and counter. Huge upstairs bonus
room with brick fireplace. Downstairs bedroom/office with adjacent 3/4
bathroom. Large laundry room with sink. Crown molding, updated doors,
windows and baseboards. Intercoms in most rooms. Many parts of home are
wired for audio from the entertainment center. Inside the loop location
just steps from lake, tennis club and swimming lagoon. Walking distance
to elementary, middle and high schools. *** No Mello Roos / Low HOA
dues ***

This must be the most entertaining property in Irvine.

Today’s featured property is very desirable. Finishes have been upgraded to the pergraniteel level, it has a private pool, and there is a view of the lake — albeit sideways. There are fewer substitutes for this property because of some unique features, but there are also some substitute houses that are superior (how about the homes right on the water?) It’s cashflow value is probably around $1,000,000. Is there $425,000 in uniqueness and quality here? Is the $1,425,000 price justified?

1997

What was the housing market like in 1997 at the bottom of the last price crash? Will history repeat itself?

199 Pineview   Irvine, CA 92620  kitchen

Asking Price: $245,000

Address: 199 Pineview Irvine, CA 92620

{book3}

This fed time outta town pie flipper
Turn cristal into a crooked I sipper
Everbody want to be fast, see the cash

Can’t Nobody Hold Me Down — Puff Daddy

Is the FED working to feed flippers? Everybody wants to get that fast money…

I have written about the bottom of the market on a number of occasions including: The Market Bottom Is Not a Price Point, The Market Bottom and Fundamentals at a Market Bottom. Today I want to take a more detailed look at the market conditions present last time and extrapolate those conditions to today.

Irvine Home Price History

What were the market conditions in 1997 at the last market bottom?

  • The market peaked in the spring of 1990 at $245,000. In early 1997, the median was $223,750. It dropped for 7 consecutive years (The data series is a bit noisy, but the lowest low was recorded at $192,750 in May of 1994).
  • There where bear rallies almost every year similar to what we are seeing now.
  • The median household income was $62,022.
  • The median home price was $223,750.
  • Mortgage interest rates were at 7.6%. Rates had been steadily falling since 1982.

If a borrower puts 20% down on a $223,750 home, they are putting $44,750 down and borrowing $179,000. The payment on $179,000 at 7.6% interest is $1,263.87. This amount represents 24.4% of the median household’s $62,022 income.

Think about that: in 1997, a family making the median household income could buy a median home with a payment that was less than 25% of their income.

One of the erroneous contentions real estate bulls have made over and over again is that the median household income could never buy a median home. That is simply nonsense.

Twenty percent down was the norm in 1997, but what about the first-time buyers who were only putting 3% down with an FHA loan? They would have put down $6,712, borrowed $217,037, and they would have had a payment of $1,532. This payment would have been 29.6% of their income. By any standard, houses were affordable in 1997.

So what would these same market conditions which prevailed in 1997 look like today?

If a family making the median household income were to put 24.4% of a $91,101 income toward a payment, they could make a payment of $1,852.39. That payment would finance $335,452. A 20% downpayment of $83,864 combined with the $335,452 loan would yeild a median home price of $419,316.

If the people in 2009 were putting the same percentage of their income toward housing as those who bought in 1997, the median home price in Irvine would be $419,316.

House prices did not go up by magic. People were utilizing crazy loan products that allowed them to borrow unbelievable sums, and they stretched beyond the limit to borrow these massive sums. The collapse of these loan products has already resulted in a huge decline in borrowing. People are still stretching to an insane degree and putting very large downpayments to keep our median at $550,000. As those with large downpayments spend themselves, and as people stop stretching to buy depreciating assets, the median will continue to fall.

Keep in mind that the $420,000 median we should be seeing is only supported by artificially low interest rates. As I described in Real Estate’s Lost Decade, if interest rates go back up to their historically stable levels of near 8%, the amounts financed drop even further.

What would happen if incomes were to remain flat and interest rates were to rise to 8% by the summer of 2011? (This probably will not happen, but it could.) Using all the same parameters and an 8% interest rate yields a median home price of $315,561.

  • If you knew the median household income went up about 50% from 1997 to 2008 ($62,000 to $91,000), wouldn’t you suspect house prices would also have gone up 50% ($223,750 to $335,625)?
  • Is it logical to think house prices can go up more than incomes?
  • How are people capable of bidding up house prices higher than their incomes would allow?
  • If lending standards retreat to 1997 standards (which they have), shouldn’t the relationship between income and price also mirror 1997 characteristics?

When I was interviewed recently at the Irvine Homes Blog (Blogger: Irvine housing market nowhere near bottom), I said that I believed the Irvine median would bottom near $375,000, particularly if interest rates rose to 7%-8%. When you look at the math, and look at the history, the crazy number that I threw out looks reasonable and even conservative.

{book3}

A year in review: 1997.

2 Silveroak Irvine, CA 92620, Sold $302,500, Price: $1,039,900

3 Shadowglen Irvine, CA 92620, Sold $517,000, Price: $1,399,000

14 Crestwood Irvine, CA 92620, Sold $358,500, Price: $1,250,000

15182 Marne Cir Irvine, CA 92604, Sold $274,000, Price: $788,000

166 Oval Rd #4 Irvine, CA 92604, Sold $97,000, Price: $299,900

5 Highland Vw #8 Irvine, CA 92603, Sold $175,000, Price: $499,000

199 Pineview   Irvine, CA 92620  kitchen

Asking Price: $245,000

Income Requirement: $61,250

Downpayment Needed: $49,000

Purchase Price: $98,500

Purchase Date: 11/12/1997

Address: 199 Pineview Irvine, CA 92620

Beds: 1
Baths: 1
Sq. Ft.: 932
$/Sq. Ft.: $263
Lot Size: 763

Sq. Ft.

Property Type: Condominium
Style: Other
Stories: 2
Floor: 1
View: Lake, Pond
Year Built: 1977
Community: Northwood
County: Orange
MLS#: S579050
Source: SoCalMLS
Status: Active
On Redfin: 18 days

Affordable Resort-Style Living. Two-story townhome (no one above or
below) nestled in a tranquil environment overlooking lake, stream, and
mature trees. Premium private location, best in tract with unobstructed
views. Open floor plan with vaulted ceilings. Generous living room with
fireplace, open to cozy dining area. Large bedroom loft with full bath.
Beautiful lakeside patio. Spacious laundry/storage room with washer and
dryer hookups. Move-in condition, with brand new carpet and modern
ceramic tiles throughout. Association features pools, hot tubs, tennis
courts, and is within walking distance from shopping, parks, and
schools.

nestled and cozy… I feel all warm and tingly…

This property was purchased on 11/12/1997 for $98,500. The owner used a $95,150 first mortgage and a $3,350 downpayment. He never refinanced nor took out any HELOCs! If he gets this asking price — which doesn’t seem very likely — he will make $131,800 after a 6% commission.

{book2}

I profiled this second property recently in the post The Lenders Are The Market. It was also a 1997 purchase, so I am repeating it here today.

228 Orange Blossom

Asking Price: $130,000

Income Requirement: $32,500

Downpayment Needed: $26,000

Purchase Price: $62,500

Purchase Date: 10/29/1997

Address: 228 Orange Blossom #34, Irvine, CA 92618

Beds: 1
Baths: 1
Sq. Ft.: 471
$/Sq. Ft.: $276
Lot Size:
Property Type: Condominium
Style: Other
Stories: 1
Floor: 1
View: Creek/Stream
Year Built: 1976
Community: Orangetree
County: Orange
MLS#: F1786080
Source: SoCalMLS
Status: Active
On Redfin: 275 days

Charming end unit. Lower level one bedroom with full bathroom and
kitchen. Inside laundry. Living room and patio area overlooking water
stream and soothing sounds of a waterfall. 1 car port. Association has
pool, spa, tennis courts and clubhouse. Excellent location next door to
Irvine Valley College. Near 5 and 405 Freeways, Irvine Spectrum
Entertainment Center, Business District, Shopping. Located in Building
# 12.

This property was a classic “put” to the bank. The owner paid $62,500
on 10/29/1997 using a $35,000 first mortgage and a $27,500 downpayment.
She only borrowed against the property once during the bubble taking
out a $20,000 loan in late 2003—that is until 7/23/2007 when she took
out a $212,000 first mortgage. Her timing was great because two weeks
later the credit crunch hit, and financing these properties became
significantly more difficult.

So which owner do you think was wiser? The one who did not HELOC the property stands to make a smaller profit, but he will retain good credit. Or do you think it is the owner who HELOCed every penny out of the property and walked away was wiser?

The Bailout for Prodigious Spenders

Bailouts are rescuing the irresponsible at the expense of the prudent, or so we all believe. But didn’t the prudent benefit from the Great Housing Bubble as well?

34 Blazing Star   Irvine, CA 92604  kitchen

Asking Price: $654,000

Address: 34 Blazing Star, Irvine, CA 92604

{book}

Glenn Beck on the Housing Bubble

Today we have a guest author, Dejnov. It is good to get differing perspectives and points of view, and I don’t mind taking a break once in a while. So, with that introduction, the IHB presents:

The Bailout for Prodigious Spenders by Dejnov

In numerous housing blogs, there is a current pervasive meme circulating about how responsible prudent renters, to their own personal detriment, are being forced to bailout the spendthrift homeowners. Like Aesop’s fable of the ant and the grasshopper, the industrious ant worked long and hard every day to build a nest egg for the long winter months approaching, while the carefree and lazy grasshopper frittered away the summer days. When winter approached the ant was comfortable knowing that he had enough stores to last until the next summer, while the grasshopper found himself starving. The grasshopper, or homeowner and equity spender, decides to ask the ant, a renter and saver, for charity to help him weather through the winter months. Depending on the version of the fable the grasshopper either is personally rebuked by the ant for his laziness and allowed to starve, the ancient version, or has pity shown upon him by the ant and allowed to weather the winter within the grasshopper’s home, the current Christian version.

Currently, the general consensus on housing related blogs is that a third more sinister version is occurring. The grasshopper, through political influence, has his crony banker buds forcibly steal enough of the ant’s nest egg to make himself whole. While the current news about endless bailouts seems to imply such a schadenfreude inspiring situation, I think that the analogy is incorrect, and given the current situation a different, fourth ending, to the story might actually be occurring; one where the ant wins, and the grasshopper, even with bailouts, loses.

To fully understand the future outcome, the summer months must first be analyzed. During the late 90s and early 2000s our economy enjoyed huge expansions in credit and leverage, with many people being able to assume debt-to-equity and debt-to-income ratios far above what was earlier considered prudent and standard. This allowed house prices to rise and home owners to extract their nominal equity gains through loans and spend that money freely. With credit (and leverage) ratios expanded every year and required equity amounts reduced, those who owned tangible assets saw their net worth increase yearly, while those who had no large tangible asset base didn’t. But this is all old news, and has been stated ad infinitum in many housing blogs. The basic premise is that leverage only helped those with assets and hurt or hindered those who didn’t. The reason such an idea is so pervasive is that it’s easy to quantify and calculate. Houses, and to a lesser degree stocks, are the single largest identifiable line items on an American’s balance sheet. Net worth growth due to house (stock) appreciation is currently tracked by endless agencies and investors. Whole sell-side industries continuously shill about the large appreciation and net worth growth that occurred to help sell their products.

While the earlier assertion is somewhat true, leverage has also helped less asset-heavy Americans’ balance sheets. Karl Denninger on the Market Ticker had a great article about leverage (http://market-ticker.denninger.net/archives/865-Reserve-Banking.html). Leverage is, inherently, not a financially ruinous concept and something to be avoided at all costs. If used prudently, it reduces interest expenses and allows savers to annually save a larger percentage of their earnings. High bank leverage rates for the last ten to fifteen years allowed Americans to finance zero-interest loans on cars, access student loan credit at near or below long term inflation rates, get zero-interest short term credit card loans, and allowed the government to reduce the overall tax burden. From 1987 till today, the top bracket on income tax has never been more than 40% and has been as low as 28%. A comparative look at the history of federal income tax in the 1900s shows that for most of this time, top bracket tax rates were much higher than what we’ve seen in the last twenty years (http://en.wikipedia.org/wiki/Income_tax_in_the_United_States). In the last century top tax brackets have been as high as 91% to 94%. The same holds true for capital gains tax rates.

So what does this all mean for our hard-working exploited ant? Whatever he was earning, he got to keep more of it. He had to pay less in taxes, and all of life’s interest expenses were cheaper. A strong saving ethic would have been amply rewarded in this climate. While it might not have been prudent to invest all of one’s excess returns in either housing or stocks, someone who diversified his investments and held money in a savings account has done well. Granted, interest payments on a savings account have been pitiful (in some instances near zero), there hasn’t been any loss of capital, and long-term financial security was never more possible to achieve. The last ten to fifteen years have allowed responsible thrifty consumers and strong savers the potential to grow positive balance sheets by reducing their incidental and financing costs.

“Well that might be true,” states the ant, “I’ve done moderately well these days. But it’s nothing like how the grasshopper has done. I mean he’s completely blown past me in net worth. Look at his house, with the pergraniteel, the Bentleys and Lexuses in his garage, and all the fancy leather furniture he’s got. I myself just rent an apartment and drive an eight year old Pinto.”

“Pssst, hey ant, don’t forget all the MEW-funded bling-bling I bought for the SigO” chimes the grasshopper!

There hasn’t been any contention that the grasshopper has lived a more consumption-conspicuous lifestyle. What really is the issue, currently, does the grasshopper with bailouts, actually have more resources than the ant to survive the onset of winter? The winter I’m referring to is the ongoing credit deleveraging and subsequent contraction in pay, jobs, car/house prices, prices on everything else, etc. A current wonkish paper (The Wealth of the Baby Boom Cohorts After the Collapse of the Housing Bubble) by Rosnick and Baker tries to elucidate on the current state of affairs.

The last accurate measurement of net wealth was completed in 2004. Well it’s currently 2009, how are we doing now. Rosnick and Baker answer unequivocally: “badly.” Net wealth for baby boomers cohorts (ages 45 to 54 and ages 55 to 64) is significantly down, with the younger cohort’s median net wealth down by 45% and the older cohort’s median net wealth down 38%. But what is more surprising, and pertinent to this article, is their finding that over all wealth quintiles and age cohorts, those who were renters in 2004 currently have a greater net worth than those who were owners in 2004. In some cases, the renters have a lot more net worth. Even with the great run-up in home equity after 2004 until 2008, a little over a year of losses has put house-owners into a worse financial position than renters. That’s a somewhat contrarian conclusion. For many years, the real-estate shills have espoused how owners, through owning real estate, are a more capable and financially secure class of people than renters. Presently, this doesn’t seem to be the case for baby-boomers.

While Rosnick’s and Baker’s paper considers only baby boomers net wealth (we’ll have to wait until next year for a more accurate assessment of how everyone is doing) there are a number of inferences that can be made.

First, wealth loss has been greater for those who are younger. Older generations typically have a larger net worth, higher paying jobs, stronger job security, and less financial leverage, while younger generations are saddled with student loans, larger loan balances on their mortgages, and starter careers.

Secondly, as one ages typically the more intransigent one becomes. Baby boomer renters, with their ample time to accumulate wealth, rent for one of two reasons. They could never qualify for home ownership (which seems a historic impossibility given the conflux of option ARMs and Alt-A loans pervasive around 2004) or were accustomed to renting instead of owning. If it’s the former, the renting cohort is represents a less financially stable, creditworthy group; if it’s the latter, the cohort has the same financial strength as a typical homeowner, but chose not to rent for a different reason. That reason most likely was real estate’s inflated price in 2004.

Lastly, Rosnick’s and Baker’s estimated the average price loss on houses from 2008 till the end of 2009. They initially estimated that real estate prices would decrease between 10% and 28% (depending upon market severity), but had to revise their estimates for a loss between 21% and 33% to reflect current trends. This brings up an interesting situation. At the end of this year, irrespective of the wealth quintile, cohort, financial situation, or house loss estimate, baby boomers who owned properties are less wealthy than those who rented. This also includes all prior bailouts to date. Maybe the grasshopper’s banker buddies aren’t so friendly after all? If the present downturn in housing doesn’t end this year, what does the current situation portend for Americans’ future balance sheets?

To date, the ant’s lifestyle choices haven’t actually impaired him, while the grasshopper’s has, but what about the future? What happens when the grasshoppers start to foment rebellion and earnestly petition their representatives in Congress to strong-arm help from the ant? After all, they are the voting majority and wield much more political muscle than the lowly ants.

In the near future there will be a lot of policies and laws that will help coerce a large majority of house owners into recourse loans that will destroy this cohorts long term wealth. Housing represents the largest line item on the majority of Americans’ balance sheets and to have such a large negative interest rate and loan amount will have profound effects on Americans thirty years from now. While the data just two years into the housing crash already shows renters wealthier than owners, twenty years from now the difference in wealth will be even larger. This will mostly be due to the large amount of positive equity that renters have accumulated and will subsequently loan to owners for an increased risk premium (interest rate).

Commentary from IrvineRenter

I agree that renters also benefited in as much as everyone benefited
from the economic prosperity of the bubble. I don’t think people really
dispute that. The question is one of degree. Owners received huge
financial benefits and lifestyle benefits by owning and borrowing and
spending their equity. This benefit was many orders of magnitude higher
than the benefits renters received from the economic expansion caused
by all the homedebtor spending.

Now that the crash is on, the losses
are not typically being borne by homeowners because they are walking
away from the bills and leaving it for lenders and taxpayers to pick up
the tab. In the end, the benefit to renters during the bubble will be
wiped out by the increased tax burden caused by the collapse, whereas
the benefits of the homedebtors will not be fully erased by the same
collapse. Homedebtors may look worse on paper because many will be
penniless, but they will have years of memories of rampant consumerism
that cannot be taken away.

In the end, renters will come out ahead
financially because they were never given free money to spend, so they
never got used to the spending, and they did not have to endure
foreclosure and bankruptcy; however, former owners will have the
memories of the trips, big houses, fancy cars and other perks of free
money that renters never got to enjoy. Personally, I am glad I am in
the renter camp, but sometimes I wonder if the party would have been
worth it; so do many other renters.

34 Blazing Star   Irvine, CA 92604  kitchen

Asking Price: $654,000

Income Requirement: $163,500

Downpayment Needed: $130,800

Purchase Price: $740,000

Purchase Date: 3/16/2004

Address: 34 Blazing Star, Irvine, CA 92604

Beds: 4
Baths: 3
Sq. Ft.: 2,600
$/Sq. Ft.: $252
Lot Size: 5,400

Sq. Ft.

Property Type: Single Family Residence
Style: Contemporary
Stories: Split-Level
View: Park or Green Belt
Year Built: 1975
Community: El Camino Real
County: Orange
MLS#: S580111
Source: SoCalMLS
Status: Active
On Redfin: 3 days

Located accross from the park. Cathedral ceilings in the living and
dining room. Granite countertops in the kitchen. Family Room has two
bedrooms built in the space and are not permitted in tax assessor
informaiton. Sold as is. Located close to all schools. One bathroom on
lower level, two bathrooms upstairs. Pool and spa have a removable
child safety fence.

informaiton?

  • This property was purchased on 3/16/2004 for $740,000. The owner used a $592,000 first mortgage and a $148,000 downpayment.
  • On 10/26/2004 he opened a HELOC for $87,000.
  • On 6/23/2005 he opened a HELOC for $125,700.
  • On 8/23/2005 he refinanced for $735,000 with an Option ARM with a 1.9% teaser rate.
  • On 10/28/2005 he opened a HELOC for $140,000.
  • Total property debt is $875,000 assuming he maxed out the HELOC.
  • Total mortgage equity withdrawal is $283,000 including his downpayment.

The property went into default, and IndyMAC bought it at auction for $619,742.

Foreclosure Record
Recording Date: 11/07/2008
Document Type: Notice of Sale (aka Notice of Trustee’s Sale)
Document #: 2008000524952

Foreclosure Record
Recording Date: 07/07/2008
Document Type: Notice of Default
Document #: 2008000323207

Foreclosure Record
Recording Date: 05/22/2008
Document Type: Notice of Default
Document #: 2008000244983

If this sells for its asking price, and if a 6% commission is paid, the total loss to IndyMAC/FDIC/US Taxpayer will be $260,240.

How do you feel about paying for that? Is the fact that we may have extracted some benefit from this behavior enough to make you feel better about it?

The Santa Claus Bailout Hearings

Regulatory Solutions to Prevent the Next Housing Bubble

In The Great Housing Bubble, I outlined both a A Free-Market Solution to Prevent Housing Bubbles and a regulatory solution to do the same. Today, we will explore a potential regulatory solution.

62 Fringe Tree kitchen

Asking Price: $600,000

Address: 62 Fringe Tree, Irvine, CA 92606

IHB Party 6-30-2009 at JT Schmids at the District

An eye for an eye;
Well before you go under…
Can you feel the resistance?
Can you feel the thunder?

Lunatic Fringe — Red Rider

Regulatory Solutions

The regulatory solution proposed herein is simple, yet far
reaching. It comes in two parts, the first is to limit the amount lenders can
loan to borrowers with a rather unique enforcement mechanism, and the second is
to increase the penalties for borrowers who commit mortgage fraud. The
following is not in legalese, but it contains the conceptual framework of
potential legislation that could be enacted on the state and/or federal level.
A detailed discussion of the text follows:

Loans for the purchase or
refinance of residential real estate secured by a mortgage and recorded in the
public record are limited by the following parameters based on the borrower’s
documented income and general indebtedness and the appraised value of the
property at the time of sale or refinance:

1. All payments must be calculated based on a 30-year
fixed-rate conventionally-amortizing mortgage regardless of the loan program
used. Negative amortization is not permitted.

2. The total debt-to-income ratio for
the mortgage loan payment, taxes and insurance cannot exceed 28% of a
borrower’s gross income.

3. The total debt-to-income of all debt obligations cannot
exceed 36% of a borrower’s gross income.

4. The combined-loan-to-value of mortgage indebtedness cannot
exceed 90% of the appraised value of the property or the purchase price,
whichever value is smaller except in specially sanctioned government programs.

Any sums loaned in excess of
these parameters do not need to be repaid by the borrower and no contractual provision
is permitted that can be interpreted as limiting the borrower’s right to
exercise this right, make the loan callable or otherwise abridge the mortgage
agreement.

This
last statement is the most critical. This is how the enforcement problem can be
overcome. Regulators are pressured not to enforce laws when times are good, and
decried for their lack of oversight when times are bad. If the oversight
function becomes a potential civil matter policed by the borrowers themselves,
the lenders know exactly what their risks and potential damages are. Any lender
foolish enough to make a loan outside of the parameters would not need to fear
the wrath of regulators, they would need to fear the civil lawsuits brought by
borrowers eager to get out of their contractual obligations. If any borrower
could obtain debt forgiveness by simply proving their lender exceeded these
guidelines based on the loan documents, no lender would do this, and regulatory
oversight would be practically unnecessary. One key to making this work is to
prohibit lenders from introducing a “poison pill
” to the loan documents that would make borrowers hesitant
to bring suit, otherwise lenders would make their loan callable in the event of
a legal challenge forcing the borrower to refinance or sell the property.
Basically, if the borrower brought suit and won, they would see principal
reduction equal to the deviation from the standards, if they brought suit and
lost, they would have no penalty. Most of these cases would be decided by
summary judgment based on a review of the loan documents thus minimizing court
costs.

Another
pillar to the system is the documentation of income as part of the loan
document package – the “borrower’s
documented income”
from the proposed legislation. One of the most egregious
practices of the Great Housing Bubble was the fabrication of income by
borrowers that was facilitated and promoted by originating lenders. Stated-income
loan programs were widespread, and they were the cause of much of the
uncertainty in the secondary mortgage market
during the initial stages of the credit crunch in the deflation of the bubble.
Basically, investors had no idea if the borrowers to whom they had lent
billions of dollars were capable of paying them back. Without proper documentation
of income, investors lost all confidence in the secondary mortgage market. Stated-income
loan programs were one of the first casualties of the credit crunch. These
programs should be eliminated totally due to the inherent potential for fraud
and the undermining of confidence in the secondary mortgage market
stated-income
loans create. If
lenders can be sued based on the content of the loan documents, and if
borrowers can be fined or go to jail for committing fraud or misrepresentation
on loan documents, both parties have strong incentive to prepare these documents
completely and correctly. Originating lenders will argue this adds to their
costs and will result in higher application fees. The amount in question is
very small, particularly relative to the dollar amount of the transaction. A
small amount of additional expense here will provide huge benefits by assuring
investors the borrowers to whom they are loaning money really have the income
to pay them back. The benefit far outweighs the cost.

If such
a law were passed, agency interpretation and court case precedents will end up
defining adequacy in loan documentation. A single W2 does not establish a work
history, but 2 years worth is probably excessive documentation. One of the most
contentious areas will likely be documenting the income of the self-employed. In
theory, the self employed must document their incomes to the US government
either through Schedule C reports or corporate K-1s. The argument the
self-employed have traditionally made is that these documents understate their
income. Since many self employed take questionable tax deductions, there is
probably some truth to the claim that tax records understate their income;
however, why should the self-employed get to have both benefits? If the
self-employed had to use their tax returns as loan documentation, they probably
would not be quite so aggressive in taking deductions. A new business without a
tax return or with only one year of taxable receipts probably is not stable
enough to meet standards of income necessary to assume a long-term debt.

The
poor quality of loan documentation during the bubble was a mistake of
originating lenders; therefore, in this proposal much of the burden of
paperwork and liability for mistakes falls on the lenders. During the deflation
of the bubble, lenders
paid an enormous price for some of their lax paperwork standards, but much of
the problem was also due to borrowers misrepresenting themselves in the loan
documents. There were instances where lenders encouraged this behavior, but in
the majority of cases, the document fraud was perpetrated by the borrowers. The
only recourse available to a lender is a civil suit as there are few criminal
penalties associated with loan documentation and almost no enforcement. It can
be very difficult and costly for lenders to pursue civil damages, and few
lenders attempt it even when they have a strong case. To create a more balanced
set of responsibilities, the borrowers must face criminal penalties for fraud
and misrepresentation on loan documents. If borrowers know the lender can turn
documents over to a prosecutor who will charge the borrower with a crime if
they make false material statements, borrowers will be much less likely to
commit these acts.

The
parameters of the forming limitations on the debt-to-income
ratio and combined-loan-to-value are essential to
prevent bubbles in the housing market and to prevent the banking system from
becoming imperiled in the future. People will commit large percentages of their
income to house payments when prices are rising quickly; however, they do this
out of fear of being “priced out” and greed to make a windfall from
appreciation
. These are the beliefs that inflate a bubble. Borrowers
cannot sustain payments above the traditional parameters for debt service
without either defaulting or causing a severe decline in discretionary
spending. The former is bad for the banks, and the latter is bad for the entire
economy. This must be prevented in the future. There are a number of reasons
why high combined-loan-to-value
lending is a bad
idea: it promotes speculation by shifting the risk to the lender, it encourages
predatory borrowing where borrowers “put” the property to a lender, it promotes
a high default rate because borrowers are not personally invested in the
property, it discourages saving as it becomes unnecessary, and it artificially
inflates prices as it eliminates a barrier to market entry. This last reason is
one of the arguments used to get rid of downpayment requirements. The
consequences of this folly became readily apparent once prices started to fall.

The
payment must be measured against “30-year
fixed-rate conventionally-amortizing mortgage regardless of the loan program
used.
” One of the worst loan programs of the Great Housing Bubble was the
2/28
ARM sold to large numbers of subprime
borrowers. These borrowers were often qualified only on their ability to make
the initial payment, and these borrowers were generally not capable of making
the fully amortized payment when the loan reset after 2 years. Regulations like
this would prevent a recurrence of the foreclosure
tsunami triggered by
the use of this loan program. It is also important to ban negative amortization
because it would allow the loan balance to
grow beyond the parameters of qualification, and it invites property
speculation. Perhaps borrowers would not be concerned because they would
receive debt forgiveness of the expanding balance. Lenders should be wary of
these loans after their dismal performance in the deflation
of the bubble, but
institutional memory is short, and these loan programs could make a comeback if
they are not specifically outlawed. This provision is careful to allow
interest-only loans. They are still a high-risk product, but an argument can be
made that these loans have a place, and there is no need to completely ban
them. They will not have a future as an affordability
product capable of
driving up prices if the borrower must still qualify for the fully amortized
payment.

For the
lending provisions to have real impact, they must apply to both purchases and
to refinances, thus the clause, “Loans
for the purchase or refinance of residential real estate.”
If the rules
only applied to purchases, there would be a tremendous volume in refinances to
circumvent the regulations. The caps on debt-to-income
ratios, mortgage
terms and combined-loan-to-value
only have meaning if
they are universally applied. The combined-loan-to-value
standard is based on
the “appraised value of the property at
the time of sale or refinance.”
The new appraisal methods will have impact
here. It is important that the records need only be accurate as of the time of
the transaction. If a borrower experiences a decline in their income or if the
property declines in value to where they no longer meet the loan standard, it
does not mean they can go petition for debt relief.

The
regulations would only need to apply to loans “secured by a mortgage and recorded in the public record.” People
can still borrow money from any source they wished as long as the lender knows
they will not have any claim on residential real estate. If a lender wanted to
issue a loan secured by real estate outside of the outlined standards, the
borrower would not have to pay back that money. If a borrower has non-recorded
debts which create a totally indebtedness requiring more than 36% of their
gross income, they would not be eligible for a home equity
loan even if they met
the other qualifications. In such circumstances, it is better to limit
borrowing than increase the probability of foreclosure
.

Many
states have non-recourse
laws on their books. These
laws serve to protect the borrower from predatory lending because the lender
cannot go after other assets of the borrower in the event of default. In theory
this should make lenders more conservative in their underwriting; however, the
behavior of lenders in California, a non-recourse state, during the Great
Housing Bubble was not conservative. These laws do serve to protect borrowers,
and they should be enacted for purchase-money mortgages in all 50 states.

Since
one of the goals of regulatory reform is to inhibit the behavior of irrational
exuberance
, the sales tactics of the
National Association of Realtors
should be examined and potentially come under
the same restrictions as securities brokers through the Securities and Exchange
Commission. After the stock market crash which helped precipitate the Great
Depression
, Congress created the
Securities and Exchange Commission to regulate the sales activities of securities
brokers. There are strict regulations in place governing the representations
made concerning the future performance of investment opportunities. These
protections were put in place to protect the general public from the false
promises made by stockbrokers in the 1920s which many naïve investors believed.
The same analogy holds true for Realtors
. The National Association of Realtors has launched numerous
advertising campaigns suggesting erroneously that residential real estate is a
great investment and appreciation
will make home buyers
wealthy. The mantra of all realtors is that house prices always go up. There are
currently no limits to the distortions and outright lies realtors can tell
prospective buyers with regards to the investment potential of residential real
estate. Buyers are already prone to believe the fallacies of unlimited riches
in real estate, and these fallacious beliefs lead to housing bubbles. Realtors
should be prevented from making representations concerning the investment
potential of real estate. Since the regulatory framework for this kind of
regulation and oversight is already in place under the auspices of the
Securities and Exchange Commission, Congress would merely need to make Realtors
subject to these regulations in order to solve the problem.

The
result of these restrictions will be that all homeowners will have at least 10%
equity
in their properties unless they have borrowed
from a government program like the FHA
where the combined-loan-to-value can exceed the
limits. This equity cushion would buffer lenders from predatory borrowing and a
huge increase in foreclosures if prices were to decline. Home equity in the
United States has been declining since the mid 1980s, and it actually declined
while prices rose during the Great Housing Bubble due to the rampant equity
extraction. The lack of an equity cushion exacerbated the foreclosure
problem as many
homeowners who owed more on their mortgage than the house was worth simply stopped
making payments and allowed the house to fall into foreclosure.



In 2008 the National
Association of Realtors launched a commercial advertising campaign
claiming that residential real estate doubles in value every 10 years. Besides
the obvious inaccuracy of the claim, it is the kind of claim no stockbroker
would be allowed to make.

62 Fringe Tree kitchen

Asking Price: $600,000

Income Requirement: $150,000

Downpayment Needed: $120,000

Purchase Price: $671,000

Purchase Date: 1/19/2007

Address: 62 Fringe Tree, Irvine, CA 92606

Beds: 3
Baths: 3
Sq. Ft.: 2,200
$/Sq. Ft.: $273
Lot Size:
Property Type: Condominium
Style: Colonial
Stories: 3+
Floor: 1
Year Built: 2006
Community: Columbus Grove
County: Orange
MLS#: P691805
Source: SoCalMLS
Status: Active
On Redfin: 2 days

Great location,walking distance to the District for shopping,dining and
entertainment! This townhome has upgrades galore,including granite
counters,a kitchen island,and plantation shutters throughout! Come see
this deal of the summer!

This property was purchased on 1/19/2007 for $671,000. The owner used a $536,750 Option ARM first mortgage and a $134,250 downpayment. Basically, she cannot afford the place.

If this property sells for its asking price, and if a 6% commission is paid, the total loss will be $107,000. The owner’s credit will be saved, but most of her downpayment is lost.