High end home buyers are choosing to lease instead

With house prices falling, particularly at the high end, many of the wealthy are choosing to rent and wait out the storm.

Irvine Home Address … 52 FANLIGHT Irvine, CA 92620

Resale Home Price …… $1,190,000

I am, I'm too fabulous

I'm so, fierce that it's so nuts

I live, to be model thin

Dress me, I'm your mannequin

Fashion put it all on me

Don't you want to see these clothes on me

Fashion put it all on me

I am anyone you want me to be

Lady Gaga — Fashion

Renting is the latest fad. The rich are dumping their high end real estate and renting instead. Without house price appreciation, even the rich don't like to waste their money owning real estate. Prices at the high end are falling, and with large inventories both visible and shadow, prices will continue to fall.

Orange County asking prices by price range

Leasing is in fashion among wealthy house hunters

Niche data and anecdotal evidence point to a surge in high-end rentals. Instability in housing prices is one reason the rich are shying away from purchases.

Real estate agents have been hustling lately but not necessarily to sell homes. Instead, leasing is in vogue, particularly at the top of the price spectrum.

If phone inquiries are an indication, interest in leasing luxury homes is intense, said Justin Mandile, an agent in the Sotheby's International Realty office in Beverly Hills.

He and partner Mary Swanson received 10 to 15 calls a day for two months on a five-bedroom house in the Sunset Strip area priced at $3.5 million for sale or $10,000 a month to rent. After initially holding out for a sale, the owner recently accepted a short-term lease.

“Surprisingly, there are that many people looking for a $10,000 lease,” Mandile said.

The cost of ownership with a big loan would be about $20,000 a month. Not exactly a great cashflow deal, but some properties truly are special enough to command huge ownership premiums — not single-family detached homes in suburbia (see: Irvine). Unfortunately for this seller, there are too many special properties and not enough buyers who think they are that special.

No single clearinghouse tracks such data for all of Southern California, and many top-dollar leases are handled privately, away from the prying eyes of the public. Still, niche data and anecdotal evidence point to an upswing in upscale rentals.

Lease offerings priced at more than $10,000 a month were up 15% through the first part of April over the same period last year on the Combined L.A./Westside Multiple Listing Service, while those in the $7,500-to-$10,000 price range saw a 7% increase. OCHouseRentals.com, which specializes in luxury leases, reports that business has been brisk in Orange County as well.

“We're seeing increased leasing across the board — both luxury and non-luxury properties,” said Cary Hoffman, manager of Rodeo Realty's Encino office, which has more than 70 agents and listings from the Westside to the south San Fernando Valley.

Are people wising up to the renter's subsidy? When real estate prices aren't rising, it's much cheaper to rent high-end real estate than it is to own it. Wise rich people will chose to rent and let someone else be an owner who is subsidising their housing, particularly when prices are falling.

For instance, let's say you own a million dollar home like today's featured property where the cost of ownership is nearly $7,000 per month. This house, or one similar to it, could be rented for $4,500. If the price of the $1,000,000 property does not change, the renter saved $30,000 just in cost of living. If the value of the house also declines — as is happening at the high end — then the owner loses two ways. When you also take into account the fact that the renter got beneficial use of the property while the owner made huge payments and lost equity. I'd rather be the renter — at least until the market turns.

Underlying the activity in leasing is consumer uncertainty about the direction of housing, said Paul Habibi, a UCLA lecturer on real estate, investment and development.

“People want to wait to buy when they are sure there is a floor underneath the housing market,” Habibi said. “When government intervention pulls back, then we will see where the housing market really is.”

We are seeing where the housing market really is. Sales are weak and prices are down. The market is falling again because a natural bottom was not allowed to form the first time. We delayed the bottom two years, perhaps raised the bottom 15% to 20% locally, but we prolonged our agony to adjust to the reality of the housing crash.

Beyond the usual remodelers and divorcees, those seeking leases include people who can no longer qualify for mortgages.

The high end got hit last with the wave of foreclosures” and short sales, said Hoffman, who has been an agent for 29 years. “People coming out of those homes have to have a place to go.”

They may want to stay in the same school districts or close to familiar shops and businesses. For others, it's a matter of keeping up appearances.

“Some people who are losing $3-million homes are very happy, happy to lease for $10,000 a month because they want to still look like they are making it,” said broker Anita Rich, who oversees the Rich Group Keller Williams in Encino. “It's really important they still have an address that goes along with the lifestyle.”

Interesting that posers turn to renting when the housing ATM gets shut off. Perhaps that's a renter's buy signal? Be a poser contrarian.

Leasing still represents a relatively small segment of the market compared with sales, but it's not uncommon to see homes listed both for sale or lease these days, creating a safety net for the homeowner if the house doesn't sell right away.

Rich recently completed three leases for $8,000 a month and up. One was a Hollywood Hills three-bedroom listed for sale at $1.7 million or for lease at $12,000.

“They got a lease offer before an offer on a sale,” said Rich, who has 30 years of real estate experience.

Adding to the supply of lease houses are absentee owners and investors who haven't been able to sell and decide to take their for-sale homes off the market, put them up for lease and “sit out for six months or a year” or more, Rich said. “They don't want the perception that the property is getting stale or old.”

Other houses for lease are owned by people who purchased at the height of the market. The owners are keeping their homes and renting them out to cut costs.

Floplords are everywhere. The failed plan B of any speculator is to rent the property out. Only when they try this do they realize the ramifications of negative cashflow. If held long enough, the property may go up in value, but it may never recover the accumulate negative cashflow while the floplord waited for prices to go up.

“I know of several cases where people moved into other arrangements that cost them less,” UCLA's Habibi said.

Downsizing is the reason that restaurant owner Benny Borsakian gives for leasing out his primary residence.

He recently signed up a two-year tenant for his 4,400-square-foot home in Encino with the help of Rodeo Realty agent Carol Wolfe, who also represented the renter. His family grown, Borsakian no longer needs a house of that size.

“It's just me, my wife and a housekeeper,” he said.

Borsakian, whose house is nearly paid off, plans to re-evaluate the situation when the lease is up.

Although she doesn't agree with the thinking, Wolfe is seeing more potential sellers choose to be landlords rather than sell now. “They are going to hold on to the property longer and sell when the market is better,” she said.

Everyone's playing the housing market. It's a big casino where timing your position to flip from renter to owner and visa versa has a major impact on your financial well being.

It's a sentiment also being expressed on the part of tenants unsure that the housing market has hit bottom. Luc Vanhal, who is renting Borsakian's home, looked at four or five other places before settling on the Encino house.

The first-time leaser needed a place close to his children's schools but didn't want to buy another house. “Why make a huge commitment to something that's clearly not worth it right now?” said Vanhal, president of a direct marketing company.

In Orange County, Jay Gordon of OCHouseRentals.com recently leased out a house on Newport Beach's Lido Isle, where homes can cost from $3 million to $25 million, for $9,500 a month. “You'd spend twice that to live in the same exact area” if you bought, said Gordon, chief executive of the Laguna Beach company.

Renters are not worrying about losing money,” he said. “Leasing takes the guesswork out of where the market is going.”

lauren.beale@latimes.com

Was it all a dream?

What if prices grind lower for a decade or more here like they did in Japan?

Californians have come to believe their real estate market is truly magic. Prices go up at rates that far exceed inflation or wage growth enriching every home owner. If you own a house you have the potential for unlimited wealth and HELOC buying power for doing absolutely nothing. It is free money from the housing market gods.

Like a child outgrows magical thinking in their pre-teens, will Californians let go of their fantasies about real estate? Would a slow grinding decline squeeze the kool aid out of the California dream? The generation burned by the California housing market may continue to shun real estate just as a generation after the stock market crash of the 1930s stayed away from the stock market.

If the house doesn't provide the HELOC money to support an upscale suburban lifestyle, what's the point in the high price and huge payment?

If interest rates go up, HELOC money goes from being free to being very expensive. Falling interest rates to permit larger debts to be serviced with the same payment. Rising interest rates cause larger payments on the same debt.

Those people who come of of this recession with large debts need to hope the upcoming monetary inflation translates to higher wages. For those in the right industries, rising wages will enable them to at least tread water with their old debts. Those who are in stagnant industries, like real estate, may not see rising wages, and the upcoming inflation may make their debt service payments untenable, and many may be pushed into bankruptcy.

Was it all a dream? Will Californians realize their delusions about housing were all wrong? Or will the gold rush mentality of California's past stay alive and prompt a new generation to chase free money in the housing market? The market is always right, no matter how irrational it is.

A multi-generational house in Irvine

This property a semi-private room or casita for long-term guest stay or running a home business. There aren't many houses like this in Irvine, which is probably a good thing: I see the lure of staying home in Irvine. Many would probably never leave.

Peak buyers iin Woodbury are taking big losses to get out. The owners of today's featured property borrowed nearly the current asking price. After nearly 5 years of ownership, if they sell the property, they lose all their equity, and if they don't have other resources, it may become a short sale.

That's got to hurt.

Irvine House Address … 52 FANLIGHT Irvine, CA 92620

Resale House Price …… $1,190,000

House Purchase Price … $1,476,500

House Purchase Date …. 11/17/2006

Net Gain (Loss) ………. ($357,900)

Percent Change ………. -24.2%

Annual Appreciation … -4.9%

Cost of House Ownership

————————————————-

$1,190,000 ………. Asking Price

$238,000 ………. 20% Down Conventional

4.87% …………… Mortgage Interest Rate

$952,000 ………. 30-Year Mortgage

$215,793 ………. Income Requirement

$5,035 ………. Monthly Mortgage Payment

$1031 ………. Property Tax (@1.04%)

$450 ………. Special Taxes and Levies (Mello Roos)

$248 ………. Homeowners Insurance (@ 0.25%)

$0 ………. Private Mortgage Insurance

$105 ………. Homeowners Association Fees

============================================

$6,869 ………. Monthly Cash Outlays

-$1371 ………. Tax Savings (% of Interest and Property Tax)

-$1172 ………. Equity Hidden in Payment (Amortization)

$446 ………. Lost Income to Down Payment (net of taxes)

$169 ………. Maintenance and Replacement Reserves

============================================

$4,942 ………. Monthly Cost of Ownership

Cash Acquisition Demands

——————————————————————————

$11,900 ………. Furnishing and Move In @1%

$11,900 ………. Closing Costs @1%

$9,520 ………… Interest Points @1% of Loan

$238,000 ………. Down Payment

============================================

$271,320 ………. Total Cash Costs

$75,700 ………… Emergency Cash Reserves

============================================

$347,020 ………. Total Savings Needed

Property Details for 52 FANLIGHT Irvine, CA 92620

——————————————————————————

Beds: 6

Baths: 6

Sq. Ft.: 3649

$326/SF

Property Type: Residential, Single Family

Style: Two Level, Contemporary

Year Built: 2006

Community: 0

County: Orange

MLS#: S648953

Source: SoCalMLS

Status: Active

On Redfin: 52 days

——————————————————————————

Fabulous Mille Fleur plan 3, majestically sitting on a Cul-de-sac, this beauty offers 6 bedrooms and 6 1/2 bathrooms. main house has 5 bedrooms, each bedroom with their own bath and independent Casita with its own bath, ideal for in-laws, Teenagers, .. .Professionally designed landscaped and hardscaped, gorgeous brick steps with light collumns invites you in, Beautiful back yard with built-in BBQ and Bar. Rediscover passion in cooking in this grand gourmet kitchen with kitchen Island, granite counter tops and stone back splash and SS appliances. Just walking distances to Woodbury elementary school and Woodbury Town Center and to the Common. This is a must see.

Buyers shun short sales, too much time, uncertain outcome

Buyers often ignore short sale properties because the approval process takes too long and many deals fall through.

Irvine Home Address … 15 SAGE #41 Irvine, CA 92604

Resale Home Price …… $309,900

Sometimes, I get so tense

But I can't speed up the time

But you know, love,

there's one more thing to consider

Said woman take it slow

And things will be just fine

You and I just used a little patience

Guns N' Roses — Patience

Lenders, sellers, buyers, all are playing the patient waiting game. Lenders and sellers are waiting for prices to go up — which isn't going to happen as long as they need prices to go up because each needy sale prevents prices from appreciating. Buyers are also forced to be patient as lenders withhold product from the market they are afraid to sell because they know it would lower prices.

With everyone involved being forced to be patient, sales are near all-time lows, and the housing market languishes under the weight of distressed inventory.

Delays in Short Sales Frustrate Home Buyers

Short sales could accelerate the resolution of the housing crisis—if the process is streamlined by the big federal mortgage lenders

By Kathleen M. Howley

Charles Wright of Henderson, Nev., fell behind on his mortgage last year after a divorce squeezed his finances. He twice arranged to sell his house for less than its loan balance, a so-called short sale, only to see the buyers walk away because it took too long to get approval from the holder of the mortgage. “I couldn't even get a call back, never mind a yes or no,” says Wright, 30, whose loan was owned by Fannie Mae, the government-run mortgage-finance company. “Why make it so hard to sell when the alternative, foreclosure, means an even bigger loss for lenders?”

Good question. Thomas Popik, research director for Campbell Surveys in Washington, which conducts national monthly surveys of 3,000 real estate brokers, says more short sales could stem steep home-price declines. Although the home is sold for less than the mortgage in a short sale, it stays out of foreclosure, where the holder of the loan seizes the house and auctions it off at a steep discount to current value. “Any time a short sale can be substituted for a foreclosure, it's extremely good for the housing market,” says Popik.

Mr. Popik is wrong. Short sales do more damage to the housing market than foreclosures do. Let me explain.

Short sales are more damaging

I buy and sell foreclosures. The biggest market risk and uncertainty I face is the presence of short sales.

When I buy a foreclosure, the sale at auction is not considered by appraisers in the resale market. Since my auction purchase is all-cash, it is not considered indicative of resale market value. In short, foreclosures do not hurt resale market value unless and until they are resold on the MLS for less than current comps. Since most flippers are trying to maximize profits, they are trying to sell for the highest price they can get, so reductions from current comps are minimal. Short sales don't work the same way.

Short sales are a pain for buyers. They take forever to close, and there is no guarantee that the deal will close even after waiting months for the lenders to approve the sale. The only reason buyers go through the effort is because they either can't find other properties, or they expect a good deal for their patience. Short sales reset market values far more often than foreclosure resales do.

I deal with this market reality every day. Short sales are like ticking bombs waiting to take down the market comps when they close. It is common to Las Vegas to see short sales sell for 10% to 15% below recent comps. Two or three of these in a neighborhood, and appraisers cannot ignore the comparable resales, and the entire neighborhood is brought down. When lenders won't provide the loan, it doesn't matter if the buyer is willing, the sale isn't going to happen unless the buyer backs their willingness with cash. Short sales are comp killers.

And now back to the article:

There were 243,000 short sales in the first 11 months of last year, according to CoreLogic, a research firm in Santa Ana, Calif. That compares with 1.2 million notices of pending auctions in the same period. A lengthy consent process by loan holders deters potential buyers from agreeing to a short sale. In a normal home sale, people make an offer and get a decision from its owners within days, if not hours. For a short sale, the average time between a price bid and response is three and a half months, according to Campbell. The California Association of Realtors estimates that delays kill about half the short-sale deals in the state.

Who wants to wait around for a capricious lender?

The biggest mortgage holders, Fannie Mae and Freddie Mac, completed 7,768 short sales in January, down from 9,373 in the prior month. “I get the sense that Freddie and Fannie have been trying harder to make things work, say, over the last 8 or 10 months, but it still is a fight to get these deals through,” says Ron Wilczek, owner of Metro Phoenix Homes, a real estate agency in Tempe, Ariz.

Fannie Mae approved a short sale for Wright, the Nevada homeowner, after he found a third buyer. A deal went through on Feb. 15, two weeks before the house's scheduled foreclosure auction. The price was $265,000, 37 percent less than what Wright paid in 2007 and about $125,000 short of what he owed Fannie Mae.

If Wright's property had ended up in foreclosure and got sold at the local auction venue—a parking lot near the casinos and wedding chapels of the Las Vegas Strip—Fannie Mae's loss might have been greater. Foreclosed properties typically sell at a 28 percent discount to current market value, according to RealtyTrac, a real estate data company in Irvine, Calif. At least Wright, in his short sale, sold his house for close to its current value.

Did the lender really obtain a greater recovery at short sale? If they had foreclosed in a timely manner months ago when the borrower first went delinquent, prices were higher, and the recovery would have been greater. Plus, the real estate commissions and other sales costs not paid at auction eat into recovery amounts. Further when you factor in the portfolio cost of lowering neighborhood values, and short sales aren't the magic elixir they are made out to be.

When it comes to approving short-sale offers, what seems like dawdling to buyers and sellers may be lightning speed to the mortgage industry, says Faith Schwartz, executive director for the HOPE NOW Alliance in Washington, a group of home-loan investors, lenders, and mortgage servicers including Bank of America and Wells Fargo. Before a short-sale offer can be approved, the holder of the home loan must agree to the price, she says. Other parties may have to assent as well. About half of troubled mortgages involve homes that have so-called second liens such as home equity loans, according to the Treasury Dept. Mortgage insurers may get involved, too.

“All those pieces have to fall together, and that takes time,” says Schwartz. Fannie Mae has set up a program that lets real estate agents talk directly with Fannie when they run into roadblocks during a short sale, says Marcel Bryar, a vice-president at the mortgage financier.

Remember, a short sale is an extended negotiation between the borrower and the subordinate mortgage holders. It isn't usually the first mortgage holder who objects to the sale. Since the second mortgage is generally a complete loss and most borrowers are insolvent, this negotiation can easily get bogged down.

The Federal Housing Finance Agency, which regulates Fannie and Freddie, wants short sales to be “consummated efficiently,” says Corinne Russell, a spokeswoman. Short sales can prevent neighborhood decay by limiting the number of vacant homes and can “ultimately help save taxpayer dollars,” she said in an e-mailed statement.

That's just stupid. Absentee owners generally don't bother with short sales. Most short sales are delinquent owners occupants squatting in the property. They have no incentive to move out until the short sale is completed because they will have to start paying for housing once they leave. Plus, what possible incentive does an short-sale occupant have to maintain the property? Any money they spend is not going to come back to them as equity.

Marie McDonnell, owner of Truth in Lending Auditing & Recovery Services in Orleans, Mass., says loan servicers may be responsible for the delays in short sales. Servicers earn fees by sending the monthly bills and collecting mortgage payments, though they typically don't own the mortgage. They also are in charge of communicating with the mortgage holder when the homeowner wants a short sale. That power gives the servicers the motivation to drag their feet as they rack up additional late fees. In Wright's case, Fannie Mae says it acted in a timely manner once it was told by the servicer of Wright's request.

Banks are in no hurry to recognize the losses on their second loan portfolio. With billions in bad debts on their books, the major banks — who are also major loan servicers — are not foreclosing on those homes where they hold the second mortgage. Those borrowers blessed with those circumstances will be allowed to squat indefinitely.

Chris Killian, a vice-president at the Securities Industry and Financial Markets Assn. in New York, says servicers dealing with an avalanche of defaulted mortgages generally don't have an interest in keeping loans in limbo. Says Wright: “Everyone could save a lot of headaches if the process could be speeded up.”

The bottom line: Short sales could accelerate the resolution of the housing crisis—if the process is streamlined by the big federal mortgage lenders.

The bottom line: short sales make the housing crisis worse by lowering neighborhood comparables. Until we stop messing around with short sales are begin expediting foreclosures, prices will continue to grind lower as each new short sale resets the comps to lower values.

When do we get our next HELOC?

The owner's of today's featured property have been bouncing along with the same maxed-out mortgage balance for the last 5 years. They must have gotten tired of waiting for the next HELOC cash infusion, and instead they are selling the property short. They don't want to hang around and pay off any debts. The house is supposed to do that.

  • Today's featured property was purchased on 4/4/2000 for $160,000. The owners used a $127,920 first mortgage, a $23,985 second mortgage, and a $8,095 down payment. They waited two years before going Ponzi.
  • On 4/30/2002 they refinanced with a $201,562 first mortgage and obtained a $21,500 HELOC.
  • On 5/28/2003 they refinanced with a $206,000 first mortgage.
  • On 12/2/2003 they refinanced with a $244,000 first mortgage.
  • On 1/8/2004 they obtained a $30,000 HELOC.
  • On 11/4/2004 they obtained a $100,000 HELOC.
  • On 6/20/2006, right at the peak, they refinanced with a $378,000 first mortgage.
  • On 3/28/2007 they refinanced with a $378,000 first mortgage.
  • On 9/10/2007 they refinanced with a $377,000 first mortgage. They actually paid it down!
  • On 6/19/2008 they refinanced with a $382,000 first mortgage.
  • Total mortgage equity withdrawal is $230,095.

This property is being offered as a short sale. Perhaps the California Housing Finance Agency will provide them mortgage assistance. These borrowers seem worthy of a bailout, right?

Irvine House Address … 15 SAGE #41 Irvine, CA 92604

Resale House Price …… $309,900

House Purchase Price … $160,000

House Purchase Date …. 4/4/2000

Net Gain (Loss) ………. $131,306

Percent Change ………. 82.1%

Annual Appreciation … 5.9%

Cost of House Ownership

————————————————-

$309,900 ………. Asking Price

$10,847 ………. 3.5% Down FHA Financing

4.87% …………… Mortgage Interest Rate

$299,054 ………. 30-Year Mortgage

$67,787 ………. Income Requirement

$1,582 ………. Monthly Mortgage Payment

$269 ………. Property Tax (@1.04%)

$0 ………. Special Taxes and Levies (Mello Roos)

$65 ………. Homeowners Insurance (@ 0.25%)

$344 ………. Private Mortgage Insurance

$377 ………. Homeowners Association Fees

============================================

$2,636 ………. Monthly Cash Outlays

-$148 ………. Tax Savings (% of Interest and Property Tax)

-$368 ………. Equity Hidden in Payment (Amortization)

$20 ………. Lost Income to Down Payment (net of taxes)

$59 ………. Maintenance and Replacement Reserves

============================================

$2,199 ………. Monthly Cost of Ownership

Cash Acquisition Demands

——————————————————————————

$3,099 ………. Furnishing and Move In @1%

$3,099 ………. Closing Costs @1%

$2,991 ………… Interest Points @1% of Loan

$10,847 ………. Down Payment

============================================

$20,035 ………. Total Cash Costs

$33,700 ………… Emergency Cash Reserves

============================================

$53,735 ………. Total Savings Needed

Property Details for 15 SAGE #41 Irvine, CA 92604

——————————————————————————

Beds: 2

Baths: 2

Sq. Ft.: 1022

$303/SF

Property Type: Residential, Condominium

Style: Two Level, Traditional

View: Park/Green Belt

Year Built: 1976

Community: Woodbridge

County: Orange

MLS#: S654957

Source: SoCalMLS

Status: Active

——————————————————————————

Stylish and so sharp – 2-story END UNIT in Woodbridge located across from a large park with peaceful views. A sunny & bright remodeled kitchen has custom French doors leading out to your own large private patio with storage area and fountain. Offering 2 spacious bedrooms, 2 tastefully remodeled bathrooms, whirlpool tub, attractive wrought iron on staircase, 2 ceiling fans, inside laundry and cozy living room with crown molding. One of the best locations in the complex with all the amenities Woodbridge Village has to offer, including pools, tennis courts, lakes, parks and much more. Please visit www. wva. org for additional community photos and details. IMMACULATE HOME AND IN MOVE-IN CONDITION!

California is bailing out HELOC abusers with mortgage aid

in an outrageous move, the California Housing Finance Agency is now offering mortgage relief to HELOC abusers.

Irvine Home Address … 50 BURLINGAME Irvine, CA 92602

Resale Home Price …… $549,900

I have no regrets

There's nothing to forget

All the pain was worth it

Not running from the past

I tried to do what's best

I know that I deserve it

Madonna — I Deserve It

The California Housing Finance Agency can't give away the cash allocated to needy borrowers — which isn't surprising considering responsible borrowers are not losing their homes. In fact, as today's post demonstrates, responsible homeowners are paying the price of irresponsible ones. So in an effort to keep their budgets, they are expanding the free-money offering to include HELOC abusers.

How do you like your tax money bailing out spendthrifts?

Mortgage aid offered to those who cashed out equity

— San Francisco Chronicle — Wednesday, April 6, 2011

California has decided that people who stripped equity out of their homes deserve taxpayer help after all.

The California Housing Finance Agency said Tuesday that people will no longer be excluded from three of the four Keep Your Home California programs just because they took out a home equity line of credit or did a cash-out refinance.

Keep Your Home California is a state-run program getting $2 billion from the U.S. Treasury's Hardest Hit Fund. It is designed to help low- and moderate-income people who are unemployed or owe more than their home is worth pay their mortgage.

There are four individual programs under the umbrella program. Eligible homeowners can get up to $50,000 in assistance from one or more of the four programs combined.

When Keep Your Home started taking applications in early February, it barred people from all four programs if they had tapped the equity in their homes.

“We knew we didn't have enough money to serve everyone,” says Diane Richardson, CalHFA's director of legislation. “We wanted to help people who were in some kind of trouble through no fault of their own, who weren't upside down because they had taken out equity.

And those are the only people who should be helped — if we are going to help anyone which is a bad idea laden with moral hazard. Forgiving HELOC borrowing through direct government assistance is no different than welfare for home owners — a direct payment to loan owners for doing something stupid and irresponsible. What would encourage those borrowers to be prudent next time?

Of the roughly 28,000 people who have called the program seeking assistance, about 10,000 were found ineligible. Of those, about 40 percent or 4,000 were turned down because they had taken equity out of their homes.

CalHFA has now decided that people who can't pay their mortgage because they are unemployed or suffered a financial hardship shouldn't be penalized just because they robbed their homes of equity.

CalHFA is stupid. Some bureaucrat made a policy change without thinking through the ramifications. Hopefully, stories like this one will change their minds.

Under the new rules, people who took equity out of their homes will be eligible for the unemployment mortgage assistance, mortgage reinstatement assistance and transition assistance programs if they meet all the other program requirements.

These same programs have also been expanded to include mortgages that were originated after Jan. 1, 2009.

The program originally excluded mortgages originated after that date because they also are excluded under the federal Home Affordable Modification Program. “We wanted to be consistent with HAMP,” Richardson says.

But CalHFA found that a lot of homeowners in trouble had refinanced after that date and it did not want to exclude them.

WTF? Why would we want to bail out people who were abusing their HELOCs after the property crash? Have we learned nothing? Are houses and HELOCs truly free money?

Homeowners who took cash out of their homes or whose mortgage was originated after Jan. 1, 2009, remain ineligible for the fourth program, which offers principal reduction.

I feel much better knowing they aren't getting principal reductions… Not.

To qualify for any of the four programs, homeowners must fall below certain income limits ($119,300 in San Francisco, San Mateo and Marin counties; $108,350 in Contra Costa and Alameda counties).

OMG! We a offering mortgage relief to borrowers making over $100,000 a year? Are we subsidizing the payments on their leased Mercedes as well?

They also must be living in the home and cannot own a second home, but there are no other asset limits. Applicants will not be asked how they spent any cash they took out of their homes or how much they have in bank or investment accounts.

For other requirements, see www.keepyourhomecalifornia.org/eligibility.htm.

It's comforting to know the borrowers are not required to lie in order to obtain their free money.

Richardson says that “a couple hundred” people have received help from the program and that about 2,000 more are in the final stage of confirming their eligibility.

CalHFA is contacting people who were previously disqualified but would qualify under the new rules. These homeowners can also contact the program at (888) 954-5337.

Some people have been turned down because their loan servicer is not participating in one or more of the programs.

All of the major private-sector servicers – Bank of America, Wells Fargo, Chase, CitiMortgage and GMAC – are participating in the unemployment mortgage assistance plan, which makes mortgage payments on behalf of unemployed homeowners in imminent danger of foreclosure. The plan will pay 100 percent of the borrower's payment, up to $3,000 a month, for six months.

Loan owners get special payment assistance, but renters get kicked to the curb if they miss a couple of rent payments. Another outrage we accept because lenders need money funneled to them.

None of those servicers are participating in the principal reduction program, but BofA has agreed to join a pilot program that will start in a few weeks, Richardson says.

This program will provide capital to reduce the principal balances of qualifying borrowers who are underwater, or owe more than their homes are worth. For every dollar the program contributes, BofA will also reduce the borrower's principal by a dollar, Richardson says.

For borrowers who have received no other assistance from Keep Your Home California, this program could reduce their balance by up to $100,000 – $50,000 from the program and $50,000 from BofA.

However, the program cannot reduce loan balances to less than 115 percent of the home's market value and it won't reduce the borrower's debt-to-income ratio to less than 31 percent, Richardson says.

There are limits to the free money.

California is one of 18 states receiving money from the Hardest Hit Fund. Each state could set up its own program, within limits. Many never prevented homeowners from receiving assistance because they had withdrawn equity from their homes. However, many also have much less generous payouts than California.

To learn more, go to www.keepyourhomecalifornia.org, then click on Programs.

Net Worth runs Tuesdays, Thursdays and Sundays. E-mail Kathleen Pender at kpender@sfchronicle.com.

Isn't this government sanctioned theft?

When you follow the money, a transfer of wealth through tax dollars to forgive the indebtedness of individuals is theft from the collective to benefit the few.

A borrower and a lender agreed to a transaction. When borrower fails to meet the terms of the note, a lender can force an auction for sale of the collateral to recover their capital. The end. If government is asked to step in to the borrower's shoes and repay the loan, a loan that is not already government insured, then taxpayers are giving money to banks through the borrower.

Both parties to the transaction benefit from the government assistance. Lenders get their interest payments covered, or an increased recovery on their bad loan, and borrowers get to continue using the property they cannot afford. The only loser is the taxpayers, nearly 40% of which are renters, who are asked to pay the burden of supporting the two parties who entered into a bad private contract.

It looks like theft. It feels like theft. Isn't that theft?

Some may argue that all government taxation and spending is theft. But all government is merely organized thuggery. The direct transfer of wealth from one group to another is theft, particularly when their is no collective good obtained from the transfer. Proponents of the mortgage theft being perpetrated today would argue that rescuing the banks was necessary for society and keeping squatters in homes benefits neighborhoods. I think that is bullshit.

Bear rally buyer

The owner of today's featured property is paying the price of their poor timing. This property once sold for $745,000 back on 6/6/2006. The current owner bought this “bargain” as REO paying $550,000 on 11/29/2007. He borrowed $440,000 and put $110,000 down, a good chunk of which he is about to lose.

Despite getting it for $200,000 off it's peak price, the property is being offered for its purchase price, and with commissions, the owner is going to take a loss. Apparently, Irvine real estate was not the best place to park his money over the last 3 years. He should have read the IHB.

Irvine House Address … 50 BURLINGAME Irvine, CA 92602

Resale House Price …… $549,900

House Purchase Price … $550,000

House Purchase Date …. 11/29/2007

Net Gain (Loss) ………. ($33,094)

Percent Change ………. -6.0%

Annual Appreciation … 0.0%

Cost of House Ownership

————————————————-

$549,900 ………. Asking Price

$109,980 ………. 20% Down Conventional

4.87% …………… Mortgage Interest Rate

$439,920 ………. 30-Year Mortgage

$99,718 ………. Income Requirement

$2,327 ………. Monthly Mortgage Payment

$477 ………. Property Tax (@1.04%)

$100 ………. Special Taxes and Levies (Mello Roos)

$115 ………. Homeowners Insurance (@ 0.25%)

$0 ………. Private Mortgage Insurance

$348 ………. Homeowners Association Fees

============================================

$3,366 ………. Monthly Cash Outlays

-$396 ………. Tax Savings (% of Interest and Property Tax)

-$541 ………. Equity Hidden in Payment (Amortization)

$206 ………. Lost Income to Down Payment (net of taxes)

$89 ………. Maintenance and Replacement Reserves

============================================

$2,723 ………. Monthly Cost of Ownership

Cash Acquisition Demands

——————————————————————————

$5,499 ………. Furnishing and Move In @1%

$5,499 ………. Closing Costs @1%

$4,399 ………… Interest Points @1% of Loan

$109,980 ………. Down Payment

============================================

$125,377 ………. Total Cash Costs

$41,700 ………… Emergency Cash Reserves

============================================

$167,077 ………. Total Savings Needed

Property Details for 50 BURLINGAME Irvine, CA 92602

——————————————————————————

Beds: 3

Baths: 3

Sq. Ft.: 1821

$302/SF

Property Type: Residential, Condominium

Style: 3+ Levels, Contemporary

View: Courtyard, Panoramic, Peek-A-Boo, Trees/Woods

Year Built: 2001

Community: Northpark

County: Orange

MLS#: P776324

Source: SoCalMLS

Status: Active

——————————————————————————

Bring your checkbook & RUN DON'T WALK! Equity Seller * PRICED 2 STEAL! * DROP-DEAD GORGEOUS w/ Walls of Windows & DRAMATIC Open Layout offering ARCHITECURAL FLAIR, Designer Paint, Elegant Shutters, & Stylish Decor! SURPASSES Every Home in this Price Range! IDEAL FOR ENTERTAINING Inviting Family Room w/ IMPRESSIVE Fireplace & Soaring Ceilings opens to GENEROUS Dining & BRIGHT Charming Kitchen. * SHOWS LIKE A MODEL! * Retreat upstairs to SPACIOUS Master w/ Romantic VIEWS, Walk-in Closet & Relaxing SPA-LIKE BATH w/ Large Soaking Tub. Spacious Secondary Bedrooms, including Generous Main-Floor Suite, offer PRIVACY & CONVENIENCE for Family, Guests or Roommates. Enjoy Summer BBQ's in Spacious Tree-Lined Patio. Convenient Indoor Laundry & Direct Access Garage w/ Built-in Storage make this HIGHLY DESIRABLE floor plan a * MUST SEE! * RESORT-STYLE Amenities include 5 Pools & Spas, Tennis & Sports Courts, Clubhouse, Parks & Tot Lots, & Meandering Walking Trails WELCOME HOME! ACT FAST! Only ONE at this Price!

ARCHITECURAL?

SoCal March home sales plummet 5.2% YOY, now 21.4% below average

The California housing market continues to sputter with declining sales and declining prices.

Irvine Home Address … 4 AMBERWOOD Irvine, CA 92604

Resale Home Price …… $464,900

They waitin' for that decline

Pray that I lose my mind

They never want me to shine

Uh-huh I know what's on your mind

You don't think were gonna shine

I face you to prove you wrong

Chiddy Bang — Decline

The largely unexpected decline in house prices has been deep and long lasting, particularly in markets outside of Coastal California. Since lenders have embarked on the amend-extend-pretend policy, sales volumes have dried up, and prices edge lower as supply begins to weigh on the market.

Southland Home Sales Still Slow, Prices Edge Down

April 13, 2011

La Jolla, CA—Southern California home sales turned in another lackluster month in March, the result of a fussy mortgage market, slow job growth and a continued wait-and-see attitude among potential buyers and sellers. There were signs, however, that the market was a little less dysfunctional than in recent months, a real estate information service reported.

I think it's sad that DataQuick feels they need to punch up their reporting with feel-good realtor nonsense. The market shows no signs of strength whatsoever. Sales are weak and prices are falling.

A total of 19,412 new and resale houses and condos sold in Los Angeles, Riverside, San Diego, Ventura, San Bernardino and Orange counties in March. That was up 35.1 percent from 14,369 in February, and down 5.2 percent from 20,476 in March 2010, according to DataQuick of San Diego.

Sales were dismal last year, for sales to be down despite the lower prices is surprising, and it isn't a good sign.

Sales always increase from February to March. Last month’s sales count was 21.4 percent below the 24,706 average for all the months of March since 1988. Sales so far this year are 20 percent below the norm. During the last half of 2010 sales were 25-30 percent below average.

Sales of newly built Southland homes totaled 1,144, the lowest March in DataQuick’s statistics, which go back to 1988. The peak March was in 2006 with 7,205 sales. The March new-home average is 3,661.

New home sales are at the lowest levels ever. Wow! Sales are 50% off their historic averages and 85% below the peak.

Not to worry, all is well in Irvine. Or so they say.

Irvine home sales drop 11%.

  • Citywide sales totaled 210 – that's down 26 purchases or 11.0% vs. a year ago. Countywide, sales were down 4.3% vs. a year earlier.
  • Irvine home sales were 8.6% of the countywide market in the latest period vs. 9.2% in the year-ago period.
  • Of Irvine's 8 ZIP codes, 4 had sales gains vs. a year ago while 3 had a gain in their median selling price vs. a year ago.
  • Medians within the city's ZIPs ran from $386,500 to $830,000 – while the price gap was $442,500 to $874,000 a year ago.
  • 3 of these 8 ZIP codes beat the -0.1% overall performance of the countywide median for the past year.

Back to the DQ News press release:

The median price paid for a Southland home last month was $280,500, up 2.0 percent from $275,000 in February, and down 1.6 percent from $285,000 for March a year ago.

Sales volumes are down and prices are down. If sales volumes pick up, lenders will release more inventory. It doesn't look like prices will go up any time soon.

The median’s low point for the current real estate cycle was $247,000 in April 2009, while the high point was $505,000 in mid 2007. The peak-to-trough drop was due to a decline in home values as well as a shift in sales toward low-cost homes, especially inland foreclosures.

As an indicator of upcoming trends, the month of March is actually pretty reliable. We got off to a slow start with sales this year and it doesn’t look like that will change anytime soon. Two of the likely game changers in the short run would be a surge in job creation or another round of price corrections,” said John Walsh, DataQuick president.

It's more likely we will see another round of price corrections before we see a surge in hiring.

“The foreclosure issue is going to be with us for a good while. But mortgage availability, or rather the lack thereof, is key. If a well-crafted home loan program comes down the pike, it’s going to make some lending institution the dominant player, at least for a while,” he said.

This is the holy grail of lending, isn't it? Financial innovation is folly. There is no mortgage innovation beyond the 30-year fixed-rate mortgage. Only the event horizon of the Ponzi abyss awaits those who eschew amortization through complicated financial innovation schemes.

Adjustable-rate mortgages (ARMs) accounted for 7.8 percent of last month’s Southland purchase loans, up from 7.7 percent in February and 4.9 percent a year ago. While still at a low level, last month’s ARM usage was the highest since 10.3 percent in August 2008. Over the past decade, a monthly average of about 42 percent of purchase loans were ARMs.

Jumbo loans, mortgages above the old conforming limit of $417,000, accounted for 15.9 percent of last month’s purchase lending, up from 15.6 percent in February and the same as a year earlier. In the months leading up to the credit crisis that struck in August 2007, jumbos accounted for 40 percent of the market.

Think about the Orange County housing market. How many properties require a jumbo loan for financing. More than 15.6% i imagine. If high end prices were inflated by debt, and if both loan balances and the number of transactions is declining, the only support for this market is the large down payments of the few active buyers that remain.

Foreclosure resales – properties foreclosed on in the prior 12 months – made up 36.4 percent of resales last month, down from a revised 37.0 percent in February and down from 38.3 percent a year ago. Foreclosure resales hit a high of 56.7 percent in February 2009 and a low of 32.8 percent last June.

In the post 2008 era of amend-extend-pretend and shadow inventory, foreclosure numbers don't really mean much.

Short sales – transactions where the sale price fell short of what had been owed on the property – made up an estimated 18.5 percent of Southland resales last month. That was down from an estimated 19.6 percent in February but up from 18.0 percent a year earlier and 12.2 percent two years ago.

Absentee buyers – mostly investors and some second-home purchasers – bought 26.0 percent of the Southland homes sold in March, paying a median $205,000. The absentee share of the market reached a peak in February at 26.4 percent. Over the last decade, absentee buyers purchased a monthly average of 16.3 percent of homes.

Are these the elusive foreign cash buyers being active in the high-end market? Perhaps, but increased investor activity both foreign and domestic at the low end is more likely.

Cash purchases accounted for 30.5 percent of March home sales, paying a median $205,250. The cash purchase share was down from 32.3 percent in February, the all-time high, but up from 27.9 percent a year earlier. The 10-year monthly average for Southland homes purchased with cash is 13.3 percent. Cash purchases are where there was no indication in the public record that a corresponding purchase loan was recorded.

Government-insured FHA loans, a popular low-down-payment choice among first-time buyers, accounted for 32.0 percent of all mortgages used to purchase homes in March – the lowest level since August 2008, when 26.8 percent of purchase loans were FHA. Last month’s FHA level was down from 32.2 percent in February and 36.5 percent in March 2010. Two years ago FHA loans made up 36.5 percent of the purchase loan market, while three years ago it was just 10.5 percent.

interesting that FHA sales are dropping off. It may be partly due to the increased cost of private mortgage insurance on FHA loans. In fact, I have updated my cost of ownership spreadsheet to reflect the 1.15% PMI currently being charged FHA borrowers. The cost is so high that it no longer makes sense to use FHA financing in many circumstances. This increased cost is also contributing to the continued weakness in pricing across all price levels.

Last month 19.2 percent of all sales were for $500,000 or more, up from a revised 18.7 percent in February and down from 20.3 percent a year earlier. The low point for $500,000-plus sales was in January 2009, when only 13.8 percent of sales were above that threshold. Over the past decade, a monthly average of 26.9 percent of homes sold for $500,000 or more.

Viewed differently, Southland zip codes in the top one-third of the housing market, based on historical prices, accounted for 35.8 percent of total sales last month. That was up from 34.8 percent in February and up from 35.2 percent a year ago. Over the last decade, those higher-end areas contributed a monthly average of 37.0 percent of regional sales. Their contribution to overall sales hit a low of 26.2 percent in January 2009.

Last month the percentage of Southland homes bought and re-sold on the open market within a six-month period was 3.2 percent, the same “flipping” rate as the month before but down slightly from 3.3 percent a year ago. Flipping varied last month from as little as 2.5 percent in Ventura County to as much as 3.5 percent in Orange County.

Not surprisingly, the flipping rate is close to the foreclosure rate.

DataQuick monitors real estate activity nationwide and provides information to consumers, educational institutions, public agencies, lending institutions, title companies and industry analysts.

The typical monthly mortgage payment that Southland buyers committed themselves to paying was $1,185 last month, up from $1,174 in February and down from $1,220 in March 2010. Adjusted for inflation, current payments are 48.0 percent below typical payments in the spring of 1989, the peak of the prior real estate cycle. They are 57.4 percent below the current cycle’s peak in July 2007.

Affordability is becoming widespread in Southern California — just not here in Irvine.

Indicators of market distress continue to move in different directions. Foreclosure activity remains high by historical standards but is lower than peak levels reached over the last two years. Financing with multiple mortgages is very low, and down payment sizes are stable, DataQuick reported.

Sales Volume Median Price
All homes Mar-10 Mar-11 %Chng Mar-10 Mar-11 %Chng
Los Angeles 6,747 6,590 -2.3% $329,000 $320,000 -2.7%
Orange 2,652 2,615 -1.4% $432,000 $430,000 -0.5%
Riverside 4,156 3,843 -7.5% $198,000 $198,000 -0.0%
San Bernardino 2,955 2,544 -13.9% $152,000 $150,000 -1.3%
San Diego 3,227 3,063 -5.1% $330,000 $325,000 -1.5%
Ventura 739 757 2.4% $375,000 $349,000 -6.9%
SoCal 20,476 19,412 -5.2% $285,000 $280,500 -1.6%

Source: DQNews.com Media calls: Andrew LePage (916) 456-7157

The spent most of it

  • The owners of today's featured property paid $269,000 on 1/12/2001. The used a $215,200 first mortgage, a $40,350 second mortgage, and a $13,450 down payment. A whopping 5% down.
  • On 9/3/2002 they refinanced with a $257,000 first mortgage and obtained about $12,000 for whatever.
  • On 1/10/2005 they obtained a $25,000 HELOC.
  • On 10/18/2005 they refinanced with a $254,600 first mortgage.
  • On 5/10/2006 they obtained a $125,000 HELOC.
  • On 10/18/2006 they refinanced again with a $305,600 HELOC.
  • On 12/26/2007 they got another $75,000 HELOC.
  • On 7/20/2009 they refinanced with a $370,000 first mortgage.
  • Total mortgage equity withdrawal is $114,500.

Irvine House Address … 4 AMBERWOOD Irvine, CA 92604

Resale House Price …… $464,900

House Purchase Price … $269,000

House Purchase Date …. 1/12/2001

Net Gain (Loss) ………. $168,006

Percent Change ………. 62.5%

Annual Appreciation … 5.2%

Cost of House Ownership

————————————————-

$464,900 ………. Asking Price

$16,272 ………. 3.5% Down FHA Financing

4.87% …………… Mortgage Interest Rate

$448,628 ………. 30-Year Mortgage

$101,692 ………. Income Requirement

$2,373 ………. Monthly Mortgage Payment

$403 ………. Property Tax (@1.04%)

$0 ………. Special Taxes and Levies (Mello Roos)

$97 ………. Homeowners Insurance (@ 0.25%)

$516 ………. Private Mortgage Insurance

$320 ………. Homeowners Association Fees

============================================

$3,709 ………. Monthly Cash Outlays

-$389 ………. Tax Savings (% of Interest and Property Tax)

-$552 ………. Equity Hidden in Payment (Amortization)

$30 ………. Lost Income to Down Payment (net of taxes)

$78 ………. Maintenance and Replacement Reserves

============================================

$2,876 ………. Monthly Cost of Ownership

Cash Acquisition Demands

——————————————————————————

$4,649 ………. Furnishing and Move In @1%

$4,649 ………. Closing Costs @1%

$4,486 ………… Interest Points @1% of Loan

$16,272 ………. Down Payment

============================================

$30,056 ………. Total Cash Costs

$44,000 ………… Emergency Cash Reserves

============================================

$74,056 ………. Total Savings Needed

Property Details for 4 AMBERWOOD Irvine, CA 92604

——————————————————————————

Beds: 3

Baths: 2

Sq. Ft.: 1520

$306/SF

Property Type: Residential, Condominium

Style: Two Level, Contemporary

Year Built: 1976

Community: 0

County: Orange

MLS#: S654402

Source: SoCalMLS

Status: Active

On Redfin: 7 days

——————————————————————————

Get the most for your money in Irvine! Convenience and comfort set this townhome apart. Near freeways and shopping while being adjacent to a city park, tennis courts, and bike trails (and across from a golf course) allow you to live in the city with room to breathe! Bright and open, it includes a master retreat with fireplace, garden window in the kitchen, and tons of storage space. Custom upgrades: hardwood floors, high quality carpet, duel paned windows, new doors, remodeled staircase, large entertaining patio/yard, and $25k spa-inspired bathrooms! Come for a visit. Make it your home.

Delinquent mortgage squatter is given free home by lender

A mortgage servicer in Florida has given a house to the delinquent borrower. What were they thinking?

Irvine Home Address … 80 MODESTO Irvine, CA 92602

Resale Home Price …… $429,500

Well, I ain't been home to see my baby,

in ninety nine and one half days.

'Bout time I see her,

Wait a minute something's wrong here

The key won't unlock the door.

Jimi Hendrix — Red House

Wait, there's something wrong here. The key will unlock the door.

Posted: April 10, 2011 – 12:00am — By Roger Bull

Perry Laspina was in the middle of foreclosure with the possibility of losing the house he owned in Jacksonville. Then the mail came one day in late January telling him that the house was his.

Despite the $72,000 mortgage that he barely paid anything on, despite the foreclosure … the house was his.

In the middle of foreclosures gone wild, of a system overloaded by sheer volume, judicial investigations and allegations of corners cut, Laspina ended up with the house.

Despite the fact that he didn't have an attorney in the foreclosure proceedings, the mortgage holder simply gave up and walked away.

If they are giving away free houses to delinquent borrowers, there will be a lot of happy people.

Guys like Darrel above are just the kind of borrower lenders should give a free house to.

Or perhaps we should give free houses to the hard working middle-class people below.

“I've never seen anything like this in my life,” he said.

It's a tale populated with many of the major players in the national foreclosure drama: The law firm of David Stern, the Mortgage Electronic Registration Systems (better known as MERS) and a mortgage packaged with others and sold into a securitized trust.

Here's how it happened.

Back in 2006, Laspina, a used-car dealer based in South Florida, had some extra money and decided to buy some real estate that he could resell quickly at a profit. It was, after all, the height of the housing boom with prices skyrocketing and mortgage money easily available.

Since everyone else was making money flipping houses, I figured I would, too,” he said.

He wasn't familiar with Jacksonville, but his brother owned a house in Fernandina Beach and found the house on Oakwood Street in the Panama Gardens neighborhood of Jacksonville off North Main Street.

It's an old neighborhood where most of the houses are still well-maintained.

Laspina bought the house for $80,000, putting $8,000 down and taking out an adjustable rate mortgage with EquiFirst for the remaining $72,000 with an interest rate of 9.5 percent.

EquiFirst, based in Charlotte, N.C., was one of the nation's leading sub-prime lenders in 2006. But it soon fell victim to the housing and mortgage industry collapse and it closed in 2009.

EquiFirst kept few of the mortgages it wrote; most were packaged and sold to securitized trusts which were owned by investors.

Laspina wasn't worried about the interest rate.

“It didn't matter,” he said. “I figured I'm going to flip this house within six months, maybe three months.”

That plan sounds foolish today, but for several years during the bubble, people could buy houses at full retail price, hold them briefly, do minor cosmetic changes, and sell for a reasonable profit. Today, that is only possible for people buying at auction and obtaining a huge discount from resale. Appreciation isn't a realistic expectation.

He also figured he'd get about $120,000 for it after he did a bit of work on it, mostly tearing up the carpet and stripping the paint that covered the hardwood floors.

“But right after I put it on the market, the crash came,” he said. “I couldn't sell it, I couldn't rent it.”

Real estate is not liquid. People forget that inconvenient fact when times are good and prices are rising, a condition most believe is a permanent state.

Hang in there, Shawn. You may get a free house.

By 2008, the increases on his payments kicked in, going from an initial payment of $605 to $894 and then $1,058 in less than a year. He quit making payments, and in September of that year, a foreclosure notice was filed against him. The plaintiff was the U.S. Bank National Association, which was simply acting as the trustee for an unnamed trust that now owned the mortgage.

The court file says that Laspina lost his foreclosure case in February 2009. A sale date was set, then postponed and then canceled, all at the plaintiff's request, later that year.

But the next year, the plaintiff requested that it all be vacated – the suit, the judgment, all of it. In October, Circuit Judge Waddell Wallace signed the order.

Why would a lender vacate the judgment and give away the property?

In December, officials for MERS, which acted as the mortgage holder, signed and filed the documents saying it “has received full payment and satisfaction … and does hereby cancel and discharge said mortgage.”

Laspina had paid less than $1,000 toward the principal on his $72,000 loan.

That's what happened. But there are questions about why.

You think?

“This is crazy,” attorney David Goldman said as he looked over the files at the Times-Union's request.

“They won,” he said referring to the mortgage holder. “They're standing at the goal line, and they just need to sell the house.”

Maybe they will let him keep it?

“One possibility is that they did it by mistake,” said Chip Parker, an attorney who specializes in foreclosure defense. “There are just so many cases out there.”

I think this is the most likely explanation. Someone manages the mortgage-backed securities pool that owned this bad loan along with many others. They probably have many cases pending against properties that get cured or sold, so they may vacate judgments filed on many such properties. This one was merely put on the wrong list.

The other possibility is deliberate mischief by a clerk or a manager who knowingly processed this paperwork to harm the MBS pool or the firm managing it.

One issue possibly complicating the case is that the plaintiff's attorney was David Stern, whose Southeast Florida law firm became the poster child for foreclosure mills. In 2009 alone, it handled 70,000 foreclosure cases, according to news reports, and employed more than 1,000 people.

But after questions were raised about the practice, the Florida attorney general announced an investigation of possibly fraudulent paperwork at Stern and two other firms. Fannie Mae and Freddie Mac, along with many banks, dropped him as their primary foreclosure attorney.

Stern's firm quit its foreclosure work at the end of March.

He made so much money, he probably doesn't care. It was a good run for him. If he hadn't become the poster child for this problem, he would still be adding to his fortune. Now someone else just like him is doing this same work. Perhaps the GSEs will add more vendors to its lists, but the foreclosures will grind on.

MERS itself has been the subject of plenty of controversy. The electronic registration and tracking system helps banks package, buy and sell mortgages without the time and money that used to be required to record each transaction.

MERS is named the nominee on these loans, but it now faces lawsuits across the country seeking unpaid recording fees that normally go to local governments, and several courts have rejected MERS' role in bringing foreclosures.

Parker also theorized that the mortgage owner simply made a business decision.

“The lender was faced with retaining new counsel,” Parker said. “Maybe it looked at the value of the property, realized it's way, way underwater and simply not worth it.

That appears to be the case, though the mortgage holder provided few details when contacted.

An asset manager is not going to be concerned with any debt on the property. An asset manager is going to either keep the asset and manage it for cashflow or dispose of it and get whatever capital recovery he can. Any positive capital recovery is better than nothing. The house in question here clearly still has resale value. I doubt an asset manager determined is wasn't worth it to sell this property and get the money.

The loan was being serviced by America's Servicing Co., a subsidiary of Wells Fargo.

The investor on the loan, the bondholder on the trust, decided to write off the loan balance,” said a Wells Fargo spokesman, “because of the significant decreased value of the property.

Fine. They wrote off the loan balance. That doesn't mean you give away the house. Is the cost of sale really going to result in a negative recovery? This makes no sense.

He declined to give more details or further explanation.

The home — two bedrooms, one bath and 1,120 square feet — is structurally solid, Laspina said. But many of the interior walls are covered with mold ever since the coils were stolen from the air conditioner.

It's appraised at $46,000 by the Duval County appraiser's office in a neighborhood that has inconsistent values.

The house next door sold for $65,000 in January after selling for $91,000 in 2003. A house across the street sold for $153,500 in 2008. But another a couple of houses away was purchased from a bank for $23,000 a year ago after selling for $140,000 in 2006.

A few commenters thought the North Las Vegas neighborhood from a recent post was suspect. Wait until you read this description.

It's a good neighborhood,” said Jackie Painter, whose family first moved to Panama Gardens in 1958. She spent most of the past decade in Michigan, but when she wanted to move back south, she moved to the neighborhood where her younger sister and 99-year-old mother still live.

“Some of the houses were in really bad shape for awhile,” she said. “But people have come in and fixed them up. They're good neighbors. We get a little riff raff, a few prostitutes will walk down the street, but when they see us watching, they scatter.”

I wonder what she does to make the drug dealers scatter?

Goldman cautioned about anyone expecting to duplicate Laspina's good luck.

“I don't think it's representative,” he said. “Someone won the lottery here. There's a lot of people out there saying they can get you your house free, but they're just selling you something. It's a one-in-a-million thing.”

False hope is a fertile field for scoundrels and villains. Scam artists will use false hope to steal from individuals. The collective theft of false hope is borne by those who make oversized payments waiting for peak values to make them whole. Lenders are the beneficiaries of stories like this one because it serves to motivate the masses to cling to their properties in any way they can. Someday, they might own it, right?

As for Laspina, he plans to clean the mold, mow the lawn and try to sell the house.

I could certainly use the money,” he said.

roger.bull@jacksonville.com, (904) 359-4296

Well, maybe they won't want to own it…

Perhaps those HELOCs weren't a good idea

The debate in Washington is focusing on the terms of first mortgages, but the real problems in the housing bubble were the second mortgages and HELOCs. Subordinate loans were the free-money vehicle of choice for most.

The owner of today's featured property paid $298,000 on 1/25/2002. She used a $238,000 first mortgage, a $29,700 second mortgage, and a $30,300 down payment.

On 4/30/2004 she went Ponzi and refinanced with a $274,000 first mortgage and a $100,000 HELOC. She enlarged the HELOC to $185,000 on 8/24/2007. There is no way to be certain she spent that last $185,000, but she did stop paying the first mortgage.

Foreclosure Record

Recording Date: 04/04/2011

Document Type: Notice of Default

It seems likely this woman could afford the first mortgage without the second mortgage debt. However, adding to the first mortgage and piling on a huge HELOC put her over the edge. Now this will be a distressed sale.

Irvine House Address … 80 MODESTO Irvine, CA 92602

Resale House Price …… $429,500

House Purchase Price … $298,000

House Purchase Date …. 1/25/2002

Net Gain (Loss) ………. $105,730

Percent Change ………. 35.5%

Annual Appreciation … 4.0%

Cost of House Ownership

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$429,500 ………. Asking Price

$15,033 ………. 3.5% Down FHA Financing

4.87% …………… Mortgage Interest Rate

$414,468 ………. 30-Year Mortgage

$93,949 ………. Income Requirement

$2,192 ………. Monthly Mortgage Payment

$372 ………. Property Tax (@1.04%)

$100 ………. Special Taxes and Levies (Mello Roos)

$89 ………. Homeowners Insurance (@ 0.25%)

$477 ………. Private Mortgage Insurance

$352 ………. Homeowners Association Fees

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$3,582 ………. Monthly Cash Outlays

-$359 ………. Tax Savings (% of Interest and Property Tax)

-$510 ………. Equity Hidden in Payment (Amortization)

$28 ………. Lost Income to Down Payment (net of taxes)

$74 ………. Maintenance and Replacement Reserves

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$2,815 ………. Monthly Cost of Ownership

Cash Acquisition Demands

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$4,295 ………. Furnishing and Move In @1%

$4,295 ………. Closing Costs @1%

$4,145 ………… Interest Points @1% of Loan

$15,033 ………. Down Payment

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$27,767 ………. Total Cash Costs

$43,100 ………… Emergency Cash Reserves

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$70,867 ………. Total Savings Needed

Property Details for 80 MODESTO Irvine, CA 92602

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Beds: 2

Baths: 2

Sq. Ft.: 1346

$319/SF

Property Type: Residential, Condominium

Style: Split-Level, Spanish

View: Mountain

Year Built: 2001

Community: Northpark

County: Orange

MLS#: S653991

Source: SoCalMLS

Status: Active

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Bright and airy, large 2 Bedrooms, 2.5 Bathrooms condo in most desirable guard-gated, resort-like Northpark Community. Formal dining room. Seperate living room with over 12 feet high ceiling. Upgraded entry, kitchen and bathrooms floor with Slade stone. Custom window treatment with plantation shutters. Spacious kitchen with built-ins. Two large bedrooms upstairs each has its own bathroom. Balcony off the Master bedroom with hills view. Hugh patio outside of front door. Walk to the Del Mar Garden. Close to shops, school, Tustin Market Place and much more. ..

Seperate? Hugh patio?

Have a great weekend,

Irvine Renter