The TARP Program: Failure or Success?

Is the TARP program a failure or a success? It depends on whether you ask Wall Street or Main Street.

Irvine Home Address … 117 ROCKWOOD 55 Irvine, CA 92614

Resale Home Price …… $289,000

Winners and losers, turn the pages of my life

We’re beggars and choosers, with all the struggles and the strife

I got no reason to turn my head and look the other way

We’re good and we’re evil, which one will I be today?

There’s saints and sinners

Life’s a gamble and you might lose

There’s cowards and heroes

Both have been known now to break the rules

Social Distortion — Winners and Losers

The story of the TARP program has been about winners and losers. Contrary to the much touted goal of preventing foreclosures, the TARP program is primarily designed to prop up our ailing banks. In this regard, it has succeeded. As for helping loan owners stay in their homes, not so much. Of course, the loan owners have benefited from amend-extend-pretend because they have been allowed to squat, but people don't want to squat, they want to own their homes with a reasonable payment. Unfortunately, they paid so much that owning with reasonable payments is not going to happen.

SIGTARP Quarterly Report (PDF)

Office of the Special Inspector General for the Troubled Asset Relief Program

General Telephone: 202.622.1419 Hotline: 877.SIG.2009

SIGTARP@do.treas.gov

www.SIGTARP.gov

October 2010

More than two years have passed since the Emergency Economic Stabilization Act of 2008 (“EESA”) authorized the creation of the Troubled Asset Relief Program (“TARP”). On October 3, 2010, Treasury’s authority to initiate new TARP invest- ments expired, marking a significant milestone in TARP’s history but also leading to the widespread, but mistaken, belief that TARP is at or near its end. As of October 3, $178.4 billion in TARP funds were still outstanding, and although no new TARP obligations can be made, money already obligated to existing programs may still be expended. Indeed, with more than $80 billion still obligated and available for spending, it is likely that far more TARP funds will be expended after October 3, 2010, than in the year since last October when U.S. Treasury Secretary Timothy Geithner (“Treasury Secretary”) extended TARP’s authority by one year. In short, it is still far too early to write TARP’s obituary.

At the same time, TARP’s two-year anniversary is a fitting time for an interim assessment. To what extent has TARP met the goals set for it by the U.S. Department of the Treasury (“Treasury”) in announcing TARP programs and by Congress in providing Treasury authorization to expend TARP funds — avoiding financial collapse, “increas[ing] lending,” “maximiz[ing] overall returns to the taxpayers,” “provid[ing] public accountability,” “preserv[ing] homeownership,” and “promot[ing] jobs and economic growth” — and at what cost? In answering these questions, it is instructive to compare TARP’s impact on Wall Street with its impact on Main Street. By fulfilling the goal of avoiding a financial collapse, there is no question that the dramatic steps taken by Treasury and other Federal agencies through TARP and related programs were a success for Wall Street. Those actions have helped garner a swift and striking turnaround, accompanied by a return to profitability and seemingly ever-increasing executive bonuses. For large Wall Street banks, credit is cheap and plentiful and the stock market has made a tremendous rebound. Main Street, too, has reaped a significant benefit from the prevention of a complete collapse of the financial industry and domestic automobile manufacturers, the ripple effects such collapses would have caused, and increased stock market prices. Main Street has largely suffered alone, however, in those areas in which TARP has fallen short of its other goals.

As these quarterly reports to Congress have well chronicled and as Treasury itself recently conceded in its acknowledgment that “banks continue to report falling loan balances,” TARP has failed to “increase lending,” with small businesses in particular unable to secure badly needed credit.

As an aside, I note that I was contacted by my bank and asked if I wanted a credit line for my new business. When I said, no, I run a cash business trading in hard assets, the loan officer told me they are getting pressure to extend these credit lines, and if I change my mind, they want to loan money.

Indeed, even now, overall lending continues to contract, despite the hundreds of billions of TARP dollars provided to banks with the express purpose to increase lending. As to the goal of “promot[ing] jobs and economic growth,” while job losses may have been far worse without TARP support, unemployment continues to hold at roughly 9.6%, 3% higher than at the start of the program. While large bonuses are returning to Wall Street, the nation’s poverty rate increased from 13.2% in 2008 to 14.3% in 2009, and for far too many, the recession has ended in name only. Finally, the most specific of TARP’s Main Street goals, “preserving homeownership,” has so far fallen woefully short, with TARP’s portion of the Administration’s mortgage modification program yielding only approximately 207,000 (out of a total of 467,000) ongoing permanent modifications since TARP’s inception, a number that stands in stark contrast to the 5.5 million homes receiving foreclosure filings and more than 1.7 million homes that have been lost to foreclosure since January 2009.

I find the blunt truthfulness of this report refreshing. I am amazed this came from our own government.

On the cost side of the ledger, the results have been mixed as well. It is undoubtedly good news that recent loss estimates continue to suggest that the financial costs of TARP may be far lower than earlier anticipated, with the most recent estimates placing the dollar loss at between $51 billion and $66 billion. But costs can involve far more than just dollars and cents. Any fair assessment of TARP must account for other costs that, while more difficult to measure, may be even more significant. For example, as SIGTARP has noted in past quarterly reports, increased moral hazard and concentration in the financial industry continue to be a TARP legacy. The biggest banks are bigger than ever, fueled by Government support and taxpayer-assisted mergers and acquisitions. And the repeated statements that the Government would stand by these banks during the financial crisis has given a significant advantage to the larger “too big to fail” banks, as reflected in their enhanced credit ratings borne from a market perception that the Government will still not let these institutions fail, although the impact of this cost may be blunted by recently enacted regulatory reform.

Indeed our big banks are in a race to see who can get too big to fail. Once there, they no longer have to worry about maintaining good financial ratios, making good loans that will get repaid, or sacrificing short-term gains for long-term growth.

Another even more fundamental non-financial cost, as SIGTARP warned in October 2009, is the potential harm to the Government’s credibility that has attended this program. Despite the recent surge in reporting on TARP’s successes, many Americans to continue to view TARP with anger, cynicism, and mistrust. While some of that hostility may be misplaced, much of it is based on entirely legitimate concerns about the lack of transparency, program mismanagement, and flawed decision-making processes that continue to plague the program. When Treasury refuses for more than a year to require TARP recipients to account for the use of TARP funds, or claims that Capital Purchase Program participants were “healthy, viable” institutions knowing full well that some are not, or when it provides hundreds of billions of dollars in TARP assistance to institutions, and then relies on those same institutions to self-report any violations of their obligations to TARP, it damages the public’s trust to a degree that is difficult to repair. Similarly, when the Government promotes programs without meaningful goals or metrics for success, such as its mortgage modification programs, or when it makes critical and far-reaching decisions without taking an even modestly broad view of their impact, such as pushing for dramatically accelerated car dealership closings without considering the potential for devastating job losses, or when it fails to negotiate robustly on behalf of the taxpayer, as it did when agreeing to compensate American International Group, Inc.’s (“AIG”) counterparties 100 cents on the dollar for securities worth less than half that amount, the Government invites public anger, hostility, and mistrust. And by doing so, it dangerously undermines its ability to respond effectively to the next crisis.

Interesting that this report documents exactly how the government corporatocracy is screwing us.

While TARP is arguably moving to a new phase, recent actions this past quarter unfortunately suggest that the risks it poses to the public’s trust in Government will continue. Indeed, two areas of the greatest anticipated spending going forward — the Home Affordable Modification Program (“HAMP”) and the AIG recapitalization plan — highlight those risks.

This rather scathing report has generated some uncomfortable questions at the Congressional Oversight Panel.

Schwartz to Congressional Oversight Panel: HAMP gets a bad rap

Wednesday, October 27th, 2010, 2:49 pm

The government's much-criticized Home Affordable Modification Program helped set the stage for a successful private loan modification effort that likely wouldn't have gotten off the ground without it, said Faith Schwartz, former executive director of Hope Now.

If that is true, I wish this program had never started. Loan modifications do nothing but provide false hope to loan owners and extend this crisis.

Schwartz testified Wednesday before the Congressional Oversight Panel on the Troubled Asset Relief Program, in a hearing about TARP foreclosure mitigation programs.

"The HAMP roadmap set the stage for servicers to better apply solutions for distressed borrowers who failed to meet the HAMP requirements," Schwartz said in written testimony submitted to the panel.

"The Home Affordable Modification Program (HAMP) has received criticism, in part, because it did not immediately produce certain projected numbers of permanent loan modifications," she wrote.

The program has also been criticized by people like me who think it should not exist at all.

"This criticism is not entirely accurate," according to Schwartz. "HAMP has played an important role by helping to organize the participants and process in the loan modification effort and instituted a loan modification protocol that would have been difficult to mandate in any other way. Hope Now and government agencies attempted this in 2008 through the streamlined modification program, but it did not reflect all investors and primarily focused on GSE-owned loans. That was a start, but the HAMP program expanded and formalized those initial standards for loan modifications."

The Hope Now Alliance was formed in 2007 to expand and better coordinate the private sector and nonprofit counseling community to reach borrowers at risk.

"Early on, the goal of the Alliance was simple: reach at-risk borrowers that had no contact with their servicer," Schwartz said. "Research showed that over 50% of all foreclosures involved homeowners who were not in contact with their servicer."

Have you noticed rumors of principal forgiveness crop up whenever lenders want to get people to contact them? I think they use that as a bait-and-switch enticement to get people to contact their lender.

The alliance established a hotline, organized community outreach events, sent letters to delinquent borrowers and launched a website.

It also established HOPE LoanPort, a Web-based system that enables for uniform intake of an application for a modification, allows stakeholders to see the same information in a secure manner, and delivers a completed loan package to the servicer that is actionable. The pilot program includes 14 large mortgage servicers, representing a majority share of the market.

Everyone knows how slow and inneficient government programs are. As soon as the government got involved, it should have been apparent to everyone that by the time they got their programs working, the majority of loan owners would already be foreclosed on.

"HAMP modifications offer a well-defined safety net for borrowers as a first line of defense," Schwartz said. "As evidenced by Hope Now data, servicers are implementing significant modifications after reviewing for HAMP eligibility by offering alternative modifications in lieu of foreclosure. Servicers report proprietary non-HAMP solutions run almost three times greater than HAMP modifications due to eligibility challenges."

"These are modifications that do not require taxpayer dollars and they are meant to benefit the homeowner and investor in lieu of foreclosure," she said.

HAMP should not exist. It has largely been a failure; and in that, I think it was a success.

Get as much as possible as quickly as possible

One of the lessons the Ponzis learned from the housing bubble is that they need to refinance as soon as a new comp gives them some equity, and they need to keep borrowing to the full extend of their borrowing power. Besides the immediacy of the spending money, it gives them downside protection. When the market inevitably crashes, they have already sold the property to the bank for peak pricing. Then they get to walk away, and while the air comes out of the bubble, they can repair their credit to get ready for the next cycle.

  • The owner of today's featured property paid $170,000 on 10/3/2000. He used a $163,150 first mortgage and a $6,850 down payment.
  • On 8/20/2002 he refinanced with a $189,000 first mortgage.
  • On 7/30/2003 he refinanced with a $189,200 first mortgage.
  • On 8/29/2003 he refinanced with a $201,000 first mortgage.
  • On 10/23/2003 he obtained a 21,500 stand-alone second.
  • On 3/25/2005 he refinanced with a $251,000 Option ARM with a 1% teaser rate.
  • On 1/10/2006 he refinanced with a $328,000 Option ARM with a 2% teaser rate. and obtained a $90,000 HELOC.
  • Total property debt is $418,000 plus negative amortization and almost two years of missed payments.
  • Total squatting time is about 20 months so far.

Foreclosure Record

Recording Date: 08/16/2010

Document Type: Notice of Default

Foreclosure Record

Recording Date: 11/19/2009

Document Type: Notice of Rescission

Foreclosure Record

Recording Date: 06/18/2009

Document Type: Notice of Default

Do you ever wonder when I will run out of these? Irvine is supposed to be an upscale neighborhood where everyone makes hundreds of thousands of dollars a year. Why do we have so much HELOC abuse? Why are so many losing their homes due to their excessive borrowing? Could it be that Irvine is a facade? How much of Irvine is populated by posers trying to impress other posers?

Irvine Home Address … 117 ROCKWOOD 55 Irvine, CA 92614

Resale Home Price … $289,000

Home Purchase Price … $170,000

Home Purchase Date …. 10/3/2000

Net Gain (Loss) ………. $101,660

Percent Change ………. 59.8%

Annual Appreciation … 5.2%

Cost of Ownership

————————————————-

$289,000 ………. Asking Price

$10,115 ………. 3.5% Down FHA Financing

4.29% …………… Mortgage Interest Rate

$278,885 ………. 30-Year Mortgage

$55,099 ………. Income Requirement

$1,378 ………. Monthly Mortgage Payment

$250 ………. Property Tax

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

$48 ………. Homeowners Insurance

$490 ………. Homeowners Association Fees

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

$2,167 ………. Monthly Cash Outlays

-$125 ………. Tax Savings (% of Interest and Property Tax)

-$381 ………. Equity Hidden in Payment

$16 ………. Lost Income to Down Payment (net of taxes)

$36 ………. Maintenance and Replacement Reserves

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

$1,713 ………. Monthly Cost of Ownership

Cash Acquisition Demands

——————————————————————————

$2,890 ………. Furnishing and Move In @1%

$2,890 ………. Closing Costs @1%

$2,789 ………… Interest Points @1% of Loan

$10,115 ………. Down Payment

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

$18,684 ………. Total Cash Costs

$26,200 ………… Emergency Cash Reserves

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

$44,884 ………. Total Savings Needed

Property Details for 117 ROCKWOOD 55 Irvine, CA 92614

——————————————————————————

Beds: 2

Baths: 1 full 1 part baths

Home size: 917 sq ft

($315 / sq ft)

Lot Size: n/a

Year Built: 1980

Days on Market: 65

Listing Updated: 40474

MLS Number: S630604

Property Type: Condominium, Residential

Community: Woodbridge

Tract: Othr

——————————————————————————

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

Price Reduction!!! CLEAN UPSTAIRS 2 BEDROOM, 2 BATH CONDO. BEAUTIFUL VIEW OF PARK/GREEN BELT. GREAT FOR FIRST TIME BUYERS/INVESTORS AND WONDERFUL FAMILY COMMUNITY. WOODEN BLINDS THROUGHOUT. NEWER CARPET AND PAINT. SEPARATE DINING ROOM.

Good for investors? Sure, I want to pay $289,000 to obtain $1,700 a month in rent, and give $490 a month to the HOA. Only a kool aid intoxicated fool would consider this a good investment.

After Eight Years of Squatting, Who Absorbs the Losses?

The losses from the housing bubble will exceed $1.1 trillion. Who is going to pay for it?

Irvine Home Address … 29 SMOKESTONE 30 Irvine, CA 92614

Resale Home Price …… $285,000

Yeah runnin' down a dream

That never would come to me

Workin' on a mystery, goin' wherever it leads

Runnin' down a dream

I rolled on as the sky grew dark

I put the pedal down to make some time

There's something good waitin' down this road

I'm pickin' up whatever's mine

Tom Petty and the Heartbreakers — Running Down a Dream

Mortgage Mess: Shredding the Dream

The foreclosure crisis isn't just about lost documents. It's about trust—and a clash over who gets stuck with $1.1 trillion in losses

October 21, 2010 — Peter Coy, Paul M. Barrett and Chad Terhune

In 2002, a Boca Raton (Fla.) accountant named Joseph Lents was accused of securities law violations by the Securities and Exchange Commission. Lents, who was chief executive officer of a now-defunct voice-recognition software company, had sold shares in the publicly traded company without filing the proper forms. Facing a little over $100,000 in fines and fees, and with his assets frozen by the SEC, Lents stopped making payments on his $1.5 million mortgage.

The loan servicer, Washington Mutual, tried to foreclose on his home in 2003 but was never able to produce Lents' promissory note, so the state circuit court for Palm Beach County dismissed the case. Next, the buyer of the loan, DLJ Mortgage Capital, stepped in with another foreclosure proceeding. DLJ claimed to have lost the promissory note in interoffice mail. Lents was dubious: "When you say you lose a $1.5 million negotiable instrument—that doesn't happen." DLJ claimed that its word was as good as paper. But at least in Palm Beach County, paper still rules. If his mortgage holder couldn't prove it held his mortgage, it couldn't foreclose.

Eight years after defaulting, Lents still hasn't made a payment or been forced out of his house. DLJ, whose parent, Credit Suisse, declined to comment for this story, still hasn't proved its ownership to the satisfaction of the court. Lents' debt has grown to about $2.5 million, including unpaid taxes, interest, and penalties. As the stalemate grinds on, Lents has the comfort of knowing he's no longer alone. When he began demanding to see the I.O.U., he says, "I was looked upon like I had leprosy. Now, I have probably 20 to 30 people a month come to me" asking for advice. Lents is irked when people accuse him of exploiting a loophole. "It's not a loophole," he says. "It's the law."

The Lents Defense, as it might be called, doesn't work everywhere.

This guy is obviously a crook. Wether the bank can produce the paperwork or not doesn't change the basic facts:

  1. There was a note at one time that encapsulated the agreement between this borrower and the lender.
  2. He did borrow the money.
  3. He did agree to repay the money or surrender the house in a foreclosure action.

Since these basic facts are not in dispute, and since Mr. Lent's is not disputing that he failed to meet his contractual obligations, why can't this foreclosure go forward? He says this is not a loophole, but this clearly is a loophole or technical evasion. This squatter needs to get out the bank's house, then he can fight with them over "damages" caused by their failure to produce the note. Since he obviously is not being damaged in any way, his frivilous counter-suit would be dismissed.

So who ends up paying for the losses caused by this squatter. On the surface, this looks like a bank loss, but we all know that the taxpayer will ultimately be on the hook. Are you happy about this guy squatting in luxury while you pay for it?

Thousands of Floridians have lost their homes in lightning-fast "rocket dockets." In 27 other states, judges don't even review foreclosures, making it harder for homeowners to fight back….

Even if the documentation problems turn out to be manageable—as Bank of America (BAC) and others insist they will be—the economy will still suffer long-term consequences from the loose underwriting that caused the subprime housing bubble.

Bullshit alert! This was NOT a subprime housing bubble. The damage has largely been felt by subprime borrowers only because the alt-a and prime borrowers who defaulted have been allowed to squat. When the media begins falsely portraying this as a subprime housing bubble, it implies this was a problem caused by and limited to subprime. That is not accurate, and if widely believed may cause policy errors directed toward the "subprime" problem.

According to an Oct. 15 report by J.P. Morgan (JPM) Securities, some $2 trillion of the $6 trillion in U.S. mortgages and home-equity loans that were securitized during the height of the bubble, from 2005 through 2007, are likely to go into default. The report says the housing bust will ultimately cause losses of $1.1 trillion on those bonds.

Who is going to absorb the $1,100,000,000,000 in losses? The banks can't absorb that much as it would completely wipe out the capital in our banking system. In the end, it will be a combination of investor losses, bank losses, and US taxpayer bailouts that mop up this mess. As you might imagine, investors and bankers are working feverishly to pass that loss on to you.

While banks and investors take their hits, millions of homeowners continue to be punished by unaffordable mortgage payments and underwater home values.

Punished? Well, it they stupidly took on a mortgage payment they cannot afford, they deserve it. If they bought an overvalued house, that is their problem. The authors are setting up loan owners as victims when many of them were buying based on greed.

Laurie Goodman, a mortgage analyst at Amherst Securities Group, said in an Oct. 1 report that if government doesn't step up its intervention, over 11 million borrowers are in danger of losing their homes. That's one in five people with a mortgage. "Politically," she wrote, "this cannot happen. The government will attempt successive modification plans until something works."

We are revisiting this nonsense again. Why can't this happen? What if it does? People will move out of their homes, and new people will move in. So what?

I think she is right that the government will do everything it can to prevent the market from doing what it must to clear the bad debt, and in the process, the government's actions will delay the recovery and cause more people to suffer. When it's all over, the government will release some bullshit report claiming everything they did was right and helpful.

Meanwhile, a high-stakes fight is breaking out between the banks that made loans and the investors who bought them. A shot was fired on Oct. 18 when a group of major investors claimed that Bank of America's Countrywide Home Loan Servicing had failed to live up to its contracts on some of more than $47 billion worth of Countrywide-issued mortgage bonds. The group said Countrywide Servicing has 60 days to correct the alleged violations, such as failure to sell back ineligible loans to the lenders. According to people familiar with the matter, the group includes Pimco, BlackRock (BLK), and the Federal Reserve Bank of New York.

For banks that have just started making money again after near-death experiences in 2008, mortgage losses could delay the return to good health. Chris Gamaitoni, an analyst for Compass Point Research & Trading, a Washington financial advisory firm, estimates losses for the big banks of $134 billion from having to buy back bad loans from private investors and another $27 billion in losses from buying back loans from Fannie Mae and Freddie Mac. Other estimates are lower—from $20 billion to $84 billion—in part because those analysts are less certain than Gamaitoni that investors will succeed in court.

This battle between investors and bankers is more important than most realize. If the investors win, and if banks are liable to repay these losses, banks will suffer longer, and the economy will continue to sputter.

Bank of America, the nation's largest lender, has resorted to tough tactics in resisting repurchases of bad loans. Facing pressure from Freddie Mac, one of the two government-controlled mortgage financing companies, to buy back money-losing home loans with problems like inflated appraisals, overstated borrower income, or inadequate documentation, Bank of America issued a blunt threat, according to two people with direct knowledge of the incident. If Freddie Mac did not back off its demands for the buybacks, Bank of America officials said, the bank would take more of the new, more profitable mortgages it is originating these days to rival Fannie Mae, these people said. Freddie and Fannie, known as GSEs (government-sponsored entities), need a steady supply of healthy new loans to climb out of their financial hole.

Now that is playing hardball. Good for Bank of America.

The claimed threat from Bank of America, which was not put into writing, according to one of these people, was taken seriously enough that it has been discussed at several Freddie Mac board meetings, including one in mid-October. Some officials have urged the Federal Housing Finance Agency—the government conservator that has controlled Fannie and Freddie since they were bailed out in 2008—to confront Bank of America and prevent it from trying to play one against the other, which may be infuriating but is not illegal. "If the tactic worked, I'd be shocked and appalled," said Thomas Lawler, a former portfolio manager at Fannie Mae and now an economic consultant. "The GSEs are supposed to be run now to minimize losses to the taxpayers. Freddie ought to ignore the threat." FHFA Acting Director Edward J. DeMarco declined to comment, as did officials of Freddie Mac. Bank of America also declined to comment.

Why shouldn't Bank of America play one off against the other? The whole reason there are two GSEs instead of one was to foster competition and prevent either from having monopoly powers.

For policymakers, the dilemma is this: Enormous losses will cause problems wherever they end up. They could further harm Fannie and Freddie, which insure the vast majority of the nation's mortgages and have already received nearly $150 billion in taxpayer support. Or, if Fannie and Freddie succeed in pushing the burden back to the banks, the losses could cripple some of the major institutions that have just emerged from a government bailout. Bank of America faces $12.9 billion in buyback requests, and mortgage insurers have asked for the documents on an additional $9.8 billion on which they may consider seeking repurchases, according to regulatory filings. (Bank of America has put aside $4.4 billion for buybacks, and CEO Brian T. Moynihan says the costs will be manageable.) "The Treasury is very aware that they can't push too hard on this because if you do push too hard it might put the companies in negative capital again," says Paul J. Miller, an analyst at FRB Capital Markets. "There's a lot of regulatory forbearance going on."

Aside from ignoring banks' bad debts, Washington hasn't done much to fix the crisis. Both houses of Congress easily passed a bill this year that would have undermined centuries of law by requiring every state to recognize MERS-type electronic records from other states. Only a pocket veto by President Barack Obama kept it from becoming law.

One option, opposed by the Obama Administration and most Republicans in Congress but favored by Senate Majority Leader Harry Reid and others, is a national moratorium on foreclosures. It would last until regulators assure themselves that lenders have straightened out their foreclosure procedures.

So how is that supposed to work? The banks have all resumed their foreclosure proceedings, and they all claim they have worked out any procedural problems. Who can claim otherwise? Do we want to give a bunch of bureaucrats the ability to hold up foreclosures because in their opinion the banks procedures are inadequate? If the banks were not complying with existing laws, then they should be held accountable, but so far, there have been very few cases where any procedural flaws have been identified, and many reporters, loan owners, and attorneys have been looking.

Opponents say it would delay the recovery of the housing market by preventing qualified buyers from getting their hands on foreclosed homes.

Opponents of a moratorium say those things because it does delay the recovery, and it does prevent a qualified buyer from getting their new home.

Look at the language the authors used, "getting their hands on foreclosed homes." They portray the new buyer — a buyer qualifying under new stricter lending standards who will likely make their payments — as some kind of illegitimate claimant, a greedy buyer trying to get their filthy hands on someone else's property. The author's agenda is showing.

Supporters of the idea, such as Dean Baker, co-director of the Center for Economic and Policy Research, say there are plenty of already foreclosed homes available for sale and thus no urgent need to add to the supply.

Goodman, the Amherst Securities analyst, says banks need to reduce the principal that people owe on their homes so they have an incentive not to walk away. "Ignoring the fact that the borrower can and will default when it is his/her most economical solution is an expensive case of denial," Goodman writes. If the home whose mortgage was reduced happens to regain value, 50 percent of the appreciation would be taxed, she says. Meanwhile, to discourage people from sitting tight in homes while foreclosure proceedings drag on, she would have the government tax the benefit of living in the home rent-free.

Those ideas are bad on many levels. First, Foreclosure Is a Superior Form of Principal Reduction. Giving borrowers money only encourages the worst kind of moral hazard. Banks are far better off losing more money now and eliminating moral hazard than encouraging borrowers to steal from them over and over again in the future. Second, the 50% tax on appreciation sounds great, but as soon as some seller somewhere has to actually pay that tax, there will be a tax revolt, and congress will roll over and repeal the tax.

The one idea I do like is taxing the squatters. These people are receiving the beneficial use of the property as surely as if it were a gift of cash. It should be taxed to help pay for the bailouts.

CitiMortgage is testing an innovative alternative based on the legal procedure known as "deed in lieu of foreclosure." The owner turns the deed over to the bank without a fight if the bank promises not to foreclose, lets the family stay in the house after the agreement for six months, and gives relocation assistance.

In other words, CitiMortgage is giving cash for keys, a practice I am learning much about in Las Vegas.

Other ideas: In a New York Times blog post on Oct. 19, Harvard University economist Edward Glaeser suggested federal assistance to overwhelmed state and local courts, as well as $2,000 vouchers for legal assistance to low-income families that can't afford to fight foreclosures.

Just what we need, a handout for attorneys.

Bloomberg News columnist Kevin Hassett, who is director of economic policy studies at the American Enterprise Institute, says in his Oct. 18 column that the newly created Financial Stability Oversight Council should make the foreclosure mess its first big project, "take authority for solving it, and do so as swiftly as possible."

Speed is essential. The longer it drags on, the more the foreclosure crisis corrodes Americans' faith in their financial and legal systems. A pervasive sense of injustice is bad for the economy and democracy as well. Take Joe Lents. The Boca Raton homeowner hasn't made a mortgage payment since 2002, but he perceives himself as a victim. "I want to expose these guys for what they're doing," Lents says. "It's personal now."

Yes, let's take Joe Lents as an example. He is a perfect example of how a pervasive sense of injustice and victimhood can be cultivated among those perpetrating the injustice. Squatters need to get out of the houses they are not paying for. The pervasive injustice is that good families with the buying power to purchase a home are being denied that opportunity by delays in the foreclosure process and political grandstanding.

Evict the squatters now!

He nearly quadrupled his mortgage debt

Some borrowers were obviously gaming the system. No amount of careless spending can explain a borrower that methodically increases his mortgage to its maximum at every opportunity. This borrower had to know he was stripping the equity out of this place, and he was going to do so until he couldn't borrow any more. There was no thought given to actually paying down the mortgage.

  • Today's feature property is one of the hardest working condos I have seen to date. The property was purchased on 8/24/1998 for $130,000. The owner used a $104,000 first mortgage, a $13,000 second mortgage, and a $13,000 down payment.
  • On 3/9/2000 he got a stand alone second for $35,000. After about 18 months of ownership, he got back his down payment plus $18,000 (about $1,000 per month). It almost makes this property cashflow positive if you look at it that way.
  • On 6/7/2002 he refinanced the first mortgage for $176,000.
  • On 6/5/2003 he refinanced the first mortgage for $262,675.
  • On 4/14/2003 he refinanced with a $274,400 first mortgage.
  • On 7/8/2004 he refinanced with a $364,500 first mortgage and obtained a HELOC for $20,250.
  • On 11/1/2006 he refinanced with a $353,000 first mortgage and a $43,950 stand-alone second.
  • Total property debt is $396,950.
  • Total mortgage equity withdrawal is $279,950.
  • Total squatting time is over two years.

Foreclosure Record

Recording Date: 07/08/2010

Document Type: Notice of Sale

Foreclosure Record

Recording Date: 04/16/2009

Document Type: Notice of Sale

Foreclosure Record

Recording Date: 01/12/2009

Document Type: Notice of Default

So what do you think about this borrowers behavior? Perhaps we should reward him with principal reduction. He would be happy to borrow that money all over again, particularly if you are going to pay it off for him through your tax dollars.

Irvine Home Address … 29 SMOKESTONE 30 Irvine, CA 92614

Resale Home Price … $285,000

Home Purchase Price … $130,000

Home Purchase Date …. 8/24/1998

Net Gain (Loss) ………. $137,900

Percent Change ………. 106.1%

Annual Appreciation … 6.5%

Cost of Ownership

————————————————-

$285,000 ………. Asking Price

$9,975 ………. 3.5% Down FHA Financing

4.29% …………… Mortgage Interest Rate

$275,025 ………. 30-Year Mortgage

$54,336 ………. Income Requirement

$1,359 ………. Monthly Mortgage Payment

$247 ………. Property Tax

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

$48 ………. Homeowners Insurance

$290 ………. Homeowners Association Fees

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

$1,944 ………. Monthly Cash Outlays

-$123 ………. Tax Savings (% of Interest and Property Tax)

-$376 ………. Equity Hidden in Payment

$15 ………. Lost Income to Down Payment (net of taxes)

$36 ………. Maintenance and Replacement Reserves

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

$1,496 ………. Monthly Cost of Ownership

Cash Acquisition Demands

——————————————————————————

$2,850 ………. Furnishing and Move In @1%

$2,850 ………. Closing Costs @1%

$2,750 ………… Interest Points @1% of Loan

$9,975 ………. Down Payment

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

$18,425 ………. Total Cash Costs

$22,900 ………… Emergency Cash Reserves

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

$41,325 ………. Total Savings Needed

Property Details for 29 SMOKESTONE 30 Irvine, CA 92614

——————————————————————————

Beds: 2

Baths: 2 baths

Home size: 917 sq ft

($311 / sq ft)

Lot Size: n/a

Year Built: 1980

Days on Market: 174

Listing Updated: 40480

MLS Number: R1003214

Property Type: Condominium, Residential

Community: West Irvine

Tract: Othr

——————————————————————————

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

A CLEAN 2 BR 2 BATH DOWN STAIRS CONDO. HARDWOOD FLOORS, PLANTATION SHUTTERS. COZY. GREAT FOR A STARTER OR DOWN-SIZING FAMILY. ENJOY THE CLEAN COMMUNITY OF WOODBRIDGE.

IHB News 10-30-2010

I hope you are enjoying your Halloween weekend.

Irvine Home Address … 325 TANGELO 324 Irvine, CA 92618

Resale Home Price …… $208,800

Back in black

I hit the sack

I've been too long I'm glad to be back

Yes, I'm let loose

From the noose

That's kept me hanging about

AC/DC — Back in Black

Writer's Corner

I've been feeling energized lately. Everything is going very well personally and professionaly, and i am very excited about the new venture. After two or three years of the red-ink recession, I am back in the black. It's not just financial, its feeling useful, needed, and productive again. Long periods of professional inactivity dulls the mind and the senses. That's a hidden toll the recession exacts on people, even those who don't experience the full brunt of unemployment.

I have been reluctant to write much about the new venture. There are some business secrets I have an obligation to keep. I have been obtaining very good margins, but I don't want to broadcast it too loudly and bring in competitors. The blog has a loud voice at times.

I will start writing some posts about these Las Vegas properties, but I need to think through what I should and should not reveal as my greater duty is to the interests of my investors. If i spent a week documenting the details of each of the seven properties I have purchased, I would likely see a number of new competitors show up at the auction site. There is a balance, and I will find it.

Las Vegas

Las Vegas is an interesting town to travel to for business. Since I am there when the tourists are not, the rooms are much cheaper, and all the activities are less expensive and less crowded.

I have my own barometer of the financial health of Las Vegas. I am still driving to Las Vegas each week. As I go through Victorville and reach the edge of civilization before heading across the high desert, there is a Motel 6. Lately, the rate has been $44.95 per night on Sunday when I drive past. I have been staying at the Sahara for $30 per night. There are often rooms available for less than $20 per night in Las Vegas. When the Motel 6 on the fringe charges more than a big casino hotel on Las Vegas Boulevard, times are tough in Las Vegas. Maybe I am wrong, and perhaps fringe motel rooms always carry a premiium, but the Las Vegas casino hotel is a billion times more fun and interesting.

When I go out in Las Vegas (I like to throw dice), it still feels alive and vibrant. Fremont street is often packed with people, and the strip casinos have a lot of activity. The problem with Las Vegas isn't a decline in the traffic of people (there has been some of that too). The problem is that visitors are not losing or spending as much money as they used to. And while about 50% of the construction industry remains unemployed, those idle workers are not earning money and contributing to the economy. The lack of a viable housing market and its associated labor market is what makes this recession go on and on.

I have always liked Las Vegas for a variety of reasons. And going there every week is a responsibility I enjoy.

Housing Crash News

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Fri Oct 29 2010

Foreclosure activity up across most US metro areas (mynorthwest.com)

Foreclosure Crisis Is Spreading, New Data Show (npr.org)

Treasury Links Foreclosure Ills to Better Housing Prices (nytimes.com)

TARP Watchdog Makes Chilling Comment About Foreclosure-Gate (businessinsider.com)

New House Sales Stuck at Rock-Bottom (blogs.wsj.com)

'How To Forge A Client's Signature' And Other Lessons From Ameriquest (dailybail.com)

"Straight Talk" with Economic Bloggers (Mish)

Signs Hyperinflation Is Arriving (gonzalolira.blogspot.com)

2010 Contraction Now Crushing Consumers More Than Great Recession (businessinsider.com)

In Spain, Houses Are Taken but Debt Remains (nytimes.com)

GOP leader calls for weaning housing market from government support (scrippsnews.com)

New Theory on Evolution of Poltical Beliefs (miller-mccune.com)

The Robin Hood Tax (robinhoodtax.org)

Bill Gates, Sr, Promotes 'Robin Hood' Tax On WA Wealthy (huffingtonpost.com)

Portrait emerges of woman whose mummified body was found in realtor's car (latimes.com)

What's it really worth?


Thu Oct 28 2010

Scholar says lower housing prices are here to stay (lvrj.com)

Low household formations translate to high vacancy rates (firsttuesdayjournal.com)

Bernanke's Failed CNBC Predictions From 2005-07 (dailybail.com)

Bill Gross' calls QE Policy History's Most "Brazen Ponzi Scheme" (Mish)

Fed zombies hungry for quantitative easing (marketwatch.com)

Treasury: Foreclosure woes not systemic threat (financialpost.com)

Irwindale officials spent lavishly during trips to discuss housing for poor (latimesblogs.latimes.com)

Economy is running out of gas (marketwatch.com)

How Much Does It Cost the Government To Prevent a Foreclosure? (theatlantic.com)

Mortgage Mess Could Hit Banks, Housing (sandiegoreader.com)

The real foreclosure mess: Lack of accountability for banks (washingtonpost.com)

Mortgage scandal boosts investors' campaign to get banks to buy back securities (washingtonpost.com)

Elite group organizing campain to recover mortgage bond losses (blogs.wsj.com)

Mortgage Fraud and Foreclosure Fraud: The Perfect No-Prosecution Crime (usawatchdog.com)

Wall Street banks seeking to hide risks (bloomberg.com)

The real danger: another stealth bailout of the big banks (washingtonsblog.com)

Most Americans worry about ability to pay mortgage or rent (washingtonpost.com)

Val Kilmer slashes price of New Mexico ranch by $10 million (sfgate.com)

Thank You Damon S. ($20) for your kind donation.

What's it really worth?


Wed Oct 27 2010

Mortgage Bankers Push Housing Recovery to uh, 2012 (blogs.wsj.com)

Housing Cliffdives (hard to see that last data point, so small…) (dailybail.com)

US stocks down after weak housing report (economictimes.indiatimes.com)

US house prices dip again in August (bbc.co.uk)

House prices fell in August, near lows (finance.yahoo.com)

San Diego's slight house price rise stalls in August (signonsandiego.com)

Beach house from list at $2,900,000 to selling for $900,000 (doctorhousingbubble.com)

LA houses advertised in China (shanghai.craigslist.com.cn)

Australian housing hurtles toward disaster (smh.domain.com.au)

Real House Prices, Price-to-Rent Ratio (calculatedriskblog.com)

With foreclosures crisis, banks undermine faith in markets (money.cnn.com)

US should remove top bank execs over foreclosure mess (voices.washingtonpost.com)

Mortgages to Drop Below $1 Trillion in 2011 to Least Since 1996 (bloomberg.com)

Even The Super-Rich Prefer Renting To Buying In This Market (businessinsider.com)

Top Incomes Grew Five-Fold in 2009 to an Average of $519 Million (dailyfinance.com)

Number of Californians entering foreclosure rises 19% (latimes.com)

How Long Does Foreclosure Take? (npr.org)

Judge Judy: Before the Mortgage Crisis (youtube.com)

End Social Security And Medicare Now! (patrick.net)

Thank You Jaime L. ($10) for your kind donation.

What's it really worth?


Tue Oct 26 2010

Plans to cut the federal budget deficit could affect mortgage debt subsidies (articles.latimes.com)

Housing and banking lobbies will kill any attempt to free citizens from debt (marketwatch.com)

Existing House Inventory increases 8.9% Year-over-Year (calculatedriskblog.com)

99 Weeks: When Unemployment Benefits Run Out (cbsnews.com)

The Real Unemployment Rate Is 17% (realclearpolitics.com)

226,000 could lose jobless benefits (economy.ocregister.com)

Backdoor Foreclosure Via Insurance (mindonmoney.wordpress.com)

Liquidity Traps, Falling Velocity, Commodity Hoarding, and Bernanke's Misguided Tinkering (Mish)

Why the Fed's 'Trickle-Down Economics' Is Failing (dailyfinance.com)

Fed is dumpster for banks' smallpox-blanket-grade mortgage bonds (kunstler.com)

What is a currency war, and how do you win one? (slate.com)

US banking regulators in new foreclosures probe (bbc.co.uk)

Banks can't even manage to act in their own interest (nytimes.com)

Commercial Property Prices in U.S. Decline to Eight-Year Low (bloomberg.com)

Global house prices (economist.com)

A $10 million house in bubble days is now a $5 million house (reuters.com)

Unemployment Misery, Lower Earnings For All But Super Wealthy (huffingtonpost.com)

One rich guy who wants to pay higher taxes: Bill Gates Sr. (mcclatchydc.com)

Mukesh Ambani: India billionaire's house in Mumbai (latimes.com)

Housing Cartoons (Last one best) (ritholtz.com)

What's it really worth?


Mon Oct 25 2010

Interview with Gary Shilling: housing to fall 20% more (cnbc.com)

Sudden and Dramatic Drop in U.S. House Prices: 5.9% price drop in 2 months (clearcapital.com)

Unmentioned Elephant In Foreclosure Fraud Room: Second Liens (blogs.alternet.org)

Foreclosure crisis is about who gets stuck with $1.1 trillion in losses (businessweek.com)

We'd like to return these bad loans, please (money.cnn.com)

To fix the economy, let bad banks die (latimes.com)

FDIC Called On To Put Bank Of America Into Receivership (commondreams.org)

Mortgage interest deduction subsidizes wealthy at expense of middle class (mybudget360.com)

Reduction in debt subsidies could be in houseowners' futures (contracostatimes.com)

California unemployment: Government job losses (latimes.com)

Housing Calculator Guy Apologizes For Lack Of Negative Numbers (npr.org)

Dubai: Real Estate Crash Sends Prices, Rents Falling (news.yahoo.com)

Apartments are a good investment for some (usatoday.com)

Demand Rising for Rentals Among the Ultrarich (nytimes.com)

Income Inequality Linked to Senate Standoffs (miller-mccune.com)

Health Care and the Campaign (nytimes.com)

Was Fraud the Business Model for the Entire Mortgage Industry? (washingtonsblog.com)

Inside Job (film) (en.wikipedia.org)

Banks defeat regulation (salon.com)

Mobile Homes from Cullman Liquidation (honesty in advertising) (biggeekdad.com)

Four gets you one hundred and fifty

If you manage to time the real estate cycle in California, the return on investment can be enormous. All the speculators who used 100% financing and either HELOCed or sold at the peak obtained an infinite return because their investment was zero. But even the FHA buyers who put 3% down obtained returns on their investment that in many cases is measured in triple digits. The owner of today's featured property invested $4,500 when he purchased, and when he refinanced at the peak, he sold it to the bank (in a nefarious way) and made $169,500. That is approximately 38 times what he invested. The bank is left holding a $262,500 mortgage on a tiny old condo worth about $200,000 in today's still-inflated market.

Irvine Home Address … 325 TANGELO 324 Irvine, CA 92618

Resale Home Price … $208,800

Home Purchase Price … $97,500

Home Purchase Date …. 3/10/1999

Net Gain (Loss) ………. $98,772

Percent Change ………. 101.3%

Annual Appreciation … 6.6%

Cost of Ownership

————————————————-

$208,800 ………. Asking Price

$7,308 ………. 3.5% Down FHA Financing

4.23% …………… Mortgage Interest Rate

$201,492 ………. 30-Year Mortgage

$39,525 ………. Income Requirement

$0,989 ………. Monthly Mortgage Payment

$181 ………. Property Tax

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

$17 ………. Homeowners Insurance

$250 ………. Homeowners Association Fees

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

$1,437 ………. Monthly Cash Outlays

-$89 ………. Tax Savings (% of Interest and Property Tax)

-$279 ………. Equity Hidden in Payment

$11 ………. Lost Income to Down Payment (net of taxes)

$26 ………. Maintenance and Replacement Reserves

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

$1,107 ………. Monthly Cost of Ownership

Cash Acquisition Demands

——————————————————————————

$2,088 ………. Furnishing and Move In @1%

$2,088 ………. Closing Costs @1%

$2,015 ………… Interest Points @1% of Loan

$7,308 ………. Down Payment

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

$13,499 ………. Total Cash Costs

$16,900 ………… Emergency Cash Reserves

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

$30,399 ………. Total Savings Needed

Property Details for 325 TANGELO 324 Irvine, CA 92618

——————————————————————————

Beds: 1

Baths: 1 bath

Home size: 819 sq ft

($255 / sq ft)

Lot Size: n/a

Year Built: 1979

Days on Market: 218

Listing Updated: 40362

MLS Number: S611090

Property Type: Condominium, Residential

Community: Orangetree

Tract: Othr

——————————————————————————

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

Looking for Investor or solid owner occupant transaction to stay the course with the short sale process.

Good luck with that.

I find that the cumbersome nature of the short sale process makes is easier for flippers to sell houses. Buyers don't have the patience to wait forever for a short sale. There are many buyers who have offers on several short sales, and they sit and wait for one of them to pop. When a filpper puts a property on the market, it gets attention because a prospective buyer does not have to wait for a bank to make up its mind. Both short sales and REO are bank decisions. Third party trustee flips pair serious sellers and impatient buyers. If the property is priced right, it quickens the pace of sales significantly.

An Argument for Higher Mortgage Interest Rates

Would higher mortgage interest rates allow more people to qualify for loans and help absorb the foreclosures?

Irvine Home Address … 4471 WYNGATE Cir Irvine, CA 92604

Resale Home Price …… $788,000

I was listening to the radio

I heard a song reminded me of long ago

Back then I thought that things were never gonna change

It used to be that I never had to feel the pain

I know that things will never be the same now

I wanna go back

And do it all over again

But I can't go back I know

Eddie Money — I Wanna Go Back

Right now, I don't want to see mortgage interest rates go higher. I plan to borrow heavily to buy as many cashflow-positive properties as I can get, and as long as interest rates are low, I hope to take advantage of them. However, the best thing for the housing market is not sustained low mortgage rates because those rates only benefit the few who qualify. We need lower prices, higher interest rates, and more people to qualify for mortgages.

Non-Prime Mortgages: Time to Lend Again?

By Jeff Corbett Oct 26th 2010

often hear people wonder aloud why banks won't loosen underwriting standards on home mortgages. I'm beginning to wonder the same thing. That's because I think it is time for lenders to start issuing mortgages to non-prime borrowers again, though not on the same shaky terms that triggered the housing crisis of 2008, of course.

I wondered why we don't relax lending standards for investors in Should Government Mortgage Subsidies Be Offered to Cashflow Investors? There are many good borrowers being denied credit right now because lenders are so afraid of certain loan products that even the small number of borrowers who can properly utilize certain loan products are being denied. However, the main reason banks won't loosen underwriting standards is because they really don't know which ones they can loosen and still get their loans repaid.

First, the reason why lenders are hesitant to relax loan requirements: The heart of the matter is: Mortgage rates and their profitability margins are so low, it just isn't worth the risk to lend to anyone who is anything but a AAA+ credit-worthy consumer.

Furthermore, it takes an implicit guarantee from Fannie Mae or Freddie Mac, on top of that sterling rating, to make mortgage lending even semi-palatable for a bank or investor.

The real problem with mortgage lending is super low interest rates made possible by government loan guarantees. It started when the Federal Reserve began buying down interest rates through purchase of GSE insured loans. When the program terminated in early 2009, there was great concern that interest rates would rise. After the Fed quit purchasing GSE MBS, purchase applications and home sales plummeted. As purchase applications fell, so did interest rates as the supply of money available for home mortgages exceeded demand.

Mortgage interest rates are at historic lows for those with good credit who are borrowing less than the conforming limit; however, for those outside of these parameters, either the interest rate is significantly higher, or credit is simply not available. The market would ordinarily react by pushing interest rates higher. If the yield does not match the risk — and the risk is much higher for non-insured loans — the yield must go up to attract capital. Higher yields mean higher interest rates.

For better or worse, the housing market is fueled by Wall Street's appetite for mortgage-backed securities. As mortgage rates continue to set historical lows, so do their profitability margins — as well as the profitability margins of the securities they reside in (that investors typically buy, sell and otherwise trade on).

Being that investors have no appetite for high-risk, low-yield investments, there's simply no money in mortgages right now. As a result there is very limited credit available in the marketplace, especially to non-prime borrowers.

This is not a problem limited to subprime borrowers. Anyone looking for a jumbo loan can expect to pay a much higher interest rate and be subject to very high qualification standards. Even then, these loans don't make much sense given the likelihood of declines at the high end.

This is in stark contrast to what was a high-risk, high-yield, credit free-for-all environment that was in place from 2002 until the housing market crash in late 2008.

So, it's been two years since the crash and the prevailing thought has become that: Interest rates must be kept low to keep consumers "incentivized" and "transacting." Unsustainable consumer incentives have run their course. A tax credit has been tried and proved expensively ineffective while interest rates have been kept artificially low for too long. These are strategies that treat the illness but do little toward finding a cure.

Our current policy of market manipulation to sustain inflated prices is the problem. Fix the Housing Market: Let Home Prices Fall.

Current mortgage rates for the most qualified consumers and properties are hovering around 3.99 percent for a 30-year-fixed and as low as 2.875 percent for the 5-year-fixed variety. Yet while mortgage rates are jaw-droppingly low, the housing market is no closer to snapping out of the protracted downward spiral it's been in for a couple years now. You can drop rates to .399 percent, but if only a tiny consumer pool qualifies for such, there isn't enough benefit to impact the market in a meaningful way.

Money needs to be thoughtfully brought back to non-agency mortgage-backed securities, which would require higher interest rates and the yields they offer investors. Huh? Yes, increasing interest rates and the yields that accompany them are required if we want to see credit flow back into the non-agency — that includes portfolio, jumbo, Alt-A and subprime loans — mortgage-bond markets. We need more liquidity and credit in the non-prime, non-agency mortgage pools if we want to pull out of the housing quagmire, because there's a huge pool of non-prime borrowers who can afford mortgages.

If prices were allowed to fall, and if mortgage interest rates were allowed to find a natural equilibrium, credit would be made available to more people. The problem right now is not interest rates, it is the number of qualified borrowers who can take advantage of them. The market manipulation has made mortgage debt inexpensive and affordable, but only for a small number of people.

It isn't a matter of simply lowering qualification standards and allowing more people to borrow at low interest rates. We must find a natural market where risk is tied to yield, then we will have credit being made available to a larger number of people albeit at much higher rates.

Something that gets lost when discussing borrower defaults and foreclosures is that people who were prime borrowers are defaulting just as readily as non-prime borrowers. At the same time, there is an abundance of non-prime borrowers making their mortgage payments in a timely fashion.

I've had the opportunity to personally review residential mortgage-backed securities and can attest that FICO scores and loan-to-value ratios are not the leading factors behind mortgage defaults. That's why I think it's time to bring back the non-prime borrower into the mortgage market.

So, how high do rates need to be? Likely 300 to 400 basis points (3 percent to 4 percent) higher than they are today.

Therein lies the reason why this doesn't happen. If interest rates were 300 to 400 basis points higher, affordability would decline about 50%, and prices would crumble. A natural rate of interest after a catastrophe like the housing bubble would be much higher than it is today. The housing bubble was caused by a mispricing of risk, and we are still doing it. Before it was questionable credit default swaps that allowed the market to misprice risk, now it is the backing of the US government that is doing the same. AIG went under because of the credit default swaps they issued. The US taxpayer will likely absorb huge losses because we are currently underwriting the entire housing market.

Interest rates of 6 percent to 7 percent on a fixed-rate mortgage are still cheap money, and there is a very large pool of consumers who could afford mortgages with rates in this range but who qualify for nothing under today's agency-backed underwriting guidelines. Get back to mitigating risk with price, but in a more responsible way.

Non-prime borrowers will call for different underwriting standards. I'm not talking about going back to the days of no income, no asset, no job requirements; I suggest going back to more logical and flexible underwriting criteria. A heavy emphasis must still be kept on the substantive components of mortgage qualification: Credit, income and assets.

These suggestions will ultimately come to pass, but it will be years before we have anything resembling a natural market for interest rates or home prices. For now, propping up prices with artificial interest rates created by government backing is the official policy, and as long as our banks teeter on the edge of insolvency, this policy will continue.

Despite the robo-signing paperwork mess, there will continue to be abundance of foreclosed inventory flowing into the market — that desperately needs buyers who desperately need credit — or the property will continue to rot a hole into the housing market and U.S. economy for many years to come.

We learned a lot from the housing boom and subsequent bust. No one is suggesting that we go back to the period of 2003 to 2007. Increased awareness and transparency on many levels likely will prevent that.

Actually, many have suggested that we return to the bubble ways. Many of our efforts to prop up the market are similar to what we did in the bubble. For example, loan modification programs are essentially Option ARMs. No amount of awareness and transparency is going to prevent a housing bubble.

I recommend that lenders increase rates and yields to match the risk of the underlying borrower and security. A bold move like that will get investor liquidity and credit flowing back into a market that is choking itself out.

I agree that we need to match yield to risk to better serve the housing market, but it isn't going to happen any time soon because in order to do what he suggests, house prices would need to fall another 30% while interest rates doubled. The bank losses and chaos that would create make it unpalatable to policy makers and, of course, the banks — if you can actually tell the difference between the two.

What passes for responsible mortgage management in Irvine

Most loan owners I profile in Irvine have more than doubled their mortgage. Almost all borrowers I see looking through the property records have added to their mortgage. It is a very rare case to find a homeowner who paid it down. What should be the norm — paying down a mortgage on a 30-year amortization schedule — is a rarity.

In the HELOC Abuse Grading System, I wrote this about Grade C HELOC abusers:

I hate to give borrowers in this category a "passing" grade, but this is the reality for most Americans. Growing credit card or mortgage debt slowly generally can be compensated for through home price appreciation, and although I consider this a bad idea, I can't really call it HELOC abuse, just foolish HELOC use. Is there a distinction there? I will let you decide.

Financial planners will tell you that most people fail to budget properly for unexpected expenses (they don't save), so when they fall behind a little each month, they put the balance on a credit card and hope they can pay it back with a tax return — or during the bubble with a visit to the housing ATM.

People are still going to manage their bills this way going forward, and there will be pressures to "liberate" this equity to pay for these expenses. The money changers will continue to peddle this nonsense as sophisticated financial management. It is a stupid way to manage debt, and I give it a C.

  • The owners of today's featured property paid $192,000 on 6/17/1988. I don't have their original mortgage data, but they likely put 20% down.
  • On 4/6/1998 they refinanced with a $191,000 first mortgage. Ten years after buying this property, the mortgage nearly equaled their purchase price.
  • On 7/17/2000 they obtained a $37,000 HELOC.
  • On 12/10/2003 they got a $50,000 HELOC.
  • On 10/21/2004 they refinanced with a $215,000 first mortgage.
  • On 5/31/2007 they opened a $150,000 HELOC.
  • On 8/31/2009 they refinanced again with a $264,500 first mortgage.

After owning the house for 22 years, they should have it nearly paid off, but instead, they extracted $100,000 in equity and they have enlarged their mortgage considerably. They will still sell this home and make a significant profit — thanks to the housing bubble.

So what do you think? Is this a reasonable way for people to manage their mortgage debt? Are these people acting wisely and responsibly?

Irvine Home Address … 4471 WYNGATE Cir Irvine, CA 92604

Resale Home Price … $788,000

Home Purchase Price … $192,000

Home Purchase Date …. 6/17/1988

Net Gain (Loss) ………. $548,720

Percent Change ………. 285.8%

Annual Appreciation … 6.3%

Cost of Ownership

————————————————-

$788,000 ………. Asking Price

$157,600 ………. 20% Down Conventional

4.23% …………… Mortgage Interest Rate

$630,400 ………. 30-Year Mortgage

$149,166 ………. Income Requirement

$3,094 ………. Monthly Mortgage Payment

$683 ………. Property Tax

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

$66 ………. Homeowners Insurance

$0 ………. Homeowners Association Fees

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

$3,842 ………. Monthly Cash Outlays

-$726 ………. Tax Savings (% of Interest and Property Tax)

-$872 ………. Equity Hidden in Payment

$239 ………. Lost Income to Down Payment (net of taxes)

$99 ………. Maintenance and Replacement Reserves

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

$2,582 ………. Monthly Cost of Ownership

Cash Acquisition Demands

——————————————————————————

$7,880 ………. Furnishing and Move In @1%

$7,880 ………. Closing Costs @1%

$6,304 ………… Interest Points @1% of Loan

$157,600 ………. Down Payment

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

$179,664 ………. Total Cash Costs

$39,500 ………… Emergency Cash Reserves

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

$219,164 ………. Total Savings Needed

Property Details for 4471 WYNGATE Cir Irvine, CA 92604

——————————————————————————

Beds: 5

Baths: 3 baths

Home size: 2,694 sq ft

($293 / sq ft)

Lot Size: 5,000 sq ft

Year Built: 1970

Days on Market: 5

Listing Updated: 40473

MLS Number: S636555

Property Type: Single Family, Residential

Community: El Camino Real

Tract: Wl

——————————————————————————

This is a custom home with light large open spaces. Custom wood work and hardwood flooring give the home a warm, friendly feeling. The windows are large and include operable skylights. This creates excellent cross ventilation. The home is located within walking distance to all schools. Irvine High School, Heritage Park, and Irvine public library are very close by. The home has three bedrooms downstairs and two upstairs, along with a large bonus room. The bonus room has a built-in Murphy bed. The three full bathrooms have been remodelled, and the master bathroom features a Jacuzzi tub. The upstairs bathroom is a Jack and Jill, opening to both bedrooms. There are two fireplaces. One is used brick in the living room. The other is in the master bedroom. Mature trees and landscaping make the exterior of the home lovely and relaxing. The home includes a gazebo in the backyard, which is included in the sale.

remodelled?

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

Have a great weekend,

Irvine Renter

Foreclosure Delays May Catalyze Downward Spiral in House Prices

Lenders are in a no-win situation with regards to future house prices.

Irvine Home Address … 10 BLUE Riv Irvine, CA 92604

Resale Home Price …… $779,000

I've come to help you

With your problems

So we can be free

I'm not a Hero

I'm not a Savior

Forget what you know

I'm just a man who's

Circumstances went beyond his control

Beyond my control,

We all need control

The problem's plain to see

Too much technology

Machines to save our lives

Machines de-humanize

Styx — Mr. Roboto

In our quest for efficiency, we have eliminated much of the human element from our mortgage finance system. With automated models for loan qualification, payment processing, and now foreclosure, we have turned the system over to machines and computer algorithms. Most of what we have done in this area has been an improvement, but have we gone too far?

The Housing Bust Lobby

Obama is right to resist the foreclosure wails from the political left.

OCTOBER 19, 2010 — WSJ Opinion

More than three years into the housing bust, the foreclosure mitigation lobby apparently wants to keep the fun going. That will surely be the result if the political uproar over bank "robo-signers" becomes a moratorium on foreclosures.

So far the Obama Administration, to our surprise and perhaps its own, has behaved with admirable sobriety despite the wailing from the political left. Housing Secretary Shaun Donovan indulged in some familiar bank-bashing in an op-ed on the weekend, but he also says a moratorium would be a mistake. Perhaps this is because he knows something about mortgage contracts, including that bank process errors don't add up to an injustice to homeowners who haven't been paying their mortgages for months or years. He also notes that stopping a foreclosure creates unintended victims—such as the potential new buyer.

That is one of the first acknowledgments of the plight of new buyers I have seen in the media. Everyone is so focused on helping out the deadbeats being foreclosed on that we forget that a new buyer — a buyer willing to pay the mortgage — is waiting to move in to their new home. The idea that delinquent borrowers should have their debts forgiven because of a procedural error is ridiculous.

The alleged scandal here is that "robo-signers" for mortgage servicing companies have been signing foreclosure authorizations based on assurances from colleagues, rather than reviewing the files themselves. Some banks and mortgage servicing companies were also sloppy in maintaining records on the ownership of loans. This supposedly leads to horrible consequences for borrowers, though the evidence remains elusive.

The New York Times appeared to have produced a front-page victim on Friday—a woman fighting eviction from her $75,000 home at the hands of lender GMAC. The woman has not paid her mortgage in two years while remaining in the house. Some may view this as a case of rough treatment, but we doubt New York Times subscribers can receive the paper for two years after they stop paying for it.

All the squatters should move out first, then they can sue the lender for whatever they want. If they have a legitimate claim, they will be compensated, and if they don't have a legitimate claim — and we all know none of them do — then they can pound sand.

One left-wing financial blog has compiled news accounts that as many as seven people have unfairly suffered a foreclosure, despite making all payments. That's right, seven in a nation of more than 310 million. Our Journal colleagues also found a borrower who apparently paid her bills but was still charged additional fees by Senator Chris Dodd's favorite mortgage company, Countrywide Financial. As we said last week, whether the number of legitimate victims is seven or eight or more, anyone who paid on time and still suffered at the hands of a bank should be made whole. But on the record so far this is not a case of widespread fraud or injustice.

On the issue of maintaining the documents to establish ownership of a mortgage debt, it's not surprising that the process is messy, given that Fannie Mae and Freddie Mac helped design it. But securitization errors are also process flaws, and they do not entitle everyone to a free house.

Joseph Mason, a Wharton fellow and finance professor at Louisiana State University, states it plainly: "There is no question whether the contracts each party signed were valid. The Borrower owes the money they used to buy the property. The Lender has a claim to that money. Mere delays in providing the right documentation of a perfected collateral claim will not change the situation."

Part of me feels sad for the millions of distressed borrowers who are clinging to yet another false hope for debtor salvation. How many people are lapsing back into denial of their current circumstances because of stories like these? There is no hope that this pre-election emotional nonsense will result in delinquent borrowers getting debt relief. If this story gets people to make three or four more payments, does that benefit anyone other than the banks?

Sloppiness in some financial back offices does not come close to justifying a national foreclosure moratorium. By some estimates such a freeze could cost more than $2 billion per month, and given how involved the unwilling taxpayer has become in mortgage finance, this damage won't necessarily be limited to bank shareholders. This is a nightmare for anyone who wants a healing housing market and investors willing to lend to the next generation of homeowners. It also raises false hopes among delinquent borrowers.

More losses absorbed by taxpayers, more delays in reaching the bottom in prices, and more false hopes that will be dashed later: what a mess.

Backers of a moratorium claim they are upholding the rule of law, while we have allegedly abandoned it in opposing a freeze. This argument has it backwards. We say that disputes over private contracts should be decided on an individual basis under the law. The moratorium crowd wants to use the individual cases as a political lever to enact policies that effectively change the terms of existing contracts—e.g., more loan modifications, reductions in loan principal via bankruptcy court, or a moratorium.

As for the state Attorneys General who are promoting this foreclosure fracas, watch how few of them merely seek to force banks to document ownership, and how many try to muscle banks into settlements with unrelated benefits for the AGs' favored constituencies.

The moratorium lobby also argues that keeping people in homes they can't afford will somehow help the economy. This is of a piece with more than three years of failed policies intended to prevent housing markets from finding a bottom. These policies—begun under George W. Bush and continued under President Obama—have succeeded mainly in prolonging the agony and delaying a recovery.

In a slow-growth, high-unemployment economy still mending from a financial crisis, there are only so many trillion-dollar markets the politicians can destroy without sending America back into recession. Mr. Obama has often seemed indifferent to the economic consequences of political decisions, but on this issue he has correctly perceived the horrendous cost of blowing up the mortgage market again.

The ramifications of this policy go even deeper. The basic conundrum facing the banks is to foreclose or not to foreclose. If they foreclose, and if they process the sales, prices will crash. If they don't foreclose, more borrowers will quit paying, and prices will remain high, but few people will actually be paying them as squatting becomes the norm (Squatting Becoming a Way of Life for Many Delinquent Borrowers).

How The Foreclosure Mess Could Create a Downward Spiral for Housing

Monday, 25 Oct 2010 — John Carney

The mortgage mess that lead to foreclosure freezes by several large banks across much of the country may slow down the ability of banks to issue new mortgages, which could push the housing market into a sharp downward spiral.

Even as banks begin to lift their voluntary moratoriums on foreclosures, the paperwork problems—banks discovering that they often were not producing valid proof of ownership in foreclosure proceedings—that led to the freezes have the potential to stymie new lending.

The paperwork problem is curable. Banks can go back through the chain of ownership of loans and liens to correct lapses.

But this process is time consuming and costly, especially when some of the original mortgage lenders or intermediary owners of the mortgages have gone bankrupt or been merged into other banks.

In the meantime, borrowers who have defaulted on their loans will likely be able to keep their homes for longer than they otherwise could. (Thinking About Accelerated Default? The Average Squatting Time Is Up to 449 Days) What’s more, banks are likely to find that more foreclosure actions are contested by borrowers as the public and attorneys eager to collect legal fees by fighting foreclosures become more aware of the documentation problems.

I wonder how many people will give their last dollars to attorneys to fight for hopeless dream of regaining their lost property?

All this means that banks will find themselves with more bad loans on their books. The normal pace of run-off of bad loans—delinquency to default, default to foreclosure, foreclosure to sale—has meant banks have not been able to recover revenue on non-performing loans for upwards of a year and a half in much of the country. The new pace of run-off will likely mean that banks are stuck with the non-performing loans for far longer.

The longer it takes for banks to exit bad loans and recover cash, the higher the level of bad loans on the books of banks will get. As the non-performing loan portfolio grows, banks will need to set aside an increasing amount of capital to balance. This will, in turn, mean banks will make fewer home loans until the backlog of bad loans can be cleared up.

In short, the foreclosure crisis has the potential of creating a liquidity crisis for home loans. The actual number of defaults is not necessarily increasing—it’s just taking longer than usual to clear the old non-performing loans. But this means that banks aren’t generating revenue from the foreclosures. It also means that the loan portfolios will appear to be worsening as the percentages of non-performing loans grow.

This process of a liquidity crunch for the mortgage market could be short-circuited if both investors and regulators are willing to provide some relief to banks. Regulators at the FDIC and the Fed could grant dispensation to banks to keep making new loans despite spiking non-performance rates in the home loan portfolio.

We have already granted banks dispensation by allowing amend-extend-pretend. What more do we need to do? Perhaps we should just let them loan out money to anyone with a pulse to fill the buyer pool. Oh, wait, we tried that once, didn't we?

Investors too could look beyond the temporary drop in recovery rates and rising default levels—although this is far from guaranteed. Investors could also panic at the bad numbers and sharply sell-off bank stocks. Bank executives are likely to fear the latter—which would mean that even if regulators grant relief, banks could still hold back when it comes to extending new home loans.

The only reason banks hold back on writing new loans is because there aren't enough creditworthy borrowers available. Anyone who is not already over-indebted, has a job, and has good credit can borrow plenty.

A liquidity crunch in the mortgage market would hit home sales hard. Buyers would discover credit harder to come by and more expensive, which would push down the price of homes even further. Coming after a summer with particularly brutal home sales numbers, this could set the stage for a sharp decline in home prices across much of the country.

This is, in fact, what is happening today. As I noted Monday, the Home Price Drop was Sudden and Dramatic.

And that’s when things will get really scary. A sharp decline in home prices would put even more borrowers underwater. Many buyers who are already underwater but hoping for a home price recovery might lose that hope. Default rates would grow, putting even more pressure on the banks to slow down lending. The further slowdown on lending would put more downward pressure on home prices. Rinse. Repeat.

In short, we could be looking at a downward spiral on home loan lending and home prices, thanks to sloppy paperwork by the banks that, in the rush to make new loans during the housing bubble, failed to make sure they were meeting legal requirements for perfecting and transferring mortgage interests in homes. It’s a mess the banks made—but the price of which may be visited upon many homeowners.

The downward spiral is what took out the subprime areas. Will the alt-a and prime be next? It's starting to look that way.

Tale of Two Borrowers

IT WAS the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness, it was the epoch of belief, it was the epoch of incredulity, it was the season of Light, it was the season of Darkness, it was the spring of hope, it was the winter of despair, we had everything before us, we had nothing before us, we were all going direct to Heaven, we were all going direct the other way.

The period of the housing bubble was a time of contrasts. The belief was that prices were normal and that they would rise forever; the reality was that prices were inflated and rising based on foolish emotion and greed.

Today's featured property is the tale of two successive HELOC abusing owners. The first spent $100,000 of his equity but still found the greater fool to give him even more. The second owners spent $120,000 of their equity only to go into default as their imagined equity evaporated.

  • Owner number one purchased this property on 11/28/2000 for $425,000. He used a $297,500 first mortgage and a $127,500 down payment.
  • On 7/15/2002 he refinanced with a $350,000 first mortgage.
  • On 4/14/2003 he refinanced with a $397,500 first mortgage.
  • Mortgage equity withdrawal was $100,000 which was most of his down payment.

The property records are unclear, but based on the HELOC information of the next owners, it looks like the property was sold on 7/19/2004 for $655,000. Despite the first owner withdrawing and spending his down payment, he still walked away with double what he put into the property. I think that kind of borrower behavior is foolish, but when people were rewarded for it during the bubble, I can see why everyone started doing it.

The next owners pick up with a $131,000 HELOC on 7/19/2004. Assuming this was a purchase money mortgage that represented a 20% of the purchase price, this property sold for $655,000. This couple increased their HELOC to $250,000 on 11/16/2005 and withdrew $129,000. They imploded in spring of 2009, and two loan modifications later, they are trying to sell.

Foreclosure Record

Recording Date: 07/09/2010

Document Type: Notice of Rescission

Foreclosure Record

Recording Date: 06/28/2010

Document Type: Notice of Default

Foreclosure Record

Recording Date: 09/18/2009

Document Type: Notice of Rescission

Foreclosure Record

Recording Date: 08/18/2009

Document Type: Notice of Default

Loan owners in California have become accustomed to spending their equity. In their minds this is now an entitlement. It's one of the perks for living in California and taking on those oversized mortgages. As long as this belief persists, and as long as lenders enable this foolishness, we will continue to have cycles of booms and busts that periodically enriches everyone and imperils the banks.

Irvine Home Address … 10 BLUE Riv Irvine, CA 92604

Resale Home Price … $779,000

Home Purchase Price … $425,000

Home Purchase Date …. 10/28/2000

Net Gain (Loss) ………. $307,260

Percent Change ………. 72.3%

Annual Appreciation … 6.2%

Cost of Ownership

————————————————-

$779,000 ………. Asking Price

$155,800 ………. 20% Down Conventional

4.23% …………… Mortgage Interest Rate

$623,200 ………. 30-Year Mortgage

$147,462 ………. Income Requirement

$3,058 ………. Monthly Mortgage Payment

$675 ………. Property Tax

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

$65 ………. Homeowners Insurance

$38 ………. Homeowners Association Fees

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

$3,837 ………. Monthly Cash Outlays

-$718 ………. Tax Savings (% of Interest and Property Tax)

-$862 ………. Equity Hidden in Payment

$236 ………. Lost Income to Down Payment (net of taxes)

$97 ………. Maintenance and Replacement Reserves

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

$2,591 ………. Monthly Cost of Ownership

Cash Acquisition Demands

——————————————————————————

$7,790 ………. Furnishing and Move In @1%

$7,790 ………. Closing Costs @1%

$6,232 ………… Interest Points @1% of Loan

$155,800 ………. Down Payment

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

$177,612 ………. Total Cash Costs

$39,700 ………… Emergency Cash Reserves

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

$217,312 ………. Total Savings Needed

Property Details for 10 BLUE Riv Irvine, CA 92604

——————————————————————————

Beds: 4

Baths: 3 baths

Home size: 2,900 sq ft

($269 / sq ft)

Lot Size: 5,400 sq ft

Year Built: 1975

Days on Market: 70

Listing Updated: 40457

MLS Number: U10003725

Property Type: Single Family, Residential

Community: El Camino Real

Tract: Dc

——————————————————————————

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

Beautiful expanded and remodeled Plan 5. Downstairs Bedroom expanded with private entrance. Kitchen fully upgraded with granite counter tops, butcher block center island, stainless steel double dishwasher, new micro/convect oven, and stainless range. All new windows and upgraded base and crown. Recessed lighting, laminate wood floors and slate floors and granite counter in guest bath.