Troubled homeowners find help outside Obama program

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Great article explaining the continued challenges with Loan Modifications and our current state of affairs.

More mortgages were permanently modified in May under the government program, but more modifications were canceled as well. Some of those borrowers worked out alternative terms with private lenders.

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A distressed home awaits a buyer in Davie, Fla. Mortgage servicers have been pressured by the government to make more loan modifications permanent. (J Pat Carter, Associated Press / May 12, 2010)
By Jim Puzzanghera, Los Angeles Times

Reporting from Washington —

More borrowers dropped out of the Obama administration’s foreclosure prevention program last month than were added, but many of those homeowners found private help from their mortgage companies, according to data released Monday.

The number of mortgages with permanently reduced payments under the Home Affordable Modification Program increased 15% in May to 340,459. The pace of new temporary three-month modifications eased in May, with an increase of just 2.5% to 1,244,184.

But cancellations of mortgage modifications continued to grow. Canceled trial modifications rose 55% in May from April. More than a third of all trial modifications started since the program began last year — 429,696 — now have been canceled.

Cancellations of permanent modifications also were up sharply, rising 70% to 6,357 in May from April.

But overall, homeowners with permanently reduced mortgage payments have fared better in the program. The cancellations amount to just 1.8% of all the permanent modifications offered since the program began last year.

The administration’s report said that at the eight largest mortgage servicers, including Bank of America, CitiMortgage and JPMorgan Chase, nearly half of homeowners whose temporary government modifications were cancelled received an alternative modification.

Of the 194,056 total cancellations for those servicers under the Obama administration’s plan, just 7% resulted in foreclosure actions. An additional 2% resulted in a short sale.

The Los Angeles-Orange County area continued to account for the most active trial and permanent modifications under the administration program, with 52,119, or 6.4% of the national total. The New York City area was second with 6.1%. The Inland Empire ranked fourth with 5%.

The $75-billion Home Affordable Modification Program offers mortgage servicers cash incentives to reduce mortgage holders’ payments. The goal is to modify the mortgages for 3 million to 4 million people by the end of 2012. The median payment reduction in permanent modifications has been about $500 a month.

But the program has been criticized for not helping enough homeowners and for slow participation and bureaucratic runarounds by major mortgage servicers.

Administration officials increased pressure on mortgage servicers in December to make more of the modifications permanent.

As part of that process, the administration reviewed cases in which some servicers denied mortgage modifications. Officials agreed with most of the decisions, but in 3.9% of the cases, reviewers disagreed with the servicers’ decisions and ordered the firms to hold off on foreclosure action until the cases were reevaluated.

jim.puzzanghera@latimes.com
Copyright © 2010, The Los Angeles Times

Luxury Sales Bounce Back…

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An interesting article to say the least… I still believe that this market has some corrections left to address. Your thoughts?

By JULIET CHUNG and JAMES R. HAGERTY at the WSJ

For years, Jennifer Metz and her husband John yearned for a bigger home in San Francisco. Three months ago, the couple started looking, figuring that in this shaky economy, their $3 million budget should provide them a pick of attractive homes and accommodating sellers.
Luxury Going Fast

massachechets house

Kimberly Hallen/Boston Virtual Imaging – A Cambridge, Massachusetts home

They were wrong. Hours after seeing a 5,000-square-foot fixer-upper in Presidio Heights with an asking price around $2.7 million, the Metzes put in a bid—and lost. Soon after, they made another offer on a four-bedroom in Russian Hill. Their bid was rejected.

Last week, the Metzes rushed over to a large, dilapidated home in Pacific Heights that needed a lot of work but was asking the (relatively) low price of $2.25 million. The Metzes put in their over-ask bid the next day, but lost that one too: There were nine offers; the winning bid was $2.56 million.

“It’s frustrating,” says Ms. Metz, a 44-year-old stay-at-home mom whose husband works in finance. “You think you put in a good offer but, no.”

After a near-disastrous 2009, the luxury market appears to be making a comeback, driven by growing buyer confidence, improved financing conditions and more-realistic seller pricing. Despite the housing downturn, attractively priced homes in some of the nation’s most coveted neighborhoods are selling, sometimes fast and sometimes with multiple offers. Nationwide, sales of homes selling for $2 million to $5 million in the first quarter totaled 2,461, up 32% from a year before, says CoreLogic.

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Sotheby’s

$2,146-per-square-foot is what a buyer paid for this elaborately redone San Francisco home that has a vanishing wall.

That sales are up from last year shouldn’t come as a big surprise. The shock of the financial panic in the fall of 2008 left many potential buyers too nervous to bid, and those who were willing to wade in found it hard to get financing. But a study for The Wall Street Journal by MDA DataQuick, a real-estate data provider, found that in some areas of the country, sales of homes over $2 million in the first quarter were actually on par with the levels of 2005, the peak year for existing-home sales volume nationwide.

In San Francisco, 49 homes sold for $2 million or more in this year’s first quarter, according to the study, compared to 47 in 2005. In Manhattan, there were 402 sales of $2 million or more in the latest quarter, compared with 311 in the first quarter of 2005, according to the appraisal firm Miller Samuel Inc. Other areas with strong rebounds included New York’s Hamptons, Menlo Park, Calif., and Beverly Hills.

Even a couple of troubled housing markets experienced a strong uptick. In Las Vegas, there were 21 such sales in the first quarter, up from 15 in the first quarter of 2005, according to DataQuick. In Miami, 21 such sales of $2 million or more were recorded in the first quarter, up from 15 last year and close to the 23 that sold in that time five years earlier.

Of course, many markets including Greenwich, Conn. and parts of New Jersey are still ailing. Brokers say pricey homes in outlying suburbs are more likely to sit than sell. Miami-Dade County still has enough homes priced at $2 million or more to last 41 months at the current sales pace, though down from 116 months a year earlier, says Ron Shuffield, president of EWM Realtors, a large local brokerage.

The rear of the San Francisco home.
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The recent stock market tumble could unravel the turnaround. Unlike the rest of the housing market, which is driven largely by employment trends, housing analysts say high-end buyers are much more sensitive to changes in the stock market, which for the first quarter was helping them feel even wealthier. “If the markets don’t recover soon, it will scare people” and hurt demand for high-end homes, says Kenneth Rosen, chairman of the Fisher Center for Real Estate and Urban Economics at the University of California, Berkeley.

In the meantime, some high-end renovators are making quick sales. Koby Kempel bought a colonial in Brookline, a posh suburb of Boston, last year for $1.45 million. He raised the ceilings, rebuilt the interior, expanded the home by about 50% and added a heated garage. The six-bedroom home was listed by Mona Wiener of Hammond Residential on a Friday in early May and was under contract the next day for the asking price of nearly $3.5 million.

Back in San Francisco’s Pacific Heights neighborhood, a four-bedroom home on Broadway, with a spa and views of the Golden Gate Bridge, was renovated by Gregory Malin. It went on the market in late January and sold two weeks later for $13.5 million, compared with the $14 million asking price. The listing agent, Val Steele of Sotheby’s International Realty, says the sale, at $2,146 per square foot, marked the first time a home in San Francisco topped $2,000 a square foot since early September 2008.

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WHAT TO EXPECT WHEN BUYING A DISTRESSED PROPERTY

Being an Informed Buyer Will Reduce the Stress and Surprises of Your Home Search and Purchase

SEARCHING

1) Homes may be listed as Active, but they may have many offers or they may already be Sold.

2) Homes may be a Short Sale, even if it is not clearly identified.

3) Most home features may not be listed, or may not be correct.

4) The home may be in an Association, even if it is not disclosed; there may be Mello-Roos Tax, even if it is not disclosed; the home may be on leased land, even if not disclosed.

MAKING OFFERS

1) There may already be many other offers and the property may sell above the list price.

2) The listing Agent may have dozens of distressed listings in many areas, and they may know little about any particular home or area.

3) A Bank Owned Home may have an Asset Manager handling hundreds of homes, so a response could take from 1 day to 1 week or more.

4) A Short Sale Could take 2 to 5 months to get an approval, and up to 80% will never get approved. Any updates or responses could take weeks to months. After waiting months, the approved price returned by the bank could be much higher than the list price.

ACCEPTED OFFERS

1) Until it closes escrow, even with a signed, accepted offer, the bank or owner can decide not to sell and any money spent by the buyer for inspections, appraisals, etc will not be refunded.

2) The condition of the property is unknown to the owner and the agents. The buyer takes complete responsibility to pay for and conduct as many inspections that they desire, including but not limited to the physical condition, the association, permits, taxes, etc.

3) Most banks will put in their contracts that the home is sold ‘AS IS’, and they will refuse most repair requests that you make after inspection. Many will NOT even do Termite Repairs.

4) Most banks will put into their contracts that if the buyer closes late, the buyer will pay a daily fee for each day late; this could be from $50 to $250 a day or more.

5) The bank will insist on choosing the Title and Escrow Company, these may be slow, overworked and sometimes inexperienced people working on too many files at the same time.

THE ESCROW

1) The escrow experience for most buyers, agents & lenders may be the most frustrating part.

2) Things that normally take hours may take days.

3) Things that normally take days may take weeks.

4) The buyer, agent and lender can call escrow repeatedly, and things may not speed up.

5) The buyer, agent and lender can visit the escrow office, and things may not speed up.

6) The same information may often need to be given to escrow multiple times.

7) We may deal with many people at the escrow company, and they may not be sure of anything.

8) DO NOT plan on a specific closing date, no matter how efficient the lender and agent are, the escrow company may slow things down at every stage and the seller may have a final review.

9) At the end of this slow, frustrating escrow, they will still charge you the full regular escrow fee.

10) Upon Close you may only get 1 key, possibly not a Garage Door Opener, or mail box key & No association key for the pool, etc. You may need to buy keys and change locks.

Most of the escrows will eventually close, so try not to let the system that some banks have put into place to sell their properties dampen your excitement for your new home!

Jeffrey Simons ~ Broker Associate – Prudential California Realty 714.746.8103 Jeff@Jeffreysimons.com

NO NEW 21-DAY TURNAROUND REQUIREMENT FOR SHORT SALE APPROVALS

Brought to you by the CALIFORNIA ASSOCIATION OF REALTORS®

Realegal®

NO NEW 21-DAY TURNAROUND REQUIREMENT FOR SHORT SALE APPROVALS

Recently enacted Senate Bill 306 does not require lenders to review short sale requests from sellers and their agents within 21 days.  The new California law, which addresses certain escrow procedures, has been mischaracterized by some practitioners as landmark legislation calling for a 21-day turnaround for short sale approvals.

The new law inserts a short payoff amount request into the existing payoff demand law which generally requires a lender to respond to a request for a payoff demand statement within 21 days from when it is requested, typically by escrow.  The new law essentially requires, after a short sale has already been approved, for the lender to respond to a request for a short-pay demand statement within 21 days.  The lender’s response to escrow can be a short-pay demand statement or even, depending on the circumstances, a written statement electing not to proceed with the proposed transaction.

Another provision of SB 306 may also cause confusion.  In practice, a lender may approve a short sale subject to its review of a closing statement prepared by escrow, but the lender does not review that closing statement promptly.  Under the new law, if a lender fails to approve the closing statement within four days, the closing statement shall be deemed approved, but only if it is “not clearly contrary to the terms of the short-pay agreement or the short-pay demand statement provided to the escrowholder.”  The new law does not bind a lender to a short payoff amount in an offer that the lender has not approved.

Senate Bill 306 contains other technical changes in real estate related laws, such as, but not limited to, the following:

  • Expanding the existing requirement for a lender to contact certain borrowers to explore options for avoiding foreclosure at least 30 days before filing a notice of default, to include not only owner-occupied residences, but also owner-occupied residential property with two-to-four dwelling units.
  • Extending the existing requirement for a lender to record a notice of sale from 14 to 20 days before a trustee’s sale.  This provision does not change existing law requiring a lender to wait at least 20 days after mailing a notice of sale before conducting a trustee’s sale.

This new law comes into effect on January 1, 2010.  The full text of Senate Bill 306 is available at http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_0301-0350/sb_306_bill_20090806_chaptered.pdf.