California Continues to Tax Forgiven Recourse Debt

Today we look at one family in San Diego hoping for debt forgiveness that isn't going to happen.

Today's featured property is a nice Woodbridge cottage bouncing off the illusory bottom.

Irvine Home Address … 4 SWEET RAIN Irvine, CA 92614

Resale Home Price …… $629,000

{book1}

Love is like oxygen

You get too much you get too high

Not enough and you're gonna die

Love gets you high

Time on my side

I got it all

I've heard that pride

Always comes before a fall

Sweet — Love Is Like Oxygen

Appreciation is like oxygen, you get too much prices get too high, not enough and your gonna die — or at least be forced to pay down debts — a fate antithetical to a borrowing dependant lifestyle.

Recently, I wrote about The Coming Tax Nightmare Over Forgiven Mortgage Debt in California, and recently another story was written about the Hefty tax bill may hit those who lost home.

San Diegans who have lost their homes through foreclosure or short-sales thought they had emerged from the dark times and could start rebuilding their lives.

Then the state tax man came calling.

With less than six weeks before taxes are due, an estimated 16,000 former homeowners statewide will owe $15 million in extra income taxes this year and $29 million through 2012.

Today we look at one family lamenting the $20,000 tax bill they must pay for their failed speculation.

[March 2, 2010 | Photo by Charlie Neuman. Bonnie and Clyde are facing a California tax bill of up to $20,000 because, they have found, the state treats short-sales differently than the IRS.]

Phyllis Roth, 63, a tax preparer, said she did not realize until recently that the state would treat the short-sale differently than the Internal Revenue Service would. She estimates her state taxes at $15,000 to $20,000.

“I didn’t call anybody,” she said. “I was looking online and didn’t see anything. That’s what happens when you rely on yourself.”

Brilliant marketing for her tax preparation business, "Let me help you miss a $20,000 tax obligation. I did."

For the Roths, who continue to own a previous home and have other assets, their nearly $200,000 in losses does not cancel out their other holdings. The couple said they normally operate conservatively and only bought the home, which they lived in while their son continued to live in their first house, so they could sell it at a profit and pad their retirement accounts.

“If we have to pay it, we’ll pay it,” Phyllis Roth said of the taxes. “It’s less money to retire on, but it’s not the end of the world.”

If we have to pay it? Sure, let's take our broken State budget and carve out a tax break for HELOC abusers and everyone else who lost money speculating in the housing market. That should provide a great incentive for frugality and curb speculation. Not.

Congress exempted most homeowners from the extra federal tax through 2012, and the state followed suit for 2007 and 2008 but did not extend the provision last year. The state Assembly may vote tomorrow on a bill to repeal the tax, but Gov. Arnold Schwarzenegger vetoed such a bill last year over unrelated provisions.

“The state of California is seriously upside down financially, and I think the governor will probably veto it again,” Nemeth said.

H.D. Palmer, a spokesman for the Department of Finance, said Schwarzenegger remains opposed to the bill in its present form but has not announced whether he will veto it again. Other versions of the tax repeal are in the hopper and could be passed next month, legislators’ analysts said.

Failure to halt the tax could cost Jack and Phyllis Roth of Fletcher Hills as much as $20,000 in state income taxes this year — they paid $781 last year — because of the home they sold short in Flinn Springs in November. They bought it in 2004 for $545,000, invested $50,000 in improvements, and then saw its value fall by one-third before they sold it for $410,000. The result was about $190,000 in net loss that was forgiven by the Roths’ lender.

Notice the words the reporter selected, "They bought … invested." They did neither of those things; they borrowed. These people put no money down, borrowed another $50,000, sold for a $190,000 loss, and they are complaining because they might lose $20,000 of their money in taxes. We are not saving an already injured party from further pain, we are removing the only real pain these people will feel.

[schadenfreude alert] The state Franchise Tax Board has received an increasing number of calls from former homeowners who are discovering the giant tax bills they face, said spokeswoman Denise Azimi. Azimi said the former homeowners can work out a payment schedule, though the state charges 4 percent interest on such stretched-out payments.

If the tax is repealed eventually, the taxpayers could seek a refund, but for now, they have to pay what is due by April 15 or face a penalty.

Sen. Lois Wolk, D-Davis … who chairs the Senate Revenue and Taxation Committee, said it was appropriate to group all tax conformance measures into one bill. But if her bill is vetoed again, she indicated she would act to get the cancellation of debt tax repealed.

“We’re certainly not going to allow homeowners to have to pay significantly more tax when they’ve had to relinquish their homes through short-sales (and foreclosures),” Wolk said.

Why not? People who have non-recourse purchase money mortgages are not getting a tax bill. It is only investors, speculators, multiple-property owners, HELOC abusers and others with recourse loans who are getting a break. They are not a group who needs subsidies.

Insolvency

Every borrower will try to establish insolvency as defined by the Internal Revenue Service:

Do not include a canceled debt in income to the extent that you were insolvent immediately before the cancellation. You were insolvent immediately before the cancellation to the extent that the total of all of your liabilities exceeded the FMV of all of your assets immediately before the cancellation. For purposes of determining insolvency, assets include the value of everything you own (including assets that serve as collateral for debt and exempt assets which are beyond the reach of your creditors under the law, such as your interest in a pension plan and the value of your retirement account). Liabilities include:

  • The entire amount of recourse debts, and
  • The amount of nonrecourse debt that is not in excess of the FMV of the property that is security for the debt.

As defined by the IRS, insolvency is a condition of negative net worth; in other words, if you have no assets for the IRS to take, they will leave you alone. True or not, the incentive to feign and declare insolvency is huge.

How many people are filling false tax returns claiming insolvency when in reality, they just don't want to pay, and they hope they can cheat and get away with it?

Irvine Home Address … 4 SWEET RAIN Irvine, CA 92614

Resale Home Price … $629,000

Home Purchase Price … $290,000

Home Purchase Date …. 7/7/1998

Net Gain (Loss) ………. $301,260

Percent Change ………. 116.9%

Annual Appreciation … 6.7%

Cost of Ownership

————————————————-

$629,000 ………. Asking Price

$125,800 ………. 20% Down Conventional

5.06% …………… Mortgage Interest Rate

$503,200 ………. 30-Year Mortgage

$131,132 ………. Income Requirement

$2,720 ………. Monthly Mortgage Payment

$545 ………. Property Tax

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

$52 ………. Homeowners Insurance

$137 ………. Homeowners Association Fees

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

$3,454 ………. Monthly Cash Outlays

-$467 ………. Tax Savings (% of Interest and Property Tax)

-$598 ………. Equity Hidden in Payment

$249 ………. Lost Income to Down Payment (net of taxes)

$79 ………. Maintenance and Replacement Reserves

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

$2,717 ………. Monthly Cost of Ownership

Cash Acquisition Demands

——————————————————————————

$6,290 ………. Furnishing and Move In @1%

$6,290 ………. Closing Costs @1%

$5,032 ………… Interest Points

$125,800 ………. Down Payment

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

$143,412 ………. Total Cash Costs

$41,600 ………… Emergency Cash Reserves

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

$185,012 ………. Total Savings Needed

Property Details for 4 SWEET RAIN Irvine, CA 92614

—————————————————————————-

3 Beds

2 full 1 part baths Baths

1,567 sq ft Home size

($401 / sq ft)

3,024 sq ft Lot Size

Year Built 1980

5 Days on Market

MLS Number L32256

Single Family, Residential Property Type

Woodbridge Community

Tract Ch

——————————————————————————–

Detached 3 bedroom home in Woodbridge. Steps to South Lake facility. Light and airy ineterior. All white kitchen with breakfast bar for extra seating. Formal livingroom with fireplace. Extra spacious family room with built ins. French doors and window shutters throughout. Mirrored wardrobe doors in the master bedroom. HOA ammeneties include: South Lake, pool, park, tennis, club house, etc…

ineterior? ammeneties?

I like the well-kept neighborhoods with these cottages.

Woodbridge Home 2

Woodbridge Home 4

Woodbridge Home 3

Irvine Housing Blog No Kool Aid

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

Have a great weekend,

Irvine Renter

The Face of Housing Entitlement Today

Defaulting loan owners are living rent-free in properties, and you are subsidizing this through government bailouts.

Today's featured property is a small wonder over-improved by its owners who are hoping they added hundreds of thousands in value. What will the market say?

Irvine Home Address … 5 FERN Cyn Irvine, CA 92604

Resale Home Price …… $629,000

{book1}

Living off the fat of the land

They hold their justice in the palm of their hand

Lay down your gun and surrender quiet

Or there's gonna be a Cajun riot

Pain is too good for you

Your last breath, is all you have left

Take it before you're doomed

Cajun hell

Before you're doomed

Exodus — Cajun Hell

Many people currently living off the fat of the land are doomed. Like the condemned enjoying a final peaceful meal, they wait in comfort for a disheartening drop. In the meantime, we manifest a new housing entitlement in the United States; once you sign loan documents and move in, you are entitled to live in comfort indefinitely.

In a recent post I noted the following:

The amend-pretend-extend dance will continue until lenders tire of paying the piper. Shadow Inventory contains the new entitlement class; while unemployed renters sleep in shelters, unemployed homeowners squat in luxury, sustain false lives on lender largess, and exalt their status in preparation for the unceremonious fall from entitlement.

Today I want to introduce you to the one couple living off lender largess — and indirectly they're living off you and I as taxpayers subsidizing lenders — from the LA Times article Many borrowers in default live for free as lenders delay evictions:

Despite being months behind, many strapped residents are hanging on to their homes, essentially living rent-free. Pressure on banks to modify loans and a glut of inventory are driving the trend.

[Patricia and Eugene Harrison, who bought their Perris home seven years ago, have lived there since October 2008 without making any payments on their mortgage. (Irfan Khan / Los Angeles Times / February 19, 2010)]

Do you think any unemployed renters who are failing to pay rent are living that well? Full dinner plates, a solid roof, mementos and permanent storage, comfortable surroundings; we endow these entitlements on those who own.

Often these owners foolishly over borrowed — by the way, how did the couple in the picture get that far behind on a 2002 or 2003 mortgage? These people should be renting or residing in a homeless shelter. Others use their car.

If you can sign your name to a mortgage, you no longer have to fear homelessness, and your level of entitlement increases significantly. Are you comfortable with this entitlement you as taxpayer provide? Is home ownership and loan ownership the new foundation of the American entitlement system? Does this feel just to you?

[Pictured above: Unemployed renter and family who failed to sign loan documents and squat in a house]

When you reflect on it, the threat of homelessness is the pillar of our economic system. If you don't want to work and produce something of value to society, you endure society's minimum standard-of-living entitlement, which isn't a high quality of life (just ask the homeless). In the United States, we use the threat of homelessness to combat sloth; however, now that we have created a new entitled class of loan owners, we threaten the whole system. What is the incentive for couple in Perris to solve their problems and get current on their payments? That costs money. They don't want to repay money, they only want to spend money. Isn't their real incentive to ride out their entitled condition as long as possible?

Back to the article:

It's been 16 months since Eugene and Patricia Harrison last paid the mortgage on their Perris home. Eleven months since the notice got slapped on their front door, warning that it would be sold at auction.

A terse letter from a lawyer came eight months ago, telling them that their lender now owned the house. Three months later, the bank told them to pay up or get out by the end of the week.

Still, they remain in the yellow ranch-style home they bought seven years ago for $128,000, with its views of the San Jacinto Mountains. They're not planning on going anywhere.

Are these owners unemployed? Did they put 20% down and now they are in default on a $102,400 mortgage? Or did they HELOC themselves to oblivion and leave the bills? If they did not spend their house, why don't they sell it and get their equity? Surely, their house is worth more than a conservative mortgage of $100K? How are they different from Bonnie and Clyde?

"We're kind of on pins and needles, but who'd want to leave when you put this kind of energy into a house?" said Eugene Harrison, 70, gesturing toward a bucolic mural of mountains, stream and flowers the couple painted on the living room wall.

Throughout the country, people continue to default on their home loans — but lenders have backed off on forced evictions, allowing many to remain in their homes, essentially rent-free.

Several factors are driving the trend, industry experts say, including government pressure on banks to modify loans and keep people in their homes.

And with a glut of inventory in places like Southern California's Inland Empire, Nevada and Arizona, lenders are loath to depress housing prices further by dumping more properties into a weak market.

Yes, housing blogs have been describing the catastrophic effects of inventory dumping for years, and we witness the carnage in markets like Las Vegas, Phoenix, and Riverside County.

Economists say the situation won't last forever, but in the meantime the "amnesty" may allow at least some homeowners to regain their financial footing and avoid eviction.

So while renters get evicted with nothing, squatting loan owners get to luxuriate to regain their footing.

In the Inland Empire, an estimated 100,000 homeowners are living rent-free, according to economist John Husing, who based that number on the difference between loan delinquencies and foreclosures. Industry experts say it's difficult to say how many families are in that situation nationally because only banks know for sure how many customers have stopped paying entirely.

Did you catch that number? John Husing is describing shadow inventory, and Riverside County has a serious supply overhang. What are we going to do with 100,000 delinquent borrowers there?

"For some reason, banks are being more lenient with homeowners who are behind on their loans," Sharga said. "Whether it's a strategy to try and slow down the volume of foreclosures or simply a matter of the banks being able to keep up with volume is something that banks only know for sure."

For some reason? LOL! Shadow inventory is a much larger problem than bulls are willing to face. Banks are slow to foreclose for both reasons given. While the banks prepare to blast freeloading homeowners out of their bunkers of entitlement, they must figure out what they are going to do with all those properties. Not to worry, they will come up with some solution that continues to funnel your hard-earned money to their pockets.

Irvine Home Address … 5 FERN Cyn Irvine, CA 92604

Resale Home Price … $629,000

Home Purchase Price … $276,000

Home Purchase Date …. 10/1/1999

Net Gain (Loss) ………. $315,260

Percent Change ………. 127.9%

Annual Appreciation … 7.8%

Cost of Ownership

————————————————-

$629,000 ………. Asking Price

$125,800 ………. 20% Down Conventional

5.06% …………… Mortgage Interest Rate

$503,200 ………. 30-Year Mortgage

$131,132 ………. Income Requirement

$2,720 ………. Monthly Mortgage Payment

$545 ………. Property Tax

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

$52 ………. Homeowners Insurance

$50 ………. Homeowners Association Fees

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

$3,367 ………. Monthly Cash Outlays

-$467 ………. Tax Savings (% of Interest and Property Tax)

-$598 ………. Equity Hidden in Payment

$249 ………. Lost Income to Down Payment (net of taxes)

$79 ………. Maintenance and Replacement Reserves

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

$2,630 ………. Monthly Cost of Ownership

Cash Acquisition Demands

——————————————————————————–

$6,290 ………. Furnishing and Move In @1%

$6,290 ………. Closing Costs @1%

$5,032 ………… Interest Points

$125,800 ………. Down Payment

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

$143,412 ………. Total Cash Costs

$40,300 ………… Emergency Cash Reserves

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

$183,712 ………. Total Savings Needed

Property Details for 5 FERN Cyn Irvine, CA 92604

——————————————————————————–

3 Beds

2 baths Baths

1,350 sq ft Home Size

($466 / sq ft)

4,500 sq ft Lot Size

Year Built 1974

1 Days on Market

MLS Number S607254

Single Family, Residential Property Type

El Camino Real Community

Tract Di

——————————————————————————–

MUST SEE THIS…GREAT CURB APPEAL-Beveled Glass bay window – NEW THOMASVILLE CUSTOM KITCHEN! Cherry wood cabinets, Granite Counters,Frigidare Professional Series Stainless appliances-Vaulted Ceilings-New windows and Doors-Ceramic tile floors-Custom Lighting–Cul de sac–Private side enterance – Concrete tile roof – New roll-up Garage Door – Lush mature landscaping – Tile hardscaping – Large back yard, great for children – Best Schools…5 Deerfield pools..Tennis in the park…Standard sale –

Creative writing: dashes, commas and ellipses with no periods.

HELOC dependency

Day after day, I see sellers who have spent their home price appreciation as it came in as if it were a source of managed income. I believe this practice is so widespread that many who live in California consider it an entitlement; buy a house and you automatically get to double your spending power. With entitlement comes a social acceptance of the means to obtaining that entitlement — taking on excessive debt. To the chagrin of lenders, borrowers have also figured out that if things don't work out it is easy to walk away from debt and start over, and any social stigma associated with foreclosure and bankruptcy has vanished.

  • Today's featured property was purchased on 10/1/1999 for $276,000. The owners used a first mortgage and a $50,000 down payment — well, kind of…
  • On 10/13/1999 a stand-alone second for $50,000 was recorded on the property. The real down payment was $0.
  • On 5/9/2001 they refinanced with a $273,000 first mortgage reflecting a $3,000 decline in their mortgage balance.
  • On 2/13/2004 they went over to the dark side and refinanced for $313,000.
  • On 1/3/2005 they opened a stand-alone second for $90,000.
  • Total mortgage debt is $403,000.
  • Total mortgage equity withdrawal is $127,000.

I gave these owners a "D" because the $90,000 stand-alone second is more than just paying off a few credit cards; that is simply adding to a mortgage to get the money to spend which crosses the threshold of knowingly spending anticipated appreciation which is a "D" by definition. Since their withdrawal was relatively small by Irvine standards — $127,000 — and since they paid down the mortgage at times, one could argue for a "C."

Not a bad take for a $0 investment — plus, if they get their asking price, they stand to make another $200,000. They won't get it.

I have been inside both neighboring properties 1 Fern Canyon and 3 Fern Canyon, the latter in particular was much larger and very nice inside. It appears that the original listing was for $529,000 — a more realistic although still inflated asking price. Perhaps the owners feel they added $100,000 in value by installing an over-the-top Thomasville kitchen. ~giggles~

High-End Owners Compete for Buyers and Dance with Asking Prices

Lenders work to inflate our flagging housing bubble to limit their losses. The lender of today's featured property is hoping for $275,000 extra in its loss recovery efforts. Are you willing to step forward and help them out?

Irvine Home Address … 101 LATTICE Irvine, CA 92603

Resale Home Price …… $1,100,000

{book1}

Oh dancing with myself

Oh dancing with myself

Well there's nothing to lose

And there's nothing to prove

I'll be dancing with myself

Dancing with Myself — Billy Idol

High-end market pricing is a symbolic, mutually-shared illusion with sellers and lenders — a group increasingly becoming sellers — pretending that current pricing is stable and praying preying they find a patsy to pay the huge note. Some gyrate their asking prices in a do-si-do dancing up and down and ending where they started. Today's featured property shuffled two steps back and six steps forward:

Property History for 101 LATTICE

Date Event Price
Mar 01, 2010 Price Changed $1,100,000
Mar 01, 2010 Price Changed $985,000
Mar 01, 2010 Relisted
Feb 08, 2010 Price Changed $875,000
Jan 18, 2010 Price Changed $925,000
Jan 12, 2010 Price Changed $895,000
Nov 18, 2009 Delisted
Nov 16, 2009 Price Changed $825,000
Oct 23, 2009 Delisted
Oct 21, 2009 Listed $875,000
Feb 28, 2006 Sold (Public Records) $1,380,000

What would possess whoever is in control of this asking price to raise it $275,000 over the last five months? Is this a short sale where the lender keeps raising their approved short-sale price? Did the realtor have influence? I don't think the sellers care any more:

Foreclosure Record

Recording Date: 02/16/2010

Document Type: Notice of Sale (aka Notice of Trustee's Sale)

Foreclosure Record

Recording Date: 11/13/2009

Document Type: Notice of Default

Their $1,104,000 Option ARM blew up.

High-end inventory

According to recent reports, high-end house sellers lower their sights, and anyone selling mansion can expect to wait 3 years. I found these quotes from the first article interesting:

"The market moved, and so with it did the price," Eisenberg said. "The seller is a smart businessman and a reasonable guy — he gets it — and the best part is that he is under no real pressure to sell as the property is owned free and clear of any debt."

Therein lies one reason for more overpricing in the luxury home market, said Gary Painter, director of research at the USC Lusk Center for Real Estate.

"What's different about the high end, compared to the general population, is that people who have substantial resources are able to wait longer" to sell, Painter said. "In the bottom of the market you see negative-equity situations, loans going up, people must sell. Outside forces force them to price to sell. Those sorts of outside forces aren't as present [at the upper end]."

We all know this is not true for most properties between $1,000,000 and $3,000,000, and as I demonstrated in $3,367,500 HELOC Abuse from Hollywood, $5,000,000 HELOC abuse from Laguna Beach, $7,000,000 HELOC abuse in Newport Coast and 18 different properties in Huntington Beach, high end markets are inflated beyond belief, not by cash buyers, but by highly leveraged pretenders who are dancing with their lenders in amend-extend-pretend.

More so perhaps than in other parts of the nation, Southland sellers have another reason for overpricing at the onset: the magical belief that a star will happen upon their place and be willing to pay any price.

That statement — complete with its ironic truth about wishful thinking — is a setup for an even bigger delusion:

"The story of celebrities knocking on doors and overpaying for a house they 'have to have' still floats around," Malibu agent Gardner said.

Reinforcing the popular myth, Cotton said, is that "every once in a while the real estate god looks down and someone will buy a place that's overpriced."

In other words, stupid knife catchers are everywhere.

Quoting Steve Thomas?

From the Altera website:

President – Steven Thomas

Steven is a 3rd Generation real estate and it is truly in his blood. He is an Orange County native and has served as the dynamic leader through many of the changes in Orange County over the years and is THE expert on OC market dynamics.

Occasionally, even industry shills have a valid observation (from the OC Register story):

At the current pace, the overall market is a seller’s market without much appreciation at all. The number of distressed homes within the Orange County housing market is keeping a lid on appreciation. On the other hand, the higher end price ranges are experiencing a deep buyer’s market, the higher the price range, the deeper the buyer’s market. The hottest price range is homes priced between $250,000 and $500,000, with an expected market time of 1.75 months. Contrast that with homes priced above $4 million with an expected market time of 33.89 months.

Remember O.C. has 13 months of unlisted foreclosures, so the market-time is quickly approaching infinity. Lenders are very concerned about the massive losses they will take as the high end deflates, and they are doing everything possible to prevent it, but moving back to sustainable lending standards means that people really must have the incomes to support the loans.

This is a nice house, but is it the property fitting to someone making $230,000 a year with over $220,000 in the bank? That is who will buy this. Are there enough of these high wage earners to support the number of homes that must wash through the system? That is really the question we are exploring. According to sales volumes, the number of listings and the total shadow inventory, the answer appears to be a resounding "no" — unless you believe the cartel will hold together. I don't.

Irvine Home Address … 101 LATTICE Irvine, CA 92603

Resale Home Price … $1,100,000

Home Purchase Price … $1,380,000

Home Purchase Date …. 2/28/2006

Net Gain (Loss) ………. $(346,000)

Percent Change ………. -20.3%

Annual Appreciation … -5.3%

Cost of Ownership

————————————————-

$1,100,000 ………. Asking Price

$220,000 ………. 20% Down Conventional

5.06% …………… Mortgage Interest Rate

$880,000 ………. 30-Year Mortgage

$229,324 ………. Income Requirement

$4,756 ………. Monthly Mortgage Payment

$953 ………. Property Tax

$242 ………. Special Taxes and Levies (Mello Roos)

$92 ………. Homeowners Insurance

$252 ………. Homeowners Association Fees

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

$6,295 ………. Monthly Cash Outlays

-$1306 ………. Tax Savings (% of Interest and Property Tax)

-$1046 ………. Equity Hidden in Payment

$435 ………. Lost Income to Down Payment (net of taxes)

$138 ………. Maintenance and Replacement Reserves

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

$4,516 ………. Monthly Cost of Ownership

Cash Acquisition Demands

——————————————————————————–

$11,000 ………. Furnishing and Move In @1%

$11,000 ………. Closing Costs @1%

$8,800 ………… Interest Points

$220,000 ………. Down Payment

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

$250,800 ………. Total Cash Costs

$69,200 ………… Emergency Cash Reserves

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

$320,000 ………. Total Savings Needed

Property Details for 101 LATTICE Irvine, CA 92603

——————————————————————————–

3 Beds

2 full 1 part baths Baths

2,460 sq ft Home Size

($447 / sq ft)

6,154 sq ft Lot Size

Year Built 2004

141 Days on Market

MLS Number S593530

Single Family, Residential Property Type

Quail Hill Community

Tract Othr

——————————————————————————–

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

Nice home in Quail hill overlooking hospital, city area and local highways…Somewhat open spacious floor plan with vaulted ceilings, plantation shutters, canned lighting, newer carpet, hardwood flooring in some areas, partly travertine flooring, stainless steel appliances, granite countertop in kitchen, wood banister leading upstairs to smaller bedrooms and master has a small view balcony off the room….backyard has built in island bbq with room for entertaining with slight local freeway noise.

Did you read the honesty in that description? Somewhat open… slight local freeway noise… This description provides a balanced account of the property and mentions negatives, something quite rare. There is no puffing or realtorese in the description. I want to thank rkp for sharing this property in the astute observations.

Interest-Only Loans Join Option ARMs in Dustbin of Financial History

The GSEs no longer buy or insure interest-only loans; the last vestige of Ponzi financing washes away.

Today's property features excellent photography, and of course, too high a price.

Irvine Home Address … 4 LOCUST Irvine, CA 92604

Resale Home Price …… $499,900

{book1}

Hooked into this deceiver

Need more and more

Into the endless fever

Need more and more

New consequence machine

Burn through all your gasoline

Asylum overtime

Never mind

You reach the end of the line

Metallica — The End Of The Line

Interest-only loans have reached the end of the line. I discussed interest-only adjustable rate mortgages in Conservative House Financing – Part 1:

The advantage of IO ARMs is their lower payments. Or put another way, the same payment can finance a larger loan. This is how IO ARMs were used to drive up prices once the limit of conventional loans was reached (somewhere in 2003 in California). A bubble similar to the last bubble would have reached its zenith in 2003/2004 if IO ARMs had not entered the market and inflated prices further. In any bubble, the system is pushed to its breaking point, and it either implodes, or some new stimulus pushes it higher: the negative amortization mortgage (Option ARM).

Besides the low interest rates, the continued use of these products has helped support our market at 2003/2004 prices despite the still inflated price levels. Will removing this form of financing cause prices to fall?

(Federal Citizen Information Publication link)

Freddie Mac Will Cease Purchases of Interest Only Mortgages

For Immediate Release

February 25, 2010

Contact: corprel@freddiemac.com

or (703) 903-3933

McLean, VA – Freddie Mac (NYSE: FRE) announced today that on or about September 1, 2010, the company will cease purchasing and securitizing interest only mortgages, including Freddie Mac Initial InterestSM fixed-rate and adjustable-rate mortgages.

Freddie ends buying of all interest-only mortgages

By Lynn Adler

NEW YORK, Feb 26 (Reuters) – Freddie Mac (FRE.N), the second largest purchaser of U.S. residential mortgages, said on Friday that it would stop buying and securitizing all interest-only mortgages because of the poor performance of those loans.

Interest-only mortgages, or IOs, including Freddie Mac's Initial Interest mortgages, provide only interest payments for a specified period starting with the first monthly payment, and then principal and interest for the rest of the loan term.

In its fourth quarter results this week, Freddie Mac said the unpaid principal balance of IO loans was almost $130 billion at the end of December, or 7 percent of its total portfolio.

Nearly 18 percent of those loans were seriously delinquent, meaning at least 90 days late.

"This change is another step in our efforts to refine our mortgage credit and purchase requirements to promote responsible lending and sustainable homeownership," Freddie Mac spokesman Michael Cosgrove said.

About 14 percent of the loans had credit enhancements, according to the company. The average unpaid principal balance per loan was $254,601, Freddie Mac said.

"Our decision to stop purchasing all interest-only type mortgages — through all flow and bulk purchase paths — and to retire our Initial Interest fixed-rate and adjustable-rate mortgage products in the coming months is a result of continuing poor performance of these products in aggregate," Cosgrove said.

Freddie Mac said it would end its IO purchase and securitization activity on or about Sept. 1.

When you cut through the BS, Freddie Mac bailed on interest-only mortgages because they are losing too much money — we were losing too much money. As the guarantor, taxpayers should be happy this program is being eliminated.

The impact this will have on the housing market is yet to be seen, but eliminating affordability products, by definition, harms affordability. In a rising market, this is a speedbump, but in a weak market, it is another reason for continued price weakness. Many marginal buyers who would have used this unstable financing option must now reduce their bids.

Freddie Mac: Final Nail in the Coffin of Interest Only Mortgages?

For those unfamiliar with interest only loans, in general it is a mortgage that the borrower agrees to only pay the interest on the debt for a set period of normally five or ten years. At the end of the interest-only period, the mortgage payment “balloons” because the borrower must begin paying off the principal as well as interest. Many times, the purpose for such a loan is for a person who wants to buy a house and believes their future income will increase to cover the payments that otherwise they would not be able to afford. It is easy to understand why these loans get a lot of the blame for inflating the housing bubble. Obviously, the problem arises when the borrower’s income does not meet their expectations, or as is all too common these days it disappears entirely. Furthermore, this type of loan can be particularly destructive when the housing market falls because there has been no dent made in the principal amount, so a home owner can be “underwater” more quickly.

…. Underwriting standards have necessarily become stricter since the housing bubble burst, and borrowers are often required to have substantial down payments. However, if the GSE’s are no longer willing to buy up these IO mortgages on the secondary market, there are certainly few banks willing to take the risk on getting stuck with more non-performing loans. This is not to say that the IO loan is dead and gone forever, but at least for now Freddie Mac is doing its part in killing this relic of a bygone era.

Good riddance. Interest-only financing is the Ponzi limit. Once this threshold is reached, there is no turning back. Option ARMs crossed this limit, and they disappeared about 2 years ago,and now financing at the Ponzi limit is dead as well. If you want a sign we are ready to inflate the next housing bubble, wait for this form of financing to reappear. Perching on the cliff is the last stop before the abyss.

Irvine Home Address … 4 LOCUST Irvine, CA 92604

Resale Home Price … $499,900

Income Requirement ……. $104,928

Down Payment Needed … $17,497

3.5% Down FHA Financing

Home Purchase Price … $200,000

Home Purchase Date …. 4/2/1991

Net Gain (Loss) ………. $269,906

Percent Change ………. 150.0%

Annual Appreciation … 4.9%

Mortgage Interest Rate ………. 5.12%

Monthly Mortgage Payment … $2,625

Cost of Ownership

———————————————————

$499,900 ………. Asking Price

$17,497 ………. 3.5% Down FHA Financing

5.12% …………… Mortgage Interest Rate

$482,404 ………. 30-Year Mortgage

$104,928 ………. Income Requirement

$2,625 ………. Monthly Mortgage Payment

$433 ………. Property Tax

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

$42 ………. Homeowners Insurance

$320 ………. Homeowners Association Fees

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

$3,420 ………. Monthly Cash Outlays

-$436 ………. Tax Savings (% of Interest and Property Tax)

-$567 ………. Equity Hidden in Payment

$35 ………. Lost Income to Down Payment (net of taxes)

$62 ………. Maintenance and Replacement Reserves

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

$2,515 ………. Monthly Cost of Ownership

Cash Acquisition Demands

——————————————————————————

$4,999 ………. Furnishing and Move In @1%

$4,999 ………. Closing Costs @1%

$4,824 ………… Interest Points

$17,497 ………. Down Payment

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

$32,319 ………. Total Cash Costs

$38,500 ………… Emergency Cash Reserves (6 Months Net Salary)

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

$70,819 ………. Total Savings Needed

Property Details for 4 LOCUST Irvine, CA 92604

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3 Beds

2 full 1 part baths Baths

1,517 sq ft Home Size

($330 / sq ft)

2,107 sq ft Lot Size

Year Built 1975

10 Days on Market

MLS Number S606348

Condominium, Residential Property Type

El Camino Real Community

Tract St

——————————————————————————-

Lovely two story condo in desirable area of Irvine close to 5 frwy. Some of the upgrades include granite counters, bamboo floors, new carpet & paint. New furnace, air conditioner,hot water heater,low e windows, new interior doors. This home has been well cared for by owner. You will enjoy the lovely quiet patio as well as pool, spa,clubhouse and tennis courts near by. Award winning and California Distinguished schools.

I need a graphic for "lovely"

Another well composed photo above. The kitchen photo was particularly good:

Notice how squares and rectangles dominate the picture, and the vanishing point perspective draws your eye into the kitchen. This photo is so good you forget you are viewing a tiny galley kitchen.

The Bernanke Put: The Implied Protection of Mortgage Interest Rates

The Federal Reserve under Ben Bernanke is continuing the policy of fostering moral hazard through implied guarantees. The Bernanke Put applies not just to the stock market, but directly to the home mortgage market as well.

Today's featured property is a delusional flipper lowering price to find the market.

Irvine Home Address … 14512 LARCH Irvine, CA 92606

Resale Home Price …… $775,000

{book1}

You don't tug on Superman's cape

You don't spit into the wind

You don't pull the mask of the old Lone Ranger

And you don't mess around with Jim

Jim Croce — You Don't Mess Around With Jim

Maybe that song should be, "You Don't Mess Around with Ben." Arguably, Ben Bernanke is a powerful man in Washington because decisions he makes have major impact on citizen's lives. His most consequential recent decisions concern the Federal Reserve's program of buying agency debt and what under what circumstances the program would be continued.

Analyst: Pressure Will Build on Fed To Extend Mortgage Program

By Nick Timiraos

With the Federal Reserve set to wind down its purchases of mortgage-backed securities in a little more than 30 days, there’s growing uncertainty about what will happen to mortgage rates. Already, rates bumped up last week after the Fed said it would raise the discount rate by quarter point to 0.75% last Thursday.

But the elephant in the room is the Fed’s planned exit from the mortgage market, and analysts expect rates to rise by anywhere from a quarter-point to a full percentage point or more. Bob Eisenbeis, the chief economist at Cumberland Advisors, has a provocative commentary piece on Wednesday morning arguing that there’s a growing chance that the Fed will have to come back to buy mortgage-backed securities because of ongoing concerns over the fragility of the housing market. Two indicators out Wednesday morning underscore that softness: the MBA reported that loan applications for home purchases was at a 12-year-low last week, and new home sales plunged 11.2% in January.

“What we expect is that toward the end of the first quarter political pressure on the Fed will increase from both [Fannie and Freddie] and Congress to temporarily extend the program because of the concern about hurting a still struggling housing and mortgage markets,” Mr. Eisenbeis writes. “But if this fails to persuade the FOMC to change its mind, the program stops, and interest rates jump up significantly, then the Fed itself will decide that the risks of another downturn are too great, and the program will be restarted. In either case, the most likely outcome is that there will be some form of extension of the MBS purchase program.”

In testimony on Wednesday, Federal Reserve Chairman Ben Bernanke said that while they anticipate ending the purchase program by the end of March, the Fed “will continue to evaluate its purchases of securities in light of the evolving economic outlook and conditions in financial markets.” The statement seems to leave open the possibility for an extension.

Leave open the possibility? Does anyone believe the government will exit the mortgage market on schedule? Will they exit at all? Leaving open the possibility is implicit backing to markets. The Federal Reserve will intervene if problems become too big.

What is the threshold of the Bernanke Put?

So what would it take to have the Federal Reserve restart buying agency paper again? Some analysts have suggested that current interest rates a full point below market value due to market manipulation. An increase of one percentage point would reduce future loan balances by 10% and take prices down commensurately.

My guess is that the Federal Reserve will not permit interest rates from moving 100 basis points or 1% from current levels, and they will maintain this 1% backstop over the next several years. Interest rates will be allowed to rise during this time, but only in proportion to increasing incomes so that house price levels are maintained.

Don't spit into the wind.

Basically, the Fed determined further price declines would wipe out the remnant capital in our banking system; therefore artificially low interest rates — a necessity to support artificially high prices — will remain in place to prevent significant future price declines. You can't fight City Hall. With an unlimited balance sheet an a direct financial conduit to the housing market through the conservatorship of the GSEs, our government in cooperation with the Fed can make financing available and inexpensive and inflate a housing bubble as large as they wish.

Will this policy be effective? I have my doubts, particularly at the high end where denial rules and high-end house sellers lower their sights only when they must, and anyone selling mansion can expect to wait 3 years. Supply is also artificially low due to the lack of discretionary sellers and an abundance of shadow inventory and unlisted foreclosures. The instability of the cartel should result in slowly declining prices, but anything is possible.

If Fed policy is successful, prices will behave like the ice scenario for the post Fire and Ice:

How fast can interest rates rise?

In the post Real Estate's Lost Decade we explored how quickly interest rates could rise if wage growth compensated for the lost borrowing power, and the results are in the chart below:

As you can see, interest rates can only rise about 35 basis points (0.35%) per year or prices will fall.

Calculating the Bernanke Put

Using the above chart as a basis and adjusting for actual performance, I developed the chart below. Mortgage interest rates from 2006-2009 are actual, and the maximum allowable increase to hold pricing is projected from 2010-2018. Further, if we assume 1% is a reasonable buffer from point-in-time interest rates, the red line in the drawing represents the interest rate threshold where I believe the Federal Reserve would step in and begin buying agency debt once more.

If mortgage interest rates rise above the red line, house prices will drop significantly, and both the Federal Reserve and the US taxpayer will absorb significant losses on the numerous loans they have purchased and insured over the last few years; therefore, the Federal Reserve will hold mortgage interest rates below the red line with the Bernanke Put.

Central banking puts and moral hazard

The discussion above reflects what I believe to be the most likely course of action for the Federal Reserve with respect to its purchase of agency debt to support the housing market. This wrongheaded policy will foster greater levels of moral hazard. How many idiotic bulls have you encountered that base their bullishness on the unprecedented level of government intervention in the markets? How much speculation is occurring due to buyer's beliefs in perpetual government supports? How is that a good thing?

Irvine Home Address … 14512 LARCH Irvine, CA 92606

Home Purchase Price … $570,200

Home Purchase Date …. 11/18/2009

Net Gain (Loss) ………. $158,300

Percent Change ………. 35.9%

Annual Appreciation … 95.7%

Cost of Ownership

————————————————-

$775,000 ………. Asking Price

$155,000 ………. 20% Down Conventional

5.12% …………… Mortgage Interest Rate

$620,000 ………. 30-Year Mortgage

$162,671 ………. Income Requirement

$3,374 ………. Monthly Mortgage Payment

$672 ………. Property Tax

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

$65 ………. Homeowners Insurance

$75 ………. Homeowners Association Fees

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

$4,185 ………. Monthly Cash Outlays

-$829 ………. Tax Savings (% of Interest and Property Tax)

-$729 ………. Equity Hidden in Payment

$312 ………. Lost Income to Down Payment (net of taxes)

$97 ………. Maintenance and Replacement Reserves

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

$3,036 ………. Monthly Cost of Ownership

Cash Acquisition Demands

——————————————————————————–

$7,750 ………. Furnishing and Move In @1%

$7,750 ………. Closing Costs @1%

$6,200 ………… Interest Points

$155,000 ………. Down Payment

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

$176,700 ………. Total Cash Costs

$46,500 ………… Emergency Cash Reserves

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

$223,200 ………. Total Savings Needed

Property Details for 14512 LARCH Irvine, CA 92606

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4 Beds

3 full 1 part baths Baths

2,700 sq ft Home Size

($287 / sq ft)

5,005 sq ft Lot Size

Year Built 1971

47 Days on Market

MLS Number S601097

Single Family, Residential Property Type

Walnut Community

Tract Cp

——————————————————————————–

GORGEOUS HOME IN HIGHLY SOUGHT AFTER AND DESIRABLE NEIGHBORHOOD OF COLLEGE PARK. GREAT CUL-DE-SAC LOCATION AND VERY QUIET; DOWNSTAIRS BEDROOM WITH FULL BATH; MASTER BEDROOM W/ RETREAT; NEWLY AND TASTEFULLY REMODELED. OPEN FLOORPLAN WITH HUGE LIVING ROOM WITH FIREPLACE AND FAMILY ROOM WITH CUSTOM BUILT-IN WET BAR AND ENTERTAINMENT CENTER; CUSTOM OFFICE; SPACIOUS KITCHEN WITH ISLAND AND NEW APPLIANCES AND GRANITE COUNTERTOPS; NEW FLOORS THROUGHOUT; NEW INTERIOR AND EXTERIOR PAINT; NEW RECESSED LIGHTING; NEW EPOXY COATING FLOORING; LARGE MASTER SUITE; TURN-KEY AND READY TO MOVE IN

HIGHLY SOUGHT AFTER AND DESIRABLE? Is that redundant and repeated?

Property History for 14512 LARCH

Date Price
Feb 19, 2010 $775,000
Jan 22, 2010 $785,000
Jan 14, 2010 $810,000
Jan 09, 2010 $835,000

$835,000? WTF? At $775,000 it is still too high for OMG. This flipper is holding out for a 35% gain. Good luck with that.