Shadow inventory threatens housing recovery…

shadow inventory


NEW YORK (CNNMoney) — There is a growing glut of foreclosed homes threatening to hit the market over the next couple of years, potentially delaying any recovery.

There were 1.7 million homes either owned by the bank or in some stage of foreclosure at the end of the third quarter of 2010, according to a recent report by Standard & Poor’s. It would take 44 months, at the current rate of sales, to sell them off — a 25% increase from the beginning of 2010. (S&P does not count home loans backed by Fannie Mae and Freddie Mac.)

This so-called “shadow inventory” may depress home values and delay the housing market recovery.

“The problem is you have all these properties coming down the pipeline that are nearly certain to hit the market. That’s going to be a negative for the supply-demand equation,” said Diane Westerback, Managing Director for S&P and an author of the report.

Click here for the full article

CalHFA mortgage aid program for jobless begins

On Monday, more than two months behind schedule, the California Housing Finance Agency will begin taking applications for a federally funded program that will give some unemployed homeowners up to $18,000 each over six months to pay their mortgage.

To qualify, homeowners must meet income and other restrictions and their loan servicer must participate in the program. As of Friday, only three servicers had signed up, but CalHFA expects to have up to 10 by the end of this week.

Read the full article here

A very controversial topic right now… what is the benefit to stay current on your mortgage? What happens if the borrower is unable to get a job thereafter? The challenge that I have is that there are no principle reductions or streamline refinance programs available for those that are in good standing, or those on the edge or becoming late or behind due to job curtailment, loss of income, reduced bonuses, changes in interest rates… etc. Very unique times we are experiencing right now. I’m curious, what are your thoughts?

Existing home sales jump 12 percent

As seen on… CNN Money – By Blake Ellis, staff reporterJanuary 20, 2011: 11:01 AM ET

Sales of existing homes jumped in December, marking the fifth month of gains in the past six months, based on an industry report released Thursday.

NEW YORK (CNNMoney) — Sales of existing homes jumped in December, marking the fifth month of gains in the past six months, based on an industry report released Thursday.

Previously-owned home sales climbed 12.3% in December to an annual rate of 5.28 million, from 4.70 million in November, according to the National Association of Realtors.

Read the full story here

Great information; however this is not local. Experience shows that the Orange County market has one of the quietest Decembers in years past. January is off to an amazing start and it’s expected that the unit’s sold this month will be close to record highs. What does this mean to you? If you are an entry level buyer in Orange County, be prepared. Be Pre-Approved and be in a position to make a decision when the time comes. If you have specific questions about what you will need to do, simply send me a quick email and I’m happy to help you any way that I’m able.

Proposed lending changes alleged to harm elderly.

This is an extremely vague article; however I feel that it’s noteworthy due to the items I placed in bold below. The fact that they can “commit these acts and state these words” are atrocious!
By PE Business-

Changes in home lending rules proposed by the Federal Reserve Boad could encourage predatory lending against the elderly, according to consumer advocacy groups.

The Center for Responsible Lending, the National Consumer Law Center, National Association of Consumer Advocates, California Reinvestment Coalition, National Fair Housing Alliance and others are asking the Federal Reserve Board to withdraw the proposed changes.

The groups say that proposed changes regarding reverse mortgages would harm senior citizens. One of their complaints is that lenders would be allowed to sell unnecessary financial products to seniors when they market reverse mortgages. Reverse mortgages allow seniors to borrow monthly against the equity in their homes and delay repayment of the loan until the homes are sold.

Another complaint is that advertisers of reverse mortgages would be allowed to make false statements, such as “you can never lose your home,” as long as they present additional information.

The groups allege that the rule changes would open the door to a harmful new type of reverse mortgage where a borrower could owe much more than a home is worth. Currently a borrower cannot owe more than what can be gotten by selling the house.

–Leslie Berkman
lberkman@PE.com

Kiss 4% mortgage rates goodbye – A great post from CNN Money.com

chart_rising_mortgage_rates.top

By Les Christie, staff writerJanuary 1, 2011: 3:47 PM ET


NEW YORK (CNNMoney.com) — The era of near 4% mortgage rates has ended after a quick rate rise since early November. But some industry experts think that may be a good thing for the flagging housing market.

The average 30-year fixed mortgage rate has risen to 4.86% from 4.17%, according to Freddie Mac’s weekly mortgage market survey. In the Bankrate.com weekly survey, the rate has risen to 5.02% — crossing the 5% mark for the second time in three weeks — after being as low as 4.42% as recently as early November.

Rates haven’t been this high since May and forecasters now predict them to remain between 5% and 6% for all of 2011.

“You can kiss those record lows goodbye,” said Greg McBride, chief economist for Bankrate.com.

Keith Gumbinger of HSH Associates, a provider of mortgage information said that the market reached a new plateau.

“I don’t think we’re going back to a 50-year low anytime soon without an economic collapse,” he said. “Rates will probably never revisit those levels.”

The increase will push mortgage payments higher for homebuyers. When rates rise from 4.25% to 5% it takes away about 9% of buying power, according to McBride.

“That’s nothing to sneeze at,” he said. “But it’s still small relative to the steep drop in home prices over the past few years.”

Good for the market?
Higher interest rates may even prove stimulating to the still quiet housing market in which sales volume and prices are scraping near their bottoms.

“The initial phase of an interest rate increase generally does not hurt markets,” said Lawrence Yun, chief economist for the National Association of Realtors. “In fact, it can help.”

The rapid rise introduces an element of urgency for potential homebuyers. They may now rush to buy before rates spurt even more.

The strength of the economic recovery will have far more impact on the housing market that this relatively modest increase in mortgage rates, according to Yun. If hiring gains momentum, housing markets should revive.

“If we add 2 million jobs as expected in 2011, and mortgage rates rise only moderately, we should see existing-home sales rise to a higher, sustainable volume,” said Yun.

Gumbinger said that demand for homes may be tempered somewhat by the increased mortgage costs and so affect home prices a bit but the improving job picture and better consumer confidence matter much more.

“If the other factors are aligned,” he said, “interest rates are not a big thing.”

The real mortgage challenge, according to Yun, is to increase the number of loan applicants winning approvals. Too many potential homebuyers are still finding it difficult to qualify for loans.

“The current mortgage market is a unique situation” he said. “It’s less about rates than it is about underwriting standards, which are, in my opinion, still too stringent.”

“If lenders return to more normal, safe underwriting standards for creditworthy buyers, there would be a bigger boost to the housing market and spillover benefits for the broader economy.”

While the article has quite a bit of speculation, you still have to take into affordability, and qualifying. If you have a great job with a long term plan of owning a home, now may be the right time… if you are forced into a home in which you will probably grow out of the minute you move in… I would like to suggest that you wait, rent and hope that an alternative will be available in the next few years. I disagree with the writer in the sense that interest rates are a big deal. Most buyers purchase at the highest that they are able to qualify for, and when rates go up, affordability goes down, which ultimate forces prices to go down.

Your thoughts and comments are always welcomed.

House Appraisals Under Fire

Gary Cohen's home in Century City, Calif.

Here we go again… we have discussed Automated Appraisals (- Computer Generated Appraisals) in the past and we are still experiencing the same challenges.

Computerized Models Are Assailed as Inaccurate; There Goes the Credit Line – By M.P. MCQUEEN

Home appraisals, which were blamed for being too generous during the housing boom, are now being criticized by some homeowners for being too stingy, preventing them from refinancing or borrowing against their houses.

The criticism is being leveled at computerized real-estate appraisals, which depend on models that use prices from home sales and other data to determine the value of a house. Because of the volatility in the housing market, they are underestimating prices, some homeowners, real-estate agents and fee appraisers say.

Gary Cohen, of West Los Angeles, Calif., says Citibank suspended his $510,000 home-equity line of credit based on a drop in his home's estimated value after performing a computerized appraisal.

Lenders use computerized appraisals primarily for home-equity loans, preapprovals for mortgage refinancing, loan modifications and mortgage originations of less than $250,000. Automated appraisals are cheaper and faster than in-person appraisals. They run as little as $20, whereas appraisals done by people can cost hundreds of dollars.

The computerized models are used as a check on in-person appraisals, which often were too generous during the housing boom, according to federal banking regulators and state attorneys general. The regulators said banks often held sway over appraisers, encouraging them to value homes at certain prices in exchange for future business. In the wake of the housing bust, regulators imposed tough new rules, prohibiting banks from picking individual appraisers for individual properties.

“The selling point was that [computerized appraisals] were faster and not prone to bank pressure,” says Steven Kane, a Colorado commercial and residential appraiser who is the author of two books on how to apply automated valuation models.

Computerized appraisals calculate a home’s value by using an index derived from historical repeat-sales data, or sales records of homes with similar property characteristics, such as square footage and the number of bedrooms and baths. In-person appraisals don’t incorporate as much transactional data as a computer model.

Gary Cohen, an advertising-sales manager in West Los Angeles, Calif., says Citibank suspended his $510,000 home-equity line of credit based on a drop in his home’s estimated value.

A computer model used by the bank showed his home had dropped to just over $1 million in 2009 from the $1.65 million it was appraised at four years earlier.

So, Mr. Cohen, 65 years old, paid $750 for an in-person appraisal from a firm designated by the bank. It estimated his home was valued at $1.3 million, but Citibank still wouldn’t reinstate his credit line.

“The discrepancy is so great that you have to know whatever method they are using is not accurate,” Mr. Cohen says.

Mr. Cohen sued Citibank, a unit of Citigroup Inc., over the appraisal. In court documents, Citibank said that even if his home is worth the higher figure, the bank has a legal right to suspend the credit line.

Gary Cohen's home in Century City, Calif.

“Citibank continues to believe the suit has no merit and intends to defend its position vigorously,” said a spokesman.

Borrowers also have sued J.P. Morgan Chase & Co., Wells Fargo & Co. and other big lenders, claiming that banks are misusing automated valuation models in order to cut home-equity lines of credit. J.P. Morgan Chase and Wells Fargo declined to comment.

Automated valuation models were pioneered by Yale economist Robert Shiller, who developed the first systems in the early 1990s. While arguing that these appraisals are more objective than human appraisers, Mr. Shiller and others say that in some situations the models may be providing unrealistically low values, prompting lenders to reject loan applications or lend less money on particular properties.

Some models weigh past sales of a particular property over time against a historical home-price index, and they are running into problems with properties that have been bought only once. That is the situation in places such as Nevada and Southern California, where new subdivisions sprouted during the housing boom but many homes never sold or entered foreclosure before ever being sold in a nondistressed transaction.

“The main difficulty is that I need two or more sales prices for a property, and if I’m not able to find it, it doesn’t fit into the sample used to calculate the index,” says David Stiff, chief economist at Fiserv, one of the largest providers of automated appraisals using this methodology.

Prof. Shiller concedes there can be problems with these appraisals if a too-short period of historical data is programmed into models.

“In a slow market, it might suggest that prices are going to be falling for a while,” he says.

Other computerized models break down the particular characteristics of a property—number of bedrooms and bathrooms—as well as sales of comparable homes, to arrive at a value estimate. They often are hampered by a lack of accurate or comprehensive data in county and municipal records. Improvements, for example, are recorded by building permits, so if homeowners don’t file permits, the records won’t be accurate.

These models can “change a lot, depending on which variables you include or exclude, so there can be a bias,” says Prof. Shiller.

Bottom line… I believe that the lender is really not obligated to lend money on the property regardless of the value, and the fact that the borrower provided a second appraisal… if the borrower desires, they can go to another lender and get a cash out refinance. Your thoughts???

When will housing come back in California? Five experts offer their views

In Mission Crest, 373 homes — nearly 40% of those in the housing development — had been lost at one point to foreclosure, the San Bernardino County assessor's office said. About 100 lots had been left graded and bare. (Katie Falkenberg, For The Times / May 18, 2010)

A Great Article about market recovery as seen in the LA Times. – By Alejandro Lazo

Foreclosures in the state are still high. Sales of new homes are at historic lows. And millions of homeowners are underwater on their mortgages. So what’s the outlook for 2011 and beyond?

In Mission Crest, 373 homes — nearly 40% of those in the housing development — had been lost at one point to foreclosure, the San Bernardino County assessor's office said. About 100 lots had been left graded and bare. (Katie Falkenberg, For The Times / May 18, 2010)

As housing recoveries go, this one is in need of a cure.

Homeownership — and the buying and selling of residences — is an economic keystone that carries overwhelming weight in Californians’ personal sense of financial well-being.

But the momentum of the state’s housing rebound has faltered, with sales falling and prices softening despite bargain-basement interest rates. Foreclosures in California are still high. Sales of new homes are at historic lows. The construction sector is in the doldrums. And millions of the state’s homeowners owe more on their mortgages than their properties are worth.

Save Up to 90%: Sign up for our free daily e-mail to get in on exclusive deals around L.A. Powered by Groupon. Subscribe Now.

Real estate historically has helped give a boost to economies exiting a recession, but the severity of this bust is nearly unprecedented: Californians have lost $1.73 trillion worth of equity in their homes since prices peaked in 2007, according to Moody’s Economy.com.

Although California’s housing market free-fall ended in spring 2009, the weakness after the expiration of federal tax credits for buyers last year has called into question the sustainability of the recovery.

The Times asked five California experts for their take on the state of real estate and what they think is needed to get the housing market moving again. They range from the pessimism of a foreclosure specialist to the decidedly more upbeat view of a Realtor association economist.

• Richard Green, director of the USC Lusk Center for Real Estate, predicts home prices will remain flat in 2011.

California’s recovery will hinge on location, said Green, who held professorships at several universities and worked as a principal economist at Freddie Mac before becoming director of the Lusk center.

“Draw a line from El Centro up to Sacramento and think of all the towns up and down that line. Unless we have hyperinflation in general in the economy — prices going up a lot — I would guess that in my lifetime we will not see a return to the prices that we had at the peak,” Green said.

“Now, places like La Jolla, Malibu, Laguna, Huntington Beach, Atherton, Palo Alto, the city of San Francisco, Marin County, those are places where within the next five years I could easily imagine prices returning to their peak.”

“The markets in the Central Valley were much more bubbly than the markets on the coast,” he said. “You have very few people who make a lot of money in these places.”

“Whereas a place like Silicon Valley, or a place like West Los Angeles, there is a critical mass of very high-income people.… That means you have a large number of people who can afford to spend in the neighborhood of $1 million on a house, and these are desirable places.”

“The more a property is a commodity that you can easily substitute for something else, the less the chance it will ever come back to its peak. The rarer a property is, the more likely it’s going to come back quickly.”

• Leslie Appleton-Young, chief economist for the California Assn. of Realtors, predicts home prices will rise 2% in 2011.

There are few professionals who would like more to see the housing market bounce back to the heady days of old than Realtors. Real estate agents made a killing when the housing market soared and then took a pounding when it tanked.

During the boom years, Appleton-Young said, she espoused the theory that rising prices mattered more than making solid loans. That theory appeared correct as long as values kept rising.

“What happened this time was prices plummeted and everyone was in trouble,” she said.

These days, the economist sees little chance of the market returning to its previous heights anytime soon.

“We are in a very slow-moving recovery with prices stabilized at the moderate and low end,” Appleton-Young said. “We are still seeing price attrition and price softening at the upper ends of the market.”

2011 will be lackluster, she said, but that does not mean California is not improving.

“We are almost two years into a price recovery. The problem is not to look at 2007 as the normal market that you are moving back up to, because it wasn’t a normal market. We are back in an underwriting environment that actually makes sense.”

“You are seeing prices recovering throughout the state,” she added. “It is just going to take time.”

• Bruce Norris, president of Norris Group in Riverside, expects home prices to fall 5% in 2011.

The real estate slump has been good to Norris, an investor in foreclosed homes. But he believes the market is being artificially boosted by government programs and is set to fall further this year.

“We are in an artificial recovery,” Norris said. “It’s government controlled and manipulated. We have extremely favorable interest rates that we really should not have, based on our debt. We have supported real estate with tax rebates, and we have prevented inventory from showing up by allowing people to be two and three years behind on their mortgages.”

Foreclosed homes, in particular, are being kept off the market through loan modification attempts and other policies.

“You’ve had a slew of programs trying to prevent inventory from showing up, and that prevents reality from happening,” Norris said. “It’s definitely standing in the way of the natural process.”

What does the housing market need most?

“Demand for houses,” Norris said. “Somebody able to qualify for a loan and actually being able to get it. And that’s why it is not going to happen.”

• Emile Haddad, chief executive of FivePoint Communities Inc., expects home prices to “stabilize” in 2011 but declined to make a specific price prediction.

Determining whether the housing market is on steady footing is essential to developers such as Haddad, the former chief investment officer for Lennar Corp. Haddad, along with Lennar, is now part owner of FivePoint, which is managing the development of the Valencia community in Los Angeles County and other high-profile projects. He believes a recovery has yet to take hold in California.

“We are bumping along the bottom,” Haddad said. “And that is a good thing, because that is the first thing that you need in order to start seeing a housing recovery. You need to have a period where values are not going down and the trend is moving in a different direction.”

California’s coastal markets will come back once the job market returns, he said, lifting consumer confidence. But California’s inland areas are more likely to lag behind, and builders will have to reconsider the kind of product they offer in such places.

“In the Central Valley, values have changed a lot,” Haddad said. “You are not going to be able to really have enough depth in the market to sell large, expensive homes, because the ceiling of value is way down.”

“If you pick on a market like Orange County,” he said, “it is still a place that once people feel confident…. I believe people will be out buying homes.”

Affordability is working in the market’s favor.

“We have a mortgage environment that is more favorable — the rates are down — but people are not able to get mortgages, and that is not helping. The most important thing we need is jobs and job creation.”

“Affordability is something I look at, and obviously that is a very attractive metric right now…. There is a value proposition out there right now that is very attractive, that we haven’t seen in four decades.”

• Christopher Thornberg, founding principal of Beacon Economics, predicts home prices will remain flat in 2011.

Once a senior economist for the UCLA Anderson Forecast, Thornberg was one of the first to predict the housing crash, pointing to prices that were way out of line with what people earned.

In that vein, he views the plunge in home values as its own recovery of sorts “because that is when prices went from stupid-high levels to levels that made sense again,” Thornberg said. “Now we are in a post-recovery recovery, if you will.”

“This is not the bust. A bust implies that prices have fallen to levels that are too low. And I would argue that prices today are relatively high. It’s interest rates that have given us this degree of affordability, and from that perspective that is why I don’t expect prices to come down.”

Since helping found Beacon in 2006, Thornberg has become chief economist for state Controller John Chiang and chair of the Controller’s Council of Economic Advisors. He serves on the advisory board of New York hedge fund Paulson & Co. He has been a forceful critic of the Obama administration’s policy attempts to right the market.

“The administration has tried, through a variety of policy methods, to try and spike the market,” he said.

alejandro.lazo@latimes.com
Copyright © 2011, Los Angeles Times

Bank of America to resume foreclosures

By Aaron Smith, staff writer – NEW YORK (CNNMoney.com) —

Bank of America said earlier last month that it was ending its hiatus on foreclosure sales, and promised to get its act together after a series of sloppy home seizures prompted the bank to back off and re-examine its process.

“We have identified areas of our process that can be improved and while we make these improvements, it’s important that we move ahead with efforts to reduce the number of abandoned properties across the country,” said Barbara Desoer, president of Bank of America (BAC, Fortune 500) Home Loans, in a statement. “The properties can drag home values in neighborhoods and slow the eventual recovery of the housing market.”

The bank said it plans to proceed with 16,000 foreclosures this month, though it will observe a “holiday suspension” of sales and evictions from Dec. 20 to Jan. 2. Freddie Mac (FMCC) and Fannie Mae (FNMA) have announced a similar holiday freeze.

The Bank of America action ends the “voluntary freeze” that the bank initiated in October, after a series of messy real estate mistakes. They included the foreclosure of a house that was owned outright by someone who had paid cash, without any mortgage at all, as reported by the Sun Sentinel of Florida.

In another case, the bank shut off the utilities of a Pittsburgh homeowner and seized her pet parrot, despite the fact that she was current on her payments.

“We continue to be committed to ensuring that no property is taken to foreclosure sale until our Bank of America customer is given an opportunity to be evaluated for a modification or, if ineligible for a modification, a short sale or deed in lieu solution,” said Desoer. “Foreclosure is the option of last resort.”


Last month, Desoer said the bank “deeply regrets” the way it handled some of its foreclosures.

The bank reiterated that “more than 86% of the bank’s home loans are current on their mortgage,” which means that less than 14% of home owners are not current.

The bank also reiterated that “at the point of foreclosure sale, one-third (of the) properties it services are vacant.”

Banks Push Fed to Curb Borrowers’ Right to Rescind Mortgages

Borrowers usually exercise the right of rescission during a lawsuit such as a foreclosure, effectively forcing a loan modification. Photographer: Jay Mallin/Bloomberg

Great Article and a very good interview on the Bloomberg Website explaining the additional behind the scene challenges with loan modifications. Well worth your time!

Borrowers usually exercise the right of rescission during a lawsuit such as a foreclosure, effectively forcing a loan modification. Photographer: Jay Mallin/Bloomberg

Mortgage firms are pressing the Federal Reserve to curb homeowners’ right to invalidate loans based on flawed documents — a right consumer groups say is one of the few weapons borrowers have to battle unfair lending.

Consumer groups and industry lawyers say a rule under consideration by the central bank would make it harder for borrowers to exercise their right of “rescission,” which forces a lender to relinquish a lien on a mortgaged property. They said the number of rescissions has grown in recent years as a result of the foreclosure crisis and allegations that mortgage documents were fabricated or processed improperly.

Ken Markison, regulatory counsel at the Mortgage Bankers Association, said the change would save lenders money. “Greater clarity will help avoid unnecessary litigation and reduce costs,” Markison said.

Wells Fargo & Co., Bank of America Corp., and JPMorgan Chase & Co., the three largest U.S. mortgage lenders, all declined to discuss rescissions or didn’t respond to requests for comment. Susan Stawick, a Fed spokeswoman, also declined to comment.

Lenders are pressing the Federal Reserve to act on the issue now because starting in July, rescission rules will come under the purview of the new Consumer Financial Protection Bureau, industry lawyers said. Jeffrey Naimon, a lawyer with Buckley Sandler LLP, described the consumer agency in an e-mail as “a much more political” regulator than the Fed.

Fed ‘Rushing’

Since the financial crisis began, the Fed has come under criticism for having failed to meet its existing legal mandate to protect consumers from deceptive mortgages and other financial products. That track record was one reason behind Congress’s push to create an independent consumer agency.

“I cannot understand why the Fed is rushing through this voluntary gift to the banks unless the Fed is afraid that if it doesn’t curtail the rights of rescission now, it will never happen,” said Kathleen Engel, a professor at Suffolk University Law School in Boston.

The right of rescission was established by the 1968 Truth in Lending Act. Borrowers who can show a material misstatement in loan documents have three years to issue a rescission notice to the lender, who must revoke its lien on the property.

Consumer and industry lawyers said rescissions have risen because of fallout from the collapse of the housing bubble, although precise numbers are hard to come by. Kathleen Day, a spokeswoman for the Center for Responsible Lending, estimated that there are “thousands” of rescission cases pending in jurisdictions around the country; by contrast, the Federal Reserve estimated that there will be 2.25 million foreclosure filings this year.

Forced Modification

Borrowers usually exercise the right of rescission during a foreclosure or other legal proceedings, effectively forcing a loan modification. The borrower seeks a new lender, the original lender returns interest and fees, and the principal is repaid by the second lender.

“It is ultimately the biggest hammer in the toolkit for a lawyer helping someone to save their home,” said Ira Rheingold, executive director of the National Association of Consumer Advocates.

The Fed issued the proposed regulation on Sept. 24 as part of an update of truth-in-lending rules, and asked for public comment by Dec. 23. The Fed filing said the new rules are part of an ongoing review of truth-in-lending rules that has been proceeding for years, and would “reduce uncertainty and litigation costs.”

“The Board does not believe that Congress intended for the creditor to lose its status as a secured creditor if the consumer does not return the loan balance,” the Fed wrote.

Compliance Burden

The Fed filings noted that rescissions are sometimes based on technicalities, such as providing only one copy of a disclosure instead of two. The goal of the new rule is to “reduce undue compliance burden and litigation risk for creditors,” the Fed said, while improving “the clarity and usefulness of disclosures for the consumer’s right to rescind.”

Day of the Center for Responsible Lending called the proposed curbs an “industry-friendly move” that contradicts the Obama administration’s goal of minimizing foreclosures.

“It runs at cross purposes with any effort to bring people to the table,” Day said in an interview.

At a mid-October meeting of the Fed’s Consumer Advisory Council, an external advisory group, consumer groups expressed opposition to the change. At the meeting, Governor Daniel Tarullo signaled that he opposed the proposed rescission rule, according to two people present. Tarullo declined requests for comment.

Consumer Bureau

Two members of the advisory council, who asked that they not be identified because the discussions were private, said they brought the dispute to the attention of Elizabeth Warren, the special adviser to President Barack Obama charged with setting up the Consumer Financial Protection Bureau. The bureau will take over responsibility for truth-in-lending regulations when it begins operations after July 21.

A coalition of consumer and civil rights groups, including Consumers Union and the NAACP, sent a letter to the Fed on Nov. 16 asking the central bank to hold off on updating truth-in- lending regulations until the CFPB starts work.

Naimon, the lawyer with Buckley Sandler who represents lenders, said that waiting for the CFPB would “result in years of additional delay.”

Rescissions add “thousands of dollars” to the cost of a foreclosure process because a bank has to hire a local law firm to manage the litigation, he said. That legal work “can’t just be done from headquarters.”

Potent Tool

With credit markets tight, lenders have become less willing to issue new mortgages, so rescissions have become a potent tool for consumers seeking a loan modification, said Robert Cook, a Hanover, Maryland-based attorney with the firm Hudson Cook LLP. Lenders lose the security on the mortgage — the home itself — effectively becoming unsecured creditors.

“The conventional wisdom, which I think is correct, is that rescissions rise as the economy falls,” Cook said.

The private securitization of mortgages, rare when the lending act was passed in 1968, has imposed additional costs. Under the law, Cook said, the trustee of a pool of privately securitized mortgages can pull the rescinded mortgage out and force the issuer to buy it back.

The Fed proposal would require borrowers to tender the full loan principal before the creditor relinquishes the lien, a change that would “eviscerate the single most effective tool that homeowners have to stop foreclosures,” the consumer groups wrote in their letter.

Naimon argued that rescissions are a “lose/lose proposition” because they are “often a frivolous claim” and no money will be paid to consumers, but rather to lawyers for mortgage bankers.

To contact the reporter on this story: Carter Dougherty in Washington at cdougherty6@bloomberg.net.

To contact the editor responsible for this story: Lawrence Roberts at lroberts13@bloomberg.net.

Home price plunge is widespread… CNN Money.

double dip arrives

By Les Christie, staff writerDecember 28, 2010: 11:24 AM ET

NEW YORK (CNNMoney.com) — Home prices took a shockingly steep plunge on a monthly basis, an indication that the housing market could be on the verge of — if it’s not already in — a double-dip slump.

Prices in 20 key cities fell 1.3% in October from a month earlier, an annualized decline of 15%, according to the S&P/Case-Shiller index released Tuesday. Prices were down 0.8% from 12 months earlier.

Month-over-month prices dropped in all 20 metro areas covered by the index. Six markets reached their lowest levels since the housing bust first began in 2006 and 2007. They were Atlanta, Charlotte, N.C., Miami, Portland, Ore., Seattle and Tampa, Fla.

“The double-dip is almost here,” said David Blitzer, chairman of the Index Committee at Standard & Poor’s. “There is no good news in October’s report. Home prices across the country continue to fall.”

The report was far more dire than anticipated by industry experts, who had forecast an almost flat market in October. It followed weak September numbers.

“It was a bit of a surprise,” said real estate analyst Pat Newport of IHS Global Research. “I wasn’t expecting it to lag so badly in all 20 cities.”

He, along with many other experts, has been forecasting further price erosion over the next few months of 5% to 7%, but didn’t expect the price drop to hit so fast and so hard. It’s mostly attributable to the end of the tax credit for homebuyers, the effects of which started to vanish beginning in June.

“The trends we have seen over the past few months have not changed,” said Blitzer. “The tax incentives are over and the national economy remained lackluster in October, the month covered by these data.”

Sales volume continues to lag, off 25% even from last October, when markets could hardly be described as robust.

Why the housing bulls are wrong
The inventory of homes on the market is up about 50% compared with last year at this time, and there are millions of potential homes for sale waiting on the sideline for markets to improve.

Much of that “shadow inventory” is held as repossessed properties by banks, who will eventually have to release them back on the market.

Most (and least) affordable cities
Prices in Atlanta, down 2.9%, and Detroit, off 2.5%, took a particular beating in October. Las Vegas and Washington came out of the month only slightly bruised, down just 0.2%.

The report ran counter to what have been generally positive signs of economic recovery, according to Richard DeKaser, an independent housing market analyst and founder of Woodley Park Research.

“The market is not showing much improvement after the summer slump,” he said. “Housing is acting as a drag on recovery.”

The coming of the second of the double dip is icing on the cake for homebuyers, who already have benefited from prices not seen in years in most markets.

“Prices have already adjusted, and are probably undervalued in most cities,” said Newport. “This will make them even more undervalued.”